719 CITY PLANNING COMMITTEE MEETING 20 JULY 2016 … · 2019. 6. 23. · line basement line of...

Subject Properties

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Im orlont Inform tion

The detoils on this sketch hove been prepored boged on the mostcurrent Digitol Codostrol Doto Bose (DCDB) information ovailable fromQueenslond Deportment of Notural Resources & Mines.

The sketch hog been prepored to sho. the proposed future foodcorridor requirement line. The detoils shown ore for informotionpurposes only ond ore subject to change.

Set out for requirement boundoties Grid oreo(a) shall be fromco-ordinates only.

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LOCALITY PLAN

*I

q

I\I, T, S

PO NT

2

5

4

5

TABLE OF CO-ORDINATESEASTING NORTHING REMARKS

On boundory on corner of odjocent lot

On boundory

On boundory

On boundory

On boundory on line 4 - 5

545368.5

545375.5

545588.3

545394.7

60A

Lot 4 RP97055

Areo Requ red About Born2Areo Reino ning About 444m2

6891487.5

6891471.6

6891441.9

6891427. I

D

C

B RP no. chongedA Originol issue

Co-ordinates are given in metres MGA Zone 56 (ODA94)

rl'fed Dote M'cronled Areo required shown thus

Do. ....,

Dimensions in metres exceptwhere shown otherwise.

Areo in hectores (ho) or squorenetre^ (in')

Revisions

Lot 190 RP91654

Areo Requ red About 66m'Areo Reino ning About 468m2

Lond requirement line toinctch corner of odjocent lot

^tees^^ C"'),QOS, ^* ,,'^888^<:>,.,,

,80s' C>^88. , CF)

,^,.0.0,

'.'*...,,..,...,o0

,..,..,...

,,..,

,.

..,.*

,..,

0.0

,

Lot I RP116507

Areo Required About 101 in2Areo Reinoining About 930m2

^

MRR_TP Sketch_A5 I I 13

TP Sketch mm by.

Lot 25 RP65819

Areo Required About 45m'Areo Reinoining About 475m'

I'

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KMC2436 KMC24

Checked CheckedREE REE

CITY OF GOLD COAST

GOLD COAST HIGHWAYExomine Approved

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19 16 -

QueenslandGovernment

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I ' BITP 160004BA

VIERDVP"\"\, IP *^\20/6\TPl^~

PLANS AND DOCUMENTS referred to in the DEVELOPMENT APPROVAL

Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016

719th Council Meeting 26 July 2016 City Planning Committee Meeting 20 July 2016

604 Adopted Report

CLIENT

JFC DEVELOPMENT PTY LTDDISCLAIMERThese drawings are conceptual design drawings only.The information contained herewith is subject to designdevelopment and further input from independant planning,structural, services and other technical consultants.

COPYRIGHTCopyright in this drawing is the property of BDAArchitecture and may not be retained, copied in whole or inpart or used other than for the specific uses, licence andsite for which it has been prepared and issued.

PROJECT NAME

1486 - 1494 GOLD COAST HIGHWAYDRAWING

A2.201PROJECT NO.: 382200

DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

BASEMENT 02

The information contained herewith is subject to design developmentand further input from independent structural, services and othertechnical consultants.

1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,87

51,

200

5,40

05,

800

5,40

05,

400

1,20

01,

819

2,25

05,

400

5,80

05,

400

4,20

03,

274

1,000 2,400 2,400 2,4001,100

2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400

1,000 2,400 2,400 2,4001,100

2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400 300

600 2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400 1,000

600 2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 3,400

300 6,900 3007,500

200

4,00

020

0

200 6,725 200

B2-C1 B2-C2 B2-C3 B2-C4 B2-C5 B2-C6 B2-C7 B2-C8 B2-C9 B2-C10 B2-C11 B2-C12 B2-C13 B2-C14 B2-C15 B2-C16

B2-C17 B2-C18 B2-C19 B2-C20 B2-C21 B2-C22 B2-C23 B2-C24 B2-C25 B2-C26 B2-C27 B2-C28

B2-T1 B2-T2 B2-T3 B2-T4 B2-T5 B2-T6 B2-T7 B2-T8 B2-T9 B2-T10 B2-T11 B2-T12 B2-T13

B2-C29B2-C30B2-C31B2-C32B2-C33B2-C34B2-C35B2-C37B2-C38B2-C39

B2-C40B2-C41B2-C42B2-C43B2-C44B2-C45B2-C46B2-C47B2-C48B2-C49B2-C50B2-C51B2-C52B2-C53B2-C54B2-C55B2-C56B2-C57B2-C58B2-C59B2-C60B2-C61

B2-C36

5,40

011

020

06,

290

200

1,61

9LIFT 1

LIFT 2

RAMP1:8

RAMP1:8

RAMP1:4.5

EA

SE

ME

NT

EASEMENT

BASEMENT 0261 CAR SPACES13 TANDEM SPACES

POSSIBLE FUTUREROAD RESUMTION

RL -2.300

STORAGE

STORAGESTORAGE

STORAGE30 RESIDENT BIKES

CAR PARKING

64 x 1 BED APARTMENTS(1 CAR PER UNIT)

64 Car Parks

141 Car Parks

REQUIREDCITY PLAN

TOTAL

VISITORS2 + 1 PER 10 APARTMENTS 14 Car Parks

BICYCLE PARKING1 PER APARTMENTS

14 Car Parks

14 Car Parks

39 x 2 BED APARTMENTS(1.25 CARS PER UNIT)


64 Car Parks

49 Car Parks 45 Car Parks

+11 Tandems

PROVIDED

Say 122 As REQ'D

9 Car Parks

+9 Tandems

118 Car Parks

+20 Tandems

+14 Visitors

152 TOTAL

CAR PARKING

PARKING LEVEL B1 57

152 (INCLUDING TANDEMS)

CAR SPACES

TOTAL

GROUND FLOOR VISITORS 14

118

PARKING LEVEL B2

SUB TOTAL RESIDENT

7

61 13

TANDEM

20

1:300 @ A3 B


47 / 70382200 | DEVELOPMENT APPLICATION - RFI | ISSUE A | MAY 2016 1 4 8 6 - 1 4 9 4 G O L D C O A S T H I G H W A Y | P A L M B E A C HSCALE: 1:300 @ A3

A R C H I T EC T U R A L D R AW I N G S7.1B A S E M E N T P L A N 2


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


605 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

BASEMENT 01


1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

6,00

52,

250

5,40

05,

800

5,40

04,

200

3,27

4

5,40

0

5,87

51,

200

5,40

05,

800

5,40

05,

400

1,20

01,

819

600 2,400 300

5,400

1,000 2,400 2,400 2,4001,100

2,400300

2,400 2,400 2,400300

2,400 2,400 2,400 300 2,400 300

1,000 2,400 2,400 2,4001,100

2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400

1,125 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400 1,000

600 2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 2,400300

2,400 2,400 3,400

5,40

060

02,

400

2,40

01,

200

5,40

011

020

06,

290

200

300 6,600 3007,200 7,010

300 6,410 300

RA

MP

1:4

RA

MP

1:8

RL 0.500

RAMP1:8

RAMP1:8

RAMP1:4.5

BASEMENT 0157 CAR SPACES 7 TANDEM SPACES

WASTE STORAGE POINT

RL 0.750

GATE TO BASEMENT

HYDRANTTANK

SPRINKLERPUMP

SPRINKLERVALVE

FIRE SPRINKLERWATER SUPPLY TANK

FLOOD STORAGE TANKTO ENG. DETAILS

STORMWATER DETENTIONTO ENG. DETAILS

TRACTOR

BUILDING OVER

BUILDING OVER

B1-C1 B1-C2 B1-C3 B1-C4 B1-C5 B1-C6 B1-C7 B1-C8 B1-C9 B1-C10

B1-

C11

B1-

C12

B1-C13

B1-C14 B1-C15 B1-C16 B1-C17 B1-C18 B1-C19 B1-C20 B1-C21 B1-C22 B1-C23 B1-C24

B1-C25B1-C26B1-C27B1-C28

B1-T1 B1-T2 B1-T3 B1-T4 B1-T5 B1-T6 B1-T7

B1-C29B1-C30B1-C31B1-C32B1-C33B1-C34B1-C35

B1-C37B1-C38B1-C39B1-C40B1-C41B1-C42B1-C43B1-C44B1-C45B1-C46B1-C47B1-C48B1-C49B1-C50B1-C51B1-C52B1-C53B1-C54B1-C55B1-C56B1-C57 B1-C36

EA

SE

ME

NT

EASEMENT

FUTURE ROAD RESUMTION

STORAGE

STORAGE

LIFT 1

LIFT 2

STORAGE

BIKE

BIKE

BIKE

BIKE BIKE BIKE BIKE BIKE BIKEBIKE

CAR PARKING

PARKING LEVEL B1 57


CAR SPACES

TOTAL


118

PARKING LEVEL B2

SUB TOTAL RESIDENT

7

61 13

TANDEM

20

CAR PARKING

64 x 1 BED APARTMENTS(1 CAR PER UNIT)

64 Car Parks

141 Car Parks

REQUIREDCITY PLAN

TOTAL

VISITORS2 + 1 PER 10 APARTMENTS 14 Car Parks

BICYCLE PARKING1 PER APARTMENTS

14 Car Parks

14 Car Parks



64 Car Parks

49 Car Parks 45 Car Parks

+11 Tandems

PROVIDED

Say 122 As REQ'D

9 Car Parks

+9 Tandems

118 Car Parks

+20 Tandems

+14 Visitors

152 TOTAL

1:300 @ A3 B



A R C H I T EC T U R A L D R AW I N G S7.2B A S E M E N T P L A N 1


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


606 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

GROUND FLOOR


1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

3,500

3,50

0

3,500

3,500

3,500

2,60

02,

600

2,60

030

02,

600

2,60

02,

600

300

2,60

02,

600

2,60

0

3,76

02,

600

300

2,60

02,

600

2,60

05,

131

369

2,60

0

5,400 6,000 5,400

4381,465

EA

SE

ME

NT

EASEMENT

RA

MP

1:20

RL 2.550

RL 1.810

FLOOD LEVELRL 2.470

FOO

TPA

TH

BIORETENTION

LINE BASEMENT

BIORETENTION

RL 2.550

RA

MP

1:20

RL 2.040

RA

MP

1:4

RA

MP

1:8

EL.COMS.

EL.MAIN SW.

WASTE

GR

ACP

RL 1.560

5 VISITOR BIKES

VISITOR BIKE STORE28 BIKES

TURNING BAY

LINE BASEMENT

LINE OF BASEMENT

RL 3.500

RL 2.700RL 2.720RL 2.740RL 2.800RL 3050RL 3.400RL 3.650 RL 2.460RL 2.460

RL 2.790

RL 2.700

5 VISITORBIKES

3 BEDMANAGER

OFFICE LETTERBOX.

FOYER

V6V1

V2

V3

V4

V5

V7

V8

V9

V10

V11

V12

V13

V14

ARBOUR - REFER TO LANDSCAPE ARCHITECT

LIN

E B

AS

EM

EN

T

RL 3.480

EL. SUBSTATIONRL 3.200

SIGHT LINENOT TO BE OSTRUCTED BY

VERTICAL OPJECTS

LIFT 1

LIFT 2

CAR PARKING

PARKING LEVEL B1 57


CAR SPACES

TOTAL


118

PARKING LEVEL B2

SUB TOTAL RESIDENT

7

61 13

TANDEM

20

1:300 @ A3 B



A R C H I T EC T U R A L D R AW I N G S7.3G R O U N D F LO O R P L A N

CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS

a r c h i t e c t u r e

Suite 202, The Wave89-91 Surf Parade,Broadbeach QLD 4218Phone: 07 5555 2600Email: [email protected]

TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS

* Enclosed areas measured to the centre line of party walls, external walls & glazing. Balconies measured to the centre line of party walls & glazing, and outside face of balustrades. Areas are approximate and will be subject to change

1 Bed,1 Bath

59 m² Enclosed9 m² Balcony68 m² Total

51 Apartments (45.5%)

1 Apartments (0.89%)62m² Enclosed17m² Balcony79m² Total

1 Bed,1 Bath

3 Apartments (2.67%) 1 Bed,1 Bath

169 BEDS

TYPE C

60m² Enclosed14m² Balcony74m² Total

1 Bed,1 Bath3 Apartments (2.67%)


TYPE F

TYPE E 3 Apartments (2.67%)69m² Enclosed10m² Balcony79m² Total

1 Bed + Study,1 Bath

14 Apartments (12.5%) 2 Bed + Study,2 Bath

TYPE F1


2 Bed + Study,2 Bath6 Apartments (5.35%)


TYPE G1

TYPE G 5 Apartments (4.46%)90m² Enclosed19m² Balcony109m² Total



TYPE H




TYPE K

TYPE J 3 Apartments (2.67%)79m² Enclosed10m² Balcony89m² Total

2 Bed,1 Bath


TYPE L




TYPE D 3 Apartments (2.67%)61m² Enclosed14m² Balcony75m² Total

1 Bed,1 Bath

TYPE F2 4 Apartments (3.57%)90m² Enclosed21m² Balcony111m² Total


TYPE I 3 Apartments (2.67%)84m² Enclosed10m² Balcony94m² Total

2 Bed,2 Bath

TYPE M 1 Apartments (0.89%)118m² Enclosed28m² Balcony+146m² Total


1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


607 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 01



1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

3,500

3,50

0

3,500

3,50

0

3,500

VOID

VOID

GR

WASTE

SERVICE

RL 6.500

6.050

CO

NN

EC

TIN

G R

AM

P

AC CONDENSER

ARBOUR - REFER TO LANDSCAPE ARCHITECT

'GR

EE

N W

ALL

'

LIFT 1

LIFT 2

1:300 @ A3 A



A R C H I T EC T U R A L D R AW I N G S7.4L E V E L 1 F LO O R P L A N

CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


608 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 02



1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

3,500

3,50

0

3,500

3,50

0

3,500

3,500

VOID

VOID

GR

WASTE

SERVICE

CO

NN

EC

TIN

G R

AM

P

AC CONDENSER

'GR

EE

N W

ALL

'

LIFT 1

LIFT 2

1:300 @ A3 A




CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


609 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 03



1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

3,500

3,50

0

3,500

3,50

0

3,500

3,500

VOID

GR

WASTE

SERVICE

CO

NN

EC

TIN

G R

AM

P

AC CONDENSER

'GR

EE

N W

ALL

'

LIFT 1

LIFT 2

1:300 @ A3 A




CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


610 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 04


1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5.00

99

1.50

3.50

3.50

3.50

3.50

3.50

3.50

GR

WASTE

SERVICE

AC CONDENSER

MF

RL 15.500

RL 16.000

RL 16.500

LOUNGE/MULTIFUNCTIONSPACE

RECREATIONTERRACE

CO

NN

EC

TIN

G R

AM

P

LIFT 1

LIFT 2

1:300 @ A3 A




CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


611 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 05



1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

4,500

4,50

0

4,500

4,50

0

4,500

4,500

53.34 m2

GR

WASTE

SERVICE

MULTIPURPOSEROOMAC CONDENSER

VOID

LIFT 1

LIFT 2

1:300 @ A3 A




CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


612 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

LEVEL 06



1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

5,00

0

990

1,500

4,500

4,50

0

4,500

4,50

0

4,500

4,500

GR

WASTE

SERVICE

AC CONDENSER

VOID

LIFT 1

LIFT 2

1:300 @ A3 A




CLIENT



PROJECT NAME



DATE: 23/12/2015

SCALE:

DRAWING NO. ISSUE

UNIT PLANS



TYPE A

TYPE B

TYPE A1

TOTAL 112 DWELLINGS


1 Bed,1 Bath




1 Bed,1 Bath


169 BEDS

TYPE C




TYPE F




TYPE F1




TYPE G1




TYPE H




TYPE K


2 Bed,1 Bath


TYPE L





1 Bed,1 Bath




2 Bed,2 Bath



1:250 @ A3 B


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


613 Adopted Report

CLIENT



PROJECT NAME



DATE: 6/05/2016

SCALE:

DRAWING NO. ISSUE

ROOF



32.187233°33'

32.187233°33'

15.468327°55'

32.551229°23'40"

7.732327°55'

26.488

45°19'30"

LOT 201

LOT 23 LOT 1

LOT 4LOT 190

LOT 23

1 2 3 4 5 6 7 8 9 10 11 13 14

D

C

B

A

E

32.287327°55'

16.144327°55'

26.985238°31'30"

30.678227°26'50"

32.187233°33'

233°33'

0.1

7.734327°55'

5.1945°19'30"

17.594143°44'

17.834147°55'

32.287147°55'

16.144147°55'

CH320°02'CH13.917

CH308°10'55"CH3.776A3.824R7.04

A14.464R15.088

NYRANG AVENUE

GOLD COAST HIGHWAY

A/C UNITS(SERVICE ZONE)




1

11

1

2

2

2

OPEN COMMUNAL SPACEREFER TO LEVEL 4

3

4

4

4

4

44

4

5

5

55

55

5

5

5

55

5

1

1

1

3

LEGEND:1 METAL ROOF2 CONCRETE ROOF3 OPEN SPACE BELOW4 PARAPET5 HOOD TOP

FLAT CONCRETE ROOF

PITCH

PITCHPITCH

PITCH



A R C H I T EC T U R A L D R AW I N G S7.10R O O F P L A N


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


614 Adopted Report

Residential Development

1488 Gold Coast Highway, Palm

Beach

Stormwater Management Plan

FOR: Enhance Urban Planning

Report Number: R002-G15132


Date: .....................................

Approval no: ......................................SDA-0316-028750

24 May 2016


615 Adopted Report

G15132 – 1488 Gold Coast Highway, Palm Beach – Residential Development – Stormwater Management Plan

Michael Bale & Associates Pty Ltd - ‘Innovative engineering with personal service’ Page 2 of 21

This document is copyright. Other than for the purposes and subject to the conditions prescribed

under the Copyright Act 1968 (Commonwealth), no part of it may in any form or by any means

(electronic, mechanical, micro-copying, photocopying, recording or otherwise) be reproduced, stored

in a retrieval system or transmitted without prior written permission. This report has been prepared

solely for the benefit of our client. We do not accept any liability for damage or loss resulting from

reliance on this report, or any part of it, by any party other than the client (named on the front page of

this report).

This document has been approved by the following appropriately qualified and experienced

professional civil engineer:

Rodney Ronalds

National Professional Engineer Register No.3507771

Registered Professional Engineer of Queensland No. 13308

Revision Status

Revision Author Reviewed By Description Date

A Nicholas Rees Rodney Ronalds Draft 10th December 2015

B Nicholas Rees Rodney Ronalds For DA Lodgement 14th January 2016

Company Contact Details

Michael Bale and Associates

• Address: Level 1 Somerset House, 57 Thomas Drive Surfers Paradise 4217

• Mail Address: PO BOX 260, Chevron Island 4217

• Phone: (07) 5538 0431

• Email: [email protected]


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CONTENTS 1. Executive Summary .......................................................................................................................................................... 5

Previous Reports: .................................................................................................................................................... 5

2. Property Description ........................................................................................................................................................ 6

Site Locality ............................................................................................................................................................... 6

Land Usage ................................................................................................................................................................. 7

Topography and Drainage ................................................................................................................................... 7

3. Proposed Development ................................................................................................................................................... 8

4. Lawful Point of Discharge .............................................................................................................................................. 9

5. Site Specific Hydrology ................................................................................................................................................. 10

Introduction ........................................................................................................................................................... 10

Methodology........................................................................................................................................................... 10

Rational Method Calculations ......................................................................................................................... 10

Detention Sizing .................................................................................................................................................... 12

6. Stormwater Quality........................................................................................................................................................ 13

Introduction ........................................................................................................................................................... 13

State Planning Policy Assessment ................................................................................................................. 13

Water Quality Objectives and Methodology ............................................................................................. 13

Catchment Areas & Source Nodes ................................................................................................................. 14

Recorded Rainfall Data – Gold Coast City Council (Southern) .......................................................... 15

Rainfall-Runoff Parameters ............................................................................................................................. 15

Pollutant Export Parameters .......................................................................................................................... 15

Proposed Treatment Device Details ............................................................................................................ 16

7. Conclusion .......................................................................................................................................................................... 19


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FIGURES LIST

FIGURE 2.1: SITE LOCALITY ........................................................................................................................................................... 6

FIGURE 6.1 - EXAMPLE OF VEGETATED BIO-RETENTION AREA ........................................................................................... 16

FIGURE 6.2 - MUSIC MODEL DIAGRAM.................................................................................................................................... 17

TABLES LIST TABLE 5.1 –TIME OF CONCENTRATION CALCULATIONS ........................................................................................................ 10

TABLE 5.2: C10 VALUES ............................................................................................................................................................... 10

TABLE 5.3: DEVELOPMENT RUNOFF CALCULATIONS ............................................................................................................. 11

TABLE 5.4: REQUIRED DETENTION CAPACITY ........................................................................................................................ 12

TABLE 6.1- STATE PLANNING POLICY TRIGGER QUESTIONS ................................................................................................ 13

TABLE 6.2: WATER QUALITY OBJECTIVES ............................................................................................................................... 13

TABLE 6.3: MUSIC MODELLING PARAMETERS ....................................................................................................................... 15

TABLE 6.4: POLLUTANT EXPORT PARAMETERS ...................................................................................................................... 15

TABLE 6.5: BIO-RETENTION DEVICE DETAILS ........................................................................................................................ 17

TABLE 6.6: MUSIC MODELLING RESULTS ............................................................................................................................... 18


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1. Executive Summary

This report has been prepared to support the lodgement of a development application to approve the

construction of a six (6) storey high rise residential apartment complex comprising 112 residential

apartments over the following parcels of land:

Property Address: 1486 – 1496 Gold Coast Highway,

Palm Beach

Property Description: Lot 23 on RP65819

Lot 1 on RP116507

Lot 190 on RP91634

Lot 4 on RP97035

Lot 11 on SP260587

Client: Enhance Urban Planning

Council: Gold Coast City Council

Registered Site Area: 3,581m2

The purpose of this report is to address the management of stormwater quantity and quality to ensure

that the proposed development complies with all necessary state and local government policies.

This report intends to assess the likely impact of the proposed development in relation to stormwater

quantity and quality, and the adequacy of the existing stormwater infrastructure to accommodate the

proposed development.

Previous Reports:

The proposed development described in this report has been subject to previous reporting.

A Flood Code Assessment Report has been prepared for the subject site (Report R001 – G15132 –

Flood Code Assessment Report prepared by Michael Bale and Associates – Dated 16th September

2015). This report details the proposed developments response to the 14 Performance Criteria stated

in the Gold Coast City Council Flood Affected Areas Constraint Code.

Critical to the outcomes of this Stormwater Management Plan, the above mentioned report details the

requirement for floodplain storage of 719m3. This volume has been proposed to be stored in a tank

beneath the driveway off Nyrang Avenue. Subsequent sections of this report detail On Side Detention

(OSD) requirements for the development site. These volumes will be provided within the floodplain

storage tank as an additional volume within the structure, separated from the floodplain storage

requirement.


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2. Property Description

Site Locality

The proposed development is situated on the adjacent parcels of 1486 – 1492 Gold Coast Highway,

and 5 Nyrang Avenue, Palm Beach, described as Lots 23 on RP65819, Lot 1 on RP116507, Lot 190 on

RP91634, and Lot 4 on RP97035.

The subject site is located within the Gold Coast City Local Government Area. The site is currently

developed with a mix of low rise residential apartments. The site is in close proximity to Palm Beach,

the Tallebudgera Leisure Centre and Tallebudgera Creek, and Palm Beach Primary School.

The site is bounded by Gold Coast Highway to the east, and existing residential houses and apartments

to the north, south and west. The combined registered area of the subject site is 3,178m2.

Full details of the site topography and proposed boundary adjustments are shown on the detailed site

survey included in Appendix A. A general locality plan is presented in Figure 2.1 below:

Figure 2.1: Site Locality

SUBJECT SITE


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Land Usage

The site is currently developed, with several residential structures of varying age. The sites are

accessed by concrete driveways off the Gold Coast Highway and Nyrang Avenue.

The Impervious area of the existing site has been measured off surveyed information to comprise

approximately 34% of the total site area.

Existing site features, including the location of established vegetation and Vehicle Cross Overs (VXO)

have been identified on the site survey attached in Appendix A.

Topography and Drainage

The proposed development site has gentle slopes (>3%), and generally grades towards Nyrang

Avenue to the west.

Levels on site range between 3.65m (AHD) at the south eastern corner of the site along the Gold Coast

Highway frontage, down to 2.01m (AHD) in the north western corner of the lot fronting Nyrang

Avenue.

The most northern allotment fronting Gold Coast Highway (Lot 11 on SP260587) has previously been

filled. A 600mm blockwork retaining wall is shown on the southern cadastral boundary separating

this lot from the remainder of the site. As a result, there is not expected to be any loss of floodplain

storage from Lot 11.

No relevant upstream catchment areas have been identified to this development site.


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3. Proposed Development

The proposed development consists of:

� One hundred and twelve (112) new 1, 2 and 3 bedroom residential apartments in a single six

(6) story high rise tower;

� Two (2) levels of underground car parking and storage space, accommodating a total of 166

car parking spaces;

� One (1) lobby level with communal landscaped areas;

� Verge works to the Gold Coast Highway Frontage, and the Nyrang Avenue frontage, including

the construction of a concrete driveway off Nyrang Avenue.

Construction works for the site will consist of bulk earthworks, with controlled excavation for the

basement car parking levels, and the creation of a floodplain storage tank.

Additional works on site shall include the construction of water reticulation, sewer reticulation,

electrical and telecommunications services and stormwater treatment devices (quantity and quality).

External works for this site consist of service connections and a Vehicle Cross Over (VXO) to Nyrang

Avenue.

Erosion and sediment control measures shall be implemented in accordance with the latest version of

the Best Practices Guidelines prepared by the International Erosion Control Association Australia

(IECA Aust.) and the Gold Coast City Council City Plan.


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4. Lawful Point of Discharge

Runoff from the existing site is generally drained towards Nyrang Avenue, where surface flows are

collected in existing kerb inlet pits with an ultimate discharge to Tallebudgera Creek approximately

500m to the west of the site. In the existing case, there is stormwater sheet flow generated on the site

that drains through adjacent lots to the west before being captured in the Council owned

infrastructure in Nyrang Avenue.

The proposed drainage regime will discharge all flows from the site to a lawful point of discharge in

Nyrang Avenue via a new connection to the existing stormwater manhole to the west of the

development. The proposed arrangement will reduce the impact of overland flows on downstream

properties in minor storm events.

The proposed discharge arrangement for stormwater runoff from the subject site is considered

compliant with the two-point test described in Section 3.4.1 of QUDM by providing:

(i) The location of the discharge is under the lawful control of the local government or other

statutory authority from whom permission to discharge has been received.

(ii) In discharging to that location, the discharge will not cause an actionable nuisance (i.e. a

nuisance for which the current or some future neighbouring proprietor may bring an action

or claim for damages arising out of the nuisance), or environmental or property damage.

Demonstration of part (ii) of this test is described in full detail in subsequent sections of this report,

where it is validated that on-site detention infrastructure is proposed to mitigate increases to peak

discharge flow rates of stormwater resulting from the proposed development.


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5. Site Specific Hydrology

Introduction

The proposed development will involve the demolition of six (6) existing residential structures and

associated hardstand areas, and the construction of a new residential apartment tower with a single

concrete access driveway off Nyrang Avenue, as well as upgrades to the existing verge and other

associated hardstand surfaces. This will result in an increase to the coefficient of runoff (C10) for the

subject site.

This section of the report considers the peak stormwater discharge resulting from each catchment on

the site, and identifies whether attenuation measures are necessary to ensure “no-worsening” of the

peak flows from the site.

Methodology

The Rational Method has been utilised to estimate the peak flow of event hydrographs for both the

existing and developed case scenarios.

The results of the Rational Method calculations are used in the following sections to:

i) Evaluate the impact of the proposed development on the surrounding infrastructure, and;

ii) Quantify the discharge of stormwater from the site and surrounding catchments.

Rational Method Calculations

Time of Concentration

The time of concentration (tc) has been determined for the pre and post developed scenario based on

the methods outlined in QUDM (2013). A combination of standard inlet time and kerb flow time was

used for the pre-developed scenario, and a standard inlet time was used to represent the developed

catchment. Details of the tc calculations are provided in Table 5.1 below.

Table 5.1 –Time of Concentration Calculations

Catchment Flow

Component

QUDM

(2013)

ref.

Length

(m) Fall (m)

Travel

Time

(min) Tc

Pre

Standard

Inlet Time

Table

4.6.3 5.0

7 Kerb Flow

Figure

4.8 80 0.5 2.0

Post Standard

Inlet Time

Table

4.6.3 5.0 5

C10 Value

The C10 values for the proposed site have been based on measured Fraction Impervious (fi) areas from

the site survey and the proposed architectural layouts. Measured imperviousness on the site has been

compared to the values in QUDM (2013) Table 4.5.3 for determination of the C10 value, which is

presented in Table 5.2 below.

Table 5.2: C10 Values

Area fi C10

Pre-development 3,581m2 0.35 0.77

Post-development 4,381m2 0.75 0.85


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Summary

The Rational Method was used to calculate runoff from the site in the pre-developed and post

developed scenario. The anticipated peak discharge from the site during all standard ARI events is

detailed in Table 5.3 below.

Table 5.3: Development Runoff Calculations

Q1

(m3/s)

Q2

(m3/s)

Q5

(m3/s)

Q10

(m3/s)

Q20

(m3/s)

Q50

(m3/s)

Q100

(m3/s)

Pre-

development 0.065 0.086 0.114 0.129 0.150 0.185 0.209

Post-

development 0.079 0.104 0.137 0.155 0.180 0.221 0.244

Difference +0.014 +0.018 +0.023 +0.026 +0.030 +0.036 +0.035

As results above show, there is an increase to peak discharge stormwater flow at the point of lawful

discharge to Toohey Street in all of the stormwater events from Q1 to Q100. Therefore it will be

necessary to provide the development with an on-site stormwater detention (OSD) system or

mitigation methods to reduce the peak discharge of local storm events.


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On Site Detention (OSD) Sizing

Table 5.3 shows that the development of the site, if left unmitigated, is likely to result in an increase

of up to 36L/s during the Q50 storm event.

To mitigate any potential impact that this increase in peak discharge runoff may have on surrounding

properties an on-site detention system is proposed to be installed.

Preliminary sizing of the required detention volume has been undertaken using the Culp, Boyd, Carroll

and Basha equation methods from the Queensland Urban Drainage Manual (2008).

A summary of the equations is presented below:

1. Vs/Vi = r(1+2r)/3 (Culp 1948)

2. Vs/Vi = r (Boyd 1989)

3. Vs/Vi = r(3+5r)/8 (Carroll 1990)

4. Vs/Vi = r(2+r)/3 (Basha 1994)

Where r is reduction ratio; r = (Qi-Qo)/Qi

Vs = required storage volume (m3)

Vi = inflow volume (m3)

Qi = peak inflow discharge (m3/s)

Qo = peak outflow discharge (m3/s)

In this application, all four equations have been utilised and the maximum result has been taken for

each storm event.

Using this methodology, the on-site detention volume required for each storm event is presented in

Table 5.4.

Table 5.4: Required Detention Capacity

Storm Event Q2 Q5 Q10 Q20 Q50 Q100

Required Storage (m3) 7.32 9.28 10.34 11.87 14.33 14.01

It will therefore be necessary to provide a minimum of 14.33m3 of on-site detention storage within

the proposed stormwater drainage system to ensure a “no worsening” of peak discharge when

compared to the existing discharge arrangement for the site.

This volume will be provided as a separate storage area within the floodplain storage tank located

beneath the driveway access in Nyrang Avenue. The outlet of the proposed detention tank will be

connected to the Legal Point of Discharge to the existing Council owned stormwater infrastructure in

Nyrang Avenue.

It is proposed to make allowance for the OSD tank to overflow into the floodplain storage tank as an

emergency overflow only. Any overflow volumes would require pumped discharge from the

Floodplain storage tank.


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6. Stormwater Quality

Introduction

This section of the report aims to identify the requirements for stormwater quality management

resulting from the proposed development, and identify suitable stormwater treatment devices to

comply with relevant requirements of the State Planning Policy.

State Planning Policy Assessment

An assessment has been undertaken to determine whether the development proposal necessitates

compliance with the State Planning Policy (SPP) objectives. The following trigger questions are used

to determine whether SPP compliance is required. If all trigger questions are answered “No”, then SPP

compliance is not required.

Table 6.1- State Planning Policy Trigger Questions

Trigger Question Development Response

Material Change of Use for Urban Purposes with a land area

greater than 2,500m2 that:

Yes – Development Area = 3,581m2

Will result in an impervious area greater than 25% of

the net developable area

Yes

Will result in 6 or more dwellings N/A

Reconfiguration of Lot for Urban Purposes that involves a land

area greater than 2,500m2, and will result in 6 or more lots

No

Operational Work for Urban Purposes that involve disturbing

more than 2,500m-2 of land

Yes – Development Area = 3,581m2

Table 6.1 above indicates that the development will require compliance with the State Planning Policy

(SPP) objectives.

Water Quality Objectives and Methodology

Table 6.1 indicates that the proposed development triggers state interests for water quality as

described in the State Planning Policy (SPP). As such, the development must demonstrate that the

development achieves compliance with the stormwater management design objectives stated in

Appendix 3, Table B of the SPP. Specifically, the development must demonstrate the following

minimum reductions in mean annual pollutant loads from the unmitigated development:

Table 6.2: Water Quality Objectives

Pollutant Minimum Reduction in Mean Load (%)

Total Suspended Solids (kg/yr) 80

Total Phosphorus (kg/yr) 60

Total Nitrogen (kg/yr) 45

Gross Pollutants (kg/yr) 90

To design and assess the achievement of these stormwater quality objectives the Model for Urban

Stormwater Improvement Conceptualisation (MUSIC) Version 6.1.0 has been utilised to size suitable

stormwater quality improvement devices as described in the following sections.


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Catchment Areas & Source Nodes

The catchment areas used for the water quality assessment have been separated into two (2)

catchments representing a split catchment approach with separate bioretention areas to the North

and South of the development site.

The development also incorporates a section of the frontage to Nyrang Avenue that will bypass the

proposed stormwater quality treatment system (the access driveway and landscaping area to the west

of the site). This area has been incorporated into the MUSIC model as an area bypassing the proposed

bioretention area.

The subject site has been separated into pollutant source nodes for MUSIC modelling using the “split

catchment” approach as follows:

• Northern Catchment

o Roof Area = 877m2 (100% Impervious);

o Paved Area = 206m2 (80% Impervious);

o Garden Area = 577m2 (10% Impervious).

• Southern Catchment

o Roof Area = 877m2 (100% Impervious);

o Paved Area = 206m2 (80% Impervious);

o Garden Area = 577m2 (10% Impervious).

• Nyrang Avenue Frontage Catchment (Bypass Flow)

o Garden Area = 118m2 (10% Impervious)

o Paved Area = 51m2 (80% Impervious)

The catchment areas for the separate bioretention basins will be refined during the detailed design

phase, in consultation with the hydraulic engineer for the site.


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Recorded Rainfall Data – Gold Coast City Council (Southern)

Rainfall data for the site was taken from the Gold Coast City Council (Southern) Elanora Treatment

Plant (ID 40609) using the dates 1/1/1989 – 31/12/1998 in accordance with the Gold Coast City

Council MUSIC Modelling Guidelines (2006)

The mean average rainfall over the period is 1,436mm.

Rainfall over this time period was modelled using MUSIC to calculate the pollutant generation and

treatment effectiveness of the proposed systems.

Rainfall-Runoff Parameters

Rainfall-runoff parameters were taken in accordance with the Water By Design – MUSIC Modelling

Guidelines (2010) using Urban Residential land use, as tabulated in Table 6.3 below:

Table 6.3: MUSIC Modelling Parameters

Parameter Value

Rainfall threshold (mm) 1.00

Soil storage capacity (mm) 500

Initial storage (%) 10

Field capacity (mm) 200

Infiltration capacity coefficient a 211

Infiltration capacity exponent b 5

Initial depth (mm) 50

Daily recharge rate (%) 28

Daily baseflow rate (%) 27

Daily deep seepage rate 0

Pollutant Export Parameters

Pollutant export parameters were taken in accordance with Water By Design – MUSIC Modelling

Guidelines (2010) using Urban Residential land use.

The split catchment approach was utilised for each surface type, with the input parameters shown in

Table 6.4 below:

Table 6.4: Pollutant Export Parameters

Flow Type Surface

Type

TSS log10 values TP log10 values TN log10 values

Baseflow Roof N/A N/A N/A N/A N/A N/A

Roads 1.00 0.34 -0.97 0.31 0.20 0.20

Ground 1.00 0.34 -0.97 0.31 0.20 0.20

Stormflow Roof 1.30 0.39 -0.89 0.31 0.26 0.23

Roads 2.43 0.39 -0.30 0.31 0.26 0.23

Ground 2.18 0.39 -0.47 0.31 0.26 0.23


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Proposed Treatment Device Details

The proposed stormwater quality treatment system includes a two (2) bio-retention areas to be

located at each end of the subject site. The proposed bio-retention basins are to be located within the

area specified by the Landscape Architect, which generally incorporates deep planting and

landscaping works.

A bio-retention area is a vegetated region where runoff is filtered through a filter media layer (e.g.

sandy loam) as it percolates downwards to receiving underlying reticulation. Specific vegetation is to

be incorporated into the landscaping of bio-retention areas which effectively reduce nutrient loads.

Appendix A of Healthy Waterways’ Water Sensitive Urban Design Technical Guidelines for South East

Queensland provides guidance on selecting appropriate plant species for systems where plants have

a functional role in stormwater treatment.

Runoff from the entire site area, with the exception of a small bypass area of driveway and garden to

the west of the site fronting Nyrang Avenue, will be treated in the two (2) bio retention basins,

removing nutrients and suspended solids from the water column before flowing to the point of lawful

discharge.

Figure 6.1 - Example of Vegetated Bio-retention Area

A schematic layout plan and cross sections of the proposed bio-retention area are included in

Appendix B.

The performance of the bio-retention area in reducing pollutants has been modelled using MUSIC in

accordance with the Water by Design MUSIC Modelling Guidelines (2010). The modelled bio-retention

basin details are as presented in Table 6.5 below:


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Table 6.5: Bio-Retention Device Details

Bio-Retention Area Parameter Proposed Bio-retention

Basin - Stage 1

Proposed Bio-retention

Basin - Stage 2

Low Flow Bypass (m3/s) 0.0 0.0

High Flow Bypass (m3/s) 100.0 100.0

Extended Detention Depth (m) 0.30 0.30

Surface Area (m2) 19.0 19.0

Filter Area (m2) 19.0 19.0

Unlined Filter Perimeter (m) 50 50

Saturated Hydraulic Conductivity

(mm/h)

200 200

Filter Depth (m) 0.40 0.40

TN Content of Filter Media (mg/kg) 800 800

Orthophosphate Content of Filter

Media (mg/kg)

40.0 40.0

Exfiltration Rate(mm/h) 0.0 0.0

Base Lining Yes Yes

Overflow Weir Width (m) 1.8m 1.8m

Submerged Zone with Carbon No No

MUSIC Model Diagram

A diagrammatic layout of the MUSIC model interface used to model the proposed development is

presented in Figure 6.2 below:

Figure 6.2 - MUSIC Model Diagram


631 Adopted Report



MUSIC Modelling Results

MUSIC was used to model the treatment train effectiveness in terms of the percentage of pollutants

being removed from the system using the proposed treatment devices.

The results of the MUSIC modelling compared to the stated water quality objectives (WQO’s) are

presented in Table 6.6 below:

Table 6.6: MUSIC Modelling Results

Potential Pollutant Target WQO’s MUSIC Results New Council

Owned Bio-retention Basin

Total Suspended Solids (kg/yr) 80% 81.0%

Total Phosphorus (kg/yr) 60% 61.0%

Total Nitrogen (kg/yr) 45% 54.7%

Gross Pollutants (kg/yr) 90% 97.3%

The results indicate that the proposed bio-retention basins are efficient in achieving the water quality

objectives and exceed the minimum required pollutant reduction targets.


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7. Conclusion

This report has been prepared to support the lodgement of a development application to approve the

construction of a six (6) storey high rise residential apartment complex comprising 112 residential

apartments over the following parcels of land:

Property Address: 1486 – 1496 Gold Coast Highway,

Palm Beach

Property Description: Lot 23 on RP65819

Lot 1 on RP116507

Lot 190 on RP91634

Lot 4 on RP97035

Lot 11 on SP260587

Client: Enhance Urban Planning

Council: Gold Coast City Council

Registered Site Area: 3,581m2

This report has addressed the management of stormwater quantity and quality to ensure that the

proposed development complies with all necessary state and local government policies.

This report describes the design process for specifications of the following key infrastructure

elements that will ensure the management of stormwater to achieve necessary standards.

• Stormwater Quantity

• 14.33m3 of stormwater detention volume to be stored within the floodplain storage

tank located in the western section of the site fronting Nyrang Avenue. Stormwater

detention volume to be provided as a separate volume to the floodplain storage

requirements.

• Stormwater Quality

• 38m2 of bioretention surface area within two 19m2 dedicated bioretention basins to

the north and south of the development site;

The proposed stormwater treatment devices will connect to the existing council owned stormwater

network in Nyrang Avenue.

It is the opinion of this report that the proposed stormwater quantity and quality management

systems proposed are suitable for a development of this scale and potential impacts.


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Appendix A

Site Survey


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Appendix B

Engineering Drawings


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LEGEND

BIO RETENTION TYPICAL SECTIONSTORMWATER LAYOUT PLAN

Level 1 Somerset House, 57 Thomas Drive, Surfers ParadisePO BOX 260, Chevron Island 4217Ph: 07 5538 0431 |Fax: 07 55 621 [email protected]

MICHAEL BALE& A S S O C I A T E S

S t r u c t u r a l a n d C i v i l E n g i n e e r i n g C o n s u l t a n c ya r c h i t e c t u r e

Suite 202, The Wave89-91 Surf Parade,Broadbeach QLD 4218Phone: 07 5555 2600Facsimile: 07 5526 8829Email: [email protected] 77 081 702 301


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PROPOSED STORAGE TANK FLOOD STORAGE VOLUME: 719m 3OSD STORAGE VOLUME: 14.33m 3DETAILS TO BE CONFIRMED

ITEM 6 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT – LOT 0 ON BUP1344, LOT 1 ON BUP1344, LOT 2 ON BUP1344, LOT 3 ON BUP1344, LOT 4 ON BUP1344, LOT 5 ON BUP1344, LOT 6 ON BUP1344, LOT 161 ON RP21845 – 9 TO 11 THORNTON STREET, SURFERS PARADISE – DIVISION 7 PN71344/01/DA1 Preamble to 9 -11 Thornton Street, Surfers Paradise MCU 201600187 Lot 161 on RP21845, being 11 Thornton Street, Surfers Paradise is currently under the ownership of City of Gold Coast (Council). A decision was made by Council at a Special Council Meeting of 18 June 2014 (Council resolution: G14.0618.001) to sell the subject lot (along with others) to assist with funding of the Gold Coast Cultural Precinct. The applicant for the subject application has entered into a contract of sale with Council to purchase Lot 161. To avoid any perceived conflict of interest in the assessment of the application for a Development Permit for a Material Change of Use for an Apartment, the following assessment report was prepared by Place Design Group (Planning Consultant). Council Officers from the following areas provided technical comments for consideration by Place Design Group:

• Transport Assessment • Subdivision Engineering • Open Space Assessment • City Architect • Gold Coast Water • Environmental Assessment • Environmental Health Approvals and Licencing • Hydraulic and Water Quality Assessment • Plumbing and Drainage • Council’s Arborist • Landscaping Assessment • Geotechnical Engineering


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ITEM 6 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - LOT 0 ON BUP1344, LOT 1 ON BUP1344, LOT 2 ON BUP1344, LOT 3 ON BUP1344, LOT 4 ON BUP1344, LOT 5 ON BUP1344, LOT 6 ON BUP1344, LOT 161 ON RP21845 - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1

Refer 17 page attachment

1 OVERVIEW

Site address 9 to 11 Thornton Street, Surfers Paradise Application description Development Permit for a Material Change of Use for Apartment

Decision due date 11 July 2016

Level of Assessment Impact Assessment

Proposal

The development application involves a 31 storey Apartment building at the subject site, consisting of the following elements:

• a maximum building height of RL99.530 or 31 storeys; • 81 residential dwellings featuring 78 x 2 bedroom units and 3 x

3 bedroom units. The proposed development features a total of 165 bedrooms;

• A four (4) level basement which accommodates 93 car parking spaces, including 9 visitor spaces located at the Basement Level 1;

• Secured bicycle parking at the ground and basement levels of the proposed building, overall a total of 95 spaces have been provided for residents and visitors;

• Approximately 788m² of communal open space is provided in the form of the Ground Floor and Level 7 recreation area. The Ground Floor level comprises a lobby pool, spa and courtyard, while the Level 7 recreation area will provide two (2) outdoor terrace areas, function room, residents lounge, sauna and gym;

• Vehicle access is proposed via a single all-movements crossover at Thornton Street;

• The proposed development will have a Gross Floor Area of 10,716m2 resulting in a Plot Ratio of 10.558:1.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1

Main Considerations

Issue Resolution Building Height – AS1.2 of the Surfers Paradise LAP nominates a code assessable height of 30 storeys

Appropriate outcome achieved. The proposal comprises a 31 storey Apartment building. The proposed development exceeds the height threshold by one (1) storey. A detailed assessment has been undertaken against the Performance Criteria of the Surfers Paradise Local Area Plan (LAP), where it has been established that the proposed building height is appropriately located within the identified concentration of high rise development within the Surfers Paradise local area. As such, it is considered that the proposed development suitable accords with the intended character of the local area. The proposed building height is considered to demonstrate an acceptable outcome for the site.

Accommodation Density – AS3 of the Surfers Paradise LAP nominates a code assessable accommodation density of one bedroom per 13m² of net site area (RD8)

Appropriate outcome achieved. The proposal has an accommodation density of one one (1) bedroom per 6.2m² which exceeds the nominated RD8 Code Assessable density for the site. The assessment completed has determined that the proposed accommodation density satisfies the intent of the precinct by providing high rise accommodation in a location considered appropriate for this form of development. Further, it can be demonstrated that the development can be feasibly established without overburdening existing infrastructure networks. The proposed density is considered to be accommodated at the site and is conducive to the character of Surfers Paradise.


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Site Coverage – AS4.2.1 nominates a site coverage of 40%

Appropriate outcome achieved.

The proposed development has a total site coverage of 41.3% and is therefore marginally non-compliant with AS4.2.1.

The assessment completed has determined that despite the marginal increase in site coverage, the development’s slender appearance and high quality architectural, urban and landscape design outcomes will ensure the resultant built form is not bulky or visually intrusive. Proposed building setbacks are considered to represent an efficient use of the site in a manner consistent with the character of the local area. The proposed site coverage is considered to adequately comply with the requirements of PC4.

Building Setbacks – AS 6.1.1 of the Surfers Paradise LAP and AS1.1 to AS1.2 of the High Rise Residential and Tourist Accommodation Code provide various setbacks requirements for development

Appropriate outcome achieved. The proposal reduces the required front boundary setback of 6 metres and various side boundary setback requirements of the subject site. PC6 of the Surfers Paradise LAP and PC1 of High Rise Residential and Tourist Accommodation Specific Development Code seeks to achieve an efficient use of the site, consistent with the character of the area and appropriate separation of existing and future built form.

The proposed development provides a high quality architectural and urban design outcome, improvement to the streetscape character and visual amenity and consequently, provides for an overall improvement to the Surfers Paradise local area. The various built form elements respond to the streetscape character resulting in a form that is not bulky or visually intrusive in the


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context of the specific character. The proposal has been assessed against the abovementioned codes and the author is of the opinion that the proposal achieves appropriate setbacks which represents an efficient use of the site in a manner consistent with the character of the surrounds.

Plot Ratio – AS29.1.1 of the Surfers Paradise LAP identifies a basic plot ratio for the site of 4:1, with no maximum specified

Appropriate outcome achieved. The proposal has a plot ratio of 10.588:1. PC29 of the Surfers Paradise LAP aims to ensure that the bulk of a building is proportional to the character of the area. The proposal incorporates a number of favourable design elements for which floor space bonuses can be partially granted. Officers from Council’s Office of the City Architect concluded that the proposal demonstrates a high level of architectural and urban design merit and is an appropriate design response to the location. A proposed contribution of $75,000 toward Urban Improvements for additional plot ratio has been sought, with the proposed contribution to be directed toward the provision of improvements to the pedestrian/bicycle lanes over the Isle of Capri bridge within Division 7. Subject to the inclusion of Urban Improvement benefits, the author is of the view that the development design is appropriate to the emerging character of the local area consistent with the purpose of PC29 and consider the granting of bonus in floor space acceptable.

Communal Open Space – AS22.1 of the High Rise Residential and

Appropriate outcome achieved. The proposal includes a total of


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Tourist Accommodation code results in a communal open space requirement of 1,873m²

788m² of communal open space and recreational facilities. Recreational opportunities have been provided for in the form of communal pool, spa, courtyard, two (2) outdoor terrace areas, function room, residents lounge, sauna and gym located at ground level and the level 7 recreation area. The proposed development provides expansive private open space (balcony) areas for residents with communal areas providing landscape elements that contribute highly to functional and useable space. It is author’s view that that applicant has adequately demonstrated that the communal open space proposed will meet the recreational and lifestyle needs of residents and in doing so achieves the purpose of PC22.

Submissions

Objections Support • Five (5) properly made

objections. • One (1) not properly made

objection (out of time)

Nil.

Key issues raised by submitters

• Building setbacks; • Parking and traffic congestion; • Impacts on amenity; • Plot ratio; • Shadow and light; • Ground stability; and • Infrastructure capacity.

Referral agencies

The application did not require referral to the Department of Infrastructure, Local Government and Planning.

Officer's recommendation Approval


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

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

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

11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 Open Space Assessment 11.5 Architect 11.6 Gold Coast Water 11.7 Plumbing and Drainage 11.8 Environmental Assessment 11.9 Environmental Health Approvals and Licencing 11.10 Hydraulics and Water Quality 11.11 Arborist 11.12 Landscape Assessment 11.13 Geotechnical Engineering

12 EXTERNAL REFERRALS 12.1 Concurrence agencies 12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 2 EXECUTIVE SUMMARY The development application is for a Development Permit for a Material Change of Use (Impact Assessment) for an Apartment building at 9 to 11 Thornton Street, Surfers Paradise, described as Lot 0 on BUP1344, Lot 1 to 6 on BUP1344 and Lot 161 on RP21845.

The development application was lodged on 29 January 2016 and consequently, the proposal has been assessed against the Gold Coast Planning Scheme – Version 1.2, Amended November 2011.

The subject site is located within Precinct 2 – High Rise Accommodation, of the Surfers Paradise Local Area Plan (LAP). The Apartment land use is listed as code assessable within Precinct 2. The proposed development triggers impact assessment based on the following components;

• the proposed maximum building height of 31 storeys, which exceeds the code assessable building height of 30 storeys; and

• the proposed residential density of 1 bedroom per 6.2m², which exceeds the code assessable residential density of RD8 (1 bedroom per 13m2 of net site area).

The application is therefore impact assessable however is considered to be generally consistent with the intent of Precinct 2 – High Rise Accommodation, of the Surfers Paradise Local Area Plan.

It is relevant to note that Lot 161 on RP21845 subject of this development proposal, is currently under ownership of City of Gold Coast (Council). Despite the lot’s current use as public open space, this allotment is located within Precinct 2 – High Rise Accommodation of the Surfers Paradise LAP. A decision was made at a Special Council meeting of 18 June 2014 to sell the subject allotment to assist with funding the Gold Coast Cultural Precinct (Council Resolution: G14.0618.001). The applicant subject of this proposal has entered into a contract of sale with Council to purchase Lot 161. The pending change in tenure and Council’s decision to sell Lot 161 to a private entity for development, demonstrates a move from the previous use of the site as public open space to a use consistent with its designation under the Surfers Paradise LAP and the use of surrounding allotments.

The proposal has been assessed against the Surfers Paradise Local Area Plan place code, applicable constraint and specific development codes and where required, higher order planning scheme strategies and land use themes.

The applicant has proposed alternative solutions to achieve the performance criteria relating to building height, accommodation density, building setbacks, plot ratio and communal open space. As addressed within this report, the author has determined that the alternative solutions provided by the applicant satisfactorily achieve the purpose of the respective performance criteria and should be supported. Suitable conditions have been recommended to ensure that the aspects of the proposal attributed to its favourable consideration are implemented and maintained.

The application was referred to relevant internal Council referrals for their assessment. From their assessment, conditions have been recommended relating to plumbing and drainage, water supply and sewer, landscaping and open space, protected vegetation, noise and waste management, transport infrastructure and parking, architecture and urban design and hydraulic, geotechnical and subdivision engineering.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The applicant 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 public notification, five (5) properly made submissions and one (1) not properly made submission was received. All submissions objected to elements of the application.

The development application did not require referral Department of Infrastructure, Local Government and Planning (DILGP) as a concurrence agency in accordance with Schedule 7 of the Sustainable Planning Regulation 2009.

Having considered all aspects of the development, the author is satisfied that the proposed development complies with the Surfers Paradise Local Area Plan Place Code and applicable planning scheme codes. Furthermore the proposed development is consistent with the Desired Environmental Outcomes and Planning Strategies of the Gold Coast Planning Scheme – Version 1.2, Amended November 2011.

It is therefore recommended that the development application seeking a Development Permit for a Material Change of Use (Impact Assessment) for an Apartment building should be approved subject to the imposition of suitable development conditions.

3 APPLICATION INFORMATION Real property description Lot 0 on BUP1344 , Lot 1 on BUP1344 , Lot 2 on

BUP1344 , Lot 3 on BUP1344 , Lot 4 on BUP1344 , Lot 5 on BUP1344 , Lot 6 on BUP1344 , Lot 161 on RP21845

Applicant Peninsula Properties (QLD) Pty Ltd Owner at time of lodgement Council Of The City Of Gold Coast

Body Corporate For Macquarie CTS 13762 Peninsula Properties (QLD) Pty Ltd

Current owner Council Of The City Of Gold Coast Body Corporate For Macquarie CTS 13762 Peninsula Properties (QLD) Pty Ltd

Site area 1,012m2 Date application received 29 January 2016 Date entered decision 13 May 2016 Domain Not Applicable LAP & precinct Surfers Paradise Local Area Plan within the Highrise

Accommodation Precinct (Precinct 2) City Plan High Density Residential Zone State planning policies State Planning Policy – July 2014 Decision type Development Permit for a Material Change of Use for

Apartment

4 BACKGROUND The subject site does not benefit from any existing development approvals of the site.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 5 PROPOSAL The proposal involves a 31 storey apartment building development comprising of 81 residential dwellings, four (4) levels of basement parking and communal open space at the Ground Floor and Level Seven (7). The proposed development is outlined by level as follows:

Basement The proposed development includes a four (4) level basement which includes a total of 93 car parking spaces, 95 bicycle parking spaces, storage areas and mechanical plant and equipment rooms.

Ground Floor The ground floor involves the entry, lobby, office, managers units to service the apartment building. Communal Open Space is proved on the Ground Floor by way of a lap pool, spa, courtyard, pond and landscaped areas. The vehicle access to the basement is provided via a vehicle cross over at Thornton Street and 14 visitor bike bays are provided at the road frontage of the proposed development.

Level 1 – Mezzanine The mezzanine level involves the managers unit, meeting rooms and void space above the Ground Floor Level.

Level 2 to Level 6 The six (6) levels involve the unit Type A and unit Type B configurations.

Level 7 – Recreation Floor Level Level 7 contains the remaining Communal Open Space for the proposed development and includes the following:

• Outdoor terrace areas;

• Gym;

• Residents Lounge;

• Function Rooms and Kitchenette,

• BBQ Facilities;

• Bathrooms;

• Sauna.

Level 8 to Level 14 The seven (7) levels involve the unit Type A, Type B and Type C configurations.

Level 15 to Level 28 The 14 levels involve the unit Type B and Type C configurations.

Level 29 and Level 3 Involves the two (2) Unit D configurations over the two (2) levels.


647 Adopted Report

ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The proposed development summation is provided as follows:

Building Height Maximum building height of RL99.530 (31 storeys), measured from ground level to the ceiling of the topmost storey.

Site Coverage 41.3%. This particular calculation is based upon a net site area of 1,012m².

Residential Density 78 x 2 bedroom units 3 x 3 bedroom units Total residential density 81 units / 165 bedrooms.

Total car parking The car parking arrangement for the development is as follows:

• Basement Level 1 = 20 (including 9 spaces for visitors)

• Basement Level 2 = 24

• Basement Level 3 = 24

• Basement Level 4 = 25 Total = 93 car spaces

Total bike parking A total of 95 bicycle parking spaces are provided including 81 spaces are provided for residents and 14 spaces provided for residential visitors. Bicycle parking is provided in secure locations across the basement levels.

Private Open Space Each unit is provided with a private balcony/terrace ranging in area from 13.48m2 to 41.68m2 with direct access to the internal living space.

Communal Open Space Approximately 788m2 of communal open space located at the ground floor level and level 7. The ground level comprises a lobby pool, spa and courtyard while the level 7 recreational area provides two (2) outdoor terrace areas, function room, residents lounge, sauna and gym

Waste Management A refuse storage area for the apartments is located at the Basement 1 level to service the development. A waste chute is provided with hopper on each level, discharging to a waste storage room at Basement Level 1. A refuse collection area is located adjacent to the drive way ramp. Refuse collection is proposed to occur via bulk bin kerbside collection on Thornton Street.


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Figure 1 – Thornton Street Elevation


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 9 to 11 Thornton Street, Surfers Paradise. The subject site consists of two (2) allotments as follows:

• 9 Thornton Street: Lot 0 on BUP1344 and Lot 1 to 6 on BUP1344; and

• 11 Thornton Street: Lot 161 on RP21845. The subject site is rectangular in shape and has a total area of 1,012m2.

Figure 2 – Subject Site (Source: Nearmap)

A summary of the site dimensions is as follows: • the frontage to Thornton Street (southern boundary) is approximately 25 metres; • the northern property boundary is approximately 25 metres; • the eastern property boundary is approximately 40 metres; and • the western property boundary is approximately 40 metres.

The existing topography of the subject site is relatively flat and gently falls from the east (RL 6.79 m AHD) to the western corner (RL 4.72m AHD).

The eastern portion of the subject site is currently improved by a low rise apartment building (Lot 1 – 6 BUP1344) and western portion is currently vacant land (Lot 161 on RP21845).


650 Adopted Report

ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 As identified in the figure below, there are existing, mature Norfolk Pines located along the road frontage of the subject site. Given the size of these trees, it is proposed by the applicant that all existing species will be retained as a consequence of the proposed development.

Additionally, the other vegetation across the site comprises mainly domestic landscape garden species and cleared areas with associated weed species.

Figure 2 – Subject site viewed from Thornton Street (the existing low rise apartment building and vacant land)

6.2 Characteristics of surrounding environment The subject site is located within Surfers Paradise and the immediate area surrounding the subject site predominately contains a range of residential land uses, varying building scale and density.

Development is primarily characterised by constructed and planned high rise buildings that provide a mix of permanent and tourist accommodation, and small scale commercial uses, generally catering for the convenience needs of residents and tourists.

The subject site is located directly to the east of Surfers Paradise Boulevard which runs north to south along the coastline. Further to the west is the Gold Coast Highway, a major north to south transport corridor along the city coastline. The site also within close proximity to the Northcliffe Light Rail Station, which is approximately 170 metres to the west of the subject site.

The subject site is approximately 90 metres from the beach at the end of Thornton Street and the Northcliffe Surf Life Saving Club.


651 Adopted Report

ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The following figure depicts the subject site and surrounding context.

Figure 2 – Site Context (Source: Nearmap)

A detailed description of the subject is as follows: North - To the north of the subject site, beyond Vista Street is primarily characterised by

a mix of residential dwellings in varying heights and typologies. Significant high-rise development is the emerging character of the area as evidenced by residential towers such and ‘Artique’, ‘Surfers Century’ and Q1.

South - The south of the subject site is primarily characterised by a mix of permanent and non-permanent accommodation units in varying heights, densities and typologies. Significant high-rise development is the character of the area as evidenced by accommodation towers such as Acapulco.

East - Directly adjacent, at the eastern boundary and Garfield Terrace are a range of permanent and non-permanent accommodation units in varying heights, densities and typologies oriented toward the beach. The Northcliffe Surf Lifesaving Club is located 50 meters east of the subject site.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 West - Immediately to the west is a series low-rise multi unit buildings and Surfers

Paradise Boulevard. Vintage Velvet lies at the corner of Thornton Street and Surfers Paradise Boulevard. A 31 storey Apartment building has recently been approved immediately north of Vintage Velvet. The Nerang River is a prominent natural feature beyond the Gold Coast Highway which is activated by substantial residential dwellings and pontoons. The G:Link Northcliffe Station is 170 metres west of the site.

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions The State planning regulatory provisions applicable to the subject site is the State Planning Regulatory Provisions (adopted charges).

the regional plan for a designated region The ‘Urban Footprint” designation of the South East Queensland Regional Plan 2009- 2031.

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

State Planning Policy, July 2014

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

area—all master plans for the area Not Applicable

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

242 applies Not Applicable

a planning scheme The proposed development has been assessed against the 2003 Gold Coast Planning Scheme – Version 1.2, Amended November 2011.

the infrastructure charge resolution or the priority infrastructure plan.

City of Gold Coast Infrastructure Charge Notice.

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

• the common material The common material has been considered in the assessment of the proposed development.

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

Not Applicable

• any referral agency’s response for the application

Not Applicable


653 Adopted Report

ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 7.1 City Plan This application was lodged under the 2003 Gold Coast Planning Scheme – Version 1.2, Amended November 2011 (2003 Planning Scheme) and has been carefully reviewed having regard to Section 317 of the Sustainable Planning Act 2009. It is considered the outcome of the proposal is not materially different than what may be achieved under City Plan and therefore will be assessed under the 2003 Planning Scheme. This approach mirrors the Superseded Planning Scheme request resolution resolved at the Council meeting of 16 June 2015, in particular the decision making criteria.

Pursuant to the City Plan, the subject site is located within the High Density Residential Zone. Furthermore, the subject site is located within the ‘HX” building height designation, being areas with an unlimited building height limit and within the RD8 residential density designation, which equates to up to 77 bedrooms or 1 bed per 13m2. Under the City Plan the proposed Apartment land use is defined as a Multiple dwelling (premises containing three or more dwellings for separate households) and is listed as Code Assessment within the Levels of Assessment – Material Change of Use of the High Density Residential Zone.

As the site has the building height designation HX, it is not triggered to a higher level of assessment as a result of building height. Therefore, the proposed building height of 31 storeys is consistent with the provisions of the City Plan. Additionally, the proposed development exceeds the residential density of the City Plan, however exceeding density under the City Plan does not trigger impact assessment and therefore the application would remain Code Assessable.

The purpose of the High Density Residential Zone is to provide for higher density multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents. Having regard to the purpose of the zone, it is considered that the proposed high-rise development is fully contemplated and consistent with the future High Density Residential Zone.

The City Plan strategic framework intends for growth and development that will be concentrated in an integrated network of well serviced urban places – places with good access to public transport, services and infrastructure assets, or places where improvements to public transport provide a catalyst for mixed use development and higher density living. The strategic framework specifically refers to Surfers Paradise as being targeted for renewal and transformation. Given the subject site’s locality and it being within a walkable distance to the Gold Coast Light Rail, it is considered that the proposed high-rise development supports the anticipated urban transformation and intensification of Surfers Paradise, particularly within the Light Rail corridor.

The Strategic Framework Mapping specifically identifies the Light Rail Urban Renewal Area as being a focus area for urban redevelopment and intensive development to 2035. Based on the subject site's close proximity to the Light Rail, it is considered that the proposed development supports the anticipated urban transformation and intensification of southern Surfers Paradise, particularly within the Light Rail corridor.

Given the overall outcomes stated for the High Density Residential Zone and the specific outcomes identified for Surfers Paradise in the Strategic Framework, it is considered that the proposed development would be generally consistent with and supported by the City Plan.


654 Adopted Report

ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 7.2 Assessment against the 2003 Gold Coast Planning Scheme – Version 1.2, Amended November 2011 The following codes are applicable to the proposed development.

Place code Constraint code Specific development code

Surfers Paradise Local Area Plan

Car Parking, Access and Transport Integration

High Rise Residential and Tourist Accommodation

Relationship to the Domain or LAP The subject site is located in the Surfers Paradise Local Area Plan (LAP) and is within the Precinct 2 – High Rise Accommodation Precinct.

Pursuant to the 2003 Gold Coast Planning Scheme – Version 1.2, Amended November 2011, the Apartment land use is defined as follows:

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.

The Table of Development Part A: Material Change of Use for Precinct 2 to the Surfers Paradise LAP lists an Apartment land use as code assessable development. Part B: Material Change of Use Overlay Provisions, of the Table of Development identifies the circumstances under which a higher level of assessment is triggered despite the level of assessment identified in Part A. In accordance with Table B: Material Change of Use Overlay Provisions, as the proposed development exceeds both the maximum number of storeys identified the Surfers Paradise LAP Map 25.3 – Maximum Building Height and the Surfers Paradise LAP Map 25.4 – Maximum Residential Density.

Surfers Paradise LAP Map 25.3 identifies the site as having a code assessable height of 30 storeys. The development at 31 storeys exceeds the code assessable building height.

Surfers Paradise LAP Map 25.4 identifies the site as having a code assessable residential density of RD8 (1 bedroom per 13m² of net site area). The development proposes a residential density of 1 bedroom per 6.2m² of site area.

Consequently, an Impact Assessable application has been lodged covering all aspects of the proposal.

Intent of the Surfers Paradise Local Area Plan The intent statement for the Surfers Paradise LAP is as follows:

“The purpose of this Local Area Plan (LAP) is to provide integrated and detailed planning of Surfers Paradise as the major tourist centre of the Gold Coast City. This LAP is intended to promote the economic growth and vitality of the area, enhance the image and attraction of Surfers Paradise to local, interstate and international visitors, improve accessibility of the centre, enrich the cultural and social life of Surfers Paradise, protect the amenity of residential areas and ensure that future development occurs in an environmentally responsible manner.


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Surfers Paradise is the focus of domestic and international tourism to the Gold Coast City. The famous tourist centre has a unique physical location and built form which sets Surfers Paradise apart from other locations. These factors have combined to make Surfers Paradise a concentration of commercial, tourism and entertainment activity. The popularity of Surfers Paradise has increased pedestrian and vehicular traffic, supported a wide range of land uses, increased the use of public areas, and resulted in diverse architectural styles, an abundance of signs and an increased emphasis on public safety.

Council is committed to enhancing the appeal of Surfers Paradise as a vibrant centre for visitors and residents. Council is in the process of upgrading the appearance of public areas, creating a pedestrian friendly environment, improving traffic circulation, encouraging an increased range of service provision, improving community safety, and ensuring that future development complements the character of Surfers Paradise as an attractive centre which is inviting to the whole community. This LAP directly addresses important issues associated with land use and the built form of Surfers Paradise.”

Author’s comment

The proposal involves the redevelopment of two allotments in an established urban infill area of Surfers Paradise, that provides a range of residential and resort accommodation land uses of diverse scale and density. The redevelopment of the site in the manner proposed provides for the establishment of high-rise residential development in a compact urban form that complements and reinforces the role and function of Surfers Paradise as a Specialist Centre.

The proposed development seeks to strengthen and promote economic growth within the city by generating employment opportunities, both during construction and the ongoing operational phases of the development.

The proposal, which incorporates 81 apartments in a range of unit typologies, provides the opportunity for permanent and non-permanent accommodation. The range of unit typologies encourages a mix of visitors and permanent residents to use the site during different times of the day and night.

The building has been designed to be of high quality in terms of design and finishes, enhancing the image of Surfers Paradise through the provision of a contemporary, architecturally designed boutique development. The proposed development provides a clear and local signature design that identifies with surrounding sites and the local community.

Landscape treatment along the northern, eastern and western site boundaries will maintain and enhance visual amenity between the proposed development and neighbouring properties, ensuring the amenity of surrounding residential areas are protected. The retention of three (3) existing Norfolk Pine species within the public road reserve and landscape improvements to the Thornton Street road frontage, will provide for a pedestrian friendly environment and improved streetscape opportunity. The proposed streetscape treatment of


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 the development will provide an urban outcome considered functional and beneficial to the local area.

The author is of the opinion that on balance, the proposal complements the character of Surfers Paradise as an attractive centre, which is inviting to the whole community. Consistent with the intent of the LAP, the proposal is anticipated to promote the continued growth and vitality of Surfers Paradise.

LAP Desired Environmental Outcomes (DEO) The Local Area Plan includes one (1) relevant DEO which reads as follows:

‘3.2 Encouragement of distinctive high rise residential and tourist development to enhance Surfers Paradise’s famous skyline and townscape (refer to DEO Soc.1).’

Author’s Comment

The fulfilment of this LAP DEO is related to the achievement of Planning Scheme DEO Soc.1. Briefly summarised, DEO Soc.1 relates to the establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for various communities of the City.

The proposed development supports the continued evolution of the Surfers Paradise skyline through the contemporary architecturally designed development. The proposal reinforces the famous Surfers Paradise skyline through a positive contribution to the high rise spine and the strengthening of Surfers Paradise as a dynamic urban environment, Specialist Centre and major tourist destination of the City.

Additionally, the built form contributes to the vibrancy of the Surfers Paradise streetscape through the direct enhancement of Thornton Street, maintaining and improving the unique Surfers Paradise townscape.

The proposal exhibits a high standard of urban design and its relationship with the street reinforces the intended purpose and conservation of the Surfers Paradise identity. On this basis, the proposed development complies with the relevant Surfers Paradise LAP DEO. Precinct The subject site is located within Precinct 2: High Rise Accommodation precinct, of the Surfers Paradise LAP. The intent of the precinct is as follows:

“This precinct incorporates land south and north of the Entertainment Precinct, shown on Surfers Paradise LAP Map 25.2 – Precincts. This area is already extensively developed, providing a range of residential and resort accommodation. Retailing is confined largely to the Gold Coast Highway and Ferny Avenue. The intent for this precinct is to encourage further high rise accommodation, both for permanent residents and tourists in appropriate locations. Buildings should be of high quality, both in terms of design and finishes, and sited amidst lush sub-tropical grounds with minimal hard stand areas. In encouraging further high rise development, the precinct seeks to minimise those uses which adversely impact upon the residential amenity of these


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areas. As a result, high impact non- residential uses should be confined to arterial roads.

The amenity of the beach must be preserved. In this regard, it is essential that development along the beachfront complements the existing built form of this area, to enhance the iconic value of towers along the beach. The proximity of this precinct to the beach front and associated pedestrian and open space areas also provides an opportunity to develop a small scale cosmopolitan dining strip along The Esplanade, with an emphasis on al fresco dining be incorporated in the future development of this precinct.”

Author’s Comment

The subject site is located approximately 800 metres south of the core retail, entertainment and tourist centre of Surfers Paradise that is characterised by high rise development ranging in height from 16 to 79 storeys. Existing development in the immediate vicinity of the site generally comprises a number of large scale tourist resorts, planned and constructed high-rise buildings that provide a mix of permanent and non-permanent accommodation types and small scale commercial uses that cater to the convenience needs of residents and tourists.

High-rise apartment buildings are specifically envisaged as a desirable and anticipated form of development on land within Precinct 2 of the Surfers Paradise LAP. The proposed development supports the intent for the High Rise Accommodation Precinct by providing further high-rise development in the form of a single apartment tower in Surfers Paradise. The proposal provides for seven (7) separate unit typologies in a mix of 2 and 3 bedroom configurations and private open space within a contemporary, architecturally designed building that accentuates its close proximity to the beach. The proposed tower is of a form that assists in defining the City’s skyline that complements surrounding land uses and displays a high level of quality through design, material and landscape finishes.

The precinct calls for lush sub-tropical grounds with minimal hardstand areas. The proposal promotes an approachable streetscape environment, with minimal hardstand areas, the retention of significant vegetation species within the road reserve and enhanced landscape opportunities along the development frontage. Units oriented toward the street frontage provide opportunity for an active streetscape frontage, promoting passive surveillance and community interaction. The proposed development includes the provision of a landscaped green wall at ground level and level 7 of the development, fronting Thornton Street. The provision of the green wall assists in enhancing the appearance of the overall development, particularly above street level.

The proposal is considered to represent a desirable form of development that is able to take advantage and enhance the site’s locational qualities whilst promoting the Precinct intent.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Compliance with the Surfers Paradise Local Area Plan Place Code Purpose

The purpose of the Surfers Paradise LAP Place Code states:

This Place Code seeks to ensure that the scale, density and type of development in particular, the design and appearance of buildings is consistent with the intent of this LAP and the specialised tourism and employment functions of Surfers Paradise.

As discussed above, the author is of the view that the proposal is consistent with the intent of the LAP and as a result it supports the purpose of the place code.

Development Requirements

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

Performance Criteria 1 – Building Height

Performance criteria Acceptable solution PC1 A gradation in the townscape and urban character is to be achieved. In general, the height of buildings will be generous to encourage high rise development, promoting the unique built form of Surfers Paradise as a major tourist resort. There is a transition in height of buildings from unlimited in the core to low rise (two storeys) in the fringing neighbourhoods.

AS1.2 The height of buildings in each precinct does not exceed the maximums shown on Surfers Paradise LAP Map 25.3 – Maximum Building Height.

Performance Criteria (PC) 1 deals with building height and aims to ensure that a graduation in the townscape and urban character is achieved.

Acceptable Solution (AS) 1.2 relates to this PC and states that the height of buildings in each precinct does not exceed the maximum shown on Surfers Paradise LAP Map 25.3 – Maximum Building Height. The subject site is identified on this map as being within a thirty (30) storey height limit area.

The proposed development has a building height of 31 storeys. On the basis of this increased building height, an Alternative Solution demonstrating compliance with the Performance Criteria is required.

The Alternative Solution is required to comply with the requirements of Performance Criteria PC 1 which states:

A gradation in the townscape and urban character is to be achieved. In general, the height of buildings will be generous to encourage high rise development, promoting the unique built form of Surfers Paradise as a major tourist resort. There is a transition in height of buildings from unlimited in the core to low rise (two storeys) in the fringing neighbourhoods.


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The proposed building height of 31 storeys as an Alternative Solution is supported for the following reasons:

The subject site is located in an area that has a code assessable height of thirty (30) storeys. The proposed development exceeds the code assessable building height threshold by one (1) storey. As the subject site is situated within the High Rise Accommodation Precinct, high rise built form is contemplated at the subject site.

The area is characterised by a number of high rise towers of varying scale and density, ranging in height from 16 to 79 storeys. The proposed development is considered to be consistent with the emerging character and level of activity within this part of Surfers Paradise. Due to the siting and design of the built form, the additional building height will not have any adverse impact on residential amenity.

It is considered that the proposed building height will facilitate the desired graduation of building heights away from the core of Surfers Paradise toward fringing neighbourhoods to the west and south of the proposed development. The proposed development in therefore considered consistent with the Performance Criteria in this regard.

Having regard to the overall intent of the Surfers LAP and the intent for the area pursuant to the Planning Scheme, Council envisage tall buildings within the subject location. The proposed building height is appropriately located within the identified concentration of high rise development. It is consistent with the desired city image and townscape character; supports a graduation and transition of building heights and promotes the unique built form of Surfers Paradise. As such, the author considers that the proposal is consistent with the purpose of PC1. Performance Criteria 2 – Building Height

Performance criteria Acceptable solution PC2 The height of the buildings does not cause adverse impact on neighbouring sites. The development opportunities of the neighbouring sites are considered, when assessing impacts of development.

All Precincts AS2 All buildings exceeding two storeys in height have their upper storeys set back from the lot boundaries consistent with the following distances: a) a minimum of six metres from the frontage in respect of that part of the building which exceeds two storeys in height; b) for side and rear boundary setbacks, two metres for that part of the building which is above the second storey but which does not exceed 7.5 metres above that storey; or c) for side and rear boundary setbacks,

two metres plus 0.5 metres for every three metres (or part thereof) of that part of the building which is greater than 7.5 metres above the second storey.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Performance Criteria (PC) 2 gives consideration to the impact of the height of a building on neighbouring sites. When assessing the height of a building, adverse impacts of a development on neighbouring sites and the development opportunities of those sites are to be considered.

The applicant was requested to provide further information in relation to how the proposed setbacks and development design considered existing developments and future development opportunities surrounding the subject site.

The applicant provided the following commentary which demonstrates compliance with PC2:

Northern boundary – existing development

The Surfers Beachside development is a fifteen (15) storey high rise located immediately north of the subject site. A designated area of communal open space including tennis court and pool areas are located to the north east of the site and will not be impacted upon as a result of the proposed development. An area of informal lawn and landscaped garden beds provide informal recreational value at the intervening land between the subject site and southern façade of the Surfers Beachside building. Any impact on this space by the proposed development will therefore be minimal.

Eastern boundary – existing development

The site immediately to the east consists of an apartment building configured over three (3) levels (with two (2) levels of residential located above a ground level car park). The proposed development seeks to mitigate the impacts of the development on this property by providing a minimum three (3) metre building setback. In addition, fixed shutters are proposed for the balcony and terrace areas of units oriented along the eastern boundary to provide increased levels of residential amenity. The inclusion of a 1.8 metre high acoustic fence from the RL level of the pool deck has been proposed along the eastern property boundary.

It is relevant to note that the height of the proposed development up to three (3) storeys is compliant with the AS2 setback requirements of the 2003 Gold Coast Planning Scheme.

Eastern boundary – future development

The author considers the setbacks proposed appropriate in consideration of any future development located east of the subject site.

Western boundary – existing development

The western boundary building setbacks were generally consistent with AS2 of the Surfers Paradise LAP. Therefore, the applicant was not required to provide commentary in relation to the proposed development impact on the adjoining residential property located to the immediate west of the subject site.

Additional information provided by the applicant in relation to noise, privacy and visual amenity between the development’s proposed communal open space and amenity considerations relative to adjoining properties have been adequately addressed through screening, design and noise attenuation.

Given the specific attributes of the surrounding development and the siting and design of the proposed building, the author is satisfied that the height of the building and setbacks proposed will not cause adverse impact on neighbouring sites consistent with the purpose of PC2.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Performance Criteria 3 – Accommodation Density

Performance criteria Acceptable solution PC3 Accommodation density must be consistent with the high rise, high density context and the mixed use tourist character of Surfers Paradise, while respecting the varying neighbourhood character. Accordingly, medium to high density development that can be comfortably accommodated on the development site and supports mixed uses in the town centre is appropriate.

AS3 The maximum dwelling density in any precinct does not exceed the relevant accommodation density (RD8) shown for that precinct on Surfers Paradise LAP Map 25.4 – Maximum Residential Density.

Performance Criteria (PC) 3 deals with accommodation density across the Surfers Paradise LAP. The PC aims to ensure that whilst densities are intended to be high, they respect the varying neighbourhood character that make up Surfers Paradise.

Acceptable Solution (AS) 3 indicates that dwelling density in any precinct is not to exceed the relevant density shown for the particular precinct on Surfers Paradise LAP Map 25.4 – Maximum Residential Density. The density identified for Precinct 2 is RD8 which is equivalent to one bedroom per 13m² of net site area under a Code Assessable scenario. When considered over a net site area of 1,012m² this would enable 77 bedrooms to be established on the site under a Code Assessable scenario.

As the proposed development comprises residential units and 165 bedrooms, this represents a density of 1 unit per 12.4m² of net site area and 1 bedroom per 6.2m², which exceeds the nominated RD8 Code Assessable density.

On the basis of this increased residential density, an Alternative Solution demonstrating compliance with the Performance Criteria is required.

The Alternative Solution is required to comply with the requirements of Performance Criteria PC3 which states:

Accommodation density must be consistent with the high rise, high density context and the mixed use tourist character of Surfers Paradise, while respecting the varying neighbourhood character. Accordingly, medium to high density development that can be comfortably accommodated on the development site and supports mixed uses in the town centre is appropriate.

The subject site is located within the ‘High Rise Accommodation’ precinct, of the Surfers Paradise LAP. The intent for this precinct is to encourage further high rise accommodation, both for permanent and non-permanent residents in appropriate locations.

As identified earlier, the proposed development satisfied the intent of the precinct by providing further high rise accommodation in a location considered appropriate to this form of development. In doing so, it is appropriate to then consider the proposed density in the context of the high rise, high density, and mixed use tourist character anticipated for Surfers Paradise.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The amalgamation of two (2) allotments has created a unique opportunity to deliver a high density infill development in a well-established urban area without having any significant impact on surrounding sites.

The subject site is located within 170 metres of the Gold Coast Light Rail corridor and as such, allows future occupants of the development direct access to a public transport infrastructure system. Having regard to this, it is considered that the proposed development will be well serviced by existing transport infrastructure.

An assessment of the proposed development including the proposed accommodation density was undertaken by Gold Coast Water. Correspondence has determined that there is sufficient capacity in the existing water and sewer networks to accommodate the proposed development.

It can be demonstrated that the development can be feasibly established without overburdening existing infrastructure networks.

The increased accommodation density of the proposed development is considered to allow for the establishment of a residential housing product that is responsive to the changing housing needs of the City. The proposed establishment of the two (2) and three (3) bedroom units on site will provide further housing options for residents within an accessible and centralised part of the City.

Having regard to the above mentioned considerations, it is considered that the proposed accommodation density of the development will be consistent with the level of services available to the site and will not burden Council’s infrastructure network. The author is of the view that the proposed density can be accommodated on site and satisfies PC3. Performance Criteria 4 – Site Coverage

Performance criteria Acceptable solution All Precincts PC4 The site coverage of development will be in accordance with the function of the precinct and its relationship with surrounding precincts. The site coverage of all buildings must not result in a built form that is bulky and visually intrusive.

Precincts 2 and 5 AS4.2.1 The site coverage does not exceed 40%.

Performance Criteria (PC) 4 relates to site coverage and requires that the site coverage of a development is in accordance with the function of the precinct and its relationship with surrounding precincts. The site coverage must not result in a built form that is bulky and visually obtrusive.

In respect of Precinct 2, Acceptable Solution (AS) 4.2.1 nominates a site coverage of 40%. The proposed development has a total site coverage of 41.3% and is therefore non-compliant with AS4.2.1.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 On the basis of this non-compliance, an Alternative Solution demonstrating compliance with the Performance Criteria PC4 is required, which states:

The site coverage of development will be in accordance with the function of the precinct and its relationship with surrounding precincts. The site coverage of all buildings must not result in a built form that is bulky and visually intrusive.

The proposed site coverage of 418m² exceeds the stated Acceptable Solution by 14m², which is considered minimal in the context of the development.

In accordance with comments from Council’s City Architect, the proposal demonstrates high architectural quality through unique design with bold contrasting and layered patterns. The overall composition accentuates patterns in both horizontal and vertical planes, along with a distinct base, middle and rooftop that brings the overall building scale and massing down. The development maintains a slender high rise built form character that is consistent with the predominant built form within the area.

As further confirmed with comments from Council’s City Architect, the proposal is commended for presenting high quality architectural, urban and landscape design outcomes. High quality, integrated subtropical landscaping around the majority of the perimeter of the site, provides amenity to neighbouring properties and the use of a variety of high quality durable building materials, colours, finishes and textures create a unique and visually appealing composition that help soften the appearance of the development.

The proposed development also remains well setback from adjoining residential properties and does not result in any undue amenity impacts.

Despite the marginal increase in site coverage, the development’s slender appearance and high quality architectural, urban and landscape design outcomes will ensure that the resultant built form in neither bulky nor visually intrusive. Building setbacks are considered to represent an efficient use of the site in a manner consistent with the character of the local surrounds. Accordingly, it is considered the proposed site coverage of the development adequately complies with the requirements of PC4. Performance Criteria 6 – Building Setbacks

Performance criteria Acceptable solution All Other Precincts PC6 The setback of development will be in accordance with the function of the precinct. All buildings may provide for setbacks from the street frontage and the side and rear boundaries of the site which are appropriate to the efficient use of the site and the streetscape character of the precinct. The setback of all buildings must ensure that the resulting built form is not bulky and visually intrusive.

Precincts 2 and 5 AS6.1.1 All buildings or structures are sited at a minimum of six metres from the street frontage. OR AS6.1.2 The frontage setback is reduced to match the frontage setback of an adjoining existing building. AS6.2 All buildings or structures are sited at a minimum of 1.5 metres from any other boundary of a site.


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Performance criteria Acceptable solution AS6.3

Developments with frontage to The Esplanade may include openings on the ground floor to integrate the building with this frontage. In this regard, cafes, restaurants and convenience shops which are integrated with landscaped areas and pedestrian networks are exempt from minimum setback requirements.

Performance Criteria (PC) 6 relates to building setbacks for precincts of the Surfers Paradise LAP other than Precinct 1.

Acceptable Solution (AS) 6.1.1 requires buildings or structures to be sited a minimum of six (6) metres from the street frontage.

The proposal offers an alternative to the Acceptable Solution by providing the following setbacks to the Thornton Street frontage:

Ground Floor Level to Level 28 = 5.9 metres

Level 29 = 4.7 metres

Level 30 = 5.9 metres

The proposed development provides all other setbacks which are consistent with AS6.2 (buildings or structures are sited at a minimum of 1.5 metres from any other boundary of a site) and consequently, the frontage setback has been addressed only.

The proposal provides a frontage setback which is slightly less than the acceptable solution and therefore is generally in accordance with the function of the precinct. The proposal positively contributes and improves the streetscape amenity, whilst providing for an efficient use of the subject site. The proposed frontage setback is generally consistent with the setback of the development within the immediate surrounding area and broader area of Surfers Paradise. The proposal will maintain the existing Norfolk Pine trees at the subject site, maintaining a key element of the Thornton Street identity and additionally, provides for high quality landscaping to further enhance the streetscape.

Furthermore, the following comment from the Office of the City Architect describes high quality architectural and urban design outcome of the development:

The building is visually appealing and has a vibrant articulated façade that will enhance the character of the area. The proposal has a high architectural quality through a unique design with bold contrasting and layered patterns. The overall composition accentuates patterns in both horizontal and vertical planes, along with a distinct base, middle and rooftop that helps to bring the overall scale / massing down.

The design incorporates a variety of high quality durable materials, colours, finishes and textures to create a unique visually appealing composition. The rich palette of materials such as feature weathered cortex steel panels, decorative aluminium screens, sandstone cobble walls, teak battens, along with the detailing of the street frontage create a good level of fine grain detailing and human scale.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The proposed development provides an attractive built form, improvement to the streetscape character and visual amenity and consequently, provides for an overall improvement to the Surfers Paradise local area.

Overall, the front building setbacks represents an efficient use of the site in a manner consistent with the character of the surrounds. The various building elements respond to the respective streetscape character resulting in a built form that is not bulky or visually intrusive in the context of the specific character. On balance, the proposal is considered to appropriately address the intent of PC6.

Performance Criteria 29 – Plot Ratio

Performance criteria Acceptable solution PC29 The bulk of the development proposal is proportional to the character of the local area, with some bonus in floor space available where identified public benefits are provided. Precinct 2 a) the basic plot ratio is 4:1 b) no maximum plot ratio

AS29.1.1 The basic plot ratios described for each precinct in the Table to Performance Criterion PC29 is not exceeded. OR AS29.1.2 The Basic Plot Ratio is exceeded by the incorporation of bonus elements in a development consistent with the provisions of Planning Scheme Policy 18 – Using the Urban Design Bonus Provisions, provided that the Maximum Plot Ratio, described for each precinct in the Table to Performance Criterion PC29, is not exceeded.

The purpose of Performance Criteria (PC) 29 is to ensure that the bulk of the development is proportional to the character of the local area.

Acceptable Solution (AS) 29.1.1 states that the basic plot ratio is not to exceed the basic plot ratio identified for the precinct in the Table to Performance Criteria PC29. Except where in accordance with AS29.1.1, the basic plot ratio may be exceeded up to the maximum nominated, where bonus elements are provided in accordance with the provisions of Planning Scheme Policy 18 – Using the Urban Design Bonus Provisions.

Performance Criteria PC29 in relation to Precinct 2 nominates a basic plot ratio of 4:1. No maximum plot ratio applies to the site.

The proposed development has a plot ratio of 10.588:1. Accordingly, the applicant has proposed an Alternative Solution to address Performance Criteria PC29 that states:

The bulk of the development proposal is proportional to the character of the local area, with some bonus in floor space available where identified public benefits are provided.

To incorporate bonus floor space, the applicant has sought to include several design elements to achieve an exemplary architectural design. The applicant has utilised Policy 18 – ‘Using the Urban Design Bonus Provisions’ to identify potential design and architectural elements to be adopted by the proposed development to achieve an exemplary architectural design to justify the proposed plot ratio. It is acknowledged that the proposed development is not able to comply in full with Policy 18 and an Alternative Solution is proposed for assessment in regard to Performance Criteria PC34.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The following table extracted from the common material identifies those elements being offered by the applicant in relation to supporting an increase in basic plot in accordance with Planning Scheme Policy 18:

Table 1 – Floor Space Bous Summary

Policy 18 Element

Description of Outcome Bonus percentage

GFA

Site area 1,012m²

Basic Plot Ratio 4:1 (4,048m²)

3.5

Landscaping

The proposed development includes the provision of a landscaped green wall at ground floor and level 7 of the development fronting Thornton Street. The provision of green walls assist in enhancing the appearance of the overall development, particularly above street level where these types of installations typically do not occur. In total the proposed green walls have a total area of 38.22m² (2m²:1)

0.075:1

(76.44m²)

3.6

Tree Protection

The development has carefully sited the location of the entrance driveway so as to enable the retention of three (3) Norfolk Island Pine trees located along the Thornton Street frontage. The structural root zones of these trees currently extend into the application site and the inclusion of deep planting areas along the full site frontage coupled with an appropriate design response has enabled these trees to be retained. The structural root zones (SRZ) for the three tree totals 110.94m² (3m²:1).

0.328:1

(332.82m²)

3.7

Site Amalgamation

The proposed development involves the amalgamation of a parcels of land, which is less than 600m² as well as the amalgamation of a strata titled unit development.

0.3:1

(303.6m²)

Basic Bonus Elements Total 4.703:1 (4,759m²)

9.1

Urban Design - Range of Materials

A range of innovative building materials are included as part of the construction of the proposed development. Specifically, the expressive range of materials include:

> Lightweight perforated aluminium screens;

> Weathered context steel panels;

> Feature decorative aluminium screen; and

> Sandstone cobble wall 5%

9.1

Urban Design – Public Benefit

The proposal seeks to establish a high quality design that will replace and aging unit development as well as realise development potential for an under-utilised Council park that provides no tangible active or passive recreational value to the broader community. The proposal will significantly improve the streetscape environment and set a standard for future development along Thornton Street that will benefit the broader community. 2%


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Policy 18 Element

Description of Outcome Bonus percentage

GFA

Section 9 Total

7%

4,759m² x 0.07 = 333.13m²

(5,092m²)

10.1 Architectural Merit – Range of Materials and Architectural Quality

Range of Materials - The proposal incorporates a range of high quality material that will enhance the appeal of the development and ensure that an interesting and varied façade is maintained.

Architectural Quality The proposal is considered to represent a high quality architectural outcome as evidenced in TVS’s response to Council’s 15 Qualities of Good Urban Design 5%

Section 10 Total

5%

5,092m² x 0.05 = 254.6m²

(5,347m²)

Ecologically Sustainable Design

The proposal has a high level of ecological sustainability for a proposed 4 Star Green Star Rating, which warrants consideration in terms of plot ratio bonuses. A bonus of 20% is sought in regard to this aspect of the development.

> A copy of ESD report prepared by MDA Consulting Engineers confirms the ESD initiatives proposed as part of the development. 20%

5,347m²x 0.2 = 1,069.4m²

(6,416m²)

Development Total Bonus Calculation 6.33:1

(6,416m²)

Proposed Plot Ratio 10.588:1:1

(10,716m²)

The proposal was referred to Council’s City Architect for comment. Based on the following comments, the Office of the City Architect considers that the proposal demonstrates a high level of architectural and urban design merit and is an appropriate design response to the location:

Architecture / Urban Design Assessment Advice The proposal presents a high quality architectural and urban design outcome.

• The building is visually appealing and has a vibrant articulated façade that will enhance the character of the area. The proposal has a high architectural quality through a unique design with bold contrasting and layered patterns. The overall composition accentuates patterns in both horizontal and vertical planes, along with a distinct base, middle and rooftop that helps to bring the overall scale / massing down.

• The design incorporates a variety of high quality durable materials, colours, finishes and textures to create a unique visually appealing composition. The rich palette of materials such as feature weathered cortex steel panels, decorative aluminium screens, sandstone cobble walls, teak battens, along with the detailing of the street frontage create a good level of fine grain detailing and human scale.


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• The proposal successfully incorporates a large number of best practice urban design principles outlined under the 15 Qualities of good urban places. These elements include human scale and richness in the spatial planning and in the high level of building articulation and detailing, high quality refined edges, urban greenspace, human needs have been provided in solar screening and high amenity of liveable spaces, community enhancement through the artistic sculptural quality of the tower.

• The proposal is commended for incorporating high quality integrated landscape around the majority of the perimeter of the site, providing amenity to neighbouring properties. Although the north and east landscape buffers are approximately 1m wide, they are enhanced by large tree planting and green trellis walls that will help to soften the scale of the development.

• The proposal includes an ESD Report prepared by a qualified ESD consultant confirming the design can achieve a 4 star Green Star Rating. The proposal is commended for incorporating a number of sustainability measures.

Further to the assessment of the above mentioned proposed public benefits against Policy 18, further assessment was undertaken in order to understand the extent of disparity between the proposed public benefits and proposed plot ratio. The difference in plot ratio between the proposed public benefit (6.33:1) and the proposed plot ratio (10.588:1) is 4.228:1. Whilst the Policy 18 assessment was undertaken as part of a merits-based assessment pursuant to Performance Criteria PC29 of the Surfers Paradise LAP, it is evident that a shortfall of 4.228:1 (over 40%) of plot ratio exists and is considered to require further justification to demonstrate sufficient public benefit.

Whilst it is acknowledged that the proposal presents a high quality architectural outcome, the applicant was requested to provide further detail in relation to how the proposed development satisfies PC29 of the Surfers Paradise LAP Place Code in relation to plot ratio. The applicant was requested to identify what public benefits would be provided in addition to what was originally proposed in the Applicant’s Town Planning Report.

In light of the comments raised by submitters and the shortfall of public benefits outlined in the Applicant’s Response to Information Request, a proposed contribution of $75,000 towards Urban Improvements for additional plot ratio has been sought. The proposed contribution toward Urban Improvements was tabled with the Local Councillor for Division 7 who supported that the contribution be directed toward the provision of improvements to the pedestrian/bicycle lanes over the Isle of Capri Bridge. Conditions are included in the Officer recommendation relating to the delivery of bonus elements.

Based on the above mentioned comments, the author is of the view that the development design is appropriate to the emerging character of the local area consistent with the purpose of PC29. The local area includes a number of existing and recently approved high rise towers of substantial size. The proposal is generally consistent with the existing and proposed development of the local area.

Therefore, subject to the inclusion of the Urban Improvements benefit item outlined above, the author considers the granting of a bonus in floor space to facilitate the proposal to be acceptable. 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


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The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows: Performance Criteria 1 – Setbacks

Performance criteria Acceptable solution 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. AS1.2 The building is in excess of 65 metres in height, and is set back six metres plus an additional one metre for every three metres of building height in excess of 65 metres.

Performance Criteria (PC) 1 relates to the building setback controls for the tower form.

Acceptable Solution (AS) 1.1 requires buildings or structures to be sited a minimum of six (6) metres from the street frontage. AS1.1 (a to c) also requests the following site and rear boundary setbacks:

• Ground Level to 4.5 metres (above ground level) = 1.5 metres

• 4.5 metres to 7.5 metres above ground level = 2 metres

• 7.5 metres to 10.5 metres above ground level = 2.5 metres

• 10.5 metres to 13.5 meters above ground level = 3 metres

∴ plus 0.5 metres for every three (3) metres that is more than 7.5 metres above ground level

The following table provides the setbacks of the proposed development compared to the setback requirements of AS1.1:


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Table 2 – Proposed setbacks

Level Southern (Front)

AS1.1 Northern (Rear)

AS1.1 Eastern (Side)

AS1.1 Western (Side)

AS1.1

Ground and Mezzanine

5.9m 6m 5.8m 1.5m 4.4m 1.5m 2.423m 1.5m

Levels 2 - 6

5.9m 5.8m Ranging from 2m (at Level 2) to 4m (at Level 6)

3m Ranging from 2m (Level 2) to 4m (Level 6

5.1m Ranging from 2m (Level 2) to 4m (Level 6

Level 7 5.9m 5.8m 4.5m 4.4m 4.5m 5.1m 4.5m Levels 8 - 14

5.9m 5.8m Ranging from 5m (at Level 8) to 8m (Level 14)

4.4m Ranging from 5m (Level 8) to 8m (Level 14)

5.1m Ranging from 5m (Level 8) to 8m (Level 14)

Levels 15 - 28

5.9m 5.8m Ranging from 8.5m (Level 15) to 15m (Level 28)

4.4m Ranging from 8.5m (Level 15) to 15m (Level 28)

5.1m Ranging from 8.5m (Level 15) to 15m (Level 28)

Level 29 4.7m 5.8m 15.5m 3m 15.5m 6.825m 15.5m Level 30 5.9m 5.8m 16m 3m 16m 5.1m 16m

As identified above, the proposed development offers an Alternative Solution in terms of the frontage setback, the rear setback (from level 10 to 30), the eastern boundary setback (from level 5 to 30) and the western boundary (from Level 9 to 30).

Additionally, AS1.2 requires a building is in excess of 65 metres in height, is set back six (6) metres plus an additional one (1) metre for every three (3) metres of building height in excess of 65 metres. The proposed development has a total building height of 93 metres and based on AS1.2, the proposed building up to Level 22 is to be setback six (6) meters and one (1) metre for every three (3) metres in excess of Level 22. Based on the development setbacks proposed above, an Alternative Solution to AS1.2 has also been provided.

The following section provides the Alternative Solution in achieving the performance criterion. It is noted that building setbacks have also been discussed within the assessment of the Surfers Paradise LAP (PC6) and therefore the following discussion provides a further justification of the preceding author’s comment.

The proposal provides for a built form which represents an efficient use of the subject site and is consistent with the surrounding character. The proposal positively contributes and improves the streetscape amenity by providing a high quality architectural and urban design outcome as identified in the Office of the City Architect comments.


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The proposed setbacks, as a result of the proposed built form, are generally consistent with the setbacks of the development within the immediate high rise area and broader area of Surfers Paradise. The proposal will maintain the existing mature vegetation at the subject site, maintaining a key element of the Thornton Street identity and additionally, provides for high quality landscaping to further enhance the streetscape. The design and structure of the development enables existing and future buildings to be well separated from each other to allow light penetration, air circulation and privacy.

Overall, the building setbacks represent an efficient use of the site in a manner consistent with the character of Surfers Paradise. The various building elements respond to the respective streetscape character resulting in a built form that is not bulky or visually intrusive in the context of the specific character. The proposal also allows for sufficient separation from existing and future built form, as well as the Thornton Street road frontage. On this basis the proposal is considered to appropriately address the intent of PC1. Performance Criteria 22 – Communal Open Space

Performance criteria Acceptable solution 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 AS22.2 The development includes an open space area of at least 50% of the total open space requirement in one parcel and this parcel, has a maximum length to breadth ratio of 2.5:1.

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.

Acceptable Solutions (AS) 22.1 and 22.2 offer ways of achieving the purpose of PC22.

The applicant has proposed an Alternative Solution to address Performance Criteria PC22.

The Alternative Solution is required to comply with the requirements of Performance Criteria PC22 which states:


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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.

In accordance with the rates stated in AS22.1, the proposal is required to provide 1,873m² of communal open space. The proposed development has provided a total of 788m² of communal open space and recreational facilities located at ground level and at the level 7 recreation area.

Recreational opportunities have been provided for in the form of a communal pool, spa, courtyard, two (2) outdoor terrace areas, function room, residents lounge, sauna and gym.

The proposed development provides expansive private open space (balcony) areas for residents.

Communal areas includes both hard and soft landscape elements that contribute to highly functional and useable space.

Further opportunities for recreation and social interaction are considered to exist on the basis that end users will be able to utilise the Surfers Paradise foreshore and various lifestyle activities occurring within walking distance of the subject site.

In accordance with the comments provided by Council’s City Architect, the proposed development is considered to provide a variety of passive and active communal recreational opportunities providing high amenity recreational and social settings for residents and guests. As identified within the Statement of Landscape Intent submitted with the application material, the proposed development can readily cater for the required number of persons for the communal space areas.

Having regard to the above assessment, it has been demonstrated that the proposed landscape and recreation areas contained within the development provide adequate and useable recreational space required to service the needs of the future residents of the development. 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 Car Parking, Access and Transport Integration.

Car Parking, Access and Transport Integration Constraint Code Refer to Section 11 for discussion of the development compliance with this constraint code.

8 STATE PLANNING POLICIES The State Planning Policy (the SPP) became effective on 2 December 2013 (amended on July 2014) to simplify and clarify matters of state interest in land use planning and development. The SPP is a broad and comprehensive statutory planning instrument, which enables development, protects our natural environment and allows communities to grow and prosper.

The SPP development assessment requirements that are relevant to the assessment of this development application have been reviewed and determined that the development is consistent with the provisions of the SPP


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 9 STATE PLANNING REGULATORY PROVISIONS The State Planning Regulatory Provisions - Adopted Infrastructure Charges Resolution are applicable to the proposed development. The infrastructure charges levied to the proposed development are outlined in the Development Infrastructure below.

10 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan 2009 – 2031 (the SEQ Regional Plan) provides the framework on which to manage growth, change, land use and development in the SEQ region up to 2031. The SEQ Regional Plan identifies land into three land use categories, being Regional Landscape and Rural Production Area, Urban Foot Print and the Rural Living Area.

The subject site is located within the ‘Urban Footprint’ regional land use category. The ‘Urban Footprint’ identifies land which can meet the SEQ regions urban development needs by 2031, in a more controlled and compact form.

Additionally, the subject site is located within Surfers Paradise which is identified as one of seven Major Regional Activity Centres on the Gold Coast under the SEQ Regional Plan. This particular regional centre is intended to complement principle regional activity centres by servicing catchments of sub-regional significance and accommodating key employment concentrations.

It has been determined that the proposed development will not compromise the intent and as such complies with the South-East Queensland Regional Plan 2009-2031.

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 8 February 2016.

List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

Environmental Health Approvals and Licencing

Hydraulics and Water Quality

Arborist

Landscape Assessment

Geotechnical Engineering

Plumbing and Drainage

Environmental Assessment

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

11.1 Health and Regulatory Services Health and Regulatory Services addressed the aspects of the proposal relating to advertising devices at the subject site.

The Health and Regulatory Services have advised that the no advertising device is to be placed on the premises without the necessary approval under Council’s Local Laws.


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11.2 Transport Assessment In addition to the assessment of the alternative acceptable solutions offered by the applicant in respect of car parking, Transport Impact Assessment also considered the impacts of the proposal on the existing road network. Transport Assessment is responsible for assessing the proposed development against the Car Parking, Access and Transport Integration Constraint Code.

The following comments were provided:

• Compliance with AO1 is achieved and exceeded. • MRV (removalist truck) access will be infrequent and will not cause significant

impact to the road network. • The number of resident bicycle parking spaces is short by 28 and visitors by

13. The shortfall of resident bikes is more of an issue because to comply with PO10 of the Transport Code, Transport Assessment have conditioned a minimum of 81 resident bike spaces through the use of multi-tier racks within the proposed bike store areas and 8 visitor bike spaces. This will be addressed through amended plans and the bicycle parking condition.

• The Thornton Garfield Terrace intersection may need to be signalised at some point in the future, however due to the developments low traffic generation, it would not be reasonable of Transport Assessment to impose a condition of approval requiring traffic signals on this developer.

• Refuse Collection bins will be transported by building management to the temporary storage area near the site frontage and serviced from Thornton Street.

Transport Assessment have assessed the proposed development against the abovementioned Car Parking, Access and Transport Integration Constraint Code and consider the development to satisfy the code. Conditions of approval have been recommended.

11.3 Subdivision Engineering Subdivision Engineering has recommended conditions relating to the installation of telecommunications infrastructure at the subject site.

11.4 Open Space Assessment Open Space Assessment has recommended the inclusion of conditions relating to the tree assessment and tree management of the Norfolk Pines during construction. Open Space Assessment does not support any further landscaping to the verge and supports the retention of the existing street trees which will be managed by the City Arborists. 11.5 Architect Comments from the Office of the City Architect are as follows:

• The building is visually appealing and has a vibrant articulated façade that will enhance the character of the area. The proposal has a high architectural quality through a unique design with bold contrasting and layered patterns. The overall composition accentuates patterns in both horizontal and vertical planes, along with a distinct base, middle and rooftop that helps to bring the overall scale / massing down.

• The design incorporates a variety of high quality durable materials, colours, finishes and textures to create a unique visually appealing composition. The rich


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palette of materials such as feature weathered cortex steel panels, decorative aluminium screens, sandstone cobble walls, teak battens, along with the detailing of the street frontage create a good level of fine grain detailing and human scale.

• The development incorporates 4 levels of basement car parking that is accessible from Thornton Street, and retains the majority of the ground floor for apartment facilities with covered awnings and activated frontage that provides amenity, engages with the street and provides passive surveillance.

• The development acknowledges its important location as a Transit Oriented Development and provides appropriate human scale and amenity at the ground level. The design promotes a safe, walkable community.

• The development incorporates subtropical design in the solar shading and screening of windows on the north, east and west habitable spaces that increase the liveability and amenity to residents.

• The proposal successfully incorporates a large number of best practice urban design principles outlined under the 15 Qualities of good urban places. These elements include human scale and richness in the spatial planning and in the high level of building articulation and detailing, high quality refined edges, urban greenspace, human needs have been provided in solar screening and high amenity of liveable spaces, community enhancement through the artistic sculptural quality of the tower.

• The development has a diversity of housing types that caters for both permanent residents and short term visitors, with a range of apartment sizes which will appropriately service the Surfers Paradise tourism and entertainment industry.

• The communal recreation facilities located on the ground floor and level 7 provides a variety of passive and active spaces with high amenity for residents.

• The proposal is commended for incorporating high quality integrated landscape around the majority of the perimeter of the site, providing amenity to neighbouring properties. Although the north and east landscape buffers are approximately 1m wide, they are enhanced by large tree planting and green trellis walls that will help to soften the scale of the development.

• The development incorporates centralised and screened air conditioning service areas on every floor on the western side of the tower. The design commendably screens all plant equipment from view and incorporates the screening as part of the integrated architectural façade.

The proposal includes an ESD Report prepared by a qualified ESD consultant confirming the design can achieve a 4 star Green Star Rating. The proposal is commended for incorporating a number of sustainability measures.

The City Architect’s Office has reviewed the plans/drawings submitted by the applicant and supports this application.

11.6 Gold Coast Water Gold Coast Water undertook an assessment of the city’s water and sewer networks to determine if sufficient capacity exists to accommodate the proposal. Gold Coast Water found that the sewer capacity assessment compiled is accepted. Connection to be made to existing sewer main connection point in the basement at 10 Vista Street. Based on their assessment, Gold Coast Water recommended approval of the application subject to the imposition of conditions requiring upgrades to Council’s water and sewer networks.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 11.7 Plumbing and Drainage Plumbing and Drainage has recommended conditions relating to the making of applications for compliance permits for sewerage works, water supply plumbing work and fire services plumbing work.

The conditions as recommended have been included in the officer’s recommendation.

11.8 Environmental Assessment The deep excavation required for the basement may result in the occurrence of acid sulfate soils. Environmental Assessment has provided conditions relating to the carrying out of acid sulfate soil investigations and preparation of management plans if required.

The conditions as recommended have been included in the officer’s recommendation.

11.9 Environmental Health Approvals and Licencing Environmental Health Approvals has addressed the aspects of the proposal relating to acoustic and waste management.

The Environmental Health Approvals have advised that the acoustic management report has generally demonstrated that compliance is achievable and conditions have been provided for the submission of an acoustic report prior to building approval. Environmental Health Approvals has advised that the submitted waste management reports is acceptable.

Conditions have been included in the officer recommendation requiring the development to be designed, constructed and operated in accordance with the approved management plans.

11.10 Hydraulics and Water Quality Council’s hydraulic and Water Quality section generally supports the development subject to the compliance with the hydraulics and water quality conditions recommended. 11.11 Arborist Council’s Arboricultural officers have identified three (3) protected size vegetation on site (Norfolk pines). Conditions have been provided which ensure the protection and that the vegetation is not damaged during construction works as detailed within the report

11.12 Landscape Assessment Conditions are included in the officer recommendation that require detailed landscape plans to be submitted for operational works approval. The plans are to be generally in accordance with the approved statement of landscape intent submitted with the application.

11.13 Geotechnical Engineering Construction of the four level basement will require deep excavation extending up to the property boundaries. This has the potential to destabilise or damage the adjoining road reserve unless an adequate retention system is designed and installed. Conditions are proposed that require the preparation of a basement excavation stability report for compliance assessment.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 12 EXTERNAL REFERRALS 12.1 Concurrence agencies Schedule 7 of the Sustainable Planning Regulation 2009, regulates when applications are referrable and to what extent, in particular whether the referral agency has advice or concurrence jurisdiction.

Schedule 7 has been reviewed and the development application did not require referral Department of Infrastructure, Local Government and Planning as a concurrence agency.

12.2 Advice agencies Not Applicable

13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges have been calculated in accordance with Council’s Adopted Infrastructure Charges regime.

The following charge calculation is an extract from Council’s Infrastructure Charge Notice prepared on 4 July 2016 for the proposed development.

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 public notification, five (5) properly made submissions and one (1) not properly made submission were received. All submissions objected to elements of the application.


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The main points of objection are listed, followed by the Officer’s comment.

Point of objection Officer’s comment Building Setbacks ‘development is proposed to be built almost right up to the boundary line with my property [adjoining eastern site]. This development does not have a land buffer to existing properties.’

The submission points tabled regarding the proposed building setbacks, were considered valid grounds. Council requested additional information in relation to the interface with adjoining sites within the Information Request. Having regard to the interface with the existing adjoining property, the proposed setback is greater than the existing building at the subject site and associated amenity considerations with respect to privacy treatment are a superior outcome.

The tower component of the proposal has been sited generally central to the site, in an effort to maintain an adequate separation distance from the existing residential land uses surrounding the site.

The proposed development seeks to mitigate the impacts of the existing building to the east by providing a minimum 3 metre building setback. In addition, fixed shutters are proposed to the balcony any terrace areas of units oriented along the eastern boundary so as to provide increased levels of residential amenity. Importantly, the height of the proposed development up to 3 storeys is compliant with the relevant setback requirements required under the 2003 Gold Coast Planning Scheme and the City Plan 2015.

The proposed setback of the tower from the eastern side boundary is considered to result in the tower maintaining an adequate separation distance to the adjoining development. The subject site along with those of the adjoining allotments are located in Precinct 2 – High Rise Accommodation of the Surfers Paradise LAP. The intent of this Precinct is to provide medium to high density permanent residential land uses with some provision of low impact retail/commercial uses. Having regard to this, it is envisaged by the Planning Scheme that the subject site would at some stage accommodate a high rise development. Given the proximity of the site and surrounding area to urban services, infrastructure and facilities, it is anticipated that the future redevelopment of the area in accordance with the intent of Precinct 2 will occur as demand for additional residential density in accessible localities increases. As discussed within earlier sections of the report relating to the proposed building setbacks and shadowing, the proposed development has been


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positioned on site having due consideration of the existing residential development located on the surrounding sites.

In conclusion, the author’s assessment has determined that the overall development will adequately comply with requirements of Performance Criteria relating to Building Setbacks. It is therefore determined that the grounds presented within the objection do not warrant refusal of the application.

Parking and Traffic Congestion ‘the entry and exit points of the proposed development and additional visitor parking will take away more street parking spaces.‘ ‘visitor parking spaces are underneath the building, so no tradespersons’ vehicles with ladders or high equipment will be able to use them’ ‘[the development] will generate a much larger amount of traffic than the traffic study currently considered.’ ‘There are no Public Parking areas in the immediate vicinity. Insufficient provision has been made for Commercial Vehicles & Removalists loading & unloading.’

There are two existing crossovers and the proposal reduces the cross over to one. The proposed driveway will not reduce on-street car parking. A condition of this application has been provided by Transport Assessment which ensures that the proposed intercom system must link to each of the dwellings to provide access for visitors to the site. Acceptable Solution AS33.1 of the Surfers Paradise LAP prescribes that a total of 113 car parking spaces are required. The development has proposed to provide a total of 93 car parking spaces which is an alternative solution to address Performance Criteria PC33 of the subject code. An assessment of the number of the number of car parking spaces provided has been undertaken by Council’s Transport Assessment section. The assessment undertaken by Transport Assessment included consideration of car parking rates prescribed under the City Plan 2015 as well as the site’s proximity to the Light Rail Station. It was determined that the proposed provision of 93 spaces was in excess of that prescribed by the City Plan 2015 – being 90 spaces. In this regard, the conditions provided from this section recommend the minimum provision of car parking spaces in accordance with rates accepted through the Transport’s assessment of the proposal. It is noted that the plans submitted illustrate a greater amount car parking spaces provided than that conditioned. The assessment undertaken by Officers concluded that given the locational characteristics of the site, mixture of accommodation type, the proposed provision of car parking would adequately comply with PC33 of the Surfers Paradise LAP. The submitted Traffic impact and car parking analysis report was reviewed by Council’s Transport Assessment section. Correspondence with this section established that the development demonstrated an acceptable outcome having regard to the low traffic


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generation of the proposal. In relation to loading and unloading of vehicles, Transport Assessment have advised that Medium Rigid Vehicle (MRV) access will be infrequent and will not cause significant impact to the road network.

It is therefore determined that the grounds presented within the objection do not warrant refusal of the application.

Impacts on amenity ‘The proposed development will impact on the privacy of residents in “Acapulco” as there is very little spatial separation between the two buildings.’ ‘Even though there is some provision for retaining the pines, what guarantees are there, that once the excavation of 4 levels of parking are completed, that these pines will in fact survive?’ ‘the level 7 recreation area is situated directly opposite [a unit at the adjoining site to the east] and [has] issues relating to noise, cigarette smoke and the by-products of outdoor cooking, the quality of living [adjoining eastern site] will be severely compromised.

To address the development’s impacts on the amenity of the surrounding land uses, the applicant submitted technical reports and plans. These reports and plans detailed the development’s response to issues such as noise, traffic impact and parking, visual amenity and privacy. The subject reports and information was referred to the relevant Internal Referral Assessment Officers within Council. A detailed assessment of these reports occurred. The following has been concluded from the Internal Referral assessment correspondence: Privacy An analysis of the submitted architectural plans and existing development has occurred to the address the potential privacy impacts on subject existing building. The Tower component of the development maintains a considerable tower separation of approximately 33 metres to the Acapulco Building. Having regard to the orientation of the existing subject building in a predominately north-east view, away from the subject site, the proposed positioning of the tower from the Thornton Street frontage is not expected to compromise the privacy considerations of the subject building. Retention of Norfolk Pines There are conditions to be imposed which require the existing Norfolk Pines to be retained and be managed during construction by a suitably qualified arborist. The retention of the tree can therefore be maintained. Level 7 Recreation Area – Noise and Emissions The submitter considered that the proposed Level 7 communal area would be directly opposite their unit. Reference is made to the architectural drawings and the RL level of the adjoining two storey units to the east. The height of the proposed Level 7 communal area is RL27.53 and the top of the eaves at the existing two storey units to the east of the site is RL14.34 and the difference in height between the two is RL13.19. It is therefore considered that the amenity of the existing site to the east and the proposed Level 7 area will not adversely impacted by the proposal in this regard.


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In general, any neighbourhood disturbance through excessive noise nuisances caused by the residential activity is a matter which will be firstly be managed by the body corporate management for the development. Where this proves ineffective the issue will become a civil matter under the jurisdiction of the Queensland Police Service. To consider the noise generated through the residential activity the applicant has provided an acoustic report. The acoustic report specifically details the acoustic attenuation measures to be incorporated within the development to ensure minimal amenity impacts on the surrounding residential land uses. Visual amenity – The subject application was supported by architectural plans inclusive of photomontages and perspective views. An assessment of the proposed architectural design in context of the local area was undertaken by the author and the City Architect. This assessment has determined that the overall development will allow for the enhancement of the existing character of the precinct and result in the further urban renewal of this area. The architectural design and configuration of the development is considered to achieve an acceptable urban design outcome, create an interesting streetscape and visual amenity given the site’s orientation and location. The apartment units have been oriented in a north, south and east direction and privacy screening and compliant setbacks are provided at the eastern elevation. The configuration and active and passive privacy measures are considered to limit overlooking opportunities and thereby account for the existing privacy considerations of adjoining residential developments. Based on the assessment of the proposed development as illustrated on the submitted plans and within the various specialist reports, it is determined that the grounds presented within the objection do not warrant refusal of the application.

Plot Ratio ‘the bonus system used in relation to how the proposed development satisfies PC29 of the Surfers Paradise Local Area Plan Place Code relating to Plot Ratio, is weak and unconvincing’ ‘in comparison to the surrounding buildings, this

The proposed plot ratio of 10.558:1 is greater than the basic plot ratio of 4:1. However, given the proximity of the site and surrounding area to urban services, infrastructure and facilities, it is anticipated that the future redevelopment of the area featuring high rise residential development will occur as demand for additional residential density in accessible localities increases. It was considered that proposed development has been designed to achieve a high architectural standard given its location within the Precinct 2 – High Rise


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 development is just too high, with too many units for such a small block of land.’

Accommodation of the Surfers Paradise LAP. Furthermore, the built form was not considered to be bulky or visually intrusive. Council’s City Architect, has confirmed that the building is visually appealing and has a vibrant articulated façade that will enhance the character of the area. Furthermore, the Applicant has provided a range of public benefits as outlined within the assessment against PC29 of the Surfers Paradise LAP above. It is therefore determined that the grounds presented within the objection do not warrant refusal of the application.

Shadow and Light ‘the shadow diagrams have minimised the effect that the overshadowing will have on our building [“Acapulco”], particularly in the afternoon in Winter when the sun is in the Northern sky.’ ‘the shadow it will cast will be significant. From the plans it shows my property [adjoining site to the east] will lose light from very early afternoon and stay in shadow for the remainder of the day.’

The proposed Apartment tower has been sited in an effort to reasonably accommodate the shadow envelope of the development upon the surrounding sites. The shadow diagrams provided by the architect comply with Acceptable Solutions AS18 and AS19 of the High Rise Residential and Tourist Accommodation Specific Development Code. Pursuant to the Shadow Provisions within the Code, the shadow cast does not intrude onto any other site – the AS19 shadow diagrams demonstrate that shadow is cast on Thornton Street road reserve and the carriageway only. The designed length to breadth ratio of the tower is considered to assist in the overall movement of the shadow thereby reasonably minimising the period of time the shadow is cast over adjoining developments. Notwithstanding this, a form of development of the site undertaken in accordance with the Intent of the precinct (i.e. high rise, medium to high density residential developments) would result in a shadow being cast of over adjoining allotments during different periods of the day. It is therefore considered that the all reasonable steps have been taken into consideration by the proposal to accommodate the shadowing impacts cast by the development. The author’s assessment has concluded that the proposed development adequately complied with the requirements of Performance Criteria AS18 and AS19 of the High Rise Residential and Tourist Accommodation Specific Development Code relating to the Shadow. It is therefore determined that the grounds presented within the objection do not warrant refusal of the application.

Ground stability

The impacts of the proposed basement on the ground stability and consideration of dewatering impacts have been preliminarily considered with the Geotechnical


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Dewatering impacts – loss of water table undermining of adjacent structures/roads.

Assessment and Basement Construction Letter which confirm that geotechnical and basement excavation can be adequately managed. The detailed reporting in relation to this matters will be subject to a more detailed assessment undertaken in response to conditions of the Material Change of Use will be recommended. The applicant has been conditioned to submit for assessment and approval by Council, a Basement excavation stability assessment report and a Dewatering Management Plan. Both these plans will require approval by Council prior to building works commencing on site. Both these documents will be assessed in accordance with Council’s prescribed standards and regulations to ensure minimal impacts are caused external to the development site. It is therefore determined that the grounds presented within the objection do not warrant refusal of the application.

Infrastructure capacity ‘impact on infrastructure for sewer and water’

The applicant prepared a sewer and water capacity report and the report demonstrated that the proposed development can be suitably serviced with all engineering services described and supports the type and scale and development that is proposed.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not applicable.

16 CONCLUSION The development application is seeking a Development Permit for a Material Change of Use for Apartments at the subject site.

An assessment of the common material concludes that the establishment of the proposed development is consistent with the intent of the Precinct 2 – Highrise Accommodation Precinct of the Surfers Paradise Local Area plan. Council’s assessment of the subject application has determined that the proposed Alternative Solutions comply with the various Performance Criteria of the Planning Scheme Codes.

In response to public notification, five (5) properly made submissions and one (1) not properly made submission was received. All submissions objected to elements of the application.

The submissions have been reviewed and it has been determined that the points raised do not represent grounds to refuse the application.

Based on the assessment of the application against relevant state planning provisions, the Planning Scheme and having regard to any lawful approvals for the site and adjacent premises, it is recommended that the application should be supported subject to the imposition of suitable conditions herein included.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 17 NOTIFICATIONS

STANDARD 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.

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.

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

Real property description Lot 0 on BUP1344 , Lot 1 on BUP1344 , Lot 2 on BUP1344 , Lot 3 on BUP1344 , Lot 4 on BUP1344 , Lot 5 on BUP1344 , Lot 6 on BUP1344 , Lot 161 on RP21845

Address of property 9 to 11 Thornton Street Surfers Paradise Area of property 1,012m2 Decision type Development Permit for a Material Change of Use for

Apartment Further development permits Carrying out building work, operational work Further compliance permits Sewerage works, water supply plumbing work, fire

services plumbing work Compliance assessment required for documents or works

Acid sulphate soils management plan, Basement excavation stability assessment report, Dewatering management plan, Acoustic report, Detailed Landscape Plan for operation work (landscape work), Construction Management plan


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 A Council approves the issue of a Development Permit for a Material Change of Use

for an Apartment building (31 storeys) subject to the following conditions: APPROVED DRAWINGS

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

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

Plan No. Rev.

Title Date Prepared by

5500.1.05 2 Basement L4 Floor Plan 24 March 2016 TVS Architects 5500.1.06 2 Basement L2 – L3 Floor Plan 24 March 2016 TVS Architects 5500.1.07 2 Basement L1 Floor Plan 24 March 2016 TVS Architects 5500.1.08 2 Ground Floor Plan 24 March 2016 TVS Architects 5500.1.09 1 Level 1 Mezzanines Floor Plan 24 March 2016 TVS Architects 5500.1.10 1 Level 2 – 6 Floor Plan 24 March 2016 TVS Architects 5500.1.11 1 Level 7 Rec Floor Plan 24 March 2016 TVS Architects 5500.1.12 1 Level 8 – 14 Typical Floor Plan 24 March 2016 TVS Architects 5500.1.13 1 Level 15 – 28 Typical Floor

Plan 24 March 2016 TVS Architects

5500.1.14 1 Level 29 Floor Plan 24 March 2016 TVS Architects 5500.1.15 1 Level 30 Floor Plan 24 March 2016 TVS Architects 5500.1.16 1 Roof Plan 24 March 2016 TVS Architects 5500.1.17 1 Typical Unit Plans 24 March 2016 TVS Architects 5500.1.18 1 Typical Unit Plans 24 March 2016 TVS Architects 5500.1.19 1 Typical Unit Plans 24 March 2016 TVS Architects 5500.1.20 1 Elevations Overall 24 March 2016 TVS Architects 5500.1.21 1 Elevations Overall 24 March 2016 TVS Architects 5500.1.22 2 Detailed Elevations 24 March 2016 TVS Architects 5500.1.23 2 Detailed Elevations 24 March 2016 TVS Architects 5500.1.24 1 Building Sections 24 March 2016 TVS Architects 5500.1.25 2 Building Sections 24 March 2016 TVS Architects 5500.1.26 1 Building Mass 24 March 2016 TVS Architects 5500.1.27 1 Building Mass 24 March 2016 TVS Architects 5500.1.38.1 - Bike Parking Plans (amended

in red) 22 June 2016 TVS Architects

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

Timing At all times.


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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.

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.


5 Lots to be amalgamated Lot 161 on RP21845, Lots 0 - 6 on BUP1344 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.

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.


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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.

WORKS - COMPLIANCE 7 Certification of compliance

All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years' experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

Timing The applicant must submit the certification prior to the earliest of compliance assessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use.

ADVERTISING DEVICES 8 Advertising device approval required

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


CAR PARKING AND ACCESS 9 Off street facilities for car parking

Off-street car parking facilities must be designed, a constructed and maintained in accordance with AS2890.1-2004 Parking, Facilities Part 1: Off Street Car Parking. Off-street facilities for car parking must only be used b for vehicle parking associated with the approved uses. A minimum combined total of 90 off-street car parking c spaces must be provided for on-site, where at least 81 spaces are provided for residents and 9 spaces for visitors. 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.

10 Off street signs line marking and devices In addition to signs and line marking required by AS2890.1, the following must be installed and maintained:

Signs and line marking to identify persons with a disabilities parking (AS2890.6).



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Accessible visitor car parking 11 All visitor car parking must be accessible, not subject a to regulations or restrictions, to bona fide visitors for the duration of any visit to the site. An intercom system must be installed and maintained, b linking each of the dwellings with the security gate to provide access for visitors to the site. The intercom box must be set back a sufficient distance from the property boundary so that a vehicle using the intercom will be entirely within the site. Visitor car parking must be clearly identifiable through c the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained.


Bicycle parking 12 Bicycle parking must be designed, constructed and a maintained on-site, in accordance with AS2890.3-2015 Parking Facilities Part 3: Bicycle Parking. Off street bicycle parking must only be used for b bicycle parking. Provide a minimum of 81 Class 2 bicycle parking c spaces for residents in a secure arrangement that requires access by users with a key or security device. Provide 8 Class 3 bicycle parking spaces for visitors d located at ground level in a visible line of site to the developments main pedestrian entry. The bicycle parking spaces are to: e

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 vii lighting; and Be protected from the weather. viii


VEHICULAR CROSSINGS AND DRIVEWAYS Sight lines to pedestrians 13 The entrance to the ground floor must maintain the clear sight lines shown in Figure 3.3 (minimum sight lines for pedestrian safety) of AS2890.1-2004 Parking Facilities Part 1: Off street car parking.



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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 FOOTPATHS AND BIKEWAYS

Footpaths 14 The applicant must design and construct concrete a footpaths as follows: i Minimum 2m wide path along the full frontage of

the site to Thornton Street. ii Minimum 1.2m wide path linking the site’s

pedestrian entry to the new path on the verge of Thornton Street.

The applicant must apply for and obtain a b development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath. Approval of plans, which show the location of the footpath, 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.

PLUMBING AND DRAINAGE 15 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:

be accompanied by a hydraulic design for all a sewerage 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 Solid Waste Management c Guideline for New Developments (2011).

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.


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 16 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:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 5.2 of Council’s City Plan Policy. b

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.

17 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.


HEALTH AND REGULATORY SERVICES

18 Acoustic report An acoustic report must be submitted and approved by Council. The report shall include: a The expected impact of noise from the development

on the nearest noise-sensitive receptors. 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 (i.e. car park noise, people noise, mechanical plant and equipment etc) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines; and

c The required control measures to achieve compliance with the applicable criteria and standards.

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


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The development must be designed and constructed in accordance with the recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

19 Hours of operation Use of the external recreation (i.e. pool) area is restricted to between 7:00am and 10:00pm only.


20 Driveway and carpark surfaces Driveway and carpark areas are to be finished with surface coatings that prevent tyre sequel (an uncoated surface is acceptable); Drainage grating placed over trafficable areas is to be well secured to prevent rattling.


WASTE 21 Waste Management Plan

The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes.


22 Waste chute – design and construction The waste chute must be located in accordance with ‘Basement L1 Floor Plan’ prepared by ‘TVS Architects’ dated 24/03/2016 (Reference No. 5500.1.07.2), and be designed and constructed in accordance with the following requirements:

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 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 National Construction Code – 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 Fitted with a shutter at the base of the chute for f

Timing Prior to the commencement of the use


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closing off the chute manually during bin exchange and automatically in the case of fire

23 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 following requirements:

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 constructed of e a durable impervious material with a smooth finished surface


24 Waste storage room – design and construction The waste storage room must be located in accordance with Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2), and be designed and constructed in accordance with the following requirements:

Fire rated and ventilated in accordance with the a ‘National Construction Code – Building Code of Australia’ Insect and vermin proof b 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 Graded floor to fall to a drainage point/s, connected to e 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 A hose cock must be provided immediately outside i the room for cleaning bins and the room Must permit unobstructed access for removal of the j containers to the service point and for positioning of the containers correctly in relation to the waste chute



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Recyclable storage 25 Adequate storage for recyclable waste must be provided in a location that all users can safely and easily access.


26 Bulk bins –servicing point

The bulk bin servicing point must be located in accordance with Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2), and be designed and constructed in accordance with the following requirements:

Sufficient access and clearance for the waste a collection 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 b bays, 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 Located at least five (5) metres from any door, d window or fresh air intake within the development or any adjoining site Constructed hardstand with a solid concrete base or e acceptable equivalent Positioned on a level pad within the site, not more f 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 Connected to the crossover by a paved path g Allow for at least an additional 0.5 metres clearance h 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 i neighbouring properties, or passing vehicles and pedestrian traffic external to the site.

Advisory Notes: - The use of the proposed accommodation for rental

purposes must be registered in accordance with Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.1 (Rental Accommodation) 2008 prior to the commencement of that use.

- The operation of the swimming pool shall comply with Local Law No. 16 (Licensing) 2008 and Subordinate Local Law 16.2 (Swimming Pools) 2008. The operator shall ensure that the swimming pool is registered with the



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Health, Regulatory and Lifeguard Services Branch of Council prior to the commencement of the use of the swimming pool.

TELECOMMUNICATIONS 27 Telecommunications – MCU

The applicant must: Provide telecommunications to the subject building/s a and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. Provide certification to Council, from the authorised b 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.

BUILT FORM 28 Balconies to be unenclosed

All balconies 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.

29 Design and treatment of topmost storey The topmost storey of all buildings (including the roof and any service equipment and plant rooms) must be designed and treated so as to visually integrate with and complement the design and finish of the rest of the building as per the plans reference in Condition 1, to the satisfaction of the Chief Executive Officer.

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

PLOT RATIO BONUSES

30 Plot Ratio Bonuses Prior to the earlier of the issue of Building Approval and the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant is to demonstrate the inclusion of public benefit items within the development to contribute to an exemplary urban design outcome. This includes: a Urban improvements - Contribution to the value of

$75,000.00 for pedestrian/bicycle facilities within Division 7 (e.g. pedestrian/cycle bridges connecting Isle of Capri to Surfers Paradise).

b Ecologically Sustainable Design (ESD), Compliance with GBCA 4 star Green Star (or equivalent) standard.

Timing Refer to wording within the condition.

31 Policy 18 Urban Design Bonus Provisions

Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant is to demonstrate compliance with or satisfaction of the bonus elements in accordance with the



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approval. The principle consultant of the respective disciplines related to the design of the development or elements of the development that have been awarded plot bonuses, must provide certification to the satisfaction of Council confirming the development has been constructed in accordance with the approval in regard to implementing and delivering all aspects of the development for which bonuses were awarded in the approval. This pertains to the ESD categories and the submission of a report verifying the development has been constructed in accordance with the Green Star rating.

32 Implementation Public Benefit works elements

Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant must demonstrate through the Body Corporate legal arrangements and Community Management Statements, that all aspects and programs of the development relating to public benefit works referenced in Condition 30 of this approval are maintained in perpetuity for the life of the development.


BASEMENT EXCAVATION Preparation of basement excavation stability 33 assessment report A basement excavation stability assessment 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 proposed a basement 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 ii cross-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 c excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road



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reserve; Identify the overall potential adverse effects of the d 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; 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; and

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.

Compliance assessment of basement excavation 34 stability assessment report The basement excavation stability assessment 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 • City Plan’s Landslide Hazard Overlay Code; • City Plan’s Change to Ground Level and Creation of

New Waterways Code; and • City Plan policy – Land Development Guidelines. Compliance assessor: City of Gold Coast When the request for compliance assessment must be


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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 35 development applications A copy of the compliance certificate for the basement excavation stability assessment report must be provided with any future building work development application.

36 Basement excavation and associated drawings are consistent with approved 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 basement excavation stability assessment report.

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

37 Basement excavation and dewatering must be carried out in accordance with approved 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 basement excavation stability assessment report.

Timing At all times while works are occurring.

38 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.

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

Timing In conjunction with any application seeking a development permit for building works.


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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.

39 On-site supervision of basement excavation works The applicant must engage a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering for the entire basement excavation/construction period over the subject site, at no cost to Council, for on-site supervision of the basement excavation and retention structure installations on the site in order to ensure no adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

Timing At all times while basement excavation/construction works are occurring on site.

ACID SULFATE SOILS (ASS)/GROUNDWATER 40 Excavation/filling requiring consideration of acid

sulfate soil If the proposed development will affect soils below 5m AHD and involves either:

The excavation of 100m3 or more of soil or sediment; a or 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.


41 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:

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



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required to mitigate acid leachate; and The potential impacts on surrounding environment d features.

Preparation of acid sulfate soil management plan 42 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 43 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 40 (including borehole 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 2014: State interest – water quality

regarding Acid Sulfate Soils; • City Plan Version 2 - Acid sulfate soils overlay code; and • City Plan Policy - SC6.2 Acid Sulfate Soils

Management; • The Queensland Acid Sulfate Soil Technical Manual

Version 4.0 (2014, Dear et al); 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 44 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.


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Location of treatment pads 45 A plan depicting the location of all treatment pads must be submitted and approved (this documentation can be submitted with an application for operational works – bulk earthworks, or change to ground level), to the satisfaction of the Chief Executive Officer.

Timing Prior to works commencing on site, and prior to the pre-start meeting.

Appointment of acid sulfate treatment professional 46 A suitably qualified and experienced professional with relevant experience in this field must be appointed to supervise:

The treatment of all acid sulfate soils; a Stock piling; b Monitoring; c Verification testing of the soil; and d Other items as appropriate in accordance with the e approved Acid Sulfate Management Plan.

Timing At all times during construction works.

Pre-start meeting – acid sulfate soil requirements 47 The applicant must arrange and attend an on-site pre-start meeting with Council Environmental Planners. The contact officer is Teharne Zarzecki (5582 8281). The following items are to be submitted prior to the booking or undertaken in conjunction with the booking of the pre-start meeting:

All applicable requirements of the approved Acid a Sulfate Soil Management Plan; The location of treatment pads are to be marked on b site; and The emergency fine agricultural lime must be on site c at the time of pre-start meeting (minimum 500 kg).

In accordance with Condition 45 above, a suitably qualified and experienced professional in relation to the acid sulfate requirements must be present at the pre-start meeting and all contractors must be made aware of the requirement for works in relation to acid sulfate soils to be undertaken by the experienced professional nominated. Where an inspection is not passed, the applicant must attend to all outstanding issues/unsatisfactory items and book a re-inspection with Council.

Timing Prior to or in conjunction with the booking and undertaking of the pre-start meeting, and prior to any works commencing on site.

Requirement for practical completion certification – 48 acid sulfate soil conditions Provide certification from the suitably qualified and experienced professional supervising works on site, that all material excavated from the site has been treated and verified in accordance with the approved Acid Sulfate Soil Management Plan. The certification is required to be submitted prior to:

Plan sealing of survey plans; a



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Where no survey plans are required, prior to b commencement of use; or Three months after the completion of all operational c works onsite;

whichever comes first. HYDRAULICS AND WATER QUALITY

No worsening of hydraulic conditions 49 The development must be designed and constructed so as to result in:

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


50 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.


Stormwater management plan to be complied with 51 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 “Residential Apartments 9-11 Thornton Street, Surfers Paradise, Stormwater Management Plan, for Peninsula Properties Pty Ltd, Revision B (R001-G15205)” dated 27 January 2016 prepared by Michael Bale and Associates Pty Ltd, 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 The certification must be submitted prior to the commencement of the use of the premises.

Discharge from stormwater management devices 52 All the stormwater management devices (quantity and quality) must discharge to Council’s stormwater drainage system under gravity.


53 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.


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


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commencement of the use of the premises.

54 Agreement to remove hydrocarbons for GPT 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 b 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.

55 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.

Certification of performance of the stormwater 56 treatment train The applicant shall provide a certification signed by the qualified professional (RPEQ or equivalent) who has prepared or endorsed the stormwater management report by confirming the followings:

The proposed treatment train including the proprietary a device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines. The signing person must acknowledge that he/she is b aware that the Council of the City of Gold Coast relies upon his / her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on-site.

Monitoring of the proprietary stormwater treatment 57 devices (StormWater360 Filter treatment devices) The owner or the legal entity of the development must carry out monitoring of the performance of the proprietary stormwater treatment devices for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to Council for review and record keeping



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purposes.

Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer, based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

Maintenance of stormwater management devices 58 (StormWater360 Filter treatment devices)

Prior to commencement of the use of the premises, a a site-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following:

The MMP must include all associated cost i related to the device (e.g., installation, inspection and replacement/maintenance, reporting, health and safety plans, training, area of land required to install the device etc.); The MMP must include the lifecycle cost of the ii proposed treatment devices;

The owner/body corporate must enter into a long-term b maintenance agreement with the proprietor or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises;

The body corporate / legal authority shall submit to c Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed. The body corporate and / or legal authority of the d development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council. In case of failure to achieve the designed pollutant e load reduction target during the operational phase of



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the development, the owner / body corporate must be responsible to replace the proprietary device (Stormwater360 Proprietary devices) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.

Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994. DEWATERING MANAGEMENT PLAN 59 Preparation of dewatering management plan

Should the basement excavation intercepts 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; 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



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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 60 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 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 61 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 62


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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 63 Erosion and sediment control

Erosion, sediment and dust control measures must be a implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) b must 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, d 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. 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 Inspections after each storm event to assess ii 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.

LANDSCAPE WORKS ON PRIVATE LAND Detailed landscape plan to be submitted for approval 64

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 City Plan’s b Landscape Work Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect i or similar landscape design professional; Be in general accordance with the Statement of ii

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


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Landscape Intent, being Sheets 1 - 9, Issue P4, Statement of Landscape Intent, 24.03.2016, Prepared by Verge; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; Comply with City Plan Policy – Landscape iv Work; and Demonstrate compliance with the following: v A Tree species must be evergreen canopy

trees with a minimum bag size of 200L at the time of planting;

B A feature canopy tree must be incorporated within the frontage garden adjacent the bicycle parking area;

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

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

E Screening shrubs must be planted along both side and rear boundaries at one (1) metre intervals excluding the driveway access;

F All screening shrubs must be able to reach a minimum height of three (3) metres at maturity;

G Hydrant booster and other service areas must be screened by a timber batten feature screen gate or similar consistent with the development;

H All species used on site must be tolerant of coastal conditions and salt laden winds; and

I All species utilised must not be listed on the GCCC – Guidelines for Undesirable Plants.

Frontage Fencing 65 Any frontage fencing for this development must comply with one of, or a combination of, the following:

The proposed fencing as shown in the referenced a Statement of Landscape Intent; The fence is not forward of the building line; or b The fence is set back a minimum 600mm within the c site boundary and screen shrub plantings are incorporated between the fence and the boundary.


Trellis Systems 66 The applicant must submit with the application for

Timing In the wording of the


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operational work (landscape work), operational details, specifications and a maintenance management plan relating to the trellis systems. The management plan must:

Provide detailed information as to how the irrigation a and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices; Stipulate a maintenance schedule for these systems; b Provide details of the minimum standards to which c these systems must be maintained; and Describe actions to be taken if the systems should fail d to function as intended.

condition.

Planter Boxes 67 Planter boxes where trees are to be planted must a possess a minimum surface area of 6 square metres; Tree species must be chosen which are suitable for root zones growing in confined planting locations; Each of the aforementioned planter boxes must be b sized to provide a minimum 800mm internal soil depth. The depth of planter boxes where trees are not proposed are to be as shown on the Detailed Landscape Plan; and An automatic irrigation system must be provided to all c podium planter boxes.


Trees Adjacent Structures 68 Where trees are planted adjacent to structures, root barriers or structure strengthening systems must be installed. Such measures must be designed to ensure the tree and structure can co-exist for the life of the development. Full demonstration of these systems is required to accompany the detailed landscape plan.


Retention of existing Norfolk Island Pines 69 The three (3) existing Norfolk Island Pine trees located within the road reserve area adjoining the site’s frontage are to be retained.


ARBORICULTURAL PLANNING Vegetation management and retention 70 All works onsite must be undertaken in accordance with the approved vegetation management plan and/or arborist report being Tree Assessment &Tree Management Plan by Byrns Lardner Landscape Architecture & Environmental dated April 2016 to ensure the vegetation management plan and/or arborist report is complied with. An AQF level 5 project arborist must be engaged. The applicant must comply with any directions given by the project arborist in respect to vegetation management measures to be employed onsite to minimise any adverse environmental



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impacts. The applicant must:

Arrange and attend an on-site meeting with relevant a Council officers (contact Arboricultural Planning officer Phil Ware on (07) 5582 8480), and the Project Arborist for vegetation management required as a result of this approval. This meeting must be undertaken prior to and at the completion of all onsite works; and Provide a certification report from the project arborist b 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. This report must be provided prior to the final on-site meeting required as detailed above.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 71 Casual Surveillance

The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and promote opportunities for casual surveillance. This is to include, but is not limited to: a Clear sightlines must be maintained from the ground

floor lobby inside the building to Thornton Street b Vegetation to be clear between the heights of 0.6

metres and 1.8 metres where adjacent to pedestrian pathways.


72 Detailed design of built elements to incorporate graffiti prevention principles The applicant must apply graffiti prevention principles to reduce opportunities for graffiti. This is to include, but not be limited to, the following requirements: a The owner/Body Corporate shall remove or cover any

graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.

b Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti


CONSTRUCTION MANAGEMENT 73 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

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any


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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 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.

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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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.

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

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

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

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

part 3 of the Environmental Protection Regulation 2008; and

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

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

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

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

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

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

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

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

vi identify the procedures to be adopted for



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revision and review of the noise management plan.

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

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

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

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

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




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

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

particulate emissions; iii identify the measures and work practices that

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

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

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



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

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

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

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

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

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


77 Haulage access / site management a Prior to the commencement of works, the applicant

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

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

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

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

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

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

g Any damage to property (including pavement damage) is to be rectified to the satisfaction of



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

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


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


SEWERAGE 80 Sewer reticulation

The development must be connected to Council’s a sewer reticulation system at no cost to Council. The size of the sewer property service connection b shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).


81 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).


82 Connection point The existing 150mm main at the rear of the site must be used as the connection point, located in the basement of 10 Vista Street, unless otherwise approved by Gold Coast Water.


Redundant sewer property connections 83 The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer

Timing Prior to the earlier of acceptance of any works


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property service connections, at the applicant's cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy and Procedure.

‘On Maintenance’ or commencement of the use of the premises.

84 Connections and disconnections – 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 and/or disconnection to existing infrastructure.

85 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) should a 150mm sewer house connection and/or maintenance hole be required to be constructed within the road.


WATER SUPPLY RETICULATION 86 Water supply reticulation (potable only)

The development must be connected to Council’s a potable water 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 supply reticulation system.


87 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).


88 Connection point The existing 150mm main in Thornton Street must be a used as the potable water supply connection point, unless otherwise approved by Gold Coast Water. Where mains exist on the opposite side of the street, b conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted).


Installation of property service, water meter box and 89 meter

The applicant must: Submit an Operational Works (OPW) application, for a Council’s approval, for water meters 100mm and above;



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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, water meter box and meter installation.

The property service, water meter box and i 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 Waters Network Modifications, Extension and Connections Policy and 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. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy and Procedure.

90 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.

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. Must comply with Gold Coast Waters Network c Modifications, Extension and Connections Policy and Procedure.

Timing At the time of lodgement of the Plumbing and Drainage application.

Connection and disconnection – arrangements with 91 Gold Coast Water Any connections and disconnections to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


Supply standard 92 The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


93 Fire loading Fire loading must not exceed 15L/s for 2 hours duration.



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Potable Water Storage Requirements 94 Potable water storage requirements shall be determined based on the details provided in the NMEC. The probable simultaneous domestic water flow rate shall be determined by the applicant and submitted prior to building approval, including the provision of potable water storage where this exceeds the maximum allowable simultaneous flow rate as per NMEC calculations.


ADVISORY NOTES TO APPLICANT

B 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.

C 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.

D Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.28 of the Integrated Planning Act 1997section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

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


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07)

3405 3050 for further information on the responsibilities of developers under the AHCA.

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

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

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

Author: Authorised by: Place Design Group Dyan Currie Appointed Planning Consultant Director Planning and Environment July 2016


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 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.



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

Author: Authorised by: Place Design Group Dyan Currie Appointed Planning Consultant Director Planning and Environment July 2016


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 COMMITTEE RECOMMENDATION CP16.0720.006 moved Cr Owen-Jones seconded Cr Gates That Council resolves as follows:

Real property description Lot 0 on BUP1344 , Lot 1 on BUP1344 , Lot 2 on BUP1344 , Lot 3 on BUP1344 , Lot 4 on BUP1344 , Lot 5 on BUP1344 , Lot 6 on BUP1344 , Lot 161 on RP21845

Address of property 9 to 11 Thornton Street , Surfers Paradise Area of property 1,012m2 Decision type Development Permit for a Material Change of Use for

Apartment Further development permits Carrying out building work, operational work Further compliance permits Sewerage works, water supply plumbing work, fire

services plumbing work Compliance assessment required for documents or works

Acid sulphate soils management plan, Basement excavation stability assessment report, Dewatering management plan, Acoustic report, Detailed Landscape Plan for operation work (landscape work), Construction Management plan

A Council approves the issue of a Development Permit for a Material Change of Use for an Apartment building (31 storeys) subject to the following conditions:

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

amended in red The development must be carried out generally in accordance with the approved

plans/drawings listed below, as amended in red, stamped and returned to the applicant with this decision notice.

Plan No. Rev. Title Date Prepared by 5500.1.05 2 Basement L4 Floor Plan 24 March 2016 TVS Architects 5500.1.06 2 Basement L2 – L3 Floor Plan 24 March 2016 TVS Architects 5500.1.07 2 Basement L1 Floor Plan 24 March 2016 TVS Architects 5500.1.08 2 Ground Floor Plan 24 March 2016 TVS Architects 5500.1.09 1 Level 1 Mezzanines Floor Plan 24 March 2016 TVS Architects 5500.1.10 1 Level 2 – 6 Floor Plan 24 March 2016 TVS Architects 5500.1.11 1 Level 7 Rec Floor Plan 24 March 2016 TVS Architects 5500.1.12 1 Level 8 – 14 Typical Floor Plan 24 March 2016 TVS Architects 5500.1.13 1 Level 15 – 28 Typical Floor Plan 24 March 2016 TVS Architects 5500.1.14 1 Level 29 Floor Plan 24 March 2016 TVS Architects 5500.1.15 1 Level 30 Floor Plan 24 March 2016 TVS Architects 5500.1.16 1 Roof Plan 24 March 2016 TVS Architects 5500.1.17 1 Typical Unit Plans 24 March 2016 TVS Architects


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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 5500.1.18 1 Typical Unit Plans 24 March 2016 TVS Architects 5500.1.19 1 Typical Unit Plans 24 March 2016 TVS Architects 5500.1.20 1 Elevations Overall 24 March 2016 TVS Architects 5500.1.21 1 Elevations Overall 24 March 2016 TVS Architects 5500.1.22 2 Detailed Elevations 24 March 2016 TVS Architects 5500.1.23 2 Detailed Elevations 24 March 2016 TVS Architects 5500.1.24 1 Building Sections 24 March 2016 TVS Architects 5500.1.25 2 Building Sections 24 March 2016 TVS Architects 5500.1.26 1 Building Mass 24 March 2016 TVS Architects 5500.1.27 1 Building Mass 24 March 2016 TVS Architects 5500.1.38.1 - Bike Parking Plans (amended in

red) 22 June 2016 TVS Architects

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.


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.


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.



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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 5 Lots to be amalgamated

Lot 161 on RP21845, Lots 0 - 6 on BUP1344 must be amalgamated into one lot. The plan of amalgamation must be registered.


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,


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.





ADVERTISING DEVICES 8 Advertising device approval required

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



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


ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 CAR PARKING AND ACCESS 9 Off street facilities for car parking

a Off-street car parking facilities must be designed, constructed and maintained in accordance with AS2890.1-2004 Parking, Facilities Part 1: Off Street Car Parking.

b Off-street facilities for car parking must only be used for vehicle parking associated with the approved uses.

c A minimum combined total of 90 off-street car parking spaces must be provided for on-site, where at least 81 spaces are provided for residents and 9 spaces for visitors.

d Off-street car parking facilities must be drained sealed and line marked.


10 Off street signs line marking and devices In addition to signs and line marking required by AS2890.1, the following must be installed and maintained: a Signs and line marking to identify persons with

disabilities parking (AS2890.6).


11 Accessible visitor car parking a All visitor car parking must be accessible, not subject

to regulations or restrictions, to bona fide visitors for the duration of any visit to the site.

b An intercom system must be installed and maintained, linking each of the dwellings with the security gate to provide access for visitors to the site. The intercom box must be set back a sufficient distance from the property boundary so that a vehicle using the intercom will be entirely within the site.

c 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.


12 Bicycle parking a Bicycle parking must be designed, constructed and

maintained on-site, in accordance with AS2890.3-2015 Parking Facilities Part 3: Bicycle Parking.

b Off street bicycle parking must only be used for bicycle parking.

c Provide a minimum of 81 Class 2 bicycle parking spaces for residents in a secure arrangement that requires access by users with a key or security device.

d Provide 8 Class 3 bicycle parking spaces for visitors located at ground level in a visible line of site to the developments main pedestrian entry.

e The bicycle parking spaces are to: i Enable wheels and frame to be located to the

device without damaging the bicycle;



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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.

VEHICULAR CROSSINGS AND DRIVEWAYS 13 Sight lines to pedestrians

The entrance to the ground floor must maintain the clear sight lines shown in Figure 3.3 (minimum sight lines for pedestrian safety) of AS2890.1-2004 Parking Facilities Part 1: Off street car parking.


FOOTPATHS AND BIKEWAYS 14 Footpaths

a The applicant must design and construct concrete footpaths as follows: i Minimum 2m wide path along the full frontage of

the site to Thornton Street. ii Minimum 1.2m wide path linking the site’s

pedestrian entry to the new path on the verge of Thornton 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 footpath. Approval of plans, which show the location of the footpath, is not to be taken as an approval to construct.



PLUMBING AND DRAINAGE 15 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:

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


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i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

Guidelines); and c comply with Council’s Solid Waste Management

Guideline for New Developments (2011). 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.

16 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 5.2 of Council’s City Plan Policy. 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.


17 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.


HEALTH AND REGULATORY SERVICES

18 Acoustic report An acoustic report must be submitted and approved by Council. The report shall include:



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a The expected impact of noise from the development on the nearest noise-sensitive receptors. 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 (i.e. car park noise, people noise, mechanical plant and equipment etc) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines; and

c The required control measures to achieve compliance with the applicable criteria and standards.

The development must be designed and constructed in accordance with the recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

19 Hours of operation Use of the external recreation (i.e. pool) area is restricted to between 7:00am and 10:00pm only.


20 Driveway and carpark surfaces Driveway and carpark areas are to be finished with surface coatings that prevent tyre sequel (an uncoated surface is acceptable); Drainage grating placed over trafficable areas is to be well secured to prevent rattling.


WASTE 21 Waste Management Plan

The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes.


22 Waste chute – design and construction The waste chute must be located in accordance with ‘Basement L1 Floor Plan’ prepared by ‘TVS Architects’ dated 24/03/2016 (Reference No. 5500.1.07.2), and be designed and constructed in accordance with the following requirements: 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



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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 National Construction Code – 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

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

23 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 following requirements: 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 constructed of a durable impervious material with a smooth finished surface


24 Waste storage room – design and construction The waste storage room must be located in accordance with Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2), and be designed and constructed in accordance with the following requirements: a Fire rated and ventilated in accordance with the

‘National Construction Code – 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 Graded floor to fall to a drainage point/s, connected to sewer in accordance with trade waste requirements



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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 A hose cock must be provided immediately outside the room for cleaning bins and the room

j 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

25 Recyclable storage Adequate storage for recyclable waste must be provided in a location that all users can safely and easily access.


26 Bulk bins –servicing point

The bulk bin servicing point must be located in accordance with Waste Management Plan (WMP) prepared by ‘TVS Architects’ dated 24/03/2014 (Reference No. 5500.1.34.2), and be designed and constructed in accordance with the following requirements: 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 Located at least five (5) metres from any door, window or fresh air intake within the development or any adjoining site

e Constructed hardstand with a solid concrete base or acceptable equivalent

f 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

g Connected to the crossover by a paved path h 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.

i Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site.



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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 Advisory Notes:

- The use of the proposed accommodation for rental purposes must be registered in accordance with Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.1 (Rental Accommodation) 2008 prior to the commencement of that use.

- The operation of the swimming pool shall comply with Local Law No. 16 (Licensing) 2008 and Subordinate Local Law 16.2 (Swimming Pools) 2008. The operator shall ensure that the swimming pool is registered with the Health, Regulatory and Lifeguard Services Branch of Council prior to the commencement of the use of the swimming pool.


The applicant must: a Provide telecommunications to the subject building/s

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

b 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).


BUILT FORM 28 Balconies to be unenclosed

All balconies 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.

29 Design and treatment of topmost storey The topmost storey of all buildings (including the roof and any service equipment and plant rooms) must be designed and treated so as to visually integrate with and complement the design and finish of the rest of the building as per the plans reference in Condition 1, to the satisfaction of the Chief Executive Officer.

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

PLOT RATIO BONUSES 30 Plot Ratio Bonuses

Prior to the earlier of the issue of Building Approval and the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant is to demonstrate the inclusion of public benefit items within the development to contribute to an exemplary urban design outcome. This includes: a Urban improvements - Contribution to the value of

$75,000.00 for pedestrian/bicycle facilities within



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Division 7 (e.g. pedestrian/cycle bridges connecting Isle of Capri to Surfers Paradise).

b Ecologically Sustainable Design (ESD), Compliance with GBCA 4 star Green Star (or equivalent) standard.

31 Policy 18 Urban Design Bonus Provisions Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant is to demonstrate compliance with or satisfaction of the bonus elements in accordance with the approval. The principle consultant of the respective disciplines related to the design of the development or elements of the development that have been awarded plot bonuses, must provide certification to the satisfaction of Council confirming the development has been constructed in accordance with the approval in regard to implementing and delivering all aspects of the development for which bonuses were awarded in the approval. This pertains to the ESD categories and the submission of a report verifying the development has been constructed in accordance with the Green Star rating.


32 Implementation Public Benefit works elements Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the applicant must demonstrate through the Body Corporate legal arrangements and Community Management Statements, that all aspects and programs of the development relating to public benefit works referenced in Condition 30 of this approval are maintained in perpetuity for the life of the development.


BASEMENT EXCAVATION 33 Preparation of basement excavation stability

assessment report A basement excavation stability assessment 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 proposed

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



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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

iii Which includes a contingency plan in the event that instability of the adjacent properties/structures arises or is detected during the construction period; and

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.

34 Compliance assessment of basement excavation stability assessment report The basement excavation stability assessment 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


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assessed • City Plan’s Landslide Hazard Overlay Code; • City Plan’s Change to Ground Level and Creation of New

Waterways Code; and • City Plan policy – Land Development Guidelines. Compliance assessor: City of Gold Coast 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.

35 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 work development application.

36 Basement excavation and associated drawings are consistent with approved 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 basement excavation stability assessment report.

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

37 Basement excavation and dewatering must be carried out in accordance with approved 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 basement excavation stability assessment report.


38 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

Timing In conjunction with any application seeking a development permit for building works.


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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.

39 On-site supervision of basement excavation works The applicant must engage a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering for the entire basement excavation/construction period over the subject site, at no cost to Council, for on-site supervision of the basement excavation and retention structure installations on the site in order to ensure no adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

Timing At all times while basement excavation/construction works are occurring on site.

ACID SULFATE SOILS (ASS)/GROUNDWATER 40 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.


41 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,



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Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the

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. 42 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.

43 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 40 (including borehole 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 2014: State interest – water quality

regarding Acid Sulfate Soils; • City Plan Version 2 - Acid sulfate soils overlay code; and • City Plan Policy - SC6.2 Acid Sulfate Soils Management; • The Queensland Acid Sulfate Soil Technical Manual

Version 4.0 (2014, Dear et al); 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.

44 Compliance certificate with future operational work


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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.

45 Location of treatment pads A plan depicting the location of all treatment pads must be submitted and approved (this documentation can be submitted with an application for operational works – bulk earthworks, or change to ground level), to the satisfaction of the Chief Executive Officer.

Timing Prior to works commencing on site, and prior to the pre-start meeting.

46 Appointment of acid sulfate treatment professional A suitably qualified and experienced professional with relevant experience in this field must be appointed to supervise: a The treatment of all acid sulfate soils; b Stock piling; c Monitoring; d Verification testing of the soil; and e Other items as appropriate in accordance with the

approved Acid Sulfate Management Plan.

Timing At all times during construction works.

47 Pre-start meeting – acid sulfate soil requirements The applicant must arrange and attend an on-site pre-start meeting with Council Environmental Planners. The contact officer is Teharne Zarzecki (5582 8281). The following items are to be submitted prior to the booking or undertaken in conjunction with the booking of the pre-start meeting: a All applicable requirements of the approved Acid

Sulfate Soil Management Plan; b The location of treatment pads are to be marked on

site; and c The emergency fine agricultural lime must be on site

at the time of pre-start meeting (minimum 500 kg). In accordance with Condition 45 above, a suitably qualified and experienced professional in relation to the acid sulfate requirements must be present at the pre-start meeting and all contractors must be made aware of the requirement for works in relation to acid sulfate soils to be undertaken by the experienced professional nominated. Where an inspection is not passed, the applicant must attend to all outstanding issues/unsatisfactory items and book a re-inspection with Council.

Timing Prior to or in conjunction with the booking and undertaking of the pre-start meeting, and prior to any works commencing on site.

48 Requirement for practical completion certification – acid sulfate soil conditions Provide certification from the suitably qualified and experienced professional supervising works on site, that all material excavated from the site has been treated and verified in accordance with the approved Acid Sulfate Soil



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Management Plan. The certification is required to be submitted prior to: a Plan sealing of survey plans; b Where no survey plans are required, prior to

commencement of use; or c Three months after the completion of all operational

works onsite; whichever comes first.

HYDRAULICS AND WATER QUALITY 49 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.




51 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 “Residential Apartments 9-11 Thornton Street, Surfers Paradise, Stormwater Management Plan, for Peninsula Properties Pty Ltd, Revision B (R001-G15205)” dated 27 January 2016 prepared by Michael Bale and Associates Pty Ltd, 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 The certification must be submitted prior to the commencement of the use of the premises.

52 Discharge from stormwater management devices All the stormwater management devices (quantity and quality) must discharge to Council’s stormwater drainage system under gravity.


53 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.

b Any designated carwash bay will require a trade waste


Timing


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approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Compliance with (b) to occur prior to the commencement of the use of the premises.

54 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.

55 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.

56 Certification of performance of the stormwater treatment train The applicant shall provide a certification signed by the qualified professional (RPEQ or equivalent) who has prepared or endorsed the stormwater management report by confirming the followings: a The proposed treatment train including the proprietary

device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

b The signing person must acknowledge that he/she is aware that the Council of the City of Gold Coast relies upon his / her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on-site.

57 Monitoring of the proprietary stormwater treatment devices (StormWater360 Filter treatment devices) The owner or the legal entity of the development must carry out monitoring of the performance of the proprietary stormwater treatment devices for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be



738 Adopted Report


submitted to Council for review and record keeping purposes. Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer, based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

58 Maintenance of stormwater management devices (StormWater360 Filter treatment devices) a Prior to commencement of the use of the premises, a

site-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following: i The MMP must include all associated cost

related to the device (e.g., installation, inspection and replacement/maintenance, reporting, health and safety plans, training, area of land required to install the device etc.);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

b The owner/body corporate must enter into a long-term maintenance agreement with the proprietor or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises;

c The body corporate / legal authority shall submit to Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed.

d The body corporate and / or legal authority of the development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council.

e In case of failure to achieve the designed pollutant load reduction target during the operational phase of



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the development, the owner / body corporate must be responsible to replace the proprietary device (Stormwater360 Proprietary devices) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.

Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994. DEWATERING MANAGEMENT PLAN 59 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



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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’.

60 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 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.

61 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.

62 Works must be carried out in accordance with the approved dewatering management plan


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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 63 Erosion and sediment control

a Erosion, sediment and dust control measures must be implemented 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 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.

LANDSCAPE WORKS ON PRIVATE LAND 64 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 City Plan’s Landscape Work Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect

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

Landscape Intent, being Sheets 1 - 9, Issue P4, Statement of Landscape Intent, 24.03.2016,

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


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Prepared by Verge; iii Reflect the approved layout (including any

amendments to that layout required by these conditions) and the conditions of this approval;

iv Comply with City Plan Policy – Landscape Work; and

v Demonstrate compliance with the following: A Tree species must be evergreen canopy

trees with a minimum bag size of 200L at the time of planting;

B A feature canopy tree must be incorporated within the frontage garden adjacent the bicycle parking area;

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

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

E Screening shrubs must be planted along both side and rear boundaries at one (1) metre intervals excluding the driveway access;

F All screening shrubs must be able to reach a minimum height of three (3) metres at maturity;

G Hydrant booster and other service areas must be screened by a timber batten feature screen gate or similar consistent with the development;

H All species used on site must be tolerant of coastal conditions and salt laden winds; and

I All species utilised must not be listed on the GCCC – Guidelines for Undesirable Plants.

65 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The proposed fencing as shown in the referenced

Statement of Landscape Intent; b The fence is not forward of the building line; or c The fence is set back a minimum 600mm within the

site boundary and screen shrub plantings are incorporated between the fence and the boundary.


66 Trellis Systems The applicant must submit with the application for operational work (landscape work), operational details, specifications and a maintenance management plan relating to the trellis systems. The management plan must: a Provide detailed information as to how the irrigation

Timing In the wording of the condition.


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and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices;

b Stipulate a maintenance schedule for these systems; c Provide details of the minimum standards to which

these systems must be maintained; and d Describe actions to be taken if the systems should fail

to function as intended. 67 Planter Boxes

a Planter boxes where trees are to be planted must possess a minimum surface area of 6 square metres; Tree species must be chosen which are suitable for root zones growing in confined planting locations;

b Each of the aforementioned planter boxes must be sized to provide a minimum 800mm internal soil depth. The depth of planter boxes where trees are not proposed are to be as shown on the Detailed Landscape Plan; and

c An automatic irrigation system must be provided to all podium planter boxes.


68 Trees Adjacent Structures Where trees are planted adjacent to structures, root barriers or structure strengthening systems must be installed. Such measures must be designed to ensure the tree and structure can co-exist for the life of the development. Full demonstration of these systems is required to accompany the detailed landscape plan.


69 Retention of existing Norfolk Island Pines The three (3) existing Norfolk Island Pine trees located within the road reserve area adjoining the site’s frontage are to be retained.


ARBORICULTURAL PLANNING 70 Vegetation management and retention

All works onsite must be undertaken in accordance with the approved vegetation management plan and/or arborist report being Tree Assessment &Tree Management Plan by Byrns Lardner Landscape Architecture & Environmental dated April 2016 to ensure the vegetation management plan and/or arborist report is complied with. An AQF level 5 project arborist must be engaged. The applicant must comply with any directions given by the project arborist in respect to vegetation management measures to be employed onsite to minimise any adverse environmental impacts. The applicant must: a Arrange and attend an on-site meeting with relevant

Council officers (contact Arboricultural Planning officer Phil Ware on (07) 5582 8480), and the Project Arborist



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for vegetation management required as a result of this approval. This meeting must be undertaken prior to and at the completion of all onsite works; and

b 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. This report must be provided prior to the final on-site meeting required as detailed above.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 71 Casual Surveillance

The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and promote opportunities for casual surveillance. This is to include, but is not limited to: a Clear sightlines must be maintained from the ground

floor lobby inside the building to Thornton Street b Vegetation to be clear between the heights of 0.6

metres and 1.8 metres where adjacent to pedestrian pathways.


72 Detailed design of built elements to incorporate graffiti prevention principles The applicant must apply graffiti prevention principles to reduce opportunities for graffiti. This is to include, but not be limited to, the following requirements: a The owner/Body Corporate shall remove or cover any

graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.

b Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti


CONSTRUCTION MANAGEMENT 73 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

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


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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 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.

kept on-site at all times during construction works.

74 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



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Environmental Protection (Noise) Policy 2008. b When requested by Council, monitoring must be

undertaken to investigate any complaint of environmental nuisance caused by noise.

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




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

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

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

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

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

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

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

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

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

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



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

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




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

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

emissions; iii identify the measures and work practices that

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




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

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


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



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and c Prior to vehicles exiting the site, measures must be

taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

77 Haulage access / site management a Prior to the commencement of works, the applicant

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






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


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



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conducted on a road. 79 Public safety to be ensured

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


SEWERAGE 80 Sewer reticulation

a The development 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).


81 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).


82 Connection point The existing 150mm main at the rear of the site must be used as the connection point, located in the basement of 10 Vista Street, unless otherwise approved by Gold Coast Water.


83 Redundant sewer property connections 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. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy and Procedure.

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises.

84 Connections and disconnections – 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).


85 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) should a 150mm



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sewer house connection and/or maintenance hole be required to be constructed within the road.

WATER SUPPLY RETICULATION 86 Water supply reticulation (potable only)

a The development must be connected to Council’s potable 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 supply reticulation system.


87 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).


88 Connection point a The existing 150mm main in Thornton Street must be

used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.

b Where mains exist on the opposite side of the street, conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted).


89 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 Waters Network Modifications, Extension and Connections Policy and 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. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy and Procedure.



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ITEM 6 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENT - 9 TO 11 THORNTON STREET, SURFERS PARADISE - DIVISION 7 PN71344/01/DA1 90 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. 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 Must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy and Procedure.

Timing At the time of lodgement of the Plumbing and Drainage application.

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


92 Supply standard The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


93 Fire loading Fire loading must not exceed 15L/s for 2 hours duration.


94 Potable Water Storage Requirements Potable water storage requirements shall be determined based on the details provided in the NMEC. The probable simultaneous domestic water flow rate shall be determined by the applicant and submitted prior to building approval, including the provision of potable water storage where this exceeds the maximum allowable simultaneous flow rate as per NMEC calculations.


ADVISORY NOTES TO APPLICANT B 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.

C 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.

D Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding


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this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.28 of the Integrated Planning Act 1997section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

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



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


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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


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GCCC Maps

0 22 44 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

ATTACHMENT 6.1


755 Adopted Report

ATTACHMENT 6.2 (page 1 of 2)


756 Adopted Report


757 Adopted Report

1.04

2

THORNTON STREET

GARF

IELD

TERR

ACE

L2-5 over

3m Se

tb ack

3m Se

tb ack

6m Setback

6m Se

tb ack

3m Setback3m Setback

Site Area: 1020.5m2Building Footprint: 434.3 m2Site Cover: 42%

RL6.530 Ground FloorRL9.530 Level 1RL12.530 Level 2RL15.530 Level 3RL18.530 Level 4RL21.530 Level 5RL24.530 Level 6RL27.530 Level 7RL30.530 Level 8RL33.530 Level 9RL36.530 Level 10RL39.530 Level 11RL42.530 Level 12RL45.530 Level 13RL48.530 Level 14RL51.530 Level 15RL54.530 Level 16RL57.530 Level 17RL60.530 Level 18RL63.530 Level 19RL66.530 Level 20RL69.530 Level 21RL72.530 Level 22RL75.530 Level 23RL78.530 Level 24RL81.530 Level 25RL84.530 Level 26RL87.530 Level 27RL90.530 Level 28RL93.530 Level 29RL96.530 Level 30RL99.530 Level 31

RL5.530 Street LevelExisting dwelling

Existing Duplex

N0

©TVS architects

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Scale (m) 1 : 400 @A39-11 Thornton St, Surfers Paradise

24/03/2016 1:10:04 PM

5500.1.04.1PENINSULA PROPERTIES (QLD) P/L Neighbouring Site Context

Scale @ A3 1 : 400Neighbouring Site Context Plan

Scale @ A3 1 : 400Elevation

ATTACHMENT 6.3 (page 1 of 14)


758 Adopted Report

3

2

4

A B C

11.25

21.25

51.25

Ram

p up

TransformerRoom

Stair

Stair

Refuse

Lift Core

Fire PumpRoom

MSB

Ram

p dow

nM

ax 1

in 1

6

Ramp downMax. 1 in 16

Ramp downMax. 1 in 16

5400 5200

6450

7800

7800

6450

1

5

Air intake vent

Exhaust vent

1 in

4

Security gate

Level over 1 in

8Ra

mp u

p1

in 8

Drop chute over

Transferbeam over

Stair pressurisationduct

Smoke Lobby

2500 2500 2500 2500 2400 2700

2600

2900

2400

2600

2400

2400

2400

2400 28002500 25002500 2500

20

17

05 06

16 15 141819

12

13

09

10

11

07

08

03 0401 02

3SK01

1SK01

2SK01

11.373

1.37

N0

©TVS architects

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24/03/2016 1:10:21 PM

5500.1.07.2PENINSULA PROPERTIES (QLD) P/L Basement L1 Floor Plan

Parking ScheduleDescription Level Count

Residential Bay Basement 4 25Basement 4 25



Residential Bay Basement 1 11Visitor Bay Basement 1 9Basement 1 20Total 93

Bicycle Parking ScheduleDescription Level Count

Bicycle Bay Basement 4 13Basement 4 13Bicycle Bay Basement 3 28Basement 3 28Bicycle Bay Basement 2 40Basement 2 40Visitor Bicycle Bay Street Level 14Street Level 14Total 95


759 Adopted Report

83° 43' 10"

10.06 m

83° 43' 10"

15.09 m

173°

44'

10"

40.24

m

353°

44'

10"

40.24

m

263° 43' 20"

15.09 m

263° 43' 20"

10.06 m

3

2

4

A B C11.25

21.25

51.25

RL 6.530

RL 6.480

RL 6.480

Lobby

Lap pool

Spa

Managers Unit

Courtyard

Entry

Office

Pond

Boos

ter

Lift Core

1095

Greenwall

PMT

FCR

THORNTON STREET

RL 5.530

Refu

se pi

ckup

unde

r

Conc seat wtih air intake vent under

Exhaust vent

1

5

Pedestrian sight lineclear of obstructionsto visibility

5400 5200

6450

7800

7800

6450

Crossover

Roller door under

levelover

1 in

41

in 8

Ram

p dow

n

Deep planting

Planting

Planting

Stairpressurisation fan

Visitorintercom

RL 8.040

14 Visitorbike bays

5800

150 6300

11.37

300

Existing 2.7m highmasonary wall onneighbour property

31.37

N0

©TVS architects

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24/03/2016 1:10:27 PM

5500.1.08.2PENINSULA PROPERTIES (QLD) P/L Ground Floor Plan


760 Adopted Report

3

2

4

A B C

11.25

21.25

ManagersUnit

Meeting Room

Void over lobby

Lift Core

3606

Roof

over

1

5

void

2423

4350

5400 5200

6450

7800

7800

6450

5900

5845

6800

3SK01

1SK01

2SK01

11.373

1.37

N0

©TVS architects

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24/03/2016 1:10:32 PM

5500.1.09.1PENINSULA PROPERTIES (QLD) P/L Level 1 Mezzanine Floor Plan


761 Adopted Report

3

2

4

A B C

11.25

21.25

UNIT A

UNIT B

UNIT A

conc

. roof

below

1

5

Lift Core

5400 5200

6450

7800

7800

6450

5900

6825 77175845

3000

4350

4350

6800

510011.373

1.37

N0

©TVS architects

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24/03/2016 1:10:44 PM

5500.1.10.1PENINSULA PROPERTIES (QLD) P/L Level 2 - 6 Floor Plan


762 Adopted Report

3

2

4

A B C

Residents Lounge

Function Room 1

Outdoor Terrace

Outdoor TerraceSauna

Gym

Balcony

Greenwall

BBQKitchenette

Balcony

1

5

Female

Male

Lift Core

5838

6450

7800

7800

6450

5400 5200

7717

5900

4350

4350

5845

6825

6800

510011.373

1.37

N0

©TVS architects

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24/03/2016 1:10:52 PM

5500.1.11.1PENINSULA PROPERTIES (QLD) P/L Level 7 Rec Floor Plan


763 Adopted Report

3

2

4

A B C

UNIT C

UNIT B

UNIT A

1

5

Lightweightperforated screens

Lift Core

6450

7800

7800

6450

5400 5200

5838

6825 7717

5845

4350

4350

5900

6800

5100

N0

©TVS architects

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24/03/2016 1:10:55 PM

5500.1.12.1PENINSULA PROPERTIES (QLD) P/L Levels 8 - 14 Typical Floor Plan


764 Adopted Report

MasterBed

WIR

Ensuite

Ldry

BathBed 2

Entry

Kitchen

Balcony

Living

Dining

Lin

Robe

Bbq area

Study

Balcony

MasterBed

Ensuite

Living

Dining

Kitchen

Study

Ldry

Entry

Bath

Bed 2

WIRBb

q Are

a

0

©TVS architects

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24/03/2016 1:11:17 PM

5500.1.17.1PENINSULA PROPERTIES (QLD) P/L Typical Unit Plans

Scale @ A3 1 : 100Typical Unit Plan A

Scale @ A3 1 : 100Typical Unit Plan B

Scale @ A3 1 : 100Typical Unit Plan C

Area Schedule Unit A

Name AreaBalcony/ Terrace 18.08 m²Unit A 100.11 m²

Area Schedule Unit C

Name AreaBalcony/ Terrace 17.57 m²Unit C 109.24 m²

Area Schedule Unit B

Name AreaBalcony/ Terrace 13.48 m²Unit B 93.65 m²


765 Adopted Report

Bed 1

Bed 2

Ensuite

Ensuite

PDR

Entry

Living

Robe

Robe

Balcony

Dining

Kitchen

Balcony

Ldry

Master BedWIR

Ensuite

Balcony

Study

Void Over

0

©TVS architects

2 4 6


24/03/2016 1:11:22 PM


Scale @ A3 1 : 100Typical Unit Plan D Ground

Scale @ A3 1 : 100Typical Unit Plan D Level 1

Area Schedule Unit D

Name AreaBalcony/ Terrace 41.68 m²Unit D 201.41 m²


766 Adopted Report

2

A B

1

Kitchen

Lin

Courtyard

Entry

Store

Stairs

Ldry PDR

Living

Dining

Stud

y

2

A B

1

Bath

MasterBed

WIR Ensuite

Balco

ny

Bed 2

Stud

y Bed 3WIR

Bed 3WIR

robe

lin.

0

©TVS architects

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24/03/2016 1:11:27 PM


Scale @ A3 1 : 100Typical Unit Plan E Ground Scale @ A3 1 : 100

Typical Unit Plan E Level 1

Area Schedule Unit E

Name AreaBalcony/ Terrace 42.71 m²Unit E 128.17 m²


767 Adopted Report


Boun

dary

Boun

dary


Boun

dary

Boun

dary

03

11

01

02

14

13

02

08

09

02

11

12

04 Sandstone cobble wall

01 Lightweight perforated alum screens

02 Weathered corten steel panels

03 Feature decorative alum screen

05

06

07

08

Teak

Ironbark

Dulux 'Rodham'

Dulux 'Lexicon half'

10 Greenwall with climbing plants

11

12

13

Frameless glass balustrade

Semi-frameless glass balustrade,Monument powdercoatFull height glazing with colour backglass spandrel panels

14Dulux 'Lexicon Half' Painted conctereunpstand with corten steel feature trim

08 Dulux 'Domino'

15Dulux 'Domino' Sunhood with alumperforated screen

0

©TVS architects

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24/03/2016 1:12:25 PM

5500.1.20.1PENINSULA PROPERTIES (QLD) P/L Elevations Overall

Scale @ A3 1 : 400North Elevation

Scale @ A3 1 : 400East Elevation


768 Adopted Report

RL6.530 Ground FloorRL9.530 Level 1

3000

RL12.530 Level 2RL15.530 Level 3RL18.530 Level 4RL21.530 Level 5RL24.530 Level 6RL27.530 Level 7RL30.530 Level 8RL33.530 Level 9RL36.530 Level 10RL39.530 Level 11RL42.530 Level 12RL45.530 Level 13RL48.530 Level 14RL51.530 Level 15RL54.530 Level 16RL57.530 Level 17RL60.530 Level 18RL63.530 Level 19RL66.530 Level 20RL69.530 Level 21RL72.530 Level 22RL75.530 Level 23RL78.530 Level 24RL81.530 Level 25RL84.530 Level 26RL87.530 Level 27RL90.530 Level 28RL93.530 Level 29RL96.530 Level 30RL99.530 Level 31

Boun

dary

Boun

dary

RL6.530 Ground FloorRL9.530 Level 1

3000

RL12.530 Level 2RL15.530 Level 3RL18.530 Level 4RL21.530 Level 5RL24.530 Level 6RL27.530 Level 7RL30.530 Level 8RL33.530 Level 9RL36.530 Level 10RL39.530 Level 11RL42.530 Level 12RL45.530 Level 13RL48.530 Level 14RL51.530 Level 15RL54.530 Level 16RL57.530 Level 17RL60.530 Level 18RL63.530 Level 19RL66.530 Level 20RL69.530 Level 21RL72.530 Level 22RL75.530 Level 23RL78.530 Level 24RL81.530 Level 25RL84.530 Level 26RL87.530 Level 27RL90.530 Level 28RL93.530 Level 29RL96.530 Level 30RL99.530 Level 31

Boun

dary

Boun

dary

01

02

15

04 Sandstone cobble wall

01 Lightweight perforated alum screens

02 Weathered corten steel panels

03 Feature decorative alum screen

05

06

07

08

Teak

Ironbark

Dulux 'Rodham'

Dulux 'Lexicon half'

10 Greenwall with climbing plants

11

12

13

Frameless glass balustrade

Semi-frameless glass balustrade,Monument powdercoatFull height glazing with colour backglass spandrel panels

14Dulux 'Lexicon Half' Painted conctereunpstand with corten steel feature trim

08 Dulux 'Domino'

15Dulux 'Domino' Sunhood with alumperforated screen

0

©TVS architects

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24/03/2016 1:13:27 PM

5500.1.21.1PENINSULA PROPERTIES (QLD) P/L Elevations Overall

Scale @ A3 1 : 400South Elevation

Scale @ A3 1 : 400West Elevation


769 Adopted Report

Security Gate

2550

2550

2550

Courtyard

LobbyBeyond

Basement 1

Basement 2

Basement 3

Basement 4

Basement 1

Basement 2

Basement 3

Basement 4

RL6.530 Ground Floor

RL9.530 Level 1

RL12.530 Level 2

RL5.530 Street Level

RL3.730 Basement 1

RL0.930 Basement 2

RL-1.870 Basement 3

RL-4.670 Basement 4

Pool

Meeting Room

Lobby

Basement 1

Basement 2

Basement 3

Basement 4

Ramp down to Basement

Existing wall

RL6.530 Ground Floor

RL9.530 Level 1

RL5.530 Street Level

RL3.730 Basement 1

RL0.930 Basement 2

RL-1.870 Basement 3

RL-4.670 Basement 4

0

©TVS architects

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24/03/2016 1:15:33 PM

5500.1.25.2PENINSULA PROPERTIES (QLD) P/L Basement Sections

Scale @ A3 1 : 200Ramp Section

Scale @ A3 1 : 200Lobby/ Pool Section

Scale @ A3 1 : 200Fire Stair Section


770 Adopted Report

©TVS architects

9-11 Thornton St, Surfers Paradise24/03/2016 2:27:13 PM

5500.1.28.2PENINSULA PROPERTIES (QLD) P/L Perspectives


771 Adopted Report

ITEM 7 CITY DEVELOPMENT BRANCH PRELIMINARY APPROVAL PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE (INCLUDING APARTMENT, AGED PERSONS ACCOMMODATION, ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS, CAFÉ, CHILD CARE CENTRE, COMMERCIAL SERVICES, COMMUNITY CARE CENTRE, CONVENIENCE SHOP, DISPLAY HOME, ESTATE SALES OFFICE, HOME OCCUPATION, HOME OFFICE, INDOOR RECREATION FACILITY, LAUNDROMAT, MEDICAL CENTRE, OPEN SPORTS GROUND, OUTDOOR SPORT AND RECREATION (PUBLIC GOLF COURSE), PRIVATE RECREATION, RESTAURANT, RESORT HOTEL, SHOP AND TAKEAWAY FOOD PREMISES) AND A PRELIMINARY APPROVAL PURSUANT TO SECTION 241 OF THE SUSTAINABLE PLANNING ACT 2009 FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - LOT 3 ON SP180236, LOT 300 AND LOT 301 ON SP134117 - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4

Refer 167 page attachment

1 OVERVIEW

Site address 4 - 16 Bowden Court, 74 Riverview Road and 5 Eden Court, Nerang

Application description

• Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code (including Apartment, Aged Persons Accommodation, Attached Dwellings and Medium Density Detached Dwellings, Café, Child Care Centre, Commercial Services, Community Care Centre, Convenience Shop, Display Home, Estate Sales Office, Home Occupation, Home Office, Indoor Recreation Facility, Laundromat, Medical Centre, Open Sports Ground, Outdoor Sport and Recreation (Public Golf Course), Private Recreation, Restaurant, Resort Hotel, Shop and Takeaway Food Premises); and

• Preliminary Approval pursuant to section 241 of the Sustainable Planning Act 2009 for Operational Works (Changes to Ground level).

Decision due date 17 August 2016

Preliminary Approval (section 242)- Material Change of Use

The proposal seeks to vary the effect of the local planning instrument, by introducing the Nerang TOD- Apartments at The Villa and Bowden Street Development Code (herein referred to as the Nerang TOD Code) that is intended to be the planning instrument for all future development on the site. The Nerang TOD Code proposes to vary the local planning instrument as follows:

• Replaces the Guragunbah Local Area Plan in its entirety;

• Replaces the Nerang Local Area Plan in its entirety;

• Modifies and removes a number of provisions of the following Specific Development Codes:

− Retail and Related Establishments;


772 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4

Proposal

− Working from Home;

− Display Homes and Estate Sales Offices;

− Caretaker’s Residence;

− Aged Persons Accommodation;

− Attached Dwellings and Medium Density Detached Dwellings;

− Child Care Centre;

− Low Rise Apartment Building;

− High Rise Residential and Tourist Accommodation;

− Landscape Work;

− Vegetation Management; and

− Changes to Ground Level and Creation of New Waterbodies.

• Modifies PC15, AS15.1 and AS15.2 and PC16, AS16.1and AS16.2 of the Car Parking, Access and Transport Integration Constraint Code.

Although this Preliminary Approval does not allow development to proceed, it does allow a planning framework to be established that facilitates future development on the site.

The Nerang TOD Code guides development of two (2) significant parcels of land (totalling 23.05ha) located north and west of the Nerang Railway Station.

The two (2) separate parcels of land are known as The Villa Site and The Bowden Site and are subject to two (2) different development concepts as proposed by the Nerang TOD Code.

The Villa Site (21.66ha)

• Maximum building height- 13 storeys

• Maximum residential density- 946 dwellings

The Bowden Site (1.39ha)

• Maximum building height- 4 storeys

• Maximum residential density- 224 dwellings Note: Development exceeding the above building height and/or accommodation density provisions fall outside of the parameters of the Nerang TOD Code and will requirement assessment against the local planning instrument in effect at the time of lodgement.

Preliminary Approval (section 241)- Operational Works

A Preliminary Approval for Operational Works (Changes to Ground Level) is sought over The Villa Site. This Preliminary Approval does not authorise works to commence, but it grants in principle support to establish the designated flood level and design levels of the site. Setting the designated flood and design levels creates flood free building pads for future development proposed by the section 242 Preliminary Approval.


773 Adopted Report


Key Considerations

Issue Resolution

Non-compliance with the lower order provisions of the Gold Coast Planning Scheme 2003

Supported- appropriate outcome achieved.

Any identified non-compliance occurs against the lower order provisions of the Planning Scheme only. These non-compliances are considered minor in nature. The proposed parameters of the Nerang TOD Code are considered to comply with the higher order provisions of Scheme, particularly the Local Area Plan specific Desired Environmental Outcomes and the City Wide Desired Environmental Outcomes.

City Plan

The application was lodged on 12 September 2014 and entered decision stage on 30 September 2015. A changed application pursuant to section 354 of the SPA 2009 was lodged by the Applicant on 27 May 2016 to address issues raised by submitters (i.e. a reduction in height and density). A minor change application pursuant to section 350 of the SPA 2009 was then lodged with Council on 21 June 2016 to correct grammatical errors and inconsistencies within the proposed Code. There were no changes proposed to the development parameters of the Code as part of this minor change application.

The assessment of the application has been made against the Planning Scheme inforce at the time of the decision making period commencing. The City Plan was not in effect when the application originally entered decision stage.

In accordance with section 317 of


774 Adopted Report


the SPA 2009, while Officers have had regard to City Plan, the assessment of this application has focused primarily on the 2003 Planning Scheme as the changes to the application only sought to reduce the scale of the development and correct minor inconsistencies.

Building Height Supported- appropriate outcome achieved.

The proposed building heights for The Villa Site provide a mix of medium and high rise development in an open space landscape setting. The site layout ensures the built form is well separated from adjoining residential properties. The placement of towers and height distribution has also been carefully considered. The Code provides an outcome that concentrates the tallest towers in the centre of the site, whilst transitioning to a medium rise form towards the periphery of the site. This ensures an appropriate interface exists with the adjoining low rise residential properties.

The Bowden Site provides an appropriate height when considering the adjoining built form, its proximity to the Nerang Railway Station and its unique site characteristics that see the site adjoin either a public park or public road on all boundaries.

Although detailed building design will be determined by future development permits, the Code includes a number of building design and siting provisions to ensure a high quality outcome is achieved.


775 Adopted Report


Accommodation Density and Infrastructure Capacity


The Nerang TOD Code includes provisions to ensure all development (including its associated aspects such as communal open space, car parking and landscaping) can be comfortably accommodated on site. The maximum number of buildings permitted on site, along with the location of building footprints has been secured within the Code. A plan has also been introduced that enforces minimum setback provisions to ensure sufficient separation exists to adjoining properties.

Technical reports submitted demonstrate that sufficient capacity exists within the network, subject to non-trunk augmentation works to sewer and water infrastructure.

The technical report and conditions by Officers were based on 1,618 dwellings and not the reduced yield of 1,170 dwellings proposed by the Applicant as part of the ‘changed application’ (refer to section 4.5 for further detail).

In respect to stormwater on The Villa Site, the development will not have a detrimental impact on the existing network as the application includes a Preliminary Approval to lower the permanent water level of the existing lake. Development within The Bowden Site can be accommodated within the existing network, with use of on-site treatment and detention.

Traffic impacts on the existing road network


Road and Pavement Capacity


776 Adopted Report


The Applicant is conditioned to remove the existing chevron line marking to the cul-de-sac head on Riverview Road that forms the main entry to The Villa Site. A condition has been enforced requiring a road and pavement impact assessment report to be submitted and approved by Council, in conjunction with the lodgement of any future development permit for Operational Works, Material Change of Use or Reconfiguring a Lot (whichever occurs first).

This report is required to assess the existing pavement condition of Bowden Court, Paradise Street, Riverview Road and Warrener Street. Based on these findings and review by Council, pavements may need to be upgraded to meet current standards.

Intersection Capacity All intersections within the local road network (Council roads) are expected to operate within performance thresholds once taking into account the additional traffic generated as a result of the development.

This is with the exception of the State controlled signalised intersection at Nerang Broadbeach Road and Warrener Street. The State provided a Concurrence Agency response with conditions that must be attached to any development approval. One condition requires remedial works to be undertaken on Warrener Street within the existing road reserve to increase capacity.

The traffic report and conditions were based on 1,618 dwellings


777 Adopted Report


and not the reduced yield of 1,170 dwellings proposed by the Applicant as part of the ‘changed application’ (refer to section 4.5 for further detail).

Flooding- There is a 15mm flood level increase to the private property upstream of the site. The development also proposes an access/egress road to Building 1 and Building 2 (fronting the Nerang River) that has no flood free access during a Q100 event.


A consent letter has been provided from the adjoining property upstream (Lot 30 and Lot 31 on RP839869) accepting the 15mm flood level increase.

As Building 1 and Building 2 have no flood free access, a flood management plan has been conditioned. This must be submitted to and approved by Council in conjunction with the lodgement of any development permit for Material Change of Use, Reconfiguring a Lot or Operational Works application, (whichever occurs first).

Public Notification

Objections Support

• 310 properly made objections;

• 2 properly made petitions (with 34 names and 230 names); and

• 4 not properly made objections.

Nil.

Key issues raised by submitters

Conflict with the Gold Coast Planning Scheme 2003, conflict with the City Plan, conflict with the surrounding established character, building height, building shadow, visual impact, architecture and building bulk, residential density, provision of retail/ commercial gross floor area, building setbacks, site coverage, noise, impacts of artificial lighting, car parking, traffic, bicycle parking, infrastructure capacity, impacts during construction stage, development subject to flooding, environmental impacts, open space park, safety, pollution, reduction of property values, quality of drawings on PD online, ineffective public consultation, impact upon emergency situations, existing wharf/pontoon, easement arrangement, neighbouring owner’s consent for easement arrangement, site inspection by Council officers.

Referral agencies Department of Infrastructure, Local Government and Planning- Concurrence Agency (State transport infrastructure, coastal


778 Adopted Report


management district, public passenger transport and railway)

Officer's recommendation

Approval

1 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

7.2 City Plan

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 Architect 11.6 Gold Coast Water 11.7 City Infrastructure 11.8 Plumbing and Drainage 11.9 Environmental Assessment 11.10 Operational Works 11.11 Hydraulics and Water Quality 11.12 Arborist 11.13 Landscape Assessment 11.14 Geotechnical Engineering 11.15 Social Planning

12 EXTERNAL REFERRALS

12.1 Concurrence agencies

13 DEVELOPMENT INFRASTRUCTURE


779 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 14 PUBLIC NOTIFICATION

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

16 CONCLUSION

17 NOTIFICATIONS

18 RECOMMENDATION

2 EXECUTIVE SUMMARY

The Applicant is seeking a Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code and a Preliminary Approval pursuant to section 241 of the Sustainable Planning Act 2009 for Operational Works (Changes to Ground Level), located at 4 - 16 Bowden Court, 74 Riverview Road and 5 Eden Court, Nerang, properly described as Lot 3 on SP180236, Lot 300 and Lot 301 on SP134117.

Pursuant to the Gold Coast Planning Scheme 2003, the subject site is located within two (2) Local Area Plans. The Villa Site is located the Guragunbah Local Area Plan and The Bowden Site falls within Sub-Precinct 1 (Railway Residential) of the Railway Precinct (Precinct 4) of the Nerang Local Area Plan.

The preliminary approval seeks the introduction of the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, June 2016, Version 4 that is intended to be the planning instrument for all future development on the site. Although this Preliminary Approval does not allow development to proceed, it does allow a planning framework to be established that facilitates future development on the site.

The Nerang TOD Code proposes to vary the local planning instrument as follows:










The Villa Site The Bowden Site

• Maximum Building Height- 4 to 13 storeys • Maximum Building Height- 4 storeys

• Maximum Density- 946 dwellings (1 dwelling per 228.98m²)

• Maximum Density- 224 dwellings (1 dwelling per 62.14m² of net site area)


780 Adopted Report





− Landscape Work;




In response to public notification, 310 properly made submissions were received, two (2) properly made petitions (34 and 230 signatures) and four (4) not properly made objections. The points of objection have been listed within section 1 and 14 of this report, where submissions have also been addressed. Suitable conditions have been included in the Officer’s recommendation to address each submission where appropriate. The submissions do not warrant the refusal of this application.

The application was referred to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency. A response dated 30 September 2015 provided conditions. As a result of the changed application lodged by the Applicant on 27 May 2016 (discussed in detail within section 4.5), the State issued an amended Concurrence Agency response dated 21 June 2016, providing conditions that must be attached to any development approval. The State provided additional correspondence on 21 June 2016, confirming that the minor change application lodged 21 June 2016, subsequent to the changed application (discussed in detail within section 4.5), would not require an amended Concurrence Agency response.

Officers have undertaken an assessment of the proposal and are recommending the application be approved, subject to conditions provided in the Officer’s recommendation.

3 APPLICATION INFORMATION

Real property description Lot 3 on SP180236, Lot 300 and Lot 301 on SP134117

Applicant Nifsan Developments Pty Ltd C/- Cardno HRP

Owner at time of lodgement Nifsan Developments Pty Ltd and Windsor Development Holdings Pty Ltd

Current owner Nifsan Developments Pty Ltd and Windsor Development Holdings Pty Ltd

Site area 23.05ha

Date application received 12 September 2014

Date entered decision • Originally- 30 September 2015

• Restarted- 22 June 2016 as an amended Concurrence Agency response was provided


781 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 LAP & Precinct Part Guragunbah Local Area Plan and Part Sub-

Precinct 1 (Railway Residential) of the Railway Precinct (Precinct 4) of the Nerang Local Area Plan

City Plan Limited Development (Constrained Land) Zone and Medium Density Residential Zone

Decision type • Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the local planning instrument for the land being developed in accordance with the Nerang Transit Oriented Development - Apartments at The Villa and Bowden Street Development Code (including Apartment, Aged Persons Accommodation, Attached Dwellings and Medium Density Detached Dwellings, Café, Child Care Centre, Commercial Services, Community Care Centre, Convenience Shop, Display Home, Estate Sales Office, Home Occupation, Home Office, Indoor Recreation Facility, Laundromat, Medical Centre, Open Sports Ground, Outdoor Sport and Recreation (Public Golf Course), Private Recreation, Restaurant, Resort Hotel, Shop and Takeaway Food Premises); and


4 BACKGROUND

4.1- Existing Approvals

74 Riverview Road, Nerang (Lot 300 on SP134117)

On 3 September 2007, the Manager of Implementation and Assessment approved a Material Change of Use (Impact Assessment) for Reception Room (including Associated Accommodation), Indoor Recreation Facility (Limited Membership Club), Outdoor Sport and Recreation (Tennis Courts and Private Golf Course for use by members and function attendees only) and Caretaker’s Residence. Council reference: PN237464/01/DA3

4-16 Bowden Court, Nerang (Lot 3 on SP180236)

On 15 July 2004, the Manager of Implementation and Assessment approved a boundary realignment for the purposes of a road. Council reference: PN158830/02/DA2.


782 Adopted Report


Image 1- Plan showing approved new road alignment

On 20 November 2006, Council approved a Reconfiguring a Lot to establish 56 standard format lots within a community management scheme, Material Change of Use to establish Attached Dwellings (56 units) and Operational Works (Changes to Ground Level). Council reference: PN158830/123/DA7

The above also incorporated the new road and boundary realignment.

4.2- Protection of Golf Courses (Gold Coast Planning Scheme 2003 Amendment)

On 22 February 2011, Council resolved to exclude The Villa Site from the Protection of Golf Courses- 2003 Gold Coast Planning Scheme Amendment. This was on the basis that the site was considered by Council to have a significant strategic planning role in supporting transit oriented development and in achieving outcomes of the South East Queensland Regional Plan (SEQRP) that relate to compact development (Part D, Section 8).

The following extract is from the Sustainable City Future Committee Meeting:

“It is recommended that The Villa golf course is no longer included in the draft Amendment Package due to its location near the Nerang Railway Station and Major Activity Centre. Given its location, the subject site is considered to have a significant planning role in supporting transit oriented development principles and the achievement of the outcomes regarding compact settlement (Part D Section 8) of the SEQ Regional Plan. It is considered that the current designation allows for the subject site to achieve some of the regional outcomes while also preserving the hydraulic functions of the Guragunbah flood plain.”


783 Adopted Report


4.3- Intra-Regional Transport Corridor (IRTC)

The Intra-Regional Transport Corridor is a proposed urban arterial road that will provide a connection from Coomera to Nerang. The IRTC was gazetted on 18 March 2016 and bisects part of the site (Lot 300 on SP134117). The below image identifies the location of the IRTC through the subject site, east of the railway corridor. The Nerang TOD Code has this area of land allocated within The Villa Communal Open Space Precinct (Precinct 3).

Image 2- Location of proposed IRTC

4.4- Pre-lodgement Meeting

A number of Pre-lodgement Meetings were held in relation to the proposal prior to lodgement. Dates and details of these meetings are included below:

• 13 May 2013- Discussed issues associated with building height, residential density, building separation and the parameters of the development code.

• 18 October 2013- Discussed issues associated with the designated flood levels of the site.

• 29 July 2014- Discussed issues associated with building height, residential density and specific development provisions such as siting, separation and building appearance. This meeting also discussed the appropriate format of the application as a section 242 Preliminary Approval to vary the effect of the planning scheme and a section 241 Preliminary Approval for Operational Works Changes to Ground Level.


784 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 4.5- Progress of Development Application

The development parameters being sought by the application have undergone a number of changes throughout the course of the assessment. There have been changes to the proposed land uses sought by the Code to address concerns raised by Officers, however the more significant changes related to building height and density as identified below.

Original Application

Information Response

Changed Application (lodged in Decision Stage- May 2016)

Minor Change Application (lodged in Decision Stage- June 2016)

Building Height

The Villa Site- 6 to 30 storeys

The Bowden Site- 5 to 11 storeys


The Bowden Site- 5 to 11 storeys


The Bowden Site- 4 storeys

No change to building height.

Density 1,632 dwellings

The Villa Site- 1328

The Bowden Site- 304

1,618 dwellings

The Villa Site- 1314


1,170 dwellings

The Villa Site- 946


No change to density.

The Applicant lodged a changed application pursuant to section 354 of the SPA 2009 on 27 May 2016. As detailed above, the changed application was submitted in decision stage and was in response to issues raised by submitters.

On 21 June 2016, a minor change application pursuant to section 350 of the SPA 2009 was lodged with Council correct grammatical errors and inconsistencies within the proposed Code. There were no changes proposed to the development parameters of the Code.

The below proposal and assessment herein is based on the information submitted as part of the most recent submission to Council.

5 PROPOSAL

The development application seeks a Preliminary Approval for Material Change of Use pursuant to section 242 of the Sustainable Planning Act 2009 and a Preliminary Approval for Operational Works pursuant to section 241 of the Sustainable Planning Act 2009.

5.1 Preliminary Approval (section 242) - Material Change of Use

The development application seeks to:

• Introduce a development code (Nerang TOD- Apartments at The Villa and Bowden Street Development Code) for the assessment of all future applications for Material Change of Use, Reconfiguring a Lot and Operational Works applications on the site;

• Establish levels of assessment that will override the local planning instrument;

• Obtain certainty in relation to supported land uses, maximum building heights and density;


785 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • Establish a 15 year prescribed period (lapsing date if development is started but not

completed) in accordance with section 343(3)(b) of the SPA 2009. The Nerang TOD Code seeks to vary the effect of the local planning instrument as follows:













− Landscape Work;




Nerang TOD- Apartments at The Villa and Bowden Street Development Code

The Nerang TOD Code seeks the establishment of two (2) different development concepts to reflect the change in zoning and constraints of each site. Land to the north falls within the Guragunbah Local Area Plan (known as The Villa Site), with land to the south falling within the Nerang Local Area Plan (known as The Bowden Site).

The Nerang TOD Code is comprised of the following components: 1) Intent 2) Application 3) Desired Environmental Outcomes 4) Local Values 5) Precincts 6) Table of Development 7) Relevant Codes 8) Nerang TOD- Apartments at The Villa and Bowden Street Place Code A number of drawings and plans guide development of the site and are also referenced within the Code. Amongst other things, these drawings are responsible for identifying precincts, regulating building heights, residential densities, building setbacks, building locations, landscaping and vegetation retention.


786 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The Desired Environmental Outcomes specific to the Guragunbah Local Area Plan and Nerang Local Area Plan are proposed to be overridden and replaced by the Desired Environmental Outcomes of the Nerang TOD Code.

The Nerang TOD Code seeks the establishment of four (4) individual precincts as detailed below. The proposed boundaries and building pad locations reflect areas of the site above the Q100 designated flood level.

Image 3- Proposed precinct plan

Precinct 1- The Villa Residential Precinct

This precinct is intended to comprise predominately of residential development, in an attempt to offer a significant population density within walking distance of the Nerang Railway Station and bus interchange. This precinct may also accommodate a limited amount of retail and commercial gross floor area. It is envisaged that a restaurant, café or similar natured use overlooking the lake would be established as an attractive and unique dining facility for both residents of the development and the general public. Non- residential uses within this precinct are capped at a maximum GFA of 500m².

Precinct 2- The Bowden Street Precinct

This precinct accommodates predominately residential development due to its proximity to the Nerang Railway Station and bus interchange. The establishment of local convenience facilities are supported within Building 6, with the uses limited in scale to serve the immediate neighbourhood and travelling public only. Non-residential uses within this precinct are capped at a maximum GFA of 500m².


787 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Precinct 3- The Villa Communal Open Space Precinct

This precinct contains approximately 16ha to 17ha of open space. This precinct will accommodate the existing golf course and lake system, with a small number of greens and fairways being redesigned in acknowledgement of the development proposal. The area will be maintained as common property and is tied to The Villa residential development.

This precinct may also accommodate a maintenance facility and/ or small clubhouse (ancillary to the Golf Course), limited to one (1) storey in height.

Precinct 4- Public Open Space Precinct

This precinct relates to 4,090m² of land directly adjoining the existing 1,977m² local park (Riverbend Park) at the intersection of Riverview Road and Eden Court. This land is being dedicated to Council as public open space in the form of a landscape amenity park. Any further upgrades or embellishments will be at the discretion of Council.

A summary of the proposed parameters for each development concept are provided below:

The Nerang TOD- Apartments at The Villa and Bowden Street Development Code

The Villa Site

(Guragunbah LAP)

The Bowden Site

(Nerang LAP)

Site Area 21.66ha 1.39ha

Number of Precincts 3 1

Minimum Building Height 4 4

Maximum Building Height 13 4

Maximum number of Dwellings

946 224

Maximum Density 1 dwelling per 228.97m² 1 dwelling per 62.14m²

Number of buildings 10 6

List of Self Assessable uses Display Home, Estate Sales Office, Home Office, Temporary

Use, Public Utility

Display Home, Estate Sales office, Home Office, Temporary

Use

List of Code Assessable uses

Aged Persons Accommodation (where only located in Building 3, 4, 5, 6, 7, 8, 9 and 10 only),

Apartment, Café (less than 250m²), Private Recreation,

Restaurant (less than 500m²), Telecommunications Facility,

Home Occupation, Open Sports Ground and Outdoor Sport and Recreation (Public Golf Course

Only).

Aged Persons Accommodation, Apartment, Caretaker’s

Residence, Child Care Centre, Private Recreation and Home

Occupation.

Where located on ground floor in Building 6 and combined total not

exceeding 500m²; Café, Commercial Services,

Convenience Shop, Laundromat, Medical Centre, Restaurant, Shop and Take-Away Food Premises.


788 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 List of Impact Assessable uses

Attached Dwellings and Medium Density Detached Dwellings, Café nei, Child Care Centre,

Community Care Centre, Indoor Recreation Facility, Reception

Room, Resort Hotel, Restaurant n.e.i

Attached Dwellings and Medium Density Detached Dwellings, Café n.e.i, Commercial Services n.e.i, Medical Centre n.e.i, Restaurant

n.e.i, Shop n.e.i., Take-Away Food premises n.e.i,

Telecommunications Facility n.e.i

The maximum building height proposed by the Code is detailed below:

Image 4- Maximum building height


789 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The maximum density proposed by the Code is detailed below:

Image 5- Maximum density distribution


790 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The minimum setbacks from the site boundaries required by the Code are detailed below:

Image 6- Minimum setback requirements

Car Parking and Access

Access to The Villa Site is proposed from an existing unused cul-de-sac off Riverview Road.

Access to The Bowden Site is proposed from two (2) new vehicle crossovers off Bowden Court.

The Code proposes the following car parking rates:

• One (1) space per 1 bedroom unit;

• 1.25 spaces per 2 bedroom unit;

• Two (2) spaces per 3 bedroom and larger units;

• One (1) space per 10 units (visitors);

• One (1) space per Home Occupation, in addition to the car parking required for the associated residential unit; and

• One (1) space per 100m² of TUA for non-residential uses.

The Code proposes the follow bicycle parking rates:

• One (1) space per unit (residents);

• One (1) space per 6 units (visitors);


791 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • 1 space per 100m2 of TUA for staff of non-residential uses (Class 2); and

• 1 space per 50m2 of TUA for visitors of non-residential uses (Class 3).

Water and Sewer

Connections to both water and sewer are available to the site. The proposed development is inconsistent with the assumptions made about the type, scale, location and timing of future development stated in the Local Government Infrastructure Plan (LGIP) and places more demand on the existing non-trunk infrastructure. Non-trunk augmentation works are therefore proposed to accommodate the increased density.

The above was based on 1,618 dwellings and not the reduced yield of 1,170 dwellings proposed by the Applicant as part of the ‘changed application’ (refer to section 4.5 for further detail). Updated technical reports were not submitted by the Applicant to reflect the reduction in density, with Officers’ assessment made on the original technical reports. 5.3 Preliminary Approval (section 241) - Operational Works


The proposed designated flood levels for the Villa Site are as follows:

• Lot 300 SP134117 is 5.52m AHD (Reference Points: RP29, RP30 and RP31)

• Lot 300 SP134117 is 5.1m AHD (Reference Point: RP38)

• Lot 301 SP134117 is 5.52m AHD (Reference Point: RP29)

The application also seeks Preliminary Approval to lower the permanent level of the lake from 2m AHD to 1m AHD. This will not only provide detention storage but also aid in ensuring the development pads are above Q100.

Flood free access is proposed to all building pads, with the exception of an internal access/egress roadway that connects the main portion of development to Building 1 and Building 2 (fronting the Nerang River). In a Q100 flood, this portion of the access road peaks at 740mm, for a wading distance of approximately 160m, with a velocity of approximately 0.5m/s.

6 SITE & ENVIRONMENT

6.1 Characteristics of site

The subject site is comprised of three (3) allotments located at 4-16 Bowden Court, 74 Riverview Road and 5 Eden Court, Nerang, properly described as Lot 3 on SP180236, Lot 300 and Lot 301 on SP134117 as identified below.


792 Adopted Report


Image 7- Subject sites

This sites have a combined area of 23.05ha, with each individual allotment as follows:

• 4-16 Bowden Court, Nerang (L3 on SP180236)- 1.392ha

• 74 Riverview Road, Nerang (L300 on SP134117)- 20.277ha

• 5 Eden Court, Nerang (L301 on SP134117)- 1.384ha

The allotments forming The Villa Site (74 Riverview Road and 5 Eden Court) total 21.66ha, with The Bowden Site (4-16 Bowden Court) totalling 1.39ha.

The sites are situated at the interface of the Nerang Local Area Plan and the Guragunbah Local Area Plan.

The Villa Site

As per Overlay Map 14.7- Conceptual Land Use Themes, The Villa Site is located within the Rural Residential, Low/Medium Density and Active/ Passive Recreation conceptual land use categories of the Guragunbah Local Area Plan.


793 Adopted Report


Image 8- Subject site falling under the Guragunbah Local Area Plan

The Villa Site is improved by a Reception/ Function Centre, Indoor Recreation Facility (Limited Membership Club), Outdoor Sport and Recreation (Tennis Courts and Private Golf Course) and a Caretaker’s Residence.

The site undulates in topography with spot levels ranging between 0.84m AHD at the eastern extent of Lot 300, to 6.44m AHD around the existing building located in the south west corner of Lot 300. The site contains protected vegetation and also falls part of an easement providing shared access between the subject site (Lot 301) and the development to the west (Lot 30 and Lot 31 on RP839869).

The Bowden Site

The Bowden Site falls within Sub-Precinct 1 (Railway Residential) of the Railway Precinct (Precinct 4) of the Nerang Local Area Plan.


794 Adopted Report


Image 9- Subject site falling under the Nerang Local Area Plan

The Bowden Site remains vacant, is generally flat in topography and cleared of any significant vegetation.


795 Adopted Report


The Villa Site- Inspection Photos

Image 10- 74 Riverview Road, Nerang- The Villa Golf Course


796 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Image 11- 74 Riverview Road, Nerang- The Villa Golf Course

Image 12- 74 Riverview Road, Nerang- The Villa Golf Course

Image 13- Shared existing access easement arrangement between 5 Eden Court and 7 Eden Court


797 Adopted Report


Image 14- Existing Riverbend Park and area of land on The Villa Site to be dedicated to Council.

Image 15- Existing cul-de-sac off Bowden Court proposed access point for the Villa Site


798 Adopted Report


Image 16- Existing development adjoining access easement


799 Adopted Report


Image 17- Existing property 5 Eden Court

The Bowden Site- Inspection Photos

Image 18- Subject site facing south towards Boulton Park

Image 19- Subject site facing south showing drainage channel existing within Boulton Park


800 Adopted Report


Image 20- Subject site facing east towards Billabong estate


801 Adopted Report


Image 21- Subject site facing north

Image 22- Subject site facing west showing existing stormwater surface drain and properties that front Paradise Street whilst backing onto Boulton Park


802 Adopted Report


Image 23- Existing facilities within Boulton Park adjoining the site

Please refer to Attachment 1 for an aerial photo of the subject site.

6.2 Characteristics of surrounding environment

The Villa Site

The site abuts the Nerang River to the immediate north and east and the site adjoins Riverview Road and Riverbend Park to the south. To the west, the site abuts an existing residential property benefiting from a recently granted development permit (in 2015) at 5,7 and 9 Eden Court, Nerang.

This Eden Court site totals 2.64ha in area and the approval granted the establishment of an Apartment development (consisting of five (5) buildings). The development approved a residential density of 1 dwelling per 155.5m² or 1 bedroom per 72.43m² and building heights as follows:

• Building 1 (22.9m): 7 levels of apartments and a undercroft car park;

• Building 2 (27.57m): 8 levels of apartments, a basement car park and undercroft car park;

• Building 3 (38.6m): 12 levels of apartments, a basement car park and undercroft car park;

• Building 4 (31.4m): 10 levels of apartments, a basement car park and undercroft car park; and

• Building 5: 2 levels, 1 level for manager’s apartment and ground level for communal amenities.


803 Adopted Report


Image 24- Approved site plan of adjoining property to the west

The Bowden Site

The site immediately abuts Bowden Court to the north and east and Boulton Park to the west and south.

The broader area surrounding both allotments is characterised as follows:

• North- The opposing side of the Nerang River is primarily comprised of low density residential development.

• East- Further east, between the site and the rail line is established residential development including apartment buildings up to three (3) storeys in height. A Preliminary Approval (granted in 2007) permitted the establishment of a mixed use development on the eastern side of the Nerang Railway Station. This approval has now lapsed, but did support a maximum height of 7 storeys. (Council reference: PN213378/13/DA2)


804 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TOD - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4

Image 25- Approved site plan

• South- Low density residential development exists between the subject site and Nerang Broadbeach Road. An industrial precinct is located on the opposing side of Nerang Broadbeach Road.

• West- Low density residential development and Burchill Park exists west of the site, adjacent to the Pacific Motorway.

Please refer to Attachment 2 for an aerial photo of the subject site in context of the surrounding environment.

7 PLANNING ASSESSMENT

This development application is made under sections 241 and 242 of the Sustainable Planning Act 2009.

Preliminary Approval process for future applications under the City Plan

This preliminary approval application was lodged in 2014 under the Gold Coast Planning Scheme 2003, which at the time of lodgement was the relevant planning instrument in effect. After the application entered decision stage in September 2015, a new local planning instrument came into effect (i.e. City Plan) superseding the 2003 Gold Coast Planning Scheme.

The Officer’s recommendation varies the effect of the relevant instrument by introducing the Nerang TOD Code. This Code includes 2003 Planning Scheme codes as the relevant codes of assessment for any future development proposed on the site.


805 Adopted Report


Although all subsequent applications are required to be lodged under the City Plan (being the relevant instrument in effect at the time of lodgement), section 242 (6) of the SPA 2009 states that, to the extent the preliminary approval is different from the local planning instrument, the approval prevails.

Although future development applications will need to be lodged and assessed against the City Plan, the Preliminary Approval (i.e. Nerang TOD Code) references and utilises the 2003 Planning Scheme codes as relevant codes of assessment. As per section 242 (6) of the SPA 2009, these codes will prevail over any conflicting provisions with the City Plan. If the City Plan includes a new code or provision that the Preliminary Approval remains silent on, then that new code or provision of the City Plan (not addressed by the Preliminary Approval) is applicable and must be complied with.

Section 241- Preliminary Approval

The Applicant seeks a Preliminary Approval pursuant to section 241 for Operational Works (Changes to Ground Level).

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 application against each of the following matters to the extent relevant:

• the State planning regulatory provisions The relevant State planning regulatory provisions that apply are:

• South East Queensland Regional Plan 2009-2031

• State planning regulatory provision (adopted charges)

The subject site is identified within the urban footprint and is consistent with the intent of the SEQRP State Planning Regulatory Provisions.

No infrastructure charges are applicable as the application is for a Preliminary Approval seeking changes to ground level.

• the regional plan for a designated region The site is located within the urban footprint of the South East Queensland Regional Plan and the development proposal is considered consistent with the intent.

• Any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

Refer to discussion within the Officer’s comments section below.


806 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

The single State Planning Policy (SPP) applies to the assessment of this development application.

The development application has addressed the SPP by including all relevant technical assessment and suggested mitigation measures where applicable.

The development application has adequately addressed the requirements of the relevant State planning policies.

• A structure plan No structure plan applies to the site.

• A temporary local planning instrument No temporary local planning instrument applies to the site.

• An earlier preliminary approval to which section 242 applies

No preliminary approval applies to the site.

• A planning scheme The relevant planning scheme is the Gold Coast Planning Scheme 2003, version 1.2, amended November 2011.

An assessment of the proposal against the planning scheme is contained within the Officer’s comments section below and concludes the development can be supported, subject to conditions.

• The infrastructure charge resolution or the priority infrastructure plan.

No infrastructure charges are applicable as the application is for a Preliminary Approval seeking changes to ground Level.

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

• The common material All common material as defined under the SPA 2009 has been considered throughout the assessment.


807 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TOD - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • Any development approval for, and any lawful use

of, premises the subject of the application or adjacent premises

There is existing development approved adjacent to the premises that may materially influence the determination of the development application.

Refer to discussion within section 6 – Site and Surrounding Environment.

• Any referral agency’s response for the application

The Department of Infrastructure, Local Government and Planning provided a Concurrence Agency response with conditions that must be attached to any development approval.

Refer to discussion within section 12- External Referrals.

• The purposes of any instrument containing an applicable code.

Refer to discussion within the Officer’s comments section below.

Officer’s Comments:


Designated Flood Level

As part of the Preliminary Approval, the development has proposed to set the following designated flood levels for The Villa Site:

• Lot 300 SP134117 is 5.52 m AHD (Reference Points: RP29, RP30 and RP31)

• Lot 300 SP134117 is 5.1 m AHD (Reference Point: RP38)

• Lot 301 SP134117 is 5.52 m AHD (Reference Point: RP29)

The subject site is located at the boundary of Council’s existing flood model. A local model was developed by Cardno which proposed the levels stated above. Council’s Coordinator of Natural Hazards has accepted the above levels for this application. Therefore all hydraulic analysis/ design (e.g. floor levels, flood storage and hazard criteria of access/ egress) are to be based on the above levels.

Flood modelling indicates that minor impacts (up to 15mm) extend over the floodplain upstream. This includes the adjoining property (Lot 30 and Lot 31 on RP839869) to the west and also Council Parkland during a Q100 flood event. A letter has been submitted by the adjoining property owner accepting this 15mm flood level increase.


808 Adopted Report


Design Levels

The Preliminary Approval also proposes changes in ground level to set the design levels for the site, to establish flood free building pads and access roads internal to the site.

Flood free access is proposed to all building pads and roads, with the exception of an internal access/egress roadway that connects the main portion of development to Building 1 and Building 2 (fronting the Nerang River). This has been highlighted in the below image:

Image 26- Access road subject to flooding Q100

In a Q100 flood event, the highlighted area peaks at a depth of 740mm, for a wading distance of approximately 160m, with a velocity of 0.5m/s. Access levels to the site are set at identical levels to the approved development at 5,7 and 9 Eden Court, Nerang. Conditioning of these impacts on the proposed development have been dealt with under the section 242 Preliminary Approval.

The application also requests Preliminary Approval to lower the permanent level of the lake from 2m AHD to 1m AHD as a way of providing detention storage. This will provide sufficient mitigation for runoff and ensure there is no increase in discharge to the local catchment as a result of the development.


809 Adopted Report


The flood storage for The Villa Site is maintained, with an excess of 1,208 cubic metres (gain).

Summary of Assessment

Officers have assessed the Preliminary Approval for Operational Works (Changes to Ground Level) against the below Codes (where applicable):

Place Code Specific Development Codes Constraint Codes

Guragunbah LAP Place Code

11 Changes to Ground Level and Creation of New Waterbodies

2 Bushfire Management Areas

3 Canals and Waterways

4 Car Parking, Access and Transport Integration

6 Cultural Heritage (Indigenous)

8 Flood Affected Areas

9 Natural Wetland Areas and Natural Waterways

10 Nature Conservation

14 Sediment and Erosion Control

15 Service Roads (Pacific Motorway)

Officers are satisfied the proposal complies with the relevant provisions of the abovementioned codes. Officers have reviewed the submitted information and are satisfied the changes to ground level will not detrimentally impact upon the hydraulic functions of the site or the hydraulic performance of the wider floodplain within the Guragunbah Local Area Plan.

The changes to ground level achieve an outcome consistent with the envisaged open space landscape setting of the Guragunbah Local Area Plan and do not result in impacts which are detrimental to visual amenity. The predominant changes in ground level occur immediate to the proposed building pad locations, to create batters that then transition down to the existing ground level. The required aesthetic treatment and design of these batters are incorporated within provisions of the Nerang Transit Oriented Development Code and subsequently conditioned under the section 242 Preliminary Approval.

The changes in ground level do not detrimentally impact upon adjoining residential properties. It is a requirement of the Nerang Transit Oriented Development Code that the existing vegetation along the periphery of the site be retained. This provides visual relief to the built form and aids in maintaining the existing landscaped character. It is important to identify that existing developments to the south and west of the site are raised above designated flood level. This occurred at the time


810 Adopted Report


these dwellings were constructed. The Villa Site has remained largely undeveloped for a number of years and therefore the majority of the site is well below the designated flood level. The application seeks to ensure the building pads are raised above the designated flood level, with the change in ground level setting the proposed building pads heights to a level consistent with existing development south and west of the site.

Officers have assessed the section 241 Preliminary Approval and provide support for the application, subject to conditions. The submission of amended plans has been conditioned to ensure the bulk earthwork drawings approved as per the section 241 Preliminary Approval are consistent with the outcome supported and conditioned under the section 242 Preliminary Approval. In particular, this involves submitting amended bulk earthwork drawings to show the retention of vegetation as per the conceptual tree retention plan referenced in the Nerang Transit Oriented Development Code and the identification of the required 30 metre wide buffer (from highest astronomical tide) that shows all buildings, structures and earthworks outside of this area.

Section 242- Preliminary Approval

The Applicant seeks a Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 to vary the effect of the local planning instrument for the land being established in accordance with the Nerang Transit Oriented Development Code.

Statutory Guideline 04/09

Statutory Planning Guideline 04/09 is a guideline prepared under section 759(1) of the SPA 2009 to assist Councils in assessing and deciding applications for a Preliminary Approval to which section 242 of the SPA 2009 applies.

The guideline sets out the four stages for development assessment as follows:

• Stage 1- Assessment of the proposed development against matters within section 314.

• Stage 2- Assessment of the proposed variations against matters within section 316.

• Stage 3- When deciding the application it must be made using the decision rules in sections 323 to 326. If Council decides not to approve the proposed development then Council must also refuse the proposed variations to the planning scheme.

• Stage 4- If Council decides to approve the proposed development Council must then make a decision about the proposed variations to the planning scheme using the decision rules in sections 327 to 329

The below details the Officer’s assessment of the Preliminary Approval against the required sections of the Sustainable Planning Act 2009 and any other relevant matters identified.


811 Adopted Report


Stage 1

STAGE 1- ASSESSMENT OF PROPOSED DEVELOPMENT

(Section 314 of SPA- Impact Assessment)

This assessment relates to the development itself, and does not include consideration of the proposed variations to the planning scheme.

Subsection Assessment

1) This section applies to any part of the application requiring impact assessment.

Section 314 is relevant as the proposed development involves Impact Assessment.

2) The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development—

(a) the State planning regulatory provisions; The relevant State planning regulatory provisions that apply are:



The subject site is identified within the urban footprint and is consistent with the intent of the SEQRP State Planning Regulatory Provisions. The SEQRP recognises that not all land included in the urban footprint is automatically suitable for urban development. The description of the urban footprint states that land may be unsuitable for urban development due to constraints such as flooding, land slope, scenic amenity and the need to protect significant biodiversity values. The SEQRP states that Local Government planning schemes are the main instrument that will establish and refine the desired land use and the preferred timing of development within the urban footprint. This report provides a detailed assessment against Council’s Planning Scheme and concludes the proposed development can be supported, subject to conditions.


812 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Infrastructure charges have not been

calculated or imposed for this application, as it is a preliminary approval under section 242 of the SPA 2009. Infrastructure charges will be assessed and charged at the time of subsequent development permits.

(b) the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

The site is located within the urban footprint of the South East Queensland Regional Plan (SEQRP) which is appropriately reflected within the Gold Coast Planning Scheme. The development proposal is considered consistent with the intent of the SEQRP.

(c) if the assessment manager is not a local government—the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application;

The City of Gold Coast is the assessment manager for the development application, therefore this aspect is not applicable.

(d) State planning policies, to the extent the policies are not identified in—

any relevant regional plan as being appropriately reflected in the regional plan; or

i the planning scheme as being appropriately reflected in the planning scheme;

The single State Planning Policy (SPP) applies to the assessment of this development application. The development application has addressed the SPP by including all relevant technical assessment and suggested mitigation measures where applicable. The development application has adequately addressed the requirements of the relevant State Planning Policy.

(e) a structure plan; No structure plan applies to the site. (f) for development in a declared master

planned area—all master plans for the area;

The site is not in a declared master planned area.

(g) a temporary local planning instrument; No temporary local planning instrument applies to the site or application.

(h) a preliminary approval to which section 242 applies;

No preliminary approval currently applies to the site.

(i) a planning scheme; The relevant planning scheme is the Gold Coast Planning Scheme 2003, version 1.2, amended November 2011. An assessment of the proposal against the planning scheme is contained in Section 7.1 of this report. This concludes the proposed development can be supported, subject to conditions.


813 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 (j) for development not in a planning

scheme area—any planning scheme or temporary local planning instrument for a planning scheme area that may be materially affected by the development;

The site is in a planning scheme area.

(k) if the assessment manager is an infrastructure provider — the priority infrastructure plan.

The Local Government Infrastructure Plan is relevant to this development application.

Trunk Infrastructure Networks that may be relevant to the subject development application are:

• Water and Wastewater;

• Transport;

• Stormwater; and

• Recreation Facilities. It has been determined that infrastructure relevant to the proposed development including conditioned augmentation works is non-trunk.

3) In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following—

(a) the common material; All common material (including public submissions) as defined under the SPA 2009 has been considered as part of this assessment.

(b) any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

There is existing development approved adjacent to the premises that may materially influence the determination of the development application. Refer to discussion within section 6 – Site and Surrounding Environment.

(c) any referral agency’s response for the application.

The Department of Infrastructure, Local Government and Planning provided a Concurrence Agency response with conditions that must be attached to any development approval. Refer to discussion within section 12- External Referrals.

As discussed in detail within section 7.1 of this report, it is considered the development proposed by the Nerang Transit Oriented Development Code complies with the higher order provisions of the Gold Coast Planning Scheme 2003, including the LAP specific Desired Environmental Outcomes of the Guragunbah Local Area Plan and the Nerang Local Area Plan.


814 Adopted Report


The development satisfies the parameters described within Stage 1 and complies with section 314 of the SPA 2009.

Stage 2

STAGE 2 – ASSESSMENT OF PROPOSED VARIATIONS

(Section 316 of SPA- Assessment of Proposed Variations)

This requires the assessment of the proposed variations to the planning scheme against the matters set out in section 316 of the SPA. When considering the proposed variations to the planning scheme Council must consider the results of its assessment of the proposed

development resulting from Stage 1.


Assessment for s242 preliminary approvals that affect a local planning instrument

(1) This section applies to an application for a preliminary approval mentioned in section 242.

The application is for a Preliminary Approval pursuant to section 242.

(2) Sections 313 and 314 apply to any part of the application requiring code or impact assessment.

The application is impact assessable making section 314 relevant.

(3) Subsection (4) applies to the part of the application that states the way in which the Applicant seeks to vary the effect of any applicable local planning instrument for the land.

The Nerang TOD Code seeks to identify the preferred general pattern of development, by varying the maximum building height, maximum building density and the levels of assessment for preferred land uses. The Nerang TOD Code proposes to vary the local planning instrument as follows:













815 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 − High Rise Residential and Tourist

Accommodation;

− Landscape Work;




Refer to discussion within this stage 2 assessment below, detailing the exact extent of variation proposed.

(4) The assessment manager must assess the part of the application having regard to

(a) the common material; and The assessment has had regard to common material (including public submissions) as defined under the SPA 2009.

(b) the result of the assessment manager’s assessment of any parts of the application requiring code or impact assessment; and

The Officer’s assessment has concluded the proposed development can be supported. Refer to the below discussion and section 7.1- Planning Scheme Assessment of this report for further comments.

(c) all of the following to the extent they are relevant to the application -

(i) The State planning regulatory provisions;

The relevant State planning regulatory provisions that apply are:



The site is located within the urban footprint of the SEQRP. The variations proposed by the Nerang TOD Code are considered consistent with the Planning Scheme (as discussed in detail below) and are therefore also considered consistent with the SEQRP. Infrastructure charges have not been calculated or imposed for this application, as it is a preliminary approval under section 242 of the SPA 2009. Infrastructure charges will be assessed and charged at the time of subsequent development permits.


816 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 (ii) the regional plan for a designated

region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

The subject site is located within the urban footprint of the South East Queensland Regional Plan and is considered consistent with the intent of the SEQRP.

(iii) State planning policies, to the extent the polices are not identified in –

(A) any relevant regional plan as being appropriately reflected in the regional plan; or

The site is located within the urban footprint of the South East Queensland Regional Plan (SEQRP) which is appropriately reflected within the Gold Coast Planning Scheme.

(B) the planning scheme as being appropriately reflected in the planning scheme;

The Gold Coast Planning Scheme 2003, version 1.2, amended November 2011 is the relevant planning scheme. An assessment of the proposal against the planning scheme is contained in this report which concludes the proposed development can be supported, subject to conditions.

The development application has addressed the single State Planning Policy (SPP) by including all relevant technical assessment and suggested mitigation measures where applicable. The development application has adequately addressed the requirements of the relevant State Planning Policy.

(iv) a structure plan No structure plan applies to the site. (v) a master plan; and This site is not within a declared master

plan. (d) the consistency of the proposed

variations with aspects of the local planning instrument, other than the aspects sought to be varied; and

The proposed variations are considered consistent with the local planning instrument and do not compromise the intent of the Desired Environmental Outcomes of the Planning Scheme. Refer to discussion within section 7.1 of this report.

(e) the effect the proposed variations would have on any right of a submitter for the following applications, with particular regard to the amount of detail of supporting material for the current application available to any submitters; and

The Preliminary Approval was subject to Impact Assessment and provided a sufficient level of detail to inform any potential submitter of the scale and scope of future development on the site. Information was provided to appropriately portray the level of development, scale and intensity permitted by the proposed variations.

(f) any referral agency’s response for the application.

The Department of Infrastructure, Local Government and Planning provided a


817 Adopted Report


Concurrence Agency response with conditions that must be attached to any development approval. Refer to discussion within section 12- External Referrals.

The below identifies the extent of variation proposed by section 6 of the Nerang TOD Code to the provisions of the Guragunbah Local Area Plan and Nerang Local Area Plan.

a) Proposed variations to the Tables of Development

Material Change of Use- Table of Development A- Guragunbah Local Area Plan

Proposed change in level of assessment- ‘The Villa Site’

Note: Bold and underlining identifies where there is a change in level of assessment

Land Use Guragunbah LAP Place Code Nerang TOD Place Code (The Villa Site where in Precinct 1, unless stated otherwise)

Animal Husbandry* Unlisted Removed

Apartment* Unlisted Code

Attached Dwellings & Medium Density Detached Dwellings*

Unlisted Impact

Bed & Breakfast* Unlisted Removed

Cafe Impact Code (less than 250m²), otherwise Impact

Car Park Code Removed

Caretaker’s Residence Code Removed

Child Care Centre* Unlisted Impact

Community Care Centre*

Unlisted Impact

Conservation Exempt Exempt (Precinct 3 and 4)

Convenience Shop* Unlisted Removed

Detached Dwelling* Unlisted Removed

Educational Establishment*

Unlisted Removed


818 Adopted Report


Family Accommodation* Unlisted Removed

Family Day Care Home Exempt Exempt

Farm Forestry Code Removed

Home Office Exempt Self

Home Occupation Self Code

Hostel Accommodation Impact Removed

Indoor Recreation Facility Impact Impact

Industry* Unlisted Removed

Kennel* Unlisted Removed

Low Impact Telecommunications Facility

Exempt Exempt (Precinct 1 and 3)

Market Impact Removed

Minor Change (in scale or intensity of existing use)

Exempt Exempt (Precinct 1 and 3)

Minor Tourist Facility Code Removed

Motel* Unlisted Removed

Nightclub* Unlisted Removed

Office* Unlisted Removed

Open Sports Ground Exempt Code (Precinct 3)

Outdoor Sport and Recreation

Impact Code (Precinct 3, where for a public golf course only)

Park Exempt Exempt (Precinct 3 and 4)

Place of Worship* Unlisted Removed

Public Utility Exempt Exempt (Precinct 1 and 3), Self (Precinct 4)

Reception Room Impact Impact

Resort Hotel* Unlisted Impact


819 Adopted Report


Restaurant Impact Code (less than 500m²) otherwise Impact

Retail Nursery* Unlisted Removed

Service Industry* Unlisted Removed

Shop* Unlisted Removed

Special Accommodation Exempt Exempt

Tavern* Unlisted Removed

Temporary Use Self Self (Precinct 1 and 3)

Telecommunication Facility n.e.i

Code Code (Precinct 1 and 3)

Veterinary Clinic* Unlisted Removed

Note: Where a land use is identified by an asterisk (*) above, it is listed Impact Assessable where only located on land not forming part of an existing golf course

Proposed land uses introduced as part of the Nerang TOD Code

Land Use Guragunbah LAP Place Code Nerang TOD Place Code (The Villa Site)

Aged Persons Accommodation

Unlisted Code (where located in building 3, 4, 5, 6, 7, 8, 9 and 10 only)

Display Home Unlisted Self

Estate Sales Office Unlisted Self

Private Recreation (as defined by the Code)

Unlisted Code (Precinct 1 and 3)

The Nerang TOD Code seeks the introduction of Aged Persons Accommodation as Code Assessment (where located in building 3, 4, 5, 6, 7, 8, 9 and 10 only), along with Display Home and Estate Sales Office which Officers consider temporary and ancillary to the primary uses being established on site. Private Recreation (as defined by the Nerang TOD Code) is a new definition that allows the development of land for private recreation purposes (e.g. tennis courts or golf course), where this is ancillary to an existing or approved residential use within the Code area. It may also include minor ancillary facilities (e.g. club house or maintenance facilities).


820 Adopted Report


The Nerang TOD Code proposes to reduce the level of assessment for Apartment from unlisted development (as the site forms part of an existing Golf Course) to Code Assessment. Café (only where less than 250m²) and Restaurant (only where less than 500m²) are both proposed to be reduced from Impact Assessment to Code Assessment.

It is important to identify that the site forms part of an existing Golf Course and therefore under the Table of Development of the Guragunbah Local Area Plan the uses identified by an asterisk(*) are unlisted development. If the site did not form part of an existing Golf Course, these uses would be a listed Impact Assessable uses. In the proposed Nerang TOD Code, this relates to Child Care Centre, Community Care Centre, Resort Hotel and Attached Dwellings and Medium Density Detached Dwellings.

Although forming part of an existing Golf Course, on 22 February 2011, Council resolved to exclude The Villa Site from the Protection of Golf Courses- 2003 Gold Coast Planning Scheme Amendment. This was on the basis that the site was considered by Council to have a significant strategic planning role in supporting transit oriented development and in achieving outcomes of the South East Queensland Regional Plan (SEQRP) that relate to compact development (Part D, Section 8).

The above land uses are considered appropriate for the site and provisions have been included in the Code to protect the amenity of existing residential properties.

As evident in the above table, the Nerang TOD Code proposes to either remove a number of land uses currently included as listed development or proposes to maintain the current level of assessment prescribed by the Table of Development. To address issues raised by Officers, the level of assessment for Home Office, Home Occupation and Open Sports Ground, has been increased to ensure amenity impacts can be appropriately controlled.

Officers consider the establishment of residential development appropriate for the site for the reasons discussed in detail within section 7.1 of this report. The introduction of Apartments and Aged Persons Accommodation is consistent with the overall development concept and will allow the establishment of a residential catchment in proximity to the Nerang Railway Station. The proposed retail and commercial uses have been capped at an amount considered subordinate to the amount of residential development provided on site and are of a scale that will not detract from Nerang as a Regional Activity Centre.

Officers are satisfied that any impacts arising from the reduced levels of assessment and the introduction of new land uses have been appropriately considered and addressed throughout the Nerang TOD Code. Planning controls are included within the Nerang TOD Code to regulate development in a manner that ensures no detrimental impact on the surrounding area.

Officers support the proposed variations as they comply with the higher order provisions of the planning scheme.

It is recommended that the Nerang TOD Code, which includes the above variations be approved to vary the effect of the relevant Gold Coast Planning Scheme Code.


821 Adopted Report


Material Change of Use- Table of Development A- Nerang Local Area Plan

Proposed change in level of assessment- ‘The Bowden Site’

Note: Bold and underlining identifies where there is a change in level of assessment

Land Use Nerang LAP Place Code Nerang TOD Place Code

Apartment Code Code

Attached Dwellings and Medium Density Detached Dwellings

Code Impact

Bed and Breakfast Impact Removed

Cafe Code Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Car Park Code Removed

Caretaker’s Residence Code Code

Child Care Centre Code Code

Commercial Services Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Community Care Centre Impact Impact

Convenience Shop Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Detached Dwelling Code Removed

Educational Establishment

Impact Removed

Family Day Care Home Exempt Exempt

Home Occupation Code Code

Home Office Exempt Self


822 Adopted Report


Laundromat Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Low-Impact Telecommunications Facilities

Exempt Exempt

Medical Centre Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Minor Change in the scale or intensity of the existing lawful use

Exempt Exempt

Park Exempt Removed

Public Utility Exempt Exempt

Restaurant Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Shop Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Special Accommodation Exempt Exempt

Take-Away Food Premises

Unlisted Code (if within Building 6 and not exceeding the combined 500m² GFA cap, otherwise Impact)

Telecommunications Facility n.e.i.

Code Impact

Temporary Use Self Self

Veterinary Clinic Code Removed


823 Adopted Report


Proposed land uses introduced as part of the Nerang TOD Code

Land Use Nerang LAP Place Code Nerang TOD Place Code

Aged Persons Accommodation

Unlisted Code

Display Home Unlisted Self

Estate Sales Office Unlisted Self

Private Recreation (as defined by the Code)

Unlisted Code

The following uses where located on the ground floor of Building 6 and not exceeding 500m²:

• Café

• Commercial Services

• Convenience Shop

• Laundromat

• Medical Centre

• Restaurant

• Shop

• Take-Away Food Premises

Unlisted (except Café) Code (where not exceeding the 500m² GFA cap and where located on the ground floor of Building 6.

The Nerang TOD Code proposes to either remove a number of land uses currently included as listed development, or maintain the current level of assessment as the Table of Development. For land uses such as Telecommunications Facility and Attached Dwelling and Medium Density Detached Dwellings the level of assessment as part of the Nerang TOD Code has been increased.

As evident above, the Nerang TOD Code also seeks the introduction of Aged Persons Accommodation as Code Assessment, along with Display Home and Estate Sales Office which Officers consider temporary and ancillary to the primary uses being established on site. Private Recreation (as defined by the Nerang TOD Code) is a new definition that allows the development of land for private recreation purposes (e.g. tennis courts or golf course), where this is ancillary to an existing or approved residential use. It may also include minor ancillary facilities (e.g. club house or maintenance facilities).

Officers consider the establishment of residential development appropriate for the site for the reasons discussed in detail within section 7.1 of this report. Aged Persons Accommodation is a type of residential development that can be accommodated within the proposed plans and is supported by the Code.


824 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The introduction of a range of retail and commercial uses is supported by Officers, as it has been capped within the higher order provisions of the Code to a level capable of providing local convenience services only. The 500m² of GFA supported within Precinct 2 is considered subordinate to the residential development and is of a scale that will not detract from Nerang as a Regional Activity Centre. The establishment of these uses have been limited to the ground floor of Building 6 only, as Building 6 is on the corner of the site and is in closest proximity to the Nerang Railway Station.

These land uses will be subject to future applications for a development permit and assessed in detail at time of lodgement. Officers are satisfied that any impact arising from the reduced levels of assessment and the introduction of new land uses have been appropriately considered and addressed throughout the Nerang TOD Code. Planning controls are included within the Nerang TOD Code to regulate development in a manner that ensures no detrimental impact on the surrounding area.

Officers support the proposed variations as they comply with the higher order provisions of the planning scheme.

It is recommended that the Nerang TOD Code, which includes the above variations be approved to vary the effect of the Gold Coast Planning Scheme.

Material Change of Use- Table of Development B Overlay Provisions

Proposed variations to the Guragunbah Local Area Plan Table of Development

EXEMPT SELF ASSESSABLE CODE ASSESSABLE IMPACT ASSESSABLE

No changes proposed.

Nerang TOD Code replaces:

• Overlay Map 13-setback to canal and waterway, with a new minimum setback plan.

Nerang TOD Code excludes:

• Site identified on the Domain Maps as being affected by future road requirements.

• Overlay Map 15- on land with a frontage to the Pacific Motorway or a service road.

Nerang TOD Code introduces:

• New density map, with maximum density of 946 dwellings.


• Exceeds 2.5 storey height with new maximum building height map supporting heights from 4 to 13 storeys.



• Reference to exceeding 4 storeys in height. There is no Impact trigger for height as part of the Code.

• Reference to exceeding two (2) dwellings per lot. There is no Impact trigger for height as part of the Code.

• Overlay Map 23- residential dwelling within 500 metres of a lot containing extractive industry or resources or within 200 metres of


825 Adopted Report




a lot containing an extractive industry operation.

Proposed variations to the Railway Precinct (Precinct 4) of the Nerang Local Area Plan







Nerang TOD Code introduces:

• New density map, with maximum density of 224 dwellings.


• Nerang LAP Map 18.4- Maximum Building Height. New building height map with maximum building heights of 4 storeys to replace OM18.4.





• Excludes reference to Nerang LAP Map 18.4- Maximum Building Height. There is no Impact trigger for height introduced as part of the Code.

• Excludes reference to the Nerang Lap Map 18.5- Maximum Residential Density. There is no Impact trigger for height as part of the Code.

• Overlay Map 23- residential dwelling within 500 metres of a lot containing extractive industry or resources or within 200 metres of a lot containing an extractive industry operation.

Officers are supportive of the proposed variations to the Material Change of Use Table of Development B Overlay Provisions. There is no issue raised with the exclusion of the above overlay maps as they are not applicable to the site.


826 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 For reasons discussed in detail in section 7.1 of this report, Officers support the proposed maximum building heights and densities and also support the exclusion of any building height or density triggering Impact Assessment. Development exceeding the building height and/ or the accommodation density provisions prescribed by the Nerang TOD Code fall outside of the parameters of the Code and will require assessment against the provisions of the local planning instrument in effect at the time of lodgement.

Operational Works- Changes to Ground Level Table of Development C




No changes proposed. No changes proposed. No changes proposed.






• Exceeds a volume of 50 cubic metres of fill or excavation, or is closer than two metres from the allotment boundary.


Officers are supportive of the proposed variation to the Changes to Ground Level Table of Development. The trigger in the Guragunbah Local Area Plan for ‘exceeds a volume of 20 cubic metres of fill or excavation or is closer than two metres from the allotment boundary’ remains within the Nerang TOD Code and is a more stringent provision than the trigger being removed.


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Operational Works- Advertising Devices Table of Development D

The Nerang TOD Code proposes to remove the Operational Works- Advertising Devices Table of Development in its entirety. Officers are supportive of the proposed variation as an application for an Advertising Device no longer triggers an Operational Works application.

Operational Works- Infrastructure and Landscape Work Table of Development E




• Landscape Work associated with a Detached Dwelling or a Caretaker’s Residence.





• Landscape Work associated with a Detached Dwelling or a Caretaker’s Residence.


Officers are supportive of the proposed variation to the Infrastructure and Landscape Work Table of Development. The changes remove any exempt requirement for a Caretaker’s Residence as this land use triggers Code Assessment on The Bowden Site and is unlisted within The Villa Site. Detached Dwelling has been removed as it is not a land use listed or envisaged within any precinct of the Nerang TOD Code.

Operational Works- Vegetation Clearing Table of Development F




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No changes proposed. No changes proposed. No changes proposed. No changes proposed.



No changes proposed. No changes proposed. No changes proposed. Nerang TOD Code includes:

• Results in the removal of, or damage to, vegetation over which a Vegetation Protection Order has been made by Council.

Officers are supportive of the proposed variation as it is simply includes the Impact Assessable trigger from the Guragunbah Table of Development which applies more stringent assessment criteria.

Reconfiguring a Lot- Table of Development G




No changes proposed. Nerang TOD Code replaces:

• Existing triggers with the following 3 triggers to reflect new precincts: Precincts 3 and 4: Results in no lots with an area less than four hectares. Precinct 1 Results in no lots with an area less than 2 hectares; OR Entails only a Community Title Subdivision (including Standard Format Plans and/or


• Existing triggers with the following single trigger to reflect new precincts:

Results in lots not elsewhere included.


• Overlay Map 23- residential dwelling within 500 metres of a lot containing extractive industry or resources or within 200 metres of


829 Adopted Report


Volumetric Lots), or a Volumetric Lot within a building, or a leasehold subdivision of an existing or approved development. Precinct 2 Results in no lots less than 1,000m²; OR Entails only a Community Title Subdivision (including Standard Format Plans and/or Volumetric Lots), or a Volumetric Lot within a building, or a leasehold subdivision of an existing or approved development.

a lot containing an extractive industry operation.






• Existing triggers replaced with the following 3 triggers to reflect new precincts: Precincts 3 and 4: Results in no lots with an area less than four hectares. Precinct 1 Results in no lots with an area less than 2 hectares; OR Entails only a Community Title Subdivision (including Standard Format Plans and/or


• Existing trigger with the following single trigger to reflect new precincts:

Results in lots not elsewhere included.


• Overlay Map 23- residential dwelling within 500 metres of a lot containing extractive industry or resources or within 200 metres of a lot containing an extractive industry


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Volumetric Lots), or a Volumetric Lot within a building, or a leasehold subdivision of an existing or approved development. Precinct 2 Results in no lots less than 1,000m²; OR Entails only a Community Title Subdivision (including Standard Format Plans and/or Volumetric Lots), or a Volumetric Lot within a building, or a leasehold subdivision of an existing or approved development.

operation.

Officers are supportive of the proposed variations to the Reconfiguring a Lot Tables of Development. The introduction of the new precinct triggers are supported and are reflective of the overall development concept sought by the Nerang TOD Code.

There is no issue raised with the exclusion of the overlay map as it is not applicable to the site.

Summary of proposed variations to the Tables of Development

It is recommended that the Nerang TOD Code which includes the above variations be approved to vary the effect of the Gold Coast Planning Scheme.

b) Proposed variations to the Relevant Codes

Section 7 of the Nerang TOD Code proposes variations to the applicable relevant codes of assessment of the Gold Coast Planning Scheme 2003. Officers support the variations in full as they are reflective of the land uses supported within the Tables of Development.


831 Adopted Report


SELF ASSESSABLE DEVELOPMENT


Proposed variations to the Guragunbah Local Area Plan Self Assessable relevant codes:


• Guragunbah LAP Place Code

Nerang TOD Code includes:

• Display Homes and Estate Sales Office

Nerang TOD Code removes:

• Advertising Devices


• Steep Slopes or Unstable Soils

Proposed variations to the Nerang Local Area Plan Self Assessable relevant codes:


• Nerang LAP Place Code



• Caretaker’s Residence

• Detached Dwellings

• Office

• Private Recreation

• Retail and Related Establishments

• Vehicle Sales

• No changes proposed.


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MATERIAL CHANGE OF USE CODE OR IMPACT ASSESSABLE DEVELOPMENT


Proposed variations to the Guragunbah Local Area Plan MCU Assessable relevant codes:




• Aged Persons Accommodation

• Changes to Ground Level and Creation of New Waterbodies

Nerang TOD Code removes: • Animal Husbandry

• Bed and Breakfast Tourist Accommodation


• Family Accommodation

• Farm Forestry

• Kennels



Proposed variations to the Nerang Local Area Plan MCU Assessable relevant codes:


• Nerang LAP Place Code


• Changes to Ground Level and Creation of New Waterbodies

Nerang TOD Code removes: • Animal Husbandry

• Bed and Breakfast Tourist Accommodation

• Caravan Parks


• Ecotourism Facility

• Family Accommodation

• Kennels

• Relocatable Home Parks

• Salvage Yards

• Service Stations

• Tourist Cabins • Vehicle Sales

• No changes proposed.


833 Adopted Report


OPERATIONAL WORKS- CHANGES TO GROUND LEVEL


Proposed variations to the Guragunbah Local Area Plan OPW relevant codes:



• No changes proposed. Nerang TOD Code includes:


Proposed variations to the Nerang Local Area Plan OPW relevant codes:

Nerang TOD Code replaces: • Nerang LAP Place Code

• No changes proposed. • No changes proposed.

OPERATIONAL WORKS- ADVERTISING DEVICES, LANDSCAPE WORK AND INFRASTRUCTURE








• Car parking, Access and Transport Integration

• Flood Affected Areas





• Advertising Devices • No changes proposed.


834 Adopted Report


OPERATIONAL WORKS- VEGETATION CLEARING










RECONFIGURING A LOT


Proposed variations to the Guragunbah Local Area Plan ROL relevant codes:





Proposed variations to the Nerang Local Area Plan ROL relevant codes:



c) Proposed variations to the Guragunbah Local Area Plan Place Code

The below discusses how The Villa Site of the Nerang TOD Code departs from the primary development parameters (i.e. building height and density) of the Gold Coast Planning Scheme 2003.

Performance criteria Acceptable solution PC1- Building Height

All buildings must be of a height which is in keeping with the predominantly open space character of the surrounding area. Building height must not result in a significant loss of visual amenity.

AS1

The building has a maximum height not exceeding two storeys.


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Performance criteria Acceptable solution

PC6- Building Height

All buildings must be of a height which is in keeping with the predominately open space character of the surrounding area. Building height must not result in a significant loss of visual amenity.

AS6.1.1

The building does not exceed four storeys.

OR

AS6.1.2

The building exceeds four storeys, and has:

a) direct access to a major public transport system or is located in the immediate vicinity of a railway station or Robina Town Centre.

b) has a minimum total site area of 10 hectares and the majority of the site forms a landscaped setting for the building.

c) has a minimum area of less 10 hectares, but forms part of an integrated development of at least 10 hectares, and the majority of the site form a landscaped setting for the building.


Officers consider the building height parameters (ranging from 4 to 13 storeys) of the Nerang TOD Code to comply with the building height test prescribed by Performance Criteria 1 and Performance Criteria 6 of the Guragunbah Local Area Plan.

Although not complying with Acceptable Solution 1, the parameters of the Nerang TOD Code are almost compliant with Acceptable Solution 6.1.2. The proposal exceeds four (4) storeys in height and has a minimum total site area of 10 hectares, where the majority of the site forms a landscaped setting for the development. This site is also in the immediate vicinity (i.e. an 800m walking distance) of the Nerang Railway Station, with all buildings except Building 1 and Building 2 (fronting the Nerang River) within an 800 metre walking distance of the Nerang Railway Station.

As discussed in detail in section 7.1, all buildings are of a height in keeping with the open space character of the surrounding area and Officers are satisfied the height does not result in a significant loss of visual amenity. Officers consider the building height proposed as part of the Nerang TOD Code to comply with the provisions of the Guragunbah Local Area Plan. Officers do not consider the height sought by the Nerang TOD Code to vary to an extent that could not be supported under the current Planning Scheme.


836 Adopted Report


Performance criteria Acceptable solution PC2- Accommodation Density

The gross accommodation density must be low, to maintain and enhance the quality of the flood plain landscape and nature conservation values. However, in areas where large expanses of open space are securely managed, net densities may be greater, consistent with the land use pattern indicated on Guragunbah LAP Map 14.7 – Conceptual Land Use.

AS2.1.1

The dwelling density is one detached dwelling per lot.

OR

AS2.1.2

The gross dwelling density for any site does not exceed seven dwellings per hectare.


The gross accommodation density must be low, to maintain and enhance the quality of the flood plain landscape and nature conservation values. However, in areas where large expanses of open space are securely managed, net densities may be greater, consistent with the land use pattern indicated on Guragunbah LAP Map 14.7 – Conceptual Land Use.

AS7.1.1

The gross site density does not exceed 16 dwellings per hectare where the site is less than 1 hectare but forms part of an integrated project comprising a total site area of greater than 1 hectare, and the resulting land use pattern is consistent with the intent of the LAP.

OR

AS7.1.2

The gross site density does not exceed 25 dwelling units per hectare where the site is greater than 1 hectare and does not have direct access off a major public transport system, nor is it located in the immediate vicinity of a railway station or Robina Town Centre, and the resulting land use pattern is consistent with the intent of this LAP.

OR

AS7.1.3

The gross site density does not exceed 75 dwelling units per hectare where the site is greater than 1 hectare and has direct access off a major public transport system or is located in the immediate vicinity of a railway station or Robina Town Centre and the resulting land use pattern is consistent with the intent of this LAP.


837 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Officer’s Comments:

Officers consider the density parameters (i.e. maximum of 946 dwellings or 1 dwelling per 228.98m²) proposed by the Nerang TOD Code appropriate for the site.

The residential density proposed by the Nerang TOD Code generally complies with Acceptable Solution AS7.1.3, as the maximum gross site density does not exceed 75 dwelling units per hectare. Based on the site area of 21.66ha, 75 dwellings per hectare allows for an acceptable density of 1,624 dwellings. The Code proposes a maximum of 946 dwellings and therefore complies with this provision. This site is also in the immediate vicinity (i.e. an 800m walking distance) of the Nerang Railway Station, with all buildings except Building 1 and Building 2 (fronting the Nerang River) within an 800 metre walking distance of the Nerang Railway Station.

However as the parameters do not comply with AS2.1.1 or AS2.1.2, assessment against the Performance Criteria is required. The Performance Criteria for PC2 and PC7 are the same and seek to maintain a gross accommodation density that is low to maintain and enhance the quality of the floodplain. It could be argued a low density is achieved as the proposed density complies with the gross density (75 dwelling units per hectare) prescribed within AS7.1.3. Additionally, the proposed density of 1 dwelling per 228.98m² is comparable to a planning scheme density of RD3 (1 dwelling per 250m² of net site area). On a scale from RD1 (1 dwelling per 400m²) to the highest density of RD8 (1 bedroom per 13m²), the proposed density is considered low.

The Performance Criteria also makes reference to the provision of greater net densities where consistent with the land use pattern indicated on Guragunbah Local Area Plan Map 14.7 – Conceptual Land Use. This map identifies the site as falling within the Active/ Passive Recreation, Rural-Residential and Low- Medium Density Residential conceptual land use categories. The Guragunbah Local Area Plan states that these are not practical or precise precinct boundaries and considerable flexibility for creative design and land use solutions exist because of the role of the Local Area Plan’s role as a major flood storage area. For reasons discussed in more detail in section 7.1, Officers consider the land use pattern and the subsequent density appropriate as:

• Council resolved on 22 February 2011 to support transit oriented development. Although this resolution related specifically to the Protection of Golf Courses- 2003 Gold Coast Planning Scheme Amendment, it acknowledged the importance of developing greenfield sites in proximity to the Nerang Railway Station. It identified that these sites play a significant strategic planning role in supporting transit oriented development and in achieving outcomes of the South East Queensland Regional Plan (SEQRP) that relate to compact development (Part D, Section 8).

• The site presents a significant opportunity for infill development in proximity to Nerang as a Regional Activity Centre.

• Density has been distributed throughout a number of medium and high rise buildings to maintain the flood plain landscape and character.

• The proposal consolidates urban development in proximity to key public transport facilities, with the majority of development within an 800 metre walking distance of the Nerang Railway Station.


838 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • The site is within proximity to Nerang Broadbeach Road which is identified as a rapid bus

route within the Cold Coast City Transport Strategy 2031. This is intended to provide high frequency public transport services (peak: 5 to 15 minutes, off peak: 10 to 30 minutes) by 2018.

• Density can be absorbed within the existing infrastructure networks. Non-trunk augmentation works are required to sewer and water infrastructure only.

• There is capacity within the existing local road network to accommodate the increase in density. A road and pavement impact assessment report has been conditioned to be submitted in conjunction with a Material Change of Use, Reconfiguring a Lot or Operational Works application (whichever occurs first), to demonstrate pavements are to a standard capable of accommodating the increased traffic volumes. Refer to further discussion in section 11.2.

• The State has assessed impacts of the development upon the intersection of Nerang Broadbeach Road and Warrener Street. The State have imposed conditions on the development to undertake works within the existing road reserve to establish a shared left turn/through/right turn lane along the eastern kerb of Warrener Street. This must be undertaken for the full length of Warrener Street between Nerang Broadbeach Road and the Bowden Court and Warrener Street roundabout. For explanatory purposes this has been included in imagery below.

Image 30- Current arrangement


839 Adopted Report




The below image is a representation of the conditioned arrangement by the State, which requires the chevron lining marking to be removed to allow the establishment of two (2) formal lanes. The left turn lane will then be changed to facilitate left turn/ through/ right turn movements, with the right lane remaining as is.


840 Adopted Report


Image 33- Conditioned arrangement

In summary, Officers consider the density proposed as part of the Nerang TOD Code to comply with the provisions of the Guragunbah Local Area Plan.

Performance criteria Acceptable solution PC3- Site Cover

The site coverage of development must be consistent with the low density tourism, recreation and nature conservation character of the surrounding area.

AS3.1.1

The site coverage of all buildings does not exceed 10% of the total site area.

OR

AS3.1.2

The development is for a detached dwelling, located within a lot that has been created by a residential subdivision approval (ie. the lot is intended to be serviced by sewerage reticulation) and the development complies with the conditions of the subdivision approval and any subsequent operational works approval. Except where the earlier approval specifies otherwise, the site coverage does not exceed 50%.


841 Adopted Report


Performance criteria Acceptable solution PC4- Building Setback

All buildings must provide for setbacks from the street frontage and the side and rear boundaries of the site which are appropriate for:

a) the efficient use of the site;

b) the rural character of the area;

c) the separation from neighbouring properties and from frontages to roads.

AS4.1.1

The building is set back not less than ten metres from the frontage and at least three metres from any other boundary.

OR

AS4.1.2

The development is for a detached dwelling, located within a lot that has been created by a residential subdivision approval (ie. the lot is intended to be serviced by sewerage reticulation) and the development complies with the conditions of the subdivision approval and any subsequent operational works approval. Except where the earlier approval specifies otherwise, the frontage setback is not less than 6 metres and all other setbacks are not less than 1.5m.


In relation to both site cover and setbacks, the Nerang TOD Code has introduced provisions within the Place Code that are more rigorous and site specific than the current planning scheme requirements.

In regards to site cover, the Nerang TOD Code provides an Acceptance Solution of 30% within Precinct 1 (The Villa Residential) and 0.003% (approximately 500m²) within Precinct 3 (The Villa Communal Open Space). The Performance Criteria test of the Nerang TOD Code requires site coverage to be in accordance with the function of each precinct and states that buildings must not be bulky or visually intrusive. Buildings must also achieve the following:

• Prove a balance between built form and green areas;

• Contribute to neighbourhood character and amenity;

• Promote an open, attractive and distinct skyline; and

• Facilitates small, fast moving shadows.

In regards to setbacks, Map 5 of the Nerang TOD Code enforces greater setbacks than the current planning scheme. Setback provisions have been included for front, rear and side setbacks and for separation distances between on-site habitable buildings, with the later not an aspect addressed by the current Planning Scheme.

The Nerang TOD Code includes a test that must not only meet the minimum setback provisions as per Map 5, but must also ensure:

• The efficient use of the site;

• The intended streetscape character for the site;


842 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • Buildings are not visually intrusive;

• The separation from neighbouring properties and other buildings on the same site protect views, maximise sunlight penetration, ventilation and privacy;

• Appropriate interface in terms of amenity with existing residential development;

• Shadow impacts are minimised; and

• Building form is inset as height increases from the level below to ensure a tapered tower from.

Officers consider the site cover and building setback provisions appropriate to effectively regulate future development and consider the test for compliance to be more appropriate for this site than the current planning scheme.

d) Proposed variations to the Nerang Local Area Plan Place Code

The below discusses how The Bowden Site of the Nerang TOD Code departs from the primary development parameters (i.e. building height and density) of the Gold Coast Planning Scheme 2003.

Performance criteria Acceptable solution PC1- Building Height

The height of buildings must identify the core of the Nerang Town Centre. The height of buildings within the LAP area must vary to create a transition from the medium rise areas in the traditional town centre area to the low rise areas to the south and west.

AS1.1

The building has a maximum of two storeys.

OR

AS1.2

The height of buildings in each precinct does not exceed the maximums shown on Nerang LAP Map 18.4 – Maximum Building Height.


Acceptable Solution AS1.2 awards the site a maximum building height of three (3) storeys as per the Nerang Local Area Plan Map 18.4. Officers consider the maximum four (4) storey height proposed by the Nerang TOD Code to comply with Performance Criteria 1 of the Nerang Local Area Plan.

The height is suitable for this particular location within the Local Area Plan and it in no way detracts from the core of the Nerang Town Centre. The site is bound by road or public parks on all boundaries and the proposed height is considered to provide an appropriate transition to the existing 1, 2 and 3 storey housing product closest to the site.

The height is considered to be in keeping with the character of the surrounding area and does not result in a significant loss of visual amenity. Officers consider the building height proposed as part of the Nerang TOD Code to comply with the provisions of the Nerang Local Area Plan. Officers do not consider the height sought by the Nerang TOD Code to vary to an extent that could not be supported under the current Planning Scheme.


843 Adopted Report



Accommodation density must be consistent with the Regional Activity Centre character of Nerang. Accordingly, medium to high density development that can be comfortably accommodated on the development site and supports mixed uses in the town centre is appropriate, with lower densities in the areas more distant from the town centre.

AS2.1

The dwelling density is one dwelling per lot.

OR

AS2.2

The maximum dwelling density in any precinct does not exceed the relevant accommodation density (RD number) shown for that precinct on Nerang LAP Map 18.5 – Maximum Residential Density.


Officers consider the density parameters (i.e. maximum of 224 dwellings) proposed by the Nerang TOD Code to comply with Performance Criteria 2 of the Nerang Local Area Plan.

The development proposes a residential density of 1 dwelling per 62.14m² of net site area or 161 dwellings per net hectare.

It should be identified that AS2.2 provides a maximum dwelling density in bedrooms of 1 dwelling per 50m² (RD5), which is considered to represent medium density development. As this is a Preliminary Approval, the density plan endorsed by the Code enforces a maximum density of 224 dwellings and does not prescribe a bedroom number as detailed design work will occur as part of future development permits.

The proposed density parameters as per the Nerang TOD Code are considered appropriate for the site and comply with precinct intent statements of the Nerang Local Area Plan for the following reasons:

• The site presents a significant opportunity for infill development in proximity to Nerang as a Regional Activity Centre.

• The proposal consolidates urban development in proximity to key public transport facilities, with development within a 200 metre to 400 metre walking distance of the Nerang Railway Station.

• The site is within proximity to Nerang Broadbeach Road which is identified as a rapid bus route within the Cold Coast City Transport Strategy 2031. This is intended to provide high frequency public transport services (peak: 5 to 15 minutes, off peak: 10 to 30 minutes) by 2018.

• The density proposes medium density development that is comfortably accommodated on site, with flexibility built into the Code to support a mix of uses (where appropriate).

• Density can be absorbed within the existing infrastructure networks. Non-trunk augmentation works are required to sewer and water infrastructure only.

In summary, Officers consider the density proposed as part of the Nerang TOD Code to comply with the provisions of the Nerang Local Area Plan.


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Performance criteria Acceptable solution PC3- Site Coverage

The site coverage of development must be in accordance with the function of the precinct and its relationship with surrounding precincts.

AS3

The maximum site coverage of any development does not exceed the following:

Precinct 4- 50%

Sub-precinct 1- 20%

Performance criteria Acceptable solution

PC4- Building Setbacks

Building setbacks must contribute to an interesting and attractive street perspective and to the visual amenity of Nerang. Buildings must provide for setbacks from the street frontage and the side and rear boundaries of the site which are appropriate for the:

a) efficient use of the site;

b) local character of the area;

c) effective separation from neighbouring properties and from frontages to roads.

Precinct 4

AS4.4

The minimum building frontage setback to any street within each sub-precinct is six metres, except for development in Precinct 4, Sub-precinct 3, where a ten metre setback to the Pacific Motorway frontage is provided.

AS4.5

The minimum setbacks from any side and rear boundaries within each sub-precinct, are 1.5 metres to the side boundary and six metres to the rear boundary.


In relation to both site cover and setbacks, the Nerang TOD Code has introduced provisions that are more rigorous and site specific than current planning scheme requirements.

In regards to site cover, the Nerang TOD Code provides an Acceptable Solution of 50% within Precinct 2 (The Bowden Street). The Performance Criteria test of the Nerang TOD Code requires site coverage to be in accordance with the function of each precinct and states that buildings must not be bulky or visually intrusive. Buildings must also achieve the following:

• Prove a balance between built form and green areas;

• Contribute to neighbourhood character and amenity;

• Promote an open, attractive and distinct skyline; and

• Facilitates small, fast moving shadows. In regards to setbacks, Map 5 of the Nerang TOD Code enforces minimum setbacks requirements. In comparison to the Acceptable Solution, Map 5 proposes a reduced setback of three (3) metres to Bowden Court which allows adequate room for landscaping. A reduced setback of 1.5 metres is also proposed to the corner of Bowden Court and Warrener Road. This is supported by Officers as this location will accommodate the retail and commercial uses on ground level and a reduced setback will aid in activating the frontage. The Nerang TOD Code includes setback provisions for the front, rear and side setbacks and also


845 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 includes a test for separation distances between on-site habitable buildings, with the latter being an aspect not addressed by the current Planning Scheme.

The Nerang TOD Code includes a test that must not only meet the minimum setback provisions as per Map 5, but must also ensure:

• The efficient use of the site;

• The intended streetscape character for the site;

• Buildings are not visually intrusive;

• The separation from neighbouring properties and other buildings on the same site protect views, maximise sunlight penetration, ventilation and privacy;

• Appropriate interface in terms of amenity with existing residential development;

• Shadow impacts are minimised; and

• Building form is inset as height increases from the level below to ensure a tapered tower from.

Officers consider the site cover and building setback provisions appropriate to effectively regulate future development and consider the test for compliance to be more appropriate for this site than the current planning scheme.

e) Proposed variations to the Specific Development Codes

The Nerang TOD Code proposes to modify and remove a number of provisions of the following Specific Development Codes:

• Retail and Related Establishments;

• Working from Home;

• Display Homes and Estate Sales Offices;

• Caretaker’s Residence;

• Aged Persons Accommodation;

• Attached Dwellings and Medium Density Detached Dwellings;

• Child Care Centre;

• Low Rise Apartment Building;

• High Rise Residential and Tourist Accommodation;

• Landscape Work;

• Vegetation Management; and

• Changes to Ground Level and Creation of New Waterbodies.

Please refer to Attachment A of the Nerang TOD Code to review the proposed variations in detail, where a number of Acceptable Solutions and Performance Criteria are either modified or removed. Officers have reviewed the variations and are satisfied the Nerang TOD Code includes provisions that deal with the modified or removed aspects of the Planning Scheme.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 There are two (2) requested modifications relating to the location of building services and mechanical ventilation that Officers are not supporting, as this has not been addressed within the Nerang TOD Code and is vital to protect existing amenity. Officers have requested that the Performance Criteria and associated Acceptable Solutions relating to plot ratio of the High Rise Residential and Tourist Accommodation Code be included within Attachment A as the Nerang TOD Code proposes to modify these provisions.

It is recommended the Nerang TOD Code, which includes the above variations be approved to vary the effect of the Gold Coast Planning Scheme.

f) Proposed variations to the Constraint Codes

The Nerang TOD Code proposes to modify PC15, AS15.1 and AS15.2 and PC16, AS16.1 and AS16.2 of the Car Parking, Access and Transport Integration Constraint Code which relates to car parking and bicycle parking.

The Nerang TOD Code proposes to vary the rates within the Constraint Code by introducing two (2) new Performance Criteria and associated Acceptable Solutions that prescribe rates for residential and non-residential uses.

The proposed car parking and bicycle rates are supported by Officers as both are generally consistent with rates prescribed by the City Plan. It is reasonable to use the City Plan rates as this represents the current direction and future planning strategy of the City, particularly with respect to the City’s Transport Strategy and the site’s proximity to Nerang Railway Station, bus stations and the Nerang town centre.

It is recommended that the Nerang TOD Code, which includes the above variations be approved to vary the effect of the Gold Coast Planning Scheme.

Summary of proposed variations

Officers recommend that Council approve the above variations to the Guragunbah Local Area Plan and Nerang Local Area Plan by the Nerang TOD Code (as amended by the conditions of approval) for the assessment of all future Self, Code and Impact Assessable development applications on site.

The development satisfies the parameters described within Stage 2 and complies with section 316 of the SPA 2009.

STAGE 3 – ASSESSMENT USING DECISION RULES

(Section 323 to 326 of SPA- Making a decision using decision rules)

This requires the Assessing Officer to make a decision about whether or not to approve the proposed development.


324 Decision generally

(1) In deciding the application, the assessment manager must -

(a) approve all or part of the application; or Not Applicable.

(b) approve all or part of the application subject to conditions decided by the assessment manager; or

The Assessment Manager is recommending the application be approved, subject to conditions.


847 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 (c) refuse the application. Not Applicable. (2) The assessment manager’s decision

must be based on the assessments made under division 2.

The Assessment Manager’s decision is based on the assessments made under division 2 (the assessment process under the SPA 2009).

(3) The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.

The Assessment Manager’s decision is not inconsistent with a State planning regulatory provision.

(4) Subsection (5) applies for an application for development in a master planned area if the structure plan for the area requires a master plan for the development.

The application is not within a master planned area.

(5) If a master plan application for the master plan is refused, the development application must be refused.

The development application is not within a master planned area.

(6) To remove any doubt, it is declared that - (a) if the assessment manager may give a

preliminary approval, other than a preliminary approval to which section 242 applies, even though the Applicant sought a development permit; and

Not Applicable, the Assessment Manager is recommending the application be approved, subject to conditions.

(b) if the assessment manager approves only part of an application, the balance of the application is refused.

The Assessment Manager is recommending the application be approved, subject to conditions.

325 Effect of concurrence agency’s response

(1) If a concurrence agency’s response requires conditions to be attached to a development approval for the application, the assessment manager must attach to any approval, in the exact form given by the concurrence agency, the concurrence agency conditions.

The Concurrence Agency conditions will be attached to any development approval.

(2) If a concurrence agency’s response has, under section 287(1)(b) or (c), stated an action that must be taken, the assessment manager must take the action.

No Concurrence Agency has stated any action that must be taken.

(3) If a concurrence agency’s response has, under section 287(1)(d), stated a different period for section 341(1)(b), (2)(c) or (3)(b), the assessment manager must, on any development

No Concurrence Agency has stated a different relevant period that must be applied to any approval.


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approval, state the period. (4) If a concurrence agency’s response

requires the application to be refused, the assessment manager must refuse it.

No Concurrence Agency response requires the application to be refused.

326 Other decision rules

(1) The assessment manager’s decision must not conflict with a relevant instrument unless (a) the conflict is necessary to ensure the

decision complies with a State planning regulatory provision; or

Not Applicable.

(b) there are sufficient grounds to justify the decision, despite the conflict; or

Although there may exist some non-compliances against the lower order provisions of the Scheme, the development complies with the higher order provisions of the Gold Coast Planning Scheme 2003 as discussed within section 7.1. Therefore no conflict exists against the local planning instrument.

(c) the conflict arises because of a conflict between -

(i) 2 or more relevant instruments of the same type, and the decision best achieves the purpose of the instruments; or

Not Applicable.

(ii) 2 or more aspects of any 1 relevant instrument and the decision best achieves the purpose of the instrument.

Not Applicable.

In this section -

Relevant instrument means a matter or thing mentioned in section 316(4)(c) or (d), other than a State regulatory provision, the assessment manager must have regard to in assessing the part of the application.

The relevant instruments include:

• The SEQ Regional Plan;

• The State Planning Policy; and

• Gold Coast Planning Scheme 2003.

The relevant instruments have been considered in the assessment of the application.

The development satisfies the parameters described within Stage 3 and complies with sections 323 to 326 of the SPA 2009.

STAGE 4- PROPOSED VARIATIONS

(Section 323- 326 of SPA 2009- Decision rules- generally)

If Council decides to approve the proposed development Council must then make a decision about the proposed variations to the planning scheme using the decision rules in

sections 327 to 329 of the SPA.


327 Decision if application under s242 requires assessment


849 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 (1) In deciding the part of an application for preliminary approval mentioned in section 242

that states the way in which the Applicant seeks approval to vary the effect of any applicable local planning instrument for the premises, the assessment manager must -

approve all or some of the variations sought; or

The Officer’s recommendation is to approve all of the variations sought, subject to a number of amendments which have been conditioned.

subject to section 242(3) and (5) – approve variations to those sought; or

The Officer’s recommendation is to approve all of the variations sought, subject to a number of amendments which have been conditioned.

refuse the variations sought. The Officer’s recommendation does not include a refusal of the variations sought.

(2) The assessment manager’s decision must be based on the assessments made under division 2.

The Assessment Manager’s decision is based on the assessments made under division 2.

(3) The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.

The Officer’s recommendation is not inconsistent with a State planning regulatory provision.

(4) To the extent development applied for under other parts of the application is refused, any variation relating to the development must also be refused.

There are no parts of the application being refused.

328 Effect of concurrence agency’s response

(1) If part of the application is approved and a concurrence agency’s response has, under section 287(5)(b), stated an action that must be taken, the assessment manager must take the action.

No Concurrence Agency response has stated any action that must be taken.

(2) If a concurrence agency’s response requires the variations to be refused, the assessment manager must refuse the variations.

No Concurrence Agency response requires the variations to be refused.

329 Other decision rules

(1) The assessment manager’s decision must not conflict with a relevant instrument unless -

(a) the conflict is necessary to ensure the decision complies with a State planning regulatory provision, or

Not Applicable.

(b) there are sufficient grounds to justify the decision, despite the conflict; or

Although there may exist some non-compliances against the lower order provisions of the Scheme, the development


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complies with the higher order provisions of the Gold Coast Planning Scheme 2003 as discussed within section 7.1. Therefore no conflict exists against the local planning instrument.

(c) the conflict arises because of a conflict between -

(i) 2 or more relevant instruments of the same type, and the decision best achieves the purpose of the instruments; or

(Example – a conflict between 2 State planning polices)

Not Applicable.

(ii) 2 or more aspects of any I relevant instrument, and the decision best achieves the purpose of the instrument.

(Example – a conflict between 2 codes in a planning scheme.)

Not Applicable.

(2) In this section -

Relevant instrument means a matter or thing mentioned in section 316(4)(c) or (d), other than a State regulatory provision, the assessment manager must have regard to in assessing the part of the application.

The relevant instruments include:

• The SEQ Regional Plan;

• The State Planning Policy; and

• Gold Coast Planning Scheme 2003.

The relevant instruments have been considered in the assessment of the application.

The development satisfies the parameters described within Stage 4 and complies with sections 327 to 329 of the SPA 2009.

7.1 Assessment against Gold Coast Planning Scheme 2003

Relationship to the Domain or LAP

The site falls within the Guragunbah Local Area Plan and the Nerang Local Area Plan. The proposal triggers Impact Assessment as the application is seeking to introduce a Code varying the effect of the local planning instrument pursuant to section 242 of the SPA 2009.

The Villa Site

The northern portion of the site is located within the Rural Residential, Low/Medium Density and Active/ Passive Recreation conceptual land use categories of Guragunbah Local Area Plan as identified below.


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Image 27- Subject site conceptual land use categories

The intent statement for the Guragunbah Local Area Plan reads:

“The purpose of this Local Area Plan (LAP) is to provide detailed planning and management for the Merrimac/Carrara Floodplain, now known by its Aboriginal name, Guragunbah. This flood plain is of enormous importance to the City. Guragunbah provides the last significant largely undeveloped remnant of the Nerang River flood plain system. This LAP seeks to protect the hydraulic functions of the Guragunbah flood plain, while allowing limited residential, tourism and recreational development.

There is also an opportunity to provide an extensive open space resource for the City which complements existing and future urban development.

Existing golf courses are intended to be maintained for their open space values and outdoor recreation opportunities. Development on such land will be limited to open space and recreation uses. Higher order uses, such as urban residential development, are considered undesirable and inappropriate on such sites.

This LAP is supported by three planning studies, namely the:

a) Guragunbah (Merrimac/Carrara Floodplain) Hydraulic Master Plan;

b) Report of the Merrimac/Carrara Floodplain Advisory Committee; and

c) Merrimac/Carrara Floodplain Tourism Strategy.

This LAP is extensively based on the work undertaken as a part of the Guragunbah (Merrimac/Carrara Floodplain) Structure Plan adopted by Council on 30 March 1998.

These planning studies provide a background to the formulation of the LAP and technical information to support the policy directions adopted. In the case of the Merrimac/Carrara Floodplain Tourism Strategy, these include a range of possible land use options for the flood plain, and in the case of the Guragunbah (Merrimac/Carrara Floodplain) Hydraulic Master Plan, criteria for the hydraulic assessment of development proposals.”


852 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The intent of the relevant conceptual land use categories are as follows:

Active/ Passive Recreation

“Public and private open space used for active and passive recreation, including ancillary buildings, existing and proposed golf courses and some existing public open space.”

Rural- Residential

“Detached single or dual occupancy residential dwellings on large semi-rural blocks, or equestrian based resort/residential development (refer to Part 4.4.1, Guragunbah (Merrimac/Carrara Floodplain) Tourism Strategy). Minimum lot size generally intended to be not more than one dwelling per 4,000m².”

Low- Medium Density Residential

“Detached residential dwellings and townhouses and minor ancillary uses. Includes resort style residential developments and retirement homes. Density intended to be not more than 25 units per hectare.”


The Preliminary Approval seeks to override the intent, LAP Specific Desired Environmental Outcomes and all other provisions of the Guragunbah Local Area Plan. The intent statement makes particular reference to aspects associated with land use, hydraulic function, scale and character and these issues have therefore been discussed in detail below.

Land Use

Section 7 of this report clearly identified the listed land uses within the Table of Development for the Guragunbah Local Area Plan and discussed the variations proposed by the Nerang TOD Code.

Officers identify that a minor level of conflict exists, as many of the land uses proposed are currently unlisted development within the Table of Development. The grounds to support the proposed land uses are as follows:

• Although forming part of an existing Golf Course, on 22 February 2011, Council resolved to exclude The Villa Site from the Protection of Golf Courses- 2003 Gold Coast Planning Scheme Amendment. This was on the basis that the site was considered by Council to have a significant strategic planning role in supporting transit oriented development and in achieving outcomes of the South East Queensland Regional Plan (SEQRP) that relate to compact development (Part D, Section 8).

Officers are satisfied this amendment alleviates the protection of The Villa Golf Course and therefore the establishment of development on the site is envisaged for the reasons discussed previously in section 7.

• The increased residential catchment will support the existing Nerang Railway Station and the rapid bus corridor proposed along Nerang Broadbeach Road, as identified within the Gold Coast City Transport Strategy 2031.


853 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • The site presents a significant opportunity for infill development that is in proximity to an

existing major centre that aids in maintaining the status of Nerang as a Regional Activity Centre.

• The introduction of Apartments and Aged Persons Accommodation and other listed residential land uses in the proposed tower form is consistent with the Local Area Features of the Guragunbah Local Area Plan, which states the following:

“It is envisaged that the Guragunbah area will ultimately comprise a limited mix of urban residential and tourist facilities, within a predominant environment of open space and ecologically sustainable waterways, which recognise the considerable recreation potential of the flood plain. In order to maximise the open character of the flood plain and minimise the cost of urban service provision and emergency response during flood events, urban development is expected to be clustered and, where possible, to represent a consolidation existing urban communities. As such, residential buildings may range from single dwelling houses to apartments, in an expansive landscaped environment, depending upon the opportunities presented by each site. Significant commercial or industrial development is not envisaged beyond limited local convenience or ancillary facilities and some expansion of the industrial areas on the western extremity of the flood plain.”

The above supports the establishment of residential uses in an apartment form provided development is clustered and in an expansive landscaped environment. The establishment of retail and commercial uses are also supported by the Local Area Features, as Officers have introduced a cap to limit the GFA to a local convenience scale only.

• Officers acknowledge there may be a perceived conflict when reviewing the conceptual land use categories awarded to the site.

However, it is important to consider the Planning Measures of the Guragunbah Local Area Plan which identifies the following:

“It is not divided into formal planning precincts for development control purposes. Instead, the entire LAP area is treated as a single land unit. This format has been adopted as a direct response to the major constraints on the future development of the Guragunbah Floodplain, and reflects the unique physical environment of the flood plain. It has proved not to be practical to denote precise boundaries to areas suitable for development, because of the role of the flood plain as a major flood storage area and the potential to alter or shift flood flows as part of an overall development scheme. The adopted format therefore provides considerable flexibility for creative design and land use solutions within the identified framework, whilst having due regard to the reasonable expectations of other landowners.

This LAP seeks to provide for a mix of land uses, including urban residential, tourism facilities and limited local commercial uses, within an environment of predominately open space and waterbodies. Urban development is expected to be clustered, to maximise the opportunities to provide open space areas. The LAP provides for more intensive development, where this is appropriate in the context of the future strategic development of the City, to support the key regional centre at Robina and the major new public transport interchanges at Nerang and Robina Railway Stations”.


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By not having formal planning precincts there is the ability for considerable flexibility for creative design and land use solutions. The above statements make reference to supporting the type of land uses proposed by the Nerang TOD Code and supporting more intensive development where a site supports major transport interchanges such as the Nerang Railway Station.

• Officers consider to proposed land uses suitable for the site and are satisfied the Nerang TOD Code includes provisions to ensure there is no detrimental impact on the surrounding neighbourhood.

Hydraulic Functions

The intent of the Guragunbah Local Area Plan is primarily to “protect the hydraulic functions of the Guragunbah flood plain, while allowing limited residential, tourism and recreational development.”

The Local Area Features of the Guragunbah Local Area Plan support the type of development proposed by the Nerang TOD Code, as the open character of the flood plain is maintained by providing an apartment form in an expansive landscaped open space environment.

“It is envisaged that the Guragunbah area will ultimately comprise a limited mix of urban residential and tourist facilities, within a predominant environment of open space and ecologically sustainable waterways, which recognise the considerable recreation potential of the flood plain. In order to maximise the open character of the flood plain and minimise the cost of urban service provision and emergency response during flood events, urban development is expected to be clustered and, where possible, to represent a consolidation existing urban communities. As such, residential buildings may range from single dwelling houses to apartments, in an expansive landscaped environment, depending upon the opportunities presented by each site.

As discussed in detail previously, the hydraulic functions of the site have been protected as the application seeks Preliminary Approval to lower the permanent level of the lake from 2m AHD to 1m AHD. This will not only provide detention storage, but will also aid in ensuring the development pads are above Q100. Flood storage for The Vila Site is maintained, with an excess of 1,208 cubic metres (gain).

The Guragunbah Local Area Plan seeks to ensure that all development is designed to ensure no adverse flooding impacts, by having regard to the cumulative effect of all likely development within the flood plain. As a result of the development, flood modelling indicates that minor impacts (up to 15mm) extend over the floodplain upstream. This includes the adjoining property to the west and also Council Parkland during a Q100 flood event. A letter has been submitted by the adjoining property owner accepting this 15mm flood level increase. This impact is considered negligible and does not affect the overall function of the floodplain.



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In a Q100 flood event, the highlighted area peaks at a depth of 740mm, for a wading distance of approximately 160m, with a velocity of 0.5m/s. A

Council’s Hydraulic Engineering section has reviewed the application and provide support for the proposal subject to the submission and Council approval of a flood emergency management plan, which must be lodged in conjunction with any future material change of use, reconfiguring a lot or operational works application, whichever occurs first.

Scale, form and character

The neighbouring area is characterised predominately by low rise detached and attached dwellings. The intent statement is somewhat silent on building height, however provisions within the Local Area Features and Planning Measures acknowledge that an Apartment built form may be provided where in an expansive landscaped environment and compatible with existing neighbouring properties.

In relation to building height, Officers recognise there may be a perceived conflict with the intent, as the Nerang TOD Code seeks building heights that exceed those existing of residential dwellings in the immediate area. The development has therefore been assessed against the LAP specific Desired Environmental Outcomes of the Guragunbah Local Area Plan as detailed below.

3.1 The achievement of urban development that is of a scale, form and character appropriate to the immediate local area and the intended open character of the flood plain (refer to DEO.Soc.1).


856 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The development proposes ten (10) Apartment buildings at the following heights:

•

• 2 x 4 storeys;

• 2 x 6 storeys;

• 3 x 8 storeys;

• 1 x 10 storeys;

• 1 x 11 storeys; and

• 1 x 13 storeys.

Officers acknowledge the development will exceed heights currently established within the immediate neighbourhood, but do not consider the heights to be detrimental to City’s existing skyline or to existing residential amenity. The grounds to support this position are as follows:

• The range of building heights proposed allow for variation in the City’s skyline to ensure there is no urban wall effect.

• The building heights will not unduly impact on the visual significance of the key coastal high rise spine from Southport to Broadbeach due to the scale and distance.

• Building heights transition from the tallest buildings in the centre of the site, to heights of four (4) to six (6) storeys when in proximity to existing residential development. Buildings in proximity to existing dwellings are setback a minimum of 10 to 15 metres from the shared property boundary. However due to the arrangement of the properties surrounding the site, separation distances to adjoining properties exceed the abovementioned distance as identified in the below image:

Image 29- Building separation distances- The Villa Site


857 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 • The transition in building heights to the periphery of the site, coupled with the separation

distances to existing residential properties adequately protects residential amenity.

• The approved building heights are consistent with heights approved in 2015 for the adjoining site to the west. This approval permitted five (5) apartment buildings ranging in height from 2 to 12 levels. The proposed heights of Building 1 and Building 2 (immediately fronting the Nerang River) are two (2) storeys less than what was approved on the adjoining site to the west.

• The compact building tower form ensures flood conveyance is not inhibited.

• Existing mature vegetation along the boundaries of the site is retained. This aids in maintaining landscape character and screens the development when viewed externally from the site.

• Provisions have been included in the Nerang TOD Code to ensure future development is designed and constructed to a high design standard and integrated with the environmental qualities of the site. Provisions ensure that the massing of future development creates distinctive towers rising from a landscaped setting to create a visually open skyline.

• The site totals 21.66ha in area and the proposal seeks to provide a tower form in a landscape setting, by retaining approximately 16ha to 17ha of the site within The Villa Communal Open Space Precinct.

The City Architect’s Office provided the following comments in support of the application:

“There is an appropriate arrangement of 10 buildings on the Villa Site with various heights ranging from 4 to 13 storeys. The scale of the buildings are appropriately positioned having regard to the surrounding development with the medium rise apartments located around the perimeter of the site and setback almost 15m from the western site boundary – affording an appropriate landscape, visual and acoustic buffer to the adjacent residents. The Villa Residential Precinct shows an appropriate transition in height with the high rise apartments located centrally and well setback from the boundaries.

The buildings for both Precincts will appear in a landscape setting, are well set back from waterways and corridors, and visually should not unduly impact on the amenity, character and views of the precinct.

The proximity of the development to Nerang Station, M1 highway, and to the Nerang centre village support the higher density and building height proposed as a transit oriented development.

The separation and set back distances between buildings still permits east-west view corridors to occur from the coastal spine to the hinterland. In our opinion the reduced 13 storey high rise development will not unduly impact on the visual significance of the key coastal high rise spine from Southport to Broadbeach due to the scale and distance.

The placement of the lower development along the southern and western boundaries with approximately minimum 15m buffers will alleviate any negative shadow impacts to the adjacent neighbours. The high rise apartments are positioned centrally within the


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site, with appropriate setbacks from the boundaries resulting in a minimal shadow impact to the surrounding precinct.

The massing diagrams submitted illustrate the maximum, development scenario consistent with the Place Code requirements, with the apartments appearing in a largely lush landscaped setting. As stated in the Place Code the buildings have a high design standard with a high level of building articulation through the use of colour and material variation. Building designs are required to be climatically responsive, have high visual amenity, variety, provide privacy and allow passive surveillance.”

Officers consider the development to achieve the outcome sought by DEO 3.1. The scale, form and character of the proposal is considered appropriate for the immediate area and maintains the intended open character of the flood plain.

3.2 The optimisation of opportunities for urban development, consistent with the environmental capacity of the land and the continuing functioning of the flood plain (refer to DEO.Soc.7).

The development has optimised opportunities for urban development by providing a series of intermitted towers separated by open landscaped space. Characteristics of the site being the topography and hydraulic constraints have resulted in the site layout and positioning of the building pads. The layout and strategic positioning of the buildings has respected the environmental capacity of the land and has ensured the development does not impact on the technical functionalities of the flood plain.

The site presents a unique opportunity to establish a medium to high density development in a form surrounded by open space, with approximately 16ha to 17ha of the 21.66ha site designated within The Villa Communal Open Space Precinct. The proposal allows for the establishment of development within an existing urban community well serviced by infrastructure. The proposal produces a development that is sympathetic to the existing Merrimac / Carrara Floodplain, by developing a confined area that will not impact on the flows of water in a flood event.

Officers consider the development to achieve the outcome sought by DEO 3.2. The proposal optimises opportunities for urban development to a level consistent with the environmental capacity of the land and does not impact upon the continuing function of the floodplain.

3.3 The maintenance of existing significant views and enhancement of the visual quality and landscape character of the flood plain, with significant open space areas located so that they are visible from the Pacific Highway, Gold Coast City Railway and other major transport routes (refer to DEO.Ecol.1).

The site is not identified as a designated view shed on Guragunbah Local Area Plan Map 14.3. As discussed above, Officers do not consider the proposed building height to be detrimental to the existing views, visual quality or amenity of the area. The building heights are considered appropriate for the City’s existing skyline, as in regards to legibility, the proposed heights will not compete with the high rise spine of the City.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The proposal is not considered to adversely affect views from surrounding properties, given the site’s position on the river and its separation distances to adjoining properties. The composition of selected medium to high rise elements projecting from a low-rise platform maintains a relationship with the character of the flood plain that is further enhanced by the surrounding open space areas.

Officers consider the development to achieve the outcome sought by DEO 3.3. The landscape character of the floodplain is maintained, with large areas of open space provided to ensure the existing significant views identified on the Guragunbah Local Area Plan Map 14.3 are not impacted upon.

3.4 The rehabilitation of existing degraded water environments within the region to replicate natural ecosystems that are appropriate to flood plain areas, (refer to DEO.Ecol.2).

The Nerang TOD Code has also been conditioned to provide a 30 metre setback from highest astronomical tide, which is consistent with the approval granted immediately west of the site in 2015. The conditioning of this 30 metre setback includes 20 metres of environmental covenant and a 10 metre buffer as private open space. Officers have also enforced provisions within the Code stipulating that all buildings, structures and earthworks are to be located outside of this area.

It is acknowledged that the conditioned 30 metre buffer to the Nerang River does not address all ecological and erosion issues for the Nerang River at this site. Therefore Officers have conditioned a Riverbank Stabilisation and Recovery Report to be lodged in conjunction with the first development permit.

The conditioning of a 30 metre setback to the Nerang River including 20 metres of environmental covenant will ultimately result in an improvement of riparian vegetation and associated riparian vegetation connectivity.

The submission of a stormwater management plan demonstrates the development does not adversely impact upon natural drainage catchments, river systems and other water bodies. The building platforms have been setback an appropriate distance from the existing waterways and Officers are satisfied that all stormwater discharged from the proposed development will be appropriately treated and managed. Conditions have been enforced requiring an amended stormwater management plan to be submitted along with a lake water quality management plan in conjunction with any Material Change of Use, Reconfiguring a Lot and Operational Works application (whichever occurs first).

Officers consider the development to achieve the outcome sought by DEO 3.4, as the development ensures the rehabilitation of existing water environments.

An assessment of the proposal against the higher order provisions of the Gold Coast Planning Scheme 2003 indicates the Nerang TOD Code is consistent with the Guragunbah specific DEOs of this Local Area Plan.

The Nerang TOD Code proposes to override the above LAP specific DEOs with five (5) new DEOs prescribed within section 3 of the Code. Officers have ensured provisions within the Nerang TOD Code achieve the outcomes of the above DEO 3.1 to DEO3.4.


860 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The Bowden Site

The southern portion of the site is located within Sub-Precinct 1 (Railway Residential) of the Railway Precinct (Precinct 4) of the Nerang Local Area Plan.

The intent statement for the Nerang Local Area Plan reads:

“The Local Area Plan (LAP) provides for the integrated and detailed planning of Nerang as a Regional Activity Centre, with a diverse range of employment functions, urban facilities and services, recreational facilities and residential opportunities. Nerang is recognised as containing certain major facilities that are not found elsewhere in the City.”

The intent statement for Precinct 4 (Railway) reads:

“This precinct is a pocket of land bounded by the Gold Coast City Railway Line to the east, the Nerang River to the north, the Pacific Motorway to the west and Nerang-Broadbeach Road to the south.

The Nerang Railway Station is located at the east of the precinct, and it is intended that development within this precinct (especially within a walking distance of 800 metres) be transit supportive. Accordingly, medium density residential development is preferred, and development should facilitate direct pedestrian cycle paths towards the station, where indicated on Nerang LAP Map 18.7 – Access & Mobility.

Two locations suitable for some form of commercial development are identified within the precinct (Sub-precincts 2 and 3). Development on these sites will be in accordance with existing approvals and with the guidelines contained in this LAP for Sub-precincts 2 and 3. Commercial development is not intended elsewhere in this precinct.

This precinct also abuts land identified as a future regional park, located adjacent to the Pacific Motorway and the Nerang River. Future development should contribute to this park area by increasing and improving pedestrian and cyclist access to and along the Nerang River and to the future regional park.”

The intent statement for Sub-precinct 1 (Railway Residential) reads:

“This sub-precinct has been identified, in order to provide the opportunity for innovative medium density housing that capitalises on the area's location, adjacent to the Nerang Railway Station.

High densities are to be oriented towards the railway station, and there is to be a transition in the height of the development, adjacent to land in the Open Space/Recreation/Community Precinct, in order to ensure an appropriate interface is achieved with nearby low density residential areas.

Retail and commercial uses are not intended in this sub-precinct, as adequate provision for these uses has been made in Sub-precincts 2 and 3.”


The Preliminary Approval seeks to override the intent, LAP Specific Desired Environmental Outcomes and all other provisions of the Nerang Local Area Plan.


861 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Land Use

Section 7 of this report clearly identified the listed land uses within the Table of Development of the Nerang Local Area Plan and as discussed the variations proposed by the Nerang TOD Code.

Officers identify that a minor level of conflict exists, as many of the land uses proposed (predominately commercial and retail) are currently unlisted development within the Table of Development. The grounds to support the proposed land uses are described below.

The proposed residential land uses (i.e. Aged Persons Accommodation) that are currently unlisted are considered appropriate in achieving the intent for sub-precinct 1, that seeks to provide innovative medium density housing that capitalises on the site’s proximity to the Nerang Railway Station.

The intent for Sub- Precinct 1 (Railway Residential) details that retail and commercial uses are not intended in this sub-precinct. As such, the Nerang Local Area Plan Table of Development excludes the small scale commercial and retail uses proposed as part of the Nerang TOD Code.

Officers are satisfied the proposal is only capable of serving the local neighbourhood. The uses have been capped at a GFA of 500m² and are limited to the ground floor of Building 6 only. The uses are considered to support the concept of transit oriented development, as the site will cater for the convenience needs for surrounding residents and will reduce the need to make vehicle trips.

Although Officers consider the proposal to comply with the overarching Nerang Local Area Plan intent and are satisfied the uses will in no way detract from the existing major services and facilities found in Nerang that grant it a Regional Activity Centre status, it is recognised there may be a perceived conflict with the sub-precinct intent statement and the Precinct 4 intent statement in relation to the provision of commercial and retail land uses.

Therefore, the proposal has also been assessed against the Nerang Local Area Plan Specific Desired Environmental Outcomes as detailed below.

3.1 The existing commercial centres, to the east and west of the Nerang River, develop strong independent identities, whilst being physically and functionally integrated to create an accessible, vital, viable and attractive town centre for Nerang (refer to DEO Soc.1).

The introduction of a range of retail and commercial uses is supported by Officers and is capped at a maximum 500m² of GFA within the precinct intent statement of the Nerang TOD Code. Officers consider the proposed amount of GFA subordinate to the residential component and are satisfied that the scale will not detract from the existing major services found in Nerang that grant it a Regional Activity Centre status. The establishment of these uses have also been limited to the ground floor of Building 6 only. This building is located on the corner of the site and is also in closest proximity to the Nerang Railway Station.

The scale of retail and commercial uses proposed will not detract from existing commercial centres or inhibit these centres from developing strong independent identities. The proposal will in no way compete with the town centre of Nerang and the residential catchment


862 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 proposed as a result of this development has the opportunity to provide a greater catchment to strengthen these existing commercial centres.

Officers consider the development to comply with DEO3.1.

3.2 The Nerang River becomes the linking element and focus for the whole town centre (refer to DEO Soc.1).

The Bowden Site is not located immediately adjacent to the Nerang River. Although in proximity, the proposed development in no way inhibits the ability for the Nerang River to become the linking element and focus for the whole Nerang town centre.

Officers consider the development to comply with DEO 3.2.

3.3 Safe, efficient and adequate transport linkages are provided within the LAP area and to the surrounding residential catchment, for pedestrians, cyclists, motorists and public transport patrons. In particular, linkages between Council's offices, commercial development on both sides of the Nerang River and the Nerang Railway Station are improved (refer to DEO Soc.6).

The Bowden Site is quite unique in terms of being an undeveloped greenfield site in a highly urbanised area, where existing transport infrastructure has already been established. The site has safe, efficient and adequate transport linkages to the Pacific Motorway and is in walking distance to both local and State controlled roads, existing public transport infrastructure (Nerang Train Station) and public bus stops. The site has direct access to Nerang Broadbeach Road which is identified as a key future infrastructure project (i.e. rapid bus corridor) within the Gold Coast City Transport Strategy 2031. The site fronts a portion of Bowden Court that has recently undergone works by Council to construct a two (2) metre wide footpath in preparation for the Commonwealth Games. The site is well serviced by infrastructure to provide safe, efficient and adequate transport linkages for a range of users.


3.4 The range of employment and service functions within Nerang is diversified, consistent with its Regional Activity Centre status, to facilitate its role as a major retail, commercial, cultural and administrative centre for the surrounding rural and rural-residential areas, its own urban population (refer to DEO Econ.3).

As discussed previously, Officers consider the range and type of land uses proposed appropriate for the subject site. The uses proposed will diversify the range of services provided within Nerang, by meeting convenience needs, not higher order retail and commercial needs. The scale of uses is adequately controlled by precinct provisions within the Nerang TOD Code to ensure the strength of existing centres and Nerang as a Regional Activity Centre is not fragmented. Officers consider the uses to act subordinate to the proposed and existing residential catchment in proximity to the Nerang Railway Station.


Density

The sub-precinct intent seeks the establishment of medium density housing, but also makes provision for high densities where orientated towards the Nerang Railway Station. The maximum residential density support by the Nerang Local Area Plan Map 18.5 is RD5


863 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 (1 bedroom per 50m² of net site area). The number of bedrooms proposed remains unknown as the application is seeking a Preliminary Approval and no detailed design work has occurred. A maximum dwelling density of 224 dwellings has been imposed by the Code which is considered appropriate by Officers. This equates to a density of 1 dwelling per 62.14m² or 161 dwellings per net hectare. The density is considered to constitute a medium to high density development that provides a suitable residential catchment within a 200 metre to 400 metre walking distance of the Nerang Railway Station.

Building Height

The maximum building heights of four (4) storeys provide an appropriate transition to existing properties in proximity to the site. The site is bound by road or public park on all sides and development in closest proximity to the site is either one (1) to three (3) storeys in height and as demonstrated below sufficient separation is provided.

Image 30- Separation distances- The Bowden Site

To protect privacy and amenity of residents in closest proximity to the site, building design controls have been incorporated into the provisions of the Code.

The City Architect’s Office provided the following comments in relation to building height:

“The proposal for the Bowden Street Precinct equally acknowledges the scale of the existing surrounding development. There are 6 buildings now at 4 storeys each. The revised height will complement the existing surrounding development.”


864 Adopted Report


“The buildings for both Precincts will appear in a landscape setting, are well set back from waterways and corridors, and visually should not unduly impact on the amenity, character and views of the precinct.”

“The proximity of the development to Nerang Station, M1 highway, and to the Nerang centre village support the higher density and building height proposed as a Transit Oriented Development.”

“The massing diagrams submitted illustrate the maximum, development scenario consistent with the Place Code requirements. As stated in the Place Code the buildings have a high design standard with a high level of building articulation through the use of colour and material variation. Building designs are required to be climatically responsive, have high visual amenity, variety, provide privacy and allow passive surveillance.”

An assessment of the proposal against the higher order provisions of the Gold Coast Planning Scheme 2003 indicates the Nerang TOD Code is consistent with the Nerang specific DEOs of this Local Area Plan.

The Nerang TOD Code proposes to override the above LAP specific DEOs with five (5) new DEOs prescribed within section 3 of the Code. Officers have ensured provisions within the Nerang TOD Code achieve the outcomes of DEO 3.1 to DEO 3.4.

Desired Environmental Outcomes

Given the nature of development application, an assessment of the proposal against the higher order provisions of the Planning Scheme has been undertaken.

All development is consistent with LAP specific DEOs as discussed in detail previously.

The proposal is also considered consistent with the relevant Citywide DEOs described below. DEOs have only been identified where having specific relevance to the development application. Each DEO is sought to be achieved to the extent practical having regard to each of the other DEOs.

Part 2- Desired Environmental outcomes: Chapter 2- Ecological Processes

DEO Ecol. 1- “The conservation of areas containing native vegetation of international, national, state, regional or local significance, and of other nature ecosystems, to ensure maintenance of the city’s biodiversity and natural landscape values”

Riparian vegetation is identified on-site along the northern boundary, fronting the Nerang River. Officers have supported the development subject to a condition requiring a 30m setback from highest astronomical tide (HAT). This buffer is to consist of a 20 metre wide covenant area and an additional 10 metre setback for private open space. All building, structures and earthworks are to be outside of this 30 metre buffer area. To ensure protection of the existing ecosystem and Nerang River bank, conditions have also been enforced requiring the submission of a covenant area management plan, river bank stabilisation and recovery report and rehabilitation management plan in conjunction with any Material Change of Use, Reconfiguring a Lot and Operational Works application (whichever occurs first).


865 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The development is consistent with Ecological Processes Desired Environmental Outcome 1.

DEO Ecol. 2- “The protection of natural drainage catchments, river systems and other waterbodies to maintain the ecological values and functions of the ecosystems and health of the human communities that they support, and to enhance their value for maintenance of flora and fauna, recreation and other uses.”

The Nerang TOD Code has been conditioned to provide a 30 metre setback from highest astronomical tide, which is consistent with the approval granted immediately west of the site in 2015. The conditioning of this 30 metre setback includes 20 metres of environmental covenant and a 10 metre buffer as private open space. Officers have also enforced provisions within the Code stipulating that all buildings, structures and earthworks are to be located outside of this area.

It is acknowledged that the conditioned 30 metre buffer to the Nerang River does not address all ecological and erosion issues for the Nerang River at this site. Therefore Officers have conditioned a riverbank stabilisation and recovery report to be lodged in conjunction with any future development permit.

The conditioning of a 30 metre setback to the Nerang River including 20 metres of environmental covenant will ultimately result in an improvement of riparian vegetation and associated riparian vegetation connectivity.

The buffer will assist in providing connectivity along the Nerang River, contribution to fauna movement corridor and habitat, and riparian communities that contribute to biodiversity within the local area.

The submission of a stormwater management plan demonstrates the development does not adversely impact upon natural drainage catchments, river systems and other water bodies. The building platforms have been setback an appropriate distance from the existing waterways and Officers are satisfied that all stormwater discharged from the proposed development will be appropriately treated and managed. Conditions have been enforced requiring an amended stormwater management plan and lake water quality management plan to be submitted in conjunction with any Material Change of Use, Reconfiguring a Lot and Operational Works application (whichever occurs first).

The management of acid sulfate soils and contaminants are to be managed in accordance with an approved Acid Sulfate Soil Management Plan that is conditioned to be provided in conjunction with any future application.

The development is consistent with Ecological Processes Desired Environmental Outcome 2.

DEO Ecol. 3- “The maintenance of high standards of air quality, including minimising and reducing greenhouse gas emissions.”

The development provides an urban form predominately within a 200 metre to 800 metre walking distance of the Nerang Railway Station which takes advantage of existing public transport systems and reduces car dependences. Controls have also been introduced into the Code to ensure design of new development minimising the use of non-renewable energy resources by promoting energy efficient building design.


866 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The development is consistent with achievement Ecological Processes Desired Environmental Outcome 3.

DEO Ecol. 4- “The minimisation of waste products and the provision of efficient systems to ensure their effective reuse, treatment or, where unavoidable, disposal.”

The Nerang TOD Code includes provisions to ensure all future development is serviced and that appropriate waste management infrastructure is provided on site.

The development is consistent with Economic Development Desired Environmental Outcome 4.

Part 2- Desired Environmental outcomes: Chapter 3- Economic Development

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

As discussed in detail previously, Officers consider the proposed mix of land uses conducive to the site. The uses will provide a degree of new business opportunities on a scale that is subordinate to Nerang’s established centres, yet supportive to its status as a Regional Activity Centre.


DEO Econ. 2- “Enhanced employment and investment opportunities through better integration of residential and business activity, whilst protecting the residential amenity.”

DEO Econ. 3- “The provision of a viable system of Activity Centres (based on service catchments) and Activity Clusters (based on the locational needs of productive business sectors) to ensure that the City’s communities have access to a wide range of suitably planned and located goods and services.”

The subject site is located near the Nerang Regional Activity Centre and Industrial Employment Cluster as identified on the Planning Strategy Activity Centre Map. The development will increase population in close proximity to these existing centres to contribute to their ongoing viability.

The development proposes a convenience level of retail and commercial services only and does not provide for higher order retail and commercial needs. As discussed in detail previously, Officers are satisfied that the proposed integration of residential and business activity is appropriate for the site and provisions within the Code ensure the protection of residential amenity.

The development is consistent with Economic Development Desired Environmental Outcome 2 or 3.

DEO Econ. 6- “The use and safe operation of existing and committed infrastructure is maximised and future infrastructure is provided efficiently.”


867 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The unique greenfield site seeks to introduce a significant residential catchment predominately within a 200 metre to 800 metre walking distance of the Nerang Railway Station. The site benefits from existing sewer, water, stormwater, transport and recreation infrastructure and although some non-trunk augmentation works are required, the cost to upgrade the services in an infill location would be significantly less than the cost to develop a similar proposal on the fringe of the City. The proposal maximises the value of infrastructure provisions by attracting a larger catchment of people who will have reasonable access to public transport, employment and recreation services.


Part 2- Desired Environmental outcomes: Chapter 4- Community Wellbeing

DEO Soc 1- “The establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for the various communities of Gold Coast City.”

As discussed in detail previously, although exceeding the height of existing buildings within the immediate area, the proposal is considered to provide an outcome that transitions well to existing development. The heights do not result in detrimental impacts upon surrounding properties and the Code has included provisions relating to tree retention and the establishment of landscape buffers to ensure local character is maintained.

The development is consistent with Community Wellbeing Desired Environmental Outcome 1.

DEO Soc 2- “The location and design of residential areas and support facilities to maximise accessibility to community facilities and places of employment, and to maximise opportunities for community interaction.”

The development concept proposed by the Nerang TOD Code includes opportunities for community interaction by providing a mix of land uses and the provision of communal open space. The site is in proximity to a number of recreation and open systems such as Burchill Park and also directly adjoins Boulton Park and Riverbend Park.

The development will increase population in close proximity to existing centres and places of employment.


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 equity in access to goods and services.”

The Nerang TOD Code provides flexibility in relation to land uses and the types of product that are envisaged. This ensures changes can occur to reflect the ever evolving demographic structure of the City.


DEO Soc 6- “The provision of a safe, clean, accessible and affordable transport system that efficiently connects the various parts of the city, and offers choice and convenience for residents and visitors.”


868 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 As discussed in detail throughout this report, the site is within a walkable distance to the Nerang Railway Station which also acts as a major bus interchange. There is supporting infrastructure such as footpaths that provide a direct connection to the Nerang Railway Station and there is adequate opportunity for residents to utilise the public transport system to gain access to the site.


DEO Soc 7- “The location and design of development to minimise the potential risk to life and property from known natural hazards.”

As discussed in detail throughout this report, the development has been designed to mitigate risks associated with loss of life and property as a result of flooding.

A flood emergency management plan has been conditioned which must be lodged and approved by Council with any future material change of use, reconfiguring a lot or operational works application, whichever occurs first.


7.2 City Plan

The subject site is located within two (2) zones of the City Plan.

Image 31- Zoning under City Plan

The northern parcel of land (The Villa Site) is located within the Limited Development (Constrained Land) Zone and is identified on Conceptual Land Use Map 10- Merrimac/ Carrara Floodplain as a Special Management Area.

The site is identified as having a 2.5 storey/ 9 metre Code Assessment building height and a Code Assessment residential density of one (1) dwelling per lot. However, the Overall Outcomes of the Limited Development (Constrained Land) Zone Code envisage low to medium rise (up to 8 storeys or 32 metres) buildings.


869 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The southern parcel of land (The Bowden Site) is located within the Medium Density Residential Zone. As per the building height overlay map, the site is awarded a building height of 3 storeys / 15 metres and has a residential density designation of RD 5 (1 bedroom per 50m² of net site area).

The subject application was deemed Properly Made with Council on 23 September 2014, with public notification completed and the decision making period starting September 2015. The Applicant lodged a changed application within the decision making stage (May 2016) and as a result the Department of Infrastructure, Local Government and Planning issued an amended Concurrence Agency response dated 21 June 2016. As per section 319(a) of the SPA 2009, if a Concurrence Agency gives an amended response under section 290, the decision making period starts again from the beginning, the day after the amended response is received by the Assessment Manager.

Considering the application was lodged in 2014 and originally entered decision prior to the City Plan coming into effect, in accordance with section 317 of the SPA 2009, while Officers have had regard to City Plan, the assessment of this application has focused primarily on the 2003 Planning Scheme.

The assessment of the application has been made against the scheme inforce at the time of the original decision making period commencing.

8 STATE PLANNING POLICIES

The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended July 2014) to simplify and clarify matters of state interest in land use planning and development. It is considered that the provisions of the SPP have been appropriately reflected within the requirements of the Planning Scheme. It is considered that the State interests relevant to the assessment of this application include:

• Liveable communities;

• Biodiversity;

• Coastal Environment;

• Water Quality; and

• Natural Hazards, Risk and Resilience

The development application has addressed the SPP by including all relevant technical assessment and suggested mitigation measures where applicable.

It is considered that the development application has adequately addressed the requirements of the relevant State planning policies.

9 STATE PLANNING REGULATORY PROVISIONS

The State Planning Regulatory Provisions – Adopted Charges

Infrastructure charges have not been calculated or imposed as this is a preliminary approval under section 242 of the Sustainable Planning Act 2009. Infrastructure charges will be assessed and charged at the time of subsequent development permits for material change of use or building work.


870 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The State Planning Regulatory Provisions – South East Queensland Regional Plan

The SEQRP is applicable to the proposed development, refer to discussion below.

10 SOUTH EAST QUEENSLAND REGIONAL PLAN

The subject application is located within the Urban Footprint Land Use Category of the South- East Queensland Regional Plan 2009-2031. The proposal is considered to comply with the objectives of the South East Queensland Regional Plan.

11 INTERNAL REFERRALS

The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 25 September 2014.

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

Health and Regulatory Services have assessed the proposal and provide conditions of approval relating to acoustic mitigation and waste management.

The recommended conditions of approval have been reviewed and included in the Officer’s Recommendation.

11.2 Transport Assessment

Transport Assessment provided the following comments:

“As a result of the changed application, the development parameters including building heights development yield were significantly reduced (reduction from 1618 units to 1170 units). From a transport perspective, the site layouts have not changed i.e. vehicular access points, internal circulation roads and pedestrian connectivity have not changed. It is reiterated that detailed car parking layouts have not been submitted at this point as the proposal is for a Preliminary Approval and will be assessed as part of future applications.


871 Adopted Report


The Applicant has not submitted a revised Traffic Impact Assessment (TIA) as part of the changed application, however, the original TIA showed no capacity-related impacts to Council-controlled intersections. Based on a reduced development yield (448 units), Transport Assessment remains of the opinion that the proposed development will not have an adverse impact on the capacity of any locally-controlled (Council) intersections.

The Applicant has been conditioned to submit a Road and Pavement Impact Assessment in conjunction with any development permit lodged as a result of the application. Therefore the need for upgrades to road pavements (i.e. pavement depth and composition) to appropriate standards is still yet to be determined, and will be subject to further assessment with the subsequent Development Permits. The development is also conditioned to apply for an Operational Works permit (within three (3) months of completing the report), to obtain approval for the works, with any identified works to be undertaken by the applicant.

Traffic Impact

Car Parking, Access and Transport Integration Constraint Code

Performance Criteria Acceptable Solution

PC24

Where appropriate, specific measures must be taken in the provision of car parking spaces and access to these, to ensure that the traffic impacts of the car park area's use does not have a negative impact on the local amenity and the operation of the local street network.

AS24

A Traffic Impact Report is prepared and implemented, unless: a) the development has less than 250 high turnover or 500 low turnover parking spaces; or b) it has less than 100 parking spaces with direct access to a major road; or c) the Assessment Manager advises a Traffic Impact Report is not required. This Traffic Impact Report shows how the proposed development is able to comply with the provisions of this code and Section 7.4 of Planning Scheme Policy 11 – Land Development Guidelines.

Development Traffic Generation

Bitzios Consulting’s Traffic Impact Assessment report (submitted with the original application) applied a peak trip rate of 0.35 vehicle trips per unit/hour. Typically, Transport officers would apply a peak trip rate of 0.4 trips per unit/hour for high density residential development (Appendix 3A of Transport and Main Roads’ Road Planning and Design Manual). However, the NSW Roads and Maritime Services (RMS) has published more current data on standard trip rates (RMS’ Technical Direction TDT 2013/04). A range is given for Sydney (up to 0.32 trips per unit/hour), and regional areas (starting at 0.39 trips per unit/hour). The trip rates applied by Bitzios are within these ranges and therefore considered to be reasonable. Of note, the difference in development trip generation (between a rate of 0.35 and a rate of 0.4) would be 80


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trips. This is not considered to make a significant difference with respect to overall trip volumes.

The State is a concurrence agency for this development application. Transport and Main Roads (TMR) accepted a rate of 0.35 trips per unit/hour for PM peak traffic, however, requested the applicant to further interrogate the proposed AM peak trip rates. The subsequent assessment provided by Bitzios Consulting adopted a rate of 0.4 trips per unit/hour for the AM peak (endorsed by TMR), and included a revised traffic assessment of the relevant intersections.

Both the Villa and Bowden Court sites propose some non-residential uses, representing a maximum of 500 m2 GFA on each site (1,000 m2 total). These uses may include a combination of Restaurant, Shop, Office, etc. Combined, these uses have the potential to generate approximately 120 peak hour vehicle trips (maximum). However, it is likely that the trip generation will be lower, as the standard rate generally applies to traditional retail uses. Also, the non-residential uses will experience some degree of ‘internal trips’ (i.e. residents of the subject development) and walk-up trade from nearby areas. As seen in Table 1 below, the trip generation potential for non-residential land uses is somewhat marginal compared to the residential uses, representing up to only 10-15% of the expected residential trip generation.

Transport Assessment has modified the relevant trip generation tables to reflect the revised development yield. Based on the previously accepted rates (original application), the revised development yield is expected to result in peak and daily trip generation as shown in Table 1:

Table 1 - Estimated Development Trip Generation

Peak Trip Volumes Daily Trip Volumes

AM PM

Villa site

• 946 units

• 500 m2 GFA non-residential uses

378 vph

60 vph

331 vph

60 vph 3,845 vpd

Bowden Court site

• 224 units

• 500 m2 GFA non-residential uses

90 vph

60 vph

78 vph

60 vph

1,140 vpd

TOTAL 588 vph 529 vph 4,985 vpd *Daily trip generation for non-residential uses has been assumed as 5 x peak (rather than the typical 10 x peak), given that the mix of uses has not been confirmed, and will attract some proportion of ‘internal’ trips i.e. residents of the subject development, and walk-up trade from nearby areas.


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Development Trip Distribution Peak splits have been adopted as 70% OUT / 30% IN (AM), and 40% OUT / 60% IN (PM), consistent with typical peak distributions.

The Traffic Impact Assessment report and ‘Additional Response’ prepared by Bitzios Consulting (which is not based on the reduced yield of 1170 units) assumes that around 75% of traffic will exit to Nerang-Broadbeach Road (in the morning peak) via Bowden Court and Warrener Street. The assessment includes a conservative assessment that up to 15% of development traffic may exit via Paradise Street, as an alternate option in the case of delays at the Nerang-Broadbeach Road / Warrener Street signals. The assessment assumes the remaining 10% would exit via Riverview Road. Transport Assessment agree with these assumptions, based on the road network layout (all-movements at Warrener Street). The TIA also conservatively assumes that traffic using Bowden Court to access Nerang-Broadbeach Road will use Warrener Street, rather than Leagues Club Drive.

The TIA assumes that around 60% of vehicles returning in the evening peak will enter via the signals at Nerang-Broadbeach Road / Warrener Street. The TIA also assumes that 20% of traffic will enter via Riverview Road, 10% via Paradise Street and 10-15 % via Warrener Street (west). Transport Assessment consider these distributions to be sensible, given the road network layout (‘free’ left turns at both Riverview Road and Paradise Street), versus signals at Warrener Street, and the location of attractors (the Pacific Motorway to the west and the coastal strip to the east). If anything, a higher volume of vehicles may return home using the signals at Warrener Street. If this were the case, fewer cars would utilise the local road network to access the subject development.

It is noted that no access is proposed via Eden Court, nor is any development traffic expected to use Pine Grove Street.

It is emphasised that Nerang-Broadbeach Road and its intersection with Warrener Street, is State-controlled. As such, any traffic impacts at these locations are of State interest, as Council has no jurisdiction in this regard.

Based on the previously accepted trip distributions (original application), Table 2 shows the peak and daily traffic volumes expected on local roads as a result of the proposed development (reduced yield of 1,170 units). Background traffic in 2018 (year-of-opening) and 2028 (10-years post-development) has been estimated based on a linear growth rate of 1.5% applied to surveyed traffic volumes.


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Intersection Capacity Analysis Bitzios Consulting undertook intersection capacity (not based on the reduced yield of 1,170 units) analyses for the following intersections:

• Riverview Road / Eden Court

• Bowden Court / Warrener Street

• Nerang-Broadbeach Road / Warrener Street / Lawrence Drive

• Riverview Road / Villa Site Access

The analyses demonstrated sufficient capacity at all intersections, for a period of 10 years post-development opening (2028), with the exception of the signalised intersection at Nerang-Broadbeach Road / Warrener Street / Lawrence Drive. However, as discussed, this intersection is State-controlled, and works have been conditioned by the State.

The analysis demonstrated that all intersections within the local road network (Council roads) are expected to operate within performance thresholds with the addition of development traffic, over a 10-year design period.

To reiterate, the Traffic Impact Assessment showed no capacity-related impacts to Council-controlled intersections.

With reference to works on State-controlled roads, it is noted that the revised Bitzios assessment indicated that some remedial works would need to be carried out on Warrener Street, at the intersection of Nerang-Broadbeach Road, in order to increase capacity and prevent vehicles queuing back through the Warrener Street roundabout.


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The Bitzios report demonstrates that these works can be achieved within the existing road reserve. It is again reiterated that the intersection of Nerang-Broadbeach Road and Warrener Street is State-controlled, and the associated works have been conditioned by the State.

Pavement Impacts and Road Cross-Sections The embedded officers from City Infrastructure (as Council’s asset owner) have identified that the volume of development traffic may exceed the defined threshold for pavement construction of the respective roads. City infrastructure has therefore provided a condition to the Assessing Officer requiring the applicant to submit a Road and Pavement Impact Assessment.

Notwithstanding this, Transport Assessment provides the following commentary on the existing cross-section (not pavement construction) of roads in the subject area. It appears that a number of the roads are built to cross-sections based on a superseded version of the Land Development Guidelines (or similar). In this regard, some of the roads achieve a pavement width that appears to accord with a higher-order road standard, if it were compared to current cross-sections. This, however, does not necessarily mean that the pavement construction is built to the higher classification.

• Bowden Court – appears to be built to a ‘Two Lane Urban Road’ standard from just north of the Train Station access to Nerang-Broadbeach Road, with an 11 m wide pavement on a 20 m road reserve. In accordance with the City’s Land Development Guidelines, this road classification can accommodate 3,000 – 14,000 vehicles per day.

North of the station access, Bowden Court narrows to a Residential Collector Street standard (7.5 m wide pavement on a 16.5 m road reserve). This road classification can accommodate 750 - 3,000 vpd.

• Riverview Road – appears to be built to a ‘Residential Collector – Designated Bus Route’ classification, with a 9-10 m pavement on a 20 m road reserve. A typical Collector Street (Bus Route) has a 10 m wide pavement on a 19 m reserve. The northern side of Riverview Road has a 6.5 m wide verge (typically 4.5 m). This road classification can accommodate 750 - 3,000 vpd.

The Riverview Road cul-de-sac (at the proposed Villa site access) has a reserve width of around 24 m.

• Eden Court – No development access is proposed from Eden Court.

• Paradise Street – appears to be built to a ‘Residential Collector – Designated Bus Route’ classification, based on a constructed pavement width of 10 m on a 20 m road reserve. A typical Bus Route Collector has a 10 m wide pavement on a 19 m reserve. However, it is unlikely that buses travel along Paradise Street, as it is a non-direct route to the transit interchange (Nerang Station). Paradise Street is more likely identified as a Residential Street, however, with the wide pavement and road reserve (similar to a Residential Collector) could be expected to accommodate 750 - 3,000 vpd.

The eastern verge of Paradise Street is 5.5 m wide (typically 4.5 m).


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• Warrener Street (west) - appears to be built to a ‘Residential Collector – Designated Bus Route’ classification, with a 9 m pavement on a 20 m road reserve. A typical Collector Street (Bus Route) has a 10 m wide pavement on a 19 m reserve. The northern side of Warrener Street has a 6.5 m wide verge (typically 4.5 m). This road classification can accommodate 750 - 3,000 vpd.

• Warrener Street (south) - appears to be built to a ‘Two Lane Urban Road’ standard, between Nerang-Broadbeach Road and the Bowden Court roundabout. The roadway has a 12.5 m pavement width (with 2.5 m central median) on a 23 m road reserve. A typical Two Lane Urban Road has an 11 m pavement on a 20 m reserve. In accordance with the City’s Land Development Guidelines, this road classification can accommodate 3,000 – 14,000 vehicles per day.

To reiterate, the above comments are based on observations only. Surveys and pavement testing would be required to accurately determine the standard of road (including pavement construction) and therefore operating capacities.

The ‘Total Traffic Volumes’ column in Table 2 identifies the required capacities for the respective roads. Depending on the existing pavement construction (and hence daily capacity thresholds), roads may need to be upgraded. This may include upgrade of road pavements, and or road widening. Should road widening be required, the Applicant will need to demonstrate that this can be achieved (i.e. land under their control) and that land will be dedicated at no cost to Council. Conditions requiring specific road upgrades cannot be applied at this point, as the existing pavement construction of these roads is unknown.

However, based on the volume of traffic expected to be generated by the Villa site alone (> 5,000 vpd), it is likely that the pavement of the Riverview Road cul-de-sac head will need to be upgraded. The pavement Impact Assessment will determine the appropriate standard of pavement construction. In addition, the cul-de-sac head will need to be constructed to a 20 m diameter to allow turn-around by a 10.2 m front-loading Waste Collection Vehicle. The pavement width of the travel lanes should be maintained at a minimum of 11m, which appears to be achievable with removal of existing chevron linemarking. This has been conditioned.

City Infrastructure has recommended a condition for inclusion in the Decision Notice, requiring the applicant to submit a Road and Pavement Impact Assessment. This assessment, amongst other things, will establish the existing pavement construction of the subject roads, and address whether or not pavements need to be upgraded. Transport Assessment has worked with the Assessing Officer in adding some additional elements to the condition, namely:

• Identification of the road cross-sectional standards that the subject roads are to be built to, based on development traffic volume and distribution; and

• Identification of timing triggers for upgrade of subject roads i.e. number of dwellings at which pavements would need to be upgraded.


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Vehicular Access Locations The Bowden Site

Access to The Bowden Site is proposed at two locations, one of which is aligned with the existing train station access. Aligning the Bowden Court access with the train station access would effectively create two driveways opposite each other. However, it is important to note that these are access driveways, and not public roadways. The relevance of this is that fewer trips are expected, therefore reducing the conflict potential.

Peak traffic activity at this location would occur in the evenings, with commuters leaving the train station and residents returning home. The Bowden Court site would be expected to generate approximately 81 trips in the evening peak hour. Trip demands at the train station access are unknown. However, the majority of commuters would exit the station left onto Bowden Court (unopposed), while residents would turn left (unopposed) into the Bowden Court site. These movements would be unopposed, both with respect to traffic on the public road and each other. The volumes expected are not anticipated to warrant the need for traffic control (such as a roundabout) at this location. Being access driveways, vehicles leaving both the Bowden Court site and train station would (by law) be required to give way to traffic on Bowden Court. Access to the Bowden Court site would intentionally be constructed so as to visually appear as an access driveway, reinforcing to drivers that they must give way to vehicles on the public roadway.

The Villa Site

Vehicular access is proposed from Riverview Road (cul-de-sac). No vehicular access is proposed via Eden Court. The applicant made reference to the potential to use Eden Court temporarily for construction traffic. This is not supported, as Eden Court is a residential street and has not been constructed to accommodate significant volumes of heavy vehicle traffic, nor would potential impacts to residential amenity be supported by Planning Assessment.

Car Parking Provision

Car Parking, Access and Transport Integration Constraint Code


PC16

Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles.

AS16.1

Car parking is provided in accordance with the

number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1.


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Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or redevelopment over time to a variety of uses, increased densities or increased employment intensity.

Car parking is proposed for the development at a rate of 1 space per 1 bedroom unit, 1.25 spaces per 2 bedroom unit, 2 spaces per 3-bedroom (and larger) units, with Home Occupation requiring 1 space in addition to the car parking required for the associated residential unit. These parking rates are generally reflective of the City Plan Transport Code.

In comparison, it is noted that the City Plan requires only 1 parking space per unit (regardless of size) for sites located in mapped ‘Centre Zones’ in Nerang. It is interesting to note that these Centre Zones are located on the western side of the Pacific Motorway. In contrast, the subject sites (which are not mapped as Centre Zones) are afforded much greater access to public transport services, being located adjacent to the Nerang Rail Station. The City Plan rate for ‘Home Based Business’ is 2 spaces, or 1 space for Home Office. A provision rate of 1 space per Home Occupation is recommended to reflect opportunities for shared use of car parking and access to alternative travel modes as part of the proposed development.

Visitor parking is proposed at a rate of 1 space per 10 units. The City Plan requires 2 spaces + 1 space per 10 units. The additional 2 spaces are to ensure that a certain minimum number of spaces are provided for small scale development (i.e. 3 minimum). For a development of the scale proposed, the additional 2 spaces are not considered particularly significant. Also, parking will be provided for the non-residential uses which could be used by residential visitors outside of typical business hours. The proposed visitor parking rate is considered sufficient.

These parking rates are generally reflective of City Plan (which indicates the City’s strategic intent) and are considered by Transport Assessment to be sufficient in the context of the development’s location.

Transport Assessment is supportive of the car parking rate for non-residential uses to be set at 1 space per 100m² of total use area. This rate also takes reference from the City Plan and recognises the site’s proximity to Nerang Rail Station, and therefore access to high frequency bus and heavy rail services, in accordance with providing a ‘neighbourhood convenience’ function i.e. local or walk-up trips.

These proposed car parking rates are considered to have regard to achieving sustainable travel outcomes consistent with the City’s Transport Strategy 2031. Compliance with PC16 is deemed to be achieved in this regard.

Bicycle Parking Provision Bicycle parking rates prescribed are largely consistent with those in City Plan. The Applicant was requested to include bicycle parking rates in the Development Code, to


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provide opportunities for alternative travel modes and to instigate mode shifts. Bicycle parking rates have been proposed as follows:

• 1 space per unit (residents);

• 1 space per 6 units (visitors);

• 1 space per 100m² TUA (non-residential uses and staff); and

• 1 space per 50m² TUA (non-residential uses and visitors).

Bicycle parking rates proposed are endorsed by Transport Assessment officers, and future MCU applications will be conditioned accordingly.

Rates are consistent with those prescribed in City Plan, with a minor exception being 1 space per 6 units for residential visitors (as opposed to 1 space per 3 units). This is based on feedback from the development industry, and also acknowledges that there will be bicycle parking provided additionally for the non-residential uses. Car Parking Design & Layout Car Parking, Access and Transport Integration Constraint Code

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

AS3.1 All car parking spaces and facilities are constructed, sealed, line marked and maintained in accordance with the layout requirements of AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles. AS3.2 Where the development includes a combination of low turnover and high turnover car spaces, the parking spaces and aisles are designed to the high turnover or Class 3 requirements in AS2980.1 – Parking Facilities Part 1: Off Street Car Parking.

Detailed car parking layouts have not been developed at this stage as the application is seeking Preliminary Approval only. In any case, design parameters have been set in the Development Code, requiring car parking facilities to be designed to Australian Standards AS2890.1, achieving compliance with AS3.1. A review of detailed car parking layouts will be conducted when future development applications are received. This would also include assessment of service vehicle access.


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Pedestrian & Cyclist Infrastructure Car Parking, Access and Transport Integration Constraint Code


PC8

Car parking areas providing more than 20 car parking spaces must allow for the separation of vehicles and pedestrians.

AS8

Sealed pedestrian footpaths, at a gradient not exceeding 1:12, are provided from the car parking area along the shortest possible route to the point of destination.

PC19

All development must make provision for safe pedestrian access to the building from the street and from any car parking or set down area to the building’s main entrance.

AS19.1

The design of the development ensures that priority is given to pedestrians for direct links to the building’s main entrance and to any adjoining local activities or public transport services.

Internal Pedestrian Connectivity

Internal pedestrian connectivity will be assessed when detailed designs are submitted with future applications, in order to achieve compliance with PC8.

External Pedestrian Connectivity

The footpath fronting the Bowden Court site was recently extended just north of the train station access, south, towards the roundabout at Warrener Street. This provides a more complete pedestrian link to the train station. The path does not extend all the way to the roundabout, as the land on the north west corner of the roundabout is Council-owned park. Ultimately, it would be desirable for this path to extend to the northern side of Warrener Street, with a kerb ramp to direct pedestrians onto the footpath on the southern side of Warrener Street. However, this would be at Council’s discretion (Council-owned land).

At the northern and southern ends of the site’s frontage to Bowden Court, crossing points (kerb ramps) are provided to direct pedestrians to existing footpaths located on Riverview Road and on the opposite side of Bowden Court.

Provision for a footpath along the Riverview Road cul-de-sac (providing access to the Villa Site) can be conditioned. The condition will require footpaths along both sides of the cul-de-sac, with the path on the north-west side extending to connect to the existing path and kerb ramp at Riverbend Park.


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It is not practical to require construction of a footpath along the north-east side of Bowden Court, as there are mature trees located within this section of verge. In addition, the footpath on the opposite side of Bowden Court was recently extended and upgraded, as described above. Instead, a condition will require the development to install a kerb ramp where the Riverview Road cul-de-sac meets Bowden Court (adjacent to Lot 74 on GTP3333) to direct pedestrians across the road to the existing footpath on the south east side of Bowden Court.

It is noted that the Nerang LAP proposes a shared (pedestrian & cyclist) pathway along the Nerang River (northern part of the Villa site). However, this location has been deemed as unsuitable for such a facility (internal discussions with Council officers), due to the lack of passive surveillance in the area. In addition, a pathway in this location does not represent a logical pedestrian desire line, as it is not the most direct route to/from the main attractors in the area (Nerang Station, Nerang-Broadbeach Road).

Compliance with PC19 is deemed to be achieved.

Recommendation Transport Assessment supports the development proposal, subject to conditions.”

11.3 Subdivision Engineering

Subdivision Engineering have assessed the proposal and provide conditions of approval relating to the amalgamation of lots, electrical reticulation and telecommunications.

The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.4 Open Space Assessment

Open Space Assessment have assessed the proposal and provide conditions of approval relating to the future dedication of public open space.


11.5 Architect

The City Architect’s Office provided the following comments:

“The revised proposal incorporates a number of significant improvements that will enhance and contribute to the visual amenity and local character of the area.

There is an appropriate arrangement of 10 buildings on the Villa Residential Precinct with various heights ranging from 4 to 13 storeys. The scale of the buildings are appropriately positioned having regard to the surrounding development with the medium rise apartments located around the perimeter of the site and setback almost 15m from the western site boundary – affording an appropriate landscape, visual and acoustic buffer to the adjacent residents. The Villa Residential Precinct shows an appropriate transition in height with the high rise apartments located centrally and well setback from the boundaries.


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The proposal for the Bowden Street Precinct equally acknowledges the scale of the existing surrounding development. There are 6 buildings now at 4 storeys each. The revised height will complement the existing surrounding development.

The buildings for both Precincts will appear in a landscape setting, are well set back from waterways and corridors, and visually should not unduly impact on the amenity, character and views of the precinct.

The proximity of the development to Nerang Station, M1 highway, and to the Nerang centre village support the higher density and building height proposed as a Transit Oriented Development.

The separation and set back distances between buildings still permits east-west view corridors to occur from the coastal spine to the hinterland. In our opinion the reduced 13 storey high rise development will not unduly impact on the visual significance of the key coastal high rise spine from Southport to Broadbeach due to the scale and distance.

The placement of the lower development along the southern and western boundaries with approximately minimum 15m buffers will alleviate any negative shadow impacts to the adjacent neighbours. The high rise apartments are positioned centrally within the site with appropriate set back from the boundaries resulting in a minimal shadow impact to the surrounding precinct.

The massing diagrams submitted illustrate the maximum, development scenario consistent with the Place Code requirements, with the apartments appearing in a largely lush landscaped setting. As stated in the Place Code the buildings have a high design standard with a high level of building articulation through the use of colour and material variation. Building designs are required to be climatically responsive, have high visual amenity, variety, provide privacy and allow passive surveillance.

The City Architect’s Office has reviewed the plans submitted and supports this application.”

11.6 Gold Coast Water

Gold Coast Water provided the following comments:

“The changed application proposes a reduction in density, with the number of apartments being reduced from 1618 units to 1170 units and the non-residential component is capped at 1000m².

Revised water and sewerage network assessment reports have not been submitted by the applicant for the changed application.

As such, the conditions requiring non-trunk augmentation works which were based on the assessment of a higher yield (1618 units) are still applicable, as these original reports revealed the water and sewerage demand exceeded the allowable limit as per Gold Coast Water’s IDM (Planning Scheme Density).

Gold Coast Water has undertaken a network capacity assessment report of existing water supply and sewerage system for this development alone and identified following augmentation works based on the original yield (1618 units). The proposed development is inconsistent with the assumptions made about the type, scale, location


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and timing of future development stated in the Local Government Infrastructure Plan (LGIP) and place more demands on the existing non-trunk infrastructure. The applicant shall carry out the following augmentation works at the cost of the developer.

Sewerage Augmentation works

A 225mm sewer main shall be constructed from the nominated connection point for lots 300 and 301 in Riverview Road and along Boulton Park to manhole 4/1 (near the south eastern corner of lot 39RP96050). A 300mm main shall then be constructed from manhole 4/1, along Boulton Park and Warrener Street, to manhole 7/10, located near the south eastern corner of the Warrener Street – Bowden Court round-a-bout.

Water Supply Augmentation works

A new 100mm water main approximately 130m long is required to connect the existing 100mm water main on Riverview Road and the 150mm water main in Bowden Court.

The above water and sewerage augmentation works will be conditioned for this approval as the approval allows for some self-assessable uses, however Gold Coast Water is aware that the applicant may prefer to delay some of these augmentation works until they are necessary, i.e. there is no or little capacity in the networks. This can be worked out as part of subsequent MCU applications over the site.

As this is for a Preliminary Approval, detailed design and layout shall be determined following the submission of additional information with future development applications.

Changed Application

The changed application has been reviewed by and comments are provided below.

Table 1 - Estimated Revised Development Demand

Development Type Conversion factors Proposal Demand

1170 x Apartment dwellings

2.46 EP/Dwelling (based on 3+ bedrooms)

2878.2 EP

1000 m2 GFA Non-residential uses:

(restaurants, commercial, medical centre, etc).

5.11 EP/100 m2 GFA (based on restaurant use)

51.1 EP

TOTAL 2929.3 EP

Gold Coast Water has used the worst case scenario to work out the demand due to the proposed changes.

The water and sewerage network assessment reports provided by the Applicant for the original application were for an estimated demand of 3083.8 EP. The estimated demand is now reduced to 2929.3 EP and subject to change in the future.

Gold Coast water supports the proposal subject to conditions. ”


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11.7 City Infrastructure

City Infrastructure have assessed the proposal and provide conditions of approval relating to the road and pavement impact assessment report.


11.8 Plumbing and Drainage

Plumbing and Drainage have assessed the proposal and provide conditions of approval relating to sewerage works, water supply works and fire services.


11.9 Environmental Assessment

Environmental Assessment have assessed the proposal and provide conditions of approval requiring a river bank stabilisation and recovery report, rehabilitation management plan, covenant management plan and acid sulfate soils management plan to be submitted and approved in conjunction with any future development permit for Material Change of Use, Reconfiguring a Lot or Operational Works (whichever occur first).

Environmental Assessment have identified that following applicable overlays and mapping:

• OM11 Natural Wetlands and Waterways – Major Linkage Waterway;

• OM20 Nature Conservation Strategy - Key Waterway Linkage;

• OM14 Acid Sulfate Soil Potential Hazard Area;

• LAP Map 14.4 – Water Environments, site is mapped Potential Brackish Water Environment;

• LAP Map 14.5b – Acid Sulfate Soils (borehole depth range 1-2m), site mapped less than action limit;

• LAP Map 14.5c – Acid Sulfate Soils (borehole depth range 2-3m), site mapped less than action limit; and

• LAP Map 14.5d – Acid Sulfate Soils (borehole depth range 3-4m), site mapped 0.1-<0.3 and 0.3-<0.5 percentage oxidisable sulphur.

The site is mapped as a Major Waterway Linkage with a 60m buffer as an acceptable solution. The 60m buffer is based on erosion potential (space to move concept) and ecological values including waterway health values. The 60m buffer prescribed by the acceptance solution is only one way of achieving compliance with the Performance Criteria which states:

“Buffers must be provided incorporating development setback/s of dimensions and characteristics that will ensure that the development does not result in a negative impact upon the long-term viability of the ecologically significant areas (including any wetland, aquatic and riparian communities) located on and/or adjacent to the site.”


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The development application approved in 2015, immediately adjoining the site to the west granted a reduced buffer width of 30 metres to the Nerang River, which was considered sufficient by Officers at the time of the assessment.

The Nerang TOD Code has also been conditioned to provide a 30 metre setback from highest astronomical tide, which is consistent with the approval to the west. The conditioning of this 30 metre setback includes 20 metres of environmental covenant and a 10 metre buffer as private open space. Officers have also enforced provisions within the Code stipulating that all buildings, structures and earthworks are to be located outside of this area.

Open Space Assessment have also indicated there is no intention to pursue public land dedication along the buffer area.

It is acknowledged that the conditioned 30m buffer to the Nerang River does not address all the ecological and erosion issues for the Nerang River at this site. Therefore Officers have conditioned a riverbank stabilisation and recovery report to be lodged in conjunction with any future development permit. This will identify and address issues associated with the reduction of the 60m buffer and alterations to the floodplain with regard to riverbank erosion.

The conditioning of a 30m setback to the Nerang River, including 20m of environmental covenant, will ultimately result in an improvement of riparian vegetation and associated riparian vegetation connectivity.

The buffer will assist in providing connectivity along the Nerang River, contribution to fauna movement corridor and habitat, and riparian communities that contribute to biodiversity within the local area.

11.10 Operational Works

Operational Works have assessed the proposed section 241 Preliminary Approval and as identified previously in this report support the application, subject to conditions.


11.11 Hydraulics and Water Quality

Hydraulic Engineering provided the following comments:

“The development is located within two separate areas (The Villa and Bowden Street). The site is affected by Nerang River flooding with a designated flood level (DFL) of 5.52m AHD (advised by Council’s Coordinator Natural Hazards) at The Villa site and 5.42m AHD (Flood Search Report) at the Bowden Street site. All hydraulic analysis / design (e.g. floor levels, flood storage and hazard criteria of access / egress routes) are to be based on the above designated flood levels.

The Applicant submitted a combined flooding assessment and stormwater management plan, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” prepared by Cardno (Qld) Pty Ltd dated 5 August 2014, in support of the application. The plan has proposed to modify an existing lake to facilitate detention requirements of the proposed development at The Villa site. A number of detention basins have been proposed for peak flow mitigation of the Bowden Street site. A number of bio-retention basins have been proposed for stormwater treatment purposes of the entire site. Stormwater management strategies are quite satisfactory except some minor issues.


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The Applicant has proposed significant earthworks within The Villa site to raise building areas above the DFL by compensatory cut within the site to maintain its flood storage volume. Flood storage in The Villa Site has been maintained with an excess of 1,208 cubic metres (gain).

Flood storage in The Bowden Site has not been maintained. However, the Applicant has not proposed any flood storage compensation within the Bowden Street site. The Applicant has claimed that the Bowden Street site does not get flood affected from the Nerang River up to the 100 year ARI floods due to a bund along Riverview Road. The Applicant has submitted evidence that Council accepted the flood storage loss on The Bowden Site in relation to a similar application (PN158830/123/DA7) for the site. It is worthwhile to mention here that the Bowden site is not flood affected in accordance with the Applicant’s hydraulic model as well as the Council’s latest Nerang River MIKE FLOOD model (however not adopted yet by the Council).

The submitted hydraulic impact assessment report identified approximately 15mm flood level increase within a private property upstream of the site. A consent letter from the affected property owner accepting the impacts has been submitted in support of the application.




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In a Q100 flood event, the highlighted area peaks at a depth of 740mm, for a wading distance of approximately 160m, with a velocity of 0.5m/s. Access levels to the site have been set at identical levels to the approved development at 5,7 and 9 Eden Court, Nerang.

For the proposed land use type the appropriate degree of hazard is identified as per AS9 below, is ‘medium’.

The proposed access / egress road to the northern development area (Building 1 and building 2) of The Villa site is highly hazardous (flooding depth 0.74m based on the DFL 5.52m AHD) during 100 year ARI flood event. Council’s acceptable hazard criteria is medium in accordance with AS10.1 of the Council’s flood affected areas constraint codes.


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Access / egress route to other building areas are with low hazard. It is worthwhile to mention that Cardno Pty Ltd (the applicant’s hydraulic consultant) made significant efforts and explored all avenues to reduce the flood hazard for the adjacent access / egress road (immediately west) in relation to another development application on that property. Any increase of crest level of this road would result in a significant hydraulic impact in neighbouring properties. As such, it was determined via discussion with internal officers that the inundation of the access internal road would be supported subject to an acceptable flood emergency management plan (FEMP) being submitted.

The application is recommended for approval, subject to the submission of an amended stormwater management plan and flood emergency management plan which must be lodged in conjunction with any future material change of use, reconfiguring a lot or operational works application, whichever occurs first. An assessment of the proposal has confirmed the level of risk to occupants is acceptable during flood events and that an appropriate emergency response can be facilitated.”

11.12 QLD Fire Rescue - Not Applicable

11.13 Arborist - Applicable

Arboricultural Assessment have assessed the proposal and the submitted Conceptual Tree Retention Plan and provide conditions of approval relating to an arborist report and an operational works application for vegetation works.

11.14 Landscape Assessment - Applicable

Landscape Assessment have assessed the proposal and provide conditions of approval relating to landscape works on private land.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.15 Beaches and Water - Not Applicable

11.16 Geotechnical Engineering - Applicable

Geotechnical Engineering have assessed the proposal and provide conditions of approval relating to certification of basement stability for the section 242 Preliminary Approval.

The recommended condition of approval has been reviewed and was excluded from the Officer’s recommendation as the condition related to the undertaking of basement excavation works which are not permitted as part of this Preliminary Approval.

11.17 Social Planning - Applicable

Social Planning have assessed the proposal and provide conditions of approval relating to casual surveillance, graffiti prevention for built elements and fencing adjacent to pedestrian pathways.

The recommended conditions of approval have been reviewed and only the fencing condition has been included in the Officer’s recommendation, as the other conditions relate to the detailed design of buildings which does not occur as part of a Preliminary Approval.

11.18 Other Sections of Council - Not Applicable

12 EXTERNAL REFERRALS

12.1 Concurrence agencies

The application was referred to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency. A response dated 30 September 2015 provided conditions. As a result of the changed application lodged by the Applicant on 27 May 2016 (discussed in detail within section 4.5), the State issued an amended Concurrence Agency response dated 21 June 2016, providing conditions that must be attached to any development approval. The State provided additional correspondence on 21 June 2016, confirming that the minor change application lodged 21 June 2016, subsequent to the changed application (discussed in detail within section 4.5), would not require an amended Concurrence Agency response. (DILGP reference: SDA-1014-014722).

12.2 Advice agencies

Not Applicable.

13 DEVELOPMENT INFRASTRUCTURE

Infrastructure Charges

Developer Contributions have confirmed that infrastructure charges have not been calculated for this application, as it is a preliminary approval under section 242 of the Sustainable Planning Act 2009. Infrastructure charges will be assessed and charged at the time of subsequent development permit/s for material change of use or building work.

Development Infrastructure

No trunk infrastructure upgrades have been identified.


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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, 310 properly made submissions were received, two (2) properly made petitions (with 34 and 230 signatures) and four (4) not properly made objections. The points of objection are listed, followed by the Officer’s comment.

Point of objection Officer’s comment Conflict with Gold Coast Planning Scheme 2003

• Guragunbah Local Area Plan

• Nerang Local Area Plan

• City Wide and LAP Specific DEOs

Officers acknowledge that the original proposal did not achieve an appropriate outcome for the site and identified a number of non-compliances with the Scheme. The original proposal sought the following:

The Villa Site

• 6 to 30 storeys and a density of 1,328 dwellings.

The Bowden Site

• 5 to 11 storeys and a density of 304 dwellings.

The Applicant reduced the parameters in response to Council’s information request to: The Villa Site


The Bowden Site


Due to ongoing concerns from submitters, the Applicant lodged a changed application (in the decision making period in May 2016) to reduce building heights and densities for both sites as follows:

The Villa Site


The Bowden Site

• 4 storeys and a density of 224 dwellings.

This results in an overall reduction in density of 448 dwellings from the information response proposal.

As discussed in detail throughout this report, Officers consider the current proposal to comply with the LAP specific Desired Environmental Outcomes and the Citywide Desired Environmental Outcomes of the Planning Scheme.

The proposal is not considered to conflict with the relevant instrument.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Conflict with City Plan

• Limited Development Zone

• Medium Density Residential Zone

The subject application was deemed Properly Made with Council on 23 September 2014, with public notification completed and the Decision Making period starting September 2015. The Applicant lodged a changed application request within the decision making stage (May 2016) and as a result the Department of Infrastructure, Local Government and Planning issued an amended Concurrence Agency response dated 21 June 2016. As per section 319(a) of the SPA 2009, if a Concurrence Agency gives an amended response under section 290, the decision making period starts again from the beginning, the day after the amended response is received by the assessment manager.

Considering the application was lodged in 2014 and originally entered decision prior to the City Plan coming into effect, in accordance with section 317 of the SPA 2009, while Officers have had regard to City Plan, the assessment of this application has focused primarily on the 2003 Planning Scheme.

Conflict with the surrounding established character

Officers acknowledge that at the time of holding public notification a development Code seeking significantly greater building heights and densities was proposed.

To address submitter concerns, the Applicant lodged a changed application (within decision stage) which reduced heights and densities to those discussed in detail throughout this report.

As discussed previously, the proposed development parameters of the Nerang TOD Code are considered to provide an appropriate transition to neighbouring properties and are not considered to conflict with the surrounding established character.

Building Height

• Guragunbah Local Area Plan (PC1 and PC6- Building Height)

• Nerang Local Area Plan (PC1 and PC5- Building Height)

Officers acknowledge that at the time of holding public notification a development Code seeking significantly greater building heights was proposed.

To address submitter concerns, the Applicant lodged a changed application (within decision stage) to reduce building height to a level discussed in detail throughout this report.

As discussed previously, the building height for both The Villa Site and The Bowden Site are supported. The heights are not considered to have a detrimental impact upon neighbouring properties, nor do they result in a significant loss of visual amenity.

Building Shadow impacts from The Bowden Site and The Villa

The application material included sun study diagrams showing the shadow impact generated as a result of the


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Site proposed building heights.

The Bowden Site

In winter, when shadow impacts are at their longest the shadow generated as a result of the four (4) storey buildings fall over public open space in the morning and over the public roads in the afternoon. The shadow generated as a result of the 4 storey buildings do not impact upon the residential amenity of adjoining properties. In the equinox and in summer, the impact of shadow in terms of length and duration would be even less.

The Villa Site

Shadow impacts have been assessed in winter, when impacts are at their longest. In the morning, the shadow generated as a result of the building heights for buildings 1, 3, 9 and 10 only marginally protrude over the site’s western boundary. A small area of shadow from building 1 falls over the adjoining property to the west, with the shadow for building 3, 9 and 10 falling over the shared vehicle access easement. This easement is 10 metres in width and therefore only a small portion of building 3 extents past this easement and onto the rear of existing residential properties at 11 Eden Court, Nerang. This impact of shadow is minimal in both duration and size.

By 12pm shadow impacts are contained on site, with the exception of building 7 and 8, where the shadow falls over vacant land owned by the Department of Transport and Main Roads to the south. At 3pm, the shadow impact extends for buildings 7 and 8 and falls over the rear of the residential Billabong estate. The shadow impacts generated by The Villa Site are minimal and are not detrimental to the amenity of these existing dwellings, as surrounding properties receive adequate morning and afternoon sunlight.

During the equinox, the shadow impacts are contained within the boundaries of the site, with the exception of 3pm where the shadow of buildings 8 and 7 fall outside of the site over vacant land owned by the Department of Transport and Main Roads to the south. In summer the impacts of shadow would again be less in both size and duration.

Visual Impact

As discussed in detail previously, Officers do not consider the proposal to have a detrimental visual impact on the existing character or on adjoining properties.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Architecture and building bulk The City Architect’s Office has reviewed the proposed

development Code and is satisfied that architecture and building bulk are appropriately controlled and regulated by detailed precinct intent statements. The detailed design of the buildings will be assessed when subsequent development permits resulting from the Preliminary Approval are lodged.

Residential Density

• Overdevelopment of the site

• Guragunbah Local Area Plan (PC2 and PC7- Accommodation Density)

• Nerang Local Area Plan (PC2- Accommodation Density)

Officers acknowledge that at the time of notification a development Code seeking significantly greater densities was proposed.

To address submitter concerns, the Applicant lodged a changed application (within decision stage) to reduce densities to a level discussed in detail throughout this report.

As discussed previously, the residential density for both The Villa Site and The Bowden Site are not considered to have a detrimental impact upon neighbouring properties, nor does it result in a significant loss of visual amenity. There exists adequate infrastructure capacity within existing networks to accommodate the development, subject to non-trunk augmentation works for sewer and water.

Officers are also satisfied that the Nerang TOD Code includes provisions to ensure a balance is achieved between all required aspects of the development (e.g. communal open space, landscaping).

• Guragunbah Local Area Plan (PC3- Site Coverage, PC4- Building Setbacks, PC 5-Vehicular Crossings, PC8- Siting, PC 9- Visual Appearance of Buildings, PC22- Amenity Protection)

• Nerang Local Area Plan (PC3- Site Coverage, PC4- Building Setbacks, PC31 and PC32- Amenity Protection and PC36- Car Parking)

Guragunbah Local Area Plan

Responses to PC3 and PC4 have been discussed in detail throughout this report.

PC5 relates to the provision of vehicular crossings. As discussed previously, Transport Assessment is satisfied with the proposed location of access points. The standard of vehicle crossing required to be constructed will be conditioned once future development permits are lodged.

In regards to PC8- Siting, PC9- Visual Appearance of buildings and PC22- Amenity Protection, provisions reflecting the above requirements are incorporated in the Nerang TOD Code.

Nerang Local Area Plan

Responses to PC3 and PC4 have been discussed in detail throughout this report.

In regards to PC31 and PC32- Amenity Protection and


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PC36- Car Parking, provisions reflecting the above requirements are incorporated into the Nerang TOD Code.

Proposed amount of retail/ commercial GFA creating a second town centre

As discussed in detail previously, Officers consider the capped GFA of 1,000m² split evenly over The Villa Site (500m²) and The Bowden Site (500m²) to be of a scale providing local convenience services only. Officers are satisfied the proposed GFA will not detract from established centres within Nerang or be detrimental to its status as a Regional Activity Centre.

Building Setbacks

• Overlooking from the Villa Buildings

• Location of Building 9 and Building 10

• Impact on privacy to Bowden Street (rear property)- overlooking to properties on Paradise Street and Billabong complex

• Setbacks to the Bowden Court frontage.

• Setback to Nerang River

Setbacks to adjoining residential properties and to the Nerang River have been discussed previously in this report.

Officers have introduced a number of new Performance Criteria provisions into the Code to address concerns raised by submitters.

In relation to privacy and overlooking, statements have been included in the precinct intents to ensure this is considered and addressed when future development permits are lodged. Design criteria have also been incorporated into the Code to ensure screening exists where possible and the potential for overlooking is minimised.

Site coverage As discussed in detail previously, Officers consider the proposed site cover suitable and a number of new Performance Criteria provisions have been introduced in the Code to address submitter concerns.

Noise

As this application is only seeking Preliminary Approval, a condition has been enforced requiring an acoustic report to be submitted with subsequent development permits to address concerns raised by submitters.

Additionally, as the application is seeking to establish predominately residential development, there is unlikely to be any detrimental noise impacts as a result of the proposal.

Impacts of artificial lighting Lighting impacts will be assessed when detailed design information is provided to Council with subsequent development permits. To address the concerns of submitters, provisions have been incorporated within the proposed Code to identify that lighting must be in accordance with Australian Standards.

Congestion at Warrener St and Nerang Broadbeach Road

As discussed in detail previously, this is a State controlled intersection. The State have provided support


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for the development, subject to conditions. One of which requires works to be undertaken within the existing road reserve.

Traffic (vehicle movements)

As discussed in detail previously, Officers are satisfied the proposed increase in density does not have a detrimental impact on the local road network or intersections. In regards to the consideration of cumulative effects, with specific regard to 5, 7 and 9 Eden Court, the following comments are provided:

• At the time the subject development application (and traffic impact assessment) was lodged, the Eden Court development had not been approved.

• Development applications are not required to the consider impacts of other developments (unless approved).

• The Eden Court site has now been granted development approval, prior to a decision being reached on the subject development application.

In any case, the Eden Court development comprises 173 units (1, 2 and 3 bedroom units), and is expected to generate between 60 to 86 vehicle trips per hour. This quantum of trips was assessed as part of the relevant development application, and was not considered to have any significant impact on the operation of the surrounding road network.

Based on the assessment contained within this report, the road network is considered to have adequate capacity to accommodate this quantum of trips, without requiring any further mitigation or road upgrade works.

Car Parking

• Car Parking rates

• Overflow Car Parking

As discussed in detail previously, the rates proposed by the Nerang TOD Code are generally consistent with those prescribed by the City Plan.

With specific concerns regarding the potential for overflow parking, the rates proposed by the Code are considered adequate to cater for expected demand. The rates proposed are consistent with the strategic intent of the City and recognise that change must be instigated through policy to modify travel behaviours and achieve more sustainable outcomes.

Any existing issues relating to car parking overflow (during events at Metricon Stadium, or otherwise) should be managed through regulatory signage and linemarking, or changes to management plans separate to this development. The City’s Transport & Traffic


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Branch – Traffic Operations should be contacted if concerns are raised in regard to existing deficiencies which may be resolved by regulatory signage and line marking.

Bicycle Parking As discussed in detail previously, the rates proposed by the Nerang TOD Code are generally consistent with those prescribed within the City Plan.

Road width (Bowden Court and Eden Court)

No new public roads are proposed as part of this development. Both Bowden Court and Eden Court are existing roads currently facilitating two (2) way movement.

Location of vehicle exit points As discussed in detail previously, the location of the vehicle exit points onto public roads have been considered throughout this assessment and are deemed to be in appropriate locations in terms of safety.

Infrastructure capacity

• Impact on water pressure

• Infrastructure upgrades(water and sewer)

• Impact on the existing network

As discussed in section 11.6, Gold Coast Water supports the proposed density, subject to non-trunk augmentation works to both the water and sewer.

Impacts during construction stage

• Pollution

• Noise

• Dust

To address the concerns of submitters, a construction management plan condition has been enforced. This Preliminary Approval does not authorise any works to occur and as such subsequent development permits will need to be lodged with Council. At the time of conditioning these applications, the same construction management plan condition will be enforced.

Flooding

• Location of Building 1 and Building 2- Proximity to river

• Compliance with PC18 to PC20 of the Guragunbah Local Area Plan

• Compliance with PC5 of the Flood Affected Areas Constraint Code

The below comments have been provided by Hydraulic Assessment:

Flood free access/egress

Submitter concern: The development sites particularly the Villa site and its surrounding area is flood prone. Council has a duty of care to future residents to ensure their safety and escape routes during flooding.

Response: A condition requiring a Flood Emergency Management Plan (FEMP), prepared by a suitably qualified risk management expert has been recommended. The FEMP must be submitted to Council in conjunction with any future application for approval.

Modelling of flows inaccurate

Submitter concern: From discussions with long-term residents, the modelling of flows are queried as they


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appear inaccurate.

Response: The Applicant has utilised state-of-the-art numerical modelling tools and Council’s model to get depth and velocity information within the site and surroundings. The hydraulic model developed by the Applicant has been applied for impact assessment purposes.

Flood immunity of basements and undercrofts

Submitter concern: Buildings that are to be constructed on flood prone land shall not be inundated by flood waters. The basements and undercrofts will flood during designated flood events.

Response: The proposed building pad levels are higher than the Council’s designated flood level (100 year ARI flood level). Therefore, the basements and the undercrofts will be prevented from flooding up to 100 year ARI events.

Flood storage balances

Submitter concern: In period of high rainfall, the Villa site and Bowden Court site provide flood storage that will be lost with this level of development.

Response: Flood storage in The Villa Site has been maintained with an excess of 1,208 cubic metres (gain).

Flood storage in The Bowden Site has not been maintained. The Applicant has submitted evidence that Council accepted the flood storage loss on The Bowden Site in relation to a similar application (PN158830/123/DA7) for the site. It is worthwhile to mention here that The Bowden Site is not flood affected in accordance with the Applicant’s hydraulic model, as well as the Council’s latest Nerang River MIKE FLOOD model (however not adopted yet by the Council).

Increase of stormwater runoff

Submitter concern: Hardening of the surfaces with roads and buildings will increase the volume of runoff.

Response: On-site detentions have been provided to mitigate the increase of stormwater runoff from the site.

Hydraulic impacts

Submitter concern: Any changes by filling, excavating or contouring to ground level will result in additional floodwater and runoff in neighbouring dwellings.


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Response: In accordance with the submitted hydraulic impact assessment report, the proposed development will cause an approximate 15mm increase of flood level within the Council’s park (Burchill Park) and upstream private property (Lots 30 & 31 on RP839869). The Applicant has submitted a consent letter from the affected property owners accepting the impact into their property.

Consideration of climate changes

Submitter concern: There has been insufficient consideration of Climate Change in the development application for the riverine sites.

Response: Council’s designated flood level has been determined considering a seal level rise of 27cm in the next 50 years. However, no other climate change effects such as rainfall intensity and patters are mandatory in development design under current planning policies.

Environmental Impacts

• Native birds on site- removal of vegetation

The Applicant has submitted a conceptual tree retention plan which Council’s Arborist has accepted. The Preliminary Approval does not authorise the removal of any trees. A condition has been enforced requiring the submission of an arborist report (tree assessment and tree management plan), prior to the commencement of operational works or building works. A second condition has been enforced requiring an Operational Works application to be submitted prior to the commencement of any operational works for vegetation clearing.

Public Open Space

• The Bowden Site is currently used for Recreation purposes

• Taking away local park used for community uses

• No provision for adequate recreation space

• Open space park to be dedicated to be embellished (areas as an open spoon drain)

There exists a misconception amongst the public that The Bowden Site as it is vacant land is a Council owned park. The Bowden Site (privately owned) directly adjoins Boulton Park and is in actual fact unfenced private property. The proposed development is therefore not taking away a local community park for the benefit of a developer.

Council’s Park and Recreational Services are satisfied with the proposed dedication of Precinct 4 to Council (as part of a future Development Permit) as a landscape amenity park. It has been confirmed that no embellishments to stormwater upgrades are required to be undertaken as part of this transfer.

Safety and an increase in crime It is speculation to assume that the establishment of a new development will result in an increase in crime. This is not a valid planning concern.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Loss of wellbeing This report has in detail demonstrated that the proposal

will not detrimentally impact upon the amenity of existing residents.

Reducing property values It is speculation to assume that recommending the development for approval will result in a reduction of property values. This is not a valid planning concern.

Quality of drawings on PD online Officers have reviewed PD Online and information submitted to Council is publicly viewable. There is also the ability for members of the public to contact Council via phone or email if there is an issue viewing any uploaded documentation.

Ineffective public consultation Officers are satisfied the public notification was undertaken in accordance with the provisions of the SPA 2009.

Climate Change and sustainable development

Council’s designated flood level has been determined considering a seal level rise of 27cm in the next 50 years. However, no other climate change effects such as rainfall intensity and patters are mandatory in development design under current planning policies.

In respect to sustainable development, the proposal seeks to introduce a significant residential catchment in an urbanised area well serviced by existing infrastructure. The Villa Site is predominately within an 800 metre walking distance, with The Bowden Site within 200 metres to 400 metres of the Nerang Railway Station, which promotes active transport and reduces car dependency.

Impact upon emergency situations

As discussed previously in detail, the development does not impact upon emergency situations. The streets currently accommodate two (2) way movements and in regards to flooding, a flood evacuation management plan has been conditioned to be provided for Building 1 and Building 2 of The Villa Site.

Existing wharf/ pontoon/ ramp To address submitter concerns, a condition has been enforced requiring the existing pontoon to be removed, so it cannot be used for commercial purposes.

Easement arrangement The proposed development footprint does not impact upon any existing easements. To address submitter concerns, a condition has been enforced requiring the submission of amended plans to demonstrate the location of all existing easements on the proposed plans.

Owner’s Consent- adjoining property

As per section 263 (2) of the SPA 2009, owner’s consent is not required for the shared access easement arrangement with the adjoining property owner, as the


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development is not inconsistent with the terms of the easement.

Site inspections by Officers Throughout the course of the assessment, the Assessment Officer conducted three (3) site inspections.

RESPONSE TO COUNCIL ACTION REQUEST- PETITION TO THE CITY OF GOLD COAST- IN OPPOSITION OF THE PRELIMINARY APPROVAL DEVELOPMENT APPLICATION

On 29 January 2016, a formal petition (Item No.21) was presented to Council (Minute No. G16.0129.024) objecting to this development application.

A formal response addressing the issues is required as the petition was received by Council after public notification concluded for this development application on 21 September 2015.

The covering letter dated 11 January 2016 submitted by the East Nerang Action Group identified that the petition contained a total of 451 signatures.

The East Nerang Action Group submitted a late addition to the petition, dated 25 January 2016, which included an additional 21 signatures.

Both letters, containing a total of 472 signatures, were presented to Council on 29 January 2016.


At the time the petition was lodged with Council, the development parameters had been reduced from the original submission, however still proposed the following parameters as part of the information response:

The Villa Site


The Bowden Site


Due to ongoing concerns from submitters, the Applicant lodged a changed application (in the decision making period, May 2016) to significantly reduce building heights and densities for both sites as follows:

The Villa Site


The Bowden Site

• 4 storeys and a density of 224 dwellings.

This results in an overall reduction in density of 448 dwellings from the information response proposal.

As discussed previously in detail throughout this report, Officers consider the building height and density proposed as part of the Nerang TOD Code to comply with the higher order provisions of the Gold Coast Planning Scheme.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 The petition raised the following issues:

• Is completely out of character with the local area; This issue has been addressed in the section 14- Public Notification table above.

• Represents a significant and unjustified overdevelopment of the site;

This issue has been addressed in the section 14- Public Notification table above.

• Is completely outside of the provisions of the Gold Coast City Council’s 2003 and New 2015 Planning Scheme and the relevant Local Area Plans. For example:

o Guragunbah LAP- Section 3- Desired Environmental Outcomes 3.1 and 3.3. Section 8- Place Code and supporting Performance Criteria PC1, PC2, PC4, PC5, PC6, PC7, PC8, PC9, PC22.

Responses to DEO outcome 3.1 and 3.3 of the Guragunbah Local Area Plan, along with comments addressing compliance with PC1 and PC6- Building Height, PC2 and PC7- Accommodation Density, PC4- Building Setback have been discussed in detail throughout this report.

PC5 relates to the provision of vehicular crossings. As discussed previously, Transport Assessment is satisfied with the proposed location of access points. The standard of vehicle crossing required to be constructed will be conditioned once future development permits are lodged.

In regards to PC8- Siting, PC9- Visual Appearance of buildings and PC22- Amenity Protection, the above provisions are incorporated in the Nerang TOD Code.

o Nerang LAP- Section 8- Place Code and supporting Performance Criteria PC1, PC2, PC3, PC4, PC5, PC31, PC32, PC36.

Responses to PC1- Building Height, PC2- Accommodation Density, PC3- Site Coverage, PC4 and PC5- Building Setbacks have been discussed in detail throughout this report.

In regards to PC31 and PC32- Amenity Protection and PC36- Car Parking, the above provisions are incorporated into the Nerang TOD Code.

• Approval would result in unacceptable negative impacts upon the wellbeing and rights of existing residents living in east Nerang.

Officers have demonstrated throughout this report that the proposal does not result in an unacceptable outcome for existing residents in proximity to the site.

• Increasing the area’s density with an additional 1618 units (16 high rise buildings between 7 and 19 levels) mean existing residents will be subjected to:

To address concerns raised by submitters, the Applicant lodged a changed application to reduce the proposed building heights and density. The reduction in density and building heights for both The Villa Site and The Bowden Site provides an outcome that is compliant with the higher order provisions of the Scheme.


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o Major and significant loss of amenity, privacy and the quiet enjoyment of one’s property; This issue has been addressed in detail throughout this report.

o Noise and visual impacts; This issue has been addressed in the section 14- Public Notification table above.

o Loss of sunshine to many residences through shading from the proposed high towers; This issue has been addressed in the section 14- Public Notification table above.

o Loss of wellbeing because of the dramatic change to the neighbourhood; This issue has been addressed in the section 14- Public Notification table above.

o Massive increase in traffic movements within the local area and to the Nerang- Broadbeach Road; This issue has been addressed in detail throughout this report and in the section 14- Public Notification table above.

o Lack of on-street parking resulting in congestion of local streets; This issue has been addressed in detail throughout this report and in the section 14- Public Notification table above.

o The absence of any provision for active/ passive recreation public open space within the area of the Bowden Street development for use by existing and/or new residents; This issue has been addressed in the section 14- Public Notification table above.

o Insufficient buffers to both residential properties and the Nerang River- all three properties pertaining to this application are in flood-prone areas. This issue has been addressed in detail throughout this report.

• The high rise/ high density residential development proposed within this application is not within the expectations of the residents of east Nerang as determined and endorsed by the Council as a result of the public consultation processes undertaken during the formulation of either the 2003 Gold Coast Planning Scheme or the 2015 City Plan.

The Overall Outcomes of the Limited Development (Constrained Land) Zone envisage low to medium rise (up to 8 or 32 metres) buildings. The Medium Density Residential Zone also provides an opportunity for increased height of up to 50% above the three (3) storey height identified on the building height overlay map.

Officers consider the current proposal which represents a reduced building height and density to comply with the LAP specific Desired Environmental Outcomes and the Citywide Desired Environmental Outcomes of the Planning Scheme. It is not considered to conflict with the relevant instrument.


903 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Based on the reasons discussed throughout this report and summarised in section 16, Officers are recommending the application be approved, subject to conditions.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

In accordance with section 343(3)(b) of the SPA 2009, the development application seeks a 15 year prescribed period (lapsing date if development is started but not completed) for the section 242 Preliminary Approval.

Officers do not consider a 15 year prescribed period appropriate in this instance, but rather a ten (10) year period would be more appropriate. It is noted that the applicant has the ability to apply for an extension to the prescribed period through a permissible change application.

A condition has been included within the Officer’s recommendation setting a ten (10) year prescribed period for completion of the development under the Preliminary Approval, starting the day the approval takes effect.

16 CONCLUSION

Officers have undertaken an assessment of the proposal and determined the following:

• The variations proposed by the Nerang TOD Code from the Planning Scheme and the proposed development when assessed on its own merits against the Planning Scheme provisions, do not compromise the achievement of the Desired Environmental Outcomes.

• Any identified areas of non-compliance are limited to the lower order provisions of the Planning Scheme only. The proposal is consistent with the Local Area Plan Desired Environmental Outcomes and City Wide Desired Environmental Outcomes prescribed within the Planning Scheme. As discussed in detail throughout this report, sufficient grounds exist to overcome any identified minor conflict.

• The proposal allows a greenfield opportunity to concentrate a residential catchment predominately within a 200m to 800m walking distance of the Nerang Railway Station. The Nerang Railway Station is identified as a key future infrastructure project within the Gold Coast City Transport Strategy 2031, which envisages the establishment of a rapid bus corridor from the Nerang Train Station along Nerang Broadbeach Road by 2018.

• The site plays a role in supporting the South East Queensland Regional Plan. In 2011, the Council resolved that the Villa Golf Course was to no longer be included in the draft amendment package (i.e. Consideration of Submissions- Gold Coast Planning Scheme 2003 Draft Amendment- Protection of Golf Courses), due to its proximity to the Nerang Railway Station and Major Activity Centre (also known as Regional Activity Centre with the Planning Scheme). This was on the basis the site was considered by Council to have a significant strategic planning role in supporting transit oriented development principles and the achievement of the outcomes regarding compact development (Part D, Section 8) of the SEQ Regional Plan. It was considered that the designation of the site under the 2003 Scheme allowed a degree of development to achieve some regional outcomes, whilst still preserving the hydraulic functions of the Guragunbah flood plain.

• Land uses, building heights and densities sought by the Code have been reduced significantly throughout the assessment process to address concerns raised by Officers and submitters. The Code now supports the establishment of residential uses to a suitable height, scale and intensity that is appropriate for the site and for the surrounding


904 Adopted Report


neighbourhood. The level of retail and commercial uses proposes are also supported, but have been limited in scale to ensure there is no ability to compete with, or detract from Nerang as a Regional Activity Centre. The 1,000m² overall GFA cap ensures the proposal is of a local convenience scale only.

• Building heights do not detrimentally impact on the City’s existing skyline, detract from the visual quality and landscape character of the area, nor do the heights detrimentally impact upon amenity of neighbouring properties.

• The maximum densities proposed can be accommodated within the existing networks, subject to non-trunk augmentation works required to sewer and water.

• Technical reports demonstrate the proposed development can be undertaken without impacting on the hydraulic functions of the site or the floodplain and without presenting an unacceptable risk to life and property.

In response to public notification, 310 properly made submissions were received, two (2) properly made petitions (with 34 and 230 signatures) and four (4) not properly made objections. The points of objection have been listed within section 1 and section 14 and have been addressed in this report. Suitable conditions have been included in the Officer’s recommendation to address each concern where appropriate. Furthermore, the concerns do not warrant the refusal of this application.

The application was referred to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency. A response dated 30 September 2015 provided conditions. As a result of the changed application lodged by the Applicant on 27 May 2016, the State issued an amended Concurrence Agency response dated 21 June 2016, providing conditions that must be attached to any development approval. The State provided additional correspondence on 21 June 2016, confirming that the minor change application lodged 21 June 2016, subsequent to the changed application, would not require an amended Concurrence Agency response.

It is recommended the application be approved, subject to the conditions of approval provided in the Officer’s recommendation.

17 NOTIFICATIONS

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

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.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 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.

Environmental Covenant

A statutory environmental protection covenant for the purpose of protecting flora, fauna and habitat is conditioned to be registered (under the Land Title Act 1994) on the title of the Lot/s.

There are development approval conditions relating to the establishment and management of the covenant area. All property owner(s) must ensure compliance with the approved Covenant Management Plan and relevant conditions of approval. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Vegetation Protection

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

Stormwater (Management Plan)

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

Property Subject to Flood Inundation

Owners and intending purchasers are advised that the property is subject to inundation during extreme storm events.

Flood

There are development approval conditions applicable in relation to flooding impacts on this lot. 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.


906 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 18 RECOMMENDATION

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

Real property description Lot 3 on SP180236, Lot 300 and Lot 301 on SP134117

Address of property 74 Riverview Road, 5 Eden Court and 4 - 16 Bowden Court, Nerang

Area of property 23.05ha

Decision type • Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code (including Apartment, Aged Persons Accommodation, Attached Dwellings and Medium Density Detached Dwellings, Café, Child Care Centre, Commercial Services, Community Care Centre, Convenience Shop, Display Home, Estate Sales Office, Home Occupation, Home Office, Indoor Recreation Facility, Laundromat, Medical Centre, Open Sports Ground, Outdoor Sport and Recreation (Public Golf Course), Private Recreation, Restaurant, Resort Hotel, Shop and Takeaway Food Premises); and


Further development permits Development Permit for making a Material Change of Use, Operational Works (Changes to Ground Level), Operational Works (Advertising Devices), Operational Works (Works for Infrastructure), Operational Works (Landscape Works), Operational Works (Vegetation Clearing) and Reconfiguring a Lot

Further compliance permits Sewerage Works, Water Supply, Fire Services

Compliance assessment required for documents or works

Not Applicable


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NATURE OF DECISION

A Council approves the issue of a Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the relevant local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval) as the principle code for development assessment.

1 The following variations effect the relevant local planning instrument:

a Type of assessment and Level of assessment

The Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval) varies the effect of the relevant local planning instrument by excluding operation of the Guragunbah Local Area Plan and the Nerang Local Area Plan as it applies to the site.

b Codes varying the effect of the local planning instrument:

The following code varies the effect of the relevant local planning instrument for future Material Change of Use, Reconfiguring a Lot and Operational Works development applications on the subject site.

New Code

Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval)

Existing Codes varied by new Code














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− Landscape Work;



Refer to Attachment A of the Nerang TOD- Apartments at the Villa and Bowden Street Development Code which notates the extent of variation.


The conditions that attach to the preliminary approval are as follows:

APPROVED PLANS/ DRAWINGS

2 Amended Plans/ drawings to be submitted

a Amended plans must be submitted generally in accordance with the below drawings; and

Plan No. Rev. Title Date Prepared by

Map 1 E Development Code Area Plan

18/5/2016 DKJ Projects Architecture

Map 2 D Precincts Plan 20/10/2015 DKJ Projects Architecture

Map 3 E Maximum Residential Density Plan


Map 4 F Maximum Building Height Plan


Map 5 D Setbacks Plan 20/10/2015 DKJ Projects Architecture

A10 G Nerang Site Plan- Typical Tower Level


A11 E Nerang Site Plan- Podium Level


A12 F Nerang Site Plan- Basement Level


A13 F Villa Golf Course Master Plan


A15 C Villa Site Sections 13/5/2016 DKJ Projects Architecture

A16 C Sun Shading Study 13/5/2016 DKJ Projects Architecture

A17 - Section with below ground parking


A18 - Section with above ground parking


A20 G Bowden Ground Level- Site Plan



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A21 E Bowden Basement Level- Site Plan


A25 C Bowden Site Section 18/5/2016 DKJ Projects Architecture

A26 A Sun Shading Study 13/5/2016 DKJ Projects Architecture

A31 D Pedestrian Network Plan


Drawing 1 A Conceptual Tree Retention Plan

3/2/2016 Cardno HRP

12012-1 to12012-6

P1 & P2

Nerang TOD Apartments- Conceptual Landscape Intent

16/11/2015 &17/11/2015

Deverson Landscape Design

b An amended Nerang TOD- Apartments at The Villa and Bowden Street Development Code must be submitted generally in accordance with Version 4, June 2016.

c Both 2a and 2b must be submitted to show the following amendments:

Plans and drawings

i Amend all drawings to include the location of all existing easements. To ensure the development is not inconsistent with the terms of these easements, all structures and buildings are to be located outside of these areas.

ii Amend the site area figures used for The Villa Site on Map 2 to align with the site area figures used on Map 1. Map 1 shows a total area of 21.66ha (216,612m²) for The Villa Site (Lot 300 and Lot 301), whereas for the same area on Map 2 (using the figures on the legend) has been incorrectly calculated to a total of 22.07ha. Review of survey plan confirms the figures used on Map 1 are correct.

iii Amend Map 4 to show building height allocations that are directly reflective of the building footprints shown on drawing A10.

iv Include an additional note on Map 4 stating that building heights within Precinct 3 (The Villa Communal Open Space) are not to exceed one (1) storey.

v Include an additional note on Map 4 stating that the maximum building heights include the building crown/cap.

vi Include a notation on Map 5 stating:

A All buildings, structures (including basements) and earthworks for the The Villa Residential Precinct and The Villa Communal Open Space Precinct are to be located outside of the minimum setback area;

B All structures and car parking (including any basements) for The Bowden Street Precinct are to be located outside of the minimum setback area; and

C For any structures being established within The Villa Communal Open


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Space Precinct, development must be setback from the property boundaries the same distance as prescribed for Precinct 1 (e.g. 30 metres from highest astronomical tide to the north and 10 metres from the southern boundary).

vii Amend drawing A10, A11 and A12 to:

A Include notations stating that a maximum of 10 buildings are permitted.

B Be in accordance within the supported setbacks shown on Map 5- Setbacks Plan;

C Include notations on all plans to indicate that all buildings, structures (including basements) and earthworks are to be outside of this minimum setback area; and

D Show a ten (10) metre setback from Building 9 to the southern boundary shared with Riverbend Park.

viii Amend drawing A15 to show building heights that are consistent with the maximum building heights as per Map 4.

ix Amend drawing A20 to show the following:

A Notations which correctly describe building heights. These should be consistent with the maximum building heights on Map 4. Currently notations allow for car parking on the ground level, with 4 levels of apartments above. This makes for a total of 5 storeys which exceeds the maximum building heights on Map 4.

B Amend drawing A20 to show stormwater detention and bioretention locations as identified within the submitted stormwater management plan.

x Amend drawing A25 to include two (2) additional east-west sections from Bowden Court through Building 2, to Boulton Park and from Bowden Court through Building 6 to Boulton Park.

xi Amend drawing A31 to include additional pedestrian connections that are required by Condition 17.

xii Remove drawings A30, A35, A40 and A41 from the Code and also remove reference to these drawings at the end of the Code in the attachment section.

xiii Show a 30 metre wide buffer on all drawings from highest astronomical tide (HAT), which is comprised of a twenty (20) metre environmental covenant and a ten (10) metre private open space area. All buildings, structures and earthworks are to be outside of this 30 metre buffer area. The buffer area is to continue along the length of Lot 301 on SP134117 and Lot 300 on SP134117.

xiv Update all plans to show the retention of trees identified on Drawing 1, Rev A, Conceptual Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP.

xv A plan demonstrating the reconstruction of the cul-de-sac head on


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Riverview Road (between Bowden Court and the Villa Site access) achieves a minimum diameter of 20 metres and maintains a minimum pavement width of 11 metres for the travel lanes.

Note: Removal of chevron markings will be required to achieve this.

xvi Include a new drawing titled ‘staging plan’ showing the intended sequence of development, including the provision of infrastructure.

Note: The construction of any stage of development must be in sequence (i.e. in order) of the stages shown of the plan. If multiple stages are proposed, Stage 1 must be approved by Council before, or at the same time as Stage 2, and so on.

xvii An amended Landscape Masterplan must be submitted showing:

A The retention of trees as identified on Drawing 1, Rev A, Conceptual Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP; and

B Building height notations that reference the correct heights in accordance with Map 4.

Development Code

xviii As four (4) storeys is the maximum height supported on The Bowden Site, amend the wording associated with figure 1.3 (p.1) to read ‘up to four (4) storeys’, instead of ‘up to six (6) storeys’.

xix In paragraph 2, sentence 2 (p.3) replace the word ‘tall’ with, ‘medium rise and high rise’.

xx Amend DEO 3.1 (p.6), so the first sentence ends after the word ‘Nerang’. The second sentence should then read, ‘This will increase activity around the station precinct generally to make it a safer place to be, particularly at night’.

xxi Amend DEO 3.4 (p.6), to include the term ‘is’ after the term ‘and’ on the second sentence.

xxii Under 5.1.1- Overall Intent (p.8), include ‘of’ after ‘comprising’ on the second sentence.

xxiii Under 5.1.1, paragraph 2 (p.8), remove the terms ‘and recreation’ from the very end of the paragraph. The last sentence should read, ‘and areas of communal open space providing for landscape amenity only. The majority of active recreation areas must be above Q100.’

xxiv Within paragraph 6 (p.9) change ‘building setbacks’ to ‘minimum setbacks’.

xxv Under section 5.1.2, ‘Separation and Individuality’ (p.9), change ‘and’ in the last sentence to ‘that’.

xxvi Under ‘Built Form Elements’ (p.10), remove, ‘with illustrations to demonstrate key concepts’ from the first paragraph.

xxvii On the last paragraph under ‘Built Form Elements’ (p.11), change the first sentence to read, ‘Car parking will be provided at a balanced rate that provides an adequate amount of on-site parking whilst also


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recognising the objective to encourage public transport patronage on the adjoining rail and bus networks.’

xxviii Under section 5.3, sentence 1 (p.12), add the term ‘of’ after comprises.

xxix Within the last sentence of the second paragraph under section 5.3 (p.12), add the term ‘as’ before, ‘approved by Body Corporate and by Council’.

xxx Include references to ‘Table A’ and ‘Table B’ within the Place Code. Page 13 of the Code makes reference to the Place Code being broken up into ‘Table A’ and ‘Table B’, yet this has not occurred.

xxxi Fix up the terms ‘Low Impact Telecommunications Facility’ ‘Telecommunications Facility n.e.i.’ and ‘Attached Dwellings and Medium Density Detached Dwellings’ throughout all relevant precincts of the Levels of Assessment Tables so these individual terms read as one word. For example, the individual words for ‘Low Impact Telecommunications Facility’ has been split over 4 separate lines.

xxxii Amend the Code Assessable column of Precinct 2 (Bowden Street)- Material Change of Use Table of Development (p.15), so Home Occupation is a standalone Code Assessable use. Currently it has been tied into Building 6.

xxxiii Amend the setback triggers (Self Assessable and Code Assessable) within the Table B Overlay Provisions (p.16), so it reads, ‘minimum setback distances are in accordance with Map 5 of the Nerang TOD Code’ for Self Assessable. For Code assessable amend the trigger to read, ‘minimum setback distances are in accordance with Map 5 of the Nerang TOD Code’.

xxxiv Within ‘Table F: Reconfiguring a Lot’ (p.19), remove the term ‘OR’ after the Precincts 3 and 4 trigger.

xxxv Within the preamble for section 7.3 and 7.4 (p.21), after listing the type of Operational Works, remove reference to the specific definition which is included in brackets.

xxxvi Within the preamble for section 7.5 (p.22), include the term ‘impact assessable’ as well, as there exists triggers within the MCU Overlay Provisions for impact assessable vegetation clearing.

xxxvii Amend PC 3 (p.23), to include ‘must consider’ after the term ‘and’ in the first sentence.

xxxviii Amend the title of PC 4 (p.24) to remove reference to ‘building’ from ‘building setbacks’.

xxxix Amend the AS4 column (p.24), so there are two headings, one for ‘Front, Side and Rear Setbacks’ and a second for ‘Separation between onsite habitable buildings’. For all precincts under ‘Front, Side and Rear Setbacks’ amend the wording so there is no acceptable solution. For ‘Separation between onsite habitable buildings’, include the test which is currently labelled AS4.3 for Precinct 1 and include the test that is labelled AS4.2 for Precinct 2. Make an amendment to AS4.2 to remove, ‘There


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are two or more buildings located on the same site, and’.

xl Amend PC4 (p.24) and change ‘to’ after ‘Setbacks Plan’, to ‘and must’.

xli Amend PC5 (p.24) to remove ‘and’ from the first sentence and change ‘as part of mixed use building’, to ‘as part of a mixed use building’.

xlii Amend PC11 (p.27), so the sentence starts with the term ‘Buildings’ and not ‘Apartment buildings’.

xliii Amend the figure 1.3 notation under PC12 (p.28) to read, ‘up to four (4) storeys’, instead of ‘up to six (6) storeys’.

xliv Amend PC15 (p.31) to read, ‘All dwellings must provide private open space areas that are directly assessable and functional spaces’.

xlv Amend the note within AS16.2 (p.28) to read, ‘directly facing means within an angle of 45o either horizontally or vertically’.

xlvi Remove the current test for PC26 (p.36). Move the criteria currently used for AS26 to be the new PC26 criteria. Include a statement under the AS, ‘No Acceptable Solution’.

xlvii Make the following changes to ‘Attachment A Specific Development Code Variation’:

A Remove PC12/AS12.1 and AS12.2 of the Low Rise Apartment Building Code from the attachment.

B Remove PC4/AS4.1.1 and AS4.1.2 of the High Rise Residential and Tourist Accommodation Code from the attachment.

C Include reference to modifying PC17/AS17.1, AS17.2, AS17.3, AS17.4, AS17.5 and AS17.6 (Plot Ratio) of the High Rise Residential and Tourist Accommodate Code in the attachment.

d The amended code/ plans/ drawings are to be submitted to Council for approval by the City of Gold Coast prior to the lodgement of any development permit or the commencement of the use (whichever occurs first).

e The amended place code, when approved by the City of Gold Coast, will be the approved place code forming part of this approval and a stamped copy will be returned to the applicant.

GENERAL CONDITIONS

3 Codes and Documents

In addition to those matters identified by the Sustainable Planning Act 2009 as applying to the assessment of an application, the following documents are declared to be Codes applying to the development of the site:

a The conditions of this approval; b The Nerang TOD- Apartments at The Villa and Bowden

Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2);

c The supporting drawings and plans made reference to

Timing

At all times.


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within the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2); and

d The landscape intent plan (drawing 12012-6 to 12012-6, dated 16/11/2015 and 17/11/2015) referenced within the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2);.

4 Building Height and Density Provisions

Development exceeding the building height and/ or the accommodation density provisions prescribed on Map 3- Maximum Residential Density and Map 4- Maximum Building Height Plan of the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, fall outside of the parameters for the abovementioned Code and will require assessment against the provisions of the Planning Scheme in effect at the time of lodgement of a development application.

Timing

At all times.

5 Land Use and Explanatory Definitions

a Where not specifically defined within the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, the terms used in this Code are as per the use and explanatory/ administrative definitions contained within Part 4 Chapters 2 and 3 of the Gold Coast Planning Scheme 2003, v1.2, Amended November 2011.

b The Tables of Development must be read in conjunction with the explanations provided within the Gold Coast Planning Scheme 2003, v1.2, Amended November 2011.

Timing

At all times.

PRESCRIBED PERIOD

6 Prescribed period for Preliminary Approval

In accordance with section 343 of the Sustainable Planning Act 2009 a prescribed period of ten (10) years is set for the completion of development under the Preliminary Approval, starting the day the approval takes effect.

Timing

Refer to condition.

7 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 subsequent application relating to or arising from this development approval.

Timing

As indicated within the wording of the condition.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 8 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 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.

9 Lots to be amalgamated

Lots 300 and 301 on SP134117 must be amalgamated into one lot. The plan of amalgamation must be registered.

Timing

Prior to commencement of the use of the premises for the Villa site.

WORKS - COMPLIANCE

10 Certification of compliance

All works must be certified by a suitably qualified professional as complying with the approved plans.

For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years' experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

Timing

The applicant must submit the certification prior to the earliest of compliance assessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use.


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STAGED DEVELOPMENT

11 Staging

a A staging plan must be submitted and approved by Council, showing the intended sequence of development, including the provision of infrastructure.

b Any subsequent amendments to the sequence of development must be approved by Council.

Timing

a) Prior to the lodgement of any Development Permit.

b) At all times.

AMENITY

12 Existing Pontoon

The existing pontoon abutting the Nerang River must be removed.


ACOUSTICS

13 Acoustic report required with future applications

a An acoustic report must be submitted to and approved by Council with any future development application for Material Change of Use or Reconfiguring a Lot.

b The report shall include:

i The expected impact of noise from the proposed development on the nearest noise sensitive receivers surrounding/within the proposed development. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

ii Assessment of all noise sources (e.g. loading dock/delivery activities, car park noise, patron noise, amplified music, all mechanical plant and equipment etc.) against the Environmental Protection (Noise) Policy 2008, and any other relevant policies / guidelines.

iii The required control measures to achieve compliance with the applicable criteria and standards.

c 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 In conjunction with any future Material Change of Use or Reconfiguring a Lot application.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 14 Waste management plan required with future

applications

a A Waste Management Plan must be submitted and approved by Council with any future development Material Change of Use or Reconfiguring a Lot.

b The plan must comply with the requirements of Council’s City Plan Policy- Sold Waste Management and include the information specified in section 2.3 of this Guideline, as detailed below: i Description of the development project, and the

purpose, structure, scope and objectives of the plan;

ii List of references and definitions of any specific terms and acronyms;

iii Details regarding the scale of the development, types of waste streams likely to be generated and estimate of volumes of waste material generated;

iv Detailed information on waste storage;

v Detailed information on waste collection / servicing arrangements; and

vi Adequate plans to support the report and demonstrate the adequacy of the waste management provisions included in the development.


TRAFFIC

15 Traffic Report

A traffic impact assessment report, prepared by a suitably qualified traffic engineer, must be submitted to and approved by Council, with any future development application for Material Change of Use or Reconfiguring a Lot.

Timing

In conjunction with any future Material Change of Use or Reconfiguring a Lot application.

ROADWORKS

16 Roadworks: Upgrade to existing road – Riverview Road cul-de-sac

a As part of the first Development Permit for Material Change of Use or Reconfiguring a Lot resulting from this approval, the Applicant must: i Re-construct the cul-de-sac head on Riverview

Road (between Bowden Court and the Villa Site access) to achieve a minimum diameter of 20 metres; and

ii Maintain a minimum pavement width of 11 metres

Timing

Prior to the commencement of the first stage of development for The Villa site.


918 Adopted Report


for the travel lanes. Note: Removal of chevron markings will be required to achieve this.

iii The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council.

Information note:

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

17 Footpaths

a As part of the first Development Permit for Material Change of Use or Reconfiguring a Lot resulting from this approval, the Applicant must: i Design and construct concrete footpaths as

follows: A 2.0 m wide path along both sides of the

Riverview Road cul-de-sac (between The Villa site access and Bowden Court/Riverview Road).

B Note: The new pathway on the north-western side of the cul-de-sac should extend and connect to the existing pathway on Riverview Road (currently terminating at Riverbend Park).

C A new crossing point (via a kerb ramp) should be installed on the corner of Riverview Road and Bowden Court (adjoining Lot 74 GTP3333), and a corresponding kerb ramp located directly opposite, on the south-eastern side of Bowden Court (adjoining Lot 3 SP180236).

ii 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:


Timing

Prior to the commencement of the first stage of development for The Villa site.


919 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 18 Road and Pavement Impact Assessment report

a The Applicant must demonstrate, by way of technical data (i.e. subgrade and existing pavement CBR results, confirmation of existing pavement depth and composition of pavement), that the existing pavement of Bowden Court, Paradise Street, Riverview Road and Warrener Street, Nerang meets Council’s current standards, as set out in the City Plan Policy- Land Development Guidelines in respect of the new road classification (i.e. vertical and horizontal geometry, pavement thickness and pavement composition), as specified in part (b) of this condition. The Applicant must provide the following:

i RPEQ Report, Road Impact Assessment in accordance with TMR “Guidelines for assessment of road impact development” 2006.

ii Pavement Impact assessment in accordance with TMR “Guidelines for assessment of road impact development” 2006. This to be completed by a pavement design and rehabilitation RPEQ specialist.

iii Structural Pavement Evaluation of all existing pavement which will be affected by the development using non-destructive testing (Benkelman Beam, Falling Weight Deflectometer or Deflectograph with 40KN) at a maximum of 20m spacing along all outer wheel paths, FWD drops are to be 600mm away from the kerb and channel. Pavement profiles will also be required and confirmed using either soil testing or Ground Penetration Radar. Adopt TMR pavement rehabilitation and design guidelines in all stages of pavement investigations, rehabilitation and design

iv The RPEQ report needs to evaluate existing pavement performance (including, but not limited to, identifying pavement depth/ classification and pavement life) and the structural impacts as a result of increased traffic loadings from the development. In addition to the increased traffic volumes of the proposed future use the type and volume of construction traffic needs to be quantified for project (eg. Heavy plant/earthmoving equipment movements, earth cut/fill, concrete deliveries, building materials delivery etc.). This to be completed by a

Timing

a) Must be submitted and approved by Council as part of a development permit for Operational Works, Material Change of Use or Reconfiguring a Lot (whichever occurs first) resulting from this approval.

b) As identified by Part a(vi) of this condition.


920 Adopted Report


pavement design and rehabilitation RPEQ specialist with more than 10 years’ experience in pavement rehabilitation and design.

v Indication of the location of underground services for the proposed development in relation to the existing roads.

Note – A visual defect and roughness survey of the affected roads will also be required prior to the commencement of development (a reference zero point) and at the completion of development.

vi Based on the findings of parts (ai)-(av) above, identify where pavements need to be upgraded in respect of the new road classifications (specified in part (b) of this condition) and identify the trigger points (timing) for these upgrades based on dwelling numbers.

Note: This assessment must be subject to trip generation rates and distributions as agreed by Council’s Transport Assessment section.

vii If it is identified that road widening is required, resulting in a requirement for land resumption or dedication to achieve the road standards identified in part (b) of this condition, the Applicant must demonstrate how this can be achieved to the satisfaction of the City of Gold Coast and at no cost to Council.

b As per part a(vi) of this condition, where it is determined that pavements do not meet the relevant standards, the Applicant is required to apply for an Operational Works permit to construct the required roadworks (within three (3) months of completing part a of the condition above) and must commence and complete works within six (6) months of issuing approval for Operational Works. In relation to the above requirements each road (pavement width, depth and composition) must be constructed to the following standards (as per the City Plan Policy- Land Development Guidelines):

i Bowden Court- Two Lane Urban Road;

ii Riverview Road- Residential Collector- Designated Bus Route;

iii Riverview Road Cul-de-sac-Two Lane Urban Road;


921 Adopted Report


iv Paradise Street- Residential Collector;

v Warrener Street (west)- Residential Collector- Designated Bus Route; and

vi Warrener Street (south)- Two Lane Urban Road.

c The City of Gold Coast has the ability to review the report and recommendations and request further information and/or studies if the report has not been completed to the above standards.

d If it cannot be demonstrated to Council’s satisfaction that the existing pavement meets the above standards, the existing pavement must be removed from the road reserve and full pavement width, depth and composition must be constructed to Council’s current standards.

e The land owner must construct all roadworks and upgrades at no cost to Council.

Information note:


19 Operational work (works for infrastructure) application required

The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of roadworks. Approval of plans showing the location of roadworks, are not to be taken as an approval to construct such roadworks.

Timing

Prior to undertaking the required works.

ELECTRICAL RETICULATION

20 Electricity supply to MCU developments and private estates

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 is available to the development site and all proposed 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.

Timing

Prior to the commencement of the use.


922 Adopted Report


TELECOMMUNICATIONS

21 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.

VEGETATION MANAGEMENT

22 Arborist report – tree assessment and tree management plan

a The applicant must submit a Tree Assessment and Tree Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention as per Drawing 1, Rev A, Conceptual Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP.

b This plan is to be prepared by a qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture.

c All tree management procedures within the report are to be in accordance with the Australian Standard AS4970 - 2009 Protection of trees on development sites. The Arborist report must contain the following information:

i An appraisal of the health and vigour of existing protected size trees located immediately adjacent to the area of works and nominated for retention, including stage of growth, predicted gross morphology, crown framework and extent of root system.

ii Tree site plan of suitable scale to proposed development layout plans indicating all required

Timing

Prior to the commencement of operational works or building works.


923 Adopted Report


Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for the existing protected size trees immediately adjacent to the proposed area of works.

iii Details of all proposed vegetation works (including proposed clearing or retention works) to ensure:

A The survival, ongoing health and vigour of retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.

23 Vegetation works OPW application required

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)):

a The approved MCU / ROL layout plan.

b The approved bushfire management plan.

c Arborist Report - Tree Assessment and Tree Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention.

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

e A fauna management plan.

f A sediment and erosion control and construction management plan.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

g equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or

Timing

Prior to the commencement of any operational works for vegetation clearing.


924 Adopted Report


LAP; or

h equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

LANDSCAPE WORKS ON PRIVATE LAND

24 Statement of Landscape Intent

a A Statement of Landscape Intent must accompany any development application for material change of use submitted to Council;

b The Statement of Landscape Intent must approved by Council and:

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

ii Comply with City plan Policy- Landscape Work; and

iii Demonstrate regular areas for the planting of substantial trees along the street frontage of the Bowden Street Precinct.

Timing

As indicated in the wording of the condition.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

25 Fencing within development designed to promote casual surveillance

Any fencing that exceeds 1.2m in height and constructed adjacent to pedestrian pathways and/ or communal open space must have permanent visibility through at least 50% of the surface area.

Timing

At all times.

WATERWAY SETBACK

26 Waterway Setback

No buildings, structures or earthworks are permitted within the 30 metre buffer to the waterway required by condition 1. This includes both the covenant area and private open space area.

Timing

At all times.


925 Adopted Report


ACID SULFATE SOILS (The Villa Site Only)

27 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




features.

28 Preparation of acid sulfate soil management plan



Timing

To be submitted and approved in conjunction with a development permit for Material Change of Use, Reconfiguring a Lot or Operational Works application (whichever occurs first) and prior to any works commencing onsite (excluding demolition).

COVENANT AREA – PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT (THE VILLA SITE)

29 Covenant Area – prohibited activities

The area described as ‘20 metre wide buffer from Highest Astronomical Tide (HAT) to continue along the length of Lot 301 on SP134117 and Lot 300 on SP134117 ‘covenant area’ on the approved plan required by Condition 30, (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken:

a Clearing, lopping or removal of any native plants, whether existing at the date of this approval or planted pursuant to conditions of this approval;

b Erection of any fixtures or improvements, including buildings or structures;

c Construction of any trails or paths;

Timing

At all times once the environmental covenant has been registered as part of a development permit approval


926 Adopted Report


d Depositing of any fill, soil, rock, rubbish, ashes, garbage, waste or other material foreign to the protected area;

e Keeping or permitting the entry of domestic animals or any other animals that are not indigenous to the Covenant Area; and

f Performance of any other acts which may have detrimental impact on the values of the Covenant Area.

30 Covenant Area management plan

A covenant management plan must be prepared, detailing all management measures and monitoring to be undertaken in the Covenant Area for the life of the development and the use of the premises so as to ensure the preservation of the environmental integrity of the Covenant Area. The covenant management plan must include the following information: a Description of the approved development including a

plan showing the location of the covenant areas. b Purpose of the document relating to relevant conditions

of approval. c A description of how the document is to be read,

including the purpose of the covenant area and general requirements at each phase of the development (i.e. developer’s and landowners’ responsibilities as covenantor).

d Detailed descriptions for the covenant areas including:

i Topography; ii Waterways, flow paths, gullies; iii Vegetation communities and significant species; iv Fauna habitat and significant species; and v Other significant features.

e Requirements to be fulfilled by the developer (as covenantor) as to the following:

i Prohibited and permitted actions during construction;

ii Infrastructure requirements (including essential, unavoidable services, stormwater etc);

iii Rehabilitation, including summaries of rehabilitation activities (based on the approved Rehabilitation Plan and/or Landscaping Plans) in accordance with Appendix 1 (Guideline for the preparation of a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open

Timing

To be submitted and approved in conjunction with the Development Permit for Material Change of Use, Reconfiguring a Lot or Operational Works application (whichever occurs first) and prior to any works commencing onsite (excluding demolition).


927 Adopted Report


Space (November 2007: Version 1); iv Maintenance requirements including activities,

timeframes and standards to be achieved prior to off-maintenance in accordance with relevant sections of Appendix 1 (Guideline for the preparation of a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1);

v Monitoring details including baseline data/photographs; and

vi Compliance/certification. f Requirements to be fulfilled by landowners (as

covenantors) as to the following:

i Purpose of the covenant; ii Prohibited and permitted actions/activities; iii Detailed landowner requirements and

responsibilities; and iv Detailed methods relating to maintenance and

enhancement of the covenant area, including weed removal methods, revegetation methods and species lists, monitoring requirements and useful resources and contacts.

g General information, including:

i Duration of requirements / responsibilities; ii Information on who to contact for approvals for

any activities required that are not permitted within the covenant area;

iii Baseline data; and iv Checklists for Council (as the covenantee) to

assess compliance with the covenant (including remedial actions for non-compliance).

h The covenant management plan must include and be consistent with:

i The approved management and rehabilitation plans for the site and the Covenant Area, including any amendments to those plans required by the conditions of this approval;

ii Any stormwater quality management components within the Covenant Area; and

iii Full details of any approved landscape plans for the Covenant Area.


928 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 31 Covenant Area – approved management plan to be

complied with

a The Covenant Area must be managed in accordance with the approved management plan for the Covenant Area (‘Covenant Management Plan’), for the life of the development and the use of the premises.

b The owner must take all reasonable measures to ensure that any person occupying or undertaking any activities within the Covenant Area complies with the Covenant Management Plan.

c The Covenant Management Plan may be amended with the written agreement of Council but only if the amendment:

i Is consistent with the purpose of the covenant (being the statutory covenant required to be registered pursuant to the conditions of this approval);

ii Does not alter the covenant area; and

iii Does not add or remove a party to the covenant.

Timing

At all times.

32 Covenant Area – statutory covenant to be registered

An instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area. The following requirements must be complied with in the preparation and lodgement of the instrument of covenant: a The applicant is responsible for the preparation of the

instrument of covenant and any necessary subdivision plan to enable registration of the covenant and for lodgement of the covenant for registration.

b The instrument must be in a form capable of registration pursuant to section 97A(3)(b) of the Land Title Act 1994.

c The Covenant Area must be shown and identified as a ‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’).

d Council’s standard covenant (Dealing number 711772071) must be used and the applicant must provide a draft of the covenant to Council for written approval.

e The parties to the covenant are to be the registered owner of the lot (as covenantor) and the Council (as covenantee).

f The instrument must include a purpose statement that articulates:

Timing

At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use for the first development permit.


929 Adopted Report


i That the covenantor acknowledges that the Covenant Area contains native plants and habitat for native animals that should be preserved;

ii That the covenant is aimed at directly preserving those features; and

iii That to ensure the Covenant Area and its values are preserved, it is critical that activities within the Covenant Area are limited and managed to ensure native plants, animals, their habitat & values are preserved.

g The instrument must expressly set out, in full, as obligations of the covenantor each of the individual requirements set out in all conditions.

h If the instrument is requisitioned or refused registration by the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval.

i The applicant must provide Council with evidence of the registration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Area.

RIVER BANK STABILISATION AND RECOVERY REPORT (The Villa Site Only)

33 River Bank Stabilisation and Recovery Report

a The applicant must submit a River Bank Stabilisation and Recovery Report to address issues of bank instability and erosion onsite.

b The geomorphic investigation must include a ‘riverstyles review’ of the upper reach of the Nerang River Estuary upstream from the Ross Street Bridge.

c The report must be prepared by a suitably qualified professional with coastal and estuarine geomorphological qualifications and include the following information: i Identify areas of bank instability/erosion areas

(includes geomorphic investigation); ii Provide recommendations for recovery of bank

instability/erosion areas if appropriate; iii Recommendations are to follow naturalised/soft

engineering outcomes that incorporate the creation of both Riparian Habitat and Aquatic Habitat;

Timing



930 Adopted Report


iv Provide operational works drawings identifying works required to stabilise areas of the river bank if required;

v Provide specific guidance for revegetation.

REHABILITATION MANAGEMENT PLAN (The Villa Site Only)

34 Preparation of rehabilitation management plan

A rehabilitation management plan must be prepared in accordance with:

a Appendix 1 (Guideline for the preparation of a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1); and

b Conditions of this approval.

The rehabilitation management plan must contain the following information (as applicable):

c Details of proposed rehabilitation works including proposed species and planting palette.

d Planting modules to demonstrate planting densities.

e All weeding works required, including a full list of known weeds on site and how each weed can be adequately managed.

f The required ongoing management/maintenance regimes, including:

i Plans indicating maintenance areas/zones; iv Schedules of works including frequency and

tasks; v Allocation of labour and resources to perform

tasks; vi Nomination of key performance indicators/criteria

for monitoring purposes (eg. All revegetation areas minimum 90% weed free, etc);

vii Time allocated to perform various tasks (eg. top up mulch, pruning, topdressing, etc);

viii Defects liability for materials such as replacement of dead plant species of equivalent species and vigour;

ix Coordination of services such as irrigation repair or civil infrastructure maintenance (such as stormwater) that may impact on the landscape establishment and maintenance periods;

x Management of bushfire hazard (only where

Timing



931 Adopted Report


appropriate); xi Management of domestic farm/feral animals (if

appropriate); xii Tree management procedures; xiii Management and maintenance regimes for

sediment and erosion control devices, and irrigation;

xiv Proposed future need for infrastructure, including public facilities; and

xv Management and control of declared plants and recognised environmental weeds.

PUBLIC OPEN SPACE

35 Future dedication of open space at the first development for MCU

a The applicant must dedicate (Precinct 4 of the Nerang TOD Development Code) to Council the area of public open space listed below, as identified on the plans indicated:

Information note:


Purpose Description on Plan

Plan Reference

Landscape Amenity Parks

Public Open Space 4090m²

12.2049, revision D, Precincts Plan , dated 20/10/2015

Timing

Prior to the commencement of use for the first development permit for Material Change of Use or Reconfiguring a Lot.

HYDRAULICS and Stormwater Management

36 No loss of floodplain storage

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.

Timing

At all times.

37 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 and duration of inundation

external to the site that could cause loss or damage except that has been approved in the hydraulic report,

Timing

At all times.


932 Adopted Report


being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1).

Information note:


38 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.

39 Building floor levels

a Building floor levels of habitable rooms must be at least 300mm above the Council's designated flood level.

b Building floor levels of garages and non-habitable rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level.

c Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level.

Timing

At all times.

40 Flood hazard signage

The applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

Timing

The flood markers and warning signs must be installed prior to the commencement of the use of the premises.

41 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 comply with the approved hydraulic report, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1), and no loss of flood plain storage has occurred as a result of the earthworks. The certification

Timing

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


933 Adopted Report


must be accompanied by calculations and as constructed data that: a Includes existing and proposed triangulated surface

meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS; and

b Has been compared with the pre-development surface levels to ensure that no loss of floodplain storage has occurred.


42 Flood emergency management plan

A flood emergency management plan (FEMP) for the Building 1 and Building 2 of The Villa site must be prepared by a suitably qualified natural hazard / risk management expert and submitted to Council for approval. The FEMP must include (but not limited to) the following information: a Identification of flood hazard / risks based on the latest

flood modelling of the Nerang River. b Identification of evacuation route; evacuation

arrangements for occupants during major flood events. c Monitoring by the body corporate of the Bureau of

Meteorology and SES reports in relation to possible Nerang River flooding and/or local catchment flooding, and provision of timely and adequate advice of such reports to all occupants.

d Regular flood management drills (similar to fire drills) for the occupants, which must include awareness education of the hazard and the flood management plan and a roles exercise.

e Detail measures that will ensure no additional burden is created for SES and Council’s emergency services during major flood events.

The approved FEMP must be incorporated into the body corporate by-laws and all works must be carried out by the body corporate or their agent in accordance with the (to be) approved FEMP.

Timing

The FEMP must be submitted to Council for approval in conjunction with the lodgement of the future material change of use, reconfiguring a lot or operational work application, whichever occurs first.

43 Stormwater management plan to be amended

The submitted stormwater management plan, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1), must be amended and submitted

Timing

The amended SWMP must be submitted to Council for approval in conjunction with the lodgement of a


934 Adopted Report


to Council for approval. The amended plan must address (but not limited to) the following issues: a Compare WBNM hydrologic model against peak flow

rates estimated by Rational Method for all minor and major events up to and including 100 year ARI storms, and adopt the most conservative estimates of the peak flow rates to design stormwater mitigation measures.

b Include the above comparison within the report in tabular and/or graphical format.

c Demonstrate that the proposed permanent lake water level (1.0 mAHD) is higher than the MHWS water level of Nerang River at the proposed discharge point.

d Include the initial and continuing losses assumed in hydrologic model into the report. To be consistent with Council’s recent hydrologic studies for the City’s catchments, initial loss and continuing loss in the hydrologic model for 10 year ARI and greater storm events are to be 0mm and 0.5mm respectively.

e It appears from the Council’s records (ground level contours, drainage and catchment maps) that a significant area of external catchment (RP1) for Bowden Street site has not been considered in stormwater management of the site. Therefore, include the above areas within the external catchment RP1 for stormwater management purposes.

f Include turbidity within the construction phase water quality performance criteria.

development permit for material change of use, reconfiguring a lot or operational work application, whichever occurs first.

44 Lake water quality management plan

The applicant must submit to Council for approval a lake water quality management plan (LWQMP). The plan must:

a Demonstrate achievement of: i The ANZECC Water Quality Guidelines 2000 for

the Protection of Aquatic Ecosystems and Recreational Secondary Contact standards;

ii The requirements of the Environmental Protection Act 1994, Environmental Protection Regulation 1998 and the Environmental Protection (Water) Policy 1997; and

iii Acceptable levels of residential amenity. b Include the following information:

i Details of the attributes and design of the proposed lake including the location, size, depth, final form, tidal influences (if any), and the location and configuration of any possible future exchange pipe;

Timing

The LWQMP must be submitted to Council for approval in conjunction with the lodgement of a development permit for material change of use, reconfiguring a lot or operational work application (change to ground level), whichever occurs first.


935 Adopted Report


ii The water quality objectives for the proposed lake during both the construction and the operational phases;

iii The water quality objectives for water exiting the site during the operational phase;

iv How water quality objectives will be met, evidenced by an operational management plan for the lake and open space/drainage line that addresses water quality, lake and drainage line management and contingency plans for aquatic growth, fish kill response, pollution response and blue-green algal blooms;

v How stratification and eutrophication will be managed;

vi Details of marine plants that may be disturbed during construction of the possible future tidal exchange pipes, should they become necessary;

vii Impact on fisheries resources in Nerang River and the mitigation measures to avoid or minimise such impacts from the construction of the possible future tidal exchange pipes, should they become necessary;

viii The adequacy of proposed stormwater runoff treatment measures to ensure the development does not contribute to existing impacts to the water quality of Nerang River (receiving waters);

ix Adequate mechanisms to restrict limited exchange with Nerang River (receiving waters), should monitoring indicate that lake water quality is unacceptable;

x A monitoring program for lake water quality; xi Details of landscaping of the proposed open

space drainage line; xii Potential impacts to the amenity of future

residents from poor lake water quality (eg. odour, plant growth and biting insects) and how these will be mitigated;

xiii Ongoing maintenance costs; and xiv Delineation for infrastructure and management

responsibilities between Council and the applicant, including in the event water quality criteria are exceeded. The applicant will be responsible for treating the pollutants arising as a result of the development, as well as the existing lake water quality.


936 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 45 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.

46 Stormwater headwalls, outlets and associated flow paths and channels

a All stormwater headwalls/outlets and associated flow paths and channels must be: i Treated in a manner appropriate to their

proposed landscaped surrounds; and

ii Constructed in accordance with City Plan Policy Land Development Guidelines to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/revegetated as appropriate.

b The aprons in front of stormwater headwalls must be constructed to ensure no under-scouring can occur.

c The areas of cut surrounding the headwalls must be sufficiently stabilised to the satisfaction of the City of Gold Coast to ensure that no erosion or destabilisation occurs.

d All naturalised channels conveying or directing any stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.

Timing

At all times.

47 Certification that stormwater management system implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management system 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.


937 Adopted Report


EROSION AND SEDIMENT CONTROL

48 Preparation of erosion and sediment control plan

An Erosion and Sediment Control Plan (ESCP) must be prepared in accordance with the Council’s Planning Scheme’s Sediment and Erosion Control Constraint Codes and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008), and submitted to Council for approval. The plan must:

a Ensure that all reasonable and practicable measures are implemented to minimise short and long-term erosion and adverse effects of sediment transport;

b Be prepared by a suitably qualified professional (Certified Practitioner in Erosion and Sediment Control or Registered Professional Engineer Queensland with experience and training in erosion and sediment control);

c Relate to each phase of works (including clearing, earthworks, civil construction, services installation and landscaping/rehabilitation) and detail the type, location, sequence and timing of measures and action to effectively minimise erosion, manage flows and capture sediment;

d Include the results of all soil investigations undertaken for the site and on which the ESCP is based;

e Be consistent with the current best practice standards to the extent that the standards are not inconsistent with the conditions of approval and taking into account all environmental constraints including erosion hazard, season, climate, soil and proximity to waterways; and

f Include monitoring requirements, and clearly outline the need to adjust or maintain erosion and sediment control and site management practices to achieve the above requirements.

Timing The ESCP must be submitted to Council for approval in conjunction with the lodgement of a development permit for material change of use, reconfiguring a lot or operational work (inclusive of change to ground level, works for infrastructure) application whichever occurs first.

49 Erosion and sediment control

a Erosion, sediment and dust control measures must be designed, implemented and maintained in accordance with the approved Erosion and Sediment Control management Plan and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).


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


938 Adopted Report



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 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


939 Adopted Report


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

50 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).

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 10 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.



940 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 51 Erosion and sediment control for works within

waterways

a All works within waterways (including riparian areas) must be:

i Undertaken during dry weather;

ii Promptly rehabilitated conforming to the natural channel form, substrates and riparian vegetation as far as possible; and

iii Undertaken in accordance with Best Practice Erosion & Sediment Control, Appendix I – Instream works, Sections I4 and I6 (IECA Australasia, November 2008).

b Temporary vehicular crossings of waterways must be designed and constructed to convey flows and remain stable for all rainfall events up to the 1 in 10 year average recurrence interval (ARI) event of critical duration.

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

52 Detailed design and certification of erosion and sediment control measures

a The development application for operational work (works for infrastructure and/or change to ground level) must be accompanied by site specific detailed design of erosion and sediment control measures, including (but not limited to) details of:

i Catchment boundary and overland flow path;

ii Estimated soil loss from each catchment;

iii Length, width and depth of each sediment basin;

iv Spillway details and levels;

v Energy dissipation/scour protection;

vi High flow bypass (if required);

vii Cross section, capacity and spacing of each catch/diversion drain;

viii Location and spacing of silt fences;

ix Frequency and location of water quality monitoring;

x Maintenance requirements and frequencies;

xi Maintenance access; and

xii Contingency measures in case of failure to achieve the water quality objectives.

b The applicant must also submit certification from a

Timing In conjunction with the lodgement of a development permit for operational work (works for infrastructure change to ground level and / or vegetation / tree clearing) applications.


941 Adopted Report


qualified professional confirming that the above detailed drawings are prepared in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

53 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 City of Gold Coast 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 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).



942 Adopted Report


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 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.

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.


943 Adopted Report


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 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.

55 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

Timing



944 Adopted Report


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

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.

56 Dust management

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

b 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.

c 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;




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

Timing



945 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 57 Haulage access / site management

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







Timing


58 Transport of soil/fill/excavated material

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

Timing

At all times while works are occurring.


946 Adopted Report



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


59 Public safety to be ensured


Timing


PLUMBING AND DRAINAGE

60 Application for compliance permit for sewerage works required

The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any 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.

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.


947 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 61 Application for compliance permit for water supply

plumbing work required

The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any 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.

62 Application for compliance permit for fire services plumbing work required

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

Information note:

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

Timing


SEWERAGE

63 Sewer reticulation

a Lot 300 and 301 must be connected to Council’s sewer reticulation system at the developer’s cost via a (one) private pump station and rising main.

b Lot 3 must be connected to Council’s sewer reticulation system at the developer’s cost via a private pump station and rising main.

c The private pump station and private rising mains servicing the development site must be upgraded by the developer should Council’s existing sewerage network be altered by Council, at no cost to Council.

Timing

Prior to commencement of use for the site.


948 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 64 Connection point

a The additional 225mm sewer main in Riverview Road must be used as the connection point for lot 300 and 301, unless otherwise approved by Gold Coast Water.

b The existing 150mm sewer main located to the east of the site in Bowden Court (approx. opposite to entrance of Nerang Railway Station) must be used as the connection point for lot 3, unless otherwise approved by Gold Coast Water.

Timing

Prior to commencement of use for the site

65 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 the South East Queensland Water Supply and Sewerage Design and construction Code (SEQ D & C Code)

Timing

At all times.

66 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.

67 Augmentation works

A 225mm sewer main shall be constructed from the nominated connection point for lots 300 and 301 in Riverview Road, along Boulton Park to manhole 4/1 (near the south eastern corner of lot 39RP96050). A 300mm main shall then be constructed (and replace the existing 150mm main from manhole 4/1 to warrener Street) from manhole 4/1, along Boulton Park and Warrener Street, to manhole 7/10, located near the south eastern corner of the Warrener Street – Bowden Court round-a-bout, at the developer’s expense and at no cost to Council.

Timing

Prior to commencement of use for the site (unless otherwise approved by Gold Coast Water).

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


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



949 Adopted Report


WATER SUPPLY RETICULATION

69 Water supply reticulation (potable only)

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

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

Timing

Prior to commencement of use for the site

70 Connection point

a The existing 100mm main along the eastern end of Riverview Road must be used as the potable water supply connection point for lots 300 and 301 (one connection), unless otherwise approved by Gold Coast Water.

b The existing 150mm main along Bowden Court must be used as the potable water supply connection point for lot 3, unless otherwise approved by Gold Coast Water.

c Where mains exist on the opposite side of the street, conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted).

Timing


71 Augmentation works

A new 100mm water main approximately 130m long is required to connect the existing 100mm water main on Riverview Road and the 150mm water main in Bowden Court, at the developer’s expense and at no cost to Council. This condition is imposed in accordance with section 665 (non-trunk infrastructure) of the Sustainable Planning Act 2009.

Timing

Prior to commencement of use for the site (unless otherwise approved by Gold Coast Water).

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 the South East Queensland Water Supply and Sewerage Design and construction Code (SEQ D & C Code).

Timing

At all times.

73 Connection and disconnection – arrangements with Gold Coast Water

Any connections and disconnections to the existing water supply network must be at the developer’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.


950 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 74 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.

75 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration.

Timing

At all times.

76 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 applicants cost. Removal must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing



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


78 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.


951 Adopted Report


a In the case of a community titled development, the developer shall provide individual sub-metering for each lot within the development including any common property, in accordance with Sub-metering Policy dated 1 January 2008, unless otherwise approved by Gold Coast Water.

b All sub-meters and their locations shall be approved by Plumbing and Drainage.

c The sub-metering configuration must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

d Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided.

e For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

f 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.

NATURE OF DECISION

B Council approves the issue of a Preliminary Approval pursuant to section 241 of the Sustainable Planning Act 2009 for the following operational work assessable under the planning scheme:

1 Preliminary Approval for Operational work (change to ground level), specifically:

a Earthworks

All other aspects of assessable operational work are not approved by this approval.

C The approval is subject to the following conditions:

APPROVED DRAWINGS

2 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by Certified by

GENERAL

17502-CLL-000 C COVER SHEET - Mortons Urban Solutions

RPEQ:4706

17502-CLL-001 A GENERAL NOTES 02/06/14 Mortons Urban Solutions

RPEQ:4706


952 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 17502-CLL-003 A KEY PLAN –

SEDIMENT & EROSION, BULK EARTHWORKS

02/06/14 Mortons Urban Solutions

RPEQ:4706

SEDIMENT AND EROSION 17502-CLL-010 B PLAN – SHEET 01 02/06/14 Mortons

Urban Solutions

RPEQ:4706

17502-CLL-011 B PLAN – SHEET 02 02/06/14 Mortons Urban Solutions

RPEQ:4706


RPEQ:4706


RPEQ:4706

BULK EARTHWORKS

17502-CLL-020 A EXISTING SURFACE PLAN – SHEET 01


RPEQ:4706

17502-CLL-030 B CUTFILL PLAN – SHEET 01


RPEQ:4706



RPEQ:4706



RPEQ:4706



RPEQ:4706

17502-CLL-050 C KEY PLAN – BULK EARTHWORKS LONGITUDINAL SECTIONS


RPEQ:4706

17502-CLL-051 C SECTIONS – SHEET 01


RPEQ:4706

17502-CLL-052 C SECTIONS – SHEET 02


17502-CLL-053 A SECTIONS – SHEET 03

29/06/15 Mortons Urban


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Solutions 17502-CLL-054 A SECTIONS –

SHEET 04 29/06/15 Mortons

Urban Solutions

17502-CLL-070 B FINAL SURFACE PLAN – SHEET 01



3/2/16 Cardno HRP

showing the following amendments: i A 30 metre wide buffer from Highest Astronomical Tide (HAT), comprised of

a twenty (20) metre wide environmental covenant and ten (10) metre wide private open space area. All buildings, structures and earthworks are to be outside of this 30 metre buffer area.

ii The buffer area consisting of both environmental covenant and private open space is to continue along the length of Lot 301 on SP134117 and Lot 300 on SP134117.

iii The mapped location of the covenant area and private open space area is to be illustrated within supporting documents and on all plans of development.

iv The retention of all trees as identified on Drawing 1, Rev A, Conceptual Tree Retention Plan (3/2/16).

b The amended code/ plans/ drawings are to be submitted to Council for approval prior to the lodgement of any Development Permit or the commencement of the use of the premises (whichever occurs first).

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

3 Decision notice and approved plans/drawings to be 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 Relevant period

For section 341(3)(b) of the Sustainable Planning Act 2009, the relevant period after which the approval will lapse if the works are not substantially started is: 2 years from the date of this Decision Notice.

Timing

At all times.

5 Building Structures

No building structures shall be formed part of this approval.

Timing

At all times.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 6 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.

RELATIONSHIP WITH OTHER APPROVALS/REQUIREMENTS

7 Compliance with related development approvals

Conditions of all related development approvals and all approved documentation (including but not limited to plans, drawings and reports) for this site must be complied with.

GUIDELINE

This condition is imposed to ensure compliance and consistency with all development approval conditions related to the subject site.

Timing

At all times.

8 Encroachment of works on adjoining land

If any works the subject of this approval encroaches on adjoining land, the applicant must submit to Council a letter from the owner of the adjoining land consenting to the carrying out of those works.

GUIDELINE

This approval does not permit works to encroach on adjoining land. Any such occurrence requires the applicant to obtain the necessary consent from the owner of the adjoining land.

Timing

Prior to works commencing.

HYDRAULICS AND STORMWATER MANAGEMENT

9 No loss of floodplain storage


Timing

At all times.

10 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 and duration of inundation external to the site that could cause loss or damage except that has been approved in the hydraulic report, being “The Villa & Bowden Street, Nerang – Flooding

Timing

At all times.


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Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1).

Information note:


11 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.

12 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 comply with the approved hydraulic report, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1), and no loss of flood plain storage has occurred as a result of the earthworks. The certification must be accompanied by calculations and as constructed data that:

a Includes existing and proposed triangulated surface meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS; and


Information note:


Timing

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

EROSION AND SEDIMENT CONTROL

13 Preparation of erosion and sediment control plan

An Erosion and Sediment Control Plan (ESCP) must be prepared in accordance with the Council’s Planning Scheme’s Sediment and Erosion Control Constraint Codes

Timing The ESCP must be submitted to Council for approval in conjunction with the lodgement of a


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and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008), and submitted to Council for approval. The plan must:

a Ensure that all reasonable and practicable measures are implemented to minimise short and long-term erosion and adverse effects of sediment transport;






development permit for material change of use, reconfiguring a lot or operational work (inclusive of change to ground level, works for infrastructure and / or vegetation / tree clearing) application whichever occurs first.

14 Erosion and sediment control

a Erosion, sediment and dust control measures must be designed, implemented and maintained in accordance with the approved Erosion and Sediment Control management Plan and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).



d To minimise unvegetated areas:



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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


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,



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 in accordance with


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

15 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).







16 Erosion and sediment control for works within waterways

a All works within waterways (including riparian areas) must be:

i Undertaken during dry weather;

ii Promptly rehabilitated conforming to the natural channel form, substrates and riparian vegetation



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as far as possible; and



17 Detailed design and certification of erosion and sediment control measures

a The development application for operational work (works for infrastructure and/or change to ground level) must be accompanied by site specific detailed design of erosion and sediment control measures, including (but not limited to) details of:

i Catchment boundary and overland flow path;

ii Estimated soil loss from each catchment;

iii Length, width and depth of each sediment basin;

iv Spillway details and levels;

v Energy dissipation/scour protection;

vi High flow bypass (if required);

vii Cross section, capacity and spacing of each catch/diversion drain;

viii Location and spacing of silt fences;

ix Frequency and location of water quality monitoring;

x Maintenance requirements and frequencies;

xi Maintenance access; and

xii Contingency measures in case of failure to achieve the water quality objectives.

b The applicant must also submit certification from a qualified professional confirming that the above detailed drawings are prepared in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

Timing In conjunction with the lodgement of operational work (works for infrastructure change to ground level and / or vegetation / tree clearing) applications.

18 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

Timing During operational works (works for infrastructure change to


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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 City of Gold Coast.

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 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).

ground level and / or vegetation / tree clearing).

VEGETATION MANAGEMENT

19 Arborist report – tree assessment and tree management plan

a The applicant must submit a Tree Assessment and Tree Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention as per Drawing 1, Rev A, ‘Conceptual Tree Retentin Plan’, 3/2/16, by Cardno HRP.

b This plan is to be prepared by a qualified Arborist with a

Timing

Prior to the commencement of operational works.


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minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture.

c All tree management procedures within the report are to be in accordance with the Australian Standard AS4970 - 2009 Protection of trees on development sites. The Arborist report must contain the following information:

i An appraisal of the health and vigour of existing protected size trees located immediately adjacent to the area of works and nominated for retention, including stage of growth, predicted gross morphology, crown framework and extent of root system.

ii Tree site plan of suitable scale to proposed development layout plans indicating all required Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for the existing protected size trees immediately adjacent to the proposed area of works.

iii Details of all proposed vegetation works (including proposed clearing or retention works) to ensure:

A The survival, ongoing health and vigour of retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.

20 Vegetation works OPW application required

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved bushfire management plan. c Arborist Report - Tree Assessment and Tree

Timing

Prior to the commencement of any operational works for vegetation clearing.


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Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention.


e A fauna management plan. f A sediment and erosion control and construction

management plan.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

g equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or


ACID SULFATE SOILS

21 Acid sulfate soil investigation





features.

Timing

To be submitted and approved in conjunction with the lodgement of a development permit for Material Change of Use application or Operational Works application (whichever occurs first) and prior to any works commencing onsite (excluding demolition).


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 22 Preparation of acid sulfate soil management plan



GEOTECHNICAL ENGINEERING

23 Geotechnical report to be complied with

All earthworks, including site preparation, cut/fill batters, fill placement and compaction over the subject site, must be carried out in accordance with the advice and recommendations of the geotechnical report: “Preliminary Geotechnical Investigation Report, Proposed Residential Developments, The Villa and Bowden Street, Nerang”, prepared by Soil Surveys Engineering Pty Ltd, ref: 213-11091, dated October 2013 (Council ref: #45701863).

Timing

At all times while earthworks are occurring on site.

CONSTRUCTION MANAGEMENT

24 Workplace health and safety

All works are to be undertaken with due regard to the requirements of the Workplace Health and Safety Act 1995.

Timing


25 Haulage access / site management

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




Timing



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26 Transport of soil/fill/excavated material

During the transportation of soil and other fill/excavated material:

a All trucks hauling soil, or fill/excavated material must have their loads secure and covered;

b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and


Timing


27 Water usage

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

with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;

Timing



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

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

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

Information note: To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692. Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.

28 Public safety to be ensured


Timing


EARTHWORKS DESIGN AND MANAGEMENT

29 Compliance with Australian Standards

a The earthworks must be carried out in accordance with AS 3798-2007 Guidelines on earthworks for commercial and residential developments.

b Material must be placed in layers, watered and compacted to achieve the specified density ratio as monitored in Table 5.1 - Guidelines for Minimum Relative Compaction of AS 3798-2007.

Timing

At all times while earthworks are occurring.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 30 Cut and fill batters - design and construction

a Cut/fill batters must be constructed in accordance with section 3.2.7 of Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings.

b Batters must not straddle any lot boundaries. Where batters are associated with a private lot, they must be contained wholly within the lot and must not extend into existing or proposed public open space and/or bushland reserve. Where batters are proposed along the interface of a road and a park, the batter must be contained wholly within either the road reserve or park reserve, as approved by the City of Gold Coast or as required by conditions of this approval.

Timing

At all times.

31 Stabilisation of batters

All batters are to be stabilised within 10 days of the completion of bulk earthworks. Stabilisation techniques may include hydro mulching, returfing, erosion resistant blankets etc.

Timing


32 Removal of excess fill

Where it is proposed to remove excess fill from the site, the following information must be provided to the Contributed Assets Inspector for approval: a The amount of fill to be removed; b The location of the spoil site; and c The proposed haul route.

Timing

Prior to the commencement of works.

33 Vibratory compaction equipment

If the use of vibratory compaction equipment within 100 metres of any building or structure is proposed, the applicant must implement appropriate construction procedures including monitoring and the undertaking of building inspection reports.

Timing

At all times during the use of vibratory compaction equipment.

34 Safety fences, barriers and guard railing

The applicant must install adequate safety fences, barriers and guard railing to ensure any reasonably foreseeable risk of injury arising from the earthworks or potential for tampering with the earthworks are minimised as far as reasonably practicable.

Timing

Prior to the earthworks being accepted ‘On Maintenance’.

CERTIFICATION FOR EARTHWORKS

35 Certification of completed works

The applicant must submit to Council certification from a

Timing

Immediately after completion of the


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Registered Professional Engineer Queensland specialising in geotechnical engineering confirming the earthworks that have been carried out in site will not cause any instability during the design lifetime of the use of the premises.

works.

WORKS - COMPLIANCE

36 Compliance with Land Development Guidelines, Specifications and Drawings

Unless otherwise expressly specified in these conditions, all work the subject of this approval must be designed, constructed and maintained in accordance with: a Planning Scheme Policy 11 – Land Development

Guidelines, Standard Specifications and Drawings. GUIDELINE

This condition is imposed to ensure that all works occurs and is maintained in accordance with the prescribed standards.

Timing

At all times.

37 Certification of compliance

All works to be accepted as being practically complete must be certified by the certifying Registered Professional Engineer Queensland (RPEQ) as being generally in accordance with the approved plans/drawings. This includes changes made during the construction period which are within the acceptable tolerances in Attachment 1 – Acceptable Tolerances or undertaken in compliance with a signed written instruction from the City of Gold Coast, or otherwise properly characterised as being ‘generally in accordance with’ the approved plans/drawings.

For this condition, the Certifying RPEQ is the RPEQ (or his nominated representative) as notated within the approved drawing list above.

GUIDELINE

This condition is required to certify that all works are being undertaken in accordance with the approved plans.

PROOF OF FULFILMENT

Certification of the ‘As Constructed’ is submitted to and accepted by Council’s Contributed Assets Section.

Timing

Such certification must be submitted to Council prior to the earlier of the endorsement of survey plans, the commencement of the ‘On Maintenance’ period or the commencement of the use.

38 Engineering certification to be submitted

The applicant must submit to Council certification (with an original signature) from a Registered Professional Engineer Queensland (RPEQ) certifying that the works have been constructed in accordance with the approved plans and conditions of approval.

Timing

Within two months of the date of practical completion of the works.


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GUIDELINE This condition is required to certify that all works are being undertaken in accordance with the approved plans and conditions of approval.

PROOF OF FULFILMENT Certification of the ‘As Constructed’ works is submitted to and accepted by Council’s Contributed Assets Section.

39 Engineering certification required before acceptance ‘On Maintenance’

The applicant must provide to Council a certification from a suitably qualified structural engineer stating compliance with the requirements of conditions. PROOF OF FULFILMENT Certification of the ‘As Constructed’ works is submitted to and accepted by Council’s Contributed Assets Section.

Timing

Prior to the acceptance of this site ‘On Maintenance’.

PROGRESS OF WORKS – KEY NOTIFICATIONS, INSPECTIONS & MAINTENANCE

40 Key notifications, inspections & maintenance

Without limiting the requirement for compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the following key notifications, inspections and maintenance must be complied with.

41 Prior to works commencing

a The applicant must notify Council of: i Name of the Consultant’s representative; ii Name of the Contractor and its representative; and iii Pursuant to the Workplace Health and Safety Act 1995,

name of the Principal Contractor. b The applicant must successfully complete a pre-start

inspection with Council officers:

i The inspection must be booked through Council’s Contributed Assets Inspection Section on (07) 5582 9034; and

ii All outstanding/unsatisfactory items identified on Council’s pre-start checklist must be attended to and checked to Council’s satisfaction, prior to works commencing.

42 During works

a The applicant must successfully complete the inspections relevant to particular work in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and/or as required by conditions

Timing



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of this approval. The inspections must be booked through Council’s Contributed Assets Inspector for the area, Abbas Taghaode (5582 8304).

b The applicant must allow inspections to be undertaken by Council officers from time to time to ensure compliance with the conditions of this approval. All outstanding/unsatisfactory items identified as a result of an inspection must be attended to and checked to Council’s satisfaction, in accordance with the timeframes and requirements indicated on the record of inspection, including variations and/or additions to the approved plans/drawings required as a result of insufficient detail on the plans/drawings or to ensure that compliance with the conditions of this approval and good engineering practice is achieved.

c Work must not progress until successful completion of each inspection.

43 Completion of works – plans/drawings

At the completion of works, a full set of the final design drawings that notate all ‘generally in accordance with’ changes (whether being within acceptable tolerances in Attachment 1 – Acceptable Tolerances or undertaken in compliance with a signed written instruction from the City of Gold Coast or otherwise properly characterised as being ‘generally in accordance with’), are to be provided to Council for records purposes in conjunction with any as constructed submission or prior to the earliest of the endorsement of survey plans, the commencement of the ‘On Maintenance’ period or the commencement of use.

44 Following practical completion

a Following practical completion, the notification, inspection and maintenance requirements set out in the table below that are applicable to the type(s) of operational work the subject of this approval must be complied with.

b Each applicable requirement in the table below must be carried out in accordance with the details (including timeframes) set out in: i Planning Scheme Policy 11 – Land Development

Guidelines, Standard Specifications and Drawings; and ii Where a bond agreement applies, the terms of the

bond agreement; and iii Conditions of this approval.

c Where an inspection is not passed, the applicant must attend to all outstanding/unsatisfactory items and book a re-inspection with Council.

KEY NOTIFICATION, INSPECTION AND MAINTENANCE


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REQUIREMENTS Change to

ground level

Works for infrastruct

ure

Landscaping of public open space

The applicant must notify Council of practical completion by booking of inspection.

Applies Applies Applies

A Pre Establishment period inspection must be undertaken with Council officers.

N/A N/A Applies

The applicant must obtain GCCC notification of formal acceptance of start establishment period.

N/A N/A Applies

The applicant must first submit establishment bond and agreement.

The applicant must establish the works for the duration of the Establishment period.

N/A N/A Applies

A Pre On Maintenance period inspection (also known as a practical completion inspection) must be undertaken with Council officers.

Applies

Combined on/off maintenance inspection.

Applies Applies

For assets coming under Council Control the applicant must, prior to those assets being accepted as On Maintenance by Council, submit and have approved all:

1 as constructed data

Applies

Applies

Applies


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and other documentation in accordance with the current Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

2 test results;

3 certifications; and

4 any bonds and agreements required by conditions of approval and/or Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings,

to Council’s satisfaction.

The applicant must obtain GCCC notification letter of formal acceptance of start of On Maintenance period within 4 weeks of the completion of site works.

Applies

Combined GCCC notification on/off maintenance.

Applies Applies

The applicant must maintain the works for the duration of the On Maintenance period.

N/A Applies Applies

The applicant must book a Pre Off Maintenance inspection (also

N/A Applies Applies


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 known as a final defects liability inspection).

A Pre Off Maintenance inspection (also known as a final defects liability inspection) must be undertaken with Council officers.

N/A Applies Applies

The applicant must obtain GCCC notification letter of formal acceptance Off Maintenance within 4 weeks of the due date for Off Maintenance.

N/A Applies Applies

GUIDELINE

This condition is required to certify that all works are being undertaken in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

PETITION

D In relation to issues raised within the petition (Item No. 21 of Council Meeting Minute No. G16.0129.024) in opposition to the Preliminary Approval application, it is recommended that:

1 Council notes that the petition has been addressed within section 14 of the Officer’s planning report. The points raised have been addressed through conditions, amendments to the Code or the reduction in building height and density parameters which occurred as part of the assessment process. It is therefore determined that the grounds presented within the petition have been adequately dealt with through the Officer’s assessment of the application.

2 The petitioner be advised in writing of Council’s decision in this matter and also be provided a copy of this report.

3 No further action to be taken on this matter.

ADVISORY NOTES TO APPLICANT

E 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.


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F 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

State transport infrastructure, coastal management district, public passenger transport and railway

G 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.

H 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.

I 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


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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.

J Infrastructure Charges Infrastructure charges have not been calculated or imposed for this material change of use component, as it is a preliminary approval under s242 of the Sustainable Planning Act 2009. Infrastructure charges will be assessed and charged at the time of subsequent development permit/s for material change of use or building work.

K Attachment 1 – Acceptable Tolerances During the construction phase any works that are not in accordance with the development approval requires amended drawings to be submitted unless within the following specified construction tolerances. 1 Bulk Earthworks

Certification of the approved Engineering Drawings is sufficient provided the works meet the following minimum tolerances and parameters: Earthworks General

Finished Surface Level ±150mm (not to be less than the adopted flood level)

Horizontal Alignment 150mm The Constructed Minimum Crossfall Is not less than 1 in 200 The Finished Surface Level Any variations of ±150mm are

approved by Council

Specific Job Tolerances have been met


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT - APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 2 Batters

Batter Slopes Are not steeper than 1 in 6 in parklands or 1 in 4 in allotment areas

Batter Encroachment Batters must not straddle allotment boundaries or extend into existing or proposed parkland or bushland reserves

Retaining Structures

Vertical Alignment ±150mm Horizontal Alignment 150mm Retaining Structure Encroachment Retaining structures do not straddle

allotment boundaries 3 Roadwork – Council’s Record Tolerance

Deviation from the approved Engineering Drawings shall not exceed: Kerb and Channel

Vertical Alignment Refer to the specified tolerances

Horizontal Alignment Refer to the specified tolerances

The Constructed Minimum Kerb Grading

Is not less than 0.5%

No Ponding occurs Refer to Council’s current Standard Specification SS5

Pavement Vertical Alignment Refer to the specified tolerances Horizontal Alignment Refer to the specified tolerances

The Constructed Minimum Crossfall Shall be as set out in the Land Development Guidelines

4 Stormwater Drainage – Council’s Record Tolerance Deviation from the approved Engineering Drawings shall not exceed: Manholes Location ±1000mm (Refer Note 1)

Surface Level ±50mm (Refer Note 2) Gullies Longitudinal ±1000mm (Refer Note 1)

Lateral Refer Note 3


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Invert Level ±50mm (Refer Note 3, 4)

Pipework

Invert Level ±50mm (Refer Note 4) Alignment ±1000mm (Refer Note 1) Grade Refer Note 4

Property Pits (Inter-allotment), Field Inlets, Headwalls Location ±1000mm (Refer Note 1) Surface Level ±50mm (Refer Note 2)

Notes: 1 Deviation should not result in conflict of interference with any other service

or structure. All services should remain within the approved service corridor.

2 Should match the adjacent finished surface level. 3 Deviation should not affect the levels of existing kerb and channel and

adjacent roadwork. 4 Not less than minimum and not more than maximum grade and/or depth.

Council’s design criteria shall be achieved. 5 Sewerage Reticulation – Council’s Record Tolerance

Deviations from approved design shall not exceed the acceptable tolerances notated in Water Services Association of Australia guidelines, standards, codes or specifications as applicable. Manholes

Location Refer Note 1

Alignment Refer Note 2 Lines

Invert Refer Note 3

Alignment Refer Note 1

Grade Refer Note 3 House Connections

Location Refer Note 1 Invert (Depth) Refer Note 3

End of Line

Location Refer Note 1 Invert Refer Note 3


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Notes: 1 Deviation should not result in conflict with any other service or structure. All

services should remain within the approved service corridors. 2 Refer to Council’s standard drawings for details. 3 Not less than minimum and not more than maximum grade and/or depth.

Council’s design criteria shall be achieved. 6 Water Reticulation – Council’s Record Tolerance

Deviations from approved design shall not exceed the acceptable tolerances notated in Water Services Association of Australia guidelines, standards, codes or specifications as applicable. Fittings Location Refer Note 1

Levels Refer Note 2 Lines

Alignment Refer Note 1

Levels Refer Note 2

Notes: 1 Deviation should not result in conflict or interference with any other service

or structure. All services should remain within the approved service corridors.

2 Levels should be adequate for installation of fittings. Tolerances are only critical if design levels are nominated.

L 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.


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M 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].

N 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.

O Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

P 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.

Author: Authorised by:

Sally Taylor Dyan Currie

Senior Planner Director Planning and Environment

5 July 2016


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4

Committee Recommendation Adopted At Council 26 July 2016

COMMITTEE RECOMMENDATION CP16.0720.007 moved Cr Owen-Jones seconded Cr Vorster That Council resolves as follows:

Real property description Lot 3 on SP180236, Lot 300 and Lot 301 on SP134117 Address of property 74 Riverview Road, 5 Eden Court and 4 - 16 Bowden

Court, Nerang Area of property 23.05ha Decision type • Preliminary Approval pursuant to section 242 of the

Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code (including Apartment, Aged Persons Accommodation, Attached Dwellings and Medium Density Detached Dwellings, Café, Child Care Centre, Commercial Services, Community Care Centre, Convenience Shop, Display Home, Estate Sales Office, Home Occupation, Home Office, Indoor Recreation Facility, Laundromat, Medical Centre, Open Sports Ground, Outdoor Sport and Recreation (Public Golf Course), Private Recreation, Restaurant, Resort Hotel, Shop and Takeaway Food Premises); and


Further development permits Development Permit for making a Material Change of Use, Operational Works (Changes to Ground Level), Operational Works (Advertising Devices), Operational Works (Works for Infrastructure), Operational Works (Landscape Works), Operational Works (Vegetation Clearing) and Reconfiguring a Lot


980 Adopted Report

ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 Further compliance permits Sewerage Works, Water Supply, Fire Services Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council approves the issue of a Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for Material Change of Use to vary the effect of the relevant local planning instrument for the land being developed in accordance with the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval) as the principle code for development assessment.

1 The following variations effect the relevant local planning instrument: a Type of assessment and Level of assessment

The Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval) varies the effect of the relevant local planning instrument by excluding operation of the Guragunbah Local Area Plan and the Nerang Local Area Plan as it applies to the site.

b Codes varying the effect of the local planning instrument: The following code varies the effect of the relevant local planning instrument for future Material Change of Use, Reconfiguring a Lot and Operational Works development applications on the subject site. New Code

Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with the conditions of this approval)

Existing Codes varied by new Code

• Replaces the Guragunbah Local Area Plan in its entirety; • Replaces the Nerang Local Area Plan in its entirety; • Modifies and removes a number of provisions of the following Specific

Development Codes: − Retail and Related Establishments; − Working from Home; − Display Homes and Estate Sales Offices; − Caretaker’s Residence; − Aged Persons Accommodation; − Attached Dwellings and Medium Density Detached Dwellings; − Child Care Centre; − Low Rise Apartment Building; − High Rise Residential and Tourist Accommodation;


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− Landscape Work; − Vegetation Management; and − Changes to Ground Level and Creation of New Waterbodies.

Refer to Attachment A of the Nerang TOD- Apartments at the Villa and Bowden Street Development Code which notates the extent of variation.


The conditions that attach to the preliminary approval are as follows:

APPROVED PLANS/ DRAWINGS 2 Amended Plans/ drawings to be submitted

a Amended plans must be submitted generally in accordance with the below drawings; and

Plan No. Rev. Title Date Prepared by Map 1 E Development Code

Area Plan 18/5/2016 DKJ Projects Architecture

Map 2 D Precincts Plan 20/10/2015 DKJ Projects Architecture Map 3 E Maximum Residential

Density Plan 5/5/2016 DKJ Projects Architecture

Map 4 F Maximum Building Height Plan


Map 5 D Setbacks Plan 20/10/2015 DKJ Projects Architecture A10 G Nerang Site Plan-

Typical Tower Level 13/5/2016 DKJ Projects Architecture

A11 E Nerang Site Plan- Podium Level


A12 F Nerang Site Plan- Basement Level


A13 F Villa Golf Course Master Plan


A15 C Villa Site Sections 13/5/2016 DKJ Projects Architecture A16 C Sun Shading Study 13/5/2016 DKJ Projects Architecture A17 - Section with below

ground parking 23/10/2015 DKJ Projects Architecture

A18 - Section with above ground parking


A20 G Bowden Ground Level- Site Plan


A21 E Bowden Basement Level- Site Plan



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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 A25 C Bowden Site Section 18/5/2016 DKJ Projects Architecture A26 A Sun Shading Study 13/5/2016 DKJ Projects Architecture A31 D Pedestrian Network

Plan 20/10/2015 DKJ Projects Architecture


3/2/2016 Cardno HRP

12012-1 to12012-6

P1 & P2

Nerang TOD Apartments- Conceptual Landscape Intent

16/11/2015 &17/11/2015

Deverson Landscape Design

b An amended Nerang TOD- Apartments at The Villa and Bowden Street Development Code must be submitted generally in accordance with Version 4, June 2016.

c Both 2a and 2b must be submitted to show the following amendments: Plans and drawings i Amend all drawings to include the location of all existing easements. To

ensure the development is not inconsistent with the terms of these easements, all structures and buildings are to be located outside of these areas.

ii Amend the site area figures used for The Villa Site on Map 2 to align with the site area figures used on Map 1. Map 1 shows a total area of 21.66ha (216,612m²) for The Villa Site (Lot 300 and Lot 301), whereas for the same area on Map 2 (using the figures on the legend) has been incorrectly calculated to a total of 22.07ha. Review of survey plan confirms the figures used on Map 1 are correct.

iii Amend Map 4 to show building height allocations that are directly reflective of the building footprints shown on drawing A10.

iv Include an additional note on Map 4 stating that building heights within Precinct 3 (The Villa Communal Open Space) are not to exceed one (1) storey.

v Include an additional note on Map 4 stating that the maximum building heights include the building crown/cap.

vi Include a notation on Map 5 stating: A All buildings, structures (including basements) and earthworks for the

The Villa Residential Precinct and The Villa Communal Open Space Precinct are to be located outside of the minimum setback area;

B All structures and car parking (including any basements) for The Bowden Street Precinct are to be located outside of the minimum setback area; and

C For any structures being established within The Villa Communal Open Space Precinct, development must be setback from the property boundaries the same distance as prescribed for Precinct 1 (e.g. 30 metres from highest astronomical tide to the north and 10 metres from the southern boundary).


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vii Amend drawing A10, A11 and A12 to: A Include notations stating that a maximum of 10 buildings are

permitted. B Be in accordance within the supported setbacks shown on Map 5-

Setbacks Plan; C Include notations on all plans to indicate that all buildings, structures

(including basements) and earthworks are to be outside of this minimum setback area; and

D Show a ten (10) metre setback from Building 9 to the southern boundary shared with Riverbend Park.

viii Amend drawing A15 to show building heights that are consistent with the maximum building heights as per Map 4.

ix Amend drawing A20 to show the following: A Notations which correctly describe building heights. These should be

consistent with the maximum building heights on Map 4. Currently notations allow for car parking on the ground level, with 4 levels of apartments above. This makes for a total of 5 storeys which exceeds the maximum building heights on Map 4.

B Amend drawing A20 to show stormwater detention and bioretention locations as identified within the submitted stormwater management plan.

x Amend drawing A25 to include two (2) additional east-west sections from Bowden Court through Building 2, to Boulton Park and from Bowden Court through Building 6 to Boulton Park.

xi Amend drawing A31 to include additional pedestrian connections that are required by Condition 17.

xii Remove drawings A30, A35, A40 and A41 from the Code and also remove reference to these drawings at the end of the Code in the attachment section.

xiii Show a 30 metre wide buffer on all drawings from highest astronomical tide (HAT), which is comprised of a twenty (20) metre environmental covenant and a ten (10) metre private open space area. All buildings, structures and earthworks are to be outside of this 30 metre buffer area. The buffer area is to continue along the length of Lot 301 on SP134117 and Lot 300 on SP134117.

xiv Update all plans to show the retention of trees identified on Drawing 1, Rev A, Conceptual Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP.

xv A plan demonstrating the reconstruction of the cul-de-sac head on Riverview Road (between Bowden Court and the Villa Site access) achieves a minimum diameter of 20 metres and maintains a minimum pavement width of 11 metres for the travel lanes. Note: Removal of chevron markings will be required to achieve this.

xvi Include a new drawing titled ‘staging plan’ showing the intended sequence of development, including the provision of infrastructure.


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Note: The construction of any stage of development must be in sequence (i.e. in order) of the stages shown of the plan. If multiple stages are proposed, Stage 1 must be approved by Council before, or at the same time as Stage 2, and so on.

xvii An amended Landscape Masterplan must be submitted showing: A The retention of trees as identified on Drawing 1, Rev A, Conceptual

Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP; and B Building height notations that reference the correct heights in

accordance with Map 4. Development Code xviii As four (4) storeys is the maximum height supported on The Bowden

Site, amend the wording associated with figure 1.3 (p.1) to read ‘up to four (4) storeys’, instead of ‘up to six (6) storeys’.

xix In paragraph 2, sentence 2 (p.3) replace the word ‘tall’ with, ‘medium rise and high rise’.

xx Amend DEO 3.1 (p.6), so the first sentence ends after the word ‘Nerang’. The second sentence should then read, ‘This will increase activity around the station precinct generally to make it a safer place to be, particularly at night’.

xxi Amend DEO 3.4 (p.6), to include the term ‘is’ after the term ‘and’ on the second sentence.

xxii Under 5.1.1- Overall Intent (p.8), include ‘of’ after ‘comprising’ on the second sentence.

xxiii Under 5.1.1, paragraph 2 (p.8), remove the terms ‘and recreation’ from the very end of the paragraph. The last sentence should read, ‘and areas of communal open space providing for landscape amenity only. The majority of active recreation areas must be above Q100.’

xxiv Within paragraph 6 (p.9) change ‘building setbacks’ to ‘minimum setbacks’.

xxv Under section 5.1.2, ‘Separation and Individuality’ (p.9), change ‘and’ in the last sentence to ‘that’.

xxvi Under ‘Built Form Elements’ (p.10), remove, ‘with illustrations to demonstrate key concepts’ from the first paragraph.

xxvii On the last paragraph under ‘Built Form Elements’ (p.11), change the first sentence to read, ‘Car parking will be provided at a balanced rate that provides an adequate amount of on-site parking whilst also recognising the objective to encourage public transport patronage on the adjoining rail and bus networks.’

xxviii Under section 5.3, sentence 1 (p.12), add the term ‘of’ after comprises. xxix Within the last sentence of the second paragraph under section 5.3

(p.12), add the term ‘as’ before, ‘approved by Body Corporate and by Council’.

xxx Include references to ‘Table A’ and ‘Table B’ within the Place Code. Page 13 of the Code makes reference to the Place Code being broken up into ‘Table A’ and ‘Table B’, yet this has not occurred.


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xxxi Fix up the terms ‘Low Impact Telecommunications Facility’ ‘Telecommunications Facility n.e.i.’ and ‘Attached Dwellings and Medium Density Detached Dwellings’ throughout all relevant precincts of the Levels of Assessment Tables so these individual terms read as one word. For example, the individual words for ‘Low Impact Telecommunications Facility’ has been split over 4 separate lines.

xxxii Amend the Code Assessable column of Precinct 2 (Bowden Street)- Material Change of Use Table of Development (p.15), so Home Occupation is a standalone Code Assessable use. Currently it has been tied into Building 6.

xxxiii Amend the setback triggers (Self Assessable and Code Assessable) within the Table B Overlay Provisions (p.16), so it reads, ‘minimum setback distances are in accordance with Map 5 of the Nerang TOD Code’ for Self Assessable. For Code assessable amend the trigger to read, ‘minimum setback distances are in accordance with Map 5 of the Nerang TOD Code’.

xxxiv Within ‘Table F: Reconfiguring a Lot’ (p.19), remove the term ‘OR’ after the Precincts 3 and 4 trigger.

xxxv Within the preamble for section 7.3 and 7.4 (p.21), after listing the type of Operational Works, remove reference to the specific definition which is included in brackets.

xxxvi Within the preamble for section 7.5 (p.22), include the term ‘impact assessable’ as well, as there exists triggers within the MCU Overlay Provisions for impact assessable vegetation clearing.

xxxvii Amend PC 3 (p.23), to include ‘must consider’ after the term ‘and’ in the first sentence.

xxxviii Amend the title of PC 4 (p.24) to remove reference to ‘building’ from ‘building setbacks’.

xxxix Amend the AS4 column (p.24), so there are two headings, one for ‘Front, Side and Rear Setbacks’ and a second for ‘Separation between onsite habitable buildings’. For all precincts under ‘Front, Side and Rear Setbacks’ amend the wording so there is no acceptable solution. For ‘Separation between onsite habitable buildings’, include the test which is currently labelled AS4.3 for Precinct 1 and include the test that is labelled AS4.2 for Precinct 2. Make an amendment to AS4.2 to remove, ‘There are two or more buildings located on the same site, and’.

xl Amend PC4 (p.24) and change ‘to’ after ‘Setbacks Plan’, to ‘and must’. xli Amend PC5 (p.24) to remove ‘and’ from the first sentence and change

‘as part of mixed use building’, to ‘as part of a mixed use building’. xlii Amend PC11 (p.27), so the sentence starts with the term ‘Buildings’ and

not ‘Apartment buildings’. xliii Amend the figure 1.3 notation under PC12 (p.28) to read, ‘up to four (4)

storeys’, instead of ‘up to six (6) storeys’. xliv Amend PC15 (p.31) to read, ‘All dwellings must provide private open

space areas that are directly assessable and functional spaces’. xlv Amend the note within AS16.2 (p.28) to read, ‘directly facing means


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within an angle of 45o either horizontally or vertically’. xlvi Remove the current test for PC26 (p.36). Move the criteria currently used

for AS26 to be the new PC26 criteria. Include a statement under the AS, ‘No Acceptable Solution’.

xlvii Make the following changes to ‘Attachment A Specific Development Code Variation’: A Remove PC12/AS12.1 and AS12.2 of the Low Rise Apartment

Building Code from the attachment. B Remove PC4/AS4.1.1 and AS4.1.2 of the High Rise Residential

and Tourist Accommodation Code from the attachment. C Include reference to modifying PC17/AS17.1, AS17.2, AS17.3,

AS17.4, AS17.5 and AS17.6 (Plot Ratio) of the High Rise Residential and Tourist Accommodate Code in the attachment.

d The amended code/ plans/ drawings are to be submitted to Council for approval by the City of Gold Coast prior to the lodgement of any development permit or the commencement of the use (whichever occurs first).

e The amended place code, when approved by the City of Gold Coast, will be the approved place code forming part of this approval and a stamped copy will be returned to the applicant.

GENERAL CONDITIONS 3 Codes and Documents

In addition to those matters identified by the Sustainable Planning Act 2009 as applying to the assessment of an application, the following documents are declared to be Codes applying to the development of the site: a The conditions of this approval; b The Nerang TOD- Apartments at The Villa and Bowden

Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2);

c The supporting drawings and plans made reference to within the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2); and

d The landscape intent plan (drawing 12012-6 to 12012-6, dated 16/11/2015 and 17/11/2015) referenced within the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, Version 4, June 2016 (or any subsequent version approved to comply with Condition 2).


4 Building Height and Density Provisions Development exceeding the building height and/ or the accommodation density provisions prescribed on Map 3-



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Maximum Residential Density and Map 4- Maximum Building Height Plan of the Nerang TOD- Apartments at The Villa and Bowden Street Development Code, fall outside of the parameters for the abovementioned Code and will require assessment against the provisions of the Planning Scheme in effect at the time of lodgement of a development application.

5 Land Use and Explanatory Definitions a Where not specifically defined within the Nerang TOD-

Apartments at The Villa and Bowden Street Development Code, the terms used in this Code are as per the use and explanatory/ administrative definitions contained within Part 4 Chapters 2 and 3 of the Gold Coast Planning Scheme 2003, v1.2, Amended November 2011.

b The Tables of Development must be read in conjunction with the explanations provided within the Gold Coast Planning Scheme 2003, v1.2, Amended November 2011.


PRESCRIBED PERIOD 6 Prescribed period for Preliminary Approval

In accordance with section 343 of the Sustainable Planning Act 2009 a prescribed period of ten (10) years is set for the completion of development under the Preliminary Approval, starting the day the approval takes effect.

Timing

Refer to condition.

7 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 subsequent application relating to or arising from this development approval.


8 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 notification is to be sent to Council’s Development



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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.

9 Lots to be amalgamated Lots 300 and 301 on SP134117 must be amalgamated into one lot. The plan of amalgamation must be registered.

Timing Prior to commencement of the use of the premises for the Villa site.




STAGED DEVELOPMENT 11 Staging

a A staging plan must be submitted and approved by Council, showing the intended sequence of development, including the provision of infrastructure.

b Any subsequent amendments to the sequence of development must be approved by Council.

Timing

a) Prior to the lodgement of any Development Permit. b) At all times.

AMENITY 12 Existing Pontoon

The existing pontoon abutting the Nerang River must be removed.


ACOUSTICS 13 Acoustic report required with future applications

a An acoustic report must be submitted to and approved

Timing In conjunction with any


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mailto:[email protected]




by Council with any future development application for Material Change of Use or Reconfiguring a Lot.

b The report shall include: i The expected impact of noise from the proposed

development on the nearest noise sensitive receivers surrounding/within the proposed development. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

ii Assessment of all noise sources (e.g. loading dock/delivery activities, car park noise, patron noise, amplified music, all mechanical plant and equipment etc.) against the Environmental Protection (Noise) Policy 2008, and any other relevant policies / guidelines.

iii The required control measures to achieve compliance with the applicable criteria and standards.

c 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.

future Material Change of Use or Reconfiguring a Lot application.

14 Waste management plan required with future applications a A Waste Management Plan must be submitted and

approved by Council with any future development Material Change of Use or Reconfiguring a Lot.

b The plan must comply with the requirements of Council’s City Plan Policy- Sold Waste Management and include the information specified in section 2.3 of this Guideline, as detailed below: i Description of the development project, and the

purpose, structure, scope and objectives of the plan;

ii List of references and definitions of any specific terms and acronyms;

iii Details regarding the scale of the development, types of waste streams likely to be generated and estimate of volumes of waste material generated;

iv Detailed information on waste storage; v Detailed information on waste collection /

servicing arrangements; and vi Adequate plans to support the report and



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demonstrate the adequacy of the waste management provisions included in the development.

TRAFFIC 15 Traffic Report

A traffic impact assessment report, prepared by a suitably qualified traffic engineer, must be submitted to and approved by Council, with any future development application for Material Change of Use or Reconfiguring a Lot.


ROADWORKS 16 Roadworks: Upgrade to existing road – Riverview Road

cul-de-sac a As part of the first Development Permit for Material

Change of Use or Reconfiguring a Lot resulting from this approval, the Applicant must: i Re-construct the cul-de-sac head on Riverview

Road (between Bowden Court and the Villa Site access) to achieve a minimum diameter of 20 metres; and

ii Maintain a minimum pavement width of 11 metres for the travel lanes. Note: Removal of chevron markings will be required to achieve this.

iii The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council.


Timing Prior to the commencement of the first stage of development for The Villa site.

17 Footpaths a As part of the first Development Permit for Material

Change of Use or Reconfiguring a Lot resulting from this approval, the Applicant must: i Design and construct concrete footpaths as

follows: A 2.0 m wide path along both sides of the

Riverview Road cul-de-sac (between The Villa site access and Bowden Court/Riverview Road).

B Note: The new pathway on the north-western side of the cul-de-sac should extend and connect to the existing pathway

Timing Prior to the commencement of the first stage of development for The Villa site.


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on Riverview Road (currently terminating at Riverbend Park).

C A new crossing point (via a kerb ramp) should be installed on the corner of Riverview Road and Bowden Court (adjoining Lot 74 GTP3333), and a corresponding kerb ramp located directly opposite, on the south-eastern side of Bowden Court (adjoining Lot 3 SP180236).

ii 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.


18 Road and Pavement Impact Assessment report a The Applicant must demonstrate, by way of technical

data (i.e. subgrade and existing pavement CBR results, confirmation of existing pavement depth and composition of pavement), that the existing pavement of Bowden Court, Paradise Street, Riverview Road and Warrener Street, Nerang meets Council’s current standards, as set out in the City Plan Policy- Land Development Guidelines in respect of the new road classification (i.e. vertical and horizontal geometry, pavement thickness and pavement composition), as specified in part (b) of this condition. The Applicant must provide the following: i RPEQ Report, Road Impact Assessment in

accordance with TMR “Guidelines for assessment of road impact development” 2006.

ii Pavement Impact assessment in accordance with TMR “Guidelines for assessment of road impact development” 2006. This to be completed by a pavement design and rehabilitation RPEQ specialist.

iii Structural Pavement Evaluation of all existing pavement which will be affected by the development using non-destructive testing (Benkelman Beam, Falling Weight Deflectometer or Deflectograph with 40KN) at a maximum of

Timing a) Must be submitted and approved by Council as part of a development permit for Operational Works, Material Change of Use or Reconfiguring a Lot (whichever occurs first) resulting from this approval.

b) As identified by Part a(vi) of this condition.


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20m spacing along all outer wheel paths, FWD drops are to be 600mm away from the kerb and channel. Pavement profiles will also be required and confirmed using either soil testing or Ground Penetration Radar. Adopt TMR pavement rehabilitation and design guidelines in all stages of pavement investigations, rehabilitation and design

iv The RPEQ report needs to evaluate existing pavement performance (including, but not limited to, identifying pavement depth/ classification and pavement life) and the structural impacts as a result of increased traffic loadings from the development. In addition to the increased traffic volumes of the proposed future use the type and volume of construction traffic needs to be quantified for project (eg. Heavy plant/earthmoving equipment movements, earth cut/fill, concrete deliveries, building materials delivery etc.). This to be completed by a pavement design and rehabilitation RPEQ specialist with more than 10 years’ experience in pavement rehabilitation and design.

v Indication of the location of underground services for the proposed development in relation to the existing roads. Note – A visual defect and roughness survey of the affected roads will also be required prior to the commencement of development (a reference zero point) and at the completion of development.

vi Based on the findings of parts (ai)-(av) above, identify where pavements need to be upgraded in respect of the new road classifications (specified in part (b) of this condition) and identify the trigger points (timing) for these upgrades based on dwelling numbers. Note: This assessment must be subject to trip generation rates and distributions as agreed by Council’s Transport Assessment section.

vii If it is identified that road widening is required, resulting in a requirement for land resumption or dedication to achieve the road standards identified in part (b) of this condition, the Applicant must demonstrate how this can be achieved to the satisfaction of the City of Gold Coast and at no cost to Council.


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b As per part a(vi) of this condition, where it is determined that pavements do not meet the relevant standards, the Applicant is required to apply for an Operational Works permit to construct the required roadworks (within three (3) months of completing part a of the condition above) and must commence and complete works within six (6) months of issuing approval for Operational Works. In relation to the above requirements each road (pavement width, depth and composition) must be constructed to the following standards (as per the City Plan Policy- Land Development Guidelines): i Bowden Court- Two Lane Urban Road; ii Riverview Road- Residential Collector-

Designated Bus Route; iii Riverview Road Cul-de-sac-Two Lane Urban

Road; iv Paradise Street- Residential Collector; v Warrener Street (west)- Residential Collector-

Designated Bus Route; and vi Warrener Street (south)- Two Lane Urban Road.

c The City of Gold Coast has the ability to review the report and recommendations and request further information and/or studies if the report has not been completed to the above standards.

d If it cannot be demonstrated to Council’s satisfaction that the existing pavement meets the above standards, the existing pavement must be removed from the road reserve and full pavement width, depth and composition must be constructed to Council’s current standards.

e The land owner must construct all roadworks and upgrades at no cost to Council.


19 Operational work (works for infrastructure) application required The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of roadworks. Approval of plans showing the location of roadworks, are not to be taken as an approval to construct such roadworks.

Timing Prior to undertaking the required works.


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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 ELECTRICAL RETICULATION 20 Electricity supply to MCU developments and private

estates 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 is available to the development site and all proposed 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.



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).


VEGETATION MANAGEMENT 22 Arborist report – tree assessment and tree management

plan a The applicant must submit a Tree Assessment and

Tree Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention as per Drawing 1, Rev A, Conceptual Tree Retention Plan, dated 3/2/16, prepared by Cardno HRP.

b This plan is to be prepared by a qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture.

c All tree management procedures within the report are to be in accordance with the Australian Standard

Timing Prior to the commencement of operational works or building works.


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AS4970 - 2009 Protection of trees on development sites. The Arborist report must contain the following information: i An appraisal of the health and vigour of existing

protected size trees located immediately adjacent to the area of works and nominated for retention, including stage of growth, predicted gross morphology, crown framework and extent of root system.

ii Tree site plan of suitable scale to proposed development layout plans indicating all required Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for the existing protected size trees immediately adjacent to the proposed area of works.

iii Details of all proposed vegetation works (including proposed clearing or retention works) to ensure: A The survival, ongoing health and vigour of

retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.

23 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved bushfire management plan. c Arborist Report - Tree Assessment and Tree

Management Plan for the existing protected size trees located immediately adjacent to the area of works and nominated for retention.


Timing Prior to the commencement of any operational works for vegetation clearing.


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e A fauna management plan. f A sediment and erosion control and construction

management plan. For this condition ‘Protected Vegetation’ is defined as vegetation that is: g equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or


LANDSCAPE WORKS ON PRIVATE LAND 24 Statement of Landscape Intent

a A Statement of Landscape Intent must accompany any development application for material change of use submitted to Council;

b The Statement of Landscape Intent must approved by Council and: i Be prepared by a qualified landscape architect or

similar landscape design professional; ii Comply with City plan Policy- Landscape Work;

and iii Demonstrate regular areas for the planting of

substantial trees along the street frontage of the Bowden Street Precinct.

Timing As indicated in the wording of the condition.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 25 Fencing within development designed to promote casual

surveillance Any fencing that exceeds 1.2m in height and constructed adjacent to pedestrian pathways and/ or communal open space must have permanent visibility through at least 50% of the surface area.



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ITEM 7 (Continued) PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT FOR THE LAND BEING DEVELOPED IN ACCORDANCE WITH THE NERANG TRANSIT ORIENTED DEVELOPMENT- APARTMENTS AT THE VILLA AND BOWDEN STREET DEVELOPMENT CODE AND A PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) - 74 RIVERVIEW ROAD, 5 EDEN COURT, 4 - 16 BOWDEN COURT, NERANG - DIVISION 8 PN237464/13/DA4 WATERWAY SETBACK 26 Waterway Setback

No buildings, structures or earthworks are permitted within the 30 metre buffer to the waterway required by condition 1. This includes both the covenant area and private open space area.


ACID SULFATE SOILS (THE VILLA SITE ONLY) 27 Acid sulfate soil investigation





features. 28 Preparation of acid sulfate soil management plan



Timing To be submitted and approved in conjunction with a development permit for Material Change of Use, Reconfiguring a Lot or Operational Works application (whichever occurs first) and prior to any works commencing onsite (excluding demolition).

COVENANT AREA – PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT (THE VILLA SITE) 29 Covenant Area – prohibited activities

The area described as ‘20 metre wide buffer from Highest Astronomical Tide (HAT) to continue along the length of Lot 301 on SP134117 and Lot 300 on SP134117 ‘covenant area’ on the approved plan required by Condition 30, (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken: a Clearing, lopping or removal of any native plants,

Timing At all times once the environmental covenant has been registered as part of a development permit approval


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whether existing at the date of this approval or planted pursuant to conditions of this approval;

b Erection of any fixtures or improvements, including buildings or structures;

c Construction of any trails or paths; d Depositing of any fill, soil, rock, rubbish, ashes,

garbage, waste or other material foreign to the protected area;

e Keeping or permitting the entry of domestic animals or any other animals that are not indigenous to the Covenant Area; and

f Performance of any other acts which may have detrimental impact on the values of the Covenant Area.

30 Covenant Area management plan A covenant management plan must be prepared, detailing all management measures and monitoring to be undertaken in the Covenant Area for the life of the development and the use of the premises so as to ensure the preservation of the environmental integrity of the Covenant Area. The covenant management plan must include the following information: a Description of the approved development including a

plan showing the location of the covenant areas. b Purpose of the document relating to relevant conditions

of approval. c A description of how the document is to be read,

including the purpose of the covenant area and general requirements at each phase of the development (i.e. developer’s and landowners’ responsibilities as covenantor).

d Detailed descriptions for the covenant areas including: i Topography; ii Waterways, flow paths, gullies; iii Vegetation communities and significant species; iv Fauna habitat and significant species; and v Other significant features.

e Requirements to be fulfilled by the developer (as covenantor) as to the following: i Prohibited and permitted actions during

construction; ii Infrastructure requirements (including essential,

unavoidable services, stormwater etc); iii Rehabilitation, including summaries of

rehabilitation activities (based on the approved Rehabilitation Plan and/or Landscaping Plans) in

Timing To be submitted and approved in conjunction with the Development Permit for Material Change of Use, Reconfiguring a Lot or Operational Works application (whichever occurs first) and prior to any works commencing onsite (excluding demolition).


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accordance with Appendix 1 (Guideline for the preparation of a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1);

iv Maintenance requirements including activities, timeframes and standards to be achieved prior to off-maintenance in accordance with relevant sections of Appendix 1 (Guideline for the preparation of a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1);

v Monitoring details including baseline data/photographs; and

vi Compliance/certification. f Requirements to be fulfilled by landowners (as

covenantors) as to the following: i Purpose of the covenant; ii Prohibited and permitted actions/activities; iii Detailed landowner requirements and

responsibilities; and iv Detailed methods relating to maintenance and

enhancement of the covenant area, including weed removal methods, revegetation methods and species lists, monitoring requirements and useful resources and contacts.

g General information, including: i Duration of requirements / responsibilities; ii Information on who to contact for approvals for

any activities required that are not permitted within the covenant area;

iii Baseline data; and iv Checklists for Council (as the covenantee) to

assess compliance with the covenant (including remedial actions for non-compliance).

h The covenant management plan must include and be consistent with: i The approved management and rehabilitation

plans for the site and the Covenant Area, including any amendments to those plans required by the conditions of this approval;

ii Any stormwater quality management components


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within the Covenant Area; and iii Full details of any approved landscape plans for

the Covenant Area. 31 Covenant Area – approved management plan to be

complied with a The Covenant Area must be managed in accordance

with the approved management plan for the Covenant Area (‘Covenant Management Plan’), for the life of the development and the use of the premises.

b The owner must take all reasonable measures to ensure that any person occupying or undertaking any activities within the Covenant Area complies with the Covenant Management Plan.

c The Covenant Management Plan may be amended with the written agreement of Council but only if the amendment: i Is consistent with the purpose of the covenant

(being the statutory covenant required to be registered pursuant to the conditions of this approval);

ii Does not alter the covenant area; and iii Does not add or remove a party to the covenant.


32 Covenant Area – statutory covenant to be registered An instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area. The following requirements must be complied with in the preparation and lodgement of the instrument of covenant: a The applicant is responsible for the preparation of the

instrument of covenant and any necessary subdivision plan to enable registration of the covenant and for lodgement of the covenant for registration.

b The instrument must be in a form capable of registration pursuant to section 97A(3)(b) of the Land Title Act 1994.

c The Covenant Area must be shown and identified as a ‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’).

d Council’s standard covenant (Dealing number 711772071) must be used and the applicant must provide a draft of the covenant to Council for written approval.

e The parties to the covenant are to be the registered owner of the lot (as covenantor) and the Council (as covenantee).

Timing At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use for the first development permit.


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f The instrument must include a purpose statement that articulates: i That the covenantor acknowledges that the

Covenant Area contains native plants and habitat for native animals that should be preserved;

ii That the covenant is aimed at directly preserving those features; and

iii That to ensure the Covenant Area and its values are preserved, it is critical that activities within the Covenant Area are limited and managed to ensure native plants, animals, their habitat & values are preserved.

g The instrument must expressly set out, in full, as obligations of the covenantor each of the individual requirements set out in all conditions.

h If the instrument is requisitioned or refused registration by the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval.

i The applicant must provide Council with evidence of the registration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Area.

RIVER BANK STABILISATION AND RECOVERY REPORT (THE VILLA SITE ONLY) 33 River Bank Stabilisation and Recovery Report

a The applicant must submit a River Bank Stabilisation and Recovery Report to address issues of bank instability and erosion onsite.

b The geomorphic investigation must include a ‘riverstyles review’ of the upper reach of the Nerang River Estuary upstream from the Ross Street Bridge.

c The report must be prepared by a suitably qualified professional with coastal and estuarine geomorphological qualifications and include the following information: i Identify areas of bank instability/erosion areas

(includes geomorphic investigation); ii Provide recommendations for recovery of bank

instability/erosion areas if appropriate; iii Recommendations are to follow naturalised/soft

engineering outcomes that incorporate the creation of both Riparian Habitat and Aquatic



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Habitat; iv Provide operational works drawings identifying

works required to stabilise areas of the river bank if required;

v Provide specific guidance for revegetation. REHABILITATION MANAGEMENT PLAN (THE VILLA SITE ONLY) 34 Preparation of rehabilitation management plan

A rehabilitation management plan must be prepared in accordance with: a Appendix 1 (Guideline for the preparation of a

Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1); and

b Conditions of this approval. The rehabilitation management plan must contain the following information (as applicable): c Details of proposed rehabilitation works including

proposed species and planting palette. d Planting modules to demonstrate planting densities. e All weeding works required, including a full list of known

weeds on site and how each weed can be adequately managed.

f The required ongoing management/maintenance regimes, including: i Plans indicating maintenance areas/zones; iv Schedules of works including frequency and

tasks; v Allocation of labour and resources to perform

tasks; vi Nomination of key performance indicators/criteria

for monitoring purposes (eg. All revegetation areas minimum 90% weed free, etc);

vii Time allocated to perform various tasks (eg. top up mulch, pruning, topdressing, etc);

viii Defects liability for materials such as replacement of dead plant species of equivalent species and vigour;

ix Coordination of services such as irrigation repair or civil infrastructure maintenance (such as stormwater) that may impact on the landscape establishment and maintenance periods;

x Management of bushfire hazard (only where appropriate);



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xi Management of domestic farm/feral animals (if appropriate);

xii Tree management procedures; xiii Management and maintenance regimes for

sediment and erosion control devices, and irrigation;

xiv Proposed future need for infrastructure, including public facilities; and

xv Management and control of declared plants and recognised environmental weeds.

PUBLIC OPEN SPACE 35 Future dedication of open space at the first development

for MCU a The applicant must dedicate (Precinct 4 of the Nerang

TOD Development Code) to Council the area of public open space listed below, as identified on the plans indicated:


Purpose Description on Plan

Plan Reference

Landscape Amenity Parks

Public Open Space 4090m²

12.2049, revision D, Precincts Plan , dated 20/10/2015

Timing Prior to the commencement of use for the first development permit for Material Change of Use or Reconfiguring a Lot.

HYDRAULICS AND STORMWATER MANAGEMENT 36 No loss of floodplain storage



37 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 and duration of inundation

external to the site that could cause loss or damage except that has been approved in the hydraulic report, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno



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(QLD) Pty Ltd (Job Reference: J12047/R1V1). Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).



39 Building floor levels a Building floor levels of habitable rooms must be at least

300mm above the Council's designated flood level. b Building floor levels of garages and non-habitable

rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level.

c Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level.


40 Flood hazard signage The applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

Timing The flood markers and warning signs must be installed prior to the commencement of the use of the premises.

41 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 comply with the approved hydraulic report, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1), and no loss of flood plain storage has occurred as a result of the earthworks. The certification must be accompanied by calculations and as constructed data that: a Includes existing and proposed triangulated surface

meshes which can be produced by computer terrain

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


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modelling software packages such as Civil-Cad, 12D or KEAYS; and



42 Flood emergency management plan A flood emergency management plan (FEMP) for the Building 1 and Building 2 of The Villa site must be prepared by a suitably qualified natural hazard / risk management expert and submitted to Council for approval. The FEMP must include (but not limited to) the following information: a Identification of flood hazard / risks based on the latest

flood modelling of the Nerang River. b Identification of evacuation route; evacuation

arrangements for occupants during major flood events. c Monitoring by the body corporate of the Bureau of

Meteorology and SES reports in relation to possible Nerang River flooding and/or local catchment flooding, and provision of timely and adequate advice of such reports to all occupants.

d Regular flood management drills (similar to fire drills) for the occupants, which must include awareness education of the hazard and the flood management plan and a roles exercise.

e Detail measures that will ensure no additional burden is created for SES and Council’s emergency services during major flood events.

The approved FEMP must be incorporated into the body corporate by-laws and all works must be carried out by the body corporate or their agent in accordance with the (to be) approved FEMP.

Timing The FEMP must be submitted to Council for approval in conjunction with the lodgement of the future material change of use, reconfiguring a lot or operational work application, whichever occurs first.

43 Stormwater management plan to be amended The submitted stormwater management plan, being “The Villa & Bowden Street, Nerang – Flooding Investigation & Stormwater Management Strategy, Version 1” dated 5 August 2014 prepared by Cardno (QLD) Pty Ltd (Job Reference: J12047/R1V1), must be amended and submitted to Council for approval. The amended plan must address (but not limited to) the following issues: a Compare WBNM hydrologic model against peak flow

rates estimated by Rational Method for all minor and

Timing The amended SWMP must be submitted to Council for approval in conjunction with the lodgement of a development permit for material change of use, reconfiguring a lot or operational work application, whichever


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major events up to and including 100 year ARI storms, and adopt the most conservative estimates of the peak flow rates to design stormwater mitigation measures.

b Include the above comparison within the report in tabular and/or graphical format.

c Demonstrate that the proposed permanent lake water level (1.0 mAHD) is higher than the MHWS water level of Nerang River at the proposed discharge point.

d Include the initial and continuing losses assumed in hydrologic model into the report. To be consistent with Council’s recent hydrologic studies for the City’s catchments, initial loss and continuing loss in the hydrologic model for 10 year ARI and greater storm events are to be 0mm and 0.5mm respectively.

e It appears from the Council’s records (ground level contours, drainage and catchment maps) that a significant area of external catchment (RP1) for Bowden Street site has not been considered in stormwater management of the site. Therefore, include the above areas within the external catchment RP1 for stormwater management purposes.

f Include turbidity within the construction phase water quality performance criteria.

occurs first.

44 Lake water quality management plan The applicant must submit to Council for approval a lake water quality management plan (LWQMP). The plan must: a Demonstrate achievement of:

i The ANZECC Water Quality Guidelines 2000 for the Protection of Aquatic Ecosystems and Recreational Secondary Contact standards;

ii The requirements of the Environmental Protection Act 1994, Environmental Protection Regulation 1998 and the Environmental Protection (Water) Policy 1997; and

iii Acceptable levels of residential amenity. b Include the following information:

i Details of the attributes and design of the proposed lake including the location, size, depth, final form, tidal influences (if any), and the location and configuration of any possible future exchange pipe;

ii The water quality objectives for the proposed lake during both the construction and the operational phases;

iii The water quality objectives for water exiting the

Timing The LWQMP must be submitted to Council for approval in conjunction with the lodgement of a development permit for material change of use, reconfiguring a lot or operational work application (change to ground level), whichever occurs first.


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site during the operational phase; iv How water quality objectives will be met,

evidenced by an operational management plan for the lake and open space/drainage line that addresses water quality, lake and drainage line management and contingency plans for aquatic growth, fish kill response, pollution response and blue-green algal blooms;

v How stratification and eutrophication will be managed;

vi Details of marine plants that may be disturbed during construction of the possible future tidal exchange pipes, should they become necessary;

vii Impact on fisheries resources in Nerang River and the mitigation measures to avoid or minimise such impacts from the construction of the possible future tidal exchange pipes, should they become necessary;

viii The adequacy of proposed stormwater runoff treatment measures to ensure the development does not contribute to existing impacts to the water quality of Nerang River (receiving waters);

ix Adequate mechanisms to restrict limited exchange with Nerang River (receiving waters), should monitoring indicate that lake water quality is unacceptable;

x A monitoring program for lake water quality; xi Details of landscaping of the proposed open

space drainage line; xii Potential impacts to the amenity of future

residents from poor lake water quality (eg. odour, plant growth and biting insects) and how these will be mitigated;

xiii Ongoing maintenance costs; and xiv Delineation for infrastructure and management

responsibilities between Council and the applicant, including in the event water quality criteria are exceeded. The applicant will be responsible for treating the pollutants arising as a result of the development, as well as the existing lake water quality.

45 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

Timing Compliance with (a) and (b) to occur prior to the commencement of the use of the


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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.

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.

premises.


46 Stormwater headwalls, outlets and associated flow paths and channels a All stormwater headwalls/outlets and associated flow

paths and channels must be: i Treated in a manner appropriate to their

proposed landscaped surrounds; and ii Constructed in accordance with City Plan Policy

Land Development Guidelines to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/revegetated as appropriate.

b The aprons in front of stormwater headwalls must be constructed to ensure no under-scouring can occur.

c The areas of cut surrounding the headwalls must be sufficiently stabilised to the satisfaction of the City of Gold Coast to ensure that no erosion or destabilisation occurs.

d All naturalised channels conveying or directing any stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.


47 Certification that stormwater management system implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management system 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.

EROSION AND SEDIMENT CONTROL 48 Preparation of erosion and sediment control plan

An Erosion and Sediment Control Plan (ESCP) must be prepared in accordance with the Council’s Planning Scheme’s Sediment and Erosion Control Constraint Codes and the Best Practice Erosion & Sediment Control (IECA

Timing The ESCP must be submitted to Council for approval in conjunction with the lodgement of a


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Australasia, November 2008), and submitted to Council for approval. The plan must: a Ensure that all reasonable and practicable measures

are implemented to minimise short and long-term erosion and adverse effects of sediment transport;






development permit for material change of use, reconfiguring a lot or operational work (inclusive of change to ground level, works for infrastructure) application whichever occurs first.

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

designed, implemented and maintained in accordance with the approved Erosion and Sediment Control management Plan and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).



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



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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


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,



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


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objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

50 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).







51 Erosion and sediment control for works within waterways a All works within waterways (including riparian areas)

must be: i Undertaken during dry weather; ii Promptly rehabilitated conforming to the natural

channel form, substrates and riparian vegetation as far as possible; and





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719 CITY PLANNING COMMITTEE MEETING 20 JULY 2016 … · 2019. 6. 23. · line basement line of...

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