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714 Adopted Report of the City Planning Committee Meeting held Tuesday 19 April 2016 at 9am City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

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Page 1: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

714 Adopted Report

of the

City Planning Committee Meeting held

Tuesday 19 April 2016

at

9am

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

Page 2: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Index Adopted Report of 714

City Planning Committee Meeting Tuesday 19 April 2016 at 9am

Item Direct Div: File Page Subject

City Development Branch

1#

P&E 1

PN165322/12/DA13 4 Development Permit For A Material Change Of Use For Detached Dwellings And Attached Dwellings And Medium Density Detached Dwellings In Accordance With The Precincts 5.2-5.5 Building Controls (Maximum 241 Dwellings) And Development Permit For Reconfiguring A Lot To Create 236 Freehold Lots, 4 Balance Lots, Access Easement, New Road And Park - Lot 2 On RP803861, Lot 1 On SP270647, Lot 804 On SP270725, Lot 1023 On SP270675 & Lot 1 On SP270679 - 104 Swan Road, Pimpama

2#

P&E 11

PN280674/1052/DA4 134 Final Development Approval For Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office And Shop - Lot 606 On SP176393 - 46 Scottsdale Drive, Robina

3#

P&E 4

PN10561/01/DA3 201 Material Change Of Use For 9 Storey Mixed Use Development - Lot 1 On RP173266, Lot 2 On RP103837, Lot 3 On RP103837, Lot 4 On RP103837, Lot 5 On RP103837 - 1 - 11 Harley Street, Labrador

General Business 4 P&E PD98/1132/06/01(P1) 331 Secondary Dwellings Greater Than

80m2 – Code Assessment #Officer’s Recommendation changed by Committee

KEY: CEO - Chief Executive Officer GCW - Gold Coast Water & Waste CMS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects P&E - Planning & Environment CI - City Infrastructure

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

2 Adopted Report

Page 3: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ADOPTION BY COUNCIL 22 APRIL 2016 RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones That the Report of the City Planning Committee’s Recommendations of Tuesday 19 April 2016, numbered CP16.0419.001 to CP16.0419.004, be adopted with the exception of:- Recommendation Numbers CP16.0419.002

CP16.0419.003 and CP16.0419.004 which were specifically resolved.

CARRIED ATTENDANCE Cr C M Caldwell Chairperson Cr D Gates Cr W M A Owen-Jones Cr P J Young Cr G Baildon AM Cr P A Taylor Cr H Vorster Cr G O'Neill Cr K Boulton (visitor) Cr P C Young (visitor) Mrs D Currie Director Planning & Environment Ms A Swain Manager City Development Ms A Tzannes Acting Manager City Planning Mrs Z Meha Manager Business Support APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Presentation on Secondary Dwellings greater than 80m2 – Code Assessment – Kellie Parker, Senior Town Planner, City Planning

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

3 Adopted Report

Page 4: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS IN ACCORDANCE WITH THE PRECINCTS 5.2-5.5 BUILDING CONTROLS (MAXIMUM 241 DWELLINGS) AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - LOT 2 ON RP803861, LOT 1 ON SP270647, LOT 804 ON SP270725, LOT 1023 ON SP270675, LOT 1 ON SP270679 - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 Refer 28 page attachment 1 OVERVIEW Site address 104 Swan Road, Pimpama

Application description

Development Permit for a Material Change of Use for Detached Dwellings and Attached Dwellings and Medium Density Detached Dwellings in accordance with the Precinct 5.2-5.5 Building Controls (Maximum 241 Dwellings); and Development Permit for Reconfiguring a Lot to create 236 Freehold Lots, 4 Balance Lots, Access Easement, New Road and Park

Decision due date 19 April 2016

Proposal

The proposal seeks to create Precincts 5.2 to 5.5 of the Gainsborough Greens development. Precincts 5.2-5.5 are proposed on the western side of the Gainsborough Greens development adjacent to Swan Road and will comprise of 236 freehold lots and a maximum of 241 dwellings.

The future development (built form) of the precincts is also regulated through this application with the approval of the ‘Precinct 5.2 -5.5 Building Controls’. Such controls will establish appropriate setbacks, site cover, height and private open space provisions, will regulate the design of dwellings through appropriate materials and colours, and will also ensure appropriate car parking, fencing and landscaping is provided.

The proposed reconfiguring a lot proposes to create 236 residential freehold lots which will range in size from 300m2 to 755m2.

The proposed reconfiguring a lot plan also proposes the creation of four (4) balance lots:

Lot 1024: 61.78ha in area, will be retained by the Applicant

Lot 1025: 14.12ha in area, is for future public open space to be dedicated to Council;

Lot 1026: 9.062ha in area, is for future public open space to be dedicated to Council; and

a lot for a future pump station, being 218m2 in area.

Main Issues/Resolution

Issue Resolution No issues The proposal is generally

compliant with the overarching Section 3.1.6 Preliminary Approval (Gainsborough Greens Master Plan) conditions and planning code.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

4 Adopted Report

Page 5: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Submissions Objections Support

Not Applicable

Not Applicable

Key issues raised by submitters Not applicable.

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

REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT 7.1 Assessment against Gold Coast Planning Scheme 2003

8 STATE PLANNING POLICIES 9 STATE PLANNING REGULATORY PROVISIONS 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS

11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 Open Space Assessment 11.5 Gold Coast Water 11.6 Plumbing and Drainage 11.7 Environmental Assessment 11.8 Hydraulics and Water Quality 11.9 QLD Fire Rescue 11.10 Landscape Assessment 11.11 Geotechnical Engineering

12 EXTERNAL REFERRALS 12.1 Concurrence agencies

13 DEVELOPMENT INFRASTRUCTURE

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

5 Adopted Report

Page 6: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 14 PUBLIC NOTIFICATION 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION 2 EXECUTIVE SUMMARY Council is in receipt of a combined development application for a Development Permit for a Material Change of Use for Detached Dwellings and Attached Dwellings and Medium Density Detached Dwellings in accordance with the ‘Precinct 5.2-5.5 Building Controls’ (Maximum 241 Dwellings); and Development Permit for Reconfiguring a Lot to create 236 Freehold Lots, 4 Balance Lots, Access Easement, New Road and Park, located at Yawalpah Road, Pimpama, properly described as Lot 2 on RP803861, Lot 1 on SP270647, Lot 804 on SP270725, Lot 1023 on SP270675 and Lot 1 on SP270679.

The subject site is located within the Coomera Local Area Plan (LAP) pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003. The Gainsborough Greens site is included within multiple precincts of the Coomera LAP with the area of the site where the proposed development is located being within the Agricultural/Conservation Precinct.

The proposed development is located within ‘Precinct 5 – Residential’ of the Gainsborough Greens Master Plan and Place Code which forms part of the Preliminary Approval issued in 2008. As the proposed development is consistent with the parameters of the preliminary approval, both the Reconfiguration of a Lot and Material Change of Use components of the application are subject to Code Assessment. The future development (built form) of the precinct is also regulated through the ‘Precinct 5.2 -5.5 Specific Building Controls’ which form part of the application. Such controls will establish appropriate setbacks, site cover, height and private open space provisions, will regulate the design of dwellings through appropriate materials and colours, and will also ensure appropriate car parking, fencing and landscaping is provided.

The proposed development has been assessed against the following codes:

Place Code Gainsborough Greens Master Plan and Place Code

Specific Development Code Reconfiguring a Lot; Attached Dwelling and Medium Density Detached Dwellings; and Detached Dwellings

Constraint Code Bushfire Management Areas; Car Parking, Access and Transport Integration; Flood Affected Areas; Natural Wetland Areas and Natural Waterways; and Nature Conservation

An assessment of the application has determined that the proposal generally complies with the Performance Criteria of the applicable Codes, and that an appropriate outcome can be achieved for the site. Where required, conditions have been included in the Officer’s Recommendations to ensure compliance with the relevant Performance Criteria.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

6 Adopted Report

Page 7: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 As discussed herein, it is considered that the proposed development exhibits sufficient planning justification to warrant favourable consideration. It is therefore recommended that the application be approved subject to the imposition of reasonable and relevant conditions.

3 APPLICATION INFORMATION

Real property description Lot 2 on RP803861, Lot 1 on SP270647, Lot 804 on SP270725, Lot 1023 on SP270675, Lot 1 on SP270679

Applicant Mirvac Pacific Pty Ltd C/- Cardno HRP Owner at time of lodgement Mirvac Pacific Pty Ltd & Mirvac Pacific Pty Ltd Current owner Mirvac Pacific Pty Ltd & Mirvac Pacific Pty Ltd Site area 38.88ha Date application received 14 August 2015 Date entered decision 18 September 2015 Domain N/A LAP & precinct Gainsborough Greens Master Plan and Place Code –

Precinct 5 (Residential) City Plan Open Space Zone, Medium Density Residential Zone,

Sport and Recreation Zone

State planning policies N/A Decision type Development Permit 4 BACKGROUND

Gainsborough Greens Section 3.1.6 Preliminary Approval (PN161275/12/DA2) On 27 November 2007, Gold Coast City Council issued a decision notice for the following development approval:

Part A: Section 3.1.6 Preliminary Approval for a Material Change of Use overriding the Planning Scheme (residential development ranging from 1172 to 1437 dwelling units and non-residential land uses as set out in the Gainsborough Greens Master Plan and Place Code);

Part B: Development Permit for a Material Change of Use (Precinct 2) incorporating a total of 119 dwelling units, including a mix of Detached Dwellings and Attached Dwellings in accordance with building controls; and

Part C: Development Permit for a Reconfiguring a Lot (Precinct 2) (community title subdivision creating 79 standard format lots, new road and common property) and one balance golf course lot.

On 22 December 2008, Council issued a negotiated decision notice for the above development approval.

Council has subsequently approved a number of permissible changes to the decision notice since the original approval; with the current decision notice being approved on 11 May 2015.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

7 Adopted Report

Page 8: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 The Gainsborough Greens Section 3.1.6 Preliminary Approval applies to the site described as parts of Lot 1 on SP270647, Lot 1 on SP270679, Lot 1023 on SP270675, Lot 2 on RP803861 and Lot 804 on SP270725.

A copy of the most recent approved Master Plan for Gainsborough Greens Estate is shown below:

Operational Work – Vegetation Clearing (PN326770/03/DA10) On 4 November 2014, the Manager of City Development resolved to approve the issue of a Development Permit for Operational Work for Vegetation Clearing in Precincts 1.3, Precinct 3, Precinct 4, Precinct 5 and Gainsborough Boulevard between Precincts 3 and 5.

5 PROPOSAL The proposal seeks to create Precincts 5.2 to 5.5 of the Gainsborough Greens development. These Precincts are located within the western portion of the Gainsborough Greens development adjacent to Swan Road.

Material Change of Use: The Material Change of Use component of the application will consist of 231 Detached Dwellings and 10 Attached Dwellings and Medium Density Detached Dwellings with a maximum dwelling yield of 241 in accordance with the ‘Precinct 5.2 – 5.5 Building Controls’.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

8 Adopted Report

Page 9: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 Such controls will establish appropriate setbacks, site cover, height and private open space provisions, will regulate the design of dwellings through appropriate materials and colours, and will also ensure appropriate car parking, fencing and landscaping is provided

The development parameters of the ‘Precinct 5.2 – 5.5 Building Controls’ are summarised below:

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

9 Adopted Report

Page 10: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Reconfiguring a Lot: The proposed reconfiguring a lot proposes to create 236 residential freehold lots, described as proposed Lots 826-900 and 1240-1400, which will range in size from 300m2 to 755m2.

The proposed reconfiguring a lot also proposes the creation of four (4) balance lots:

Lot 1024: 61.78ha in area, will be retained by the Applicant Lot 1025: 14.12ha in area, is for future public open space to be dedicated to Council; Lot 1026: 9.062ha in area, is for future public open space to be dedicated to Council; and A lot for a future pump station, 218m2 in area.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

10 Adopted Report

Page 11: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 Access to the subject site will be via the existing street network from Swan Road.

As part of the application, the applicant is proposing a Greenway, described as a 2.5m wide pedestrian and cycle route, traversing the land located to the east of the proposed residential development, and adjacent to proposed Lots 875-895.

Access easement

An access easement which burdens Lot 1025 and benefits Lot 1024 will be required. The proposed access easement is 245m long and 10m wide.

Open Space Network

The open space network is summarised as follows:

Lot 1025, 14.12ha in area, is to be dedicated to Council in Precinct 5.5

Lot 1026, 9.062ha in area, is to be dedicated to Council in Precinct 5.5

A 1,808m2 pocket park adjoining Yatala Street and Fortescue Street to be progressively

dedicated to Council over Precincts 5.4 and 5.5. Staging The proposed reconfiguring a lot plan details that the development of Precincts 5.2 – 5.5, will occur over four (4) stages, as follows:

Precinct 5.2 (3.56ha in area):

62 residential lots; 510m of 16.5m wide new road;

Precinct 5.3 (3.83ha in area):

55 residential lots; Proposed balance lot for future pump station; 370m of 16.5m wide new road; 65m of 12.5m wide new road;

Precinct 5.4 (1.82ha in area):

23 residential lots; 235m of 16.5m wide new road; 758m2 of pocket park adjoining Yatala Street;

Precinct 5.5 (29.67ha in area): 96 residential lots; 1,015m of new 16.5m wide road; 1,050m2 of pocket park adjoining Fortescue Street; Lot 1024 to be retained by the Applicant; Lot 1025 (public open space) to be dedicated to Council; and Lot 1026 (public open space) to be dedicated to Council.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

11 Adopted Report

Page 12: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

6 SITE & ENVIRONMENT 6.1 Characteristics of site The Gainsborough Greens development site is located at Yawalpah Road, Pimpama, properly described as Lot 2 on RP803861, Lot 1 on SP270647, Lot 804 on SP270725, Lot 1023 on SP270675, Lot 1 on SP270679. The Precinct 5 site is irregular in shape and is located to the north of Yawalpah Road has a total area of 38.88ha.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

12 Adopted Report

Page 13: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

6.2 Characteristics of surrounding environment The approved Gainsborough Greens Master Plan Area is bounded by a series of major roads with Yawalpah Road to the south, Kerkin Road to the east and Swan Road to the west. Hotham Creek and agricultural land holdings are located to the north of the subject site.

The approved Gainsborough Greens Master Plan Area is currently comprised of the Gainsborough Greens Golf Course, residential development within Precincts 1 & 2 and vacant land that is being currently prepared for further residential development.

More specifically, the surrounding area is described as follows:

North:

Hotham Creek defines the northern boundary of the site.

Various agricultural activities associated with sugar cane farming define the northern boundary of the site. Land beyond the northern boundary of the site features large parcels of land that are either vacant or utilised for agricultural purposes and Hotham Creek. The Pimpama Sewerage Treatment Plant is located approximately 1.5km to the north-east of Precinct 1.

South:

The southern boundary of the site is defined by Yawalpah Road. Land south of Yawalpah Road is being currently developed for residential development. The proposed Coomera Town Centre is located approximately 3km to the south of the subject land.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

13 Adopted Report

Page 14: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 East:

Kerkin Road North defines the eastern boundary of the Gainsborough Greens site. The future Intra Regional Transit Corridor (IRTC) traverses the north-eastern portion of Precinct 1, extricating approximately 4.392ha of the Gainsborough Greens site.

Further to the east are large parcels of land used for farming or conservation purposes.

West:

To the west the site adjoins what is known as the Buckler land which now forms part of the greater Gainsborough Greens development. The Buckler land is governed by a separate approval not sitting under the Gainsborough Greens Master Plan and Place Code. Precinct 6 accessed from Swan Road directly adjoins the site which is developed for residential purposes in the form of Detached and Attached Dwellings. Further to the west are the Gold Coast to Brisbane rail line and the Pacific (M1) Motorway.

Although the surrounding area is predominately characterised by large allotments, the fact that recent Council approvals envisage intensive residential development, it is viewed that the proposed residential subdivision is consistent with the evolving character of this locality.

7 PLANNING ASSESSMENT Section 313 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing a code assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

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

the regional plan for a designated region Southeast Queensland Regional Plan – The subject site is located outside the urban footprint. However the existing 3.1.6 Preliminary Approval established over the site has given approval for urban development to occur.

any applicable codes that are identified as a code for IDAS

N/A

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

N/A

any applicable codes in the following instruments:

a structure plan N/A

a master plan Gainsborough Greens Master Plan and Place Code

a temporary local planning instrument N/A

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

14 Adopted Report

Page 15: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

an earlier preliminary approval to which section 242 applies

Refer below.

a planning scheme Refer below.

the infrastructure charge resolution or the priority infrastructure plan

Refer below.

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

the common material Common material has been regarded through assessment.

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

Refer to ‘Background’ and ‘Site and Surrounds’ sections above.

any referral agency’s response for the application Refer below.

the purposes of any instrument containing an applicable code

Refer below.

7.1 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development codeGainsborough Greens Master Plan and Place Code

Bushfire Management Areas Car Parking, Access and Transport Integration; Flood Affected Areas; Natural Wetland Areas and Natural Waterways; Nature Conservation

Attached Dwelling and Medium Density Detached Dwelling; Detached Dwellings; Reconfiguring a Lot

Relationship to the Domain or LAP The subject site is located in Precinct 5 – Residential of the Gainsborough Greens Master Plan and Place Code which forms part of the Preliminary Approval over the site to vary the effect of the Coomera Local Area Plan.

Pursuant to the Planning Scheme, the proposed land uses are defined as Detached Dwelling and Attached Dwelling and Medium Density Detached Dwelling:

Detached Dwelling:

“A dwelling not attached to or touching another dwelling or another building. This is a more specific definition than 'dwelling'. This term does not include a relocatable home.”

Attached Dwelling and Medium Density Detached Dwelling:

“A dwelling attached to or touching another dwelling. This is a more specific definition than 'dwelling'. This term does not include an Apartment. (Please note that a development application for ‘Attached Dwellings and Medium Density Detached Dwellings’ may include individual detached dwellings as a part of the same development complex).”

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

15 Adopted Report

Page 16: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 In accordance with the table of development for the Gainsborough Greens Master Plan and Place Code, the proposed Material Change of Use component triggers Code Assessment.

The proposed development also involves the reconfiguring of the existing allotments to create Precincts 5.2 – 5.5. The Table of Development G: Reconfiguring a Lot, prescribes a minimum lot size of 175m2. As the proposal incorporates lots with a minimum area of 300m2, the Reconfiguring a Lot component triggers Code Assessment.

The intent statement for Precinct 5 of the Gainsborough Greens Place Code is as follows:

“Precinct 5 is located within the western portion of the Gainsborough Greens Master Plan area, west of Precinct 3B and 4. All development must be appropriately designed to effectively respond to the:

> Hydraulic constraints associated with this Precinct;

> Existing native vegetation located in the central area of this Precinct; and

> The adjoining conservation parkland to the east.

Approximately 50% of the existing RE12.3.5 located in the southern portion of this Precinct will be maintained and enhanced.

To create a walkable and liveable neighbourhood, this Precinct will be connected to the surrounding development by a legible and convenient pedestrian / cycle network.

Building heights in this Precinct will be restricted to 3 storeys in height and given its proximity to the future Pimpama Railway Station and the future Pimpama Local Centre, the upper dwelling yield identified on the Gainsborough Greens Master Plan – Plan No. GGMP 01 and strong east-west vehicular / pedestrian linkages with the adjoining development to the immediate west is strongly encouraged.

An appropriate mix of dwelling types will be encouraged and the massing, design, material and colour palette of the built form must complement its diverse surroundings and promote casual surveillance over the active open space area.”

Assessment comments:

Council Officers consider that the proposed development meets the intent of Precinct 5 Residential of the Gainsborough Greens Masterplan and Place Code as detailed below.

The proposed development is reconfiguring the existing allotments for its intended purpose. The proposal achieves a lot size of 300m2 which seeks to retain and enhance the character of the local area. The Gainsborough Greens Masterplan and Place Code is intended to retain a high level of residential amenity. The proposed subdivision and Building Controls seek to support this intent by providing a range of lot sizes that can accommodate a diverse range of housing options. The Building Controls outline building and design guidelines which will ensure that all future Detached Dwellings and Attached Dwellings can achieve a high level of residential amenity and a quality urban outcome that compliments the surrounding development.

The proposed reconfiguring a lot also creates four (4) balance lots, which will be dedicated to Council as public open space, retained by the applicant for future development, or used for future infrastructure to serve the development.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 The proposed subdivision incorporates a new road contributing to an effective and efficient road network. By utilising the existing road network the development ensures there is convenient vehicle and pedestrian access throughout the precincts.

All lots are appropriately dimensioned to ensure that the streetscape of the development is consistent with the local character.

The Gainsborough Greens Masterplan and Place Code prescribe the residential density to be a maximum 525 dwellings. The proposed development seeks a residential density of 241 Dwellings which is considered to comply with this provision.

Compliance with the Gainsborough Greens Master Plan and Place code The proposal complies with all of the place code’s acceptable solutions and performance criteria, except as follows:

Performance Criteria Acceptable Solution PC5 To maintain a high quality urban streetscape the site coverage of development must ensure that the built form is of an appropriate scale and mass, and the separation between buildings are maximised.

AS5 The maximum site coverage of any development does not exceed the following: Detached Dwellings: Lots less than 450m² Lots greater than 450m² but less than 600m² Lots greater than 600m²

60% 55% 55%

Attached Dwellings & Medium Density Detached Dwellings

55%

Apartments 55% Non-residential development:

Where the proposed non-residential development only adjoins other non-residential development; OR

Where the proposed non-residential development adjoins residential development and there is at least a 3m setback from this boundary.

60%

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Alternate Solution Sought:

The Building Controls for Precincts 5.2-5.5 detail the following site coverage provisions for future Detached Dwellings and Attached and Medium Density Detached Dwellings:

Lots 601m² or larger – maximum site coverage of 60%. Lots 600m² or smaller – maximum site coverage of 60% plus an additional 10% for

covered private open space.

Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria PC5 for Site Coverage as follows:

In accordance with the Gainsborough Greens Master Plan and Place Code, the allowable site coverage as stated by the acceptable solution is 60% for lots less than 450m² and 55% for lots greater than 450m². The proposed development seeks an increase to this requirement in order to provide a more efficient use of the site. Despite this increase on what the acceptable solution allows, it is considered that the proposed site coverage will satisfy the requirements of the Performance Criteria (PC). The primary purpose of the PC is to maintain a high quality urban streetscape. As the precinct will be governed by specific building controls which will regulate building setbacks, scale, massing and the visual appearance of dwellings, it is considered that a high quality urban streetscape will be maintained as there will be greater control over the developed product. It should be noted that the site coverage proposed, is identical to other approved site coverage controls within the Gainsborough Greens estate and similar to other residential estates in the northern Gold Coast area. As such, the building product established on site in accordance with the proposed site cover will be consistent with the built form product in the surrounding area.

As such, it is considered that the proposed site cover is acceptable and satisfies PC5 of the Gainsborough Greens Master Plan and Place Code.

Performance Criteria Acceptable Solution PC31 All dwellings must be provided with sufficient outdoor private open space for the reasonable recreational needs of residents.

AS31.1 All Detached Dwellings will provide a private open space area that: Is at least 25m² with a minimum

dimension of 4m; and

Has a maximum gradient not exceeding 1:10.

AS31.2.1 All Attached Dwellings and Apartments provide a private open space area that is at least 16m² with a minimum dimension of 4m, which is directly accessible from a room other than a bedroom or services room.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Performance Criteria Acceptable Solution

OR AS31.2.2

Where the dwelling unit is located entirely above ground floor level, the private open space consists of a balcony or roof area open to the sky, and is a minimum area of 8m² and a minimum dimension of 2m, directly accessible from a living room.

Alternate Solution Sought:

The Building Controls for Precincts 5.2-5.5 detail the private open space area provisions for future Detached Dwellings and Attached and Medium Density Detached Dwellings in accordance with the acceptable solution above except for the following:

A minimum dimension of 3 metres instead of 4 metres Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria PC31 for Private Open Space as follows: As noted above, the applicant has simply sought an alternate solution to the private open space provision, which requires the minimum amount of private open space to be provided however provides for a minimum dimension of 3 metres as opposed to 4 metres.

The proposed development is considered to satisfy PC31 of the Gainsborough Greens Master Plan and Place Code as the proposed provision of private open space is not reduced and therefore the extent of open space provided is still considered to be sufficient.

The reduction of the minimum dimension from 4m to 3m is not considered to impede the ability of residents to use this space. Given the size and design of the proposed allotments, the private open space provided on site will be for passive recreation, likely to be used for outdoor dining or relaxation purposes. A minimum dimension of 3m is considered to be ample room to accommodate furniture for this purpose and therefore is considered to be sufficient for the recreational needs of residents. Additionally, it should also be noted that the private open space criteria proposed, is identical to other approved controls within the Gainsborough Greens estate and similar to other residential estates in the northern Gold Coast area. As such, the building product established on site in accordance with the proposed site cover will be consistent with the built form product in the surrounding area. As such, it is considered that the proposed development satisfies PC31 of the Gainsborough Greens Master Plan and Place Code.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development codes: Reconfiguring a Lot Specific Development Code; Attached Dwelling and Medium Density Detached Dwelling Specific Development Code;

and Detached Dwelling Specific Development Code. It is considered that the proposal complies with all of the specific development code’s acceptable solutions and performance criteria. Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:

Bushfire Management Areas Constraint Code; Car Parking, Access and Transport Integration Constraint Code; Nature Conservation Constraint Code; Natural Wetland Areas and Natural Waterways Constraint Code Flood Affected Area Constraint Code. The proposed development is considered to comply with constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code. 8 STATE PLANNING POLICIES The proposed development has been assessed against the relevant State Planning Policies. The proposed development is considered to demonstrate compliance with the relevant State Planning Policies. 9 STATE PLANNING REGULATORY PROVISIONS The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion. 10 SOUTH EAST QUEENSLAND REGIONAL PLAN In accordance with the Southeast Queensland Regional Plan (SEQRP), the subject site is located within the ‘Regional Landscape and Rural Production Area” (RLRPA) and therefore is located outside the Urban Footprint.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

The suitability of the subject land for urban development has been considered and subsequently approved under the earlier Section 3.1.6 Preliminary Approval for Gainsborough Greens development site. The proposed development is entirely located within the Residential Precinct under the approved Gainsborough Greens Master Plan Area and therefore considered appropriate under the provisions of the SEQRP.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 22 June 2015

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

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

11.1 Health and Regulatory Services Healthy and Regulatory Services have assessed the proposed development and have no comments or conditions.

11.2 Transport Assessment City Transport has assessed the proposed development and has provided conditions of approval in relation to traffic signals.

11.3 Subdivision Engineering Subdivision Engineering have assessed the proposed development and have provided conditions of approval in relation to works compliance and completion, roadworks – residential collector streets, residential access streets, line-marking and signage, kerb and channel profile, road names, corner truncations, footpaths and bike ways, survey marks, vehicle crossover, electricity supply, street lighting and telecommunication wiring.

11.4 Open Space Assessment Open Space Assessment has assessed the proposed development and have provided conditions of approval in relation to the transfer of public open space, detailed landscape plans, establishment period and on maintenance period for open space, maintenance management plan and fencing.

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

“Sewerage

Stages 5.2-5.5 require a lift station within stage 5.3, which connects through Stage 5.1 and to the existing 225mm sewer stub from the 600mm trunk sewer main along Yawalpah Road.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Water

Stages 5.2-5.5 will connect to water via the adjoining completed stages of Gainsborough Greens to the west.”

Gold Coast Water have provided conditions of approval in relation to sewer reticulation, water supply reticulation, design and construction of sewer, connection point, operational works for infrastructure, schematic plan, design and construction of water, property services, water meter box, supply standard and fire loading.

11.6 Plumbing and Drainage Plumbing and Drainage has assessed the proposed development and have provided conditions of approval in relation to obtaining compliance permits for sewer and water.

11.7 Environmental Assessment Environmental Assessment has assessed the proposal development and have provided conditions of approval in relation to rehabilitation/revegetation works and koala exclusion fencing.

11.8 Hydraulics and Water Quality Hydraulics have assessed the proposed development and have provided conditions of approval in relation to no worsening of hydraulic conditions, stormwater management plan, stormwater treatment, on maintenance period, stormwater easement and sediment and erosion control.

11.9 QLD Fire Rescue QLD Fire and Rescue (Bushfire Assessment) has assessed the proposed development and have provided conditions of approval in relation to the bushfire management plan, road design for fire fighter access and water supply requirements.

11.10 Landscape Assessment Landscape Assessment has assessed the proposed development and have provided conditions of approval in relation to detailed landscape plan to be submitted and fencing.

11.11 Geotechnical Engineering Geotechnical Engineering has assessed the proposed development and have provided conditions of approval in relation to certification of retaining structures and retaining structures design and construction.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies On 18 September 2015, the Department of Infrastructure Local Government (DILGP) and planning provided a Concurrence Agency response with no requirements for the proposed development.

A copy of DILGP’s referral agency response will be attached to the Decision Notice.

13 DEVELOPMENT INFRASTRUCTURE Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which will be attached to the decision notice.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

14 PUBLIC NOTIFICATION The proposed development is subject to Code Assessment in accordance with the table of Development for Precinct 5 of the Gainsborough Greens Master Plan and Place Code, and therefore public notification is not required.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Assessment against Gainsborough Greens Preliminary Approval – PN161275/12/DA2 In addition to the assessment of the proposal against the Gainsborough Greens Master Plan and Place Code, an assessment must also be made against the approved plans, parameters and conditions of the Gainsborough Greens Preliminary Approval.

The proposal is considered to be consistent with the preliminary approval with all development contained within the defined boundaries for Precinct 5. Furthermore, the proposed land uses are envisaged land uses within Precinct 5 and the proposed dwelling yield does not exceed the prescribed threshold as approved by the preliminary approval.

An assessment against the conditions of the preliminary approval has been made and it is considered that the proposed development complies with the applicable conditions of the preliminary approval.

16 CONCLUSION The proposal seeks to create Precincts 5.2 to 5.5 of the Gainsborough Greens development. The future development (built form) of these precincts will be regulated through the ‘Precinct 5.2 -5.5 Building Controls’. Such controls will establish appropriate setbacks, site cover, height and private open space provisions, will regulate the design of dwellings through appropriate materials and colours, and will also ensure appropriate car parking, fencing and landscaping is provided.

The proposed reconfiguring a lot proposes to create 236 residential freehold lots which will range in size from 300m2 to 755m2. The proposed reconfiguring a lot plan also proposes the creation of four (4) balance lots.

Overall, the proposed building controls and subdivision plans of the development are considered to comply with the earlier Preliminary Approval and the Gainsborough Greens Master Plan and Place Code over the site.

An assessment of the application has determined that the proposal generally complies with the earlier preliminary approval and Performance Criteria of the applicable Codes, and that an appropriate outcome can be achieved for this site. Where required, conditions have been included within the Officer’s Recommendation to ensure compliance with the relevant Performance Criteria.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

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

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

Development Controls There are development approval conditions applicable on this land in perpetuity and will attach to the subsequent lots. These conditions may include development controls including but not limited to building setbacks, driveway location, building design, etc which are applicable to future development over the lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

18 RECOMMENDATION

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

Real property description Lot 2 on RP803861, Lot 1 on SP270647, Lot 804 on SP270725, Lot 1023 on SP270675 and Lot 1 on SP270679

Address of property 104 Swan Road, Pimpama Area of property 38.88ha Decision type Development Permit for a Material Change of Use for

Detached Dwellings and Attached Dwellings Medium Density Detached Dwellings in accordance with the Precinct 5.2-5.5 Building Controls (Maximum 241 Dwellings); and Development Permit for Reconfiguring a Lot to create 236 Freehold Lots, 4 Balance Lots, Access Easement, New Road and Park

Further development permits Building Works, Plumbing and Drainage, Vehicle Crossover, Operational Works

Further compliance permits N/A Compliance assessment required for documents or works

Survey Plan

PART A: MATERIAL CHANGE OF USE

NATURE OF DECISION

A Council approves the issue of a development permit for Material Change of Use for Detached Dwellings and Attached Dwellings in accordance with the ‘Precinct 5.2-5.5 Building Controls’ (maximum 241 Dwellings), subject to the following conditions:

APPROVED DRAWINGS

1 Development to be generally in accordance with specified plans/drawings

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

Plan No. Rev Title Date Prepared by - Ver.1.1 Gainsborough Greens

Precinct 5.2-5.5 Building Controls

September 2015

Cardno HRP

BRJD4595.005-090 Sheets 1 & 2

V Lot Typology for Precincts 5.2-5.5 Gainsborough Greens

18/01/2016 Land Partners

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. Changes requiring further approval 2 Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required. Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Timing At all times.

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

AMENITY

5 Restricted paint colours

Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.

Timing At all times.

6 No nuisance from lighting

All lighting devices must be positioned on the premises and Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.

7 Roof to be non-reflective - Amenity

The roof of buildings and structures must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.

Timing At all times.

VEHICULAR CROSSINGS AND DRIVEWAYS

8 Domestic (Residential) driveways – gradients and geometry

Driveways within domestic (residential) lots must a comply with the requirements of AS2890.1:2004 Parking facilities Part 1: Off-street car parking (as relevant to domestic driveways), including the following gradient requirements.

Gradients must not exceed 1 in 4 (25%). i Appropriate grade transitions shall be provided ii for any change in grade larger than 1:8 (12.5%) for a summit (crest) or 1:6.7 (15%) for a sag. The grade transitions shall be a minimum of 2.0 metres in length.

Where the gradient of driveway/s exceeds 12.5%, safe b pedestrian access facilities must be provided to Council’s satisfaction (eg. handrails, steps and/or cleats). The section of driveway across the verge (referred to c in Council’s Land Development Guidelines as the ‘Vehicular Crossing’) must comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and requires a Vehicular Crossing licence (VXO) from Council prior to construction.

Timing At the time of driveway construction and then maintained at all times.

9 Vehicular crossings

A vehicular crossing (driveway entry within the road a reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable:

05-02-302 Vehicular crossing low density i residential, and 05-02-303 Vehicular crossing low density residential requirements.

The applicant must apply for and obtain a licence from b Council for the construction of the vehicular crossing/s.

Timing Prior to commencement of the use on the site.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

The vehicular crossing/s must be constructed to the c satisfaction of the Chief Executive Officer.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

10 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with

Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works;

iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer.

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking.

Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

BUSHFIRE MANAGEMENT

11 Bushfire management plan must be complied with

All development carried out must be in accordance a with the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for Proposed stages 5.2 – 5.5 of Gainsborough Greens Estate Yawalpah Road Pimpama, A 165322, dated 14/05/2015, prepared by Bushland Protection Systems Pty Ltd. All measures required by the approved BMP must be b implemented prior to the commencement of the use of the premises. The approved BMP must be complied with at all times c for the life of the development and the use of the premises.

Timing As indicated within the wording of the condition.

12 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

13 Bushfire management information for new purchasers

The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new, so that each resident is informed about:

The requirement for the approved BMP to be complied a with at all times for the life of the development and the use of the premises; The potential bushfire hazard on the site; b Their responsibility for fire management; and c The measures available for ongoing fire hazard d mitigation.

Timing Prior to the transfer or sale of property.

14 Road design to provide access for fire fighters

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

Timing At all times.

15 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times.

Timing Prior to the use commencing and then maintained at all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

30 Adopted Report

Page 31: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

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

Timing At all times.

17 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.

Timing At all times.

Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners. Information note:

Where the bushfire management plan (BMP) has triggered the requirements of AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the applicable performance criteria.

QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

LANDSCAPE WORKS ON PRIVATE LAND

18 Detailed landscape plan to be submitted for approval for Attached Dwellings

The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect i or similar landscape design professional; Reflect the approved layout and the conditions of ii this approval; and Comply with Planning Scheme Policy 13 – iii Landscape Strategy Part 2 – Landscape Works Documentation Manual.

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the commencement of use in relation to the individual attached dwellings.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

31 Adopted Report

Page 32: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

PLUMBING AND DRAINAGE

19 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

20 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property, without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

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

SEWERAGE

21 Sewer reticulation

The development must be connected to Council’s sewer reticulation system at no cost to Council.

Timing Prior to commencement of the use of the premises.

22 No building work over or within Council easements and minimum distance from Council infrastructure

No building work is permitted over or within any a Council public utility easements. All proposed buildings and structures must be located b a minimum distance of 1.5 metres from Council infrastructure.

Timing At all times during works and then maintained.

WATER SUPPLY RETICULATION

23 Water supply reticulation (potable only)

The development must be connected to Council’s a potable water supply system at no cost to Council.

Timing Prior to commencement of the

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

32 Adopted Report

Page 33: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

In the case of duplex sites, each dwelling within the b duplex shall be separately connected, at no cost to Council.

use of the premises

PART B: RECONFIGURING A LOT

NATURE OF DECISION

A Council approves the issue of a development permit for reconfiguring a lot for 236 Freehold Lots, 4 Balance Lots, Access Easement, Road and Park subject to the following conditions:

APPROVED DRAWINGS

1 Development to be generally in accordance with specified plans/drawings

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

Plan No. Rev Title Date Prepared by BRJD4595.005-093 Sheets 1 - 4

V Proposed Reconfiguration Plan for Balance Area of Precinct 5

18/01/2016

Land Partners

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

2 Changes requiring further approval

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

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

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

33 Adopted Report

Page 34: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 3 Decision notice and approved plans/drawings to be

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

ROADS

5 Roadworks: Residential collector streets

Design and construct Road 1, Road 3 and Road 4 (from Road 3 to Road 5) to a ‘Residential Collector Street’ classification. These roads must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

6 Roadworks: Residential access streets

Design and construct Roads 2, 2A, 4 (north of Road a 5), 5, 6, 7 and the road adjacent lots 1290 to 1292 (to the eastern end of lot 1292) to a ‘Residential Access Street’ classification. The road/s must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve. The end of the residential access street adjacent lot b 1292 is to be designed and constructed to provide suitable practical access to the existing driveway within Easement A on RP44202 (access to lot 2 on SP261925).

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

34 Adopted Report

Page 35: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 7 Roadworks: Access lanes

Design and construct Access Lane/s (short stub roads) adjacent to lots 895 to 897 to a ‘Residential Access Street’ classification for pavement depth and gradient purposes, and in compliance with the following:

The Access Lane/s must have a 5.5m wide pavement a on 12.5m (minimum) reserve; A maximum of three dwellings are permitted to b access and have frontage to Access Lane/s; Where the Access Lane is designed with kerb and c channel and flexible pavement, it must have a threshold treatment at the intersection and maximum 3m radius kerb returns. Alternatively, where the Access lane is designed to have the appearance of a driveway (i.e. with a standard crossover and no kerb returns), it must have a concrete pavement designed and constructed in accordance with section 12 Guide to Pavement Technology Part 2: Pavement Structural Design (Austroads 2008), and have a minimum base thickness of concrete of 150mm; and Where the Access Lane is constructed with a d concrete pavement, the applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) that the concrete pavement works have been designed and constructed in accordance with the requirements of this condition.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

8 Roadworks: Cul-de-sac heads

Design and construct the cul-de-sac head (turning a area) adjacent lot 1378 to a Residential Access Street classification for pavement depth purposes. The cul-de-sac head/s must have a 10 metre kerb b radius.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

9 Roadworks: Line-marking and signage

All line-marking (including centreline and edge lines) a and signage shall be undertaken in accordance with the details contained on the relevant Council

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

35 Adopted Report

Page 36: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

standard drawings and the latest version of the Queensland Manual of Uniform Traffic Control Devices (MUTCD). A line-marking and signage plan must be submitted b with and form part of the operational works drawings for the roadworks.

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

commencement of the use.

10 Kerb and channel profile

All roads are required to have ‘barrier’ kerb and channel (k&c). Roll-top kerb and channel and edge restraints are generally no longer acceptable. The only exception to barrier kerb and channel is in laneways where centre of road drainage is proposed.

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

11 Kerb return radius

Kerb returns at all standard residential access and collector street intersections are required to have a 6 metre maximum radius.

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

12 Road names to be submitted for new public roads

The applicant must submit to Council for approval, on a a road hierarchy plan, specific road names and designations for all proposed public roads within the site. Proposed road names must not conflict with existing road names in the general area. Where an existing road is proposed to be extended, b the extension is required to have the same road name as the existing road. All engineering drawings submitted with any c development application for operational work (works for infrastructure) must display the approved street names.

Timing The plan must be submitted and approved prior to the making of any development application for operational work (works for infrastructure).

TRAFFIC SIGNALS

13 Traffic signals

Design and construct traffic signals at the intersection of Swan Road and Yawalpah Road, to the satisfaction of the Chief Executive Officer. An operational works application is to be submitted to Council for approval of these works.

Timing Prior to the commencement of the use of stage 5.2.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

36 Adopted Report

Page 37: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Information note:

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

FOOTPATHS AND BIKEWAYS

14 Footpaths

The applicant must design and construct concrete footpaths as follows:

i 1.5 metre wide paths in the locations as generally shown green on plan SK01 revision B dated 01/09/2015 by VEE Design.

ii 2.5 metre wide path (The Greenway) in the location as generally shown red on plan SK01 revision B dated 01/09/2015 by VEE Design.

The applicant must apply for and obtain a a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or commencement of the use.

SURVEY MARKS

15 Permanent Survey Marks

Permanent Survey Marks, levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA94) to 4th order accuracy or better must be placed on the land at locations approved by the Chief Executive Officer or in accordance with guidelines adopted by Council. The applicant is to provide written confirmation that this has been achieved at the time of requesting compliance assessment of the subdivision plan.

Timing Prior to a request for compliance assessment of the subdivision plan.

16 Connection to Permanent Survey Marks

All lots are to be connected to Permanent Survey Marks (PSMs) in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and Council’s Standard Electronic Format for As Constructed Data, June 2006. The connections of the lots to the PSMs and the coordinates of the PSMs must be

Timing At the time of lodgement of subdivision plan/s to Council for compliance assessment.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

37 Adopted Report

Page 38: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

shown on the face of the subdivision plan/s when giving such plan/s to Council for compliance assessment.

ELECTRICAL RETICULATION

17 Electricity supply

The applicant must submit to Council a copy of the a ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed residential lots. In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected. Any existing overhead electricity lines up to and c including 11kV lines within the site (i.e. within stages 5.2 to 5.5 but excluding park lots 1024 and 1025 and balance lots) must be removed or placed underground.

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

STREET LIGHTING

18 Street lighting - design and installation

The applicant must design and install a street lighting a system (including connections and energising) to all roads within and bounding the subdivision and to all footpaths/bikeways within park and road reserves associated with the subdivision, at no cost to Council. The design and construction of the street lighting b system must:

Be in accordance with Section 3.7 and Section i 6.15.1 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; Meet the relevant requirements of the electricity ii supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and Be acceptable to the electricity supplier (eg. iii ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters).

Timing Prior to compliance assessment of the subdivision plan.

19 Operational work (works for infrastructure) application required The applicant must apply to Council for approval of the street lighting, by making a development application for operational work (works for infrastructure), that must be:

Timing Prior to any other approval being given for operational works (works for

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

38 Adopted Report

Page 39: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Accompanied by street lighting and electrical a reticulation drawings; and Made at the same time that development approval is b applied for other aspects of works for infrastructure, so as to demonstrate that that services (including pillars) do not conflict.

infrastructure).

TELECOMMUNICATIONS

20 Telecommunications – Reconfiguring a lot

The applicant must: Provide underground telecommunications to all a proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards). Size the pit and pipe infrastructure so as to cater for b future installation of fibre optic cables. Remove and place underground existing overhead c telecommunications cables within the site. Provide certification to Council, from the authorised d telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra or NBN Co standards). Provide separate certifications for each individual e stage within a multi-stage development.

Information note: For sites comprising 100 dwelling/lots or more, underground fibre optic cabling must be installed by NBN Co or an alternative carrier.

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

WORKS – COMPLIANCE AND COMPLETION

21 Compliance assessment of subdivision plan before completion of all works In the event the applicant seeks the issue of a compliance certificate for the subdivision plan under section 407 of the Sustainable Planning Act 2009 before all conditions have been complied with and, if Council, in its absolute discretion, agrees to the request the applicant must, before the compliance certificate is issued: a Give security to Council in the amount and form

required by Section 11 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and enter into a uncompleted works bond agreement with Council;

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

39 Adopted Report

Page 40: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

and b Provide the following ‘Preliminary As Constructed’

data for the constructed sewerage and stormwater infrastructure works that will come under Council’s ownership as contributed assets, certified by a Registered Professional Engineer of Queensland (RPEQ), in both hard copy and digital format in accordance with Council’s Standard Electronic Format For As Constructed Data: i A completed As Constructed Data Submission

Form available on Council’s website (Tracks document #18557146);

ii A Services Location Plan complying with the requirements of Council’s Standard Electronic Format For As Constructed Data but also including the following additional information; A Location of sewerage house connections

determined by offsets from allotment boundaries;

B Location of As Constructed and/or proposed stormwater structures and lines in private property, showing easements (eg. Property pits, field inlets, headwalls, stormwater pipework etc);

C Allotment numbers; and D The GCCC file reference PN# and any

operational work approval numbers. 22 Compliance with Land Development Guidelines and

operational work development permits Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must:

Be designed, constructed and maintained in a accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; In the case of assessable development, be approved b by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and Where any Standard and/or Specification and/or c Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

40 Adopted Report

Page 41: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

edition of any Standard, Specification, Code or Document is to take precedence.

23 Staged subdivision

The stages as shown on ‘Proposed Reconfiguration Plan for Balance Area of Precinct 5’ BRJD4595.005-093 (Sheets 1 to 4) rev V dated 18/01/2016 by Land Partners are approved for the purposes of construction (subject to operational work approval) and compliance assessment of subdivision plans, subject to the following requirements:

The Operational Works application can cover more a than one stage; however the engineering plans must be split into the individual stages shown on the approved staging plan. The construction of any approved operational works b (including provision of “as constructed” information) and compliance assessment of subdivision plans must be in the sequence (i.e. order) of the stages shown on the approved staging plan. To be clear, the subdivision plan for stage 1 must be approved by Council before (or at the same time as) the stage 2 subdivision plan, and so on. Subdivision plans must correspond to the stages as c shown on the approved staging plan. Any subsequent proposed amendments to the stage d boundaries or the sequence of development must be first approved by Council as a change to the reconfiguration of a lot development approval and any operational work development approval.

Timing As indicated within the wording of the condition.

GEOTECHNICAL

24 Certification of retaining structures long-term factor of safety The applicant must submit to Council:

Prior to commencement of any bulk earthworks on-site, a certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that all retaining structures associated with the proposed development have been adequately designed based on existing geotechnical conditions of the site taking into account all predicted surcharge loadings; and they will achieve a long-term factor of safety greater than or equal to 1.5 against geotechnical failure. Prior to compliance assessment of the subdivision plan, b certification from a RPEQ specialising in geotechnical engineering confirming that all constructed retaining

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

41 Adopted Report

Page 42: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

structures on site have achieved adequate stability with a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

25 Retaining structures – design and construction

Retaining structures and associated footings must be a designed and constructed in accordance with AS 4678 – 2002 Earth-retaining structures. Retaining structures and associated footings must b comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to:

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

Retaining structures adjoining roads, car parking areas c or other structures must be designed and constructed to take surcharge loadings. Design drawings must indicate the point of discharge for surface stormwater and subsoil drainage that is collected behind the retaining structures. Retaining structures proposed within private lots must d not encroach onto existing or proposed road reserves, public open spaces or easements. The structures (including associated footings) are to be located within the subject site/lots and are to be founded such that any excavation by Council or service authorities up to the boundary will not result in additional expense, safety measures or rectification being necessary to perform such works. Retaining structures must be made of durable materials e not subject to rot and insect attack and have a minimum design life of 60 years.

Timing At all times.

26 Compliance with Australian Standard

All earthworks must be carried out in accordance with a AS 3798-2007: Guidelines on earthworks for commercial and residential developments. Supervision of bulk earthworks must be to Level 1 and b the frequency of field density testing must be in accordance with Table 8.1 of AS 3798-2007. Fill materials must be placed in layers, watered if c required and compacted to achieve the specified density ratio as specified in Table 5.1 - Minimum Relative Compaction of AS 3798-2007.

Timing At all times while earthworks are occurring on-site.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

42 Adopted Report

Page 43: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

HYDRAULICS

27 No worsening of hydraulic conditions

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

No increase in peak flow rates downstream from the a site; No increase in flood levels external to the site except b what has been identified in the approved hydraulic report, being “Actionable Damage Report, Issue 9a (Project No QE020093, Document Not: QE020093-ADR-v9a)”, dated 21 July 2015 prepared by Burchills Engineering Solutions Pty Ltd; and No increase in duration of inundation external to the site c that could cause loss or damage.

Timing At all times.

28 Alteration of overland flow paths

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

Timing At all times.

29 Certification of earthworks compliance with hydraulic report The applicant must submit to Council a certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the bulk earthworks for Stages 5.2 to 5.5 generally comply with the approved hydraulic report, being “Actionable Damage Report, Issue 9a (Project No QE020093, Document Not: QE020093-ADR-v9a)”, dated 21 July 2015 prepared by Burchills Engineering Solutions Pty Ltd, and do not cause flood storage loss except what has been accepted in the approved report. The certification must be accompanied by calculations and as constructed data that includes existing and proposed triangulated surface meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS.

Timing The certification must be submitted to Council immediately after completion of the bulk earthworks.

STORMWATER AND WATER QUALITY

30 Stormwater management plan to be complied with

The applicant must submit certification from a a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management strategy being “Re: Gainsborough Greens Precinct 5.2-

Timing a. The certification

must be submitted prior to compliance assessment of the subdivision plan or 'On Maintenance'

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

43 Adopted Report

Page 44: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

5.5 ROL – Stormwater Quality Management Strategy (applicant’s ref: projects/4234)” dated 7 May 2015 prepared by DesignFlow Pty Ltd. Should the proposed works proceed prior to the b wetland systems proposed in the above stormwater management strategy is constructed and functional, the applicant must provide interim stormwater management measures within the subject site and demonstrate that the interim measures can achieve Council’s pollutant load reduction targets. Such interim system must be designed in accordance with Council’s Land Development Guidelines.

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

(whichever occurs first), or if no subdivision plan is required, prior to the commencement of the use of the premises.

b. Prior to commencement of work on site

31 SQIDs engineering design drawings and supporting information

The applicant must submit to Council detailed a engineering design drawings and supporting information for all stormwater quality improvement devices (eg. grassed swales, wetlands, gross pollutant traps, bio-retention basins, etc) identified in the approved stormwater management plan (as amended by Council). Construction protection measures for the stormwater b quality improvement devices are to be defined within the detailed engineering drawings (eg. geo fabric and grassed turf must be placed over the bio-retention device during the construction phase) in accordance with section 13.6.5 of Council’s Water Sensitive Urban Design Guidelines (2007). The engineering design drawings and supporting c information are to be prepared in accordance with the Council’s Planning Scheme Policy 11 – Land Development Guidelines. The applicant must submit the drawings and d information at the same time and together with a development application for operational work (works for infrastructure). This information must be provided within the bulk earthworks diagram if the filter media is to be placed within the device prior to commencing civil works on-site.

Timing At the time of lodgement of a development application for operational work (works for infrastructure).

32 Certification that engineering drawings reflect stormwater management treatment train The applicant must provide to Council certification from a

Timing At the time of lodgement of any development

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

44 Adopted Report

Page 45: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the submitted engineering drawings accurately reflect the stormwater management treatment train contained within the approved stormwater management plan.

application for operational work (works for infrastructure).

33 Certification that stormwater management treatment train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use.

34 Public utility (stormwater) easements to be provided

Public utility (stormwater) easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council stormwater infrastructure located in private land. Such easements must meet the following requirements:

Easement widths must comply with the requirements a specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings for stormwater infrastructure. Notwithstanding the easement width requirements b specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, a 400 mm minimum horizontal clearance is required between infrastructure of differing types. The applicant must provide to Council a certification c from the surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the d satisfaction of the Chief Executive Officer. Easement plans and associated documents must be e duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 document f shall refer to the Registered Document No. 707918364.

Timing The terms of the easement shall be executed prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of the premises.

35 ‘On Maintenance’ period for stormwater treatment devices

The applicant is responsible for a 12-month ‘On a Maintenance’ period for all stormwater treatment devices (except for the bio-retention basin, which is subject to a 24-month ‘On Maintenance’ period) in

Timing Prior to Council accepting the treatment devices ‘On Maintenance’.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

45 Adopted Report

Page 46: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

accordance with Council’s Water Sensitive Urban Design Guidelines (2007). During the ‘On Maintenance’ period, the applicant, and not Council, is responsible and liable for:

Maintaining stormwater treatment devices; i Rectifying any defects and any damage that ii occurs, unless the damage is directly attributable to Council activities; and Undertaking water quality monitoring and iii submitting the results to Council, monthly, for assessment.

All works must be completed in accordance with the b approved stormwater management plan at no cost to Council and to the satisfaction of the Chief Executive Officer. Bioretention devices will not be accepted as ‘On c Maintenance’ until at least 80% of the contributing internal catchments have been completed and stabilised.

EROSION AND SEDIMENT CONTROL

36 Erosion and sediment control

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

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

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

The open drain must be turfed, unless approved i otherwise in a Council approved stormwater management plan; and A turf strip must be placed at 90 degrees to the ii

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

46 Adopted Report

Page 47: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

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

in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). All polluted/contaminated water from the site, including g dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out h before the site is fully rehabilitated:

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

Water quality must be monitored generally in i accordance with the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. The monitoring must be carried out after any rain event equal to or greater than 15mm in a 24 hours period. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

37 Construction of sediment basin

The sediment basin(s) proposed for the construction a phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). The basin design

Timing During operational / construction works (works for infrastructure and/or

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

47 Adopted Report

Page 48: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

must be responsive to the high risk nature of the subject site. Each sediment basin must have the capacity to treat b flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation. Sediment basins must be dewatered within 5 days after c each rainfall event. Sediment basins and associated structures such as d inlets, outlets and spillways must be designed and constructed to be structurally sound for a 20 year ARI rainfall event under normal circumstances. A high-flow bypass system must be included (if e necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events. Accumulated sediment from basins and other controls f must be removed within two months and disposed of appropriately without causing water contamination.

change to ground level).

38 Inspections and reporting

All erosion and sediment control measures must be a inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council. All drainage control structures such as diversion banks, b diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event. Where inspection indicates a non-conformance, a Non-c Conformance Report must be generated. This report must include but not limited to the following:

Details of the nature and cause of non-i conformance; and Details of the required corrective actions. ii

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent. A monthly summary of Erosion and Sediment Control d

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

48 Adopted Report

Page 49: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

(ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

Filled in ESC inspection checklist of Best Practice i Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008); Description of any incidents of non-conformance ii and corrective actions; Results of corrective actions; and iii Revisions to the Erosion and Sediment Control iv Plan (ESCP).

BUSHFIRE MANAGEMENT

39 Bushfire management plan must be complied with

All development carried out must be in accordance with a the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for Proposed stages 5.2 – 5.5 of Gainsborough Greens Estate Yawalpah Road Pimpama, A 165322, dated 14/05/2015, prepared by Bushland Protection Systems Pty Ltd. All measures required by the approved BMP must be b implemented prior to the commencement of the use of the premises. The approved BMP must be complied with at all times c for the life of the development and the use of the premises.

Timing As indicated within the wording of the condition.

40 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

41 Bushfire management information for new purchasers

The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new, so that each resident is informed about:

The requirement for the approved BMP to be complied a with at all times for the life of the development and the

Timing Prior to the transfer or sale of property.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

49 Adopted Report

Page 50: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

use of the premises; The potential bushfire hazard on the site; b Their responsibility for fire management; and c The measures available for ongoing fire hazard d mitigation.

42 Road design to provide access for fire fighters

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

Timing At all times.

43 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

44 Compliance with the recommendations

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

Timing At all times.

45 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.

Timing At all times.

Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners. Information note:

Where the bushfire management plan (BMP) has triggered the requirements of AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the applicable performance criteria.

QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

50 Adopted Report

Page 51: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

REHABILITATION

46 Rehabilitation completion and certification

The applicant must undertake the rehabilitation/revegetation works for the Public Open Space Area of Precinct 5 in accordance with:

The approved rehabilitation management plan, being a Detailed Rehabilitation Management Plan Precinct 5, Revision 2, Prepared by Habitat Environmental Management Pty Ltd and dated August 2015; and The approved Open Space Management Plan. b The applicant must provide to Council certification c from a qualified professional that all works/measures in the approved rehabilitation management plan:

Have been implemented on-site; and i Are properly established following a minimum ii establishment period of twelve months.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use of the premises.

47 Koala Exclusion Fencing

The applicant must install Koala Exclusion fencing along the periphery of Precinct 5 in accordance with:

The Koala Management Master Plan prepared by a Habitat and dated June 2013; and The approved Rehabilitation Management Plan for b Precinct 5.

Fencing must be located in all areas adjacent bushland and prevent the access to residential areas by Koalas.

Timing All fencing must be approved by Council and installed prior to plan sealing for Precinct 5.

OPEN SPACE

48 Transfer of open space

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

Purpose Description on Plan Plan Reference Conservation Area Conservation Area

Lot 1024 61.78ha Lot 1025(pt) 9.9551ha TOTAL 71.7351ha (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Bushland Reserve Bushland Reserve Lot 1025(pt) 5.7282ha

Proposed Reconfiguration Plan

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

51 Adopted Report

Page 52: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Lot 1025(pt) 1.0591ha Lot 1025(pt) 4,744m2 TOTAL 7.2617ha (Stage 5.5)

for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Landscape Amenity Park Park Lot 1036 680m2 (Stage 5.4)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Landscape Amenity Park Park Lot 1037 960m2 (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Waterways/Drainage Reserve

Waterways/Drainage Reserve Lot 1038 2,960m2 (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

The land identified in paragraph (a) must be b transferred in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

Council will hold the land in trust for community c infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated. The applicant must lodge the transfer documents with d Council. The transfer of the land to Council must be at no cost e to Council.

Information note:

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

lodgement of the subdivision plans for the applicable stage, or

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

52 Adopted Report

Page 53: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

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

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

49 Transfer of open space

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

Purpose Description on Plan Plan Reference Recreation Linkage Recreation Linkage

Lot 1026(pt) 1.5064ha Lot 1026(pt) 4.1676ha TOTAL 5.674ha (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

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

Information note: Necessary trunk Infrastructure - This condition is imposed in accordance with section 646 of the Sustainable Planning Act 2009.

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

lodgement of the subdivision plans for the applicable stage, or

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

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

53 Adopted Report

Page 54: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

50 Endorsement of concepts

The contents of the Open Space Management Statement (‘OSMS’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed OSMS.

Timing At all times.

51 Compliance with Approved Open Space Management Plan

The applicant must undertake all works for the area a identified as ‘public open space’, in accordance with the approved:

Open Space Management Plan Gainsborough i Greens Precinct 5 Open Space Balance Issue C prepared by Vee Design and Dated April 2015; Rehabilitation management plan for Precinct 5; ii and Any other Conditions of Approval relevant to iii the treatment of Public Open Space.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use of the premises.

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

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

Include detail of Landscape Amenity Park i referenced in Transfer Condition (non-trunk infrastructure) as “Park Stage 5.4 and 5.5; be prepared by a qualified landscape architect ii

Timing Prior to any landscape works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

54 Adopted Report

Page 55: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

or similar landscape design professional; be in general accordance with the following: iii A Approved Open Space Management Plan

(including all amendments as required by conditions of this approval); and

B Approved Rehabilitation Management Plan (including all amendments as required by conditions of this approval).

be in general accordance with the approved iv Open Space Management Plan; reflect the approved layout (including any v amendments to that layout required by these conditions) and the conditions of this approval;

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

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

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

boundaries or where underground services are located;

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

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

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

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

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

ix for all public open space areas – comply with

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

55 Adopted Report

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

the following requirements: A Compliance with Planning Scheme Policy

11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

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

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

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

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

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

Timing Compliance with (d) to occur prior to the earliest of a request for compliance assessment of the subdivision plan, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

53 ‘Pre-start’ inspection required

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

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

54 Establishment period for open space Park Lot 1024

Upon completion of the landscape works in a accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of b all living components of Park Lot 1024, to the

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

56 Adopted Report

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

satisfaction of the Chief Executive Officer, for the duration of a 5 year ‘Establishment Period’ as detail in the approved environmental management plan titled: ‘Rehabilitation Management Plan for Gainsborough Greens North West Conservation Park, 104 Swan Road, Pimpama prepared by Habitat Environment Management Trading Pty Ltd dated April 2014, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the c Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’:

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

55 Establishment period for all other areas of open space

Upon completion of the landscape works in a accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of b all living components of public open space (excluding Park Lot 1024), to the satisfaction of the Chief Executive Officer, for the duration of a twelve month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the c Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’:

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

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

57 Adopted Report

Page 58: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 56 ‘On Maintenance’ period for open space

Upon satisfactory completion of the ‘Establishment’ a period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the b Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for:

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

Timing As indicated within the wording of the condition.

57 Vehicle exclusion barriers to be provided

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

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

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

Timing At all times.

58 Preparation of maintenance management plan

A maintenance management plan (‘MMP’) for all land a identified as public open space on the plans specified in Conditions titled ‘Transfer of open space’ of this development approval must be prepared.

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

58 Adopted Report

Page 59: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

The MMP must be prepared by suitably qualified b professional. The MMP must be drafted in accordance with c Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1). The MMP must be submitted and approved in d conjunction with the Operational Works (Public Landscape) application.

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

59 Standard of works/embellishments within open space

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

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

60 As Constructed data to be submitted

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

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

61 Batters and retaining walls

All works associated with constructed batters, a retaining walls and associated works proposed for private lots(s) must be contained wholly within the private lot and be setback a minimum of 600mm from the property boundary and constructed in accordance with Section 3.2.7 (Cut/fill batters and earth retaining structures) of Council’s Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. No retaining wall structures are to be located within b public open space.

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

59 Adopted Report

Page 60: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 SEWERAGE

62 Sewer reticulation

a All lots within the development must be connected to Council’s sewer reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

c The size of the sewer property service connection for all duplex lots shall be a minimum 150mm, in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan

63 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

64 Connection point

The adjacent sewer mains within existing precinct 6 of Gainsborough Greens 150mm and the existing 225mm sewer stub connecting to the 600mm Yawalpah Road Trunk Sewer, must be used as the connection point, generally in accordance with Preliminary Sewer Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group, unless otherwise approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

65 Non-trunk infrastructure

A 225mm sewer main shall be constructed from a stage 5.2, through stage 5.1 to the existing 225mm stub from the Yawalpah Road Trunk Sewer. Sewer reticulation shall be constructed from the b nominated connection points to service each lot, generally in accordance with Preliminary Sewer Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group.

Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

66 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works

Timing Prior to works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

60 Adopted Report

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

(including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

67 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

68 Completion of external sewer connections

All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

69 Public utility sewer easements to be provided

Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

Easement widths must comply with the requirements a specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings for infrastructure. The applicant must provide to Council a certification b from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the c satisfaction of Council’s Chief Executive Officer. Easement plans and associated documents must be d duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 e document shall refer to Registered Standard Terms Document No. 707918364.

Timing The terms of the easement shall be executed prior to compliance assessment of the Reconfiguring of a Lot plan.

70 Sewer reticulation schematic plan

The applicant must submit to Gold Coast Water an a amended sewer reticulation schematic plan for the proposed development that:

Is consistent with the Preliminary Sewer i

Timing Approval of the sewer reticulation schematic plan to occur prior to making any development

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

61 Adopted Report

Page 62: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group. Demonstrates how the development is to be ii connected to Council’s sewer network; Makes allowance for any external catchments iii that may drain through the subject site; and Includes a direct gravity connection to the iv existing sewer main.

application for operational work (works for infrastructure).

WATER SUPPLY RETICULATION

71 Water supply reticulation (potable only) a All lots within the development must be connected to

Council’s potable water reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s potable water reticulation system.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

72 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

73 Connection point The existing water mains adjoining the development site must be used as the potable water connection points, generally in accordance with preliminary Water Reticulation Layout Plan 14-234-ROL-13A and 14A, unless otherwise approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

74 Non-trunk infrastructure Water reticulation shall be extended from the nominated connection points to service each lot, generally in accordance with preliminary Water Reticulation Layout Plan 14-234-ROL-13A and 14A. Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

75 Installation of property service, water meter box and meter The applicant must: a Make application to Gold Coast Water for Gold Coast

Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

62 Adopted Report

Page 63: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

meter box and meter installation. i. The property service, water meter box and

water meter shall be provided, at the boundary of each lot, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

b Make an application for GCW to remove any redundant water meters and/or services, at the applicant's cost.

76 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the water infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

77 Connections and disconnections – arrangements with Gold Coast Water All connections and disconnections to the existing water network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

78 Completion of external connections

All external water connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

79 Supply standard

The applicant must provide water supply to the standard specified in Council’s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing At all times.

80 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration. Timing At all times.

ADVISORY NOTES TO APPLICANT

A Referral agencies

The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in their referral agency response attached to this decision notice.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Referral agency Address Jurisdiction Department of Infrastructure, Local Government and Planning

PO Box 3290, Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State transport infrastructure

B Rights of appeal

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

C Applicant responsibilities

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

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

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

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

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

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

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued)DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

D Indigenous cultural heritage legislation and duty of care requirement

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

E Greenhouse gas emissions

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

F Infrastructure charges

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

Author: Authorised by:

Sheena Phillips Dyan Currie Senior Planning Officer Director Planning and Environment City Development Branch

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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Page 66: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0419.001 moved Cr Gates seconded Cr Caldwell That Council resolves as follows:

Real property description Lot 2 on RP803861, Lot 1 on SP270647, Lot 804 on SP270725, Lot 1023 on SP270675 and Lot 1 on SP270679

Address of property 104 Swan Road, Pimpama Area of property 38.88ha Decision type Development Permit for a Material Change of Use for

Detached Dwellings and Attached Dwellings Medium Density Detached Dwellings in accordance with the Precinct 5.2-5.5 Building Controls (Maximum 241 Dwellings); and Development Permit for Reconfiguring a Lot to create 236 Freehold Lots, 4 Balance Lots, Access Easement, New Road and Park

Further development permits Building Works, Plumbing and Drainage, Vehicle Crossover, Operational Works

Further compliance permits N/A Compliance assessment required for documents or works

Survey Plan

PART A: MATERIAL CHANGE OF USE

NATURE OF DECISION

A Council approves the issue of a development permit for Material Change of Use for Detached Dwellings and Attached Dwellings in accordance with the ‘Precinct 5.2-5.5 Building Controls’ (maximum 241 Dwellings), subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev Title Date Prepared by - Ver.1.1 Gainsborough Greens

Precinct 5.2-5.5 Building Controls

September 2015

Cardno HRP

BRJD4595.005-090 Sheets 1 & 2

V Lot Typology for Precincts 5.2-5.5 Gainsborough Greens

18/01/2016 Land Partners

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

showing the following amendments: i Lots 831, 844, 1266, 1277, 1301, 1309 and Lot 1313 are to be amended to

have a frontage width equal to or greater than 12 metres. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to: i Compliance assessment of the subdivision plan.

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

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

Timing At all times.

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

AMENITY

5 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.

Timing At all times.

6 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.

Timing At all times.

7 Roof to be non-reflective - Amenity The roof of buildings and structures must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.

Timing At all times.

VEHICULAR CROSSINGS AND DRIVEWAYS

8 Domestic (Residential) driveways – gradients and geometry a Driveways within domestic (residential) lots must

comply with the requirements of AS2890.1:2004 Parking facilities Part 1: Off-street car parking (as relevant to domestic driveways), including the following gradient requirements. i Gradients must not exceed 1 in 4 (25%). ii Appropriate grade transitions shall be provided

for any change in grade larger than 1:8 (12.5%) for a summit (crest) or 1:6.7 (15%) for a sag. The grade transitions shall be a minimum of 2.0 metres in length.

b Where the gradient of driveway/s exceeds 12.5%, safe pedestrian access facilities must be provided to Council’s satisfaction (eg. handrails, steps and/or cleats).

c The section of driveway across the verge (referred to in Council’s Land Development Guidelines as the ‘Vehicular Crossing’) must comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and requires a Vehicular Crossing licence (VXO) from Council prior to construction.

Timing At the time of driveway construction and then maintained at all times.

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

reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the

Timing Prior to commencement of the use on the site.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-302 Vehicular crossing low density

residential, and 05-02-303 Vehicular crossing low density residential requirements.

b The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s.

c The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

10 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with

Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works;

iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer.

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

BUSHFIRE MANAGEMENT

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

with the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for Proposed stages 5.2 – 5.5 of Gainsborough Greens Estate Yawalpah Road Pimpama, A 165322, dated 14/05/2015, prepared by Bushland Protection Systems Pty Ltd.

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

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

Timing As indicated within the wording of the condition.

12 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

13 Bushfire management information for new purchasers The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new, so that each resident is informed about: a The requirement for the approved BMP to be complied

with at all times for the life of the development and the use of the premises;

b The potential bushfire hazard on the site; c Their responsibility for fire management; and d The measures available for ongoing fire hazard

mitigation.

Timing Prior to the transfer or sale of property.

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

Timing At all times.

15 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross

Timing Prior to the use commencing and then maintained at all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

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

Timing At all times.

17 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.

Timing At all times.

Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners. Information note: • Where the bushfire management plan (BMP) has triggered the requirements of

AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the applicable performance criteria.

• QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

LANDSCAPE WORKS ON PRIVATE LAND

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

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

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

or similar landscape design professional; ii Reflect the approved layout and the conditions of

this approval; and

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the commencement of use in relation to the individual attached dwellings.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

iii Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual.

PLUMBING AND DRAINAGE

19 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

20 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property, without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

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

SEWERAGE

21 Sewer reticulation The development must be connected to Council’s sewer reticulation system at no cost to Council.

Timing Prior to commencement of the use of the premises.

22 No building work over or within Council easements and minimum distance from Council infrastructure a No building work is permitted over or within any

Council public utility easements. b All proposed buildings and structures must be located

a minimum distance of 1.5 metres from Council infrastructure.

Timing At all times during works and then maintained.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

WATER SUPPLY RETICULATION

23 Water supply reticulation (potable only) a The development must be connected to Council’s

potable water supply system at no cost to Council. b In the case of duplex sites, each dwelling within the

duplex shall be separately connected, at no cost to Council.

Timing Prior to commencement of the use of the premises

PART B: RECONFIGURING A LOT

NATURE OF DECISION

A Council approves the issue of a development permit for reconfiguring a lot for 236 Freehold Lots, 4 Balance Lots, Access Easement, Road and Park subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev Title Date Prepared by BRJD4595.005-093 Sheets 1 - 4

V Proposed Reconfiguration Plan for Balance Area of Precinct 5

18/01/2016

Land Partners

showing the following amendments: i Lots 831, 844, 1266, 1277, 1301, 1309 and Lot 1313 are to be amended to

have a frontage width equal to or greater than 12 metres. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to: i Compliance assessment of the subdivision plan.

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

2 Changes requiring further approval Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required. Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

ROADS

5 Roadworks: Residential collector streets Design and construct Road 1, Road 3 and Road 4 (from Road 3 to Road 5) to a ‘Residential Collector Street’ classification. These roads must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

6 Roadworks: Residential access streets a Design and construct Roads 2, 2A, 4 (north of Road

5), 5, 6, 7 and the road adjacent lots 1290 to 1292 (to the eastern end of lot 1292) to a ‘Residential Access Street’ classification. The road/s must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve.

b The end of the residential access street adjacent lot 1292 is to be designed and constructed to provide suitable practical access to the existing driveway within Easement A on RP44202 (access to lot 2 on

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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Page 75: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

SP261925). Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

7 Roadworks: Access lanes Design and construct Access Lane/s (short stub roads) adjacent to lots 895 to 897 to a ‘Residential Access Street’ classification for pavement depth and gradient purposes, and in compliance with the following: a The Access Lane/s must have a 5.5m wide pavement

on 12.5m (minimum) reserve; b A maximum of three dwellings are permitted to

access and have frontage to Access Lane/s; c Where the Access Lane is designed with kerb and

channel and flexible pavement, it must have a threshold treatment at the intersection and maximum 3m radius kerb returns. Alternatively, where the Access lane is designed to have the appearance of a driveway (i.e. with a standard crossover and no kerb returns), it must have a concrete pavement designed and constructed in accordance with section 12 Guide to Pavement Technology Part 2: Pavement Structural Design (Austroads 2008), and have a minimum base thickness of concrete of 150mm; and

d Where the Access Lane is constructed with a concrete pavement, the applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) that the concrete pavement works have been designed and constructed in accordance with the requirements of this condition.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

8 Roadworks: Cul-de-sac heads a Design and construct the cul-de-sac head (turning

area) adjacent lot 1378 to a Residential Access Street classification for pavement depth purposes.

b The cul-de-sac head/s must have a 10 metre kerb radius.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 9 Roadworks: Line-marking and signage

a All line-marking (including centreline and edge lines) and signage shall be undertaken in accordance with the details contained on the relevant Council standard drawings and the latest version of the Queensland Manual of Uniform Traffic Control Devices (MUTCD).

b A line-marking and signage plan must be submitted with and form part of the operational works drawings for the roadworks.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

10 Kerb and channel profile All roads are required to have ‘barrier’ kerb and channel (k&c). Roll-top kerb and channel and edge restraints are generally no longer acceptable. The only exception to barrier kerb and channel is in laneways where centre of road drainage is proposed.

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

11 Kerb return radius Kerb returns at all standard residential access and collector street intersections are required to have a 6 metre maximum radius.

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

12 Road names to be submitted for new public roads a The applicant must submit to Council for approval, on

a road hierarchy plan, specific road names and designations for all proposed public roads within the site. Proposed road names must not conflict with existing road names in the general area.

b Where an existing road is proposed to be extended, the extension is required to have the same road name as the existing road.

c All engineering drawings submitted with any development application for operational work (works for infrastructure) must display the approved street names.

Timing The plan must be submitted and approved prior to the making of any development application for operational work (works for infrastructure).

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

TRAFFIC SIGNALS

13 Traffic signals

Design and construct traffic signals at the intersection of Swan Road and Yawalpah Road, to the satisfaction of the Chief Executive Officer. An operational works application is to be submitted to Council for approval of these works. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing Prior to the commencement of the use of stage 5.2.

FOOTPATHS AND BIKEWAYS

14 Footpaths The applicant must design and construct concrete footpaths as follows: i 1.5 metre wide paths in the locations as generally

shown green on plan SK01 revision B dated 01/09/2015 by VEE Design.

ii 2.5 metre wide path (The Greenway) in the location as generally shown red on plan SK01 revision B dated 01/09/2015 by VEE Design. a The applicant must apply for and obtain a

development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

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

Timing Prior to the earlier of Council’s compliance assessment of the subdivision plans or commencement of the use.

SURVEY MARKS

15 Permanent Survey Marks Permanent Survey Marks, levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA94) to 4th order accuracy or better must be placed on the land at locations approved by the Chief Executive Officer or in accordance with guidelines adopted by Council. The applicant is to provide written confirmation that this has been achieved at the time of requesting compliance assessment of the subdivision plan.

Timing Prior to a request for compliance assessment of the subdivision plan.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 16 Connection to Permanent Survey Marks

All lots are to be connected to Permanent Survey Marks (PSMs) in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and Council’s Standard Electronic Format for As Constructed Data, June 2006. The connections of the lots to the PSMs and the coordinates of the PSMs must be shown on the face of the subdivision plan/s when giving such plan/s to Council for compliance assessment.

Timing At the time of lodgement of subdivision plan/s to Council for compliance assessment.

ELECTRICAL RETICULATION

17 Electricity supply a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed residential lots.

b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected.

c Any existing overhead electricity lines up to and including 11kV lines within the site (i.e. within stages 5.2 to 5.5 but excluding park lots 1024 and 1025 and balance lots) must be removed or placed underground.

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

STREET LIGHTING

18 Street lighting - design and installation a The applicant must design and install a street lighting

system (including connections and energising) to all roads within and bounding the subdivision and to all footpaths/bikeways within park and road reserves associated with the subdivision, at no cost to Council.

b The design and construction of the street lighting system must: i Be in accordance with Section 3.7 and Section

6.15.1 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Meet the relevant requirements of the electricity supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and

iii Be acceptable to the electricity supplier (eg. ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters).

Timing Prior to compliance assessment of the subdivision plan.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 19 Operational work (works for infrastructure) application

required The applicant must apply to Council for approval of the street lighting, by making a development application for operational work (works for infrastructure), that must be: a Accompanied by street lighting and electrical

reticulation drawings; and b Made at the same time that development approval is

applied for other aspects of works for infrastructure, so as to demonstrate that that services (including pillars) do not conflict.

Timing Prior to any other approval being given for operational works (works for infrastructure).

TELECOMMUNICATIONS

20 Telecommunications – Reconfiguring a lot The applicant must: a Provide underground telecommunications to all

proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).

b Size the pit and pipe infrastructure so as to cater for future installation of fibre optic cables.

c Remove and place underground existing overhead telecommunications cables within the site.

d Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra or NBN Co standards).

e Provide separate certifications for each individual stage within a multi-stage development.

Information note: For sites comprising 100 dwelling/lots or more, underground fibre optic cabling must be installed by NBN Co or an alternative carrier.

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

WORKS – COMPLIANCE AND COMPLETION

21 Compliance assessment of subdivision plan before completion of all works In the event the applicant seeks the issue of a compliance certificate for the subdivision plan under section 407 of the Sustainable Planning Act 2009 before all conditions have been complied with and, if Council, in its absolute discretion, agrees to the request the applicant must, before the compliance certificate is issued:

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

a Give security to Council in the amount and form required by Section 11 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and enter into a uncompleted works bond agreement with Council; and

b Provide the following ‘Preliminary As Constructed’ data for the constructed sewerage and stormwater infrastructure works that will come under Council’s ownership as contributed assets, certified by a Registered Professional Engineer of Queensland (RPEQ), in both hard copy and digital format in accordance with Council’s Standard Electronic Format For As Constructed Data: i A completed As Constructed Data Submission

Form available on Council’s website (Tracks document #18557146);

ii A Services Location Plan complying with the requirements of Council’s Standard Electronic Format For As Constructed Data but also including the following additional information; A Location of sewerage house connections

determined by offsets from allotment boundaries;

B Location of As Constructed and/or proposed stormwater structures and lines in private property, showing easements (eg. Property pits, field inlets, headwalls, stormwater pipework etc);

C Allotment numbers; and D The GCCC file reference PN# and any

operational work approval numbers. 22 Compliance with Land Development Guidelines and

operational work development permits Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must: a Be designed, constructed and maintained in

accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

b In the case of assessable development, be approved by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and

c Where any Standard and/or Specification and/or

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Specification, Code or Document is to take precedence.

23 Staged subdivision The stages as shown on ‘Proposed Reconfiguration Plan for Balance Area of Precinct 5’ BRJD4595.005-093 (Sheets 1 to 4) rev V dated 18/01/2016 by Land Partners are approved for the purposes of construction (subject to operational work approval) and compliance assessment of subdivision plans, subject to the following requirements: a The Operational Works application can cover more

than one stage; however the engineering plans must be split into the individual stages shown on the approved staging plan.

b The construction of any approved operational works (including provision of “as constructed” information) and compliance assessment of subdivision plans must be in the sequence (i.e. order) of the stages shown on the approved staging plan. To be clear, the subdivision plan for stage 1 must be approved by Council before (or at the same time as) the stage 2 subdivision plan, and so on.

c Subdivision plans must correspond to the stages as shown on the approved staging plan.

d Any subsequent proposed amendments to the stage boundaries or the sequence of development must be first approved by Council as a change to the reconfiguration of a lot development approval and any operational work development approval.

Timing As indicated within the wording of the condition.

GEOTECHNICAL

24 Certification of retaining structures long-term factor of safety The applicant must submit to Council: a Prior to commencement of any bulk earthworks on-site,

certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that all retaining structures associated with the proposed development have been adequately designed based on existing geotechnical conditions of the site taking into account all predicted surcharge loadings; and they will achieve a long-term factor of safety greater than or equal to 1.5 against

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

geotechnical failure. b Prior to compliance assessment of the subdivision plan,

certification from a RPEQ specialising in geotechnical engineering confirming that all constructed retaining structures on site have achieved adequate stability with a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

25 Retaining structures – design and construction a Retaining structures and associated footings must be

designed and constructed in accordance with AS 4678 – 2002 Earth-retaining structures.

b Retaining structures and associated footings must comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to: i Section 3.2.7 (Cut/fill batters and earth retaining

structures); and ii Section 7.7 (Building near or over Council water,

sewer and/or stormwater services). c Retaining structures adjoining roads, car parking areas

or other structures must be designed and constructed to take surcharge loadings. Design drawings must indicate the point of discharge for surface stormwater and subsoil drainage that is collected behind the retaining structures.

d Retaining structures proposed within private lots must not encroach onto existing or proposed road reserves, public open spaces or easements. The structures (including associated footings) are to be located within the subject site/lots and are to be founded such that any excavation by Council or service authorities up to the boundary will not result in additional expense, safety measures or rectification being necessary to perform such works.

e Retaining structures must be made of durable materials not subject to rot and insect attack and have a minimum design life of 60 years.

Timing At all times.

26 Compliance with Australian Standard a All earthworks must be carried out in accordance with

AS 3798-2007: Guidelines on earthworks for commercial and residential developments.

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

c Fill materials must be placed in layers, watered if required and compacted to achieve the specified

Timing At all times while earthworks are occurring on-site.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

density ratio as specified in Table 5.1 - Minimum Relative Compaction of AS 3798-2007.

HYDRAULICS

27 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site except

what has been identified in the approved hydraulic report, being “Actionable Damage Report, Issue 9a (Project No QE020093, Document Not: QE020093-ADR-v9a)”, dated 21 July 2015 prepared by Burchills Engineering Solutions Pty Ltd; and

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

Timing At all times.

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

Timing At all times.

29 Certification of earthworks compliance with hydraulic report The applicant must submit to Council a certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the bulk earthworks for Stages 5.2 to 5.5 generally comply with the approved hydraulic report, being “Actionable Damage Report, Issue 9a (Project No QE020093, Document Not: QE020093-ADR-v9a)”, dated 21 July 2015 prepared by Burchills Engineering Solutions Pty Ltd, and do not cause flood storage loss except what has been accepted in the approved report. The certification must be accompanied by calculations and as constructed data that includes existing and proposed triangulated surface meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS.

Timing The certification must be submitted to Council immediately after completion of the bulk earthworks.

STORMWATER AND WATER QUALITY

30 Stormwater management plan to be complied with a The applicant must submit certification from a

Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management

Timing a. The certification

must be submitted prior to compliance assessment of the subdivision plan or

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

strategy being “Re: Gainsborough Greens Precinct 5.2-5.5 ROL – Stormwater Quality Management Strategy (applicant’s ref: projects/4234)” dated 7 May 2015 prepared by DesignFlow Pty Ltd.

b Should the proposed works proceed prior to the wetland systems proposed in the above stormwater management strategy is constructed and functional, the applicant must provide interim stormwater management measures within the subject site and demonstrate that the interim measures can achieve Council’s pollutant load reduction targets. Such interim system must be designed in accordance with Council’s Land Development Guidelines.

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

'On Maintenance' (whichever occurs first), or if no subdivision plan is required, prior to the commencement of the use of the premises.

b. Prior to commencement of work on site

31 SQIDs engineering design drawings and supporting information a The applicant must submit to Council detailed

engineering design drawings and supporting information for all stormwater quality improvement devices (eg. grassed swales, wetlands, gross pollutant traps, bio-retention basins, etc) identified in the approved stormwater management plan (as amended by Council).

b Construction protection measures for the stormwater quality improvement devices are to be defined within the detailed engineering drawings (eg. geo fabric and grassed turf must be placed over the bio-retention device during the construction phase) in accordance with section 13.6.5 of Council’s Water Sensitive Urban Design Guidelines (2007).

c The engineering design drawings and supporting information are to be prepared in accordance with the Council’s Planning Scheme Policy 11 – Land Development Guidelines.

d The applicant must submit the drawings and information at the same time and together with a development application for operational work (works for infrastructure). This information must be provided within the bulk earthworks diagram if the filter media is to be placed within the device prior to commencing civil works on-site.

Timing At the time of lodgement of a development application for operational work (works for infrastructure).

32 Certification that engineering drawings reflect stormwater management treatment train The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ)

Timing At the time of lodgement of any development application for

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

specialising in stormwater that the submitted engineering drawings accurately reflect the stormwater management treatment train contained within the approved stormwater management plan.

operational work (works for infrastructure).

33 Certification that stormwater management treatment train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use.

34 Public utility (stormwater) easements to be provided Public utility (stormwater) easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council stormwater infrastructure located in private land. Such easements must meet the following requirements: a Easement widths must comply with the requirements

specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings for stormwater infrastructure.

b Notwithstanding the easement width requirements specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, a 400 mm minimum horizontal clearance is required between infrastructure of differing types.

c The applicant must provide to Council a certification from the surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

d The terms of such easements shall be to the satisfaction of the Chief Executive Officer.

e Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

f When registering the easements, the Form 9 document shall refer to the Registered Document No. 707918364.

Timing The terms of the easement shall be executed prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of the premises.

35 ‘On Maintenance’ period for stormwater treatment devices a The applicant is responsible for a 12-month ‘On

Maintenance’ period for all stormwater treatment devices (except for the bio-retention basin, which is subject to a 24-month ‘On Maintenance’ period) in accordance with Council’s Water Sensitive Urban

Timing Prior to Council accepting the treatment devices ‘On Maintenance’.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Design Guidelines (2007). During the ‘On Maintenance’ period, the applicant, and not Council, is responsible and liable for: i Maintaining stormwater treatment devices; ii Rectifying any defects and any damage that

occurs, unless the damage is directly attributable to Council activities; and

iii Undertaking water quality monitoring and submitting the results to Council, monthly, for assessment.

b All works must be completed in accordance with the approved stormwater management plan at no cost to Council and to the satisfaction of the Chief Executive Officer.

c Bioretention devices will not be accepted as ‘On Maintenance’ until at least 80% of the contributing internal catchments have been completed and stabilised.

EROSION AND SEDIMENT CONTROL

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

designed, implemented and maintained in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

d To minimise unvegetated areas: i Construction activities must be staged; ii Filled areas must be turfed or seeded immediately

on completion; and iii No area should remain exposed (unvegetated) for

more than 2 weeks unless construction work is being undertaken on that area.

e Immediately after completion of the construction of an open drain: i The open drain must be turfed, unless approved

otherwise in a Council approved stormwater management plan; and

ii A turf strip must be placed at 90 degrees to the invert every 10 metres to prevent scouring along

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

the turf edge. Reinforced turf must be used where invert grades exceed 5%.

f Immediately after backfilling behind all kerbing: i A turf strip 1 metre wide must be placed behind all

kerbing; and ii A turf strip must be placed at 90 degrees to the

kerb every 10 metres to prevent scouring along the turf edge,

in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

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

i Water quality must be monitored generally in accordance with the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. The monitoring must be carried out after any rain event equal to or greater than 15mm in a 24 hours period. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

37 Construction of sediment basin a The sediment basin(s) proposed for the construction

phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). The basin design must be responsive to the high risk nature of the

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

subject site. b Each sediment basin must have the capacity to treat

flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered within 5 days after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways must be designed and constructed to be structurally sound for a 20 year ARI rainfall event under normal circumstances.

e A high-flow bypass system must be included (if necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed within two months and disposed of appropriately without causing water contamination.

level).

38 Inspections and reporting a All erosion and sediment control measures must be

inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council.

b All drainage control structures such as diversion banks, diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following: i Details of the nature and cause of non-

conformance; and ii Details of the required corrective actions. Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

d A monthly summary of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

inspectors upon request. This report must include but not limited to the following: i Filled in ESC inspection checklist of Best Practice

Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008);

ii Description of any incidents of non-conformance and corrective actions;

iii Results of corrective actions; and iv Revisions to the Erosion and Sediment Control

Plan (ESCP).

BUSHFIRE MANAGEMENT

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

the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for Proposed stages 5.2 – 5.5 of Gainsborough Greens Estate Yawalpah Road Pimpama, A 165322, dated 14/05/2015, prepared by Bushland Protection Systems Pty Ltd.

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

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

Timing As indicated within the wording of the condition.

40 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

41 Bushfire management information for new purchasers The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new, so that each resident is informed about: a The requirement for the approved BMP to be complied

with at all times for the life of the development and the use of the premises;

b The potential bushfire hazard on the site; c Their responsibility for fire management; and d The measures available for ongoing fire hazard

mitigation.

Timing Prior to the transfer or sale of property.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 42 Road design to provide access for fire fighters

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

Timing At all times.

43 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

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

Timing At all times.

45 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.

Timing At all times.

Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners. Information note: • Where the bushfire management plan (BMP) has triggered the requirements of

AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the applicable performance criteria.

• QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

REHABILITATION

46 Rehabilitation completion and certification The applicant must undertake the rehabilitation/revegetation works for the Public Open Space Area of Precinct 5 in accordance with:

Timing Prior to the earlier of compliance assessment of the subdivision plan

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

a The approved rehabilitation management plan, being Detailed Rehabilitation Management Plan Precinct 5, Revision 2, Prepared by Habitat Environmental Management Pty Ltd and dated August 2015; and

b The approved Open Space Management Plan. c The applicant must provide to Council certification

from a qualified professional that all works/measures in the approved rehabilitation management plan: i Have been implemented on-site; and ii Are properly established following a minimum

establishment period of twelve months.

or the commencement of the use of the premises.

47 Koala Exclusion Fencing The applicant must install Koala Exclusion fencing along the periphery of Precinct 5 in accordance with: a The Koala Management Master Plan prepared by

Habitat and dated June 2013; and b The approved Rehabilitation Management Plan for

Precinct 5. Fencing must be located in all areas adjacent bushland and prevent the access to residential areas by Koalas.

Timing All fencing must be approved by Council and installed prior to plan sealing for Precinct 5.

OPEN SPACE

48 Transfer of open space a The applicant must transfer to Council the areas of public open space listed

below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference Conservation Area Conservation Area

Lot 1024 61.78ha Lot 1025(pt) 9.9551ha TOTAL 71.7351ha (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Bushland Reserve Bushland Reserve Lot 1025(pt) 5.7282ha Lot 1025(pt) 1.0591ha Lot 1025(pt) 4,744m2 TOTAL 7.2617ha (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Landscape Amenity Park Park Lot 1036 680m2 (Stage 5.4)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Landscape Amenity Park Park Lot 1037 960m2 (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

Waterways/Drainage Reserve

Waterways/Drainage Reserve Lot 1038 2,960m2 (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

b The land identified in paragraph (a) must be transferred in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated.

d The applicant must lodge the transfer documents with Council.

e The transfer of the land to Council must be at no cost to Council.

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

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

lodgement of the subdivision plans for the applicable stage, or

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

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

49 Transfer of open space a The applicant must transfer to Council the areas of public open space listed

below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference Recreation Linkage Recreation Linkage

Lot 1026(pt) 1.5064ha Lot 1026(pt) 4.1676ha TOTAL 5.674ha (Stage 5.5)

Proposed Reconfiguration Plan for Balance Area of Precinct 5, Plan No. BRJD4595.005-093, Rev V, dated 18/01/2016, prepared by Land Partners

b The land identified in paragraph (a) must be transferred in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated.

d The applicant must lodge the transfer documents with Council.

e The transfer of the land to Council must be at no cost to Council.

Information note: Necessary trunk Infrastructure - This condition is imposed in accordance with section 646 of the Sustainable Planning Act 2009.

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

lodgement of the subdivision plans for the applicable stage, or

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

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 50 Endorsement of concepts

The contents of the Open Space Management Statement (‘OSMS’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed OSMS.

Timing At all times.

51 Compliance with Approved Open Space Management Plan a The applicant must undertake all works for the area

identified as ‘public open space’, in accordance with the approved: i Open Space Management Plan Gainsborough

Greens Precinct 5 Open Space Balance Issue C prepared by Vee Design and Dated April 2015;

ii Rehabilitation management plan for Precinct 5; and

iii Any other Conditions of Approval relevant to the treatment of Public Open Space.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use of the premises.

52 Detailed landscape plans for public open space to be submitted for approval a The applicant must submit to Council for approval

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

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

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

referenced in Transfer Condition (non-trunk infrastructure) as “Park Stage 5.4 and 5.5;

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

iii be in general accordance with the following: A Approved Open Space Management Plan

(including all amendments as required by conditions of this approval); and

B Approved Rehabilitation Management Plan (including all amendments as required by conditions of this approval).

Timing Prior to any landscape works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

iv be in general accordance with the approved Open Space Management Plan;

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

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

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

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

boundaries or where underground services are located;

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

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

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

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

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

ix for all public open space areas – comply with the following requirements: A Compliance with Planning Scheme Policy

11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

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

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

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

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

Timing Compliance with (d) to occur prior to the earliest of a request for compliance assessment of the subdivision plan, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

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

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

54 Establishment period for open space Park Lot 1024 a Upon completion of the landscape works in

accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of Park Lot 1024, to the satisfaction of the Chief Executive Officer, for the duration of a 5 year ‘Establishment Period’ as detail in the approved environmental management plan titled: ‘Rehabilitation Management Plan for Gainsborough Greens North West Conservation Park, 104 Swan Road, Pimpama prepared by Habitat Environment Management Trading Pty Ltd dated April 2014, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

11 – Land Development Guidelines, Standard Specifications and Drawings.

c Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard

workmanship; ii replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii maintain all components and their environs. 55 Establishment period for all other areas of open space

a Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space (excluding Park Lot 1024), to the satisfaction of the Chief Executive Officer, for the duration of a twelve month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard

workmanship; ii replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii maintain all components and their environs.

Timing As indicated within the wording of the condition.

56 ‘On Maintenance’ period for open space a Upon satisfactory completion of the ‘Establishment’

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

b Without limiting the obligations under section 6 of the

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage

that occurs, unless the damage is directly attributable to Council activities.

57 Vehicle exclusion barriers to be provided a All public open space to be transferred to Council,

including pump stations, easements and road verge setbacks, must be: i bordered by vehicle exclusion barriers; and, ii where necessary, fitted with a standard park

access gate which must be fitted with an anti-vandal box in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. To restrict unauthorised vehicle access.

iii Within natural areas and where a vehicle will face downhill towards a gate, for safety reasons the anti-vandal box must be located on the driver's side of the gate (optional).

b These vehicle exclusion barriers must be installed on the park boundary and where possible within mulched, edged garden beds/planting areas to reduce maintenance in and around the barriers.

c Low growing planting areas and/or soft-scaping features do not constitute vehicle exclusion devices.

Timing At all times.

58 Preparation of maintenance management plan a A maintenance management plan (‘MMP’) for all land

identified as public open space on the plans specified in Conditions titled ‘Transfer of open space’ of this development approval must be prepared.

b The MMP must be prepared by suitably qualified professional.

c The MMP must be drafted in accordance with Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

d The MMP must be submitted and approved in conjunction with the Operational Works (Public Landscape) application.

Timing As indicated within the wording of the condition.

Advisory Note: The MMP is a separate application to be assessed alongside the Operational Works (Public Landscape) application. Submission of the MMP requires the applicant to fill out and submit

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 an application form. A link to the MMP application form can be found on the following City of Gold Coast link; http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf. Failure to submit this form with the MMP application will result in a not properly made application and or additional charges. 59 Standard of works/embellishments within open space

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

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

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

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

61 Batters and retaining walls a All works associated with constructed batters,

retaining walls and associated works proposed for private lots(s) must be contained wholly within the private lot and be setback a minimum of 600mm from the property boundary and constructed in accordance with Section 3.2.7 (Cut/fill batters and earth retaining structures) of Council’s Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b No retaining wall structures are to be located within public open space.

Timing At all times.

SEWERAGE

62 Sewer reticulation a All lots within the development must be connected to

Council’s sewer reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

c The size of the sewer property service connection for all duplex lots shall be a minimum 150mm, in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 63 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

64 Connection point The adjacent sewer mains within existing precinct 6 of Gainsborough Greens 150mm and the existing 225mm sewer stub connecting to the 600mm Yawalpah Road Trunk Sewer, must be used as the connection point, generally in accordance with Preliminary Sewer Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group, unless otherwise approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

65 Non-trunk infrastructure a A 225mm sewer main shall be constructed from stage

5.2, through stage 5.1 to the existing 225mm stub from the Yawalpah Road Trunk Sewer.

b Sewer reticulation shall be constructed from the nominated connection points to service each lot, generally in accordance with Preliminary Sewer Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group.

Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

66 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

67 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

68 Completion of external sewer connections All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works)

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

must be completed in accordance with engineering plans approved by Council.

plan.

69 Public utility sewer easements to be provided Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements: a Easement widths must comply with the requirements

specified in Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings for infrastructure.

b The applicant must provide to Council a certification from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

c The terms of such easements shall be to the satisfaction of Council’s Chief Executive Officer.

d Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

e When registering the easements, the Form 9 document shall refer to Registered Standard Terms Document No. 707918364.

Timing The terms of the easement shall be executed prior to compliance assessment of the Reconfiguring of a Lot plan.

70 Sewer reticulation schematic plan a The applicant must submit to Gold Coast Water an

amended sewer reticulation schematic plan for the proposed development that: i Is consistent with the Preliminary Sewer

Reticulation Layout Plan 14-234-ROL-11A and 12A by KN Group.

ii Demonstrates how the development is to be connected to Council’s sewer network;

iii Makes allowance for any external catchments that may drain through the subject site; and

iv Includes a direct gravity connection to the existing sewer main.

Timing Approval of the sewer reticulation schematic plan to occur prior to making any development application for operational work (works for infrastructure).

WATER SUPPLY RETICULATION

71 Water supply reticulation (potable only) a All lots within the development must be connected to

Council’s potable water reticulation system at no cost to Council.

b The applicant is responsible for any external works

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

necessary to connect to Council’s potable water reticulation system.

plan.

72 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

73 Connection point The existing water mains adjoining the development site must be used as the potable water connection points, generally in accordance with preliminary Water Reticulation Layout Plan 14-234-ROL-13A and 14A, unless otherwise approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

74 Non-trunk infrastructure Water reticulation shall be extended from the nominated connection points to service each lot, generally in accordance with preliminary Water Reticulation Layout Plan 14-234-ROL-13A and 14A. Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

75 Installation of property service, water meter box and meter The applicant must: a Make application to Gold Coast Water for Gold Coast

Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation. i The property service, water meter box and

water meter shall be provided, at the boundary of each lot, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

b Make an application for GCW to remove any redundant water meters and/or services, at the applicant's cost.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

76 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the water infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13 77 Connections and disconnections – arrangements with

Gold Coast Water All connections and disconnections to the existing water network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

78 Completion of external connections All external water connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

79 Supply standard The applicant must provide water supply to the standard specified in Council’s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing At all times.

80 Fire loading Fire loading must not exceed 15L/s for 2 hours duration.

Timing At all times.

ADVISORY NOTES TO APPLICANT

A Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in their referral agency response attached to this decision notice.

Referral agency Address Jurisdiction Department of Infrastructure, Local Government and Planning

PO Box 3290, Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State transport infrastructure

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

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

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

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

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

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

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

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

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 1 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR DETACHED, ATTACHED AND MEDIUM DENSITY DETACHED DWELLINGS AND DEVELOPMENT PERMIT FOR RECONFIGURING A LOT TO CREATE 236 FREEHOLD LOTS, 4 BALANCE LOTS, ACCESS EASEMENT, NEW ROAD AND PARK - 104 SWAN ROAD, PIMPAMA – DIVISION 1 PN165322/12/DA13

3405 3050 for further information on the responsibilities of developers under the AHCA.

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

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

CARRIED Cr P J Young voted in the negative.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

105 Adopted Report

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ATTACHMENT 1.1714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

106 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 1

Gainsborough GreensPrecinct 5.2 - 5.5 Building Controls

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

107 Adopted Report

03679
Typewritten Text
03679
Typewritten Text
ATTACHMENT 1.2 (page 1 of 27 pages)
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1.0 Introduction 5

2.0 Precinct 5.2 - 5.5 Housing Typology 8

3.0 Precinct 5.2 - 5.5 Building Controls for Detached and Attached Dwellings 9

3.1 Building Height 9

3.2 Building Setbacks 9

3.3 Built to Boundary Walls 9

3.4 Site Cover 10

3.5 Car Parking 10

3.6 Privacy 10

3.7 Service Courts 10

3.8 Private Open Space 10

3.9 Facade Treatment 11

3.10 External Wall Materials and Colours 11

3.11 Roofing Details 12

3.12 Fencing 12

3.13 Landscaping 13

Annexure A Precinct 5.2 - 5.5 Setback Tables 14

Annexure B Precinct 5.2 - 5.5 Lot Typology Plans 18

Annexure C Precinct 5.2 - 5.5 Preferred Plant Species for Private Gardens 21

Contents

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

108 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 4

Context Plan

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

109 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 5

PURPOSE

Pursuant to Condition 8 of the Section 3.1.6 Preliminary Approval, the Precinct 5.2 - 5.5 Building Controls has been prepared.

The purpose of this document is to establish a series of specific building controls relevant to the built form to be constructed within Precinct 5.2 - 5.5.

In conjunction with the approved Gainsborough Greens Master Plan and Place Code, the Precinct 5.2 - 5.5 Building Controls will act as a design and approval framework for future development.

GAINSBOROUGH GREENS MASTER PLAN

The development approved by the preliminary approval is to be completed within 15 years of the date of the Preliminary Approval taking effect.

1.0 Introduction

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

110 Adopted Report

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LEGEND

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

TOTAL

SCALE BAR

STAGE

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

LOTSNo. OF

©LANDPARTNERS 2016

REV

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC to accompany an application to GOLD COAST CITY COUNCILfor approval to reconfigure the land described in this plan and is not to beused for any other purpose or by any other person or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses (ii)or (iii) hereof.

(ii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iii) This plan may not be copied unless these notes are included.

BRJD4595.005-090

CGW

459505FD

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18/01/2016

MIRVAC

236

LOT TYPOLOGYFOR PRECINCTS 5.2-5.5

GAINSBOROUGH GREENS

GOLD COAST CITY COUNCIL

V JHD

100m

SCALE 1:2500 @ A3

050m 50

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

ADR 18/01/2016

JHD

Medium Density

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16m wide

>20m

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TOTAL

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3

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Total Area = 14.95 haTotal Developable Area = 14.43haTotal Dwellings = 241(including duplexes)Density = 16.7 dwellings/Developable Area(ha)

5.2 61

5.3 57

5.4 23

5.5 95

18/01/2016

SHEET 1 OF 2

AREA OFNEW ROADPARK AREA

TOTAL20m 16.5m 12.5m

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

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680m²

960m²

3.56ha

3.09ha

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1640m² 99.8ha

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

111 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 6

KEY URBAN DESIGN PRINCIPLES

1. Open Space Network

Throughout Precinct 5.2 - 5.5, private open space will be limited to residential lots. All remaining open space will be dedicated as either public open space or public roads.

The approved Gainsborough Greens Open Space Strategy (Gainsborough Greens OSS) defines six (6) categories of public open space proposed across the Gainsborough Greens development. Precinct 5.2 - 5.5 includes three (3) of these categories plus streetscape open space identified as an additional area of open space to be considered.

The different categories of public open space applicable to Precinct 5.2 - 5.5, include:

> Recreation Park (1,808m2)

> Recreation Linkages (58,686m2)

> Streetscapes

Recreation Park Intent

The proposed Recreation Park will be located directly at the northern end of Swan Road. This will establish a landmark at the road junction in the centre of the Precinct as well as provides a local park for residents living at the northern end of Precinct 5.2 - 5.5.

The Recreation Park will be designed to maximise recreational function within the parcel and minimise maintenance requirements by considering the following:

– meandering access path to slow pedestrians within the park and encourage interaction with the landscape;

– drought tolerant native plant species selection to avoid reliance on irrigation;

– feature street frontage to attract pedestrian attention and increase passive surveillance;

– clear sight lines to street frontage; – mid-storey planting along 1,800mm high, 50% transparent

side of lot fence to provide some privacy; and

– robust park furniture, structures and surfaces.

Recreation Linkage

The primary recreation pathway link through the whole of Gainsborough Greens is the “Greenway”.

Typically, the “Greenway” will be accommodated within a 10 metre wide “Recreation Linkage” open space corridor, through proposed “Recreation Park” open space or within proposed road reserve. The pathway will be 2.5 metres in width to facilitate pedestrian and cycle movement.

Through Precinct 5, the “Greenway” will begin at the boundary of 5.1 park, extend from the south-eastern side of 5.2 travelling in a northern direction toward Yalata Street. From Yatala Street, it will head east and continue toward Precinct 4.

A secondary path network will meet the “Greenway”path at the Yatala Street junction and continue anti-clockwise along the boundary of Precinct 5.4 and 5.5, where it will eventually link up with the path network at Precinct 6.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 7

2. Movement Network

Precinct 5.2 - 5.5 is connected into the wider Gainsborough Greens Masterplan area via Swan Road.

3. Built Form

Streets are seen not only as thoroughfares but also as public spaces. To define the scale and character of this Precinct, built form edges are essential elements of the streetscape. Within Precinct 5.2 - 5.5, a variety of built forms that frame the public realm is encouraged.

Creating active and safe public realm is important to a new urban neighbourhood, particularly in residential communities where opportunities for passive surveillance strengthen the feeling of community stewardship.

Placement of windows on the street frontage, the use of front porches and balconies and appropriate fencing are techniques that support these values.

Built form modulation further develops the streetscape, while garage setback also ensures that the garage does not become a dominant element within the streetscape.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

113 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 8

KEY SITE PLAN

This key plan is to be read in conjunction with the Lot Typology Plans provided in Annexure B of this document.

2.0 Precinct 5.2 - 5.5 Housing Typologies

Precinct 5.2 - 5.5 - Housing Typologies

(Drawing No. BRJD4595.005-090 Rev K)

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suffered howsoever arising to any person or corporation w

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714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

114 Adopted Report

Page 115: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 9

3.1 BUILDING HEIGHT

– Dwelling heights of up to three (3) storeys are permitted.

3.2 BUILDING SETBACKS

– All building setbacks for all single and two (2) storey dwelling are to be in accordance with the Precinct 5.2 - 5.5 Setback Tables included as Annexure A of this document.

– For three (3) storey dwellings, the lower two levels are to be in accordance with the building setbacks stipulated in the Precinct 5.2 - 5.5 Setback Tables. The upper level (third storey) must be set back a minimum of 2.5 metres from all side or rear boundaries. The third storey must be set back 5.5m from any street frontage

– Setbacks are to be measured to the face of the dwelling wall (or face of garage door for garages).

– Permitted encroachments are permitted within the setback zone up to within 450mm off the property boundary (except for nominated built to boundary property boundaries where encroachments may extend up to the boundary).

Permitted Encroachments:

Include eaves, awnings, sun screens, privacy screens, architectural features such as gatehouses and pergolas (where not enclosed and not more than 2.4m high when proposed at the boundary).

Garden walls, fences and other landscape features are permitted within setback zones providing individual elements are not more than 2m in height.

– No bushfire buffer setback line in Precinct 5.2 - 5.5.

– Duplex dwellings may be attached or detached.

3.3 BUILT TO BOUNDARY WALLS

– All lot boundaries that permit a built to boundary wall are shown on the Lot Typology Plans included in Annexure B of this document.

– It is not mandatory to build to boundary.

– Second storey walls of built to boundary walls must be setback a minimum of 1 metre from the property boundary.

– Built to boundary walls must not extend for more than 9 metres on the boundary without a recess for 3 metres which must be a minimum 1 metre deep.

– Built to boundary walls must not have any openings or windorws.

– Built to boundary walls must not encroach over the property boundary.

3.0 Precinct 5.2 - 5.5 Building Controls For Detached and Attached Dwellings

Precinct 5.2 - 5.5 - Typical Building Setbacks

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

115 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 10

3.4 SITE COVER

Lots 601m² or larger

A maximum coverage of 60% of the site area is permitted.

Lots 600m² or smaller

A maximum coverage of 60% of the site area is permitted and an additional 10% site cover is permitted for covered private open space.

Site coverage is to be measured to the face of the wall, except to garages which shall be measured to the face of the door. For covered private open space it shall be measured to the outer most projection of the roof structure.

Site coverage calculations are to exclude unroofed stairs and ramps, window hoods, unroofed pergolas and golf buggy parking.

3.5 CAR PARKING

Maximum two (2) car garage width i.e. additional car spaces may be provided through the use of tandem parking.

Minimum one (1) internal car space per dwelling, providing there is one (1) visitor off road car space (in driveway and wholly within the allotment).

3.6 PRIVACY

Where direct views between dwellings exist, privacy between dwellings must be achieved by one or more of the following:

– minimum 50% obscure glazing;

– 1.7 metre window sill levels;

– external screens;

– 1.8 metre high dividing fence for ground floor windows; or

– obsured glazing or film on windows to all bathrooms / WC rooms.

3.7 SERVICE COURTS

Each dwelling is to be provided with a service area. This is to accommodate all clothes drying facilities, waste bins, water tanks and air conditioning plant.

Service areas may be provided in more than one location.

Service areas must be screened from the street / laneway view.

3.8 PRIVATE OPEN SPACE

– A minimum of 25m² must be provided as private open space.

– If a Duplex dwelling, then 15m² is required per dwelling (total 30m²).

– No part of this space will be less than 3 metres in dimension.

– Private open space may be split into different areas providing the minimum area is at least 15m².

– Must be accessible from a living room, dining room or kitchen, providing these areas are located on the ground level of a multi storey dwelling.

– Part of the private open space may be roofed.

– Private open space cannot include any service courts.

– Gradients for private open space must not exceed one in ten (1:10).

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

116 Adopted Report

Page 117: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 11

3.9 FACADE TREATMENT

The building shall be designed to ensure that the presentation to any road or laneway frontage creates visual interest and is not stark or austere.

Featureless expanses of blank walls are not permitted.

Visual interest to the façade(s) may be provided through means of a combination of:

– articulation

– feature windows and doors

– variations in colours

– feature panels and blades

– proportional porticos

– balconies and verandahs

– roof forms (e.g. skillion).

– strong and legible entry.

Similar homes with similar façades will not be approved on adjoining lots.

No garden sheds, AC condenser or clothes lines can be between the façade directly facing public space (including roads) and the public space.

The frontage identified (if applicable) for the primary pedestrian access on the Lot Typology Plans in Annexure B must be treated as the primary building façade.

Garages are to be setback a minimum of 1m behind the main building form.

3.10 EXTERNAL WALL MATERIALS AND COLOURS

To give a sense of variety and interest, a mix of materials or colours must be used to all walls facing a street or park frontage.

A minimum of two colour and/or material variations must be incorporated (excluding windows, doors and garage doors).

Split-face blockwork or face brickwork may only be used as a feature.

Visual interest to the facade

Types of external wall materials and colours

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

117 Adopted Report

Page 118: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 12

3.11 ROOFING DETAILS

Roof Form

Roof pitches for traditional hip and gable roofs must be less than 40 degrees.

Skillion or mono-pitched roof profiles may also be used to embrace the natural aesthetic of the surrounding environment.

No domes, turrets or spires are allowed.

Three storey dwellings must have a skillion roof profile.

Eaves

For all single storey houses:

– a minimum of 450mm eaves must be provided to all publicly visible facades (primary street, secondary street, park, etc).

For all two / three storey houses:

– a minimum of 450mm eaves must be provided to all publicly visible facades (primary street, secondary street, park, etc) on the ground level; and

– a minimum of 450mm eaves must be provided to all

elevations on the second storey.

Exceptions to the above will only be permitted on built to boundary walls and over garage structures, so long as they are a minimum of 1m behind the primary facade.

Materials and Colours

Roofs should complement the external house colour scheme.

Organic materials, such as thatch or timber shingles, are not acceptable.

Highly reflective materials, such as unpainted or finished metal sheeting or zincalume, are not permitted.

All gutter and downpipe profiles or treatments must complement the colour scheme of the home.

3.12 FENCING

The maximum fence height shall be 1.8 metres.

All fencing generally visible from public or common property areas must be constructed of high quality materials, such as hardwood timber, and enhance the streetscape.

Where located at the top of a retaining wall facing a road frontage, the fence must be setback a minimum of 500mm and landscaped with plants between the top of the retaining wall and the base of the fence.

Specfic fencing requirements for Lot Types SS and S

Fencing of lots identified on the Lot Typology Plans (in Annexure B of this document) as Lot Types SS and S are not permitted to have the fence extend forward of the face of the primary façade.

Fencing must be setback behind the front of the building.

Fencing facing the street must be designed to enhance the streetscape and be constructed of high quality materials such as hardwood timber.

Specific fencing requirements for Lot Types C, D, PF & PFC

Fencing of lots identified on the Lot Typology Plans (in Annexure B of this document) as Lot Type C, D, PF and PFC are as follows:

Primary Frontage requirements:

– Is not permitted to have the fence extend forward of the face of the primary façade.

– Must be setback behind the front of the building.

– Must be constructed of high quality materials such as hardwood timber.

– Must enhance the streetscape.

Secondary Frontage requirements:

Fencing to secondary frontages (side) of corner lots may extend beyond the face of the secondary façade, only on the basis the fencing visible from public areas is:

– constructed of high quality materials such as hardwood timber;

– enhances the streetscape;

– does not extend for lengths greater than 10 metres without a landscaped recess 3 metres in length and 1 metre deep; and

– solid up to a height of 1.2m with any fencing above 1.2m in height being at least 50% transparent or the fence can be at least 25% transparent overall where the transparency is consistent across the full area of the fence i.e. transparent sections cannot be located solely at ground level.

Park Frontage requirements (if applicable):

Fencing to park frontages must be:

– constructed of high quality materials such as hardwood timber;

– enhances casual surveillance;

– does not extend for lengths greater than 10 metres without a landscaped recess 3 metres in length and 1 metre deep;

Hipped roof line

Skillon roof line

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

118 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 13

– up to a height of 1.8m;

– at least 50% transparent; and

– where there is any existing fencing along the park frontage constructed during subdivision works, it must be maintained and only replaced with fencing of the exact same kind.

3.13 LANDSCAPING

Landscaping is required forward of the dwelling to all street frontages.

Landscaping will:

– Include planted garden beds to a minimum of 60% of the available soft landscaping area forward of the building line on the primary frontage, with high quality turf installed to the remainder of soft landscaping areas.

– Garden bed preparation is recommended to include a minimimum of 200mm of topsoil and 75mm of mulch.

– A minimum of two advanced trees (minimum size of 45L stock and 1.8m tall) must be provided to the landscape areas between the dwelling and the verge and it is recommended that the species selected is from the preferred species list provided in Annexure D of this document.

– At least one of the required minimum two advanced trees is not a palm species.

– Tree species must be located and selected to avoid interference with services, infrastructure, neighbouring properties and your own home. Owners must satisfy themselves they have selected the appropriate species and clearance to avoid any future issues or damage occurring.

– Include a combination of trees, shrubs and ground covers must be selected to soften the built form, provide variety and contribute to privacy and security.

– Turf areas must be separated from other surface finishes such as gardens and gravel

with a robust edge to contain the lawn within the desired area.

– Acceptable materials for garden edging include concrete, galvanised steel and regular-shaped timber. Unacceptable materials include, but are not limited to, plastic and timber logs.

– Generally, a 50/50 ratio of shrubs to ground covers will establish suitable variety of form.

– Storm water run-off must discharge into the kerb via a built-in kerb adaptor or inter-lot drainage (if provided). Grading of the landscape must eliminate storm water run-off into neighbouring properties.

– Retaining wall construction must include a suitable drainage system to deliver sub-surface water below the wall to the local storm water system.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

119 Adopted Report

Page 120: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Annexure APrecinct 5.2 - 5.5 Setback Tables

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

120 Adopted Report

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Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 15

Precinct 5.2 - 5.5 Setback Tables

Standard lot typologiesNote: To determine applicable Lot Typology Code for a Lot, refer to Lot Typology Plans in Annexure B

LOT TYPOLOGY CODE BOUNDARY GROUND FLOOR

SETBACK (min)

FIRST FLOOR SETBACK (min)

STANDARD

SS Less than 12m frontage

Front Garage 5.5 N/A

Balance of Façade 3 3

Side Built to Boundary 0 1

Non - Built to Boundary 1 1.5

Rear Rear 1.5 2

S 12m or greater frontage

Front Garage 5.5 N/A

Balance of Façade 3 3

Side Built to Boundary 0 1

Non - Built to Boundary 1.5 2

Rear Rear 1.5 2

C Corner Front Garage 5.5 N/A

Balance of Façade 3 3

Side Built to Boundary (if applicable)

0 1

Non - Built to Boundary (if applicable)

1.5 2

Secondary Road Frontage 3 3

Rear Rear 1.5 2

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

121 Adopted Report

Page 122: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 16

Precinct 5.2 - 5.5 Setback Tables

Park Frontage lot typologiesNote: To determine applicable Lot Typology Code for a Lot, refer to Lot Typology Plans in Annexure B

LOT TYPOLOGY CODE BOUNDARY GROUND FLOOR

SETBACK (min)

FIRST FLOOR SETBACK (min)

PARK FRONTAGE

PF Front Garage 5.5 N/A

Balance of Façade 3 3

Side Park Frontage 3 3

Built to Boundary 0 1

Non - Built to Boundary 1.5 2

Rear Rear 1.5 2

Park Frontage 3 3

PARK FRONTAGE CORNER

PFC Front Garage 5.5 N/A

Balance of Façade 3 3

Side Road Frontage 3 3

Built to Boundary 0 1

Non - Built to Boundary 1.5 2

Rear Rear 1.5 2

Park Frontage 3 3

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

122 Adopted Report

Page 123: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Gainsborough Greens Precinct 5.2 - 5.5 - Building Controls - Ver 1.1 17

Precinct 5.2 - 5.5 Setback Tables

Duplex lot typologiesNote: To determine applicable Lot Typology Code for a Lot, refer to Lot Typology Plans in Annexure B

LOT TYPOLOGY CODE BOUNDARY GROUND FLOOR

SETBACK (min)

FIRST FLOOR SETBACK (min)

DUPLEX

D Front Garage 5.5 N/A

Balance of Façade 3 3

Side Second Road Frontage - Garage

5.5 N/A

Second Road Frontage - Balance of Façade

3 3

Built to Boundary (if applicable)

0 1

Non - Built to Boundary 1.5 2

Rear Built to Boundary (if applicable)

0 1

Non - Built to Boundary 1.5 2

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

123 Adopted Report

Page 124: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Annexure BPrecinct 5.2 - 5.5 Lot Typology Plans

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

124 Adopted Report

Page 125: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

782

819

811

543

496500

497

597

1002

503

495

487

584

502

625

624

607

493

501

481

629588

586611

612

508

506

447

457

449

473

471

483

603

504

1007

1003

1004 480479

630

488 4891005

516

599

637600

472

468

448

450

484478

636

635

634

517

509

514

505

618

617

585

486

591

589

540

512 511

542

491

499

507

492

510

513

590

598

596

458

633632628

592

587

594

595

541

616

613 623

622

615

620

621

619

5151006

910

498494

490

482

485

470474 469467

476

475

477

601602605

627626

631

614

606604

610 609 608

593

SWAN ROAD

RO

AD 1

CR

ADLE

LAN

E

NINGALOO

DRIVE

BYF

IELD

ST

McD

ON

NEL

LAN

EALPI

NE

LAN

E

BU

LLER

ING

A ST

ROAD 2

ROAD 2

RO

AD 3

RO

AD 5

ROAD 4

ROAD 4

RO

AD 6

RO

AD 7

RO

AD 2

A

1390

1315

1316

12941314

1313

1389

1304

1303

1388

1037

1307

1311

13101300

1308

1305

13121298

1309

1306

1302

1392

1337

1301

1296

1297

1295

1299

835

83683

3

837

838826

832

831

834

841

829

839

828

840

1248

868

871 870

869

1247

867

124612

44

866

1282

865

830

862

8721249

1240

860

1286

1258

1259

1243

1242

861

848

900

899

1250

859

1257

1291

1290 892

891

1287

1288

1289

1241

1284

827

1283

1285

847

843

84484

5846

85885

5

854

853

852

85185084912

51

1252

1253

1254

1293

1036 842

863

857

856

8641256

1255

1245

895

897

896

898

894

893

1336

13911398

13931396

1395

1400

1397

1399

13941384

1385

1386

1383

1387

1382

1380

1381

1379

1376

1377

1378

1374

1375

1358

1357

1356

1355

1354

13531352

1359

1360

1362

1363

1351

1361

1349

1350

1348

1364

1365

1366

1347

1346

1367

1345

1368

1344

1369

1343

1371

1370

1342

134113

40

1338

1373

1372

1339 874

873

1292

16.512.5

39.0

33.3

(18.1)

14.018.0

32.0

14.014.0

(17.5)

38.4

32.0

31.932

.0

(13.5)

(13.1)

14.0

(16.6)

(16.8)

14.0

(21.6)20.018.014.0

(19.6)

31.3

32.0

34.0

31.7

32.0

31.8

32.0

32.0

31.8

1317

1318

1319

1320

1321

1322

1324

1325

1326

1327

132813291330

133113

32133313

35

34.3

1323

7.910.1

32.0

14.014.0

32.0

20.0

18.016.0

32.0

16.2

32.0

12.516.0

32.0

14.014.0

41.2

14.020.014.0

18.0 34.432

.1 875

877

878

879

88088

1

882

883

884

885

88688

7888

889

890

20.1

14.0

30.0

16.016.0

16.0

30.0

30.0

10.512.5

12.5 12.5

30.0

30.0

16.016.0

14.020.3

30.0

30.0

126012

61

12621263

12641265

1266

1267

1268

1269

1270

1271

1272

12731274

1275

127612

77

1278

127912

80

1281

12.5

876

1334

10m wide

12.5m wide

14m wide

18m wide

20m wide (Duplex)

LEGEND

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

TOTAL

SCALE BAR

STAGE

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

LOTSNo. OF

©LANDPARTNERS 2016

REV

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC to accompany an application to GOLD COAST CITY COUNCILfor approval to reconfigure the land described in this plan and is not to beused for any other purpose or by any other person or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses (ii)or (iii) hereof.

(ii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iii) This plan may not be copied unless these notes are included.

BRJD4595.005-090

CGW

459505FD

AHD D

-

0.5 m

18/01/2016

MIRVAC

236

LOT TYPOLOGYFOR PRECINCTS 5.2-5.5

GAINSBOROUGH GREENS

GOLD COAST CITY COUNCIL

V JHD

100m

SCALE 1:2500 @ A3

050m 50

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

ADR 18/01/2016

JHD

Medium Density

Edge of Vegetation

16m wide

>20m

WIDTH

10m

STAGE

12.5m

14m

TOTAL

Total

%

6

72

72

-

3

30

31

-

LOTSNo. OF

16m

18m

20m

44 19

32 14

8 3

236 100

Total Area = 14.95 haTotal Developable Area = 14.43haTotal Dwellings = 241(including duplexes)Density = 16.7 dwellings/Developable Area(ha)

5.2 61

5.3 57

5.4 23

5.5 95

18/01/2016

SHEET 1 OF 2

AREA OFNEW ROADPARK AREA

TOTAL20m 16.5m 12.5m

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

960m²

3.56ha

3.09ha

1.7ha

91.45ha

1640m² 99.8ha

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

125 Adopted Report

Page 126: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

782

819

811

543

496500

497

597

1002

503

495

487

584

502

625

624

607

493

501

481

629588

586611

612

508

506

447

457

449

473

471

483

603

504

1007

1003

1004 480479

630

488 4891005

516

599

637600

472

468

448

450

484478

636

635

634

517

509

514

505

618

617

585

486

591

589

540

512 511

542

491

499

507

492

510

513

590

598

596

458

633632628

592

587

594

595

541

616

613 623

622

615

620

621

619

5151006

910

498494

490

482

485

470474 469467

476

475

477

601602605

627626

631

614

606604

610 609 608

593

SWAN ROAD

RO

AD 1

CR

ADLE

LAN

E

NINGALOO

DRIVE

BYF

IELD

ST

McD

ON

NEL

LAN

EALPI

NE

LAN

E

BU

LLER

ING

A ST

ROAD 2

ROAD 2

RO

AD 3

RO

AD 5

ROAD 4

ROAD 4

RO

AD 6

RO

AD 7

RO

AD 2

A

1390

1315

1316

12941314

1313

1389

1304

1303

1388

1037

1307

1311

13101300

1308

1305

13121298

1309

1306

1302

1392

1337

1301

1296

1297

1295

1299

835

83683

3

837

838826

832

831

834

841

829

839

828

840

1248

868

871 870

869

1247

867

124612

44

866

1282

865

830

862

8721249

1240

860

1286

1258

1259

1243

1242

861

848

900

899

1250

859

1257

1291

1290 892

891

1287

1288

1289

1241

1284

827

1283

1285

847

843

84484

5846

85885

5

854

853

852

85185084912

51

1252

1253

1254

1293

1036 842

863

857

856

8641256

1255

1245

895

897

896

898

894

893

1336

13911398

13931396

1395

1400

1397

1399

13941384

1385

1386

1383

1387

1382

1380

1381

1379

1376

1377

1378

1374

1375

1358

1357

1356

1355

1354

13531352

1359

1360

1362

1363

1351

1361

1349

1350

1348

1364

1365

1366

1347

1346

1367

1345

1368

1344

1369

1343

1371

1370

1342

134113

40

1338

1373

1372

1339 874

873

1292

1317

1318

1319

1320

1321

1322

1324

1325

1326

1327

132813291330

133113

32133313

35

1323

875

877

878

879

88088

1

882

883

884

885

88688

7888

889

890

126012

61

12621263

12641265

1266

1267

1268

1269

1270

1271

1272

12731274

1275

127612

77

1278

127912

80

1281

876

1334

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC to accompany an application to GOLD COAST CITY COUNCILfor approval to reconfigure the land described in this plan and is not to beused for any other purpose or by any other person or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses (ii)or (iii) hereof.

(ii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iii) This plan may not be copied unless these notes are included.

BRJD4595.005-090

459505FD

AHD D

-

0.5 m

18/01/2016

MIRVAC

236

LOT TYPOLOGYFOR PRECINCTS 5.2-5.5

GAINSBOROUGH GREENS

GOLD COAST CITY COUNCIL

JHD

100m

SCALE 1:2500 @ A3

050m 50

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

18/01/2016

JHD

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

TOTAL

SCALE BAR

STAGE

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

LOTSNo. OF

©LANDPARTNERS 2016

REV

5.2 61

5.3 57

5.4 23

5.5 95

18/01/2016

SHEET 2 OF 2

LEGEND

SITE BOUNDARY

STAGE BOUNDARY

LOCATION OF ZERO LOT LINE

CORNER LOT

STANDARD LOT

SMALL STANDARD LOT

PARK FRONT LOT

DUPLEX LOT

PARK FRONT CORNER LOT

AREA OFNEW ROADPARK AREA

TOTAL20m 16.5m 12.5m

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

960m²

3.56ha

3.09ha

1.7ha

91.45ha

1640m² 99.8ha

CGW

V

ADR

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

126 Adopted Report

Page 127: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

Annexure CPreferred Plant Species for Private Gardens

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

127 Adopted Report

Page 128: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

BAC K H O U S I A C I T R I D O R AL E M O N S C E N T E D M Y RT L E

C A L L I ST E M O N S A L I G N U S W I L LOW B OT T L E B R U S H

C RY P TO C A RYA L A E V I G ATA G LO S SY L AU R E L

SY Z YG I U M JA M B O S RO S E A P P L E

BA N KS I A RO B O U RSWA M P BA N KS I A

D I L LW Y N I A F LO R I B U N DAS H OW Y PA R ROT P EA

H I B I S C U S D I V E RS I FO L I U SSWA M P H I B I S C U S

L E P TO S P E R M U M P O LYG A L I FO L I U MW I L D M AY

AU ST RO M Y RT U S D U LC I S M I DY I M

D I A N E L L A LO N G I FO L I APA L E F L A X L I LY

H A R D E N B E RG I A V I O L AC EA N AT I V E S A RS PA R I L L A

H I B B E RT I A S C A N D E N S G U I N EA F LOW E R

TR

EE

S BACKHOUSIA CITRIDORA LEMON SCENTED MYRTLE

BRACHYCHITON BIDWILLII LITTLE KURRAJONG

CALLISTEMON SALIGNUS WILLOW BOTTLEBRUSH

CRYPTOCARYA LAEVIGATA GLOSSY LAUREL

MELALEUCA LINARIIFOLIA FLAXLEAF PAPERBARK

SYZYGIUM JAMBOS ROSE APPLE

SH

RU

BS BAEKEA FRUTESCENS WEEPING BAEKEA

BANKSIA ROBOUR SWAMP BANKSIA

BORONIA ROSMARINIFOLIA FOREST BORONIA

BREYNIA OBLONGIFOLIA OBLONG LEAVED BREYNIA

CORDYLINE AUSTRALIS NATIVE CORDYLINE

DILLWYNIA FLORIBUNDA VAR.FLORIBUNDA SHOWY PARROT PEA

GREVILLEA “HONEY GEM” “HONEY GEM”

HIBISCUS DIVERSIFOLIUS SWAMP HIBISCUS

LEPTOSPERMUM POLYGALIFOLIUM WILD MAY

MELALEUCA “CLARET TOPS” CLARET TOPS

MELALEUCA NODOSA PRICKLY LEAVED PAPERBARK

PIMELEA LINIFOLIA RICE FLOWER

PITTOSPORUM REVOLUTUM SWEET PITTOSPORUM

PULTENAEA RETUSA PULTENAEA

PROSTANTHERA OVALIFOLIA OVAL LEAVED MINT BUSH

SYZYGIUM AUSTRALE “RESILIENCE” RESILIENCE LILLYPILLY

SYZYGIUM CASCSADE CASCADE LILLYPILLY

WESTRINGEA FRUITOCOSA “ZENA” ZENA

XANTHORRHOEA JOHNSONII GRASS TREE

AUSTROMYRTUS DULCIS MIDYIM

GR

OU

ND

CO

VE

RS

, S

ED

GE

S A

ND

CL

IMB

ER

S CASUARINA GLAUCA PROSTRATE FORM SWAMP OAK GROUND COVER

DIANELLA CAERULEA FLAX LILLY

DIANELLA LONGIFOLIA PALE FLAX LILY

DIANELLA BREVIPEDUNCULATA SHORT FLOWERED FLAX LILY

HARDENBERGIA VIOLACEA NATIVE SARSPARILLA

HIBBERTIA SCANDENS GUINEA FLOWER

HYPOLEPIS MUELLERI HARSH GROUND FERN

LOMANDRA FILIFORMIS FINE LEAF MAT RUSH

LOMANDRA HYSTRIX SLENDER MAT RUSH

LOMANDRA LONGIFOLIA LONG LEAVED MAT RUSH

PITTSPORUM REVOLUTUM HAIRY PITTSPORUM

PTERIDIUM ESCULENTUM BRAKEN

PREFERRED PLANT SPECIES FOR PRIVATE GARDENS

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

128 Adopted Report

Page 129: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

1

S

W

A

N

R

O

A

D

Y

A

W

A

L

P

A

H

R

O

A

D

EMT A

RP48903

1023

SP270675

2

SP261925

SHEET 2

3

SP246472

H

O

T

H

A

M

C

R

E

E

K

E

M

T

A

R

P

4

4

2

0

2

2

RP803861

901

SP242344

906

S

P

2

5

7

5

4

5

1024

804

SP270725

EMT J

SP242344

1025(pt)

1025(pt)

1021

SP270683

61.78ha

Balance

Balance

Balance

9.9551ha

5.7282ha

TOTAL

17.2168ha

1025(pt)

4744m2

1026(pt)

1.5064ha

1026(pt)

4.1676ha

TOTAL

5.674ha

1025(pt)

1038

2960m2

1.0591ha

BRJD4595.005-093

AHD D

-

0.5 m

GOLD COAST CITY COUNCIL

JHD

10m

SCALE 1:10000 @ A3

0 200 500m

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

TOTAL

SCALE BAR

STAGE

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

AREA OFNEW ROADLOTS

No. OFPARK AREA

TOTAL

©LANDPARTNERS 2016

REV

PROPOSED RESIDENTIAL LOTS

LEGEND-

SITE BOUNDARY

STAGE BOUNDARY

EXISTING BUILDING

(To be removed)

DRAINAGE LINE

EXISTING DAM

Q100 FLOODLINE

EXISTING EASEMENT

PROPOSED ACCESS EASEMENT

EXISTING CAR PARKING

PROPOSED NOMINAL

CAR PARKING

PROPOSED STORM WATER

DETENTION AREA

LAND DEDICATED FOR

COMMUNITY PURPOSES

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/APROPOSED RETAINING WALL

SHEET 1 OF 4

N/A

N/A

N/A

LOCATION OF ZERO

LOT LINE

PROPOSED PARK

20m 16.5m 12.5m

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC QUEENSLAND PTY LTD to accompany an application to GOLDCOAST CITY COUNCIL for approval to reconfigure the land described inthis plan and is not to be used for any other purpose or by any otherperson or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses(ii),(iii) or (iv) hereof.

(ii) The contours shown in this plan are suitable only for the purposes ofthis application. The accuracy of the contours has not been verified and noreliance should be placed upon such contours for any other purpose otherthan the purpose of this application for reconfiguration.

(iii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iv) This plan may not be copied unless these notes are included.

MIRVAC QUEENSLANDPTY LTD

PROPOSED RECONFIGURATION PLANFOR BALANCE AREA OF PRECINCT 5Lot 1 on SP270647, Lot 1 on SP270679, Lot 1023 on

SP270675, Lot 2 on RP803861 & Lot 804 on SP270725

CGW

JHD

ADR

459505FC

18/01/2016

V

18/01/2016

18/01/2016

236

5.2 61

5.3 57

5.4 23

5.5 95

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

3.56ha

3.09ha

1.7ha

1640m² 99.8ha

91.45ha960m²

SURROUNDING

INFORMATION SOURCED FROM

DIGITAL CADASTRAL DATABASE

(DEC 2014)

CONTOUR INFORMATION YET TO

BE CONFIRMED

APPROXIMATE LOCATION OF

BUILDINGS DERIVED FROM AERIAL

PHOTOGRAPHY (GOOGLE) &

SUBJECT TO FURTHER STUDIES.

PURPOSE OF PUBLIC OPEN SPACE LOTS:

1024 - Conservation Area

1025 - Bushland Reserve and

Conservation Area

1026 - Recreation Linkage

1036 & 1037 - Recreation Park

1038 - Waterways/Drainage Reserve

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

129 Adopted Report

Page 130: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

2

1

9

11

12

12

11

10

9

8

7

6

5

811

543

496500

497

597

1002

503

495

487

584

502

625

624

607

493

501

544

481

629588

586611

612

508

506

447

473

471

483

603

504

1007

1003

1004 480479

630

488 4891005

516

599

637600

472

468

448

484478

636

635

634

517

509

514

505

618

617

585

486

591

589

540

512 511

542

491

499

507

492

510

513

590

598

596633632

628

592

587

594

595

541

616

613623

622

615

620

621

619

5151006

910

498494

490

482

485

470474 469

467

476

475

477

601602605

627626

631

614

606604

610 609 608

593

SWAN ROAD

CR

ADLE

LAN

E

NINGALOO

DRIVE

BYF

IELD

ST

McD

ON

NEL

LAN

EALPI

NE

LAN

E

BU

LLER

ING

A ST

NEW ROAD # 4 16.5m WIDE

NEW ROAD # 4 16.5m WIDE

NEW

RO

AD #

5

16.

5m W

IDE

NEW

RO

AD #

3 1

6.5m

WID

E

#6

16.

5m W

IDE

NEW

RO

AD #

2A

16.5

m W

IDE

NEW ROAD # 2 16.5m WIDE

NEW ROAD # 2 16.5m WIDE

16.5m WIDE

SHEET 4

SHEET 3

1390

1315

1316

12941314

1313

1389

1304

1303

1388

1037

1307

1311

13101300

1308

1305

13121298

1309

1306

1302

1392

1337

1301

1296

1297

1295

1299

835

83683

3

837

838

826

832

831

834

841

829

839

828

840

1248

868871 870

869

1247

867

124612

44

866

1282

865

830

862

8721249

1240

860

1286

1258

1259

1243

1242

861

848

900

899

1250

859

1257

1291

1290 892

891

1287

1288

1289

1241

1284

827

1283

1285

847

843

844

845846

85885

5

854

853

852

85185084912

51

1252

1253

1254

1293

1036 842

863

857

856

8641256

1255

1245

895

897

896

898

894

893

1336

13911398

13931396

1395

1400

1397

1399

13941384

1385

1386

1383

1387

1382

1380

1381

1379

1376

1377

1378

1374

1375

1358

1357

1356

1355

1354

13531352

1359

1360

1362

1363

1351

1361

1349

1350

1348

1364

1365

1366

1347

1346

1367

1345

1368

1344

1369

1343

1371

1370

134213

41

1340

1338

1373

1372

1339 874

873

NEW ROAD # 4 16.5m WIDE

1292

NEW ROAD # 2

NEW

RO

AD#

1 1

6.5m

WID

E

NEW

ROAD

1317

1318

1319

1320

1321

1322

1324

1325

1326

1327

132813291330

133113

32133313

35

1323

875

877

878

879

88088

1

882

883

884

88588688

7888

889

890

126012

61

12621263

12641265

1266

1267

1268

1269

1270

1271

1272

12731274

1275

127612

77

1278

127912

80

1281

876

1334

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

SCALE BAR

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

©LANDPARTNERS 2016

REV

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC QUEENSLAND PTY LTD to accompany an application to GOLDCOAST CITY COUNCIL for approval to reconfigure the land described inthis plan and is not to be used for any other purpose or by any otherperson or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses(ii),(iii) or (iv) hereof.

(ii) The contours shown in this plan are suitable only for the purposes ofthis application. The accuracy of the contours has not been verified and noreliance should be placed upon such contours for any other purpose otherthan the purpose of this application for reconfiguration.

(iii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iv) This plan may not be copied unless these notes are included.

AHD D

-

0.5 m

MIRVAC QUEENSLANDPTY LTD

GOLD COAST CITY COUNCIL

JHD

100m

SCALE 1:2500 @ A3

050m 50

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

NOTE:

SURROUNDING

INFORMATION SOURCED FROM

DIGITAL CADASTRAL DATABASE

(DEC 2014)

CONTOUR INFORMATION YET TO BE

CONFIRMED

APPROXIMATE LOCATION OF

BUILDINGS DERIVED FROM AERIAL

PHOTOGRAPHY (GOOGLE) &

SUBJECT TO FURTHER STUDIES.

PROPOSED RESIDENTIAL LOTS

LEGEND-

SITE BOUNDARY

STAGE BOUNDARY

EXISTING BUILDING

(To be removed)

DRAINAGE LINE

EXISTING DAM

Q100 FLOODLINE

EXISTING EASEMENT

PROPOSED ACCESS EASEMENT

EXISTING CAR PARKING

PROPOSED NOMINAL

CAR PARKING

PROPOSED STORM WATER

DETENTION AREA

LAND DEDICATED FOR

COMMUNITY PURPOSES

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/APROPOSED RETAINING WALL

SHEET 2 OF 4

N/A

N/A

N/A

LOCATION OF ZERO

LOT LINE

PROPOSED PARK

PROPOSED RECONFIGURATION PLANFOR BALANCE AREA OF PRECINCT 5Lot 1 on SP270647, Lot 1 on SP270679, Lot 1023 on

SP270675, Lot 2 on RP803861 & Lot 804 on SP270725

TOTAL

STAGE AREA OFNEW ROADLOTS

No. OFPARK AREA

TOTAL20m 16.5m 12.5m

236

5.2 61

5.3 57

5.4 23

5.5 95

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

3.56ha

3.09ha

1.7ha

1640m²

91.45ha

99.8ha

960m²

BRJD4595.005-093

DATE

DATE

CGW

JHD

ADR

459505FC

18/01/2016

V

18/01/2016

18/01/2016

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

130 Adopted Report

Page 131: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

1

597

625

624

607

629

611

612

473

471

603

1003

1004 480479

630

599

637600

472

468

484478

636

635

634

486

598

596633632

628

595

613623

622

485

470474 469

467

476

475

477

601602605

627626

631

614

606604

610 609 608

SWAN ROAD

CR

ADLE

LAN

E

NINGALOO

BYF

IELD

ST

McD

ON

NEL

LAN

EALPI

NE

LAN

E

NEW ROAD # 4 16.5m WIDEN

EW R

OAD

# 3

16.

5m W

IDE

NEW

RO

AD #

2A

16.5

m W

IDE

NEW ROAD # 2 16.5m WIDE

NEW ROAD # 2 16.5m WIDE

16.5m WIDE

1282

862

872

860

1258

838m²

755m²

622m²

682m²677m²

574m²

491m²

441m²

960mĮ

465m²

375m²

375m²375m²

375m²

420m²420m²

308m²

²

375m²

308m²

375m²

375m²

375m²

375m²

375m

²

420m

²

495m

²49

5m²

375m

²37

5m²

480m

² 420m

²

586m² 375m

²

381m

²

317m

²

422m

²

407m

²

317m

²

355m

²

355m

²

664m²

420m

²

342m

²

385m

²480m²

471m²

491m²

420m²

545m²

536m²

420m²

516m²

317m

²

480m²

346m

²

516m²

627m²

616m² 444m

²

446m

²

419m²

419m²

603m²

576m²

718m²

454m²

644m²

636m²

420m

²

480m

²

355m

²

355m

²

317m

²

317m

²

406m

²

406m

²

324m

²

379m

²

396m

²

680mĮ

1315

1316

12941314

1313

1304

13031307

1311

13101300

1308

13121298

1309

1302

1301

1296

1297

1295

1299

835 836833

837

838

826

832831834

841

829

839

828

840

1248

868871 870 869

1247

867

12461244

866 865

830

124912401286

1259

1243

1242

861

848

900

899

1250

859

1257

1291

1290

892891

1287

1288

1289

1241

1284

827

1283

1285

847 843844845846

858855854853852851850849

1251125212531254

1293

1036

842

863

857856

864

1256 1255

1245

895

897

896

898

894 893

874873

375m

²

375m

²

300m

²

317m

²

317m

²

375m

²

300m

²

317m

²

317m

²37

5m²

317m

²31

7m²

317m

²31

7m²

386m

²

335m

²

371m

²41

2m²

422m

²

430m

²

384m

²

372m

² 616m

²

515m

²

420m²

606m²

529m²

510m²

470m²

462m

²

425m

²

218m²

852m²1292

NEW ROAD # 2

NEW

RO

AD#

1 1

6.5m

WID

E

(18.1)

31.3

1317

577m

²

7.910.1

32.0

14.014.0

32.0

20.0

18.016.0

32.0

16.2

32.0

12.516.0

32.0

14.014.0

41.2

14.020.014.0

18.0 34.432

.1

20.1

875877878879880881882883

884885886

887888889

890

636m

²512m

²

576m

²

640m

²

448m

²

448m

²

481m

²

400m

²

512m

²

577m

²

449m

²

449m

²

653m

²

521m

²

601m

²14.0

30.0

16.016.0

16.0

30.0

30.0

10.5 12.512.5 12.5

30.0

30.0

16.016.0

14.020.3

30.0

30.012.5

375m

²

420m

²

480m

²

480m

²

375m

²

375m

²

375m

²

480m

²

315m

²

480m

²

480m

²

420m

²

375m

²

315m

²

420m

²480m

²

480m

²480m

²

480m

²480m

²

375m

²420m

²

375m

²

375m

² 600m²

528m²

127112721273127412751276127712781279

12801281

1334

126012611262

12631264126512661267126812691270

876

1037

1038(Waterways/

DrainageReserve)

AHD D

-

0.5 m

GOLD COAST CITY COUNCIL

JHD

100m60200m

SCALE 1:1500 @ A3

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

SCALE BAR

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

©LANDPARTNERS 2016

REVSHEET 3 OF 4

NOTE:

SURROUNDING

INFORMATION SOURCED FROM

DIGITAL CADASTRAL DATABASE

(DEC 2014)

CONTOUR INFORMATION YET TO BE

CONFIRMED

APPROXIMATE LOCATION OF

BUILDINGS DERIVED FROM AERIAL

PHOTOGRAPHY (GOOGLE) &

SUBJECT TO FURTHER STUDIES.

LEGEND-

SITE BOUNDARY

STAGE BOUNDARY

EXISTING BUILDING

(To be removed)

DRAINAGE LINE

EXISTING DAM

Q100 FLOODLINE

EXISTING EASEMENT

PROPOSED ACCESS EASEMENT

EXISTING CAR PARKING

PROPOSED NOMINAL

CAR PARKING

PROPOSED STORM WATER

DETENTION AREA

LAND DEDICATED FOR

COMMUNITY PURPOSES

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/APROPOSED RETAINING WALL

N/A

N/A

N/A

LOCATION OF ZERO

LOT LINE

PROPOSED RESIDENTIAL LOTS

PROPOSED PARK

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC QUEENSLAND PTY LTD to accompany an application to GOLDCOAST CITY COUNCIL for approval to reconfigure the land described inthis plan and is not to be used for any other purpose or by any otherperson or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses(ii),(iii) or (iv) hereof.

(ii) The contours shown in this plan are suitable only for the purposes ofthis application. The accuracy of the contours has not been verified and noreliance should be placed upon such contours for any other purpose otherthan the purpose of this application for reconfiguration.

(iii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iv) This plan may not be copied unless these notes are included.

MIRVAC QUEENSLANDPTY LTD

PROPOSED RECONFIGURATION PLANFOR BALANCE AREA OF PRECINCT 5Lot 1 on SP270647, Lot 1 on SP270679, Lot 1023 on

SP270675, Lot 2 on RP803861 & Lot 804 on SP270725

TOTAL

STAGE AREA OFNEW ROADLOTS

No. OFPARK AREA

TOTAL20m 16.5m 12.5m

236

5.2 61

5.3 57

5.4 23

5.5 95

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

3.56ha

3.09ha

1.7ha

1640m²

91.45ha

99.8ha

960m²

BRJD4595.005-093

DATE

DATE

CGW

JHD

ADR

459505FC

18/01/2016

V

18/01/2016

18/01/2016

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

131 Adopted Report

Page 132: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

2

9

11

12

12

11

10

9

8

7

6

5

597

584

625

624

607

629588

586611

612

599

585589

590

598

596

628

587

594

595

613623

622

605

627626

614

606

610 609 608

SWAN ROAD

ALPI

NE

LAN

E

BU

LLER

ING

A ST

NEW ROAD # 4 16.5m WIDE

NEW ROAD # 4 16.5m WIDE

NEW

RO

AD #

5

16.

5m W

IDE

NEW

RO

AD #

3 1

6.5m

WID

E

#6

16.

5m W

IDE

NEW

RO

AD #

2A

16.5

m W

IDE

NEW ROAD # 2 16.5m WIDENEW ROAD # 4 16.5m WIDE

1282

1258

838m²

755m²

622m²

682m²677m²

574m²

491m²

441m²

960mĮ

465m²

375m²

375m²375m²

375m²

420m²

420m²420m²

308m²

500m²

375m²

575m

²

308m²

375m²

375m²

375m²

375m²

664m²

480m²491m²

420m²

545m²

536m²

420m²

480m²

627m²

616m²

419m²

419m²

603m²

576m²

718m²

454m²

644m²

680mĮ

1390

1315

1316

12941314

1313

1389

1304

1303

1388

1307

1311

13101300

1308

1305

13121298

1309

1306

1302

1392

1337

1301

1296

1297

1295

1299

12401286

1259

1243

1242

900

899

1291

1290

1287

1288

1289

1241

1284

1283

1285

1293

1036

895

897

896

898

894 893

1336

13911398

13931396

1395

1400

1397

1399

13941384

1385

1386

1383

1387

1382

1380

1381

1379

1376

1377

1378

13741375

1358

1357

1356

1355

1354

13531352

1359136013621363

1351

1361

1349 13501348

136413651366

13471346

1367

1345

1368

1344

1369

1343

13711370

134213411340

1338

1373

1372

1339

420m²

606m²

529m²

510m²

470m²

462m

²

425m

470m²

368m²

466m²

620m²

733m²

444m²

420m²420m²

576m²

774m²

424m²

466m²

563m²669m²

415m²

510m²

459m

²

526m²

425m

²

450m²

568m²

584m²

634m²

447m²

463m²

817m²

648m

²

516m²

375m²

375m²

375m²

773m²

604m²481m²

509m

²

450m

²

420m

²

480m

²

471m²

486m

²

480m

²

393m

²

375m

²37

5m²

478m

²

533m

²

417m

²

414m

²

452m

²39

4m²

420m

²42

0m²

375m

²37

5m²

420m

²

375m

²37

5m²

420m

²

375m

²

385m²

598m²

375m

²

563m²

852m²1292

NEW

ROAD

16.512.5

39.0

33.3

(18.1)

14.018.0

32.0

14.014.0

(17.5)

38.4

32.0

31.932

.0

(13.5)

(13.1)

14.0

(16.6)

(16.8)

14.0(21.6)

20.018.014.0

(19.6)

31.3

32.0

34.0

31.7

32.0

31.8 32.0

32.0

31.8

34.3

13171318

1319

13201321

1322

132413251326132713281329133013311332

13331335

1323576m

²

489m

²

448m

²

448m

²

639m

²

548m

²

448m

²

478m

²

440m

²

574m

²

562m

² 577m

²

523m

²

528m

²

448m

²

448m

²

585m

²

509m

²

636m

²

14.0

30.0

16.016.0

16.0

30.0

30.0

10.5 12.5

375m

²

480m

²

315m

²

480m

²

480m

²

420m

²

375m

²

315m

²

480m

²

480m

²

480m

²

420m

²

1276127712781279

12801281

126512661267126812691270

1037

AHD D

-

0.5 m

GOLD COAST CITY COUNCIL

JHD

100m60200m

SCALE 1:1500 @ A3

Brisbane OfficeLevel 3 - Kings Row 440 McDougall StreetMilton QLD 4064PO Box 3916South Brisbane BC QLD 4101

t (07) 3842 1000f (07) 3842 1001e [email protected] www.landpartners.com.au ISO 9001:2008

FS 535063

PROJECT

CLIENT

LOCAL AUTHORITY

NOTES

SCALE BAR

PLAN NUMBER

APPROVED

CHECKED

DRAWN

COMPUTER FILE

CONTOUR INTERVAL

LEVEL ORIGIN

LEVEL DATUM

NOTE: ALL DIMENSIONS AND AREAS ON THIS PLAN ARE SUBJECT TO SURVEY AND REQUIREMENTS FOR LODGEMENT OF SURVEY PLANS IN THE NATURAL RESOURCES AND MINES.

DATE

DATE

DATE

©LANDPARTNERS 2016

REVSHEET 4 OF 4

NOTE:

SURROUNDING

INFORMATION SOURCED FROM

DIGITAL CADASTRAL DATABASE

(DEC 2014)

CONTOUR INFORMATION YET TO BE

CONFIRMED

APPROXIMATE LOCATION OF

BUILDINGS DERIVED FROM AERIAL

PHOTOGRAPHY (GOOGLE) &

SUBJECT TO FURTHER STUDIES.

LEGEND-

SITE BOUNDARY

STAGE BOUNDARY

EXISTING BUILDING

(To be removed)

DRAINAGE LINE

EXISTING DAM

Q100 FLOODLINE

EXISTING EASEMENT

PROPOSED ACCESS EASEMENT

EXISTING CAR PARKING

PROPOSED NOMINAL

CAR PARKING

PROPOSED STORM WATER

DETENTION AREA

LAND DEDICATED FOR

COMMUNITY PURPOSES

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/APROPOSED RETAINING WALL

N/A

N/A

N/A

LOCATION OF ZERO

LOT LINE

PROPOSED RESIDENTIAL LOTS

PROPOSED PARK

(i) This plan was prepared for the purpose and exclusive use ofMIRVAC QUEENSLAND PTY LTD to accompany an application to GOLDCOAST CITY COUNCIL for approval to reconfigure the land described inthis plan and is not to be used for any other purpose or by any otherperson or corporation.LandPartners Limited accepts no responsibility for any loss or damagesuffered howsoever arising to any person or corporation who may use orrely on this plan in contravention of the terms of this clause or clauses(ii),(iii) or (iv) hereof.

(ii) The contours shown in this plan are suitable only for the purposes ofthis application. The accuracy of the contours has not been verified and noreliance should be placed upon such contours for any other purpose otherthan the purpose of this application for reconfiguration.

(iii) The dimensions, areas, number of lots, size and location ofimprovements & flood information (if shown) are approximate only andmay vary.

(iv) This plan may not be copied unless these notes are included.

MIRVAC QUEENSLANDPTY LTD

PROPOSED RECONFIGURATION PLANFOR BALANCE AREA OF PRECINCT 5Lot 1 on SP270647, Lot 1 on SP270679, Lot 1023 on

SP270675, Lot 2 on RP803861 & Lot 804 on SP270725

236TOTAL

STAGE AREA OFNEW ROADLOTS

No. OFPARK AREA

TOTAL

5.2 61

5.3 57

5.4 23

5.5 95

20m 16.5m 12.5m

- 573m -

- 299m 71m

- 268m -

- 1015m -

- 2155m 71m

-

-

680m²

3.56ha

3.09ha

1.7ha

1640m²

91.45ha

99.8ha

960m²

BRJD4595.005-093

DATE

DATE

CGW

JHD

ADR

459505FC

18/01/2016

V

18/01/2016

18/01/2016

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

132 Adopted Report

Page 133: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

133 Adopted Report

Page 134: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 C ITY DEVELOPMENT BRANCH FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 Refer 5 page attachment 1 EXECUTIVE SUMMARY

Site address 46 Scottsdale Drive, Robina Application description

Final Development Approval for Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office and Shop

Decision due date 16 March 2016

Proposal

The proposed development is for an eight storey mixed use development comprising of: six storeys of apartments (88 two-bedroom apartments), 1 storey

consisting of Catering Business, Medical Centre, Office, Professional Office and Shop;

One of the car parking storeys is 3 metres above natural ground level and constitutes an additional storey.

At ground level there will be: 960m² of food/retail floor space (maximum 300m² of retail GFA) on

the Scottsdale Drive frontage of the site; and 518m² of medical/office floor space to the rear of the site; and car parking provided at ground and two basement levels.

The applicant is proposing 14,547m² of GFA, with site coverage proposed as 57.2%. Car parking spaces for the application are located at ground level and two (2) levels of basement. A total of 272 car parking spaces will be provided, they are dispersed as follows: Residential - 177 Residential visitor - 22 Food/retail - 47 Medical/office - 26

Issue Resolution

Key Issues/Resolution

Shadowing/Amenity To mitigate the impacts of the shadowing proposed as part of this development, the applicant has reduced the height of the building by 3 metres and amended the building design to lessen the impacts of shadowing on the adjoining properties to the rear. The proposed changes have made minor improvements to the shadowing impacts on the rear lots, where possible the impacts on private open space within these lots have been reduced and the amenity impacts on these dwellings have lessened.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

134 Adopted Report

Page 135: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

It is considered that the proposed height of the building, albeit three (3) storey’s above the maximum height requirements specified within the applicable plan of development, has not increased the amenity impacts of the residences to the rear.

Building Height The applicant has provided a development that presents a good architectural and urban design outcome and will contribute to the emerging character of the area. Although the height of the building exceeds the requirements stipulated within the plan of development by three (3) storeys, it is considered that the proposed setbacks and building articulation sufficiently addresses the impacts of the additional height. Furthermore an analysis of the building heights and the impacts of shadowing of the residences to the rear have determined that there will be no additional impacts on the amenity of these residences due to the additional three (3) storey’s. Council officers have enacted relaxation powers in accordance with Section 134 of the Robina Central Planning Agreement and consider the proposed increase in height from the requirements of the Plan of Development as suitable. This has been undertaken in consultation with Robina Land Corporation.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

135 Adopted Report

Page 136: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Submissions Objections Support

Not Applicable Not Applicable Key issues raised by submitters Not Applicable

Referral agencies Not Applicable Officer's recommendation Approval

2 APPLICATION INFORMATION

Application number FDA 201500023 Lodgement date 6 January 2016 Application description Final Development Approval for Accommodation

Premises, Catering Business, Medical Centre, Office, Professional Office and Shop

Type of approval sought Final Development Approval Site Address 46 Scottsdale Drive, Robina Real property description Lot 606 on SP176393 Site area 4719m² Applicant details Eastco Robina Pty Ltd Owner details RPA Properties Pty Ltd Level of Assessment Not applicable Date entered decision 16 February 2016 3 BACKGROUND The subject site is devoid of all vegetation and is currently a vacant block.

In 2015 the subject site was subdivided into two (2) lots, with both lots having a lot size of 4719m².

A pre-lodgement meeting was held with the applicant on the 19 November 2015 to discuss the concept design, and an ‘in principle acceptance’ of the proposed height was provided, subject to an acceptance of detailed architectural plans.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

136 Adopted Report

Page 137: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 4 PROPOSAL The proposal is for a mixed use development with a height of eight (8) storeys comprising of six storeys of apartments (88 two-bedroom apartments). The following is a breakdown of the individual floors:

Level Use

Level 6 13 two-bedroom apartments

Level 5 15 two-bedroom apartments

Level 4 15 two-bedroom apartments

Level 3 15 two-bedroom apartments

Level 2 15 two-bedroom apartments

Level 1 15 two-bedroom apartments – Communal/ Planter area

Ground Floor 960m² of food/retail floor space (maximum 300m² of retail GFA)

518m² of medical/office floor space; and

Retail/food car parking

Basement 1 Residential car parking

Residential visitor car parking

Medical/office car parking

Basement 2 Residential car parking

At ground level the development will consist of:

960m² of food/retail floor space (maximum 300m² of retail GFA) on the Scottsdale Drive frontage of the site; and

518m² of medical/office floor space to the rear of the site; and

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

137 Adopted Report

Page 138: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Figure 1. Building Elevations

The applicant is proposing a total of 272 car parking spaces within the development, which will be located at ground level and two (2) levels of basement. The car parking proposed is compliant with the requirements of the Plan of Development. The car parking spaces will be dispersed as follows: Residential - 177 Residential visitor - 22 Food/retail – 47 Medical/office - 26 5 SITE & SURROUNDING AREA The area of the site is 4719m² and is generally square in shape. The site has a single frontage to Scottsdale Drive, which is 75.1 metres in length. The topography of the site is generally flat, however the site has a gentle fall from north to south, with natural ground levels ranging from 20 metres AHD in the north to 14.5 metres AHD in the south.

There is a general mixed use character within the immediate vicinity, except for a residential community to the east consisting of detached dwellings.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

138 Adopted Report

Page 139: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 The following table is a description of the site context:

North Four (4) storey mixed use development (medical centre and accommodation premises)

South Vacant land, that is, Lot 2 on the proposed subdivision plan

East Residential community to the east consisting of detached dwellings

West Three (3) storey mixed use development (commercial premises and accommodation premises)

Image 1 Aerial of the subject site

6 FINAL DEVELOPMENT APPLICATIONS Final Development Applications are development applications specific to Robina and fall under the repealed P&E Act 1990. They are similar to a Material Change of use application; however they are not assessed against Council's planning scheme or the Sustainable Planning Act (SPA) but rather against the provisions of the Local Government (Robina Central Planning Agreement) Act (RCPA).

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

139 Adopted Report

Page 140: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 The RCPA includes an overall Master Plan which is broken into a number of precincts (each with their own planning intent). Each precinct has one or more development areas that are controlled by a specific "Plan of Development" that must be consistent with Master Plan and Precinct Intents. The Plan of Development is effectively the land use, design and building code for the area it covers.

7 PLANNING ASSESSMENT The subject site is located within the bounds of the Local Government (Robina Central Planning Agreement) Act 1992. Specifically the site is located in the Southern Vale Development Section 02 Plan of Development - P13 DS13-02.

The proposed use is identified within the Act as an Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office and Shop:.

2.1 The Planning Intent for the Southern Vale Precinct as set out in the RCPA is:

"Southern Vale is bounded by the arterial roads of Scottsdale Drive and Christine A venue and is located adjacent to the proposed southern sports fields. Much of the precinct will be suitable for a range of quality housing types and densities together with some office, showroom and business and service development occurring in a mixed-use combination. Other complementary uses include convenience shopping, childcare centres with education, cultural and community facilities also being appropriate. Generally, low to medium rise buildings are envisaged across the precinct."

2.2 The development intent for this Development Sections to provide a range of commercial uses including showrooms, business uses, service uses, shops and medical facilities together with residential components occurring in a mixed use combination. Generally low to medium rise buildings are envisaged across the precinct.

It is considered that the proposed development is in keeping with the intent of the Southern Vale Development Section 02 Plan of Development, as Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office and Shop are permitted uses within this area. In comparison to the current Gold Coast City Plan, when referring to medium rise building heights; it is considered that building heights of 9 to 32 metres can be considered appropriate under this administrative definition.

The proposed development is fully compliant with the car parking requirements of the Southern Vale Development Section 02 Plan of Development. A total of 272 car parking spaces have been proposed which are distributed between the residential, food and retail; and medical and office uses

The following planning inconsistencies with the relevant plan of development have been identified:

Height Section 5.3.6 states

‘The maximum permissible number of storeys of within the Development Section is five (5), with a maximum height of sixteen (16) metres to uppermost ceiling from adjacent natural ground surface. The maximum number of residential storeys permitted is four (4), being from the floor above ground floor, to the uppermost floor whilst development of a commercial nature is permitted to all five (5) storeys.’

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

140 Adopted Report

Page 141: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 Officer’s comments In accordance with Section 134 of the Robina Central Planning Agreement:

“Council may with the consent of Robina dispense with or modify any of the requirements or conditions therein if it considers a dispensation or modification is justified, having regard to:—

134.1 the existing development in the area;

134.2 the existing and likely future amenity of the area;

134.3 the nature of the proposed use;

134.4 the provisions of the Strategic Plan”

The proposal was referred to Robina Land Corporation and the then Divisional Councillor for review, as the application exceeded the nominated plan of development height. It was accepted by both parties that the development had sufficiently addressed the impacts on the surrounding developments caused by the additional height.

The proposal is for an eight (8) storey mixed use development consisting of six (6) residential storey’s and one (1) storey for Catering Business, Medical Centre, Office, Professional Office and Shop type land uses. There are also two levels of basement parking, with one of the basement levels being three (3) metres above natural ground level and constituting an additional storey.

To mitigate the impacts of the shadowing proposed as part of this development, the applicant has reduced the height of the building by 3 metres and amended the building design to lessen the impacts of shadowing on the adjoining properties to the rear.

The proposed changes have made minor improvements to the shadowing impacts on the rear lots, where possible the impacts on private open space within these lots have been reduced and the amenity impacts on these dwellings have lessened.

Council officers have reviewed the building height and it is considered that the development presents a quality architectural and urban design outcome and will contribute to the emerging character of the area. Although the height of the building exceeds the requirements stipulated within the plan of development by three (3) storeys, it is considered that the proposed generous setbacks and building articulation, serves to mitigate the impacts of the additional height. Furthermore, an analysis of the building height and the impacts of shadowing on the residences to the rear have determined that there will be no additional impacts on the amenity of these residences from the additional three (3) storeys.

As such, Council officers support the proposed building height.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

141 Adopted Report

Page 142: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 Site Coverage Section 5.3.5 (a) states:

‘The maximum building site coverage within the Development Section must not exceed fifty percent (50%) of the gross site area.’

Officer's comments Council officers have reviewed the proposed site coverage of 56% and consider that it is consistent with the site coverage of the commercial development to the north and west.

Although the site coverage of the development exceeds the requirements stipulated within the plan of development, it is considered that the applicant has ensured all setbacks are compliant with the plan of development and the building is of a high quality to sufficiently address the minor inconsistency with the requirements of the plan of development.

7.1 Assessment against relevant State Planning Regulatory Provisions – Not Applicable

7.2 Assessment against the State Planning Policy – Not Applicable 7.3 Assessment against the South East Queensland Regional Plan 2009-2031 – Not

Applicable 7.4 Assessment against relevant temporary local planning instruments – Not

Applicable 7.5 Assessment against relevant preliminary approvals – Not Applicable 7.6 Assessment against the Gold Coast City Plan – Not Applicable 7.7 Assessment against the Priority Infrastructure Plan – Not Applicable 8 REFERRALS 8.1 Internal Referrals – Applicable The application was referred to the following internal City specialists:

City Architect

Geotechnical Engineering

Gold Coast Water

Health and Regulatory Services

Hydraulics and Water Quality

Landscape Assessment

Open Space Assessment

Plumbing and Drainage

Subdivision Engineering

Transport Impact Assessment

Their assessment of the application forms part of this report.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 8.2 External Referrals – Not Applicable Concurrence agencies can impose conditions or direct the Assessment Manager to refuse an application. Advice agencies can recommend conditions and provide advice on the assessment of an application.

Referral of the application to a Concurrence Agency and/or an Advice Agency was not required

9 PUBLIC NOTIFICATION & SUBMISSIONS – Not Applicable Public notification of the application was not required.

10 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL – Not Applicable 11 CONCLUSION Council Officers have considered the applicant’s request for a development permit (Final Development Approval) at 46 Scottsdale Drive and have fully assessed the application against all relevant codes and criteria under the Southern Vale Development Section 02 Plan of Development - P13 DS13-02 of the Local Government (Robina Central Planning Agreement) Act 1992. As a result of a detailed assessment, officers consider the application warrants favourable support.

As such, it is recommended that the application be approved subject to relevant and reasonable conditions.

12 NOTIFICATIONS

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

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

Real property description Lot 606 on SP176393 Address of property 46 Scottsdale Drive Robina Area of property 4719m² Decision type Final Development Approval for Accommodation

Premises, Catering Business, Medical Centre, Office, Professional Office and Shop:

Further development permits Plumbing and Drainage, Sewerage and Water Further compliance permits Not applicable Compliance assessment required for documents or works

Acoustics, Geotechnical, Plumbing and Drainage, Building Work and Landscaping

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

NATURE OF DECISION

A Pursuant to Part 10 Section 4 of the Local Government (Robina Central Planning Agreement) Act 1992 and Delegated Authority No 394, Council approves the issue of a Final Development Approval for Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office and Shop:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by 5.1 B Pedestrian and Traffic

Network February 2016

BDA

5.2 B Shadow Analysis (Summer Solstice) (22 Dec)

February 2016

BDA

5.3 B Shadow Analysis (Equinox Vernal) (21 Mar / 23 Sep)

February 2016

BDA

5.4 B Shadow Analysis (Winter Solstice) (22 Jun)

February 2016

BDA

5.5 B Site Cover Calculations February 2016

BDA

6.4 B Refuse Collection (1) February 2016

BDA

6.5 B Refuse Collection (2) February 2016

BDA

6.6 B Materials & Colours February 2016

BDA

7.1 B Basement 2 Floor Plan February 2016

BDA

7.2 B Basement 1 Floor Plan February 2016

BDA

7.3 B Ground Floor Plan February 2016

BDA

7.4 B Level 1 Floor Plan February 2016

BDA

7.5 B Level 2-5 Floor Plan February 2016

BDA

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

7.6 B Level 6 Floor Plan February 2016

BDA

7.7 B Roof Plan February 2016

BDA

7.8 B Apartment Type A & B February 2016

BDA

7.9 B Apartment Type C & D February 2016

BDA

7.10 B Apartment Type E & F February 2016

BDA

7.11 B Apartment Type G & H February 2016

BDA

7.12 B Elevations (1) February 2016

BDA

7.13 B Elevations (2) February 2016

BDA

7.14 B Section A February 2016

BDA

7.15 B Section B February 2016

BDA

The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. Decision notice and approved plans/drawings to be 2 submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any operational works application relating to or arising from this development approval.

Timing As indicated within the wording of the condition.

Decision notice and approved plans/drawings to be 3 retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing At all times.

Resolution of conflict between conditions and plans 4 The conditions of this approval are to be read in conjunction with the attached stamped approved engineering drawings. Where a conflict occurs between the conditions of this approval and the stamped approved engineering drawings, the conditions of this approval shall take precedence.

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

AMENITY

No nuisance from lighting 5 All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to the residents located to the rear of the development.

Timing At all times.

BUILT FORM

Balconies and podiums to be unenclosed 6 All balconies and podium areas must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice.

Timing At all times once the use has commenced.

Screening to balconies 7 Balconies must incorporate operable sliding louvered a screens in accordance with the approved plans referred to in condition 1 of this decision notice. Operable sliding louvered privacy screens must be b incorporated into the balconies along the south eastern elevation.

Timing At all times once the use has commenced.

Location of equipment and ventilation/refrigeration units 8 All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.

Timing At all times once the use has commenced.

INFRASTRUCTURE FUNDING CONTRIBUTIONS

Water supply and sewerage headworks 9 The applicant shall make payment of contributions towards water supply headworks or sewerage headworks in accordance with Sections 36 and 59 of the Second Schedule of the Local Government (Robina Central Planning Agreement) Act 1992. The contributions will be calculated in accordance with the rates in force at the due date for payment.

Timing Payment is due prior to the issue of a certificate of classification for any building works.

ADVERTISING DEVICES

Advertising device approval required 10 No advertisement is to be exhibited on the premises without the necessary approval under Council’s Local Law 16 (Licensing) 2008 and Subordinate Local Law No. 16.8 (Advertisement) 2008. The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6668 to discuss approval requirements.

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

ENVIRONMENTAL HEALTH

Acoustic design and construction 11 The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works P/L dated 21 December 2015 (Reference No. 2015436 R05 46 Scottsdale Drive Robina RTN RAIL ENV). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

Timing Prior to Building Approval

Compliance report 12 An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to occupation

Acoustic barrier 13 A 2.0 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in the acoustic report prepared by Acoustic Works P/L dated 21 December 2015 (Reference No. 2015436 R05 46 Scottsdale Drive Robina RTN RAIL ENV).

Timing Prior to Building Approval

Air conditioning 14 Air conditioning must be provided to all road traffic noise affected units so as to ensure these units have adequate ventilation with a closed façade.

Timing Prior to Building Approval

Delivery and collection hours 15 Delivery and collection activities must be conducted between the hours of 7am to 6pm daily.

Timing At all times

Waste chute – design and construction 16 The waste chute must be located in accordance with Level Floor Plans prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below:

Adequate strength for its purpose, including additional a reinforcing where necessary at joins, bends and hopper intersections, Insect and vermin proof b Constructed and installed to prevent the following c

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

during use and operation of the system: Transmission of vibration to the structure of the i premises Excessive odour ii Excessive noise to the occupants of the building iii

Installed in a fire rated duct and ventilated in d compliance with building requirements of the Building Code of Australia Comply with the waste chute manufacturer’s technical e specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section Fitted with a shutter at the base of the chute for closing f off the chute manually during bin exchange and automatically in the case of fire

Waste disposal points – design and construction 17 A waste disposal point / hopper must be located on each residential floor in accordance with Level Floor Plans prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

Located to ensure the handle of the hopper is at least a 1200 millimetres above finished floor level Hopper door must automatically return to the closed b position after use Designed to permit free flow of waste into the chute c Constructed so that the diameter or largest dimension d of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected The floor adjacent to the hopper to be paved with a e durable impervious material with a smooth finished surface

Timing Prior to Building Approval

Waste storage room – design and construction 18 The waste storage room must be located in accordance with the Basement 1 Floor Plan prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

Fire rated and ventilated in accordance with the a Building Code of Australia Insect and vermin proof b

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

The doors must be wide enough to allow for the easy c removal of the largest container to be stored The walls, ceiling, floor and equipment of each waste d storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning The floor must be a constructed hardstand area and e graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements Adequate additional space must be provided for f compactors (if applicable) Adequate artificial lighting must be provided g Refrigerated rooms must be fitted with an approved h alarm device outside, but controllable only from within the room Must not be located adjacent to or within any habitable i portion of a building or place used in connection with food preparation (including food storage) A hose cock must be provided immediately outside the j room for cleaning bins and the room Must permit unobstructed access for removal of the k containers to the service point and for positioning of the containers correctly in relation to the waste chute

Bulk bins – servicing point 19 The bulk bin servicing point must be located in accordance with the Ground Floor Plan prepared by BDA Architects P/L dated February 2016, and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

Sufficient access and clearance for the waste collection a vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle Clearly separated from car parking bays, loading bays, b footpaths and pedestrian access, and any other similar areas Clear of speed control devices or similar provisions c which inhibit direct access to the bins for servicing Constructed hardstand with a solid concrete base or d acceptable equivalent Positioned on a level pad within the site, not more than e five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway Not be situated within twenty (20) metres of an f intersection (including opposite a T-intersection) or roundabout

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Allow for at least an additional 0.5 metres clearance g surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser Screened to minimise the view of bins from h neighbouring properties, or passing vehicles and pedestrian traffic external to the site

Additional Recyclable Storage 20 Adequate storage for recyclable waste must be provided. All users must be able to safely and easily access these areas. Advisory Notes The operation shall comply with the Food Act 2006 and

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

A Trade Waste Approval is required for the discharge of trade waste to the sewer. The applicant shall ensure that all discharges are in accordance with Gold Coast Water liquid waste requirements. Further information may be obtained from Gold Coast Water on 1300 000 928.

Timing Prior to occupation

ELECTRICAL RETICULATION

Electricity supply 21 The applicant must submit to Council a copy of the a ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots. In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected. Any existing overhead electricity lines up to and c including 11kV lines within or bounding the site (i.e. along the adjacent verge of Scottsdale Drive) must be removed or placed underground.

Timing Prior to the commencement of the use

TELECOMMUNICATIONS

Telecommunications – MCU/FDA 22 The applicant must:

Provide underground telecommunications to the subject a building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

Timing Prior to commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

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

CAR PARKING AND ACCESS

Off street car parking facilities 23 Off-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for b vehicle parking. A minimum combined total of 227 off-street car parking c spaces must be provided, where at least 132 spaces are provided for residents, at least 22 spaces are provided for residential visitors and at least 73 spaces are provided for commercial uses. Off-street car parking facilities must be drained, sealed d and line marked.

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

Tandem car parking spaces 24 Tandem car parking spaces must be allocated to residents of the same unit only.

Timing At all times.

Commercial/Visitor car parking spaces 25 Commercial/visitor car parking spaces must be clearly identifiable through the provision of appropriate line marking and signage and constructed to the satisfaction of the Chief Executive Officer.

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

Freely accessible commercial/visitor car parking 26 All commercial/visitor car parking must be accessible, a not subject to regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Commercial/visitor car parking must have no gateways, b doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces. Commercial/visitor car parking must be clearly c identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Bicycle parking 27 Bicycle parking facilities must be provided to the a satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with:

A minimum of 34 Class 2 bicycle parking spaces i for residents; A minimum of 10 Class 2 bicycle parking spaces ii for staff; and A minimum of 6 Class 3 bicycle parking spaces iii for visitors. Cycling Aspects of Austroads Guides; and iv AS2890.3. v

The bicycle parking spaces are to: b Enable wheels and frame to be located to the i device without damaging the bicycle; Be located outside pedestrian movement paths; ii Be accessible from the road; iii Be arranged so that parking and unparking iv manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles v and opening car doors; Be as close as possible to the cyclists ultimate vi destination; Be well lit by appropriate existing or new lighting; vii and Be protected from the weather. viii

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

Loading and unloading 28 Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear. The largest vehicle permitted on-site is a 10.2 m front-d loading Waste Collection Vehicle.

Timing At all times.

Off-street commercial vehicle facilities 29 Off-street commercial vehicle facilities must be a designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must only be b used for loading and unloading. Off-street commercial vehicle facilities must be drained, c sealed and line marked.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Signs and line marking 30 In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council:

Signage, located within the site, visible to entering a vehicles, including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording giving direction to additional commercial and visitor parking being located within Basement Level 1. Signage, located with Basement Level 1, in proximity to b car parking for residential visitors and staff/patrons of the Medical Centre/Office tenancies, giving direction to the location of passenger lifts. Signs and line marking to identify persons with c disabilities parking (AS2890.6). Signs and line marking to give direction to bicycle d parking for staff, to be visible to cyclists upon entering the site, in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

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

Sight lines to pedestrians 31 Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.

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

Footpaths 32 The applicant must design and construct concrete a footpaths as follows: i 1.2 m wide path linking the site’s pedestrian entry

to the existing path located within the verge of Scottsdale Drive.

The applicant must apply for and obtain a development b permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Timing Prior to the commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

MANAGEMENT OF STREET TREES

Management of retained street trees 33 The applicant must ensure:

All existing street trees identified within public road a reserve must be managed during construction activities to avoid any of the following:

Structural damage to the tree; i Compaction of the root plate; ii Filling of soil within the drip zone; and iii Long-term harm to the health of the tree. iv

Timing At all times during construction.

Existing trees retained during the construction of the b development that die, are visibly dying or are structurally compromised as a result of:

Filling to their root zones; or i Damage to their trunks; or ii Change to the natural flows of water in the site; or iii For any other reason; iv

are removed by a suitably qualified tree surgeon in a manner that minimises damage to other street trees and replaced by trees of the same species and a similar size. This approval does not approve vegetation clearing or c damage. A development application for Operational Work (Vegetation Works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation (i.e. street trees).

Timing Compliance with (b) prior to commencement of the use.

Provide a certification report from the project arborist d detailing that all works were undertaken in accordance with Australian Standard AS4970 - 2009 Protection of trees on development sites, industry best standards and the approved vegetation management plan and/or arboricultural report.

Timing Compliance with (d) prior to commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

Detailed landscape plan to be submitted for approval 34 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii Landscape Intent, being Dwg: LA156301-LC01,

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

154 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Rev: A, Title: Landscape Concept Package, Date: 18.12.15, By: Cardno; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; Comply with Planning Scheme Policy 13 – iv Landscape Strategy Part 2 – Landscape Works Documentation Manual; and Demonstrate compliance with the following: v A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litres at the time of planting;

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

C An automatic irrigation system must be provided to the trellis plants and all podium planting;

D The easement area at the rear of the site must be densely planted with 100 litre specimens of Syzygium ‘Hinterland Gold’ or similar;

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

F The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

Frontage Fencing 35 Any frontage fencing for this development must comply with one of, or a combination of, the following:

The fence is not forward of the building line; or a The fence is set back a minimum 600mm within the site b boundary and screen shrub plantings are incorporated between the fence and the boundary; or The fence includes articulations measuring minimum c 600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations; or

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

155 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

The fence is of pool type or similar and screen shrub d plantings are included immediately internal to the fence to provide privacy.

Trellises and Arbors 36

The applicant must submit with the application for operational works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis and/or arbor systems. The management plan must:

Provide detailed information as to how the irrigation and a nutritional requirements of these vegetative systems will be met in accordance with best horticultural practices; Stipulate a maintenance schedule for these systems; b Describe actions to be taken if the systems should fail c to function as intended.

Timing In the wording of the condition.

GEOTECHNICAL

Preparation of basement excavation stability assessment 37 report A basement excavation stability assessment report (geotechnical report) must be prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The report must:

Include a stability assessment of the basement a excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must:

Be based on existing geotechnical conditions of i the site; Refer to specific engineering drawings and cross-ii sections; and Inlcude detailed stability calculations iii demonstrating that the proposed batters or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than or equal to 1.5 against geotechnical failure (e.g. sliding, rotational failure, slip circle failure etc.);

Address the effects of any dewatering on the potential b settlements and lateral movements of the adjacent structures, properties and underground services; Assess suitability of the proposed basement excavation c methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve; Identify the overall potential adverse effects of the d proposed basement excavation and dewatering on the stability and integrity of the adjacent

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

156 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

properties/structures in terms of their total predicted vertical and lateral movements; Include a site-monitoring plan: e

For the entire construction period and a post-i construction period of at least three months in order to ensure no adverse impact on the stability and integrity of the adjacent properties/structures; Which includes plans and cross-sectional ii drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and Which includes a contingency plan in the event iii that instability of the adjacent properties/structures arises or is detected during the construction period;

Include certification from a RPEQ specialising in f geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than or equal to 1.5 against geotechnical failure; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures; and Confirm that the structural integrity of any existing water g and sewerage infrastructure assets that are owned and operated by Gold Coast Water or Link Water, traversing the site is maintained due to the proposed basement excavation over the site.

Compliance assessment of basement excavation stability 38 assessment report The basement excavation stability assessment report (geotechnical report) is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed The planning scheme’s Steep Slopes or Unstable Soils

Constraint Code; The planning scheme’s Changes to Ground Level and

Creation of New Waterbodies Specific Development Code;

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

157 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Planning Scheme Policy 11 – Land Development Guidelines; and

Link Water’s Consent Guidelines – June 2009. Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site. The basement excavation stability assessment report is not an approved report until a compliance certificate has been issued in respect of it. Compliance certificate with future building work 39 development applications A copy of the compliance certificate for the basement excavation stability assessment report must be provided with any future building works development applications. Basement excavation and associated drawings are 40 consistent with geotechnical report The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved geotechnical report.

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

Basement excavation and dewatering must be carried 41 out in accordance with geotechnical report All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved geotechnical report.

Timing At all times while basement excavation/construction works are occurring on site.

Basement excavation and ground anchoring issues 42 In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority.

Written confirmation signed by the applicant or the a applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or If the proposed basement excavation does require b ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to

Timing In conjunction with any application seeking a development permit for building works.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

158 Adopted Report

Page 159: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note:

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

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

HYDRAULICS AND STORMWATER MANAGEMENT

No worsening of hydraulic conditions 43 The development must be designed and constructed so as to result in:

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

Timing At all times.

Alteration of overland flow paths 44 Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing At all times.

Stormwater management plan to be complied with 45 The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “46 Scottsdale Drive, Robina – Conceptual Stormwater Management Plan, Version No. 00” dated 21 December 2015 prepared by Burchills Engineering Solutions.

Timing The certification must be submitted prior to the commencement of the use of the premises.

GPT in basement car park 46 A gross pollutant trap (hydrocarbon and litter separator) a must be installed within the underground car park areas to treat water prior to discharging to the existing Council

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

159 Adopted Report

Page 160: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

stormwater network. Any designated carwash bay will require a trade waste b approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.

Agreement to remove hydrocarbons for GPT 47 The applicant must ensure that: a

Hydrocarbons and other waste captured by the i gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and The gross pollutant trap is maintained so that it ii functions for its intended purpose.

The applicant must submit to Council evidence that an b agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition.

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

Maintenance of stormwater management devices 48 A stormwater management devices maintenance a management plan must be prepared by a qualified professional engineer (RPEQ or equivalent) in accordance with the approved stormwater management plan and the Council’s Land Development Guidelines. The above maintenance management plan must be b incorporated in to the body corporate by-laws.

Timing Compliance with (a) and (b) to occur prior to the commencement of the use of the premises.

The stormwater management devices must be c monitored and maintained by the body corporate or their agent for the entire life of the development at no cost to Council.

Timing At all times.

Erosion and sediment control 49 Erosion, sediment and dust control measures must be a implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. All polluted/contaminated water from the site, including d dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out e

Timing During construction / building works.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

160 Adopted Report

Page 161: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

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

Preparation of dewatering management plan 50 Should the basement excavation intercept groundwater (water table), a dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, October 2014) and include (but not limited to) the following:

Purpose of dewatering (ie an explanation of why a dewatering is necessary); Dewatering technique (i.e. wellpoint, deep well, open b hole etc.); Anticipated dewatering flow rate and total dewatering c duration; Controls (i.e. settling tank, turbidity curtain etc.) and d method of effluent discharge; Measures and techniques to manage noise, vibration e and odour issues; Measures and techniques to manage geotechnical f stability issues; Contingency plan in case of emergency situation; g If dewatering conducted in a contaminated area, h engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2; A monitoring program to ensure that effluent will comply i with applicable water quality release standards described in Tables 1 & 2 of the guidelines; Baseline assessment of the existing environment (eg j fauna, water quality) that will receive the discharge; A strategy for monitoring and managing any impacts k during the life and after the closure of the project; The point of discharge to the storm water system and to l any waterway or water body; A hydrogeological and hydrological assessment of the m project area to estimate quantity and quality of water to

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

161 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

be discharged; Verification that the quality of discharge water will n comply with the receiving water duration and frequency of the discharge; Seasonal variability of the receiving water quality; o Assessment of the viability of treating or recycling the p wastewater.

All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’. Compliance assessment of dewatering management plan 51 The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy (DSDIP, July 2014); The City Plan - Changes to Ground Level and Creation of

New Waterways Development Code; The City Plan Policy – Acid Sulfate Soils Management;

and Guidelines for Dewatering Management Plan (CoGC,

October 2014). Compliance assessor: Council of the City of Gold Coast When the request for compliance assessment must be made Prior to the earlier of: A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work 52 development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application. Works must be carried out in accordance with the 53 approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

162 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

PLUMBING AND DRAINAGE

Application for compliance permit for sewerage works 54 required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b

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

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

Information note:

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

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

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

Application for compliance permit for water supply 55 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b Guidelines.

Information note:

Timing Prior to works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

163 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Application for compliance permit for fire services 56 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

GOLD COAST WATER

SEWERAGE

Sewer reticulation 57 The development site must be connected to Council’s a sewer reticulation system at no cost to Council. The size of the sewer property service connection shall b be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to commencement of the use of the premises.

Design, construction and standard of sewer reticulation 58 The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

Connection point 59 The existing 150mm main inside the rear boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

Connection and disconnection – arrangements with Gold 60 Coast Water Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection and/or disconnection to existing infrastructure.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

164 Adopted Report

Page 165: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

No building work over or within Council easements and 61 minimum distance from Council infrastructure

No building work is permitted over or within any Council a public utility easements. All proposed buildings and structures must be located a b minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water. in accordance with Section 1.7.1 SEQ-BOAA-S1 Maintenance Hole/Shaft Clearance Requirements of the Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing At all times during works and then maintained.

Redundant Sewer Property Connection(s) 62 The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. The decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing Prior to commencement of the use of the premises.

WATER SUPPLY RETICULATION

Water supply reticulation 63 The development must be connected to Council’s water a supply reticulation system at no cost to Council. The applicant is responsible for any external works b necessary to connect to Council’s potable water reticulation system.

Timing Prior to commencement of the use of the premises.

Design, construction and standard of water supply 64 reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

Connection point 65 The existing 150mm main in Scottsdale Drive must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

Installation of property service, water meter box and 66 meter

The applicant must: Submit an Operational Works (OPW) application, for a Council’s approval, for water meters 100mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s

Timing Prior to commencement of the use of the premises.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

165 Adopted Report

Page 166: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for Gold Coast Water to remove any c redundant water meters and/or services, at the applicant's cost. The removal must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Individual sub-metering to be provided 67 The applicant shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.

All meters and their locations shall be approved by a Plumbing and Drainage. Automatic Meter Reading (AMR) technology shall be b utilised where free access for meter reading cannot be provided. For high-rise complexes, sub-meters shall be installed in c common areas such as stairwell landings or beside the elevator shaft. For high-rise developments, the developer shall furnish d the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily. The sub-metering arrangement must comply with Gold e Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing At the time of lodgement of the Plumbing and Drainage application.

Connection and disconnection – arrangements with Gold 68 Coast Water

Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection and/or disconnection to existing infrastructure.

Completion of external connections 69

The external water connection (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be

Timing Prior to commencement of the use of the premises.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

166 Adopted Report

Page 167: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

completed in accordance with the connection application as approved by Gold Coast Water. Supply standard 70

The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing At all times.

Fire loading 71

Fire loading must not exceed 30 L/s for 4 hours duration unless otherwise approved by Gold Coast Water.

Timing At all times.

Potable Water Supply – Maximum Offtake from Council's 72 Water Network The maximum instantaneous offtake flow for Multi Residential Dwellings and Commercial/Industrial Development shall be in accordance with Table 4.1 of Gold Coast Water Network Modifications, Extension and Connections Policy Procedure. Advice note: The applicant shall determine the expected maximum domestic flow rate and any on-site storage that may be required should that flow rate exceed the maximum allowable.

Timing Prior to submission of hydraulic calculations for Building Works.

Ownership, operation and maintenance of private water 73 infrastructure Private water reticulation located within the development site (including private booster pump) shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing At all times

ADVISORY NOTES TO APPLICANT

A Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

B Applicant responsibilities

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

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

b Providing any notifications required by law (by way of example only, to notify the

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

167 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

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

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

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

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

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

C Obligation to ensure electrical safety

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

Author: Authorised by:

Kevin Travers Dyan Currie Senior Town Planner Director Planning and Environment March 2016

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Committee Recommendation Adopted At Council 22 April 2016 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0419.002 moved Cr Gates seconded Cr O'Neill That Council resolves as follows:

Real property description Lot 606 on SP176393 Address of property 46 Scottsdale Drive Robina Area of property 4719m² Decision type Final Development Approval for Accommodation

Premises, Catering Business, Medical Centre, Office, Professional Office and Shop:

Further development permits Plumbing and Drainage, Sewerage and Water Further compliance permits Not applicable Compliance assessment required for documents or works

Acoustics, Geotechnical, Plumbing and Drainage, Building Work and Landscaping

NATURE OF DECISION

A Pursuant to Part 10 Section 4 of the Local Government (Robina Central Planning Agreement) Act 1992 and Delegated Authority No 394, Council approves the issue of a Final Development Approval for Accommodation Premises, Catering Business, Medical Centre, Office, Professional Office and Shop:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by 5.1 B Pedestrian and Traffic Network February 2016 BDA 5.2 B Shadow Analysis (Summer

Solstice) (22 Dec) February 2016 BDA

5.3 B Shadow Analysis (Equinox Vernal) (21 Mar / 23 Sep)

February 2016 BDA

5.4 B Shadow Analysis (Winter Solstice) (22 Jun)

February 2016 BDA

5.5 B Site Cover Calculations February 2016 BDA 6.4 B Refuse Collection (1) February 2016 BDA 6.5 B Refuse Collection (2) February 2016 BDA 6.6 B Materials & Colours February 2016 BDA 7.1 B Basement 2 Floor Plan February 2016 BDA

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 7.2 B Basement 1 Floor Plan February 2016 BDA 7.3 B Ground Floor Plan February 2016 BDA B Level 1 Floor Plan February 2016 BDA 7.5 B Level 2-5 Floor Plan February 2016 BDA 7.6 B Level 6 Floor Plan February 2016 BDA 7.7 B Roof Plan February 2016 BDA 7.8 B Apartment Type A & B February 2016 BDA 7.9 B Apartment Type C & D February 2016 BDA 7.10 B Apartment Type E & F February 2016 BDA 7.11 B Apartment Type G & H February 2016 BDA 7.12 B Elevations (1) February 2016 BDA 7.13 B Elevations (2) February 2016 BDA 7.14 B Section A February 2016 BDA 7.15 B Section B February 2016 BDA

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

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

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

Timing At all times.

AMENITY

5 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

as not to cause glare or other nuisance to the residents located to the rear of the development.

BUILT FORM

6 Balconies and podiums to be unenclosed All balconies and podium areas must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice.

Timing At all times once the use has commenced.

7 Screening to balconies a Balconies must incorporate operable sliding louvered

screens in accordance with the approved plans referred to in condition 1 of this decision notice.

b Operable sliding louvered privacy screens must be incorporated into the balconies along the south eastern elevation.

Timing At all times once the use has commenced.

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

Timing At all times once the use has commenced.

INFRASTRUCTURE FUNDING CONTRIBUTIONS

9 Water supply and sewerage headworks The applicant shall make payment of contributions towards water supply headworks or sewerage headworks in accordance with Sections 36 and 59 of the Second Schedule of the Local Government (Robina Central Planning Agreement) Act 1992. The contributions will be calculated in accordance with the rates in force at the due date for payment.

Timing Payment is due prior to the issue of a certificate of classification for any building works.

ADVERTISING DEVICES

10 Advertising device approval required No advertisement is to be exhibited on the premises without the necessary approval under Council’s Local Law 16 (Licensing) 2008 and Subordinate Local Law No. 16.8 (Advertisement) 2008. The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6668 to discuss approval requirements.

Timing At all times.

ENVIRONMENTAL HEALTH

11 Acoustic design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works P/L dated 21

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

December 2015 (Reference No. 2015436 R05 46 Scottsdale Drive Robina RTN RAIL ENV). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

12 Compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to occupation

13 Acoustic barrier A 2.0 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in the acoustic report prepared by Acoustic Works P/L dated 21 December 2015 (Reference No. 2015436 R05 46 Scottsdale Drive Robina RTN RAIL ENV).

Timing Prior to Building Approval

14 Air conditioning Air conditioning must be provided to all road traffic noise affected units so as to ensure these units have adequate ventilation with a closed façade.

Timing Prior to Building Approval

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

Timing At all times

16 Waste chute – design and construction The waste chute must be located in accordance with Level Floor Plans prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional

reinforcing where necessary at joins, bends and hopper intersections,

b Insect and vermin proof c Constructed and installed to prevent the following

during use and operation of the system: i Transmission of vibration to the structure of the

premises ii Excessive odour iii Excessive noise to the occupants of the building

d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Code of Australia e Comply with the waste chute manufacturer’s technical

specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section

f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire

17 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with Level Floor Plans prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least

1200 millimetres above finished floor level b Hopper door must automatically return to the closed

position after use c Designed to permit free flow of waste into the chute d Constructed so that the diameter or largest dimension

of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected

e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface

Timing Prior to Building Approval

18 Waste storage room – design and construction The waste storage room must be located in accordance with the Basement 1 Floor Plan prepared by BDA Architects P/L dated February 2016, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Fire rated and ventilated in accordance with the

Building Code of Australia b Insect and vermin proof c The doors must be wide enough to allow for the easy

removal of the largest container to be stored d The walls, ceiling, floor and equipment of each waste

storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning

e The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

in accordance with trade waste requirements f Adequate additional space must be provided for

compactors (if applicable) g Adequate artificial lighting must be provided h Refrigerated rooms must be fitted with an approved

alarm device outside, but controllable only from within the room

i Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage)

j A hose cock must be provided immediately outside the room for cleaning bins and the room

k Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute

19 Bulk bins – servicing point The bulk bin servicing point must be located in accordance with the Ground Floor Plan prepared by BDA Architects P/L dated February 2016, and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

d Constructed hardstand with a solid concrete base or acceptable equivalent

e Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway

f Not be situated within twenty (20) metres of an intersection (including opposite a T-intersection) or roundabout

g Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

h Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site

Timing Prior to Building Approval

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 20 Additional Recyclable Storage

Adequate storage for recyclable waste must be provided. All users must be able to safely and easily access these areas. Advisory Notes

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

• A Trade Waste Approval is required for the discharge of trade waste to the sewer. The applicant shall ensure that all discharges are in accordance with Gold Coast Water liquid waste requirements. Further information may be obtained from Gold Coast Water on 1300 000 928.

Timing Prior to occupation

ELECTRICAL RETICULATION

21 Electricity supply a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots.

b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected.

c Any existing overhead electricity lines up to and including 11kV lines within or bounding the site (i.e. along the adjacent verge of Scottsdale Drive) must be removed or placed underground.

Timing Prior to the commencement of the use

TELECOMMUNICATIONS

22 Telecommunications – MCU/FDA The applicant must: a Provide underground telecommunications to the subject

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

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

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

Timing Prior to commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

CAR PARKING AND ACCESS

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

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

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

c A minimum combined total of 227 off-street car parking spaces must be provided, where at least 132 spaces are provided for residents, at least 22 spaces are provided for residential visitors and at least 73 spaces are provided for commercial uses.

d Off-street car parking facilities must be drained, sealed and line marked.

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

24 Tandem car parking spaces Tandem car parking spaces must be allocated to residents of the same unit only.

Timing At all times.

25 Commercial/Visitor car parking spaces Commercial/visitor car parking spaces must be clearly identifiable through the provision of appropriate line marking and signage and constructed to the satisfaction of the Chief Executive Officer.

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

26 Freely accessible commercial/visitor car parking a All commercial/visitor car parking must be accessible,

not subject to regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site.

b Commercial/visitor car parking must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces.

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

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

27 Bicycle parking a Bicycle parking facilities must be provided to the

satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with: i A minimum of 34 Class 2 bicycle parking spaces

for residents; ii A minimum of 10 Class 2 bicycle parking spaces

for staff; and

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

iii A minimum of 6 Class 3 bicycle parking spaces for visitors.

iv Cycling Aspects of Austroads Guides; and v AS2890.3.

b The bicycle parking spaces are to: i Enable wheels and frame to be located to the

device without damaging the bicycle; ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking

manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles

and opening car doors; vi Be as close as possible to the cyclists ultimate

destination; vii Be well lit by appropriate existing or new lighting;

and viii Be protected from the weather.

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

development must be conducted wholly within the site. b A vehicle or vehicles waiting to be loaded or unloaded

must stand entirely within the site. c All vehicles must enter and exit the site in a forward

gear. d The largest vehicle permitted on-site is a 10.2 m front-

loading Waste Collection Vehicle.

Timing At all times.

29 Off-street commercial vehicle facilities a Off-street commercial vehicle facilities must be

designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version).

b Off-street commercial vehicle facilities must only be used for loading and unloading.

c Off-street commercial vehicle facilities must be drained, sealed and line marked.

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

30 Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a Signage, located within the site, visible to entering

vehicles, including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Queensland – Part 15, accompanied with wording giving direction to additional commercial and visitor parking being located within Basement Level 1.

b Signage, located with Basement Level 1, in proximity to car parking for residential visitors and staff/patrons of the Medical Centre/Office tenancies, giving direction to the location of passenger lifts.

c Signs and line marking to identify persons with disabilities parking (AS2890.6).

d Signs and line marking to give direction to bicycle parking for staff, to be visible to cyclists upon entering the site, in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

31 Sight lines to pedestrians Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.

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

32 Footpaths a The applicant must design and construct concrete

footpaths as follows: i 1.2 m wide path linking the site’s pedestrian entry

to the existing path located within the verge of Scottsdale Drive.

b The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Timing Prior to the commencement of the use.

MANAGEMENT OF STREET TREES

33 Management of retained street trees The applicant must ensure: a All existing street trees identified within public road

reserve must be managed during construction activities to avoid any of the following: i Structural damage to the tree; ii Compaction of the root plate; iii Filling of soil within the drip zone; and iv Long-term harm to the health of the tree.

Timing At all times during construction.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

b Existing trees retained during the construction of the development that die, are visibly dying or are structurally compromised as a result of: i Filling to their root zones; or ii Damage to their trunks; or iii Change to the natural flows of water in the site; or iv For any other reason; are removed by a suitably qualified tree surgeon in a manner that minimises damage to other street trees and replaced by trees of the same species and a similar size.

c This approval does not approve vegetation clearing or damage. A development application for Operational Work (Vegetation Works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation (i.e. street trees).

Timing Compliance with (b) prior to commencement of the use.

d Provide a certification report from the project arborist detailing that all works were undertaken in accordance with Australian Standard AS4970 - 2009 Protection of trees on development sites, industry best standards and the approved vegetation management plan and/or arboricultural report.

Timing Compliance with (d) prior to commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

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

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

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

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

Landscape Intent, being Dwg: LA156301-LC01, Rev: A, Title: Landscape Concept Package, Date: 18.12.15, By: Cardno;

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

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

v Demonstrate compliance with the following: A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litres at the time of planting;

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

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

C An automatic irrigation system must be provided to the trellis plants and all podium planting;

D The easement area at the rear of the site must be densely planted with 100 litre specimens of Syzygium ‘Hinterland Gold’ or similar;

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

F The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

35 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The fence is not forward of the building line; or b The fence is set back a minimum 600mm within the site

boundary and screen shrub plantings are incorporated between the fence and the boundary; or

c The fence includes articulations measuring minimum 600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations; or

d The fence is of pool type or similar and screen shrub plantings are included immediately internal to the fence to provide privacy.

Timing At all times.

36 Trellises and Arbors The applicant must submit with the application for operational works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis and/or arbor systems. The management plan must: a Provide detailed information as to how the irrigation and

nutritional requirements of these vegetative systems will be met in accordance with best horticultural practices;

b Stipulate a maintenance schedule for these systems;

Timing In the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

c Describe actions to be taken if the systems should fail to function as intended.

GEOTECHNICAL

37 Preparation of basement excavation stability assessment report A basement excavation stability assessment report (geotechnical report) must be prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The report must: a Include a stability assessment of the basement

excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must: i Be based on existing geotechnical conditions of

the site; ii Refer to specific engineering drawings and cross-

sections; and iii Inlcude detailed stability calculations

demonstrating that the proposed batters or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than or equal to 1.5 against geotechnical failure (e.g. sliding, rotational failure, slip circle failure etc.);

b Address the effects of any dewatering on the potential settlements and lateral movements of the adjacent structures, properties and underground services;

c Assess suitability of the proposed basement excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve;

d Identify the overall potential adverse effects of the proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements;

e Include a site-monitoring plan: i For the entire construction period and a post-

construction period of at least three months in order to ensure no adverse impact on the stability and integrity of the adjacent properties/structures;

ii Which includes plans and cross-sectional drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

iii Which includes a contingency plan in the event that instability of the adjacent properties/structures arises or is detected during the construction period;

f Include certification from a RPEQ specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than or equal to 1.5 against geotechnical failure; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures; and

g Confirm that the structural integrity of any existing water and sewerage infrastructure assets that are owned and operated by Gold Coast Water or Link Water, traversing the site is maintained due to the proposed basement excavation over the site.

38 Compliance assessment of basement excavation stability assessment report The basement excavation stability assessment report (geotechnical report) is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • The planning scheme’s Steep Slopes or Unstable Soils

Constraint Code; • The planning scheme’s Changes to Ground Level and

Creation of New Waterbodies Specific Development Code; • Planning Scheme Policy 11 – Land Development

Guidelines; and • Link Water’s Consent Guidelines – June 2009. Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site. The basement excavation stability assessment report is not an approved report until a compliance certificate has been issued in respect of it.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 39 Compliance certificate with future building work

development applications A copy of the compliance certificate for the basement excavation stability assessment report must be provided with any future building works development applications.

40 Basement excavation and associated drawings are consistent with geotechnical report The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved geotechnical report.

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

41 Basement excavation and dewatering must be carried out in accordance with geotechnical report All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved geotechnical report.

Timing At all times while basement excavation/construction works are occurring on site.

42 Basement excavation and ground anchoring issues In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority. a Written confirmation signed by the applicant or the

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

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

Advisory note: • The installation of any ground anchors into any adjacent private

property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

• The installation of any ground anchors into any adjacent State

Timing In conjunction with any application seeking a development permit for building works.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

HYDRAULICS AND STORMWATER MANAGEMENT

43 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site

that could cause loss or damage.

Timing At all times.

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

Timing At all times.

45 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “46 Scottsdale Drive, Robina – Conceptual Stormwater Management Plan, Version No. 00” dated 21 December 2015 prepared by Burchills Engineering Solutions.

Timing The certification must be submitted prior to the commencement of the use of the premises.

46 GPT in basement car park a A gross pollutant trap (hydrocarbon and litter separator)

must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.

Timing At all times.

b Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.

47 Agreement to remove hydrocarbons for GPT a The applicant must ensure that:

i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and

ii The gross pollutant trap is maintained so that it functions for its intended purpose.

b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

removal entity for the removal of hydrocarbons/waste in accordance with this condition.

48 Maintenance of stormwater management devices a A stormwater management devices maintenance

management plan must be prepared by a qualified professional engineer (RPEQ or equivalent) in accordance with the approved stormwater management plan and the Council’s Land Development Guidelines.

b The above maintenance management plan must be incorporated in to the body corporate by-laws.

Timing Compliance with (a) and (b) to occur prior to the commencement of the use of the premises.

c The stormwater management devices must be monitored and maintained by the body corporate or their agent for the entire life of the development at no cost to Council.

Timing At all times.

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

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

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

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

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

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

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

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

Timing During construction / building works.

50 Preparation of dewatering management plan Should the basement excavation intercept groundwater (water table), a dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

185 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Management Plan (CoGC, October 2014) and include (but not limited to) the following: a Purpose of dewatering (ie an explanation of why

dewatering is necessary); b Dewatering technique (i.e. wellpoint, deep well, open

hole etc.); c Anticipated dewatering flow rate and total dewatering

duration; d Controls (i.e. settling tank, turbidity curtain etc.) and

method of effluent discharge; e Measures and techniques to manage noise, vibration

and odour issues; f Measures and techniques to manage geotechnical

stability issues; g Contingency plan in case of emergency situation; h If dewatering conducted in a contaminated area,

engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2;

i A monitoring program to ensure that effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines;

j Baseline assessment of the existing environment (eg fauna, water quality) that will receive the discharge;

k A strategy for monitoring and managing any impacts during the life and after the closure of the project;

l The point of discharge to the storm water system and to any waterway or water body;

m A hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged;

n Verification that the quality of discharge water will comply with the receiving water duration and frequency of the discharge;

o Seasonal variability of the receiving water quality; p Assessment of the viability of treating or recycling the

wastewater. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

51 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

accordance with the following: Matters or things against which the document must be assessed • State Planning Policy (DSDIP, July 2014); • The City Plan - Changes to Ground Level and Creation of

New Waterways Development Code; • The City Plan Policy – Acid Sulfate Soils Management;

and • Guidelines for Dewatering Management Plan (CoGC,

October 2014). Compliance assessor: Council of the City of Gold Coast When the request for compliance assessment must be made Prior to the earlier of: • A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

• Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.

52 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.

53 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

CONSTRUCTION MANAGEMENT

54 Construction management plan Part A Construction Management Requirements

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

b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The approved construction

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

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

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

v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.

c The construction management plan must demonstrate that: i the general public will be adequately protected

from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iv demand for occupation of the street and

protection of Council assets will be well managed. d The approved construction management plan must be

complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

f Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

g Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

management plan must be complied with and kept on-site at all times during construction works.

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Part C Dust management h The release of dust and particulate matter from

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

i A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

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

emissions; iii identify the measures and work practices that will

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

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

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

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

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

PLUMBING AND DRAINAGE

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

works within the property; b comply with Council’s:

i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

Guidelines); and c comply with Council’s Waste Management Policy

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

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

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

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

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

services within the property; and b comply with Section 7 of Council’s Land Development

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

Timing Prior to works occurring.

57 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

190 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

GOLD COAST WATER

SEWERAGE 58 Sewer reticulation

a The development site must be connected to Council’s sewer reticulation system at no cost to Council.

b The size of the sewer property service connection shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to commencement of the use of the premises.

59 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

60 Connection point The existing 150mm main inside the rear boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

61 Connection and disconnection – arrangements with Gold Coast Water Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection and/or disconnection to existing infrastructure.

62 No building work over or within Council easements and minimum distance from Council infrastructure a No building work is permitted over or within any Council

public utility easements. b All proposed buildings and structures must be located a

minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water. in accordance with Section 1.7.1 SEQ-BOAA-S1 Maintenance Hole/Shaft Clearance Requirements of the Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing At all times during works and then maintained.

63 Redundant Sewer Property Connection(s) The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. The decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing Prior to commencement of the use of the premises.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

191 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

WATER SUPPLY RETICULATION

64 Water supply reticulation a The development must be connected to Council’s water

supply reticulation system at no cost to Council. b The applicant is responsible for any external works

necessary to connect to Council’s potable water reticulation system.

Timing Prior to commencement of the use of the premises.

65 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

66 Connection point The existing 150mm main in Scottsdale Drive must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

67 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for

Council’s approval, for water meters 100mm and above; b Following approval of the OPW (if required), make

application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation. i The property service, water meter box and water

meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant's cost. The removal must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing Prior to commencement of the use of the premises.

68 Individual sub-metering to be provided The applicant shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.

Timing At the time of lodgement of the Plumbing and Drainage application.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

a All meters and their locations shall be approved by Plumbing and Drainage.

b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided.

c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

e The sub-metering arrangement must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

69 Connection and disconnection – arrangements with Gold Coast Water Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection and/or disconnection to existing infrastructure.

70 Completion of external connections The external water connection (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with the connection application as approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

71 Supply standard The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing At all times.

72 Fire loading Fire loading must not exceed 30 L/s for 4 hours duration unless otherwise approved by Gold Coast Water.

Timing At all times.

73 Potable Water Supply – Maximum Offtake from Council's Water Network The maximum instantaneous offtake flow for Multi Residential Dwellings and Commercial/Industrial Development shall be in accordance with Table 4.1 of Gold Coast Water Network Modifications, Extension and Connections Policy Procedure. Advice note: The applicant shall determine the expected maximum domestic flow rate and any on-site storage that may be required should that flow rate exceed the maximum allowable.

Timing Prior to submission of hydraulic calculations for Building Works.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

193 Adopted Report

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4 74 Ownership, operation and maintenance of private water

infrastructure Private water reticulation located within the development site (including private booster pump) shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing At all times

ADVISORY NOTES TO APPLICANT

A Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

B Applicant responsibilities

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

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

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

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

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

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

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

C Obligation to ensure electrical safety

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating

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ITEM 2 (Continued) FINAL DEVELOPMENT APPROVAL FOR ACCOMMODATION PREMISES, CATERING BUSINESS, MEDICAL CENTRE, OFFICE, PROFESSIONAL OFFICE AND SHOP - LOT 606 ON SP176393 - 46 SCOTTSDALE DRIVE, ROBINA – DIVISION 11 PN280674/1052/DA4

plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

CARRIED Cr Baildon voted in the negative. ADOPTED AT COUNCIL 22 APRIL 2016 RESOLUTION G16.0422.019 moved Cr H Vorster seconded Cr W Owen-Jones

That Committee Recommendation CP16.0419.002 be adopted as printed in the City Planning Committee Report.

CARRIED

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GCCC Maps

0 74 148 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

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ITEM 3 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Refer 24 page attachment 1 OVERVIEW

Site address 1 - 11 Harley Street, Labrador

Application description

Material change of use for Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic.

Decision due date

31 November 2015 (Applicant did not agree to further extend decision making period)

Proposal

The proposal is a staged mixed use development comprising apartments and the potential range of non-residential land uses noted above. The proposed buildings have varied heights between two (2) and nine (9) storeys. A total of 1627m² of non-residential floor space is provided at the ground level adjacent to the Brisbane Road and Harley Street frontages of the site. The residential component incorporates 259 dwellings with a total of 384 bedrooms. The result is a residential density of one bedroom per 23m² of net site area. A plot ratio of 3.67:1 is proposed. The maximum site cover is 91% at the podium level, reducing to 49.7% above level four. 385 car parking spaces are provided within the three level basement. 250 bicycle spaces are provided within the same basement. Access to the non-residential car parking spaces is gained from Harley Street, with access to the residential car park from Ashton Street.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Main considerations

Issue Resolution Planning Scheme intent The proposal is included in the Fringe Business domain. The intent of the domain is to provide for commercial areas specialising in showrooms and bulky goods outlets to locate at the periphery of major activity centres and on major arterial routes within the built up area of the City. The proposal includes the following land uses that are not specifically contemplated in the domain: Commercial services

Community purposes

Educational establishment

Office

Shop

The subject site is located immediately adjacent to a Local Business domain to the west and surrounded by Local Business and Residential Choice domains to the east and south. In its location, the site is fragmented from a larger concentration of Fringe Business areas further west. The fringe business and industry land uses that currently exist on the subject site, do not provide a high aesthetic standard or amenity at the interface with the residential development opposite. Existing uses do not currently include showrooms and bulky goods outlets. Therefore the proposal is not removing such uses from the area. These uses exist on land to the west of the site. The proposed development includes a number of land uses that are anticipated in the Fringe Business domain. Other uses that are not otherwise contemplated in the Fringe Business domain will add to the range of uses that complement the adjoining local business centre and result in an improved land use interface with existing residential development. By including such uses, a range of employment opportunities are retained in the locality. The presence of residential uses on the subject site is consistent with the intent of the Fringe Business domain. Officers are of the view that the proposal achieves an appropriate balance between the planning scheme intent for the site and an appropriate level of amenity and reduced opportunity for conflict with surrounding residential uses.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Building height The proposal contains varied building height up to 9 storeys.

The site has a code assessable building height limit of 2 storeys. The proposal therefore triggered impact assessment and required assessment against the entire whole of the Planning Scheme. Officers are of the opinion that the proposed heights comply with the relevant Performance Criteria and are consistent with the preferred city image and townscape character identified in the Planning Strategies. The subject site forms part of a larger site that has the benefit of an existing approval. The existing approval includes building heights up to 8 storeys. The approval was granted under the same planning scheme that this current application is being assessed against.

Residential density The proposal has a residential density of 1 bedroom per 23m² of net site area.

The site has code assessable residential density of 1 dwelling per 300m² of site area. The proposed accommodation density is considered to be consistent with the level of services available at the site and the surrounding area. The increased density will assist in creating a walkable community, with a greater number of residents being within a convenient distance of the available goods and services. The site is located approximately 1km east of the Brisbane Road industrial area, which is identified as an Industrial Employment Cluster, on Planning Strategy Map PS4. The site is also within approximately 1km of the Harbour Town Sub Regional activity centre identified on the same map.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Officers are of the opinion that the proposal will achieve increased densities in an area of traditionally low density residential development that will support the nearby employment cluster and activity centre in a manner and location that maintains an appropriate residential amenity.

Public Notification

Objections Support Eight (8) properly made objections Not Applicable

Key issues raised in submissions

Building height. Increased traffic and inability for surrounding road network to accommodate the increase. Over flow of car parking from the development onto the street. Shadow impacts on surrounding residents. Public notification signs not properly displayed.

Referral agencies SARA – Proximity to State–controlled Road and Development Impacting on State transport infrastructure.

Officer's recommendation Approval

REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

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

8 STATE PLANNING POLICIES 9 STATE PLANNING REGULATORY PROVISIONS 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS

11.1 Health and Regulatory Services 11.2 Transport Assessment

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

11.3 Subdivision Engineering 11.4 Open Space Assessment 11.5 Architect 11.6 Gold Coast Water 11.7 City Infrastructure 11.8 Plumbing and Drainage 11.9 Environmental Assessment 11.10 Hydraulics and Water Quality 11.11 Landscape Assessment 11.12 Geotechnical Engineering 11.13 Social Planning

12 EXTERNAL REFERRALS 12.1 Concurrence agencies

13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 15 CONCLUSION 16 RECOMMENDATION 2 EXECUTIVE SUMMARY Council has received an application for a material change of use for a staged mixed use development containing the land uses Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic. The proposal contains six (6) apartment building above ground level retail and commercial and uses. Building heights vary between two (2) and nine (9) storeys. Residential density is proposed at one bedroom per 23m² of net site area resulting in 384 bedrooms. The subject site is located in the Fringe Business domain under the City of Gold Coast Planning Scheme 2003. The planning scheme identifies a maximum building height of two (2) storeys and a residential density of one dwelling per 300m² of net site area. A number of the proposed land uses are not listed in the table of development for the domain and therefore the application requires impact assessment. Further, the proposed height and residential density exceed the code assessable limits for the site and therefore need to be considered in the context of requiring impact assessment. The uses that are not otherwise contemplated in the Fringe Business domain will add to the range of uses that complement the adjoining local business centre and result in an improved land use interface with existing residential development. The presence of residential uses on the subject site is consistent with the intent of the Fringe Business domain. Officers are of the view that the proposed land uses achieve an appropriate balance between the planning scheme intent for the site and an appropriate level of amenity and reduced opportunity for conflict with surrounding residential uses.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 The proposed building heights are generally consistent with those contained in a lawful approval current for the site. Notwithstanding, officers are of the opinion that the proposed heights are consistent with the City Image and Townscape Character objectives identified in the Planning Strategies. The site is located in close proximity to the Brisbane Road industrial area, which is identified as an Industrial Employment Cluster, on Planning Strategy Map PS4. It is also near Harbour Town shopping centre, which is identified as a Sub Regional activity centre identified on the same map. The proposed accommodation density is considered to be consistent with the level of services available at the site and the surrounding area. The increased density will assist in creating a walkable community, with a more residents being a convenient distance from existing goods and services. Officers are of the opinion that the proposal will facilitate increased densities in an area of traditionally low density residential development that will support the nearby employment cluster and activity centre in a manner and location that maintains an appropriate residential amenity. Public notification of the application resulted in Council receiving eight (8) properly made submissions raising objection to the proposal. The main points of objection relate to building height, increased traffic and inability for surrounding road network to accommodate the increase, over flow of car parking onto the street, shadow impacts on surrounding residents and public notification signs not being properly displayed. Officers are of the view that the proposal adequately addresses the impacts identified by the submitters or otherwise has been conditioned to ensure those impacts are appropriately managed. The proposal triggered referral to the Department of Infrastructure, Local Government and Planning under provisions of the Sustainable Planning Regulation 2009 relating to State-controlled roads and State-transport Infrastructure. The department provided Council with conditions to be attached to any development approval issued. The conditions relate to noise attenuation, footpath construction, stormwater management and removal of existing vehicular property access to the State-controlled road. Having considered all aspects of the development, officers are satisfied that on balance, the development proposal complies with the Planning Scheme. On this basis, it is recommended that the development application should be approved subject to the imposition of suitable conditions.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 3 APPLICATION INFORMATION

Real property description Lot 1 on RP173266, Lot 2 on RP103837, Lot 3 on RP103837, Lot 4 on RP103837, Lot 5 on RP103837

Applicant Hiro Pamamull Administrators Pty Ltd Owner at time of lodgement Anthony Pamamull & Hiro Pamamull & Freida

Pamamull & Freda Pamamull & Tracy Berkowitz & Peter Berkowitz & Tracy Berkowitz & Tracey Berkowitz

Current owner Anthony Pamamull & Hiro Pamamull & Freida Pamamull & Freda Pamamull & Tracy Berkowitz & Peter Berkowitz & Tracy Berkowitz & Tracey Berkowitz

Site area 8858m² Date application received 13 May 2015 Date entered decision 2 October 2015 Domain Fringe Business Domain LAP & precinct N/A Draft City Plan 2015 Mixed Use zone – Fringe Business precinct State planning policies State Planning Policy July 2014 Decision type Development Permit

4 BACKGROUND Council at its meeting held on 14 November 2011, approved an application for a material change of use for Shops, Offices, Takeaway Food Premises, Restaurants, Medical Centre, Attached Dwellings (8 dwelling units) with Home Office, and Apartments (167 dwelling units). The approval relates to the site the subject of this application, but also relates to the neighbouring site that contains the Labrador Park shopping centre.

The current approval relates to a site that has an area of 2.358 hectares.

The approval retains the supermarket and associated specialty shops and introduces residential development up to eight storeys in height. A residential density of 1 bedroom per 78m² of net site area is approved along with 9,653m² of retail and commercial floor space.

The approval will lapse on 2 November 2017.

5 PROPOSAL The proposal is a mixed use development, predominantly residential in the form of Apartments, with some ground level floor space to accommodate a range of non-residential land uses. These include Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic.

The residential component consists of six (6) apartment buildings of varying heights between two (2) and nine (9) storeys. A total of 1627m² of non-residential floor space is provided at the ground level adjacent to the Brisbane Road and Harley Street frontages of the site.

Figure 1 below shows the arrangement of the apartment buildings across the site.

Figures 2 and 3 show the location of the non-residential floor space adjacent to the Brisbane Road and Harley Street frontages of the site.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 1: Arrangement of apartment buildings across the site above the two level car park.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 2: Ground level non-residential floor space at the corner of Harley Street and Brisbane Road.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 3: Ground level non-residential floor space over the western portion of the site fronting Brisbane Road.

Due to the slope of the land and the protrusion of the basement at the western end of the site adjacent to the existing shopping centre, the development is defined as having a total height of nine (9) storeys.

Figure 4 shows the arrangement of the buildings on the site and the heights of the buildings in accordance with the planning scheme definition.

Figure 5 shows the variation in grades across the site that result in the protrusion of the basement.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 4: Building distribution and heights

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 5: Variation in grades across site from east to west.

The proposal includes two (2) levels of car parking. Access to the residential car park is gained from Ashton Street adjacent to the site’s western boundary. Separate vehicle access to the commercial / retail car park is via a driveway approximately mid-way along the Harley Street frontage of the site. The development is proposed to be constructed in stages. During stages 1 and 2 all vehicular access will be from Harley Street. At the completion of subsequent stages, the Ashton Street access will be available. Figure 6 shows the intended staging.

Figure 6: Proposed staging of development

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 The main development parameters of the development are summarised below:

Building height (refer Figure 4 above for location of corresponding buildings)

Buildings 1 & 4 – 2 - 8 storeys (8 levels) Buildings 2 & 3 - 2 - 9 storeys (7 levels) Buildings 5 & 6 - 4 storeys (4 levels)

Residential density Number of units - 259 Number of bedrooms - 384 Density - 1 bedroom per 23m² of net site area.

Dwelling configuration 1 bedroom units - 134 2 bedroom units - 125

Gross floor area Commercial - 1627m² Residential - 32,514m² Total - 34,141m²

Plot ratio Residential - 3.67:1 Commercial - 0.18:1 Total - 3.85:1

Site cover Maximum at podium level: 91% Combined site cover for all apartment buildings: 49.7%

Car parking Residential - 282 spaces Residential visitor spaces - 29

Commercial / retail spaces - 74

Communal open space 1954m²

The applicant has not proposed specific hours of operation for the commercial / retail land uses other than for the Indoor Recreation Facility (Gymnasium), which they seek the opportunity to operate 24 hours.

Refer to the attachments for plans and elevations of the proposal. 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 1 – 11 Harley Street, Labrador. The site is an amalgamation of five (5) allotments, generally rectangular in shape, with a total site area of 8858m².

The site has frontages to Brisbane Road to the north (approximately 80.0 metres), Harley Street to the east (approximately 115.0 metres) and Ashton Street to the south (approximately 79.0 metres). The portion of the site fronting Brisbane Road takes access from a short section of service lane separating the site from through traffic.

The site is included in the Fringe Business domain.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Existing improvements comprise a mix of older style factory units, sheds and associated hard stand areas that accommodate a range of land uses including showrooms, vehicle sales yards, motor vehicle repairers and an assortment of small scale light industrial activities.

The combined property frontage contains 13 vehicle crossings. Formalised concrete footpaths exist along the Brisbane Road and Ashton Street frontages of the site.

The subject site has a generally consistent slope from its highest point in the north eastern corner at approximately RL10.47 metres down to an elevation of approximately RL3.27 metres in the south western corner. The site falls approximately 7.2 metres over a length of 80.0 metres.

Vegetation is limited to scattering of trees and shrubs.

The site is currently connected to all necessary infrastructure, being water, sewerage, stormwater, power and telecommunications.

Figure 7: Aerial photo of subject site

6.2 Characteristics of surrounding environment The subject site is located within a mixed residential and commercial area. Predominant land uses in the surrounding area include residential and industrial activities along Ashton Street and Harley Street, and commercial uses on Brisbane Road.

The site is located at the transition between a large low density residential catchment to the east and large employment area to the west.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Harbour Town shopping centre is approximately 900 metres west of the site and the Broadwater is a similar distance to the east.

Neighbouring and surrounding land uses include:

North: To the north of the subject site is Brisbane Road, which provides a significant transport connection to the Broadwater to the east and Harbour Town Shopping Centre and the Pacific Motorway to the west. Brisbane road functions as a major public transport linkage with bus routes connecting to various destinations across the city. North of Brisbane Road is a small area of parkland, providing a buffer between Brisbane Road and low density residential development included in the Detached Dwelling domain and comprising predominantly single detached dwellings. North east of the site is further residential land contained in the Residential Choice domain.

South: Land immediately to the south of the site is in the Residential Choice domain and developed predominantly for single and double storey detached and attached dwellings. Land to the south west is in the Public Open Space domain and contains Cooke Murphy Park, the Labrador AFL Sports Club Oval and associated club facilities.

East: East of the site, land is for the most part included in the Residential Choice domain. Land uses are generally of a residential nature and include single and double storey detached and attached dwellings. The site on the eastern corner of Harley Street and Brisbane Road is in the Local Business Domain.

West: Land immediately adjoining the site to the west is included in the Local Business domain and contains the existing shopping centre development comprising a supermarket and range of specialty stores. Beyond this and fronting Brisbane Road is a strip of land in the Fringe Business domain that includes retail showrooms, service and light industries.

Please refer to Attachment 3.2 for an aerial photo of the subject site in context to surrounding environment.

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions South East Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions (SPRP) – The site is located within the Urban Footprint under the SEQ Regional Plan, but outside a Development Area. The proposal does not involve an extension of more than 10,000m² of retail floor space. The SEQ Regional Plan 2009 – 2031 SPRP’s are not applicable in the assessment of this application.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 the regional plan for a designated region The SEQ Regional Plan designates

the site within the Urban Footprint. Assessment has determined that the proposed development will not compromise the desired regional outcomes of the SEQRP.

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

State Planning Policy July 2014

a structure plan There is no structure plan for the area.

for development in a declared master planned area—all master plans for the area

The site is not in a declared master planned area.

a temporary local planning instrument There is no local planning instrument applicable.

an earlier preliminary approval to which section 242 applies

The site is not subject to an earlier preliminary approval.

a planning scheme The development application has been assessed against the City of Gold Coast Planning Scheme Version 1.2 amended November 2011.

the infrastructure charge resolution or the priority infrastructure plan.

An Adopted Infrastructure Charges Resolution applies to this development.

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

the common material All common material has been considered in the assessment of the application.

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

Existing development approvals relating to the premises have been considered.

any referral agency’s response for the application Referral Agency responses have been considered in the assessment of the application.

7.1 City Plan The assessment of this application has been undertaken against the 2003 Gold Coast Planning Scheme as the application entered the decision making stage on the 2nd of October 2015, prior to the commencement of the City Plan.

However, it is noted that the subject site is included within the Mixed Use Zone of the City Plan with a Fringe Business Precinct overlay.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Where development on this site exceeds two storeys, it would be subject to Impact Assessment and require assessment against the Strategic Framework, Mixed Use Zone Code and other relevant codes.

The purpose of the Mixed Use zone is to provide for a mix of activities that may include business, retail, residential, tourist accommodation and associated services, service industry and low impact industrial uses.

The Mixed Use zone contains some variations in the form of precincts. The subject site is included in the Fringe Business Precinct.

Land uses within this precinct are intended to consist mainly of high quality showrooms, bulk retailing, service and low-impact industry uses and outdoor sales yards that are easily accessible by a wide catchment of consumers.

7.2 Assessment against Gold Coast Planning Scheme 2003 Place code Constraint code Specific development code

Fringe Business Domain

Car Parking, Access and Transport Integration Sediment and Erosion Control

High Rise Residential and Tourist Accommodation Retail and Related Establishments Office Landscape Work Works for Infrastructure

Relationship to the Fringe Business Domain The subject site is located in the Fringe Business domain.

Pursuant to the Planning Scheme, the proposed land uses and their level assessment identified in Table of Development Part A: Material Change of Use of the Fringe Business domain is as follows:

Land Use Level of Assessment

Apartment Impact

Commercial Services Impact – not listed

Community Purposes Impact – not listed

Educational Establishment Impact – not listed

Home Office Exempt

Indoor Recreational Facility Code

Medical Centre Code

Office Impact – not ancillary to another use.

Restaurant Impact

Service Industry (Group A & B) Code – Group A Self – Group B

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Shop Impact - not listed

Showroom self

Takeaway Food Premises self

Veterinary Clinic self Refer to the attachments to this report for the Planning Scheme definitions relating to the proposed land uses. Table of Development Part B: Material Change of Use Overlay Provisions identifies the circumstances where a higher level of assessment is triggered despite the level of assessment identified in Part A. The level of assessment is already at the highest as a result of the proposed land uses, however it is still relevant to consider the overlay provisions to determine other aspects of the proposal that will require detailed assessment. Of relevance, Part B states that where the building height exceeds two storeys or the residential density exceeds one dwelling per 300m² of site area, a proposal that is otherwise code assessable will be impact assessable. The proposal exceeds both of these provisions and therefore it is relevant to consider the proposed height and residential density in the context of being impact assessable.

Intent

The intent statement for the Fringe Business domain reads: ‘The purpose of this domain is to provide for commercial areas specialising in showrooms and bulky goods outlets to locate at the periphery of major activity centres and on major arterial routes within the built up area of the City. This domain is intended to provide for a wide range of activities, including light industrial uses that are not easily accommodated in traditional activity centres. Key objectives include: ensuring that fringe business areas are complementary to existing and proposed

activity centres in the City’s adopted system of activity centres;

ensuring that fringe business areas are of a high standard of aesthetic appearance and function as attractive gateways to the City and its major centres;

providing adequate land for the development of showrooms and bulky goods outlets to meet the needs of residents, visitors and businesses in Gold Coast City;

achieving sustainable employment and investment opportunities within these fringe business areas;

achieving a high standard of building design and presentation on the fringes of major commercial centres and on the major arterial routes leading into the City; and

introducing residential use into fringe business area, where this can be achieved without creating conflict between residential and commercial uses.’

The proposal is considered to satisfy the intent of the planning scheme in a number of ways.

The subject site is located immediately adjacent to a Local Business domain to the west and surrounded by Local Business and Residential Choice domains to the east and south. To the south west of the site is a large area within the Public Open Space domain. In its location the site is fragmented from a larger concentration of Fringe Business areas further west along Brisbane Road.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Council officers are of the view that in its location, the site has a closer relationship with neighbouring local business and residential activities rather than other with fringe business land in the area.

The fringe business and industry type land uses that currently exist on the subject site, with frontages to Harley Street and Ashton Street, do not provide a high aesthetic standard or amenity at the interface with the residential development opposite. The proposal provides the opportunity to improve the interface and amenity.

Existing uses do not predominantly include showrooms and bulky goods outlets, which on inspection are adequately catered for within Fringe Business areas west of and in close proximity to the site. Therefore the proposal is not considered to be removing such uses from the area or alienating limited land expressly required for such purposes.

The proposed development includes a number of land uses that are anticipated in the Fringe Business domain and therefore retains those aspects of the existing planning scheme intent for the site. Proposed uses that are not otherwise contemplated in the Fringe Business domain include shops, offices, educational establishment, community purposes and community services. These uses will add to the range of uses that complement the adjoining local business centre and result in an improved land use interface with existing residential development.

By including such uses, a range of employment opportunities are retained in the locality.

The presence of residential uses on the subject site is consistent with the intent of the Fringe Business domain. The proposed non-residential uses should ensure that the residential use can occur on the site without conflict.

Officers are of the view that the proposal achieves an appropriate balance between the planning scheme intent for the site and an appropriate level of amenity and reduced likelihood for conflict with surrounding residential uses.

Council officers believe that the proposal on balance, exhibits general compliance with the purpose of the planning scheme.

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

Performance criteria Acceptable solution Building Height PC1

All buildings must be of a height which is in keeping with the predominantly commercial character of the surrounding area.

AS1.1.1

The building has a maximum of two storeys.

Building Height – Performance Criteria 1

As one possible outcome to satisfy PC1, Acceptable Solution 1.1.1 states that buildings within the Fringe Business Domain have a maximum building height of two storeys. However, it is not mandatory that a development proposal comply with AS1.1.1. Compliance with AS1.1.1 is simply one possible way to satisfy PC1.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 With respect to building height, the applicant has proposed a development consisting of six (6) apartment buildings of varying heights between two (2) and nine (9) storeys. The proposed building height must therefore be assessed against PC1 and the higher order components of the Planning Scheme as they relate to building height.

PC1 requires building to be in keeping with the predominantly commercial character of the surrounding area. The term “in keeping” should not be taken to mean building height is “the same as” other buildings in the surrounding area, but rather that the building height is suitable for the site and its surrounds.

To determine whether the proposal is “in keeping” with the commercial character of the surrounding area, the urban design and architectural merit of the proposal needs to be considered in assessing the proposal against this PC.

Despite the PC not specifically contemplating that there may development other than commercial development in the surrounding area (in this case, existing residential development forms part of the surrounding character), it is also appropriate to have regard to any potential impacts on nearby residential uses.

Officers have assessed the proposal against PC1 and make the following comments and recommendation:

The Office of the City Architect notes that the proposed development is a high quality design which will enhance the character of this established neighbourhood precinct. In this respect, the proposed development is considered to be in keeping with the commercial character of the local area.

The proposal provides varied building heights across the site. The highest building is situated on the north eastern corner of the site, prominently located on the Brisbane Road frontage. However, the building height reduces to the west and south, ensuring that neighbouring residential dwellings are not adversely impacted by the building height.

The portion of the development fronting Ashton Street is lower rise, ensuring that the overall scale and appearance of the development is of a low rise nature, in keeping with the adjoining and surrounding areas.

The proposed development does not directly adjoin any existing residential development, but rather the existing residential development is located on the opposite side of Harley Street and Ashton Street. As such, there is an appropriate separation distance between the proposed buildings and the residential dwellings on Harley Street (approx.25 metres) and Ashton Street (approx. 28 meters) to maintain adequate residential amenity.

For these reasons, it is considered that the proposed building heights comply with PC1.

In addition, the higher order provisions of the planning scheme that support an increase in height on the site include:

Planning Strategy – Key Strategies

The Planning Strategy includes 15 Key Strategies that are the major citywide policy initiatives necessary to advance the intent of the planning scheme. A Key Strategy that relates to building height is ‘Chapter 15 City Image and Townscape’.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 This strategy provides an overall framework for the built form of the city, which is illustrated in the ‘City Image and Townscape Profile Density Diagram’ reproduced below:

Key elements of the city’s image and townscape character are shown on four planning strategy maps. Those relevant to the proposal are Planning Strategy Maps PS11 and PS12.

Planning Strategy Maps PS11

Supporting the City Image and Townscape Profile Density Diagram is Planning Strategy Map PS11 City Image – Urban Form. Planning Strategy Map PS11 includes the subject site in the Suburban Estates element. The diagram above illustrates that the taller development is anticipated within Suburban Estates where that development is within or adjacent to commercial or business nodes.

This is supported by City Image Policy 2 that reads:

‘Achieving a built form in the urban areas which highlights the basic structural elements of the city's development pattern, maintains the clarity of the city image, and enhances the attractiveness of the urban landscape.’

Planning objectives that support this policy include:

CI 2.3 to maintain the low rise character of suburban residential locations.

CI 2.4 to promote mixed building forms and heights in commercial activity nodes.

The subject site forms part of a small commercial / business node, surrounded by low rise residential development. Taller development on the site is proposed closer to Brisbane Road and the interface with adjoining commercial development. The heights reduce at the interface with surrounding low rise residential.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Officers are of the opinion that the proposal represents a mixed building form that supports the stated city image and townscape character objectives.

Planning Strategy Map PS12

Planning Strategy Map PS12 Major Views, identifies Brisbane Road as a Primary View Boulevard and / or Connection.

Primary View Boulevards and / or Connections are the major corridors from which an immediate perception of the image of the city is gained. The planning strategy states that development within these corridors should be designed and located to enhance and improve their visual amenity.

Planning Objective CI 2.9 seeks to ‘…extend boulevard treatments to the significant east-west routes within the built up area of the City.’

In considering the proposal, the Office of the City Architect provided the following comments in relation to the proposal’s location and built form:

‘Although the building height and density of this development exceed the requirements under the Planning Scheme, there are a number of factors to support this increased intensity of development:

(a) This site is located in a prominent area along Brisbane Road, being a major east-west transport corridor with good public transport connections, and adjacent to an existing, established neighbourhood centre and within close proximity to the larger Harbour Town Shopping Centre. These features support a compact urban neighbourhood community.

(b) The high quality design will enhance the character of this established neighbourhood precinct.

(c) The high quality design will assist to set a high benchmark for future redevelopment and urban renewal along Brisbane Road.’

These comments support the view that the proposed development is appropriately designed and located to enhance and improve the visual amenity of one of the city’s major east – west boulevards.

Existing Approval on the site In addition to an assessment against the Planning Scheme, Section 314 (3)(b) of the Sustainable Planning Act 2009, requires that Council must have regard to any development approval for the premises the subject of the application.

The site currently has the benefit of a development permit for Shops, Offices, Takeaway Food Premises, Restaurants, Medical Centre, Attached Dwellings (8 dwelling units) with Home Office, and Apartments (167 dwelling units). This development permit was granted by Council on the 14th of November 2011 (CP11.1108.001)

The approved development has a height of eight (8) storeys. Although the current approval relates to a larger parcel of land in that it includes the neighbouring shopping centre site, the tallest development is located over the eastern portion of the site, generally in the location of the current proposal, as depicted below:

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Figure 8: 2011 Development Approval

The approved development was assessed and decided having regard to the same planning scheme that applies to the current proposal. The following points are a summation of Council’s reasoning for approving the previous development proposal in 2011::

The proposed development complements the character of the local area whilst providing a landmark development on a strategic site, without adversely impacting on the amenity of the adjoining residential areas.

The proposed built form provides varied building heights across the site. The highest building is situated on the north eastern corner of the site, prominently located on the Brisbane Road frontage. However, the building height reduces to the west and south, ensuring that neighbouring residential dwellings are not adversely impacted by the building height.

The portion of the development fronting Ashton Street is lower rise, ensuring that the overall scale and appearance of the development is of a low rise nature, in keeping with the adjoining and surrounding areas.

The inclusion of a development consisting of varied building heights adjacent to Brisbane Road will contribute to the existing and emerging nature of the Labrador area, while allowing for a transition in height from the proposed high rise apartments to a low rise built form in the surrounding residential neighbourhood.

The same points remain relevant to the current application despite its reduced site area and overall extent of development.

The proposed building heights are considered to comply with PC1 and are consistent with the preferred city image and townscape character identified in the Planning Strategies. Also having regard to the existing approval over the site, Officers recommend that the proposed building heights be supported.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Performance criteria Acceptable solution Building Setback PC2

All buildings and ancillary uses must provide for setbacks from the street frontage and the side and rear boundaries which are appropriate for the:

a) efficient use of the site;

b) character of the Fringe Business Domain;

c) separation from neighbouring properties and from frontages to roads.

AS2.1

The building or structure is set back not less than:

a) ten metres from the primary frontage of the site; and

b) ten metres from the secondary frontage.

Building Setback - Performance Criteria 2

Acceptable Solution (AS) 2.1 relates to the ground level commercial uses and states that buildings are to be set back not less than 10 metres from any road frontage. The proposed buildings are setback less than 10 metres from each of the three (3) frontages.

At the ground level, setbacks range between zero and 5.0 metres.

The setbacks identified in the AS are based on a development form evident in many fringe business areas that comprises large showroom style buildings with car parking in front. The proposed development, although facilitating some of the uses anticipated in the domain, is not contemplating larger showrooms or bulky good outlets, but rather a range of uses that complement the adjoining local business centre and result in an improved land use interface with existing residential development. These uses can be accommodated in the small tenancies proposed.

Given the site’s location, the proposed built form is considered an appropriate alternative to that often found in fringe business areas. The proposed setbacks result in greater interaction with the street and improved amenity for those accessing the development.

The proposal makes efficient use of the site and achieves a more favourable interface with the surrounding residential development along the frontages to Harley Street and Ashton Street. The setbacks proposed to Brisbane Road result in a built form that is consistent with commercial development either side.

The reduced and varied setbacks add visual interest and therefore enhance the appearance of the building.

Based on the above, officers are of the view that the proposed setbacks represent an appropriate alternative to those stated in AS2.1.

Performance criteria Acceptable solution Accommodation Density PC3 Accommodation density is of a medium density to reflect the opportunities available for residential use in commercial areas.

AS3.1.1 The dwelling density does not exceed one dwelling per 300m² of site area.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Accommodation Density – Performance Criteria 3

The proposal has an accommodation density 1 bedroom per 23m² of net site area and represents an alternative to AS3.1.1.

The proposed accommodation density is considered to be consistent with the level of services available at the site and the surrounding area, and reflects the opportunities available for residential use in commercial areas.

The increased density will assist in creating a walkable community, by placing more residents within a convenient distance of the goods and services provided in the locality.

The proposal is considered to support a number of the planning scheme Desired Environmental Outcomes, namely:

DEO Econ.2

Enhanced employment and investment opportunities through better integration of residential and business activity, whilst protecting residential amenity.

The DEO is supported by a number of objectives that the proposal is considered to achieve.

These include:

Econ.2.2 - to facilitate mixed use developments within neighbourhood centres, including retail, office, residential and service uses within the same building.

The mixed use nature of the development integrates higher density residential dwellings and business activity on the same site.

Econ.2.3 – to facilitate increased residential densities in the areas surrounding Activity Centres and Activity Clusters.

The site is located approximately 1km east of the Brisbane Road industrial area, which is identified as an Industrial Employment Cluster, on Planning Strategy Map PS4 –Employment, Investment and Service Centres (Activity Centres). Further, the site is also within approximately 1km east of the Harbour Town Sub Regional activity centre identified on the same map.

The proposal achieves increased densities in an area of traditionally low density residential development that will support the nearby employment cluster and activity centre in a manner and location that maintains an appropriate residential amenity.

DEO Ecol.3

The maintenance of high standards of air quality, including minimising and reducing greenhouse gas emissions.

Ecol.3.2 – to achieve an urban form that supports the maximum use of public transport systems and non-motorised means of transit.

The proposed density will enable a greater number of residents to have convenient access to existing public transport services along Brisbane Road, which connect to areas of employment and activity centres.

DEO Soc.3

The provision of a range of diverse housing choice, including affordable housing, that is responsive to the changing demographic structure of the City’s population and promotes equality in access to goods and services.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Soc.3.1 – to facilitate a range of dwelling types and densities, within local areas, that

meets the needs of the City's existing and future households.

The proposed higher densities add to the range of dwelling types and densities within area, which are predominantly low density attached and detached dwellings. This will ensure that the location has a variety of dwelling choices that meet the needs of the city's existing and future households.

Having regard to the above, officers are of the opinion that the proposal is achieving an appropriate level of residential development within a commercial area. Future residents will have the opportunity for close and convenient access to employment and services, which satisfies a number of the higher order objectives of the planning scheme. In doing so, the proposal is considered to achieve the intent of PC3.

Performance criteria Acceptable solution Site Coverage PC4

The site coverage of all buildings must allow for sufficient space between buildings, whilst facilitating a consolidated business centre.

AS4

The building site coverage is not greater than 70%, unless a specific development code provides for a lesser site coverage.

Site Coverage – Performance Criteria 4

The proposal has a maximum site coverage of 91% at the ground floor podium level, which represents an alternative solution to Acceptable Solution (AS) 4.

Above the ground floor podium level are residential towers which collectively have a site cover of 49.7%. It is above the ground level that the development is more visually prominent and the reduced site cover at the upper levels achieves an appropriate amount of space between the buildings.

As all car parking and servicing is provided for within the basement, the increased site cover still enables the efficient functioning of the site. As such, officers are of the opinion that the proposal represents an acceptable alternative solution to AS4.

Performance criteria Acceptable solution Plot Ratio PC13

All buildings must be of a size and bulk that is compatible with the character of the individual fringe business area in which the development is proposed with some bonus in floor space available where identified public benefits are provided.

AS13.1

The Basic Plot Ratio of 1.5:1 is not exceeded however residential floor space is not included in the Plot Ratio calculations.

Plot Ratio - Performance Criteria 13

The proposed development has a total plot ratio of 3.85:1. This exceeds the basic plot ratio of 1.5:1 stated ion AS13.1.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 For clarification, although not mentioned in the AS, the place code contains a note that states that any residential floor space is exempt from plot ratio calculations.

The residential component makes up the proportion of the development with a plot ratio of 3.67:1.

The commercial plot ratio is 0.18:1.

The proposed development complies with the basic plot ratio stated in AS13.1

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

High Rise Residential and Tourist Accommodation Retail and Related Establishments Office Landscape Work The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

High Rise Residential and Tourist Accommodation Performance criteria Acceptable solution

Setbacks PC1

All buildings and associated structures must provide for setbacks from the street frontage and the side and rear boundaries, having regard to:

a) the efficient use of the site;

b) the streetscape character of the local area;

c) the existing and future built form of the adjoining sites;

d) the separation from neighbouring properties and from frontages to roads.

AS1.1

The building is set back not less than six metres from the frontage of the site and set back from the side and rear boundaries at not less than:

a) 1.5 metres to the outermost projection of that part of the building that is 4.5 metres or less above ground level;

b) two metres to the outermost projection of that part of the building that is greater than 4.5 metres but not exceeding 7.5 metres above ground level;

c) two metres plus 0.5 metres for every three metres or part thereof to the outermost projection of that part of the building that is more than 7.5 metres above ground level.

Setbacks – Performance Criteria 1

At the upper levels, the setbacks of the residential towers from the property frontages vary between 0.75 metres and 10.08 metres. The proposal does not achieve the minimum 6.0 metre setback stated in AS1.1.

Adjacent to the western side boundary the building walls are setback a minimum of 5.04 metres. The minimum setback required by the application of AS1.1 is 4.5 metres. The proposal is consistent with the AS for setbacks to the side boundary.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Figure 8 below illustrates the proximity of the residential towers to the front and side boundaries.

Figure 8: Building setbacks above ground level.

The reduced setbacks make efficient use of the site by placing the buildings at the property edges and creating a centralised area of communal open space on the podium.

The streetscape of the local area consists of reduced building setbacks to development either side of the site fronting Brisbane Road. Varied setbacks up to 6.0 metres exist for the residential development fronting Harley Street and Ashton Street. The western end of Ashton Street comprises open space on the southern side and the shopping centre with large setbacks opposite.

Existing development on the subject site has minimum setbacks of 10.0 metres to Brisbane Road, approximately 5.0 metres to Harley Street and zero metres for some sections of the Ashton Street frontage.

The streetscape character varies from very open and undefined to slightly more enclosed with buildings closer to the street. Although somewhat irregular, existing development on the site provides a defined edge to the Harley Street and Aston Street frontages.

The proposed frontage setbacks provide a more enclosed and defined street edge to the property frontages, which complement the open and less defined streetscape along other sections of the surrounding streets.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Existing development on the adjoining site to the west comprises a local shopping centre development. The built form has a low site cover comprising a single level shopping centre and large area of at grade car parking. It would not be unreasonable to anticipate that future redevelopment of this site would seek to make more efficient use of the site of perhaps mixed use development with greater site coverage and reduced setbacks. The proposal is not considered to be inconsistent with possible future built form on adjoining sites.

Given the three street frontages, the development is well separated from adjoining properties, particularly nearby residential development.

Notwithstanding the reduced setbacks to the street frontages, officers are of the opinion that the proposal represents a suitable alternative solution to AS1.1 and in doing so satisfies the intent of the PC.

Performance criteria Acceptable solution Site Coverage PC3

All buildings must be designed to maximise the separation between buildings and open space around buildings, so as to maintain an open character within high rise residential areas.

AS3.1.1

The development is an apartment, residential hotel, serviced apartment building or hostel accommodation, and the site coverage does not exceed 40%.

Site Coverage – Performance Criteria 3

The combined site coverage for the residential towers is 49.7%, which exceeds the site coverage nominated in AS3.1.1.

The purpose of PC3 is to ensure buildings are designed to maximise separation between buildings and maintain an open character of the surrounds.

The six (6) residential buildings have been designed with reduced setbacks to the street frontages, thereby locating them at the edges of the site and maximising the separation between them.

Given the site’s three (3) street frontages, the proposed buildings are largely separated from surrounding development, thereby maintaining an appropriate separation despite the reduced setbacks.

Based on the building siting and design and the presence of the three (3) road frontages, the proposal maintains adequate separation between buildings on the same site and those on surrounding sites.

As a result officers are of the opinion that the alternative solution maintains the open character of the surrounding area, which achieves the purpose of PC3 and is therefore supported.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Performance criteria Acceptable solution Communal Open Space PC22

The development must provide sufficient communal open space on the site, which:

a) provides adequate and useable recreational areas required to service the needs of residents or guests of the development;

b) aesthetically complements the buildings and enhances the attractiveness of the development.

AS22.1

The development provides open space for recreation and landscaping purposes at the following rates:

11m² for each habitable room within each guest suite of a residential hotel or resort hotel

11m² for every 10m², or part thereof, of the area provided for sleeping within hostel accommodation

22m² for each one bedroom dwelling or bed sitting unit

35m² for each two bedroom dwelling

45m² for each dwelling of three or more bedrooms

AS22.4

The required open space:

a) is kept clear of all non-recreational structures, driveways, car parking, clothes hoists and other obstacles;

b) is available for the use of all occupants of the development;

c) comprises deep planting of at least 10% of the site area.

Communal Open Space – Performance Criteria 22

Performance criteria (PC) 22 deals with the provision of adequate and useable recreational areas for residents and the provision of open space to aesthetically complement the building. The quantity required and the manner that the open space is provided are addressed by a number of acceptable solutions. The applicant is offering alternative solutions to AS22.1 and AS22.4.

AS22.1 In accordance with the rates stated in AS22.1, the proposal is required to provide 7323m² of communal open space. The proposal includes 1,954m² of communal open space and recreational facilities at the podium level.

The applicant has undertaken a Recreational Capacity Analysis to demonstrate that the alternative solution provides adequate recreational areas to service the needs of residents and guests. The analysis is based on a commonly used formula that has been accepted by Council as an alternative methodology for determining the number of persons that proposed open space and recreational facilities could reasonably accommodate at any one time.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Applying the formula to the proposal, the applicant has calculated that the podium level landscaping and recreational facilities could accommodate 230 persons at the same time. The applicant has determined from the formula that 152 persons are likely to access the facilities at any time; meaning even at the reduced rate the open space has sufficient capacity to service the recreational needs of residents. Officers consider that the communal open space provided for the development is adequate to service the needs of residents or guests and therefore achieves the purpose of PC22.

AS22.4

The open space achieves the outcomes of AS22.4 with the exception of point c), in that deep planting comprising at least 10% of the site area is not achieved. All landscaping associated with the residential component is located on the podium level.

Deep planting within the site is substituted with planters with adequate soil depths to accommodate a range of vegetation, including large trees. A statement of landscape intent identifies the proposed location, character and selection of planting.

Although no areas of deep planting are being provided, officers are of the opinion that the applicant has adequately demonstrated that the landscape areas will have the capacity to accommodate vegetation that will aesthetically complement the building and enhance the attractiveness of the development. In doing so, it is considered that the proposal satisfies PC22. Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:

Car Parking, Access and Transport Integration Sediment and Erosion Control The proposed development is considered to comply with the acceptable solutions and performance criteria of the relevant constraint codes. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

8 STATE PLANNING POLICIES There are no state planning policies applicable for this application

9 STATE PLANNING REGULATORY PROVISIONS There are no state planning regulatory provisions applicable for this application

10 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan (SEQRP) is a regional strategic document that sets out a sustainable growth management strategy for the SEQ region to effectively deal with the population growth forecasted for this region. The ‘Urban Footprint’ identifies the areas within the SEQ region that are potentially suitable for future urban development.

The subject application is located within the Urban Footprint Land Use Category and as such is deemed to comply with the South-East Queensland Regional Plan 2009-2031.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 21 May 2015.

List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

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

11.1 Health and Regulatory Services – Applicable Health and Regulatory Services addressed the aspects of the development relating to acoustics and waste.

Health and Regulatory Services have advised that the acoustic report is acceptable subject to compliance with recommended conditions. Acoustic conditions relate to design and construction of the building and approved hours of operation associated with any outdoor dining area.

In relation to waste, following an initial information request, the submitted information demonstrates suitable waste generation rates, collection frequencies and storage and servicing areas. Conditions have been provided relating to bulk bin servicing areas and waste room and waste chute design and construction.

11.2 Transport Assessment – Applicable Transport Assessment has considered the traffic impact of the proposal on the surrounding road network and onsite car parking. Comments provided by Transport Assessment are summarised as follows:

The traffic report has examined the impact of the development on the intersections of Harley Street / Ashton Street and Ashton Street / Government Road in the 2015 and 2025 horizon. The analysis shows the intersections will operate well within capacity with no required upgrades.

The submitted plans of development show 279 resident spaces, 29 resident visitor spaces, 74 commercial spaces. This is consistent with the car parking rates of the 2003 planning scheme.

Whilst the development will be compliant with car parking rates upon completion of Stage 4, during stages 1, 2 and 3 the residential car parking supply is short (15 in stage 1, 3 in stage 2 and 4 in stage 3). This shortfall is made up for in excess supply of commercial car parking for each of the proposed stages (15 in stage 1, 14 in stage 2 and 14 in stage 3).

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 To minimise the chances of parking overflow into Harley and Ashton Streets, Officers

recommend the inclusion of a condition that commercial car parking be made available for use of residents outside business hours of the commercial uses.

As the applicant is proposing flexible use commercial floor area (other than for office), Transport Assessment has agreed to accept a rate of 5 spaces per 100sqm for all uses other than office. This is equivalent of the rate being applied to shopping centre developments across the City. The car parking provided for the commercial uses is acceptable.

In summary, sufficient car parking will be provided for the development upon completion. Reduced residential car parking occurs during the first 3 stages of the development, however can be adequately compensated by the temporary allocation of surplus commercial / retail spaces.

Appropriate conditions have been recommended relating to off street parking facilities, bicycle parking and service vehicle facilities.

11.3 Subdivision Engineering - Applicable Subdivision Engineering has recommended the inclusion of conditions relating to the undergrounding of power where overhead wires exist within the adjacent road verges and the installation of telecommunication infrastructure.

Planning Officers support the conditions provided and have included them in the officer recommendation.

11.4 Open Space Assessment Open Space Assessment has recommended conditions relating to the carrying out of streetscape works within the adjoining road reserve.

The conditions are supported by planning officers and are included in the officer recommendation.

11.5 Architect The Office of the City Architect has provided general comments on the architectural merits of the proposal.

The comments are summarised below and include:

The proposal provides a high quality urban streetscape outcome and an appropriate activated edge.

The individual apartment blocks are well distributed with acceptable separation distance, maximising views and access to natural light to the majority of units.

The scale of the development successfully incorporates low rise to the important street edges with 8-9 storey apartment blocks appearing as slender, compact forms and well separated which assists to minimise any perceived bulkiness of the development.

The high quality design will enhance the character of the established surrounding neighbourhood precinct.

The quality of the design will assist to influence the quality of future redevelopment and renewal in the area and along Brisbane Road.

The plans that the above comments are based on have been referenced in the officer recommendation. No architectural changes are required to the plans.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 11.6 Gold Coast Water The applicant submitted a water and sewer capacity analysis, which Gold Coast Water deemed to be acceptable. No augmentations to the current network are required to service the proposal.

Gold Coast Water has provided conditions relating sewerage and water supply reticulation.

11.7 City Infrastructure Conditions have been provided by City Infrastructure that relate to vehicle crossovers and any alterations required to infrastructure within the road reserve.

11.8 Plumbing and Drainage Plumbing and Drainage has provided conditions that require the applicant to make application for compliance permits for sewerage, water supply and fire services plumbing work.

11.9 Environmental Assessment Conditions have been provided that relate to acid sulfate soil investigation and if required the preparation of a management plan. 11.10 Hydraulics and Water Quality Conditions have been provided requiring the applicant to implement an approved stormwater management plan. 11.11 Landscape Assessment Conditions are included in the officer recommendation that require the applicant to undertake and operational works application for landscape work generally in accordance with the submitted statement of landscape intent. 11.12 Geotechnical Engineering Conditions have been recommended relating to basement excavation and certification of the basement excavation stability. 11.13 Social Planning Social Planning has indicated general support for the proposal, however has expressed some concern about a possible 24 hour gymnasium. The concern is not about the use, but about potential for the activity to be a target for criminal and anti-social behaviour, being the only likely 24 hour activity in the locality.

A condition has been recommended relating specifically to onsite security mechanisms and procedures to ensure the safety of patrons and staff. This condition is included in the officer recommendation.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies The development application was referred to the Department of Infrastructure, Local Government and Planning under provisions of the Sustainable Planning Regulation 2009 relating to State-controlled Roads and State-transport Infrastructure.

By correspondence dated 25 June 2015, the department provided Council conditions to be attached to any development approval issued.

The conditions relate to noise attenuation, footpath construction, stormwater management and removal of existing vehicular property access to the State-controlled road.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges

Infrastructure charges are levied under a Charges Resolution by way of an Infrastructure Charges Notice that will be attached to the decision notice.

Development Infrastructure

No trunk infrastructure has been identified by the relevant network owners.

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

In response to notification, eight (8) properly made submissions objecting to the proposal were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Building Height Development in the area is predominantly 1 and 2 storey attached and detached dwellings and apartment buildings up to nine storeys are inconsistent with low rise character of surrounding residential.

The comments raised in the submission have been considered by Officers. The issues in relation to building height have been considered and Officers reasoning for supporting the proposed building height is detailed in section 7.2 above.

Traffic Ashton Street currently experiences high traffic volumes with drivers using it as a connection between Government Road and Babbidge Street to avoid the intersection of Government Road and Brisbane Road. It is inappropriate for the car park access to the development to be taken from Ashton Street. The proposed development will increase traffic volumes along Ashton Street requiring upgrades to the intersections with Harley Street and Government Road to improve safety.

Transport Assessment has considered the volume of traffic past the proposed Ashton Street access. Based on the surveyed traffic volumes the PM period is the critical period, having the highest recorded volume of traffic. If the development is constructed by 2017 it is estimated that 1 vehicle every 14 seconds will pass the proposed Ashton Street access. By 2025 it this will increase to 1 vehicle every 13 seconds. A 5 second gap is generally sufficient to allow for vehicles to safely turn in and out of the property access. The minimum sight distance requirement to achieve a 5 second gap in traffic is 69m. This is achievable from the proposed access point. ‘No stopping’ yellow line marking will need to be installed on Ashton Street for 20m to the west and 30m to the east to ensure no on-street car parking within the sight lines. This will be conditioned accordingly. The volumes of traffic do not warrant separate turning lanes. Transport Assessment therefore considers the access to Ashton Street is acceptable.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 The applicant’s traffic engineer (Bitzios Consulting) has

undertaken an assessment of the priority controlled Harley Street/Ashton Street and the Ashton Street/Government Road intersections in 2015 and 2025 with and without the development. The analysis shows that the intersections will operate well within capacity with no required upgrades. Even if the development were to be completed a couple of years later than modelled (i.e. 2017 as opposed to 2015) the intersections are still expected to operate well within capacity. Transport Assessment therefore considers that the proposed development does not trigger upgrade to the Ashton Street/Harley Street or Ashton Street/ Government Road intersections.

Car Parking The proposed development includes insufficient car parking, with only one space available per unit. Additional residents’ vehicles, plus those of retail and commercial customers will be parked on Ashton Street and Harley Street. Both are narrow streets which become reduced to one lane when vehicles are parked either side of the street. This restricts movement and reduces safety of residents trying to exit properties.

During stages 1, 2 and 3 the residential car parking supply is marginally short of the planning scheme requirement (short 15 in stage 1, 3 in stage 2 and 4 in stage 3). The commercial car parking supply is in surplus for all stages of the proposed development (in excess by 15 in stage 1, 14 in stage 2 and 14 in stage 3). To alleviate the submitters’ concerns and minimise the chances of parking overflow into Harley and Ashton Streets, Officers recommend conditions of approval requiring that that commercial car parking be made available for use of residents outside business hours of the commercial uses. Residential parking overflow is typically expected to occur in the early morning and evening periods outside the hours of the commercial uses. It is therefore logical to make available commercial parking outside typical business hours to optimise the use of parking. Harley and Ashton Streets have a kerb to kerb pavement width of 10m. Even if cars are parked on both sides, there is approximately 6m width remaining, which is sufficient for two vehicles to pass in opposite directions at the same time. Transport Assessment considers that it is unlikely that the streets would be reduced to one lane when vehicles are parked either side of the street. For comparison purposes, Council’s standard residential collector street- designated bus route has a 10m pavement comprising 2 x 2m parking lanes and 2 x 3m travel lanes. This is not too dissimilar to the current pavement width of both Ashton and Harley Streets.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Shadows The proposed building heights will result in a significant increase in overshadowing of surrounding residential dwellings and a reduction in the efficiency of solar panels.

The applicant has provided a shadow analysis of the proposed development. The proposed development complies with the Acceptable Solutions (AS18 and AS19) for the Shadow Provisions of the High Rise Residential and Tourist Accommodation Specific Development Code and as such shadows cast by the development are considered to be acceptable despite the comments raised in the submissions. Nothwithstanding, Officers note the following with respect to shadow. The analysis shows the shadows cast by the development at 9am, 12 noon and 3pm during the Summer Solstice (21 December), Winter Solstice (21 June) and the Autumn and Winter Equinoxes (21 March / September) The shadow analysis shows that: Summer: surrounding dwellings on the southern side of Ashton Street are not affected by shadows. Shadows reach the front property boundaries of residents on the eastern side of Harley Street at 3pm. Autumn / Spring: Properties on the southern side of Ashton Street are unaffected by shadows. From approximately 2pm, properties directly opposite the two, eight storey buildings fronting Harley Street are in shadow as a result of the development. Winter: At 9am, properties on the southern side of Ashton Street will be partially affected by as a result of the development. By approximately 11am, the dwellings within these properties are no longer in shadow and by about 11:30, the shadows have entirely left the property. Properties on the eastern side of Harley Street will experience shadow impacts from approximately 1pm. It is acknowledged that surrounding properties will experience overshadowing as a result of the development compared to the current situation. According to the shadow analysis, surrounding properties will receive a minimum of approximately 6 hours of sunlight out of a possible 10.5 hours at the winter solstice.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3 Public Notification Public notification signs were not properly displayed on the land and not sufficiently visible.

Submitters have indicated that public notification signs were placed in locations where they were not visible. In particular it was submitted that the notification sign on Ashton Street was not properly located in relation to the property boundary and obscured from view by a street tree. The signs were erected by professional public notification consultants who submitted a notice of compliance to Council on 2 October 2015. The notice of compliance stated that the public notification was undertaken in accordance with the requirements of the Sustainable Planning Act 2009. The notice of compliance includes photographs of the signs and their locations. The photos show that the sign on Ashton Street was appropriately located on the property boundary. A street tree is evident in the photo, but unclear if it would obscure view of the sign. All other signs placed on the Harley Street frontage and Brisbane Road frontage were readily visible.

15 CONCLUSION It is recommended that the development application, which is seeking a development permit for a material change of use for Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic should be approved subject to the imposition of suitable conditions.

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

Real property description Lot 1 on RP173266 , Lot 2 on RP103837 , Lot 3 on RP103837 , Lot 4 on RP103837 , Lot 5 on RP103837

Address of property 11 Harley Street Labrador Area of property 8858m² Decision type Development permit for material change of use for

Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic

Further development permits Operational work, Carrying out building work Further compliance permits Compliance permit for sewerage works; water supply

plumbing work and fire services plumbing work Compliance assessment required for documents or works

Dewatering Management Plan; Acid Sulfate Soil Management Plan

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

A Council approves the issue of a development permit for material change of use for Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic, subject to the following conditions:

APPROVED DRAWINGS

Amended plans/drawings to be submitted 1 Amended plans/drawings must be submitted generally in accordance with: a

Plan No. Rev. Title Date Prepared by 8.1 A Level A1 – Ashton Street

(Lower) August 2015 bda Architecture

8.2 A Level A2 – Ashton Street (Upper)

August 2015 bda Architecture

8.3 A Level 01 – Harley Street August 2015 bda Architecture

8.4 A Level 02 - Recreation August 2015 bda Architecture

8.5 A Level 03 August 2015 bda Architecture

8.6 A Level 04 August 2015 bda Architecture

8.7 A Level 05 – 07 August 2015 bda Architecture

8.8 A Level 08 August 2015 bda Architecture

8.9 A Roof August 2015 bda Architecture

8.10 A Section A-A August 2015 bda Architecture

8.11 A Section B-B August 2015 bda Architecture

8.12 A Section C-C August 2015 bda Architecture

8.13 A Section D-D August 2015 bda Architecture

8.14 A Section E-E August 2015 bda Architecture

8.15 A Section F-F August 2015 bda Architecture

8.22 A Building 1 – level 1 August 2015 bda Architecture

8.23 A Building 1 – Level A2 August 2015 bda Architecture

8.24 A Building 1 – Level 01 August 2015 bda Architecture

8.25 A Building 1 – Level 02 August 2015 bda Architecture

8.26 A Building 1 - Level 03 - 08 August 2015 bda Architecture

8.27 A Building 1 – Level 09 August 2015 bda Architecture

8.28 A Building 02 & 03 – Level A1

August 2015 bda Architecture

8.29 A Building 02 & 03 – Level A2

August 2015 bda Architecture

8.30 A Building 02 & 03 – Level 01

August 2015 bda Architecture

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 8.31 A Building 02 & 03 - Level

02 August 2015 bda Architecture

8.32 A Building 02 & 03 – Level 03 - 08

August 2015 bda Architecture

8.33 A Building 02 & 03 – Roof – Services

August 2015 bda Architecture

8.34 A Building 04 & 06 – Level A1

August 2015 bda Architecture

8.35 A Building 04 & 06 – Level A2

August 2015 bda Architecture

8.36 A Building 04 & 06 – Level 01

August 2015 bda Architecture

8.37 A Building 04 & 06 – Level 02

August 2015 bda Architecture

8.38 A Building 04 & 06 – Level 03

August 2015 bda Architecture

8.39 A Building 04 & 06 – Level 04

August 2015 bda Architecture

8.40 A Building 04 & 06 – Level 05

August 2015 bda Architecture

8.41 A Building 04 &06 – Level 06

August 2015 bda Architecture

8.42 A Building 05 – Level A1 August 2015 bda Architecture

8.43 A Building 05 – Level A2 August 2015 bda Architecture

8.44 A Building 05 – Level 01 August 2015 bda Architecture

8.45 A Building 05 – Level 02 August 2015 bda Architecture

8.46 A Building 05 – Level 03 August 2015 bda Architecture

8.47 A Building 05 – Roof August 2015 bda Architecture

8.48 A Building 1 North Elevation

August 2015 bda Architecture

8.49 A Building 1 East Elevation August 2015 bda Architecture

8.50 A Building 1 South Elevation

August 2015 bda Architecture

8.51 A Building 1 West Elevation August 2015 bda Architecture

8.52 A Building 2 North Elevation

August 2015 bda Architecture

8.53 A Building 2 East Elevation August 2015 bda Architecture

8.54 A Building 2 South Elevation

August 2015 bda Architecture

8.55 A Building 2 West Elevation August 2015 bda Architecture

8.56 A Building 3 North Elevation

August 2015 bda Architecture

8.57 A Building 3 East Elevation August 2015 bda Architecture

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

240 Adopted Report

Page 241: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 8.58 A Building 3 South

Elevation August 2015 bda Architecture

8.59 A Building 3 West Elevation August 2015 bda Architecture

8.60 A Building 4 North Elevation

August 2015 bda Architecture

8.61 A Building 4 East Elevation August 2015 bda Architecture

8.62 A Building 4 South Elevation

August 2015 bda Architecture

8.63 A Building 4 West Elevation August 2015 bda Architecture

8.64 A Building 5 & 6 North Elevation

August 2015 bda Architecture

8.65 A Building 5 & 6 East Elevation

August 2015 bda Architecture

8.66 A Building 5 & 6 South Elevation

August 2015 bda Architecture

8.67 A Building 5 & 6 West Elevation

August 2015 bda Architecture

showing the following amendments: Refer to figure 3.3 Minimum Sight Lines for Pedestrian Safety of AS2890.1-i 2004 Parking Facilities Part 1: Off Street Car Parking and provide a pedestrian sight triangle only on the departure side of the driveway where vehicles exit the site at Harley Street and Ashton Road. All other sight triangles currently shown on the plan must be removed. Between the existing kerbs on Harley Street show minimum 2 x 2.1m wide ii parking lanes (both sides with kerb build outs on development side only) and 2 x 3m travel lanes. Show compliance with section 3.2.4a of AS2890.1-2004 Parking Facilities iii Part 1: Off Street Car Parking by removing all physical obstructions including but not limited to on-street car parking on both sides of each driveway. Provide sections showing a minimum 3.5m vertical clearance on level 01- iv Harley Street to all areas where a SRV will circulate and manoeuvre to access the loading bay including beneath the security gate.

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to:

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

Changes requiring further approval 2 Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows:

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

241 Adopted Report

Page 242: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required. Information note:

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

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

Lots to be amalgamated 5 Lot 1 on RP173266 and Lots 2, 3, 4 and 5 on RP103837 must be amalgamated into one lot. The plan of amalgamation must be registered.

Timing Prior to commencement of the use of the premises.

Notice of works timetable 6 The applicant must give Council written notice of the following:

Application number; a Site address; b Name and telephone number (work and after hours) of c the project manager and the site owner; Works intended to be carried out; d The proposed timetable associated with the works, e including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

242 Adopted Report

Page 243: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

Resolution of conflict between conditions and plans 7 The conditions of this approval are to be read in conjunction with the attached stamped approved engineering drawings. Where a conflict occurs between the conditions of this approval and the stamped approved engineering drawings, the conditions of this approval shall take precedence.

Timing At all times.

CAR PARKING AND ACCESS

Off street car parking facilities 8 Off-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used b for vehicle parking. A minimum combined total of 382 off-street car parking c spaces must be provided for on-site, comprising 279 spaces for residents and 103 spaces for resident visitors and commercial visitors and staff. In addition to the above requirement, car parking is to d be provided on a per stage basis as follows:

Stage 1- 131 spaces i Stage 2- subtotal 204 spaces ii Stage 3- subtotal 296 spaces iii Stage 4- total 382 spaces iv

During stages 1, 2 and 3 commercial car parking must e be made available to residents outside business hours of the commercial uses. Off-street car parking facilities must be drained, sealed f and line marked.

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

Freely accessible car parking 9 All resident and commercial visitor and staff car a parking must be accessible, not subject to regulations or restrictions, to staff for the time the commercial uses are open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours of the commercial uses.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

243 Adopted Report

Page 244: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Intercom system 10 An intercom system must be installed and maintained, linking each of the dwellings with the security gate at Harley Street entry to provide access for residential visitors to the site outside business hours of the commercial uses. The intercom system is to be located as close as possible to the security gate to maximise queuing of vehicles within the boundaries of the subject site. The design and construction of the system must be completed to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

Bicycle parking 11 Bicycle parking facilities must be provided to the a satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with:

65 class 2 bicycle parking spaces for residents i and 17 class 3 bicycle parking spaces for resident visitors; 7 class 2 bicycle parking spaces for employees ii and 4 class 3 bicycle parking spaces for commercial visitors; Austroads Guides to Traffic Engineering: Part 14; iii and AS2890.3. iv

The bicycle parking spaces are to: b Enable wheels and frame to be located to the i device without damaging the bicycle; Be located outside pedestrian movement paths; ii Be accessible from the road; iii Be arranged so that parking and unparking iv manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles v and opening car doors; Be as close as possible to the cyclists ultimate vi destination; Be well lit by appropriate existing or new lighting; vii and Be protected from the weather. viii

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

Loading and unloading 12 Loading and unloading of a vehicle servicing the a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. The gate between Harley Street and the service area c loading bay must remain open at all times during business hours of the commercial uses. All vehicles must enter and exit the site in a forward d gear.

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

244 Adopted Report

Page 245: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Off-street commercial vehicle facilities 13 Off-street commercial vehicle facilities must be a designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must only be b used for loading and unloading. Off-street commercial vehicle facilities must be c drained, sealed and line marked.

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

Signs and line marking 14 In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council:

Signage located within the site visible to entering a vehicles including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording giving direction to visitor parking. Signs and line marking to identify persons with b disabilities parking (AS2890.6). Signs and line marking to give direction to bicycle c parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

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

VEHICULAR CROSSINGS AND DRIVEWAYS

Sight lines to pedestrians 15 Where a driveway is two-lane, two-way and meets a property boundary to a public roadway, a clear (triangulated) sight line must be provided and maintained. The sight line must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The area within these sight triangles must be kept clear of obstructions.

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

Vehicular crossings 16 A vehicular crossing (driveway entry within the road a reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable:

05-02-301 Vehicular crossing industrial, i commercial and multi-unit residential.

Timing Prior to commencement of the use on the site.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

245 Adopted Report

Page 246: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

The applicant must apply for and obtain a licence from b Council for the construction of the vehicular crossing/s. The vehicular crossing/s must be constructed to the c satisfaction of the Chief Executive Officer.

Relocation of power pole 17 There must be a minimum separation of 1.5 metres between the power pole and the crossover (including the splays). If this cannot be achieved, the pole must be relocated to provide the minimum separation. The applicant must obtain all necessary approvals associated with the relocation of the power pole and undertake the relocation to the satisfaction of the Chief Executive officer, at no cost to Council. Alternatively, the applicant may choose to relocate the crossing to provide a minimum separation of 1.5 metres from the crossover (including the splays) on the provision that all other conditions are met.

Timing Prior to the commencement of the use.

Entering sight distance- Ashton Street vehicle access 18 Install ‘no stopping’ yellow line marking adjacent to the northern kerb of Ashton Street measuring 30m on the eastern side of the driveway and 20m on the western side of the driveway. This is to be undertaken in accordance with the Queensland Manual of Uniform Traffic Control Devices, to the satisfaction of the Chief Executive Officer and at no cost to Council. Information note:

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

Timing Prior to the commencement of the use.

Redundant vehicular crossings 19 All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.

Timing Prior to the commencement of the use.

PATHS

Paths 20 The applicant must design and construct concrete a paths as follows:

Minimum 1.5m wide path along the full frontage i of the site to Harley Street and Ashton Street. Minimum 1.2m wide paths linking the site’s ii pedestrian entries to the new path on the verge of Harley Street and Ashton Street.

The applicant must apply for and obtain a development b

Timing Prior to the commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

246 Adopted Report

Page 247: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

permit for operational work (works for infrastructure) from Council for the design and construction of the above paths. Approval of plans, which show the location of paths, is not to be taken as an approval to construct.

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

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

Reconstruction of kerb and channel / footpath 21 The applicant must reconstruct all kerb and channel a and footpath for the full frontage/s of the development site at Harley Street and Ashton Street to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The reconstruction of any service pits or infrastructure b necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

Removal of redundant stormwater kerb adaptors / 22 service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

Connection to, alteration or realignment of Council 23 infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with

Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works;

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

247 Adopted Report

Page 248: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer.

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing

ELECTRICAL RETICULATION

Electricity supply to MCU developments and private 24 estates

The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that:

low-voltage electricity supply is available to the a development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). in supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected within the road reserve. any existing overhead electricity lines up to and c including 11kV lines within or bounding the site (i.e. along the adjacent verges) must be removed or placed underground.

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.

TELECOMMUNICATIONS

Telecommunications – MCU 25 The applicant must:

Provide underground telecommunications to the a

Timing Prior to commencement of the use.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

248 Adopted Report

Page 249: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).

LANDSCAPE WORKS ON PRIVATE LAND

Detailed landscape plan to be submitted for approval 26 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii Landscape Intent, being plan no. 131111; titled ‘Labrador Park – Landscape Design Intent’, dated 8 May 2015, prepared by Form Landscape Architects. Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; Comply with Planning Scheme Policy 13 – iv Landscape Strategy Part 2 – Landscape Works Documentation Manual; and Demonstrate compliance with the following: v A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litres at the time of planting;

B Feature tree species must be native evergreen canopy shade trees with a minimum bag size of 400 litres at time of planting;

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

D Screening shrub species must be a minimum 45 litre pot size at time of planting;

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

249 Adopted Report

Page 250: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

F The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

OPEN SPACE

Streetscape works within public road reserve 27 The applicant is required to ensure that street trees are a planted within the public road reserve directly fronting the subject site along Brisbane Road, Harvey Street and Ashton Street. The location, quantity and species are to be b determined through the assessment of the development application for Operational Works (public landscape) required by condition of this approval. All street trees required by conditions of this approval c must be shown and approved on the OPW public landscape application and must be installed, established and maintained in accordance with the following:

Planning Scheme Policy 11 – Land Development i Guidelines, Standard Specifications and Drawings; Planning Scheme Policy 12 – Landscape ii Strategy Part 1 1 – Landscape Character: Guideline the Image of the City; Planning Scheme Policy 13 – Landscape iii Strategy Part 2 – Landscape Works Documentation Manual; and Be constructed at no cost to Council. iv

Timing Prior to the commencement of the use of the premises.

Detailed landscape plans for public road reserve to be 28 submitted for approval

The applicant must submit to Council for approval a detailed landscape plans, by making a development application for Operational Work (Public Landscape Work).

Timing Prior to any landscape works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

250 Adopted Report

Page 251: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Landscape works must not commence on the site until b Council has issued a development permit for Operational Work (Public Landscape Work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning c scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

be prepared by a qualified landscape architect or i similar landscape design professional; be in general accordance with the statement of ii landscape intent titled ‘Landscape Design Intent for Labrador Park, DA05, prepared by Form Landscape Architects dated 28 July 2015; reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval;

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

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

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

boundaries or where underground services are located;

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

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

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

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F Trees must not be planted within fifteen (15) metres of the approach side and six (6) metres of the departure side of a pedestrian crossing or bus stop;

G All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

251 Adopted Report

Page 252: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Works Documentation Manual and Planning Scheme Policy 6: Entry Statements.

The landscape works must be constructed in d accordance with the approved landscape plan. The applicant must provide landscape maintenance e schedules as part of the public landscape application. The maintenance schedules must:

Be in accordance with section 3.1 of the Gold i Coast City Council Open Space Management Guidelines; Complete and submit table 6 – Maintenance ii Monitoring Timelines from the Gold Coast City Council, Open Space Management Guidelines (November 2007) and; Complete and submit Table 7 – Maintenance iii Activity Specification Summary Table from the Gold Coast City Council, Open Space Management Guidelines (November 2007) Insert completed tables (6&7) within submitted iv drawing sheets Be submitted with the OPW public landscape v application

Timing Compliance with (d) to occur prior to the commencement of the use of the premises.

‘Pre-start’ inspection required 29 The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

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

Establishment period for public road reserve 30 a Upon completion of the public landscape works in

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

b The applicant is responsible for the establishment of all living components of public road reserve, to the satisfaction of the Chief Executive Officer, for the duration of a six (6) month ‘Establishment Period’, prior to the commencement of ‘On Maintenance’ period, in accordance with section 6.17 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

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

Timing As indicated in the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

252 Adopted Report

Page 253: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

i Rectify any defects arising from substandard workmanship;

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

iii Maintain all components and their environs. ‘On Maintenance’ period for public road reserve 31

The applicant must notify Council’s Contributed Assets a Section (ph: (07) 5582 9034) when the landscape works are complete and established as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance of this site ‘On Maintenance’.

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

Timing As indicated within the wording of the condition.

The applicant must notify Council’s Contributed Assets c Section (ph: (07) 5582 9034) when the ‘On Maintenance’ period is complete as per the approved landscape plans and Open Space Management Plan for this site, for an on-site meeting.

Timing Prior to acceptance by Council of ‘Off Maintenance’.

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

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

Timing At the time of landscape works and then to be maintained.

Standard of works/embellishments within open space 32 Works undertaken and any embellishments installed within public road reserve must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

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

HYDRAULICS

No worsening of hydraulic conditions 33 The development must be designed and constructed so as to result in:

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

Alteration of overland flow paths 34 Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing At all times.

Stormwater management plan to be complied with 35 The applicant must, (for each stage of the development) submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan being “1-11 Harley Street, Labrador, Conceptual Stormwater Management Plan, Revision 04 (Job no. 15903)” dated 12 June 2015 prepared by ADG Consulting Pty Ltd (Part 1 of 4 to Part 4 of 4). Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted prior to compliance assessment of the subdivision plan or 'On Maintenance' (whichever occurs first), or if no subdivision plan is required, prior to the commencement of the use of the premises.

Staged construction of bio-retention basins 36 The development of the stage, which relies on the bio-retention basin located in other stage for stormwater quality improvement purposes, must not proceed until the bio-retention basin on the relevant stage is constructed and functional or the relevant bio-retention basin is constructed in conjunction with the dependent stage.

Timing As stated in the text.

Certification that stormwater management treatment 37 train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the commencement of the use of the premises.

SQIDs maintenance management plan 38 A maintenance management plan for stormwater a quality improvement devices (SQIDs) for the site must be prepared by a qualified professional (RPEQ or equivalent) at the owner’s expense and in accordance with the Council's Water Sensitive Urban Design Guidelines (2007).

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

254 Adopted Report

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

The legal authority of the property shall be responsible b for the maintenance and monitoring of the stormwater management devices during both construction and operational phases of the development at no cost to the Council.

GPT in basement car park 39 A gross pollutant trap (hydrocarbon and litter separator) a must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.

Timing At all times.

Any designated carwash bay will require a trade waste b approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.

Agreement to remove hydrocarbons for GPT 40 The applicant must ensure that: a

Hydrocarbons and other waste captured by the i gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and The gross pollutant trap is maintained so that it ii functions for its intended purpose.

The applicant must submit to Council evidence that an b agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition.

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

Preparation of dewatering management plan 41 Should the basement excavation intercept the groundwater table; a dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, October 2014) and include (but not limited to) the following:

Purpose of dewatering (ie an explanation of why a dewatering is necessary); Dewatering technique (i.e. wellpoint, deep well, open b hole etc.); Anticipated dewatering flow rate and total dewatering c duration; Controls (i.e. settling tank, turbidity curtain etc.) and d method of effluent discharge; Measures and techniques to manage noise, vibration e and odour issues; Measures and techniques to manage geotechnical f stability issues;

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Contingency plan in case of emergency situation; g If dewatering conducted in a contaminated area, h engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2; A monitoring program to ensure that effluent will i comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines; Baseline assessment of the existing environment (eg j fauna, water quality) that will receive the discharge; A strategy for monitoring and managing any impacts k during the life and after the closure of the project; The point of discharge to the storm water system and l to any waterway or water body; A hydrogeological and hydrological assessment of the m project area to estimate quantity and quality of water to be discharged; Verification that the quality of discharge water will n comply with the receiving water duration and frequency of the discharge; Seasonal variability of the receiving water quality; o Assessment of the viability of treating or recycling the p wastewater.

All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’. Compliance assessment of dewatering management 42 plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy (DSDIP, July 2014); The planning scheme’s Changes to Ground Level and

Creation of New Waterbodies Specific Development Code;

Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils; and

Guidelines for Dewatering Management Plan (CoGC, October 2014).

Compliance assessor: Gold Coast City Council

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

256 Adopted Report

Page 257: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

When the request for compliance assessment must be made Prior to the earlier of: A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work 43 development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application. Works must be carried out in accordance with the 44 approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

EROSION AND SEDIMENT CONTROL

Erosion and sediment control 45 Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. All polluted/contaminated water from the site, including d dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out e before the site is fully rehabilitated:

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

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

257 Adopted Report

Page 258: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

GEOTECHNICAL

Basement excavation and ground anchoring issues 46 In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority.

Written confirmation signed by the applicant or the a applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or If the proposed basement excavation does require b ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note:

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

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

Timing In conjunction with any application seeking a development permit for building works.

Certification of basement excavation stability 47 The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures have been adequately designed based

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

258 Adopted Report

Page 259: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

on existing geotechnical conditions of the site, the excavation batters/supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

ACID SULFATE SOILS (ASS)/GROUNDWATER

Excavation/filling requiring consideration of acid sulfate 48 soil If the proposed development will affect soils below 5m AHD and involves either:

The excavation of 100m3 or more of soil or sediment; or a The filling of land involving 500m3 or more of material b with an average depth of 0.5m or greater,

the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.

Timing At all times.

Acid sulfate soil investigation 49 An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following:

The presence/absence of acid sulfate soils over the a entire excavation area (ie. through soil investigations); The degree (ie. concentration) of acid leachate b generating potential of soils; The required soil dosage rates and quantity of lime c required to mitigate acid leachate; and The potential impacts on surrounding environment d features.

Preparation of acid sulfate soil management plan 50 At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with:

The Queensland Acid Sulfate Soil Technical Manual a Version 3.8 (November 2002, Dear et al); and Conditions of this approval. b

Compliance assessment of acid sulfate soil management 51 plan The ASSMP is a document requiring compliance assessment

Timing As indicated within the wording of the condition.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

259 Adopted Report

Page 260: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition 41 (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy 2/02: Planning and Management

Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02);

The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and

Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils.

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Before the earlier of: A development application for operational work; or Any works commencing on site. The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work 52 development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications for change to ground level.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Crime Prevention Through Environmental Design 53 (CPTED) The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles in the detailed design to promote opportunities for casual surveillance and to ensure clear sightlines are maintained. This is to include:

Where practical and not in conflict with the approved a Statement of Landscape Intent, visibility through vegetation foliage must be clear between the height of 0.6m and 1.8m adjacent to pedestrian routes within the development; and

Timing At all times

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

260 Adopted Report

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Safe and accessible paths of travel must include clear b directional signage and be maintained during the construction phase. Any construction barriers must be positioned to ensure they do not create concealment spots or potential entrapment zones.

Timing At all times during construction

Detailed design of built elements to incorporate graffiti 54 prevention principles Detailed design of built elements including fencing and buildings must incorporate graffiti prevention principles. Note: Graffiti prevention principles used may include, but are not limited to:

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

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

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

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

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

Further advice regarding graffiti prevention is available at www.goldcoast.qld.gov.au/preventgraffiti.

Timing At all times

Fencing design to promote casual surveillance 55 Any fencing that exceeds 1.2m in height and constructed on property boundaries or adjacent to communal open space must have permanent visibility through at least 50% of the surface area.

Timing At all times

Lighting to promote community safety 56 The applicant must install and maintain lighting along all publicly accessible pedestrian connections within the development, at no cost to Council. The design and construction of the lighting system must:

Provide a consistent level of light, to meet minimum a requirements of Australian Standard AS1158; and Include vandal resistant fixtures. b

Timing Prior to the commencement of the use on the site

SECURITY MANAGEMENT

Indoor Recreation Facility (Gymnasium) - Security 57 measures to reduce opportunities for criminal behaviour Should an Indoor Recreation Facility (Gymnasium) be established onsite which operates 24 hours a day:

A secure door access system must be provided and a personal safety/duress alarms made available for use by patrons attending the premises (wall mounted units or pendant duress units).

Timing At all times once Indoor Recreational Facility is operational.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

261 Adopted Report

Page 262: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Access to a house telephone or public telephone must b be provided to members and staff who wish to call security or emergency services. Signage must be predominantly displayed in the c entry/reception area, and where possible visible from outside of the tenancy to advise members and staff of the availability of customer safety/duress units and how to contact security outside of standard business hours.

SEWERAGE

Application for compliance permit for sewerage works 58 required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b

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

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

Information note:

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

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

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

WATER SUPPLY RETICULATION

Application for compliance permit for water supply 59 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

Timing Prior to works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

262 Adopted Report

Page 263: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b Guidelines.

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

FIRE SERVICES

Application for compliance permit for fire services 60 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

SEWERAGE

Sewer reticulation 61 The development must be connected to Council’s a sewer reticulation system at the applicant’s cost. The sewer property service shall be minimum 150mm b in accordance with SEQ Water Supply and Sewerage Design and Construction Code (SEQ D&C Code), unless otherwise approved by Council’s Plumbing and Drainage section.

Timing Prior to commencement of the use of the premises.

Design, construction and standard of sewer reticulation 62 The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

Connection point 63 The existing manhole 1A/1011 located near the south western corner of lot 5 on RP103837 must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

Redundant Sewerage infrastructure 64 Should a CCTV video inspection and report (at the a

Timing Prior to

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

263 Adopted Report

Page 264: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

applicant’s expense) reveal that lot 2 on RP173266 is not connected to the sewer main along its eastern boundary, the existing sewer mains within the development site and along the eastern boundary of lot 2 on RP173266 must be decommissioned in accordance with Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure. Should the CCTV reveal that lot 2 on RP173266 is b connected to the sewer main along its eastern boundary, the existing sewer mains within the development site must be decommissioned in accordance with Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure. The applicant must make an application for Gold Coast c Water to remove and/or cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply d with Gold Coast Waters Network Development and Connections Policy and Procedure.

commencement of the use of the premises

Connections and disconnections – arrangements with 65 Gold Coast Water All connections and disconnections to the existing sewer network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewer network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

Operational work (works for infrastructure) application 66 required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (redundant diversion) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

WATER SUPPLY RETICULATION

Water supply reticulation (potable only) 67 The development must be connected to Council’s a potable water supply system, at the applicant’s cost. The applicant is responsible for any external works b necessary to connect to Council’s water supply reticulation system.

Timing Prior to commencement of use.

Design, construction and standard of water supply 68 reticulation The design, construction and standard of the required water

Timing At all times.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

264 Adopted Report

Page 265: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). Connection point 69 The existing 100mm water main along Ashton Street must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

Connections and disconnections – arrangements with 70 Gold Coast Water All connections and disconnections to the existing water supply network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water supply network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

Supply standard 71 The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure.

Timing At all times.

Installation of property service, water meter box and 72 meter The applicant must:

Submit an Operational Works (OPW) application, for a Council's approval, for water meters 40mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for GCW to remove any redundant c water meters and/or services, at the applicants cost.

Timing Prior to commencement of the use of the premises.

Fire loading 73 Fire loading must not exceed 15L/s for two (2) hours duration.

Timing At all times.

Individual sub-metering to be provided 74 The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008,

Timing At the time of lodgement of the Plumbing and Drainage

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

265 Adopted Report

Page 266: of the City Planning Committee Meeting · 2019. 6. 23. · ADOPTION BY COUNCIL 22 APRIL 2016 . RESOLUTION G16.0422.021 moved Cr D Gates seconded Cr W Owen-Jones . That the Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

as follows unless otherwise approved by Gold Coast Water. All meters and their locations shall be approved by a Plumbing and Drainage. Automatic Meter Reading (AMR) technology shall be b utilised where free access for meter reading cannot be provided. For high-rise complexes, sub-meters shall be installed c in common areas such as stairwell landings or beside the elevator shaft. For high-rise developments, the developer shall furnish d the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

application.

Water supply services to mixed use high rise 75 developments / buildings Should there be any future intentions of a volumetric subdivision, separate water supply services must be designed and constructed to the different uses (e.g. commercial, residential) or to each future volumetric lot within the mixed use high rise development / building, to the satisfaction of Council’s Chief Executive Officer. This is required so that future volumetric lots within the site can comply with Gold Coast Water and State Government requirements for separate service connection to each volumetric Reconfiguring of a Lot and so the internal services can be managed through the Building Management Statement.

Timing At all times.

CONSTRUCTION MANAGEMENT

Construction management plan 76 Part A Construction Management Requirements

The construction management plan must be submitted a in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all b activities associated with construction (excluding noise and dust issues), including but not limited to:

Vehicle access (including responsibility for i maintenance of the defined cartage route) during hours of construction; Traffic management (including loading and ii unloading); Parking of vehicles (including on site employees iii and delivery vehicles); Maintenance of safe pedestrian movement iv across the site’s frontage/s (including by people

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

with disabilities); Building waste / refuse disposal; v Presentation of hoarding to the street; vi Tree management. vii

The construction management plan must demonstrate c that:

the general public will be adequately protected i from construction activities; the building site will be kept clean and tidy to ii maintain public safety and amenity; and demand for occupation of the street and iii protection of Council assets will be well managed.

Should the development be under construction during d the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites. The approved construction management plan must be e complied with and kept on-site at all times.

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply.

Where it is proposed to interfere with a road for any f building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any g building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road h reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

Noise management 77 Noise from construction activities must not cause an a ‘environmental nuisance’ (within the meaning of that

Timing As indicated within the wording of the

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. A noise management plan must be submitted to, and b approved by, Council prior to the issue of any development permit for the carrying out of building work. The noise management plan must: c

be prepared by a suitably qualified acoustic i engineer; provide details of expected noise sources; ii include an assessment of the predicted noise iii levels from all proposed construction activities; identify the measures and work practices that will iv be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for v monitoring of noise emissions; provide details of complaint response procedures vi that will be adopted; identify the procedures to be adopted for revision vii and review of the noise management plan.

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

condition.

ADVISORY NOTES TO APPLICANT

A Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access,

including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of Infrastructure, Local Government and Planning

PO Box 3290 Australia Fair SOUTHPORT QLD 4215

Concurrence Agency Development impacting on State transport infrastructure; State-controlled road matters

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

C Mechanical Surveillance For any mechanical surveillance (e.g. CCTV) installed on the premises, footage should be retained for a minimum period of 30 days and provided to Police upon request.

D Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

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

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

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

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

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

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

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

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

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

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

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

Author: Authorised by:

Phillip Zappala Dyan Currie Supervising Planner Major Assessment Director Planning and Environment 5 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR – DIVISION 4 PN10561/01/DA3

Committee Recommendation Adopted At Council 22 April 2016 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0419.003 moved Cr Gates seconded Cr Vorster That Council resolves as follows: Real property description Lot 1 on RP173266 , Lot 2 on RP103837 , Lot 3 on

RP103837, Lot 4 on RP103837, Lot 5 on RP103837 Address of property 11 Harley Street Labrador Area of property 8858m² Decision type Development permit for material change of use for

Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic

Further development permits Operational work, Carrying out building work Further compliance permits Compliance permit for sewerage works; water supply

plumbing work and fire services plumbing work Compliance assessment required for documents or works

Dewatering Management Plan; Acid Sulfate Soil Management Plan

A Council approves the issue of a development permit for material change of use for

Apartments, Commercial Services, Community Purposes, Educational Establishment, Home Office, Indoor Recreational Facility (Gymnasium), Medical Centre, Office, Restaurant, Service Industry (Group A & B), Shop, Showroom, Takeaway Food Premises and Veterinary Clinic, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by 8.1 A Level A1 – Ashton Street

(Lower) August 2015 bda Architecture

8.2 A Level A2 – Ashton Street (Upper)

August 2015 bda Architecture

8.3 A Level 01 – Harley Street August 2015 bda Architecture

8.4 A Level 02 - Recreation August 2015 bda Architecture

8.5 A Level 03 August 2015 bda Architecture

8.6 A Level 04 August 2015 bda Architecture

8.7 A Level 05 – 07 August 2015 bda Architecture

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 8.8 A Level 08 August 2015 bda Architecture

8.9 A Roof August 2015 bda Architecture

8.10 A Section A-A August 2015 bda Architecture

8.11 A Section B-B August 2015 bda Architecture

8.12 A Section C-C August 2015 bda Architecture

8.13 A Section D-D August 2015 bda Architecture

8.14 A Section E-E August 2015 bda Architecture

8.15 A Section F-F August 2015 bda Architecture

8.22 A Building 1 – level 1 August 2015 bda Architecture

8.23 A Building 1 – Level A2 August 2015 bda Architecture

8.24 A Building 1 – Level 01 August 2015 bda Architecture

8.25 A Building 1 – Level 02 August 2015 bda Architecture

8.26 A Building 1 - Level 03 - 08 August 2015 bda Architecture

8.27 A Building 1 – Level 09 August 2015 bda Architecture

8.28 A Building 02 & 03 – Level A1

August 2015 bda Architecture

8.29 A Building 02 & 03 – Level A2

August 2015 bda Architecture

8.30 A Building 02 & 03 – Level 01

August 2015 bda Architecture

8.31 A Building 02 & 03 - Level 02

August 2015 bda Architecture

8.32 A Building 02 & 03 – Level 03 - 08

August 2015 bda Architecture

8.33 A Building 02 & 03 – Roof – Services

August 2015 bda Architecture

8.34 A Building 04 & 06 – Level A1

August 2015 bda Architecture

8.35 A Building 04 & 06 – Level A2

August 2015 bda Architecture

8.36 A Building 04 & 06 – Level 01

August 2015 bda Architecture

8.37 A Building 04 & 06 – Level 02

August 2015 bda Architecture

8.38 A Building 04 & 06 – Level 03

August 2015 bda Architecture

8.39 A Building 04 & 06 – Level 04

August 2015 bda Architecture

8.40 A Building 04 & 06 – Level 05

August 2015 bda Architecture

8.41 A Building 04 &06 – Level August 2015 bda Architecture

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

06 8.42 A Building 05 – Level A1 August 2015 bda Architecture

8.43 A Building 05 – Level A2 August 2015 bda Architecture

8.44 A Building 05 – Level 01 August 2015 bda Architecture

8.45 A Building 05 – Level 02 August 2015 bda Architecture

8.46 A Building 05 – Level 03 August 2015 bda Architecture

8.47 A Building 05 – Roof August 2015 bda Architecture

8.48 A Building 1 North Elevation

August 2015 bda Architecture

8.49 A Building 1 East Elevation August 2015 bda Architecture 8.50 A Building 1 South

Elevation August 2015 bda Architecture

8.51 A Building 1 West Elevation August 2015 bda Architecture

8.52 A Building 2 North Elevation August 2015 bda Architecture

8.53 A Building 2 East Elevation August 2015 bda Architecture

8.54 A Building 2 South Elevation

August 2015 bda Architecture

8.55 A Building 2 West Elevation August 2015 bda Architecture

8.56 A Building 3 North Elevation August 2015 bda Architecture

8.57 A Building 3 East Elevation August 2015 bda Architecture

8.58 A Building 3 South Elevation

August 2015 bda Architecture

8.59 A Building 3 West Elevation August 2015 bda Architecture

8.60 A Building 4 North Elevation August 2015 bda Architecture

8.61 A Building 4 East Elevation August 2015 bda Architecture

8.62 A Building 4 South Elevation

August 2015 bda Architecture

8.63 A Building 4 West Elevation August 2015 bda Architecture

8.64 A Building 5 & 6 North Elevation

August 2015 bda Architecture

8.65 A Building 5 & 6 East Elevation

August 2015 bda Architecture

8.66 A Building 5 & 6 South Elevation

August 2015 bda Architecture

8.67 A Building 5 & 6 West Elevation

August 2015 bda Architecture

showing the following amendments: i Refer to figure 3.3 Minimum Sight Lines for Pedestrian Safety of AS2890.1-

2004 Parking Facilities Part 1: Off Street Car Parking and provide a pedestrian sight triangle only on the departure side of the driveway where vehicles exit the site at Harley Street and Ashton Road. All other sight triangles currently shown on the plan must be removed.

ii Between the existing kerbs on Harley Street show minimum 2 x 2.1m wide parking lanes (both sides with kerb build outs on development side only)

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

and 2 x 3m travel lanes. iii Show compliance with section 3.2.4a of AS2890.1-2004 Parking Facilities

Part 1: Off Street Car Parking by removing all physical obstructions including but not limited to on-street car parking on both sides of each driveway.

iv Provide sections showing a minimum 3.5m vertical clearance on level 01- Harley Street to all areas where a SRV will circulate and manoeuvre to access the loading bay including beneath the security gate.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Issue of a development permit for the carrying out of building work.

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

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

Timing At all times.

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 5 Lots to be amalgamated

Lot 1 on RP173266 and Lots 2, 3, 4 and 5 on RP103837 must be amalgamated into one lot. The plan of amalgamation must be registered.

Timing Prior to commencement of the use of the premises.

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

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

including expected commencement, duration and completion date.

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

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

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

Timing At all times.

CAR PARKING AND ACCESS

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

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

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

c A minimum combined total of 382 off-street car parking spaces must be provided for on-site, comprising 279 spaces for residents and 103 spaces for resident visitors and commercial visitors and staff.

d In addition to the above requirement, car parking is to

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

be provided on a per stage basis as follows: i Stage 1- 131 spaces ii Stage 2- subtotal 204 spaces iii Stage 3- subtotal 296 spaces iv Stage 4- total 382 spaces

e During stages 1, 2 and 3 commercial car parking must be made available to residents outside business hours of the commercial uses.

f Off-street car parking facilities must be drained, sealed and line marked.

9 Freely accessible car parking a All resident and commercial visitor and staff car

parking must be accessible, not subject to regulations or restrictions, to staff for the time the commercial uses are open for business and to bona fide visitors for the duration of any visit to the site.

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

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

10 Intercom system An intercom system must be installed and maintained, linking each of the dwellings with the security gate at Harley Street entry to provide access for residential visitors to the site outside business hours of the commercial uses. The intercom system is to be located as close as possible to the security gate to maximise queuing of vehicles within the boundaries of the subject site. The design and construction of the system must be completed to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

11 Bicycle parking a Bicycle parking facilities must be provided to the

satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with: i 65 class 2 bicycle parking spaces for residents

and 17 class 3 bicycle parking spaces for resident visitors;

ii 7 class 2 bicycle parking spaces for employees and 4 class 3 bicycle parking spaces for commercial visitors;

iii Austroads Guides to Traffic Engineering: Part 14; and

iv AS2890.3. b The bicycle parking spaces are to:

i Enable wheels and frame to be located to the device without damaging the bicycle;

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking

manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles

and opening car doors; vi Be as close as possible to the cyclists ultimate

destination; vii Be well lit by appropriate existing or new lighting;

and viii Be protected from the weather.

12 Loading and unloading a Loading and unloading of a vehicle servicing the

development must be conducted wholly within the site. b A vehicle or vehicles waiting to be loaded or unloaded

must stand entirely within the site. c The gate between Harley Street and the service area

loading bay must remain open at all times during business hours of the commercial uses.

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

Timing At all times.

13 Off-street commercial vehicle facilities a Off-street commercial vehicle facilities must be

designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version).

b Off-street commercial vehicle facilities must only be used for loading and unloading.

c Off-street commercial vehicle facilities must be drained, sealed and line marked.

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

14 Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a Signage located within the site visible to entering

vehicles including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording giving direction to visitor parking.

b Signs and line marking to identify persons with disabilities parking (AS2890.6).

c Signs and line marking to give direction to bicycle parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

VEHICULAR CROSSINGS AND DRIVEWAYS

15 Sight lines to pedestrians Where a driveway is two-lane, two-way and meets a property boundary to a public roadway, a clear (triangulated) sight line must be provided and maintained. The sight line must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The area within these sight triangles must be kept clear of obstructions.

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

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

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

commercial and multi-unit residential. b The applicant must apply for and obtain a licence

from Council for the construction of the vehicular crossing/s.

c The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer.

Timing Prior to commencement of the use on the site.

17 Relocation of power pole There must be a minimum separation of 1.5 metres between the power pole and the crossover (including the splays). If this cannot be achieved, the pole must be relocated to provide the minimum separation. The applicant must obtain all necessary approvals associated with the relocation of the power pole and undertake the relocation to the satisfaction of the Chief Executive officer, at no cost to Council. Alternatively, the applicant may choose to relocate the crossing to provide a minimum separation of 1.5 metres from the crossover (including the splays) on the provision that all other conditions are met.

Timing Prior to the commencement of the use.

18 Entering sight distance- Ashton Street vehicle access Install ‘no stopping’ yellow line marking adjacent to the northern kerb of Ashton Street measuring 30m on the eastern side of the driveway and 20m on the western side of the driveway. This is to be undertaken in accordance with the Queensland Manual of Uniform Traffic Control Devices, to the satisfaction of the Chief Executive Officer and at no cost to Council.

Timing Prior to the commencement of the use.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

19 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.

Timing Prior to the commencement of the use.

PATHS

20 Paths a The applicant must design and construct concrete

paths as follows: i Minimum 1.5m wide path along the full frontage

of the site to Harley Street and Ashton Street. ii Minimum 1.2m wide paths linking the site’s

pedestrian entries to the new path on the verge of Harley Street and Ashton Street.

b The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above paths. Approval of plans, which show the location of paths, is not to be taken as an approval to construct.

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

Timing Prior to the commencement of the use.

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

21 Reconstruction of kerb and channel / footpath a The applicant must reconstruct all kerb and channel

and footpath for the full frontage/s of the development site at Harley Street and Ashton Street to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

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

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 22 Removal of redundant stormwater kerb adaptors /

service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

23 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with

Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works;

iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer.

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

ELECTRICAL RETICULATION

24 Electricity supply to MCU developments and private estates

The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that:

a low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site).

b in supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

c any existing overhead electricity lines up to and including 11kV lines within or bounding the site (i.e. along the adjacent verges) must be removed or placed underground.

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.

TELECOMMUNICATIONS

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

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

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

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

Timing Prior to commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

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

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

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

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

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Landscape Intent, being plan no. 131111; titled ‘Labrador Park – Landscape Design Intent’, dated 8 May 2015, prepared by Form Landscape Architects.

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

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

v Demonstrate compliance with the following: A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litres at the time of planting;

B Feature tree species must be native evergreen canopy shade trees with a minimum bag size of 400 litres at time of planting;

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

D Screening shrub species must be a minimum 45 litre pot size at time of planting;

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

F The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

OPEN SPACE

27 Streetscape works within public road reserve a The applicant is required to ensure that street trees are

planted within the public road reserve directly fronting the subject site along Brisbane Road, Harvey Street and Ashton Street.

b The location, quantity and species are to be determined through the assessment of the development application for Operational Works (public

Timing Prior to the commencement of the use of the premises.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

landscape) required by condition of this approval. c All street trees required by conditions of this approval

must be shown and approved on the OPW public landscape application and must be installed, established and maintained in accordance with the following: i Planning Scheme Policy 11 – Land Development

Guidelines, Standard Specifications and Drawings;

ii Planning Scheme Policy 12 – Landscape Strategy Part 1 1 – Landscape Character: Guideline the Image of the City;

iii Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual; and

iv Be constructed at no cost to Council. 28 Detailed landscape plans for public road reserve to be

submitted for approval a The applicant must submit to Council for approval

detailed landscape plans, by making a development application for Operational Work (Public Landscape Work).

b Landscape works must not commence on the site until Council has issued a development permit for Operational Work (Public Landscape Work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

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

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

landscape intent titled ‘Landscape Design Intent for Labrador Park, DA05, prepared by Form Landscape Architects dated 28 July 2015;

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

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

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

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

boundaries or where underground services are located;

Timing Prior to any landscape works occurring.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

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

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

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F Trees must not be planted within fifteen (15) metres of the approach side and six (6) metres of the departure side of a pedestrian crossing or bus stop;

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

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

e The applicant must provide landscape maintenance schedules as part of the public landscape application. The maintenance schedules must: i Be in accordance with section 3.1 of the Gold

Coast City Council Open Space Management Guidelines;

ii Complete and submit table 6 – Maintenance Monitoring Timelines from the Gold Coast City Council, Open Space Management Guidelines (November 2007) and;

iii Complete and submit Table 7 – Maintenance Activity Specification Summary Table from the Gold Coast City Council, Open Space Management Guidelines (November 2007)

iv Insert completed tables (6&7) within submitted drawing sheets

v Be submitted with the OPW public landscape application

Timing Compliance with (d) to occur prior to the commencement of the use of the premises.

29 ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant

Timing Prior to the commencement of approved landscape

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

works on-site.

30 Establishment period for public road reserve a Upon completion of the public landscape works in

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

b The applicant is responsible for the establishment of all living components of public road reserve, to the satisfaction of the Chief Executive Officer, for the duration of a six (6) month ‘Establishment Period’, prior to the commencement of ‘On Maintenance’ period, in accordance with section 6.17 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

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

workmanship; ii Replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii Maintain all components and their environs.

Timing As indicated in the wording of the condition.

31 ‘On Maintenance’ period for public road reserve a The applicant must notify Council’s Contributed Assets

Section (ph: (07) 5582 9034) when the landscape works are complete and established as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance of this site ‘On Maintenance’.

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

Timing As indicated within the wording of the condition.

c The applicant must notify Council’s Contributed Assets Section (ph: (07) 5582 9034) when the ‘On Maintenance’ period is complete as per the approved landscape plans and Open Space Management Plan for this site, for an on-site meeting.

Timing Prior to acceptance by Council of ‘Off Maintenance’.

d Without limiting the obligations under section 6.18 of the Planning Scheme Policy 11 – Land Development

Timing At the time of landscape

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage

that occurs, unless the damage is directly attributable to Council activities.

works and then to be maintained.

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

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

HYDRAULICS

33 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the

site that could cause loss or damage.

Timing At all times.

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

Timing At all times.

35 Stormwater management plan to be complied with The applicant must, (for each stage of the development) submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan being “1-11 Harley Street, Labrador, Conceptual Stormwater Management Plan, Revision 04 (Job no. 15903)” dated 12 June 2015 prepared by ADG Consulting Pty Ltd (Part 1 of 4 to Part 4 of 4). Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted prior to compliance assessment of the subdivision plan or 'On Maintenance' (whichever occurs first), or if no subdivision plan is required, prior to the commencement of the use of the premises.

36 Staged construction of bio-retention basins The development of the stage, which relies on the bio-retention basin located in other stage for stormwater quality

Timing As stated in the text.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

improvement purposes, must not proceed until the bio-retention basin on the relevant stage is constructed and functional or the relevant bio-retention basin is constructed in conjunction with the dependent stage.

37 Certification that stormwater management treatment train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the commencement of the use of the premises.

38 SQIDs maintenance management plan a A maintenance management plan for stormwater

quality improvement devices (SQIDs) for the site must be prepared by a qualified professional (RPEQ or equivalent) at the owner’s expense and in accordance with the Council's Water Sensitive Urban Design Guidelines (2007).

b The legal authority of the property shall be responsible for the maintenance and monitoring of the stormwater management devices during both construction and operational phases of the development at no cost to the Council.

Timing At all times.

39 GPT in basement car park a A gross pollutant trap (hydrocarbon and litter

separator) must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.

Timing At all times.

b Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.

40 Agreement to remove hydrocarbons for GPT a The applicant must ensure that:

i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and

ii The gross pollutant trap is maintained so that it functions for its intended purpose.

b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition.

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 41 Preparation of dewatering management plan

Should the basement excavation intercept the groundwater table; a dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, October 2014) and include (but not limited to) the following: a Purpose of dewatering (ie an explanation of why

dewatering is necessary); b Dewatering technique (i.e. wellpoint, deep well, open

hole etc.); c Anticipated dewatering flow rate and total dewatering

duration; d Controls (i.e. settling tank, turbidity curtain etc.) and

method of effluent discharge; e Measures and techniques to manage noise, vibration

and odour issues; f Measures and techniques to manage geotechnical

stability issues; g Contingency plan in case of emergency situation; h If dewatering conducted in a contaminated area,

engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2;

i A monitoring program to ensure that effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines;

j Baseline assessment of the existing environment (eg fauna, water quality) that will receive the discharge;

k A strategy for monitoring and managing any impacts during the life and after the closure of the project;

l The point of discharge to the storm water system and to any waterway or water body;

m A hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged;

n Verification that the quality of discharge water will comply with the receiving water duration and frequency of the discharge;

o Seasonal variability of the receiving water quality; p Assessment of the viability of treating or recycling the

wastewater. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

Timing As indicated within the wording of the condition.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 42 Compliance assessment of dewatering management

plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • State Planning Policy (DSDIP, July 2014); • The planning scheme’s Changes to Ground Level and

Creation of New Waterbodies Specific Development Code;

• Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils; and

• Guidelines for Dewatering Management Plan (CoGC, October 2014).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to the earlier of: • A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

• Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.

43 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.

44 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

EROSION AND SEDIMENT CONTROL

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

designed, implemented and maintained in accordance

Timing During operational / construction works

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

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

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

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

(works for infrastructure and/or change to ground level).

GEOTECHNICAL

46 Basement excavation and ground anchoring issues In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority. a Written confirmation signed by the applicant or the

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

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

Timing In conjunction with any application seeking a development permit for building works.

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note: • The installation of any ground anchors into any adjacent private

property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

• The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

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

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

ACID SULFATE SOILS (ASS)/GROUNDWATER

48 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material

with an average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.

Timing At all times.

49 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the

Timing As indicated within the wording of the condition.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

entire excavation area (ie. through soil investigations); b The degree (ie. concentration) of acid leachate

generating potential of soils; c The required soil dosage rates and quantity of lime

required to mitigate acid leachate; and d The potential impacts on surrounding environment

features. 50 Preparation of acid sulfate soil management plan

At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual

Version 3.8 (November 2002, Dear et al); and b Conditions of this approval.

51 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition 41 (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • State Planning Policy 2/02: Planning and Management

Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02);

• The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and

• Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils.

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Before the earlier of: • A development application for operational work; or • Any works commencing on site. The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 52 Compliance certificate with future operational work

development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications for change to ground level.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

53 Crime Prevention Through Environmental Design (CPTED) The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles in the detailed design to promote opportunities for casual surveillance and to ensure clear sightlines are maintained. This is to include: a Where practical and not in conflict with the approved

Statement of Landscape Intent, visibility through vegetation foliage must be clear between the height of 0.6m and 1.8m adjacent to pedestrian routes within the development; and

b Safe and accessible paths of travel must include clear directional signage and be maintained during the construction phase. Any construction barriers must be positioned to ensure they do not create concealment spots or potential entrapment zones.

Timing At all times

Timing At all times during construction

54 Detailed design of built elements to incorporate graffiti prevention principles Detailed design of built elements including fencing and buildings must incorporate graffiti prevention principles. Note: Graffiti prevention principles used may include, but are not limited to: i Walls and fences constructed using textured or

permeable material, avoiding large flat surfaces; ii Vegetation planted against solid surfaces (without

creating concealment areas); iii Vandal-resistant sensor lighting used to draw attention

to movement at night; iv Anti-graffiti coatings are used to a minimum height of 3

metres; v Darker colours are used that require fewer coats of paint

to cover graffiti. Further advice regarding graffiti prevention is available at www.goldcoast.qld.gov.au/preventgraffiti.

Timing At all times

55 Fencing design to promote casual surveillance Any fencing that exceeds 1.2m in height and constructed on property boundaries or adjacent to communal open space must have permanent visibility through at least 50% of the surface area.

Timing At all times

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3 56 Lighting to promote community safety

The applicant must install and maintain lighting along all publicly accessible pedestrian connections within the development, at no cost to Council. The design and construction of the lighting system must: a Provide a consistent level of light, to meet minimum

requirements of Australian Standard AS1158; and b Include vandal resistant fixtures.

Timing Prior to the commencement of the use on the site

SECURITY MANAGEMENT

57 Indoor Recreation Facility (Gymnasium) - Security measures to reduce opportunities for criminal behaviour Should an Indoor Recreation Facility (Gymnasium) be established onsite which operates 24 hours a day: a A secure door access system must be provided and

personal safety/duress alarms made available for use by patrons attending the premises (wall mounted units or pendant duress units).

b Access to a house telephone or public telephone must be provided to members and staff who wish to call security or emergency services.

c Signage must be predominantly displayed in the entry/reception area, and where possible visible from outside of the tenancy to advise members and staff of the availability of customer safety/duress units and how to contact security outside of standard business hours.

Timing At all times once Indoor Recreational Facility is operational.

SEWERAGE

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

works within the property; b comply with Council’s:

i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

Guidelines); and c comply with Council’s Waste Management Policy

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

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

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

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

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

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

WATER SUPPLY RETICULATION

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

services within the property; and b comply with Section 7 of Council’s Land Development

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

Timing Prior to works occurring.

FIRE SERVICES

60 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

SEWERAGE

61 Sewer reticulation a The development must be connected to Council’s

Timing Prior to commencement of the

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

sewer reticulation system at the applicant’s cost. b The sewer property service shall be minimum 150mm

in accordance with SEQ Water Supply and Sewerage Design and Construction Code (SEQ D&C Code), unless otherwise approved by Council’s Plumbing and Drainage section.

use of the premises.

62 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

63 Connection point The existing manhole 1A/1011 located near the south western corner of lot 5 on RP103837 must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

64 Redundant Sewerage infrastructure a Should a CCTV video inspection and report (at the

applicant’s expense) reveal that lot 2 on RP173266 is not connected to the sewer main along its eastern boundary, the existing sewer mains within the development site and along the eastern boundary of lot 2 on RP173266 must be decommissioned in accordance with Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure.

b Should the CCTV reveal that lot 2 on RP173266 is connected to the sewer main along its eastern boundary, the existing sewer mains within the development site must be decommissioned in accordance with Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure.

c The applicant must make an application for Gold Coast Water to remove and/or cap any redundant sewer property service connections, at the applicants cost.

d Decommissioning of redundant assets must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.

Timing Prior to commencement of the use of the premises

65 Connections and disconnections – arrangements with Gold Coast Water All connections and disconnections to the existing sewer network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection

Timing Prior to connection to existing infrastructure.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

to the existing sewer network from Gold Coast Water (phone 1300 694 222).

66 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (redundant diversion) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

WATER SUPPLY RETICULATION

67 Water supply reticulation (potable only) a The development must be connected to Council’s

potable water supply system, at the applicant’s cost. b The applicant is responsible for any external works

necessary to connect to Council’s water supply reticulation system.

Timing Prior to commencement of use.

68 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

69 Connection point The existing 100mm water main along Ashton Street must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to commencement of the use of the premises.

70 Connections and disconnections – arrangements with Gold Coast Water All connections and disconnections to the existing water supply network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water supply network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

71 Supply standard The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications, Extension and Connections Policy Procedure.

Timing At all times.

72 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for

Council's approval, for water meters 40mm and above; b Following approval of the OPW (if required), make

Timing Prior to commencement of the use of the premises.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water

meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

c Make application for GCW to remove any redundant water meters and/or services, at the applicants cost.

73 Fire loading Fire loading must not exceed 15L/s for two (2) hours duration.

Timing At all times.

74 Individual sub-metering to be provided The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water. a All meters and their locations shall be approved by

Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be

utilised where free access for meter reading cannot be provided.

c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

Timing At the time of lodgement of the Plumbing and Drainage application.

75 Water supply services to mixed use high rise developments / buildings Should there be any future intentions of a volumetric subdivision, separate water supply services must be designed and constructed to the different uses (e.g. commercial, residential) or to each future volumetric lot within the mixed use high rise development / building, to the satisfaction of Council’s Chief Executive Officer. This is required so that future volumetric lots within the site can comply with Gold Coast Water and State Government requirements for separate service connection to each volumetric Reconfiguring of a Lot and so the internal services can be managed through the Building Management Statement.

Timing At all times.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

CONSTRUCTION MANAGEMENT

76 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted

in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for

maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

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

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

v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.

c The construction management plan must demonstrate that: i the general public will be adequately protected

from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and protection

of Council assets will be well managed. d Should the development be under construction during

the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

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

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. f Where it is proposed to interfere with a road for any

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

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

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

g Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

h Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

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

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

b A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

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

engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise

levels from all proposed construction activities; iv identify the measures and work practices that will

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

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

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

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

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

Timing As indicated within the wording of the condition.

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

WASTE

78 Waste Facilities Waste facilities must be designed and constructed in accordance with Waste Management Plan 7.5, 7.6, 7.7, 7.8, 7.9 and 7.10 prepared by BDA Architecture dated August 2015 (Reference No. 343800).

Timing Prior to commencement of use

79 Bulk bins – Servicing Points The bulk bin servicing points must be located, designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

a Sufficient access and clearance for the waste collection vehicles to service the bins, including a minimum 6.5m unobstructed overhead clearance space for the swinging arm action of the front-lift waste collection vehicle

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

d Constructed hardstand with a solid concrete base or acceptable equivalent

e Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

f Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site

Timing Prior to commencement of use

80 Waste chutes – design and construction The waste chutes must be located, designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional

reinforcing where necessary at joins, bends and hopper intersections,

b Insect and vermin proof c Constructed and installed to prevent the following

during use and operation of the system: i Transmission of vibration to the structure of the

premises ii Excessive odour iii Excessive noise to the occupants of the building

d Installed in a fire rated duct and ventilated in

Timing Prior to commencement of use

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

compliance with building requirements of the Building Code of Australia

e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section

f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire

81 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least

1200 millimetres above finished floor level b Hopper door must automatically return to the closed

position after use c Designed to permit free flow of waste into the chute d Constructed so that the diameter or largest dimension

of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected

e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface

Timing Prior to commencement of use

82 Waste storage rooms – design and construction The waste storage rooms must be located, designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Fire rated and ventilated in accordance with the

Building Code of Australia b Insect and vermin proof c The doors must be wide enough to allow for the easy

removal of the largest container to be stored d The walls, ceiling, floor and equipment of each waste

storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning

e The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements

f Adequate additional space must be provided for compactors (if applicable)

Timing Prior to commencement of use

714th Council Meeting 22 April 2016 City Planning Committee Meeting 19 April 2016

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

g Adequate artificial lighting must be provided h Refrigerated rooms must be fitted with an approved

alarm device outside, but controllable only from within the room

i Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage)

j A hose cock must be provided immediately outside the room for cleaning bins and the room

k Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute

ACOUSTICS

83 Acoustic design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics Pty Ltd dated 20 August 2015 (Reference No. 13225 report rev.1). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval.

Timing As indicated in the wording of the condition

84 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from mechanical plant

and equipment on the noise sensitive dwellings. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all noise sources associated with mechanical plant and equipment against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines.

c The required control measures to achieve compliance with the applicable criteria and standards.

The development must be designed and constructed in accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

Timing Prior to Building Approval

85 Air conditioning Air conditioning must be provided to habitable rooms as outlined in section 6.2 of acoustic report prepared by CRG Acoustics Pty Ltd dated 20 August 2015 (Reference No.

Timing Prior to commencement of use

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

13225 report rev.1) to ensure noise-affected units have adequate ventilation with a closed façade.

86 Alfresco dining hours Alfresco dining associated with the commercial component of the development is restricted to between the hours of 7:00am – 10:00pm daily.

Timing As indicated in the wording of the condition

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

Timing Prior to commencement of use

ADVISORY NOTES TO APPLICANT

A Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access,

including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of Infrastructure, Local Government and Planning

PO Box 3290 Australia Fair SOUTHPORT QLD 4215

Concurrence Agency Development impacting on State transport infrastructure; State-controlled road matters

C Mechanical Surveillance For any mechanical surveillance (e.g. CCTV) installed on the premises, footage should be retained for a minimum period of 30 days and provided to Police upon request.

D Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

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

F Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

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

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

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

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

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

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

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

H Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has

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ITEM 3 (Continued) MATERIAL CHANGE OF USE FOR 9 STOREY MIXED USE DEVELOPMENT - LOT 1 ON RP173266, LOT 2 ON RP103837, LOT 3 ON RP103837, LOT 4 ON RP103837, LOT 5 ON RP103837 - 1 - 11 HARLEY STREET, LABRADOR - DIVISION 4 PN10561/01/DA3

already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

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

CARRIED Cr P J Young voted in the negative. ADOPTED AT COUNCIL 22 APRIL 2016 RESOLUTION G16.0422.020 moved Cr D Gates seconded Cr D Crichlow

That Committee Recommendation CP16.0419.003 be adopted as printed in the City Planning Committee Report.

CARRIED by SUPER MAJORITY

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GCCC Maps

0 142 284 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

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Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

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0 52 104 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. NoWarranty given in relation to the data (including accuracy, reliability, completeness orsuitability) and no liability accepted (including without limitation, liability in negligence) for anyloss, damage or costs (including consequential damage) relating to any use of the data. Datamust not be used for direct marketing or be used in breach of the privacy laws.

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City of Gold Coast Planning Scheme 2003 Ver 1.2 – Land Use Definitions Apartment

A dwelling that has another dwelling immediately above or below it. It also includes dwellings contained in mixed use buildings located immediately above, below or abutting non-residential uses. This term does not include an attached dwelling.

Commercial Services

Any premises used or intended to be used as a bank, building society, credit union, finance company, real estate agency, funeral business (administration/office only) or Totalisator Administration Board agency (TAB) which advertises or displays its business for direct dealings with the general public.

Community Purposes

Any premises used for the provision of social or service facilities generally where local, state or federal government provides such facilities. This term includes art gallery, child day care, community hall, day respite care, emergency services, government use, health services, library, museum, scout hall, and other community organised uses. With respect to State land reserved and held in trust for a community purpose, this definition shall be taken to refer to those purposes listed in either Schedule 1 of the Land Act 1994 (for trust land reserved under that Act) or Section 5(1) of the repealed Land Act 1962 (for trust land reserved under that Act). This term does not include a Public Utility.

Educational Establishment Any primary school with or without an ancillary early childhood program, early childhood program not ancillary to a primary school, secondary school, college, university, technical institute, academy or other educational centre. This term may include residential accommodation and other ancillary uses provided for the employees and the students of such premises. This term does not include a Childcare Centre as defined herein.

Home Office Any premises forming part of a dwelling used, or intended to be used, as an office by a resident of the dwelling. The person conducting the office activity must use the dwelling as their principal place of residence. No more than one person who does not live in the dwelling may work in the office. The GFA used for the office activity, including the storage of any material or goods, must not exceed 50 m2 or one-third of the total GFA of the dwelling, whichever is the lesser.

Indoor Recreation Facility

Any building used or intended to be used for indoor leisure, recreation or sport, including training and instruction in sport and leisure activities. This term does not include a Nightclub, Restaurant, or Community Purposes such as a museum, art gallery or hall.

Medical Centre

Any premises used, or intended to be used, for the medical care or treatment of persons not resident on the site. This term includes a first aid station, a maternal and child welfare clinic, a nursing service, an ambulance station and premises used or intended to be used by a chiropodist, chiropractor, dentist, medical practitioner, optometrist, pathologist, physiotherapist or radiologist, in the practice of that profession or by practitioners of alternative therapies. This term does not include a Home Occupation, a Hospital, and Aged Persons Accommodation.

Office Any premises used, or intended to be used, for business administration, carrying on of agencies, secretarial services, clerical or technical activities, professional services or services of a similar nature. The term includes administration in connection with an industry, business or other commercial use where not conducted on the same site. No goods or materials intended for manufacture, sale or hire may be stored on the premises. This term does not include a Shop, Medical Centre or Commercial Services such as a retail bank, building society, credit union, finance company agency, real estate agency, Funeral Business or Totalisator Administration Board (TAB).

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Restaurant

Any premises used, or intended to be used, for the serving of meals to the public for gain, where entertainment, including dancing, may be provided and alcohol may be served, subject to an on-premises meals licence being issued under the Liquor Act 1992. This term includes the provision of an ancillary take-away food service. It does not include a Fast Food Premises, Take-Away Food Premises, Tavern, Adult Entertainment Premises, Nightclub or Reception Rooms.

Service Industry

Any premises used, or intended to be used, for conducting industrial activities, provided that any off-site effects do not cause any detriment to the amenity of the area. In particular, the noise levels generated, any dust, fumes, odours or other emissions produced from the site, the appearance of the site and any traffic generated by the activities on the site must be managed so as not to cause detriment to adjoining sites. The eligible industrial activities included within the service industry definition are:

Group A (Retail Service Establishments): boot and shoe repairing; bread, cake and pastry production; clock, watch and jewellery manufacturing and repairing; dressmaking, tailoring and millinery; cleaning and dyeing; duplicating and copying service; engraving; film developing and printing; locksmith’s establishment; musical instrument maintenance; parcel delivery depots; photographic studio; printing or photocopying service; sports goods maintenance; watchmaker's establishment.

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Group B (Production and Display Establishments): auction rooms; bookbinding; business machine maintenance; car wash facility; catering business; cleaning contractor's establishment; commercial equipment hire; computer services; cycle repairing; driving instructing; electrical goods maintenance; furniture repairing; industrial equipment hire; laundering; lawnmower maintenance; sign writing; taxicab depot; tool repairing and sharpening. Shop Any premises used, or intended to be used, for the sale or hire of goods to members of the public. This term includes the display of goods for sale and the rendering of personal services by retail. It does not include a Tavern, Manufacturer's Shop, Cafe, Restaurant, Retail Plant Nursery, Service Industry Premises, Service Station, Shopping Centre Development, Showroom, Convenience Shop, Take-Away Food Premises, Fast Food Premises, Tourist Shop, Vehicle Hire, Vehicle Sales, Warehouse or Commercial Services. Showroom Any premises used, or intended to be used, for the display and retail sale of goods that are generally of a bulky nature, where the GFA of the tenancy is at least 400m2. This term does not include the sale of food items nor does it include the sale of clothing or footwear. It includes the hire of bulky goods, but it does not include the hire of videos, music recordings or similar items.

Take-Away Food Premises

Any premises used, or intended to be used, for the sale to the public of prepared food which is ready for immediate consumption and which is packaged so that it can be taken and consumed away from the premises. This term includes the provision of ancillary facilities for the consumption of food on the premises. It does not include a cafe, restaurant or fast food premises.

Veterinary Clinic

Any premises used or intended to be used by a veterinary surgeon or veterinarian to treat the minor ailments of domestic animal and household pet outpatients, provided that no patients remain on the premises overnight (except in the case of an emergency).

Ver.1.2 Amended Jan 2010 Ver.1.2 Amended Jan 2010

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ITEM 4 GENERAL BUSINESS SECONDARY DWELLINGS GREATER THAN 80M2 – CODE ASSESSMENT PD98/1132/06/01(P1)

Committee Recommendation Adopted At Council 22 April 2016 COMMITTEE RECOMMENDATION CP16.0419. 004 moved Cr Caldwell seconded Cr P J Young That officers investigate changing the Overall Outcome in the Secondary Dwelling Code, for code assessable secondary dwellings, to a performance based test, as part of a future minor and administrative update. CARRIED ADOPTED AT COUNCIL 22 APRIL 2016 RESOLUTION G16.0422.018 moved Cr G Tozer seconded Cr PJ Young

That Committee Recommendation CP16.0419.004 be adopted as printed which reads as follows:- That officers investigate changing the Overall Outcome in the Secondary Dwelling Code, for code assessable secondary dwellings, to a performance based test, as part of a future minor and administrative update.

CARRIED UNANIMOUSLY There being no further business, the meeting closed at 11.10 am

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These Pages

Numbered 1 to 332

Constitute The Adopted Report Of The Meeting

Of The City Planning Committee

Held Tuesday, 19 April 2016

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