of the City Planning Committee Meeting · 2019-06-23 · ADOPTION BY COUNCIL 26 JULY 2016 ....

719 Adopted Report

of the

City Planning Committee Meeting

held

Wednesday 20 July 2016

at

9am

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

Index Adopted Report of 719

City Planning Committee Meeting Wednesday 20 July 2016 at 9am

Item Direct

Div: File Page Subject

City Development Branch Closed Session

P&E Confidential Briefing by City Solicitor Open Session

1#

P&E 5

PN182794/01/DA3 6 Development Permit (Code Assessment) For Material Change Of Use For Extensions To An Existing Wholesale Nursery - Lot 152 On WD15 - 604 Guanaba Creek Road, Guanaba – Division 5

2

P&E 11

PN203464/01/DA1 67 Development Permit For A Material Change Of Use (Impact Assessable) To Establish Apartments (15 Units), Office And Take-Away Food Premises - Lot 1 On RP906995 - 36 - 38 Commerce Drive, Robina - Division 11

3

P&E 1

PN183001/01/DA11 197 Development Permit For Material Change Of Use (Impact Assessment) For Outdoor Sport And Recreation – Lot 1 On WD3475 - 484 Pimpama Jacobs Well Road, Pimpama - Division 1

4

P&E 10

PN76376/01/DA2 232 Development Permit For Material Change Of Use (Code Assessment) For Multiple Dwellings - Lot 1 On BUP2043, Lot 2 On BUP2043, Lot 3 On BUP2043, Lot 4 On BUP2043, Lot 5 On BUP2043, Lot 8 On B83824 -12 – 14 Philip Avenue Broadbeach – Division 10

5

P&E 13

PN20115/01/DA1 397 Development Permit For A Material Change Of Use (Code Assessment) For Proposed Multiple Dwellings - Lot 1 On RP116507, Lot 190 On RP91634, Lot 201 on RP93659, Lot 23 on RP65819, Lot 4 on RP97035, Lot 11 on SP260587 – 1488 - 1496 Gold Coast Highway Palm Beach Division 13

6

P&E 7

PN71344/01/DA1 638 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

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

2 Adopted Report

Item Direct Div: File Page Subject

City Development Branch 7

P&E 8

PN237464/13/DA4 772 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

City Planning Branch 8# P&E PD98/1132/08/01 1217 City Plan Regulation of Small Scale

Tourist Accommodation 9# P&E PD98/1132/08/01 1228 City Plan – Review of Land Within The

Emerging Community Zone Without A Supporting Conceptual Land Use Plan

Closed Session 10 P&E PD113/1303(P1) 1250 Update of the Flood Overlay Map City

Plan Major Update 1 Open Session

#Officer’s Recommendation changed by Committee

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


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ADOPTION BY COUNCIL 26 JULY 2016 RESOLUTION G16.0726.020 moved Cr Caldwell seconded Cr Gates That the Report of the City Planning Committee’s Recommendations of Wednesday, 20 July 2016, numbered CP16.0720.001 to CP16.0720.010, be adopted with the exception of:- Recommendation Numbers CP16.0720.002

CP16.0720.005 CP16.0720.007 and CP16.0720.009 which were specifically resolved.

CARRIED

ATTENDANCE Cr C M Caldwell Chairperson Cr D Gates Cr W M A Owen-Jones Cr P J Young Cr G Baildon AM (left meeting at 10.56am) Cr P A Taylor (left meeting at 10.56am, returned at 11.35am and left at 1.11pm) Cr H Vorster (left meeting at 12.10pm and returned at 12.24pm) Cr G O'Neill Cr R La Castra (Visitor) Cr G M Tozer (Visitor) Cr P C Young (Visitor) Cr D I McDonald (Visitor) Mrs D Currie Director Planning & Environment Ms A Swain Manager City Development Ms K Mahoney Manager City Planning Mrs Z Meha Manager Business Support Meeting adjourned at 10.56am and reconvened at 11.09am APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Nil


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CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Caldwell seconded Cr Gates That the Committee move into Closed Session pursuant to Section 275(1) of the Local Government Regulation 2012 for a confidential briefing by the City Solicitor, for the reason that it is a legal matter. CARRIED PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Vorster That the Committee move into Open Session. CARRIED


5 Adopted Report

ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 Refer 15 page attachment

1 OVERVIEW

Site address 604 Guanaba Creek Road, Guanaba Application description

Development Permit for Material Change of Use (Code Assessment) for Extensions to an Existing Wholesale Nursery.

Decision due date 29 July 2016

Proposal

The applicant seeks to establish additions to the existing Wholesale Nursery, commonly known as Harts Nursery that is currently operating from the subject site. The proposal comprises of the following: • Three (3) existing established propagation sheds requiring approval;

and • Four (4) new buildings including two (2) propagation sheds,

administration building and amenities building.

Main Issues/Resolution

Issue Resolution

Setback from minor watercourse and currently inside the mapped vegetation management area and within the landscape and environment precinct.

The proposed location of the propagation shed (building #7), along the western property boundary, adjacent to the dam, appears to be encroaching on the landscape and environment precinct, mapped vegetation and a minor watercourse. Council officers are recommending the applicant provide amended plans demonstrating a minimum buffer of thirty (30) metres between the propagation shed and the minor watercourse. This will also result in the shed being located outside of the landscape and environmental precinct and mapped vegetation.

Concerns raised by surrounding residents

Whilst this is a Code Assessable application and public notification of the development application is not required, the Divisional Councillor has received concerns raised by surrounding residents. The concerns raised primarily revolve around the following points:

• Water harvesting and use; • Water quality; and • Heavy vehicles operating at high speed on narrow rural roads.

These points have been addressed within section 8.3 of this report. Where appropriate, conditions have been attached to the officer’s recommendation to address some of the concerns raised.

Referral agencies Not applicable. Officer's recommendation

Approval


6 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 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 the State Planning Policy 7.3 Assessment against the State Planning Regulatory Provisions 7.4 Assessment of development infrastructure requirements

8 CONSULTATION 8.1 Internal Referrals 8.2 External Referrals 8.3 Public Notification

9 CONCLUSION 10 NOTIFICATIONS 11 RECOMMENDATION 2 EXECUTIVE SUMMARY

The site is located within the Rural Landscape and Environment Precinct of the Rural Zone where the proposed land use of ‘Wholesale Nursery’ triggers Code Assessment as per Part 5.5.20(1) Tables of Assessment for the Rural zone.

The proposed development has been assessed against the relevant Performance Outcomes listed within the Rural Landscape and Environment Precinct of the Rural Zone and all applicable development and overlay codes of the Gold Coast City Plan.

The proposal is considered to be appropriate for the site, complying with the intent of the aforementioned codes of the Gold Coast City Plan.

After a detailed assessment, the application is recommended for approval subject to conditions.


7 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 3 APPLICATION INFORMATION

Real property description Lot 152 on WD15 Applicant Harts Nursery Pty Ltd Owner at time of lodgement Kerrie John Hart & Denise Margaret Hart Current owner Kerrie John Hart & Denise Margaret Hart Site area 299,470m2 Date application received 6 April 2016 Date entered decision 27 May 2016 Zone Rural Zone Zone precinct (if applicable) Rural Landscape and Environment Precinct Decision type Development Permit for Material Change of Use (Code

Assessment) for a Wholesale Nursery.

4 BACKGROUND

The Harts Nursery commenced operations in 2009. Under the superseded planning scheme ‘Our Living City’ Gold Coast Planning Scheme 2003 the use was defined ‘Agriculture’.

The subject site was located within the Rural Domain and pursuant to the Table of Development A: Material Change of Use (MCU), the land use was listed as ‘exempt’ development. As such, exempt development does not require a MCU development application to be lodged with Council for assessment.

Although an MCU development application was not required, the applicant was still required to secure any necessary operational works and/or building work approvals.

An Operational Works (OPW) (OPW2901407) was approved on 27 October 2009 for ‘Changes to Ground level’ (bulk earthworks) and ‘tree clearing’ to create a number of building pads and access ways for the construction of propagation/nursery sheds. The OPW has been subsequently amended and the currency period extended.

Building works approvals have been issued for a number of agricultural and propagation buildings including building numbers 1, 2, 3, 8, 9, 10, 11 and a Dwelling House, as identified on Figure 1 below.

5 PROPOSAL

Harts Nursery involves the propagation of plants to large nursery and hardware chain stores. The proposal is seeking to regularise propagation sheds, establish additional propagation sheds, administration building and an amenities building.

Several buildings have been constructed however these buildings were not completed prior to the implementation of the City Plan. These buildings include building numbers 4, 5 and 6 as identified on Figure 1 below. The buildings combined provide a total area of 4,400m2.

In addition, it is proposed to construct further propagation sheds and ancillary buildings identified as building numbers 7, 12, 13 and 14 on Figure 1 below. The additional area of these buildings totals 2,653.5m2.


8 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3

Established buildings requiring approval

Proposed new buildings Figure 1: Site plan.

All proposed buildings, other than the administration building (#13) and building #7 (propagation shed) are located on existing approved building pad areas and do not require earthworks or result in disturbance to vegetation.

All established and proposed buildings are single storey with a maximum building height not exceeding 4.7 metres. The proposed development provides a total site coverage of 7.4%.

The proposed development will utilise an existing vehicular crossing, access and onsite car parking arrangements (informal parking), which can accommodate fifteen (15) vehicles.

Harts Nursery operates with a total number of twelve (12) staff. The nursery does not sell directly to the public and only wholesales products to large retailers.

The development will utilise existing waste management arrangements.


9 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 6 SITE & ENVIRONMENT

6.1 Characteristics of site

The subject site is currently improved by the existing Harts Nursery.

The subject site is a single lot, comprising five (5) separate land parcels separated by designated road and creek corridors.

The site has a frontage to both Guanaba Creek Road and Hollindale Road with a portion of both roads running through the site being unformed rural roads. Guanaba Creek Road is the sites primary frontage with a total frontage of approximately 995 metres.

Figure 2: Subject site.

The subject site is irregular in shape and contains undulating topography, accommodating a minor ridge formation aligned with Guanaba Creek Road, falling south to Guanaba Creek.

The site contains a number of minor watercourses and gullies and is predominantly vegetated to the south of Guanaba Creek Road, containing remnant native vegetation extending to the creek frontage.

The site contains two (2) registered bores located along the existing access roads, which are able to pump 2,000 to 3,000 litres per hour.


10 Adopted Report


Figure 3: Bore locations.

The site is connected to electricity, telecommunications and stormwater services. The site is not encumbered by any easements.

6.2 Characteristics of surrounding environment

The subject site is situated in an established rural area. Land uses within the area are predominantly rural residential with a number of properties featuring rural activities.

Lots immediately north of the subject site are large rural parcels improved by single detached dwellings with similar lots to the east.

The southern boundary of the site adjoins Guanaba Creek with the site to the west being used for pastoral purposes.

Guanaba Creek Road effectively terminates at the property boundary, continuing as an unformed road. Hollindale Road is also unformed for the portion that transects the subject site.


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Figure 4: Surrounding environment.

7 PLANNING ASSESSMENT

7.1 Assessment against City Plan

The proposed development, which seeks to establish additions to an existing Wholesale Nursery, triggers code assessment pursuant to the table of assessment identified in the City Plan.

The definition of the land-use proposed is as follows:

“Premises used for the sale of plants, but not to the general public, where the plants are grown on or adjacent to the site. The use may include sale of gardening materials where these are ancillary to the primary use.”

7.1.1 Assessment against the Strategic Framework

The proposed development complies with the purpose and Overall Outcomes outlined within the Rural zone code and other applicable codes, therefore is considered to align with the intent, themes and outcomes of the strategic framework. A detailed assessment against the Strategic Framework is not required in this instance.

7.1.2 Assessment against the relevant zone code

The subject site is located in the Rural landscape and environment precinct of the Rural zone.


12 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 The purpose of the Rural zone is as follows:

(1) The purpose of the Rural zone code is to: (a) provide for rural uses including Cropping, Intensive horticulture,

Intensive animal husbandry, Animal keeping and other primary production activities;

(b) provide opportunities for non-rural uses that are compatible with agriculture, matters of environmental significance, and landscape character of the rural area where the uses do not compromise the long-term use of the land for rural purposes; and

(c) protect or manage significant natural resources, and processes to maintain the capacity for primary production.

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

i. include a range of sustainable rural production pursuits such as Animal husbandry, Cropping, Animal keeping, Intensive animal industry, Intensive horticulture and wine production;

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

iii. may include a range of compatible non-rural activities where they provide goods and services that directly support the rural community and do not conflict with the landscape character, rural amenity and the long-term use of the land, or adjoining land for rural production pursuits. These include Agricultural supplies store, Bulk landscape supplies, Rural industry, Wholesale nurseries, Food and drink outlets, Garden centres, Shops and Environmental facilities;

iv. do not interfere, encroach or impact on the city’s sugar cane growing, particularly in the Woongoolba/Norwell areas and the Rocky Point Sugar Mill; and

v. that do not directly relate to rural production may be considered where they do not conflict with landscape character, rural amenity and the use of the land, or adjoining land for rural production pursuits. These include activities such as Markets, Veterinary services, Community care centres, Crematoriums, Places of worship, Renewable energy facilities, Research and technology industry, Nature-based tourism, Outdoor sports and recreation, Transport depots, Clubs, Function facilities, Tourist attractions, Tourist parks, Major electricity infrastructure, Telecommunications facilities and Utility installations.

(b) Character consists of – i. large expanses of workable open land, framed by vegetation and

watercourses, which is sparsely populated with low-rise, very-low intensity dwellings and rural buildings.

(c) Built form – i. is low rise, with the exception of farming infrastructure, to reduce the

visual impact on the rural character; ii. is of a very low density and supports the rural activity on the site; iii. is setback to provide an appropriate level of privacy that is expected in

a rural setting; and


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iv. is carefully sited to ensure buildings and buildings are integrated into rural landscapes.

(d) Lot design – i. prevents fragmentation of productive rural land and matters of

environmental significance. (e) Variations in the zone are –

i. Rural landscape and environment precinct. (3) The purpose of the Rural landscape and environment precinct will be achieved

through the following overall outcome: (a) Land uses do not impact on the matters of environmental significance,

landscape and scenic amenity values of the land. (b) Natural landscape and matters of environmental significance are protected

and conserved to assist in maintaining a green frame to the city’s urban area, particularly on the Hinterland ranges and foothills, which contribute to the city’s distinct form, visual attractiveness and role as a major tourist destination.

The proposed development is considered to achieve the purpose of the Rural zone code through demonstrated compliance with the overall outcomes, detailed as follows:

Land uses

The proposed use is considered a listed rural activity. The proposed development seeks to establish additional buildings to the existing Harts Nursery, which preserves the current rural landscape of the area through its siting on existing cleared pads and the retention of existing vegetation within the site.

Character

The desired character for the area has been set out by the parameters of the City Plan, seeking very-low intensity dwellings and rural buildings. The establishment of additional propagation sheds on the subject site, which will be located primarily around the existing buildings, will not compromise the rural character of the area through similar design and scale to the existing buildings onsite.

Built form

The proposed development is compliant with built form provisions, as it complies with the acceptable outcomes for building setbacks, location, site cover and height outlined in the zone code. The proposed propagation sheds and ancillary buildings are well setback from the property boundaries and retain a very low site cover on the subject site, totalling 7.4% (including existing buildings onsite).

Rural landscape and environment precinct

The proposal complies with the overall outcomes for the Rural zone by supporting rural primary production activities whilst ensuring that the development does not impact on the matters of environmental significance, landscape and scenic amenity values of the land.

Therefore, it is considered that the proposed additions to Harts Nursery comply with the purpose and overall outcomes of the Rural zone code. Compliance with the relevant zone code

The proposal complies with all of the development codes acceptable outcomes, except as follows:


14 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 Amenity

Performance Outcome Acceptable Outcome

PO4

Building are integrated within the landscape and do not appear as a prominent feature.

AO4

Buildings and structures do not protrude above ridgelines when viewed from any street.

Officer’s Comments

All buildings are located on the lower slopes of the minor valley to not be prominently visible from neighbouring sites.

The site currently operates as a wholesale nursery where all but one (1) of the proposed buildings are located within close proximity to the existing buildings onsite to reduce the combined visual impact of the nursery. Overall, Council Officers are satisfied the proposal complies with the Performance Outcome PO4 of the Rural zone code.

7.1.3 Assessment against the relevant overlay codes

The proposed development is required to be assessed against the following overlay codes: Bushfire Hazard Overlay Code Environmental Significance Overlay Code Landslide Hazard Overlay Code

Bushfire Hazard Overlay Code

The purpose of the Bushfire Hazard Overlay Code is to: “The Bushfire hazard overlay constrains areas of land identified as very high, high or medium bushfire hazard and potential impact buffers. It applies, at a minimum, to development that:

(a) increases the number of people living and working in the bushfire hazard area, except where the premises are occupied on a short term or intermittent basis; or

(b) involves uses where evacuating people may be difficult; or (c) involves the manufacture or storage of hazardous materials in bulk”.

The application complies with the purpose and the Overall outcomes of the Bushfire Assessment Overlay code. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code. Environmental Significance Overlay Code

The purpose of the Environmental Significance Overlay Code is to: “Identify and protect matters of environmental significance and ensure that development is consistent with, and contributes to, the achievement of the objectives of the Nature Conservation Strategy”.


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PO5

Buffers are provided to wetlands and watercourses identified on the Environmental significance – wetlands and watercourse overlay map to ensure the:

(a) protection of matters of environmental significance mapped onsite or identified through an ecological site assessment;

(b) unimpeded movement of fauna along the watercourse;

(c) water quality is maintained;

(d) bank stability; and

(e) protection of property and infrastructure.

AO5.5 Buffers at least 30m wide are provided between the development and the outer bank of a watercourse as identified on the Environmental significance – wetlands and watercourse overlay map.

Officer’s comments

Council officers are recommending the applicant provide amended plans demonstrating a minimum buffer of thirty (30) metres between the propagation shed and a minor watercourse. This will also result in the shed being located outside of the landscape and environmental precinct and mapped vegetation. Overall, Council Officers are satisfied the proposal will comply with the Performance Outcome PO5 of the Environmental Significance Overlay code. Landslide Hazard Overlay Code The purpose of the Landslide Hazard Overlay Code is to:

“Regulate development which occurs on land or part of any land containing steep slopes or unstable slopes”.

The application complies with the purpose and the Overall outcomes of the Landslide Hazard Overlay code. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code. 7.1.4 Assessment against the relevant development codes

The proposed development is required to be assessed against the following development codes: General Development Provisions Code Healthy Waters Code On-site Sewerage Facilities Code Solid Waste Management Code Transport Code


16 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 General Development Provisions Code

The purpose of the General Development Provisions Code is to: “Provide a consistent approach to city wide issues and avoid duplication of regulation throughout the City Plan”.

The application complies with the purpose and the Overall outcomes of the General Development Provisions Code.

Healthy Waters Code The purpose of the Healthy Waters Code is to:

“Protect the quality of the city’s waters from the impacts of development”.

The application complies with the purpose and the Overall outcomes of the Healthy Waters code. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance in relation to protection of natural ecosystems and water quality and reducing runoff and peak flows. On-site Sewerage Facilities Code

The purpose of the On-site Sewerage Code is to: “Ensure that on-site sewerage facilities do not cause any environmental harm or health risk”.

The application complies with the purpose and the Overall outcomes of the On-site Sewerage Facilities Code.

Solid Waste Management Code

The purpose of the Solid Waste Management Code is to: “Ensure development provides appropriate solid waste and recycling storage and servicing facilities”.

The application complies with the purpose and the Overall outcomes of the Solid Waste Management Code.

Transport Code The purpose of the Transport Code is to:

“The purpose of the Transport code is to ensure transport needs associated with the development of land are met”.



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Car parking provision


PO1

Development provides off-street car parking to accommodate for the parking demand.

AO1 Off- street car parking spaces are provided in accordance with the identified relevant table as follows:

Location Off-street car parking rate

All zones except: (a) Centre zone; (b) High density residential

zone (where located in the Transport hub area in Figure 9.4.13-1); or

(c) Special purposes zone – Special development area precinct – Southport Priority Development Area

Table 9.4.13-3


The proposed extension to the existing Wholesale Nursery is required to provide an additional 50 car parking spaces. The proposed Wholesale Nursery will be operating with a total of twelve (12) staff. The nursery does not sell directly to the public and only provides stock for large retailers and therefore a limited amount of customers will be visiting onsite. Therefore, the fifteen (15) car parking spaces provided onsite are considered appropriate to accommodate for the parking demand of the Wholesale Nursery. As such, Council Officers are satisfied the proposal complies with the Performance Outcome PO1 of the Transport code. Provision of service vehicles

Performance Outcome Comments

PO5

Development accommodates for the required design service vehicle, including waste collection vehicles to service the development.

PO6

Development is designed to ensure:

(a) That areas are provided for loading

AO5 Development is designed to cater for largest service vehicle in accordance with Table 9.4.13-9: Minimum class of service vehicle. AO6.1 Development is designed to provide for the design service vehicle in accordance with Table 9.4.13-8: Service vehicle requirements.


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and unloading of service vehicles;

(b) That loading operations are contained wholly within the site; and

(c) That pathways from service areas to tenancies are an appropriate width to allow for pallets and trolleys to manoeuvre without conflicting with doors, gates or landscaping.


The applicant is proposing to utilise the existing access and loading arrangements provided for the current operations of the Harts Nursery. The site provides for a truck turn around area in front of the packing shed (Building 11). This area services a hardstand loading bay and is capable of accommodating an articulated vehicle. As such, Council Officers are satisfied the proposal complies with the Performance Outcome PO5 and PO6 of the Transport code. 7.2 Assessment against the State Planning Policy

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 Gold Coast City Plan. No specific provisions of the SPP affect Council’s assessment of the proposed development.

7.3 Assessment against the State Planning Regulatory Provisions

The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion.

7.4 Assessment of development infrastructure requirements

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


19 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 8 CONSULTATION

8.1 Internal Referrals

The application was referred to the following internal City specialists:

Transport Assessment

Subdivision Engineering

Plumbing and Drainage

Environmental Assessment

Hydraulics Engineering

Bushfire Assessment

Arborist

Geotechnical Engineering

Their assessment of the application forms part of this report. The table below identifies the relevant comments and conditions provided from the applicable Internal Referrals which have been included the Officer’s Recommendation:


Relevant Comments

Car Parking

The applicant is proposing to comply with PO1 of the Transport Code. The proposed Wholesale Nursery will be operating with a total of 12 staff. The applicant confirms that the site can accommodate a minimum of 12 car parking spaces for staff. Compliance with PO1 is deemed to be achieved.

Provision of Service Vehicles

The applicant is proposing to comply with PO5 and PO6 of the Transport Code. A truck turn around area is already in place at the front of the packing shed (Building 11). This area services a hardstand loading bay and is capable of accommodating an articulated vehicle. Transport Assessment accepts the existing access and loading arrangements. Compliance with PO5 and PO6 is deemed to be achieved.

Applicable Conditions

• Off-street car parking area; and

• Loading and unloading.


Relevant Comments

Not applicable.


• Provision of telecommunication to the development.


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Relevant Comments

Not applicable.


Requirements for the applicant to obtain Compliance permits relating to: • On-site sewerage works;

• Water supply plumbing work; and

• Report from registered soil evaluator to be submitted.


Relevant Comments

The applicant is seeking extensions to an existing nursery located within the rural zone of Guanaba. The subject site contains the rural landscape and environment precinct, is within a biodiversity area, being the hinterland core habitat system and contains matters of environmental significance. Vegetation remaining on site mainly consists of general priority, with some regulated / state priority vegetation. High priority vegetation is shown as existing on the western adjacent site, along the waterway corridor which continues to traverse the subject site. Existing vegetation is mapped as providing koala habitat and habitat for state significant species. A constructed dam also exists on site.

Proposed building extensions include an administration building, amenities building and 2 propagation sheds. The majority of these buildings are located outside of existing/mapped vegetation on site, however may result in the loss of one or two stand-alone canopy trees. Environmental Planning are concerned with the propagation shed, proposed along the western property boundary, adjacent to the dam. It appears to be encroaching on the landscape and environment precinct, mapped vegetation and a minor watercourse.

The City Plan’s Strategic Framework and Environmental Significance Overlay Code state that all matters of environmental significance within biodiversity areas should be protected in situ. Minor watercourses should also be provided a minimum 30 metre buffer. Environmental Planning will therefore be conditioning that the proposed location for the propagation shed is amended to provide a minimum buffer of 30 metres to the minor watercourse existing to its south. This should also result in the propagation shed being located outside of the landscape and environment precinct and mapped vegetation.


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• Amended plan to be submitted showing the following amendments: a The proposed location of the propagation shed, along

the western property boundary should be amended to provide a minimum buffer of thirty (30) metres to the minor watercourse existing to its south. This should also result in the propagation shed being located outside of the vegetation management area and the landscape and environment precinct.

Hydraulics and Water Quality

Relevant Comments

Not applicable.


• No worsening of hydraulic conditions;

• Alteration of overland flow path; and

• Erosion and sediment control.

Bushfire Management Relevant Comments

No proposed buildings are ‘habitable’ dwellings. The existing driveway provides adequate safety for workers to exit the site in an emergency situation.

Applicable conditions

No conditions required.

Arborist Relevant Comments

No protected size vegetation will be impacted by the proposed development.

Applicable conditions

No conditions required.


Relevant Comments The submitted report provides site classification based on relevant Australian Standard AS2870. The report does not provide any landslide risk assessment or certification from an RPEQ confirming that the proposed administration building site will achieve a landslide risk rating of ‘Low’ or better and the site is suitable for the proposed development, as was requested in Council’s Information Request. Applicable conditions

• Geotechnical certification of low landslide risk for the site.


22 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 8.2 External Referrals

8.2.1 Concurrence agencies

Not applicable.

8.2.2 Advice agencies

Not applicable.

8.3 Public Notification

Whilst this is a Code Assessable application and public notification of the development application is not required, the Divisional Councillor has received concerns raised by residents within the surrounding area of Harts Nursery. The concerns raised primarily revolve around the following points:

• Water harvesting and use;

• Water Quality; and

• Heavy vehicle operating at high speed on narrow rural roads.

The table below outlines the concerns raised by the surrounding residents followed by officer’s response to each concern.

Concerns raised Response to concerns

Water harvesting and use

(1) What is the State Governments interest in the land and watercourse? I am aware officers have recently sought advice from the State and have been advised there is ‘no interest’. What are the details of the State’s response? Can we push for a re-assessment from the State, given that water is being drawn from a recognised watercourse, where a dam is constructed across a recognised watercourse, and where bores permit extraction of water from the water table?

(2) What is the capacity of the primary dam?

(3) What is the annual flowrate of the watercourse upstream of the dam? What is the flowrate downstream of the development?

(4) What is the location of the ‘water hole’ – is this within the property boundary? Is this within the watercourse? Is it relevant that this feature remain?

(1) The State Governments only interest in the land is for a registration licence for the two (2) existing bores onsite. The State’s response confirmed the two (2) bores registration, location and validation to extract water.

The applicant states that an existing dam is used solely for water use by the nursery, and that the two (2) bores are not currently used for operational purposes.

The location of the dam is sufficiently separated from the location of the two (2) bores and there is no nexus between the extraction of water from the dam and the potential extraction of water from the bores.

Council Officers will be recommending a condition prohibiting the extraction of water from the bores for operational purposes of the nursery.

(2) The capacity of the dam is 14.26 mega-litres.


23 Adopted Report


(3) Council officers do not have access to that level of data. However, Council officers are in a position to confirm that the dam does not appear to have a major impact upon this natural phenomenon. Guanaba Creek (south of the site) appears to run through the site onto the adjoining properties, where after a heavy rainfall event water passes through the site and continues onto the neighbouring properties.

(4) The existing dam is located along the western property boundary of the site. A minor watercourse passes through the dam. Council Officers will be recommending a condition requiring the applicant to relocate the proposed building #7 outside of a 30 metre buffer zone from the minor watercourse to ensure protection of the natural ecosystem.

Yes the dam is to remain as it provides the only water source for the nursery’s operations.

Water quality

(1) Is water taken from the water hole authorised? By which agency? What are the conditions?

(2) In relation to the registration licences for the bores, are there water extraction limits? Are you aware of how these are measured? Are records retained?

(3) Has a water quality analysis been conducted at all since the use has been operating for any run-off residues into the watercourse?

(4) Is there a facility which exist onsite for the treatment of water discharged from the operations?

(5) What controls exist for the depositing of ‘waste’ material on the site?

(6) What is the purpose of the ‘silt dam’

(1) There are two (2) bores onsite which are registered with the Department of Natural Resources and the Mines. Please refer to item (2) below for condition/licensing requirements.

(2) Lot 152 on WD15 is included under the Water Resource (Gold Coast) Plan 2006, which does not manage subartesian water (section 8(b)). The subject site is not identified as a declared subartesian area under section 1046 of the Water Act 2000 and for this reason there are no licensing requirements.

(3) There is no irrigation run off which leaves the nursery site and enters any watercourse. Any runoff, which is minimal, from the nursery’s growing areas is captured in the silt dam located on site. Further to this, Council Officers will be recommending that


24 Adopted Report


and what happen to the ‘silt’ and is this protected from unplanned discharge in storm events?

prior to the issuing of a building approval the applicant shall provide a Water Quality Management Plan that clearly demonstrates that no adverse impact on external properties from the discharge of water resulting from the site’s operations.

(4) No water is discharged from the nurseries operations. The operations are fully self-contained.

(5) All plant material and waste soil is composted and re-used. Harts Nursery is contracted with JJ Richards for pick up and removal of waste.

(6) The silt dam was constructed during the initial operational works (changes to ground level) application, for the purposes of collecting any silt run off during the construction period. Due to the existing building and drainage in this area, the silt dam has been cleaned out twice and silt is no longer an issue. The silt dam is now used for the collection of the minimal run off from the nursery’s growing areas.

Heavy vehicle operating at high speed on narrow rural roads

(1) What controls exist for the movement of large prime movers and trailers on the rural roads? Are the vehicles fitted with any technology that allows the speed of the vehicles to be recorded?

(1) There are no provisions and restrictions of the use of the road. Therefore there is no ability to restrict speeds to any more than the prescribed speed limit.

What buildings have been erected in the past twelve (12) months?

No buildings have been erected within the past twelve (12) months.

What approvals have been granted for removal of vegetation on the site (either side of Guanaba Creek Road) in the past 24 months?

Council systems do not indicate any vegetation management removal applications on the subject site for the past 24 months.


25 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 9 CONCLUSION

A detailed assessment has concluded that the proposed development complies with the Overall Outcomes and Performance Outcomes of the applicable codes and ensures an appropriate outcome is achieved for the site.

Following the detailed assessment of this proposal, it is recommended that the application be approved subject to reasonable and relevant conditions.

10 NOTIFICATIONS

Not applicable.

12 RECOMMENDATION

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

Real property description Lot 152 on WD15 Address of property 604 Guanaba Creek Road, Guanaba Area of property 299,470m2 Decision type Development Permit for Material Change of Use for

Extensions to an Existing Wholesale Nursery. Further development permits Building Works. Further compliance permits Compliance Permit for On-site Sewerage Work and

Compliance Permit for Water Supply Plumbing Work. Compliance assessment required for documents or works

Not applicable.

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Extensions to an Existing Wholesale Nursery, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by

A 01.01 A Site and Environment Plan, Site Plan

06/04/16 HSC Building Design Pty Ltd

BA01 - Site Plan 19/12/15 Bristow Architect BA02 - Part Site Plan – Buildings

& Earthworks 19/12/15 Bristow Architect

BA03 - Administration Building – Floor Plan

19/12/15 Bristow Architect

BA04 - Administration Building – Setout Plan


BA05 - Administration Building – Accessibility Details



26 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 BA08 - Administration Building –

Elevations #1 05/01/16 Bristow Architect

BA09 - Administration Building – Elevations #2


BA12 - Amenities Building – Plans & Elevations


S1.00 C Cover Sheet and Drawing Schedule

30/01/08 Coast Guard Netting Services

Greenhouse 4 & 5

- Plan & Elevation - Coast Guard Netting Services

Greenhouse 6 - Plan & Elevation - Coast Guard Netting Services

Greenhouse 7 - Footing Plan - Coast Guard Netting Services

showing the following amendments: i The proposed location of the propagation shed, along the western property

boundary should be amended to provide a minimum buffer of thirty (30) metres to the minor watercourse existing to its south. This should also result in the propagation shed being located outside of the vegetation management area and the landscape and environment precinct.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Issue of a development approval for operational work. ii Issue of a development permit for the carrying out of building work.

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

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

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

Timing

As indicated within the wording of the condition.

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.


27 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 WORKS - COMPLIANCE

4 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.

CONSTRUCTION MANAGEMENT

5 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

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.


28 Adopted Report


managed. d Should the development be under construction during

the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

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

Part B Road/footpath Closure Requirements

Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. f Where it is proposed to interfere with a road for any

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.

6 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

Timing



29 Adopted Report


2008; and iv within 5 business days of receipt of the request

from Council. d The data and monitoring results must be provided to

Council within 3 business days of completion of the monitoring.

e If the acoustic quality objectives stated in schedule 1, column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of noise sources; iii identify the measures and work practices that will

be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring of noise emissions;

v provide details of complaint response procedures that will be adopted;

vi identify the procedures to be adopted for revision and review of the noise management plan.

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

7 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,

Timing



30 Adopted Report


part 3 of the Environmental Protection Regulation 2008; and

iv within 5 business days of receipt of the request from Council.

d The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring.

e If the air quality objectives stated in schedule 1, column 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate

emissions; iii identify the measures and work practices that will

be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

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

8 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.

Timing

At all times while works are occurring.

9 Water usage

The use of potable water is not permitted in activities associated with road and pavement construction, the

Timing

At all times while works


31 Adopted Report


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;

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.

are occurring.

10 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.

Timing


11 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.

Timing



32 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 SCOPE OF PROPOSAL

12 Water usage

The water utilised for the nursery practices is to be taken only from the holding dam located along the western portion of the site. Water extraction from the bores is prohibited for the operational use of the nursery. If the applicant wishes to use the bore water for operational purposes, the applicant is to lodge a request to change an existing development approval (Permissible Change) application pursuant to Section 369 of the Sustainable Planning Act 2009 with sufficient information clarifying there will be no impact on the water table.

Timing At all times once the use has commenced.

13 Water Quality Management Plan

The applicant shall provide a Water Quality Management Plan that clearly demonstrates that no adverse impact on external properties from the discharge of water results from the nursery operations. This report must be to the satisfaction of the Chief Executive Officer.

Timing Prior to the issuing of building works approval.

PLUMBING AND DRAINAGE

14 Report from registered soil evaluator to be submitted

In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and Queensland Plumbing and Wastewater Code. Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to:

• arranging servicing of the facility by a service contractor;

• periodic inspections, monitoring and maintenance; and

• inspections which may be carried out from time to time by Council’s authorised persons.

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

15 Application for compliance permit for on-site sewerage work required

The applicant must apply to Council for a compliance permit under the Plumbing and Drainage Act 2002 for any on-site sewerage work. 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

Timing

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


33 Adopted Report


design for all sewerage works within the property; Information note: On-site 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.

Without limiting the definition of ‘on-site sewerage work’ in the Plumbing and Drainage Act 2002, such work includes building or installing an on-site sewerage facility, which is a facility for:

• treating on the premises, sewage generated on the premises and disposing of the resulting effluent on part of the premises (a ‘land application area’) or off the premises by common effluent drainage or by collection from a tank on the premises; or

• storing on the premises sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

This includes a chemical, composting or incinerating toilet.

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.

Timing

Prior to works occurring.

TELECOMMUNICATIONS

17 Telecommunications – MCU

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).

Timing

Prior to commencement of the use.


34 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 CAR PARKING AND ACCESS

18 Off street car parking area

Off-street car parking area shall be provided to accommodate a minimum of 12 car parking spaces.

Timing

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

19 Loading and unloading

a Loading and unloading of a vehicle servicing a development must be conducted wholly within the site.

b A vehicle or vehicles waiting to be loaded or unloaded must stand entirely within the site.

c All vehicles must enter and exit the site in a forward gear.

d The largest vehicle permitted on-site is an AV. The dimensions of the vehicle are to be generally in accordance with AS2890.2.

Timing

At all times.

HYDRAULICS

20 No worsening of hydraulic conditions

The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the

site that could cause loss or damage.

Timing

At all times.

21 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.

EROSION AND SEDIMENT CONTROL

22 Erosion and sediment control

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

b Sediment control buildings (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

Timing During construction/building works.


35 Adopted Report


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.

GEOTECHNICAL

23 Geotechnical certification of low landslide risk for the site

The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed administration building site will achieve a landslide risk rating of ‘Low’ or better and the site is suitable for the proposed development.

Timing

Prior to the issue of a development permit for building work for the administration building.

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 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.

D 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


36 Adopted Report


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

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

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

d Ensuring the correct siting of buildings on the land. An identification survey demonstrating correct siting and setbacks of buildings 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.

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.

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].


37 Adopted Report


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.

I 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).

Author: Authorised by: Geraldine Salat Dyan Currie Planning Officer – North Director Planning and Environment July 2016


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0720.001 moved Cr P J Young seconded Cr Owen-Jones That Council resolves as follows:

Real property description Lot 152 on WD15 Address of property 604 Guanaba Creek Road, Guanaba Area of property 299,470m2 Decision type Development Permit for Material Change of Use for

Extensions to an Existing Wholesale Nursery. Further development permits Building Works. Further compliance permits Compliance Permit for On-site Sewerage Work and

Compliance Permit for Water Supply Plumbing Work. Compliance assessment required for documents or works

Not applicable.

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Extensions to an Existing Wholesale Nursery, subject to the following conditions:

APPROVED DRAWINGS 1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by A 01.01 A Site and Environment Plan,

Site Plan 06/04/16 HSC Building Design Pty

Ltd BA01 - Site Plan 19/12/15 Bristow Architect BA02 - Part Site Plan – Buildings

& Earthworks 19/12/15 Bristow Architect

BA03 - Administration Building – Floor Plan


BA04 - Administration Building – Setout Plan


BA05 - Administration Building – Accessibility Details



39 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 BA08 - Administration Building –

Elevations #1 05/01/16 Bristow Architect

BA09 - Administration Building – Elevations #2


BA12 - Amenities Building – Plans & Elevations


S1.00 C Cover Sheet and Drawing Schedule

30/01/08 Coast Guard Netting Services

Greenhouse 4 & 5

- Plan & Elevation - Coast Guard Netting Services

Greenhouse 6 - Plan & Elevation - Coast Guard Netting Services

Greenhouse 7 - Footing Plan - Coast Guard Netting Services

showing the following amendments: i The proposed location of the propagation shed, along the western property

boundary should be amended to provide a minimum buffer of thirty (30) metres to the minor watercourse existing to its south. This should also result in the propagation shed being located outside of the vegetation management area and the landscape and environment precinct.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Issue of a development approval for operational work. ii Issue of a development permit for the carrying out of building work.

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

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

Timing As indicated within the wording of the condition.

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.

WORKS - COMPLIANCE 4 Certification of compliance Timing

The applicant must


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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.

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.

CONSTRUCTION MANAGEMENT 5 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.










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

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.



41 Adopted Report


Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

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

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. f Where it is proposed to interfere with a road for any


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.

6 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,




e If the acoustic quality objectives stated in schedule 1,



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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


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.

7 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



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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






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

8 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.

9 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



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recycled water; 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;




10 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.


11 Public safety to be ensured a 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.

b The applicant must develop, to the satisfaction of the Chief Executive Officer, notification to be distributed to residents of Guanaba Creek Road, addressing the applicant's commitment to road safety and measures available for residents to report to the applicant where road safety incidents involving vehicular movement associated with the land use have occurred. The correspondence must also include a telephone contact



45 Adopted Report


number of the onsite manager in case there are road safety concerns experienced.

c The applicant must retain a register of complaints and actions taken to remedy, that will be available to the Chief Executive Officer on request.

SCOPE OF PROPOSAL 12 Water usage

The water utilised for the nursery practices is to be taken only from the holding dam located along the western portion of the site. Water extraction from the bores is prohibited for the operational use of the nursery. If the applicant wishes to use the bore water for operational purposes, the applicant is to lodge a request to change an existing development approval (Permissible Change) application pursuant to Section 369 of the Sustainable Planning Act 2009 with sufficient information clarifying there will be no impact on the water table.


13 Water Quality Management Plan The applicant shall provide a Water Quality Management Plan that clearly demonstrates that no adverse impact on external properties from the discharge of water results from the nursery operations. This report must be to the satisfaction of the Chief Executive Officer.


PLUMBING AND DRAINAGE 14 Report from registered soil evaluator to be submitted

In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and Queensland Plumbing and Wastewater Code. Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to: • arranging servicing of the facility by a service contractor; • periodic inspections, monitoring and maintenance; and • inspections which may be carried out from time to time by

Council’s authorised persons.



46 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 15 Application for compliance permit for on-site sewerage

work required The applicant must apply to Council for a compliance permit under the Plumbing and Drainage Act 2002 for any on-site sewerage work. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all sewerage works within the property; Information note: On-site 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. Without limiting the definition of ‘on-site sewerage work’ in the Plumbing and Drainage Act 2002, such work includes building or installing an on-site sewerage facility, which is a facility for: • treating on the premises, sewage generated on the

premises and disposing of the resulting effluent on part of the premises (a ‘land application area’) or off the premises by common effluent drainage or by collection from a tank on the premises; or

• storing on the premises sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

This includes a chemical, composting or incinerating toilet.


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.

Timing Prior to works occurring.

TELECOMMUNICATIONS 17 Telecommunications – MCU

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

Timing Prior to commencement of the use.


47 Adopted Report


telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).

CAR PARKING AND ACCESS 18 Off street car parking area

Off-street car parking area shall be provided to accommodate a minimum of 12 car parking spaces.

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

19 Loading and unloading a Loading and unloading of a vehicle servicing a

development must be conducted wholly within the site. b A vehicle or vehicles waiting to be loaded or unloaded

must stand entirely within the site. c All vehicles must enter and exit the site in a forward

gear. d The largest vehicle permitted on-site is an AV. The

dimensions of the vehicle are to be generally in accordance with AS2890.2.


HYDRAULICS 20 No worsening of hydraulic conditions





21 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.


22 Surface water A report from an RPEQ must be submitted to Council every six (6) months from the date of this approval confirming there is no loss of surface water entering the eastern adjoining property from the existing watercourse (which traverses the northern portion of the site) as a result of the operation of the western most dam. If such a report demonstrates that the dam prohibits the flow of water onto the eastern adjoining property, the applicant shall take immediate measures to rectify this matter to Council’s satisfaction.

Timing From the date the development approval takes effect.


48 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN EXISTING WHOLESALE NURSERY - LOT 152 ON WD15 - 604 GUANABA CREEK ROAD, GUANABA – DIVISION 5 PN182794/01/DA3 23 Pumping facility

The pumping facility located in the eastern dam along Hollindale Road shall be removed from the dam prior to the issue of a Building Works approval for building numbers 4, 5, 6, 7, 12, 13 and 14.


EROSION AND SEDIMENT CONTROL 24 Erosion and sediment control

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

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


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.





GEOTECHNICAL 25 Geotechnical certification of low landslide risk for the

site The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed administration building site will achieve a landslide risk rating of ‘Low’ or better and the site is suitable for the proposed development.

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

ADVISORY NOTES TO APPLICANT B Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing


49 Adopted Report


component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

C 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.

D 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




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



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;


50 Adopted Report


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.

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.

I 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).

CARRIED


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mailto:[email protected]

http://www.deir.qld.gov.au/

GCCC Maps

0 294 588 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

ATTACHMENT 1.1


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Date: 01/07/2016

City Plan0 190 380 570 76095

Metres¢

ATTACHMENT 1.2


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0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200SCALE 1:2000m

PROJECT CLIENT

TITLE

SCALES

DRAWN BY

START DATE

LOCATION

CHECKED

PLOT DATE

SHEET SIZE A3© CopyrightThis drawing is protected by copyright. All rights reserved. Unless permittedunder the Copyright Act 1988, no part of this drawing may in any form or by anymeans be reproduced, published, broadcast or transmitted without prior writtenconsent of the copyright owner.

Please Note:If the status of this drawing is not signed off For Construction it may be subjectto change, alteration or amendment at the discretion of HSC Building Design.If so, HSC Building Design is not liable for any loss, damage, harm or injurywhether special, consequential, direct or indirect, suffered by you or any otherperson as a result of your use of this drawing for construction purposes.Do not scale from this drawing.

EXISTING WHOLESALENURSERY

HARTS NURSERY, 604GUANABA CREEK RD,GUANABA QLD 4210,

HARTS NURSERY GUANABA

SITE AND ENVIRONMENT PLANSITE PLAN

6/04/2016

HSCHSC

APRIL 2016

1690 ORIGINAL SHEET SIZE

0 50

A 01.01

JOB NO.

DRWG/REV. NO. REVISION A1:12 PM

NOT FOR CONSTRUCTIONNO. DATE REVISIONS-DESCRIPTION BY

A 06/04/16 ISSUE FOR INFORMATION A

The information shown on this drawing isindicative only gathered from a variety of

sources. HSC Building Design is not responsiblefor any indescrepencies.

SILT DAM

ACCESS ROAD

ACCESS ROADDWELLING HOUSE

HOLDING DAM

1

23

10

9

8

11

5

6

7

GUANABA CREEK ROAD

13

14

HOLLINDALE ROAD

4

12

90°20'0"146.728m

19.745

m

42°3'1

2"

70.177m52°22'50"

42.964m72°5'26"50.217m

107°22'50"

70.790m

122°48'36"

69.185m

105°56'55"41.771m90°20'

11.46

1m18

4°27

'55"

61.819m135°53'

51.097m

121°42'

452.155m0°0'

20.519m262°0'

135.98

5m

223°29

'45"

181.051m286°10'15"

193.076m

241°39'50"

100.686m275°50'30"

234.2

8m17

9°56

LOT 152WD 15

LOT 152WD 15

LOT 152WD 15

LOT 152WD 15

PROPERTY DESCRIPTIONADDRESSHARTS NURSERY, 604 GUANABA CREEK RD,GUANABA QLD 4210,

Gold Coast City CouncilProperty no. 182794RPD Lot 152 WD15DIVISION 5Parish of Cedar Area: 299,470m²

1:2000

Refer to Table 2Lawfully Established Buildings/Structures1 Shade Structure2 Propagation Shed - Plastic Igloo3 Propagation Shed - Plastic Igloo8 Potting Shed9 Propagation Shed - Plastic Igloo10 Propagation Shed - Plastic Igloo11 Packing Shed - Dwelling HouseRefer to Table 3Established Buildings/structures RequiringApproval4 Propagation Shed - Plastic Igloo5 Propagation Shed - Plastic Igloo6 Propagation Shed - Plastic IglooRefer to Table 4Proposed New Buildings/structures7 Propagation Shed - Plastic Igloo13 Administration Building14 Amenities Building12 Propagation Shed - (Zygo House)

ATTACHMENT 1.3 (Page 1 of 13 pages)


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ITEM 2 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1

Refer 28 page attachment 1 OVERVIEW

Site address 36 - 38 Commerce Drive, Robina

Application description

Development Permit for a Material Change of Use (Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises

Decision due date 29 July 2016

Proposal

Site Area 1,050m2

Building Height Four (4) storeys

Gross Floor Area

• Apartments – 1,260m2

• Take-Away Food Premises – 35m2

• Office – 150m2

• Lobby – 60m2 per level

• Communal Facilities – 168m2

Site Coverage 59.5%.

Apartment Mix • 12 x two (2) bedroom units

• Three (3) x one (1) bedroom units

Development Configuration

• Apartments (12 x two (2) bedroom units and three (3) x one (1) bedroom units)

• Take-Away Food Premises

• Office

Residential Density • Residential density of 1 unit per 70m2 or

30 bedrooms / 1 bedroom per 35m2.

• Total of 30 bedrooms.

Car Parking

• Total of 35 car parking spaces

• 11 car parking spaces are proposed on ground level and ten (10) single car parking bays, and seven (7) tandem parking bays (14 spaces) in the basement level.

Vehicle and pedestrian access

Two (2) separate crossovers from Commerce Drive and shared access easement from Ron Penhaligon Way.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1


Issue Resolution

Building Height

Does not comply with acceptable solution.

AS10.1.1 requires the building to contain a mix of residential and non-residential uses and has a maximum height not exceeding three storeys with the following configuration: commercial use on the ground floor level and residential use on the third storey.

Performance criteria achieved

The proposed building height of four (4) storeys does not comply with the Acceptable Solution although it complies with the relevant performance criteria 10 in that the building is of a height that complements the character of the local business centre and must not adversely impact on the amenity of any adjoining residential area. A detailed assessment has occurred against higher order provisions of the Planning Scheme (Desired Environmental Outcomes (DEO’s)), where it has been established that the development suitably accords with the existing and future character of the surrounding area.

Building Setbacks


AS2.1.1 requires the building to be setback 2m from the road front boundary.

AS2.1.2 requires the building to be in alignment with frontages of one of more adjoining buildings.


The applicant provided an amended design which increased the setback of the road front building wall at levels three (3) and four (4) from 2m to a minimum of 3.5m but has retained two balconies which extend within the 2m setback on an angular alignment ranging in 0.6m to 1.5m off the front boundary. The proposed building is not in alignment with frontages of one of more adjoining buildings. It is considered that the proposed building setbacks are in accordance performance criteria 2 in that they are appropriate for an efficient use of the site by maintaining room for access easements, the local business character of the area and the separation from neighbouring properties and from frontages to roads.

Density

Does not comply with Acceptable Solution.

AS3.1.1 has an acceptable solution for residential density of one dwelling per 300m2 of site area.


The assessment completed has determined that the proposed residential density of one dwelling per 70m2 is acceptable having regard to the characteristics of the site and surrounding area. The proposed residential density is considered appropriate in advancing the overall intent of the Place Code by


68 Adopted Report


providing a range of housing choice which has convenient access to existing and proposed services and facilities within the immediate surrounding area. The proposed density meets performance criteria 3 in that the proposed development conforms to the level of services (infrastructure) available and provides an incentive for residential mixed use development and rejuvenates the local area.

Communal Open Space


AS5.1 requires the communal open space area to be at least 25% of the site area and meet several other parameters.


The assessment completed has determined that the proposed development containing more than five dwellings on a lot has provided communal open space that is useable, clearly defined and a safe and attractive living environment. The communal open space provided is a total of 168m2 which translates to 16% of the total site area. This proposed communal open space areas comply with performance criteria 5 of the Low Rise Apartment Building Specific Development Code in that there are more than five (5) dwellings and the COS provided is useable, clearly defined through the ground floor lobby and provides a safe and attractive living environment through an outdoor alfresco dining area.

Car Parking Provision

To comply with AS16.1 of the Car Parking, Access and Transport Integration Constraint Code, the development would require a total of 41 car parking spaces (30 spaces for residents, 4 spaces for residential visitors and 7 spaces for Office and Take Away Food Premises).


The proposed plans show a total of 35 car parking spaces are provided. 11 car parking spaces are proposed on ground level and ten (10) single car parking bays, and seven (7) tandem parking bays (14 spaces) in the basement level. The proposal complies with performance criteria 16 of the Car Parking, Access and Transport Integration Constraint Code in that sufficient car parking spaces have been provided to meet the car parking needs of the proposed development. The number of car parking spaces provided is consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles.


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Submissions

Objections Support

27 properly made objections Zero (0) not properly made objections A total of 27 properly made objections were received inclusive of one (1) petition with 470 total signatures.

Zero (0) properly made ‘in support’ Zero (0) not properly made ‘in support’

Key issues raised by submitters

• Building design:

− Overlooking − Urban shadow − Building height

• Passive smoking pollution from residents

• Density

• Easement use and functionality on the subject site

• Zoning and primary purpose of the proposed building

• Position on site and setbacks to align at frontage

• Lack of open space

• Fencing (privacy during removal)

• Acoustic issues for proposed use and neighbouring allotments

• Potential traffic safety risks; and

• Construction phase noise, dust and vehicles.

Referral agencies Not applicable. Officer's recommendation

Approval

REPORT STRUCTURE



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


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 8 STATE PLANNING REGULATORY PROVISIONS 9 SOUTH EAST QUEENSLAND REGIONAL PLAN 10 INTERNAL REFERRALS

10.1 Health and Regulatory Services 10.2 Transport Assessment 10.3 Subdivision Engineering 10.5 Architect 10.6 Gold Coast Water 10.7 City Infrastructure 10.8 Plumbing and Drainage 10.11 Hydraulics and Water Quality

10.14 Landscape Assessment 10.16 Geotechnical Engineering

11 EXTERNAL REFERRALS 11.1 Concurrence agencies 11.2 Advice agencies

12 DEVELOPMENT INFRASTRUCTURE 13 PUBLIC NOTIFICATION 14 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 15 CONCLUSION 16 NOTIFICATIONS 17 RECOMMENDATION 2 EXECUTIVE SUMMARY

Council is in receipt of a Development Permit for a Material Change of Use (Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises on the site located at 36-38 Commerce Drive, Robina. Under the Gold Coast Planning Scheme 2003 (Planning Scheme), the subject site resides within the Local Business Domain.

Under the Planning Scheme, the proposed land uses are defined as Apartments, Office and Take-Away Food Premises. Apartments trigger Impact Assessment pursuant to Table of Development A (Material Change of Use). Office (less than 500m2 GFA) and Take-Away Food Premises (where operating within the hours 6:00am to 10:00pm) uses are both listed as self-assessable pursuant to Table of Development A (Material Change of Use) under the Local Business Domain Place. Overall the proposal triggers Impact Assessment.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 The proposal has been assessed against the following codes of the Gold Coast Planning Scheme;

Place Code • Local Business Domain Place Code

Specific Development Code • Low Rise Apartment Building Specific Development Code;

• Office Specific Development Code; and

• Retail and Related Establishments Specific Development Code.

Constraint Code(s) • Car Parking, Access and Transport Integration Constraint Code

The application was publicly notified and received 27 properly made objections inclusive of one (1) petition with 470 signatures. The key issues raised by the submitters and petitioners relate to:

• Building Design (overlooking, urban shadow and building height);

• Passive smoking pollution from residents;

• Density;

• Easement use and functionality on subject site;

• Zoning and primary purpose of proposed building;

• Position on site and setbacks to align at frontage;

• Lack of open space;

• Fencing (privacy during removal);

• Acoustic issues for proposed use and neighbouring allotments;

• Potential traffic safety risks; and

• Construction phase noise, dust and vehicles. All aspects of the submissions received have been taken into account in the officer’s recommendation and are detailed further in section 13 of this report.

An assessment of the application has determined that it is considered to generally comply with the Acceptable Solutions of the applicable Codes and ensures an appropriate outcome can be achieved for the site. Where required, conditions have been included in the Officer's recommendation to ensure compliance with the relevant Performance Criteria.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 3 APPLICATION INFORMATION

Real property description Lot 1 on RP906995 Applicant Cleanskin Property Pty Ltd Owner at time of lodgement Tuno Investments Pty Ltd Current owner Tuno Investments Pty Ltd Site area 1,050m2 Date application received 13 July 2015 Date entered decision 9 May 2016 Domain Local Business Domain LAP & precinct N/A City Plan Neighbourhood Centre Zone State planning policies N/A Decision type Development Permit for a Material Change of Use

(Impact Assessable) for Apartments (15 Units), Office and Take-Away Food Premises

4 BACKGROUND

There is no specific background information applicable to this site.

5 PROPOSAL

The proposed development comprises: • 12 x two (2) bedroom and three (3) x one (1) bedroom apartments consisting of a total

gross floor area of 1,260m2

− The floor plate comprises five (5) Apartments per residential level. − Number of dwellings: 15 apartments / one (1) unit per 70m2

− Number of bedrooms: 30 bedrooms / one (1) bedroom per 35m2

• COS located on the ground floor with an area 168m2

• A ground floor Take-Away Food Premises with a total GFA of – 35m2

− The hours of operation are proposed to be 7:00am to 10:00pm with one (1) to two (2) employees present.

• A ground floor Office with a total GFA of 150m2

• Landscaping is proposed along approximately 50% of the site’s frontage. With the remaining 50% comprising crossovers and pedestrian entry. Deep planting is proposed in the north‐western corner of the subject site (see figure 2 and 3).

Building Height The proposed development will have an overall height of four (4) storeys (14.4m). The development contains three (3) levels of residential dwellings with the ground floor comprising COS, Office and Take-Away Food Premises.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 Density

The development features a total of 15 residential dwellings consisting of 12 x 2 bedroom and 3 x 1 bedroom apartments consisting of a total GFA of - 1,260m2 and a residential density of 1 unit per 70m2 or 30 bedrooms / 1 bedroom per 35m2. Overall there are 30 bedrooms proposed. Site Cover

The proposed building is centrally positioned on the site and adopts a slightly higher site coverage for a basement level before graduating to a somewhat narrower tower form. The overall site coverage for the subject site is 59.5%.

Gross Floor Area

A total floor area of: − Apartments – 1,260m2 (average of 84m2 per apartment ranging from 62m2 to 100m2) − Private Open Space – 195m2 (average of 13m2 per apartment ranging from 8m2 to

24m2) − Take-Away Food Premises – 35m2 − Office – 150m2 − Lobby – 60m2 per level − Communal facilities – 168m2

Car Parking and Access

Vehicular access to the site is provided via two (2) separate crossovers from Commerce Drive and also via a shared access easement from Ron Penhaligon Way (see figure 1). The northern most crossover from Commerce Drive provides two way vehicular and pedestrian access to a at grade parking for the proposed Office, Take Way Food Premises and ten (10) car parking spaces. 11 spaces are proposed on the ground level and are all single bays accessible from Commerce Drive.

The southern most crossover from Commerce Drive provides two way vehicular access to a basement level consisting of 25 car parking spaces (including 1 SRV loading bay and 1 disabled car parking space) and 16 secure bicycle spaces. The basement car parking level will comprise of ten (10) single car parking bays, and seven (7) tandem parking bays (14 spaces). The seven (7) tandem bays will be allocated to a unit each, and therefore seven (7) units will have two (2) car parking spaces.


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Figure 1: Proposed site plan.


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Figure 2: Proposed site landscaping plan.


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Figure 3: 3D artist’s impression of proposed development as viewed looking from the north-

west.


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Figure 4: 3D artist’s impression of proposed development as viewed looking from the south-

west.

6 SITE & ENVIRONMENT


The subject site is currently occupied by a single storey commercial premises comprising of approximately 350m2 in floor area, with a ten (10) metre setback from Commerce Drive, and approximately seventeen (17) car parking spaces, inclusive of six (6) tandem spaces across the site (figure 5).

The subject site comprises the following attributes:

• The property has a total site area of 1,050m2;

• The site has a single frontage along Commerce Drive, with a right‐of‐way easement in favour of the subject property to the service road of Ron Penhaligon Way;

• The subject site is burdened by one registered easement. Easement A on RP906995 with Title Reference 50152821. This easement seeks to provide car‐parking spaces and access to the rear lot and in‐the‐ground stormwater infrastructure;

• The allotment comprises a near regular‐shape measuring approximately 35 metres in width along Commerce Drive by approximately 32 metres deep; and

• The subject site is relatively flat with a gradual slope towards the site frontage. The south west parcel of land gradually slopes away from the site and includes existing commercial structures.


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Figure 5: Subject site.


The subject site is located within Robina and in close proximity to Ron Penhaligon Drive and Cheltenham Drive. The immediate surrounding area is predominantly a residential and commercial (predominately retail) area. A range of commercial and residential uses exist in the surrounding area.

The Commerce Drive surrounds comprises of various uses such as commercial business uses, restaurants and residential dwellings. These uses specifically range from corner stores, large commercial enterprises and a range of specialist consultancy firms including lawyers, financial advisers, tax agents and other commercial practices.

The surrounds consist of:

• To the north, two storey commercial premises comprising a mix of practices from commercial, office, recreation and community type uses;

• To the south, a single storey Child Care Centre with playground directly abutting the subject site; and

• To east, two storey commercial premises comprising commercial offices and shops.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 The scale of development in the immediate area, is primarily 2‐3 storey developments. However, some range in the order of 4‐5 storey developments (figure 6, 7 and 8).

Figure 6: Commercial Premises opposite the site at 29 Commerce Drive.


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Figure 7: Residential Apartment building at 25 Commerce Drive.

Figure 8: Commercial office buildings within the Local Business domain off Glenferrie Drive.


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Figure 9: Aerial image of subject site and surrounding area.


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 that apply to this site and the proposed development are: - South East Queensland Regional Plan 2009 -2031.

- State planning regulatory provision (adopted charges)

the regional plan for a designated region The subject site is located within the ‘Urban Footprint’ of the South East Queensland Regional Plan 2009 -2031.

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

N/A

a structure plan N/A


82 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 for development in a declared master planned

area—all master plans for the area N/A

a temporary local planning instrument N/A an earlier preliminary approval to which section

242 applies N/A

a planning scheme Refer to Section 7.2 for assessment of the proposed development against the Planning Scheme

the adopted infrastructure charges resolution or the priority infrastructure plan.

Infrastructure charges for the proposed development are levied under the Adopted Infrastructure Charges Resolution by way of an infrastructure charges notice. Refer to Section 12.

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

the common material All common material as defined under SPA 2009 has been considered through the assessment.

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

Refer to Section 6 – ‘Site and Surrounding Environment’.

any referral agency’s response for the application N/A 7.1 Assessment against City Plan

The subject site is located within the Neighbourhood centre zone under the City Plan with an Office (if not Real Estate Agency or Call Centre) and Food and Drink Outlet (if no consumption of alcohol or consumption of alcohol between hours of 10am to 10pm) being listed as self assessable land uses. Multiple Dwellings are a code assessable land use within the Neighbourhood centre zone. The proposed development would trigger Impact Assessment under the City Plan due to the building height exceeding 14 metres, with no more than two (2) storeys and density exceeding one dwelling per 400m2.

This application was lodged under the 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.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 7.2 Assessment against Planning Scheme

Place code Constraint code Specific development code

• Local Business Domain Place Code

• Car Parking, Access & Transport Integration Constraint Code

• Low Rise Apartment Building Specific Development Code

• Office Specific Development Code

• Retail and Related Establishments Specific Development Code

In summary, the proposed development requires the consideration of seven (7) alternative solutions relating to the following codes:

• Local Business Domain Place Code

− Acceptable Solution AS2.1.1 and AS2.2 in relation to building setback. − Acceptable Solution AS3.1.1 in relation to accommodation density. − Acceptable Solution AS10.1.1 in relation to building height.


− Acceptable Solution AS5.1 in relation to communal open space. • Car Parking, Access and Transport Integration Constraint Code

− Acceptable Solution AS11.2 in relation to design service vehicle requirements. − Acceptable Solution AS14.1 in relation to service vehicle requirements. − Acceptable Solution AS16.1 in relation to provision of car parking spaces.

Relationship to the Domain or LAP

The subject site is located in the Local Business Domain.

Pursuant to the Planning Scheme, the proposed land uses are defined as follows:

• Apartment: “A dwelling that has another dwelling immediately above or below it. It also includes dwellings contained in mixed use buildings located immediately above, below or abutting non-residential uses. This term does not include an attached dwelling.”

• Take-Away Food Premises: “Any premises used, or intended to be used, for the sale to the public of prepared food which is ready for immediate consumption and which is packaged so that it can be taken and consumed away from the premises. This term includes the provision of ancillary facilities for the consumption of food on the premises. It does not include a cafe, restaurant or fast food premises.”

• Office: “Any premises used, or intended to be used, for business administration, carrying on of agencies, secretarial services, clerical or technical activities, professional services or services of a similar nature. The term includes administration in connection with an industry, business or other commercial use where not conducted on the same site. No goods or materials intended for manufacture, sale or hire may be stored on the


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premises. This term does not include a Shop, Medical Centre or Commercial Services such as a retail bank, building society, credit union, finance company agency, and real estate agency, Funeral Business or Totalisator Administration Board (TAB).”

Within the Local Business Domain an Apartment use triggers impact assessment pursuant to table of development A (Material Change of Use). It is noted that the proposed Take-Away Food Premises and Office uses are listed as self-assessable in table of development A. Overall the proposal is impact assessable.

The intent statement for the Local Business Domain reads:

“The purpose of this domain is to ensure that local business centres provide opportunities for local community interaction and a sense of place and identity. It seeks to provide for a wide variety of activities including retailing, office uses, personal services entertainment and recreational activities, without changing the function or the predominant local service orientation of the business centre. This domain also provides for residential activity to locate within local business centres where this can be accommodated without fragmenting the commercial centre or creating conflicts between residential and commercial uses.

A key objective of the domain is to ensure that the development of local business centres does not threaten the viability of other existing local centres and other existing and proposed business centres at the District, Sub Regional, Regional, and Key Regional/Metropolitan Activity Centre levels in the activity centre system.

This domain seeks to promote a local community focus and to support community identity through the provision of high quality public spaces and effective urban design.”

Officer’s comments:

It is considered the proposal satisfies the intent of the Local Business Domain for the following reasons:

• The proposed uses are listed land uses within the Table of Development A and in turn are considered desirable land uses in achieving the above mentioned intent;

• It provides residential activities which are located within a local business centre whilst being accommodated without fragmenting the commercial centre or creating adverse conflicts between residential and commercial uses; and

• The proposal enhances the residential product currently provided within the area and provides for local community interaction and a sense of place and identity.

The proposal has achieved the above through high quality architectural design and by minimising impacts on adjoining commercial uses. As such, it is considered that the proposed development satisfies the intent of the Local Business Domain Place Code.


85 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 Compliance with the relevant place code

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

Building Setback

Performance criteria Acceptable solution

PC2 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 local business character of the area; c) the separation from neighbouring properties and from frontages to roads.

AS2.1.1 The first 2 storeys of the building are set back two metres from the front property boundary. OR AS2.1.2 The first 2 storeys of the building align with the frontage setbacks of one or more adjoining buildings. AS2.2 The building exceeds two storeys in height, and the part of the building which exceeds two storeys in height is set back: a) a minimum of six metres from the frontage of the site; b) a minimum of two metres from the side and rear boundary for that part of the building which does not exceed 7.5 metres in height above the second storey; c) a minimum of two metres, plus 0.5 from the side and rear boundary for every three metres (or part thereof) for that part of the building that is 7.5 metres or more in height above the second storey.


The applicant in response to an information request regarding setback encroachment as listed in AS2.1.1 provided an amended design which increased the building setback of the road front building wall at levels three (3) and four (4) from 2m to a minimum of 3.5m but has retained two balconies which extend within the 2m setback on an angular alignment ranging in 0.6m to 1.5m off the front boundary. The proposed balconies are an open structure comprising of a glass balustrade which is a design outcome that is not a bulky or visually obtrusive ‘building element’ that contributes to the built form design and amenity for the local area improving standards of building quality or living standards.

The proposed building does not comply with AS2.1.2 in regards to the proposed building being in alignment with frontages of one of more adjoining buildings. Council officers are of the view that the proposed building is deemed to have provided sufficient setbacks from side boundaries which encourage an efficient use of the subject site in order to meet design and amenity standards such as the location of car parking spaces not being within the front of the site as detailed in the Office Specific Development Code and Retail and Related Establishments Specific Development Code.

The proposed development complies with AS2.2 in that all side and rear boundary setbacks comply with being a minimum of two metres, plus 0.5 from the side and rear boundary for every three metres (or part thereof) for that part of the building that is 7.5 metres or more in height above the second storey.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 It is considered that the proposed alternative solution satisfies the intent of performance criteria 2 in that the proposed building setbacks are appropriate for an efficient use of the site by maintaining room for access easements, the local business character of the area and the separation from neighbouring properties and from frontages to roads.

Accommodation Density


PC3 The accommodation density achievable in the local business centre is consistent with the level of services available and provides an incentive for residential mixed use development.

AS3.1.1 The maximum residential density does not exceed one dwelling per 300m2 of site area. OR AS3.1.2 The maximum residential density does not exceed that shown for the subject site on Overlay Map OM4 – Residential Density.


The maximum residential density is one dwelling per 300m2 of site area as listed is AS3.1.1. The proposed development has provided an alternative solution of one dwelling per 70m2:

The applicant through the information response provided an amended design slightly reducing the density regarding the number of bedrooms contained within the proposed development. Whilst 15 units have been retained they have been reconfigured to comprise of 12 x Two (2) bedroom units and three (3) x one (1) bedroom + one (1) study units. The applicant has stated that this is due to the second room in the Type B units not having any external wall, hence its conversion to a study for amenity and living quality purposes. A condition and notice will be place on the decision notice and rates card in the event of an approval prohibiting the conversion of study and/or media rooms into additional bedrooms.

It is noted that the apartment built form is an efficient use of the land without comprising the provision of business uses at the ground level and therefore a development that is more fitting of a local centre and is envisaged by the Local Business Domain Place Code under AS10.1.1 (i.e. commercial on ground floor and units above).

The establishment of the proposed Apartments is considered to accord with Performance Criteria 3 in that the proposed residential density is providing a range of housing choice which has convenient access to existing and proposed services and facilities within the immediate surrounding area.

The configuration of the proposed development is considered to allow for the efficient use of the site by providing commercial uses on the ground floor and residential dwellings on the upper levels promoting a mix of uses through a well-designed development. Further, the site's location allows the future occupants of the development to have direct access to transport infrastructure, commercial opportunities and a vast array of recreational facilities.

Having regard to the characteristics of the site and surrounding area as well as its prominent location, the proposed residential density is considered appropriate in advancing the overall intent of providing a range of housing choice which has convenient access to existing and proposed services and facilities within the City.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 Gold Coast Water has also reviewed and assessed the application and has determined that the proposed mixed use development shall have no infrastructure capacity issues. Potable water supply and sewer connection points are readily available.

For the above reasons and the assessment against the DEO’s below, it is considered that the proposed alternative solution in regards to residential amenity is in compliance with Performance Criteria 3.

Building Height Performance criteria Acceptable solution

PC10 All buildings must be constructed to a height that complements the character of the local business centre and must not adversely impact on the amenity of any adjoining residential area.

AS10.1.1 The building contains a mix of residential and non-residential uses and has a maximum height not exceeding three storeys with the following configuration: commercial use on the ground floor level and residential use on the third storey.


The maximum building height is three (3) storeys. The proposed development has a building height of four (4) storeys.

The proposed development has provided an alternative solution of four storeys as detailed more specifically below:

The proposed development at four storeys comprises non-residential uses on the ground floor with three levels of residential above and therefore represents a one storey increase on the acceptable solution of three storeys. It is considered that the increase in height is compliant with performance criteria 10 as follows:

• The character of the local business area is derived from buildings that are of a much larger scale and bulk than that of the proposed development. That is, several other buildings are not only vertically, taller buildings they are of considerably more scale and mass than that of the proposed building (figure 6 to 8). In light of the above, it is considered that the development is of “a height that complements the character of the local business centre”.

• The proposed building will be largely screened within the context of the surrounding residential/suburban neighbourhood. The subject site is located within a cul-de-sac which does not directly interface with the surrounding residential properties (nor do local residents access their properties via Commerce Drive). It is also considered that the proposed building is a significant architectural improvement to a dated area and will deliver commercial and residential opportunities not yet provided for within the immediate surrounding area.

• Furthermore the City Architect has provided support of the proposed development and provided comments regarding the building design in section 10.5 of this report. It is considered that the proposed development complies with performance criteria 10.

Compliance with the relevant specific development code

The proposed development is required to demonstrate compliance with the following specific development codes:



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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 • Office Specific Development Code

• Retail and Related Establishments Specific Development Code The proposal complies with all of the specific development code’s acceptable solutions, except as follows:

Communal Open Space Performance criteria Acceptable solution

PC5 Developments with more than five dwellings on a lot must provide communal open space that is: a) useable; b) clearly defined; c) a safe and attractive living environment.

AS5.1 The communal open space is at least 25% of the site area and: a) is provided in addition to private open space areas; b) has a minimum dimension of ten metres; c) is readily accessible to residents; d) has a maximum gradient not exceeding one in ten; e) is designed and located so that it is subject to informal surveillance from dwellings on the site; f) is clearly delineated from any private areas of the site.


AS5.1 requires the communal open space area to be at least 25% of the site area and meet several other parameters. The applicant has provided an alternative solution in that the proposed communal open space area is less than the required 25% of site area being a total of 168m2 which translates to 16% of the total site area. The proposed communal open space area is to be located on the ground floor with an internal GFA of 135m2 consisting of a gym/games room and cinema. An outdoor barbecue and terrace area is proposed adjacent to the internal communal area. An assessment of the proposed development against performance criteria 5 of the Low Rise Apartment Building Specific Development Code has determined that the proposed development containing more than five dwellings has provided communal open space that is useable, clearly defined and a safe and attractive living environment. The communal open space provided is clearly defined through the lobby of the proposed building whilst providing several useable activity options to promote an aesthetically pleasing indoor and outdoor living environment. Compliance with the relevant constraint codes and overlay

The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:

• Car Parking, Access and Transport Integration Constraint Code In accordance with the requirements of the Planning Scheme the Car Parking, Access & Transport Integration Constraint Code is triggered for the proposed development.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 The subject application has been assessed against the applicable acceptable solutions and performance criteria of the abovementioned code.

The proposal complies with all of the constraint code’s acceptable solutions, except as follows:

Driveways and Crossovers


PC11

All development must make provision for safe access to roads or streets adjacent to the site. Crossovers must be constructed to a standard consistent with the vehicles using the site.

AS11.2 Access to roads or streets adjacent to the site is consistent with AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles.


Proposed plans show sight lines to pedestrians on the departure side of both the existing and proposed new driveway. However, sight lines should also be provided on the entry side of the existing driveway, given that service vehicles will exit the site at this location.

Transport officer’s comments:

“Plans show sight lines to pedestrians on the departure side of both the existing and proposed new driveway. However, sight lines should also be provided on the entry side of the existing driveway, given that service vehicles will exit the site at this location. An amended plan condition will be applied so that compliance with AS11.2 (and therefore Figure 3.4 of AS2890.2) is achieved.”

Subject to the above the proposal is considered to satisfy performance criteria 11.

Design Service Vehicle Requirements


PC14 Development must provide for the required 'design service vehicle' to service the development.

AS14.1 Provision is made for service vehicles, in accordance with the Table to Acceptable Solution AS14.1.


The proposed development does not make separate provision for a loading bay. However, the planning scheme recommends that a small rigid vehicle can be accommodated on site via a dedicated loading bay. Therefore, an Alternative Solution is proposed as per the Performance Criteria.

Transport Officer's comments:

“Plans show a dedicated loading bay on-site suitable for a Small Rigid Vehicle (SRV). This satisfies AS13 and AS14.1 of the Car Parking, Access and Transport Integration Constraint Code. Delivery vehicles will be able to enter and exit the site in a forward gear as an easement provides access through the site from Commerce Drive to the service road to Ron Penhaligon Way.”


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 Subject to the above the proposal is considered to satisfy performance criteria 14.

Provision of Car Parking Spaces


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. 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.

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. To comply with AS16.1 of the Car Parking, Access and Transport Integration Constraint Code, the development would require a total of 41 car parking spaces (30 spaces for residents, 4 spaces for residential visitors and 7 spaces for Office and Take Away Food Premises).


The proposed plans show 35 parking spaces, which is short of meeting the acceptable solution of 41 spaces.

Transport Officer's comments:

“Parking provision includes 4 residential visitor spaces and 6 commercial spaces (1 space short of AS16.1). However, given the mix of uses (Office, Take Away Food and Apartments) it is practical to consider shared parking. This is particularly relevant as residential visitors will generally frequent the development outside of business hours. This will effectively make additional parking available during business hours. On this basis, an amended plan condition will require all car parking located at Ground Level to be unallocated so that it may be shared between all commercial uses and residential visitors.

It is noted that 5 of the parking bays in this location are 2.4 m wide. Visitor parking spaces should ideally be a minimum of 2.5 m wide. However, in order to maximise use of parking on-site, this slightly reduced width will be accepted. It is noted that other parking bays in the area are 2.6 m wide.

A total of 25 parking spaces are proposed in a single basement level for residents (5 short of the Acceptable Solution). However, with reference to City Plan, the development would require only 19 spaces for residents. 10 tandem pairs are proposed, which will be allocated to 10 individual units. This leaves the remaining 5 single bays to be allocated to the 5 remaining units. Whilst City Plan rates require 1.25 spaces per unit, meaning that every fourth unit would be allocated a second parking space, in this case, two-thirds of the units will be allocated a second space. The proposed arrangement is considered acceptable, in order to maximise the amount of car parking achieved on-site.”


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 The proposed development is considered to demonstrate an acceptable outcome having regard to the requirements of the Car Parking, Access and Transport Integration Constraint Code. As discussed above the proposal satisfies performance criteria 16 in that sufficient car parking spaces have been provided to meet the car parking needs of the development.

Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code. Desired environmental outcomes and/or land use themes

The Desired Environmental Outcomes (DEOs) are the core of the Planning Scheme. They provide the fundamental context for the development assessment codes and other measures contained in the remaining parts of the Planning Scheme, therefore providing a primary focus or direction.

A review of the 17 listed DEO’s has revealed that the proposal does not compromise their achievement, with the DEO’s listed in the table below considered most relevant in the assessment of this application. Desired Environmental Outcomes Response

Access to Community Facilities and Employment 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.

• To facilitate an efficient urban form that offers high levels of accessibility between residential areas and Activity Centres and Activity Clusters.

• To maximise residential densities in and around Activity Centres and Activity Clusters, where an acceptable level of amenity can be achieved.

• To facilitate the timely provision of conveniently located community facilities and open space areas and human services.

• To ensure the design of safe neighbourhoods that offer high levels of pedestrian permeability and maximise opportunities for social interaction through the use of shared and multiple use areas and facilities.

The proposed development provides a mixed use development that is welcoming aesthetically and has a high level of accessibility to surrounding commercial opportunities.

The proposed development provides a residential density within close proximity to surrounding centres and commercial areas whilst maintaining a high level of amenity. The proposed development also provides a conveniently located Take-Away Food Premises and Office and is in close proximity to public open space (Robina Common) and contains a satisfactory amount of communal and private open space within the development.

Housing Choice DEO Soc.3

The provision of a range of 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.


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• To facilitate a range of dwelling types and densities, within local areas, that meets the needs of the City's existing and future households.

• To facilitate the development of neighbourhoods, with a mix of housing types, tenures, sizes and styles, to encourage social cohesion and integration.

• To encourage the provision of residential accommodation which is designed and located to integrate with the surrounding community, while meeting the specific needs of youth, the aged, people with disabilities and other disadvantaged groups.

• To facilitate a range of affordable housing options in suitable locations throughout the City.

The proposed development results in an increase in residential density when compared to the Code Assessable residential density of 1 dwelling per 300m2. The additional residential density is achieved through additional building height. The proposed development provides a range of one (1) and two (2) bedroom dwelling types and is responsive to the changing demographic structure of the City, more specifically, the changing demographic structure of the Local Business Domain within the suburb of Robina. The proposed development will provide accommodation suitable for residents working and living within the immediate local area. It is considered the assortment of dwelling types will provide a range of housing options and will represent a more affordable alternative to the traditional suburban detached dwellings. It is considered the proposed development will adequately meet the needs of the City’s existing and future households.

A land use pattern that represents a more efficient use of urban land by redeveloping a currently underutilised site that is within an urban activity centre with existing facilities, services and amenities and is along a public transport corridor to help promote equity in access to goods and services.

Economic Growth and Diversification 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.

• To facilitate the establishment of commercial services and retail services and other enterprises that support local business activity and thereby improves the efficiency of the major business sectors and reduce 'leakage' of expenditure from Gold Coast City economy.

The proposed development contains a Take-Away Food Premises and Office adding to the commercial nature of surrounding developments within the Local Business Domain and will diversify the existing economic base of the City.

Improved Integration of Business and Residential Activity DEO Econ.2

Enhanced employment and investment opportunities through better integration of residential and business activity, whilst protecting the residential amenity.


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• To facilitate mixed use developments within Activity Centres and Activity Clusters, where an acceptable level of residential amenity can be achieved.

• To facilitate increased residential densities in the areas surrounding Activity Centres and Activity Clusters.

• To facilitate the development of Activity Centres that maximise pedestrian activity on an interconnected city grid of publicly owned streets.

The majority of employment within the Gold Coast City is concentrated in Activity Centres and Activity Clusters, with workers commuting to such centres from predominantly residential areas. The purpose of providing additional residential density around the Commerce Drive Activity Cluster is to help reduce the distance travelled to and from work.

The proposed development maximises pedestrian activity and increases residential densities whilst maintaining residential amenity.

Activity Centres and Activity Clusters 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.

• To facilitate the development of a range of specialised Activity Clusters that maximise the economic advantages resulting from the agglomeration of complementary business activities in desirable locations.

The proposed development contains a Take-Away Food Premises and Office adding to the commercial nature of surrounding developments within the Local Business Domain and will ensure that local residents have access to a wider range of suitably planned and located goods and services.

8 STATE PLANNING REGULATORY PROVISIONS

The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion.

9 SOUTH EAST QUEENSLAND REGIONAL PLAN

The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposal is considered to comply with the objectives of the South East Queensland Regional Plan.

10 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 30th of July 2016.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 List of available referrals for reference

Health and Regulatory Services



Open Space Assessment

Architect

Gold Coast Water

City Infrastructure



Operational Works


Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water


Social Planning

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

Internal Referrals Comments &/or Conditions

10.1 Health and Regulatory Services

Conditions relating to the following were provided: • Bulk bins – storage point within building structure • Bulk bins –servicing point • Waste chute – design and construction • Recyclable storage • Waste disposal points – design and construction • Acoustic report – prior to building approval • Air conditioning • Acoustic barrier Health and Regulatory Services officers provided the following comments:

“In support of the application, the applicant has submitted an acoustic report prepared by CRG Acoustics Pty Ltd dated 6 April 2016 (reference:16024 Letter 06_04_16). The acoustic assessment confirms that a site inspection was undertaken and spot background noise level measurements carried out.

The report acknowledged that noise from the adjacent child care centre will intrude into the communal terrace space at levels above the criteria set in the Environmental Protection (Noise) Policy 2008. The report then makes the point that the terrace would tend to be used in the eventing or weekends when the child care centre is not in operation and that a person moving into the building would be aware of the presence of the child care centre adjacent. Health agrees with these points and does not believe that this is an issue that would cause Health to not support the application.

Health has reviewed the report and can confirm that the DA proposal is feasible subject to the recommendations made within the report being implemented and subject to a comprehensive acoustic assessment being undertaken prior to the Building Approval stage.”


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10.2 Transport Assessment

Please refer to assessment of the Car Parking, Access and Transport Integration Constraint Code for City Transport officer assessment comments. Conditions relating to the following were provided: • Amended plans showing pedestrian sight triangles and commercial

car parking allocation notations to be removed. • Off street car parking facilities • Tandem car parking spaces • Freely accessible car parking • Bicycle parking • Loading and unloading • Off-street commercial vehicle facilities • Signage - service vehicle loading bay • Signs and line marking • Sight lines to pedestrians • Footpaths

10.5 Architect The City Architect has provided the following comments in support of the proposed development and building design.

• There is a good level of building articulation though protruding and recessed wall planes, cantilevered balconies, feature geometric elements and expanse of glazing. The high level of building articulation assists to ameliorate the visual scale of the building in this location.

• There is a good variety of high quality materials, colours and finishes. The overall composition is visually appealing and will complement the character of the precinct. There is fine grain detailing and human scale.

• There is a high degree of amenity provided to internal living spaces for the amenity of residents. The development has a diversity of housing types with a range of apartment sizes which will appropriately service the precinct.

• The proposal is commended for ensuring all mechanical plant equipment is located on the rooftop and is appropriately screened from view and that the screening form part of the overall architectural language.

• There is high quality integrated landscaping with large feature trees and landscape buffers to provide amenity to neighbouring properties.

• The communal recreation facility provides a variety of passive and active uses for the amenity of residents, and is small in area, however is balanced by the incorporation of the food premises as an additional amenity.”


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10.6 Gold Coast Water

Conditions relating sewerage and water infrastructure have been provided.

The proposed multiple uses will have an estimated water supply and sewerage demand as follows:

Development Type

Unit Conversion Rate (ET/unit)

Proposed Density

(ET)

Planning Scheme Density (ET)

Residential apartment units

15 x 2 br 0.63 ET/3 br

9.45

Coffee Shop 35 m2 1.54 ET/100m2

0.54

Office 230m2 0.6 ET/100m2

1.38

Total 11.4

The total proposed density is acceptable and therefore a sewer and water capacity analysis are not deemed necessary.

Gold Coast Water has reviewed and assessed the application and has determined that the proposed mixed use development (Apartment, Office and Take-Away Food Premises) shall have no capacity issues. Potable water supply and sewer connection points are readily available.

10.7 City Infrastructure

Conditions relating to the following were provided: • Car Parking and Access • Vehicular Crossings and Driveways • Road Reserve Alterations/Reconstruction • Alterations To Services, Infrastructure and/or Road Reserve

10.8 Plumbing and Drainage

Conditions relating to the following were provided: • Application for compliance permit for sewerage works required • Application for compliance permit for water supply plumbing work

required • Application for compliance permit for fire services plumbing work

required 10.9 Hydraulics and Water Quality

Conditions relating to the following were provided: • No worsening of hydraulic conditions • Alteration of overland flow paths • Stormwater management plan to be complied with • Certification of performance of the treatment train • Maintenance of stormwater management devices • GPT in basement car park • Agreement to remove hydrocarbons for GPT • Erosion and sediment control


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10.11 Landscape Assessment

Conditions relating to the following were provided: • Detailed landscape plan to be submitted for approval • Tree planting in podiums • Trellis and Arbors • Fencing

10.12 Geotechnical engineering

Conditions relating to the following were provided: • Basement excavation and ground anchoring issues • Certification of basement excavation stability

11 EXTERNAL REFERRALS

11.1 Concurrence agencies

Not applicable.

11.2 Advice agencies

Not applicable.

12 DEVELOPMENT INFRASTRUCTURE

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

13 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 the public notification period, 27 properly made objections were received inclusive of one (1) petition with 470 signatures. In response to points of objection submitted in the public notification period the applicant has provided amended plans in order to alleviate the concerns raised.


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13.1 Main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment

Town Planning Matters:

Submitter’s comments in italics.

Building Design (overlooking, urban shadow and building height) • “The windows facing south are

located over the adjoining child care centre yard and/or carpark. No windows should overlook the child care yard due to potential privacy concerns, security concerns and potential adverse health outcomes through passive smoking.”

• “It is not acceptable to place open balconies on the south side of the proposed building over the child care yard due to potential privacy concerns, security concerns and potential adverse health outcomes through passive smoking from occupants of the proposed development. The position of the balconies should be redesigned to ensure no balconies or any part thereof, in the proposed building face south over the child care yard.”

• “The proposed building will cause excessive overshadowing of the adjacent child care centre yard to the detriment of children utilizing the centre.”

Building Height

Please refer to section 7.2 - Assessment against Planning Scheme, Local Business Domain Place Code - Acceptable Solution AS10.1.1 in relation to building height. In summary these points of objection are not considered to be valid grounds for the refusal of the application.

Overlooking


The applicant’s submitted plans have been amended in response to submissions received in an effort to address the privacy/amenity concerns raised (refer to figure 10 to 11). The plans provided depict a series of vertical screening devices applied to all windows and balconies located in the southern elevation of the building, along with a slight extension to the southern wall of the building at its eastern end.

The building design amendments to the southern elevation have been positioned to direct unit occupant views to the southwest over the car park area and beyond, ensuring that direct overlooking potential of the vast majority of the outdoor play area of the centre is now restricted.

The applicant has provided plans that specifically limit views of the outdoor toilet area which have been greatly reduced by the screening devices and are only further restricted by the intervening shade sail structures and play equipment located in the Child Care centre outdoor area.

Officer’s are of the opinion that the applicant has provided a very detailed response to submitters concerns that alleviate all presented issues relating to privacy and overlooking of the adjacent Child Care centre. The privacy impacts are now considered to be relatively minor and the overlooking impact is also proven by the point that a two storey Code Assessable office building can


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be constructed on the site the degree of overlooking could be potentially and significantly greater with a high number of employees able to overlook the play area and no public notification period applicable.

As such, these points of objection are not considered to be valid grounds for the refusal of the application.

Urban shadow:


The submission provided argues the shadow impacts caused by the proposed development are excessive and will be a detriment of children using the adjacent childcare centre. It is important to make light of the fact that the outdoor play area already incurs considerable shade from the existing office building which adjoins the site to its north and the five large shade sail structures located within the playground itself.

The applicant in response to the submissions, provided a series of shadow diagrams for the Autumn, Spring, Summer and Winter seasons at 9am, 12 noon and 3pm. The shadow diagrams were prepared to clarify the impact of shadows for three development scenarios with each showing winter 9am as the worst case scenario:

• The proposed development application for a 4 storey impact assessable development (with complying southern boundary setbacks) (figure 12);

• A partial third storey Mixed Use (Office & Caretakers Residence) code assessable proposal with complying southern boundary setbacks (figure 13);

• A two storey code assessable commercial building with complying southern boundary setbacks (figure 14).

In reviewing the solar studies provided the following points are considered important in the assessment of the proposed development:

• The most substantial shadow impact period to the child care centre is in winter whilst the playground area of the adjacent Childcare Centre receives reasonable access to sunlight in other seasons.


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• The overshadowing caused by the development during the early morning impacts approximately 40%-50% of the playground area (western end) which is an area that currently receives significant shading as a result of the existing shade sails and the existing building on the subject site. The applicant has stated that, “the main play area that is uncovered would still be in shadow by even a single storey building (up to 4.5m) and associated side boundary fencing.”

• The variance in shadow impact caused by the proposed development when compared with that of a code assessable two storey office building is minor given the reduced setbacks that the latter can profit from.

Under the Planning Scheme there are no assessment provisions regarding shadowing of neighbouring allotments under the Local Business Domain Place Code or Low Rise Apartment Building Specific Development Code.


Passive Smoking • “Passive smoking from South

facing balconies will be an issue.”

Smoking impacts are not specific amenity considerations raised by the Planning Scheme. The applicant has raised no objection in the assessment stage of this development application to the conditioning of any approval that the proposed outdoor communal open space area is to be a ‘no smoking’ zone.


Density:

• “Over intense use on the site commercial use is only 10% of overall site usage proposed.”

Please refer to section 7.2 - Assessment against Planning Scheme, Local Business Domain Place Code - Acceptable Solution AS3.1.1 in relation to accommodation density.


Easement

• “Landscaping in access easement may breach terms of easement regarding access and car parking rights.

• Construction Vehicles may use

The proposed landscaping within the registered easement is considered not to be in contravention the easement title agreement. Specific agreement points as listed within the registered easement document specifically detail that Grantors shall not at any time obstruct the right-of-way or do anything from time to time that will prevent or restrict the Grantee and other persons being entitled to the use


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access easement.” of the right-of-way. It is also expressly agreed within the registered easement agreement that car parking spaces within the easement are for temporary parking only. The through access between the two sites is controlled by the Registered Easement for the purposes of a right-of-way, the management of which is a matter between the respective benefitting/burdened property owners of 36 Commerce Drive and 209 Ron Penhaligon Way and not Council. This is not deemed to be a planning matter but a matter for the two parties of the easement to manage. As such, these points of objection are not considered to be valid grounds for the refusal of the application.

Zoning and primary purpose of proposed building

• “Both the former and current Schemes intend that Local Business or Neighbourhood centre zoned land is intended to be used primarily for non-residential uses and not to create or extend ‘residential neighbourhoods’ one building at a time as proposed by the development.”

Please refer to section 7.2 - Assessment against Planning - intent statement and officer’s comments for the Local Business Domain.


Position on site and setbacks to align at frontage

• “The front setback of the development will detract from the streetscape.”

Please refer to section 7.2 - Assessment against Planning Scheme, Local Business Domain Place Code - Acceptable Solution AS2.1.1 and AS2.2 in relation to building setback.


Lack of open space Please refer to section 7.2 - Assessment against Planning Scheme, Low Rise Apartment Building Specific Development Code - Acceptable Solution AS5.1 in relation to communal open space.


Fence

• “Removing fence to replace along Child Care boundary reduces

The proposed fencing is an as of right development component up to 2.0m in height. The applicant submitted an acoustic report recommending a 2.4 metre high acoustic barrier to be constructed along the southern property boundary. This will ensure


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privacy.” privacy and appropriate acoustic treatments for the proposed and existing uses,


Acoustics

• “A submission stated that that due to the noise impacts that will occur (as documented in the noise assessment) from surrounding commercial activities upon the proposed apartments, the development should be reduced in height with ground level commercial uses and one level of apartments.”

It is not reasonable for the development to reduce its height based on the noise emitted from surrounding commercial activities. As indicated in the acoustic statement provided by the applicant, “surrounding noise levels can be adequately attenuated through inclusion of certain construction materials for the apartments to ensure all noise requirements are met.”

It is considered that noise impacts from the development will not cause any unreasonable noise impacts to the child care centre however it is possible that the proposed development will require acoustic measures to treat noise impacts form the child care centre itself.

An assessment has been completed by Health and Regulatory Services officers with conditions issued in relation to an acoustic report to be submitted prior to building approval and an acoustic barrier to be provided.


Potential traffic safety risks

• “Entry and exit to childcare centre site lines.

• Multiple Crossovers in short distance of each other.”

• Amended plan condition 1 has requested that “a pedestrian sight triangle located on the northern (entry) side of the northern driveway in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. Sight triangles are required on both sides of driveways used by commercial vehicles. References on plans to ‘site’ triangles should also be amended to ‘sight’ triangles so that their purpose is clear.”

• Reference is made to the Performance Criteria PC10 of the Car Parking, Access and Transport Codes of the Gold Coast Planning Scheme 2003. The applicant originally sought to combine the southern vehicular entry with the vehicular crossing of the adjacent Child Care Centre site. City Assets does not support the combined crossover as this will result in conflict and interference with traffics and pedestrians from the two individual sites. Amended plans were


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provided by the applicant in response to an information request showing a 3 metre separation from the adjacent crossing and a separation of 1.5 m from the side boundary at the frontage complying with PC10, AS10.1, AS10.2 and AS10.3 of the Car Parking, Access and Transport Codes of the Gold Coast Planning Scheme 2003 detailed below for ease of reference:

− AS10.1 The maximum number of crossovers for residential developments is one for detached dwelling properties and two for multiple unit dwelling complexes.

− AS10.2 The maximum number of crossovers for non-residential developments is two crossovers per property.

− AS10.3 A vehicle crossover is separated from any other vehicle crossover by a minimum distance of three metres.


Construction phase issues:

• “Building demolition releasing harmful material’s into the air.

• Will there be sufficient controls on potential soil erosion, dust pollution, material and stormwater runoff from the building site?

• Construction noise affecting children in the Child Care Centre on the adjacent lot.

• Construction and fence replacement being undertaken on Child Care centre land.”

As a part of the development approval conditions, construction management plans are requested to be lodged prior works being undertaken which are to detail:

• Vehicle access;

• Traffic management;

• Parking of vehicles;

• Maintenance of safe pedestrian movement;

• Building waste / refuse disposal;

• Presentation of hoarding to the street;

• Tree management. Along with the abovementioned condition requirements the following standard construction management conditions are also included.

• Noise management

• Dust management

• Haulage access / site management

• Transport of soil/fill/excavated material

• Water usage


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• Workplace health and safety

• Public safety to be ensured As such, these points of objection are not considered to be valid grounds for the refusal of the application.

Figure 10: Southern building elevation showing privacy screens


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Figure 11: Privacy screening view analysis

Figure 12: Proposed development winter 9am solar study


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Figure 13: Partial third storey Mixed Use (Office & Caretakers Residence) code assessable

winter 9am solar study


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Figure 14: Two storey code assessable commercial building with complying southern

boundary setbacks winter 9am solar study.

14 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

Not applicable.

15 CONCLUSION

A thorough assessment of the application has determined that although seven (7) alternative solutions are proposed in relation to building height, density, building setbacks and car parking provision, the proposed development is considered to generally comply with the acceptable solutions of the applicable codes and ensures an appropriate outcome can be achieved for the site. Where required, conditions have been included in the officer’s recommendation for approval to ensure compliance with the relevant performance criteria.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 16 NOTIFICATIONS

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

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.

Study/Media Rooms

There are development approval conditions prohibiting the conversion of study and/or media rooms into additional bedrooms. 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.

Stormwater Treatment Upkeep

Prior to the issue of a certificate of classification, a notation shall be applied to the rates card of each property stating that 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 stormwater treatment cartridges have been replaced and functioning as designed.

17 RECOMMENDATION

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

Real property description Lot 1 on RP906995 Address of property 36 - 38 Commerce Drive Robina Area of property 1,050m2 Decision type Development Permit for a Material Change of Use

(Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises

Further development permits Building Works, Plumbing and Drainage, Operational Works (Landscape Works)

Further compliance permits Advertising Devices Compliance assessment required for documents or works

N/A


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NATURE OF DECISION

A Council approves the issue of a Development Permit for a Material Change of Use (Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises, subject to the following conditions:

APPROVED DRAWINGS

1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Author

DA0001 B Site Plan & Data Apr 2016 Paul Zuikelis Architects DA1000 B Basement Floor Plan Apr 2016 Paul Zuikelis Architects

DA1001 B Level 1 Ground Floor Plan Apr 2016 Paul Zuikelis Architects

DA1002 B Level 2 Floor Plan Apr 2016 Paul Zuikelis Architects



DA1005 B Roof Plan Apr 2016 Paul Zuikelis Architects

DA2001 B Western Elevation Apr 2016 Paul Zuikelis Architects

DA2002 B Northern Elevation Apr 2016 Paul Zuikelis Architects

DA2003 B Eastern Elevation Apr 2016 Paul Zuikelis Architects

DA2004 B Southern Elevation Apr 2016 Paul Zuikelis Architects

DA3001 B Section A-A Apr 2016 Paul Zuikelis Architects

DA3002 B Section B-B Apr 2016 Paul Zuikelis Architects

DA3003 B Section C-C Apr 2016 Paul Zuikelis Architects

DA5001 B Privacy Screening Plan Apr 2016 Paul Zuikelis Architects

DA5002 B Privacy Screening Views Apr 2016 Paul Zuikelis Architects

showing the following amendments: i All car parking spaces located at Ground Level are to be unallocated.

Spaces should not be designated to staff or visitors, so that parking can be shared between commercial uses and residential visitors.

ii A pedestrian sight triangle located on the northern (entry) side of the northern driveway in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. Sight triangles are required on both sides of driveways used by commercial vehicles. References on plans to ‘site’ triangles should also be amended to ‘sight’ triangles so that their purpose is clear.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i the commencement of any works on the site.

c The amended plans/drawings, when approved by Council, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned


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to the applicant. The development must be carried out in general accordance with the approved plans/drawings.

2 Changes requiring further approval

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

Timing

At all times.

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

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

Timing


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

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

Timing

At all times.

5 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

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.


111 Adopted Report


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

6 Advertising device approval required

No advertising device is to be erected on the premises without the necessary 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.

Timing

At all times.

AMENITY

7 Hours of operation for Take-Away Food Premises and Office Uses

a All activities associated with the operation of the Take-Away Food Premises and Office are to be conducted only between the hours of 7:00am to 10:00pm on Monday to Sunday.

Timing

At all times once the use has commenced.

8 Location of equipment and ventilation/refrigeration units

All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.

Timing

At all times once the use has commenced.

9 Refuse storage area

A screened refuse storage area must be located on-site and be connected to the internal plumbing and drainage system to the satisfaction of the Chief Executive Officer.

Timing

Prior to the commencement of the use and maintained for the life of the development.

10 No nuisance from lighting

All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists

Timing

At all times.

11 Designated Smoking and No Smoking Area

A designated smoking area is to be provided on site with a no smoking designation to be placed over the communal open space and barbecue area on the ground floor adjacent

Timing

At all times.


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to the southern boundary to the satisfaction of the Chief Executive Officer.

12 Use of Studies

Rooms illustrated on the floor plans of the various dwelling units as ‘Study’ must not be converted into additional bedrooms. The community management statement for the building is to preclude the ‘Study’ areas being converted to a bedroom at any time. A Notation to this effect has been attached the property.

Timing

At all times.

CONSTRUCTION MANAGEMENT

13 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.











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

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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.



113 Adopted Report


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


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.

14 Noise management

a Noise from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b 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


v identify the procedures to be adopted for

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114 Adopted Report


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. 15 Dust management

a The release of dust and particulate matter from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b 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






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

Timing


16 Haulage access / site management

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

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

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115 Adopted Report


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

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

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

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

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

17 Transport of soil/fill/excavated material

During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must




Timing


18 Water usage

The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of

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116 Adopted Report


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





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.

19 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.

Timing


20 Public safety to be ensured

The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.

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117 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.

BASEMENT EXCAVATION

22 Basement excavation and ground anchoring issues

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

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

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

Advisory note:

• The installation of any ground anchors into any adjacent

Timing

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


118 Adopted Report


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.

23 Certification of basement excavation stability

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

Timing

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

CAR PARKING AND ACCESS

24 Off street car parking facilities

a Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of Council, in accordance with AS2890.1 (latest version).

b Off-street facilities for car parking must only be used for vehicle parking.

c A minimum combined total of 35 off-street car parking spaces must be provided, where at least 10 spaces are provided in a shared arrangement for commercial uses and residential visitors, and at least 25 spaces are provided for residents.

d Off-street car parking facilities must be drained, sealed and line marked.

Timing


25 Tandem car parking spaces

Tandem car parking spaces must be allocated to residents of the same unit only.

Timing

At all times.

26 Freely accessible car parking

a All car parking located at Ground Level must be accessible, not subject to regulations or restrictions, to staff and bona fide visitors for the duration of any visit to the site.

b Car parking located at Ground Level must have no

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119 Adopted Report


gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces.

27 Bicycle parking

a Bicycle parking facilities must be provided to the satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with: i A minimum of 15 Class 2 bicycle parking spaces

for residents; ii A minimum of 4 Class 3 bicycle parking spaces

for visitors; iii Austroads Guides to Traffic Engineering: Part 14;

and iv AS2890.3.

b The bicycle parking spaces are to: i Enable wheels and frame to be located to the

device without damaging the bicycle; 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.

Timing


28 Loading and unloading

a Loading and unloading of a vehicle servicing a development must be conducted wholly within the site.

b A vehicle or vehicles waiting to be loaded or unloaded must stand entirely within the site.

c All vehicles must enter and exit the site in a forward gear.

d The largest vehicle permitted on-site is a Small Rigid Vehicle (SRV). The dimensions of the vehicle are to be generally in accordance with AS2890.2.

Timing

At all times.

29 Off-street commercial vehicle facilities

a Off-street commercial vehicle facilities must be designed, constructed and maintained to the satisfaction of Council, in accordance with AS2890.2-2002 (latest version).

b Off-street commercial vehicle facilities must only be used for loading and unloading.

c Off-street commercial vehicle facilities must be



120 Adopted Report


drained, sealed and line marked. 30 Signage - service vehicle loading bay

Adequate signage within the site must be provided to identify the service vehicle loading bay located at Ground Level.

Timing

Prior to the commencement of the use.

31 Signs and line marking

In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of Council: a Signage, located within the site, visible to entering

vehicles, including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording giving direction to staff and visitor parking.

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

c Signs and line marking to give direction to bicycle parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

Timing


32 Alterations in road reserve to provide equitable access

Any alterations in the road reserve must provide for equitable access, including satisfaction of the requirements of AS1428 Design for access and mobility as if they applied to the road reserve.

Timing

At all times.

VEHICULAR CROSSINGS AND DRIVEWAYS

33 Sight lines to pedestrians

Where a driveway is two lane, two way and meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. Sight lines must be provided on both sides of the northern driveway, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2, and on the departure side of the southern driveway, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The sight lines must be 2 metres wide, and extend for a length of 2.5 metres back into the site. The area within these sight triangles must be kept clear of obstructions to visibility.


FOOTPATHS AND BIKEWAYS

34 Footpaths

The applicant must design and construct concrete footpaths

Timing Prior to the commencement of the


121 Adopted Report


as follows: i A minimum 1.2 m wide path linking the site’s

pedestrian entry to the existing path located within the verge of Commerce Drive.

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

Information note:

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

use.

WASTE

35 Bulk bins – storage point within building structure

The bulk bin storage point within the building must be located and constructed within a purpose-built storage room, in accordance with Basement Floor Plan prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027). The design and construction of the storage room must comply with the following requirements: a Air-locked b Fly and vermin proofed c Used solely for the storage of waste d Constructed hardstand area with a solid concrete base

or acceptable equivalent e Graded to fall to a drainage point f Drainage point to be connected to sewer in accordance

with trade waste requirements g Provided with a hosecock for cleaning the bins h Fire rated and ventilated in accordance with the

‘National Construction Code – Building Code of Australia’

i The doors must be wide enough to allow for the easy removal of the largest container to be stored

j 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

k Graded floor to fall to a drainage point/s, connected to sewer in accordance with trade waste requirements

l Adequate artificial lighting must be provided m 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

Timing

Prior to occupation


122 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 36 Bulk bins – servicing point

The bulk bin servicing point must be located in accordance with Level 1 Ground Floor Plan prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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 Not be situated within twenty (20) metres of an

intersection (including opposite a T-intersection) or roundabout

i 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.

j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site.

Timing

Prior to occupation

37 Waste chute – design and construction

The waste chute must be located in accordance with plans prepared by prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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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Prior to occupation


123 Adopted Report


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

38 Waste disposal points – design and construction

A waste disposal point / hopper must be located on each residential floor in accordance with plans prepared by prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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

Timing

Prior to occupation

39 Recyclable storage

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

Timing Prior to occupation

ACOUSTICS

40 Acoustic report – prior to building approval

An acoustic report must be submitted and approved by Council. The report shall include:

a The expected impact of noise from the existing commercial development on the proposed noise sensitive elements of the development and the impact of noise from the proposed development on the noise sensitive components of the proposed development. Current measured background levels during the

Timing Prior to Building Approval


124 Adopted Report


proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all noise sources (e.g. loading dock/delivery activities, car park noise, patron noise, amplified music, all mechanical plant and equipment, industrial noise, 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. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

41 Air conditioning

Air conditioning must be provided to all habitable rooms within the development to ensure noise-affected units have adequate ventilation with a closed façade.

Timing At all times

42 Acoustic barrier

A 2.4 metre high acoustic barrier must be designed and constructed in accordance with ‘Sketch 1’ of the acoustic report prepared by CRG Acoustics Pty Ltd dated 6 April 2016 (reference:16024 Letter 06_04_16).

Timing Prior to the occupation of the development

VEHICULAR CROSSINGS AND DRIVEWAYS

43 Vehicular crossings

a A vehicular crossing (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial,

commercial and multi unit residential. b The applicant must apply for and obtain a licence from

Council for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the

satisfaction of the Chief Executive Officer. d Vehicular crossing must be separated from any other

vehicular crossing by a minimum distance of 3 metres.

Timing

Prior to commencement of the use on the site.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 44 Redundant vehicular crossings

All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.

Timing

Prior to the commencement of the use.

45 Domestic (Residential) driveways – gradients and geometry

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

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

iii Sight distance to comply to above. b Where the gradient of driveway/s exceeds 12.5%, safe

pedestrian access facilities must be provided to Council’s satisfaction (eg. handrails, steps and/or cleats).

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

Timing

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

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

46 Reconstruction of kerb and channel / footpath

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

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when

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Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.


126 Adopted Report


constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

47 Removal of redundant stormwater kerb adaptors / service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

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

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

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

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

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

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

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

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

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

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

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


127 Adopted Report


obtain the necessary approvals from the relevant public utility authority prior to works commencing.

HYDRAULICS AND STORMWATER MANAGEMENT

49 No worsening of hydraulic conditions




Timing

At all times.

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.

Timing

At all times.

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 “Erosion and Sediment Control and Site Based Stormwater Management Plan, Rev A” dated July 2015 prepared by Cozens Regan Williams Prove Pty Ltd. 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 Certification of performance of the 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.

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Prior to the commencement of works on-site.


128 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 53 Maintenance of stormwater management 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 submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The SQID maintenance management plan must address the following: i The MMP must be prepared in accordance with

the approved stormwater management plan and the manufacturer’s maintenance manual;

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

iii 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 the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) 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.

Timing



129 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 54 GPT in basement car park

a A gross pollutant trap (hydrocarbon and litter separator) must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.

Timing

At all times.

b Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing

Compliance with (b) to occur prior to the commencement of the use of the premises.

55 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.

EROSION AND SEDIMENT CONTROL

56 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.







130 Adopted Report



LANDSCAPE WORKS ON PRIVATE LAND

57 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 to 6, Issue B, April 2016, Statement of Landscape Intent, Prepared by Mcleod Byrns Lardner;

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

iv and v Comply with City Plan Policy – Landscape Work;

and vi Demonstrate compliance with the following:

A Unless otherwise specified in these conditions, tree species must be native evergreen canopy shade trees with a minimum bag size of 100ltr at the time of planting;

B A minimum of two (2) trees within the frontage setback must be a minimum bag size of 200ltr at the time of planting;

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

D Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting;

E Screening shrubs within the frontage setback must be a minimum 300mm pot size at the time of planting;

F Hydrant booster and other service boxes must be screened by a timber batten

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.


131 Adopted Report


feature screen gate or similar consistent with the development;

G There must be two (2) screening shrubs planted directly in front of the bin storage area within the frontage setback;

H There must be a minimum of five (5) screening shrubs planted along the garden bed to the south of the northern vehicle access;

I There must be a one (1) large tree planted within the garden bed to the North of the northern vehicle access;

J There must be a minimum of six (6) screening shrubs planted at the interface with the car parking in the garden bed to the North of the northern vehicle access; and

K There must be a minimum of five (5) screening shrubs along the Southern boundary garden bed that reach a minimum of three (3) metres at maturity.

58 Tree planting in podiums

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 Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan;

c An automatic irrigation system must be provided to all podium planter boxes;

d 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;

Timing

At all times.

59 Trellis and Arbors

The applicant must submit with the application for operational works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis and/or arbor systems. The management plan must: a Provide detailed information as to how the irrigation

and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices;

b Provide details of the minimum standards to which

Timing

In the wording of the condition.


132 Adopted Report


these systems must be maintained; c Stipulate a maintenance schedule for these systems;

and d Describe actions to be taken if the systems should fail

to function as intended. 60 Fencing

Any frontage fencing for this development must comply with the following: a The proposed fencing in the above referenced

Statement of Landscape Intent.

Timing

At all times.

SEWERAGE

61 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.

62 Sewer reticulation

a The development must be connected to Council’s sewer reticulation system at the applicant’s cost.

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

Timing

Prior to commencement of the use of the premises.


133 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 63 Design, construction and standard of sewer reticulation

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

Timing

At all times.

64 Connection point

The existing Manhole 6/215 (S027-00103M) located near the north western corner of the property, within Lot 16 on RP 211949, must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing

Prior to the commencement of the use of the premises.

65 Connections and disconnections – arrangements with Gold Coast Water

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

Timing

Prior to connection to existing infrastructure.

66 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 Development and Connections Policy and Procedure.

Timing

Prior to the earlier of acceptance of any works ‘On Maintenance’ or the commencement of the use of the premises.

67 Ownership, operation and maintenance of private sewerage infrastructure

Private sewer reticulation located within the development site shall be privately owned, operated and maintained.

Timing

At all times.

WATER SUPPLY RETICULATION

68 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply system, at the applicant’s cost.

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

Timing

Prior to commencement of use.

69 Design, construction and standard of water supply reticulation

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

Timing

At all times.


134 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 70 Connection point

The existing 150mm main in Commerce Drive must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing

Prior to the commencement of the use of the premises.

71 Installation of property service, water meter box and meter

The applicant must: a Submit an Operational Works (OPW) application, for

Council's approval, for water meters 40mm and above; b Following approval of the OPW (if required), make

application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant's cost.

Timing

Prior to the commencement of use of the premises.

72 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 For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

e Must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.

Timing

At the time of lodgement of the Plumbing and Drainage application.

73 Connections and disconnections – arrangements with Gold Coast Water

All connections and disconnections to the existing water network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection

Timing

Prior to connection to existing infrastructure.


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to the existing water network from Gold Coast Water (phone 1300 694 222).

74 Supply standard

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

Timing

At all times.

75 Fire loading

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

At all times.

76 Ownership, operation and maintenance of private water infrastructure

Private water reticulation located within the development site shall be privately owned, operated and maintained.

Timing

At all times.

77 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


78 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


ADVISORY NOTES TO APPLICANT

B Conditions contained within the Decision Notice


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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 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.

E Applicant responsibilities

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




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


137 Adopted Report


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 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.

G Greenhouse gas emissions

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

H Infrastructure charges


I Obligation to ensure electrical safety

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline.


138 Adopted Report


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.

J Water restrictions to be complied with

All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

Author: Authorised by: Samuel Watson Dyan Currie Town Planner Director Planning and Environment July 2016


139 Adopted Report


Committee Recommendation Changed At Council Meeting 26 July 2016 COMMITTEE RECOMMENDATION CP16.0720.002 moved Cr P J Young seconded Cr G O'Neill That Council resolves as follows:

Real property description Lot 1 on RP906995 Address of property 36 - 38 Commerce Drive Robina Area of property 1,050m2 Decision type Development Permit for a Material Change of Use

(Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises

Further development permits Building Works, Plumbing and Drainage, Operational Works (Landscape Works)

Further compliance permits Advertising Devices Compliance assessment required for documents or works

N/A

NATURE OF DECISION

A Council approves the issue of a Development Permit for a Material Change of Use (Impact Assessable) to Establish Apartments (15 Units), Office and Take-Away Food Premises, subject to the following conditions:

APPROVED DRAWINGS 1 Amended plans/drawings to be submitted

a Amended plans/drawings must be submitted generally in accordance with: Plan No. Rev. Title Date Author DA0001 B Site Plan & Data Apr 2016 Paul Zuikelis Architects DA1000 B Basement Floor Plan Apr 2016 Paul Zuikelis Architects DA1001 B Level 1 Ground Floor Plan Apr 2016 Paul Zuikelis Architects DA1002 B Level 2 Floor Plan Apr 2016 Paul Zuikelis Architects DA1003 B Level 3 Floor Plan Apr 2016 Paul Zuikelis Architects DA1004 B Level 4 Floor Plan Apr 2016 Paul Zuikelis Architects DA1005 B Roof Plan Apr 2016 Paul Zuikelis Architects DA2001 B Western Elevation Apr 2016 Paul Zuikelis Architects DA2002 B Northern Elevation Apr 2016 Paul Zuikelis Architects DA2003 B Eastern Elevation Apr 2016 Paul Zuikelis Architects DA2004 B Southern Elevation Apr 2016 Paul Zuikelis Architects DA3001 B Section A-A Apr 2016 Paul Zuikelis Architects DA3002 B Section B-B Apr 2016 Paul Zuikelis Architects DA3003 B Section C-C Apr 2016 Paul Zuikelis Architects DA5001 B Privacy Screening Plan Apr 2016 Paul Zuikelis Architects DA5002 B Privacy Screening Views Apr 2016 Paul Zuikelis Architects


140 Adopted Report


showing the following amendments: i All car parking spaces located at Ground Level are to be unallocated.

Spaces should not be designated to staff or visitors, so that parking can be shared between commercial uses and residential visitors.

ii A pedestrian sight triangle located on the northern (entry) side of the northern driveway in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. Sight triangles are required on both sides of driveways used by commercial vehicles. References on plans to ‘site’ triangles should also be amended to ‘sight’ triangles so that their purpose is clear.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i the commencement of any works on the site.

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

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


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.



141 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 5 Notice of works timetable

The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of

the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works,

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site.

ADVERTISING DEVICES 6 Advertising device approval required

No advertising device is to be erected on the premises without the necessary 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.


AMENITY 7 Hours of operation for Take-Away Food Premises and

Office Uses a All activities associated with the operation of the Take-

Away Food Premises and Office are to be conducted only between the hours of 7:00am to 10:00pm on Monday to Sunday.


8 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.


9 Refuse storage area A screened refuse storage area must be located on-site and be connected to the internal plumbing and drainage system

Timing Prior to the commencement of the use and maintained for


142 Adopted Report


http://www.goldcoast.qld.gov.au/forms-applications.html

http://www.goldcoast.qld.gov.au/forms-applications.html


to the satisfaction of the Chief Executive Officer. the life of the development.

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


11 Designated Smoking and No Smoking Area A designated smoking area is to be provided on site with a no smoking designation to be placed over the communal open space and barbecue area on the ground floor adjacent to the southern boundary to the satisfaction of the Chief Executive Officer.


12 Use of Studies Rooms illustrated on the floor plans of the various dwelling units as ‘Study’ must not be converted into additional bedrooms. The community management statement for the building is to preclude the ‘Study’ areas being converted to a bedroom at any time. A Notation to this effect has been attached the property.


CONSTRUCTION MANAGEMENT 13 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.








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.



143 Adopted Report





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


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.

14 Noise management a Noise from construction activities must not cause an

‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b 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



144 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.

15 Dust management a The release of dust and particulate matter from

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b 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






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


16 Haulage access / site management a Prior to the commencement of works, the applicant

must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers



145 Adopted Report


approved by the Chief Executive Officer. b Loading/unloading operations must be conducted

entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

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

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

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

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

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

17 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must






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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 18 Water usage

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







19 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.


20 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to,



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erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.

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.

BASEMENT EXCAVATION 22 Basement excavation and ground anchoring issues

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

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

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

Advisory note: • The installation of any ground anchors into any adjacent

private property will require approval of the relevant

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


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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.

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

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

CAR PARKING AND ACCESS 24 Off street car parking facilities

a Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of Council, in accordance with AS2890.1 (latest version).

b Off-street facilities for car parking must only be used for vehicle parking.

c A minimum combined total of 35 off-street car parking spaces must be provided, where at least 10 spaces are provided in a shared arrangement for commercial uses and residential visitors, and at least 25 spaces are provided for residents.

d Off-street car parking facilities must be drained, sealed and line marked.


25 Tandem car parking spaces Tandem car parking spaces must be allocated to residents of the same unit only.


26 Freely accessible car parking a All car parking located at Ground Level must be

accessible, not subject to regulations or restrictions, to staff and bona fide visitors for the duration of any visit to the site.

b Car parking located at Ground Level must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces.



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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 27 Bicycle parking

a Bicycle parking facilities must be provided to the satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with: i A minimum of 15 Class 2 bicycle parking spaces

for residents; ii A minimum of 4 Class 3 bicycle parking spaces

for visitors; iii Austroads Guides to Traffic Engineering: Part 14;

and iv AS2890.3.

b The bicycle parking spaces are to: i Enable wheels and frame to be located to the

device without damaging the bicycle; ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking

manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles

and opening car doors; vi Be as close as possible to the cyclists ultimate

destination; vii Be well lit by appropriate existing or new lighting;

and viii Be protected from the weather.


28 Loading and unloading a Loading and unloading of a vehicle servicing a

development must be conducted wholly within the site. b A vehicle or vehicles waiting to be loaded or unloaded

must stand entirely within the site. c All vehicles must enter and exit the site in a forward

gear. d The largest vehicle permitted on-site is a Small Rigid

Vehicle (SRV). The dimensions of the vehicle are to be generally in accordance with AS2890.2.


29 Off-street commercial vehicle facilities a Off-street commercial vehicle facilities must be

designed, constructed and maintained to the satisfaction of Council, in accordance with AS2890.2-2002 (latest version).

b Off-street commercial vehicle facilities must only be used for loading and unloading.

c Off-street commercial vehicle facilities must be drained, sealed and line marked.


30 Signage - service vehicle loading bay Adequate signage within the site must be provided to identify the service vehicle loading bay located at Ground Level.

Timing Prior to the commencement of the use.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 31 Signs and line marking

In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of Council: a Signage, located within the site, visible to entering

vehicles, including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording giving direction to staff and visitor parking.

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

c Signs and line marking to give direction to bicycle parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.


32 Alterations in road reserve to provide equitable access Any alterations in the road reserve must provide for equitable access, including satisfaction of the requirements of AS1428 Design for access and mobility as if they applied to the road reserve.


VEHICULAR CROSSINGS AND DRIVEWAYS 33 Sight lines to pedestrians

Where a driveway is two lane, two way and meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. Sight lines must be provided on both sides of the northern driveway, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2, and on the departure side of the southern driveway, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The sight lines must be 2 metres wide, and extend for a length of 2.5 metres back into the site. The area within these sight triangles must be kept clear of obstructions to visibility.


FOOTPATHS AND BIKEWAYS 34 Footpaths

The applicant must design and construct concrete footpaths as follows:

i A minimum 1.2 m wide path linking the site’s pedestrian entry to the existing path located within the verge of Commerce Drive.

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



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which show the location of footpaths, is not to be taken as an approval to construct such paths.

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

WASTE 35 Bulk bins – storage point within building structure

The bulk bin storage point within the building must be located and constructed within a purpose-built storage room, in accordance with Basement Floor Plan prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027). The design and construction of the storage room must comply with the following requirements: a Air-locked b Fly and vermin proofed c Used solely for the storage of waste d Constructed hardstand area with a solid concrete base

or acceptable equivalent e Graded to fall to a drainage point f Drainage point to be connected to sewer in accordance

with trade waste requirements g Provided with a hosecock for cleaning the bins h Fire rated and ventilated in accordance with the

‘National Construction Code – Building Code of Australia’

i The doors must be wide enough to allow for the easy removal of the largest container to be stored

j 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

k Graded floor to fall to a drainage point/s, connected to sewer in accordance with trade waste requirements

l Adequate artificial lighting must be provided m 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

Timing

Prior to occupation

36 Bulk bins – servicing point The bulk bin servicing point must be located in accordance with Level 1 Ground Floor Plan prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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

Timing

Prior to occupation


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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 Not be situated within twenty (20) metres of an

intersection (including opposite a T-intersection) or roundabout

i 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.

j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site.

37 Waste chute – design and construction The waste chute must be located in accordance with plans prepared by prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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

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

Timing

Prior to occupation


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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

38 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with plans prepared by prepared by Paul Ziukelis Architects dated April 2016 (Project No. 16_027), 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

Timing

Prior to occupation

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

Timing Prior to occupation

ACOUSTICS 40 Acoustic report – prior to building approval

An acoustic report must be submitted and approved by Council. The report shall include:

a The expected impact of noise from the existing commercial development on the proposed noise sensitive elements of the development and the impact of noise from the proposed development on the noise sensitive components of 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;

b Assessment of all noise sources (e.g. loading dock/delivery activities, car park noise, patron noise, amplified music, all mechanical plant and equipment, industrial noise, 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

Timing Prior to Building Approval


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accordance with the recommendations of the approved acoustic report and any other conditions imposed in the approval of the report. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

41 Air conditioning Air conditioning must be provided to all habitable rooms within the development to ensure noise-affected units have adequate ventilation with a closed façade.

Timing At all times

42 Acoustic barrier A 2.4 metre high acoustic barrier must be designed and constructed in accordance with ‘Sketch 1’ of the acoustic report prepared by CRG Acoustics Pty Ltd dated 6 April 2016 (reference:16024 Letter 06_04_16).

Timing Prior to the occupation of the development

VEHICULAR CROSSINGS AND DRIVEWAYS 43 Vehicular crossings

a A vehicular crossing (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial,

commercial and multi unit residential. b The applicant must apply for and obtain a licence from

Council for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the

satisfaction of the Chief Executive Officer. d Vehicular crossing must be separated from any other

vehicular crossing by a minimum distance of 3 metres.

Timing Prior to commencement of the use on the site.

44 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.


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

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

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


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gradient requirements. i Gradients must not exceed 1 in 4 (25%). ii Appropriate grade transitions shall be provided

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

iii Sight distance to comply to above. b Where the gradient of driveway/s exceeds 12.5%, safe

pedestrian access facilities must be provided to Council’s satisfaction (eg. handrails, steps and/or cleats).

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

ROAD RESERVE ALTERATIONS/RECONSTRUCTION 46 Reconstruction of kerb and channel / footpath

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

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


47 Removal of redundant stormwater kerb adaptors / service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).


ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE 48 Connection to, alteration or realignment of Council

infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure,

Timing Any connections, alterations or realignment must be


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

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

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

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

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

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

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

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

HYDRAULICS AND STORMWATER MANAGEMENT 49 No worsening of hydraulic conditions





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.



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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 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 “Erosion and Sediment Control and Site Based Stormwater Management Plan, Rev A” dated July 2015 prepared by Cozens Regan Williams Prove Pty Ltd. 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 Certification of performance of the 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.

53 Maintenance of stormwater management 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 submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The SQID maintenance management plan must address the following: i The MMP must be prepared in accordance with

the approved stormwater management plan and the manufacturer’s maintenance manual;

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

iii 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



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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 the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) 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.

54 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 commencement of the use of the premises.

55 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.

EROSION AND SEDIMENT CONTROL 56 Erosion and sediment control

a Erosion, sediment and dust control measures must be Timing During


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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.






construction/building works.

LANDSCAPE WORKS ON PRIVATE LAND 57 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 to 6, Issue B, April 2016, Statement of Landscape Intent, Prepared by Mcleod Byrns Lardner;

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

and iv Comply with City Plan Policy – Landscape Work;

and v Demonstrate compliance with the following:

A Unless otherwise specified in these

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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conditions, tree species must be native evergreen canopy shade trees with a minimum bag size of 100ltr at the time of planting;

B A minimum of two (2) trees within the frontage setback must be a minimum bag size of 200ltr at the time of planting;

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

D Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting;

E Screening shrubs within the frontage setback must be a minimum 300mm pot size at the time of planting;

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

G There must be two (2) screening shrubs planted directly in front of the bin storage area within the frontage setback;

H There must be a minimum of five (5) screening shrubs planted along the garden bed to the south of the northern vehicle access;

I There must be a one (1) large tree planted within the garden bed to the North of the northern vehicle access;

J There must be a minimum of six (6) screening shrubs planted at the interface with the car parking in the garden bed to the North of the northern vehicle access; and

K There must be a minimum of five (5) screening shrubs along the Southern boundary garden bed that reach a minimum of three (3) metres at maturity.

58 Tree planting in podiums 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 Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan;



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c An automatic irrigation system must be provided to all podium planter boxes;

d 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;

59 Trellis and Arbors The applicant must submit with the application for operational

works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis and/or arbor systems. The management plan must: a Provide detailed information as to how the irrigation

and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices;

b Provide details of the minimum standards to which these systems must be maintained;

c Stipulate a maintenance schedule for these systems; and

d Describe actions to be taken if the systems should fail to function as intended.

Timing In the wording of the condition.

60 Fencing Any frontage fencing for this development must comply with the following: a The proposed fencing in the above referenced

Statement of Landscape Intent.


SEWERAGE 61 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.



162 Adopted Report


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.

62 Sewer reticulation a The development must be connected to Council’s

sewer reticulation system at the applicant’s cost. b The sewer property service connection shall be a

minimum 150mm, in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to commencement of the use of the premises.

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


64 Connection point The existing Manhole 6/215 (S027-00103M) located near the north western corner of the property, within Lot 16 on RP 211949, must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to the commencement of the use of the premises.

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

Timing Prior to connection to existing infrastructure.

66 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 Development and Connections Policy and Procedure.

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or the commencement of the use of the premises.

67 Ownership, operation and maintenance of private sewerage infrastructure Private sewer reticulation located within the development site shall be privately owned, operated and maintained.



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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) TO ESTABLISH APARTMENTS (15 UNITS), OFFICE AND TAKE-AWAY FOOD PREMISES - LOT 1 ON RP906995 – 36 - 38 COMMERCE DRIVE, ROBINA – DIVISION 11 PN203464/01/DA1 WATER SUPPLY RETICULATION 68 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply system, at the applicant’s cost.

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

Timing Prior to commencement of use.

69 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).


70 Connection point The existing 150mm main in Commerce Drive must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing Prior to the commencement of the use of the premises.

71 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for

Council's approval, for water meters 40mm and above; b Following approval of the OPW (if required), make

application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant's cost.

Timing Prior to the commencement of use of the premises.

72 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.

Timing At the time of lodgement of the Plumbing and Drainage application.


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c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

e Must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.

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

Timing Prior to connection to existing infrastructure.

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


75 Fire loading Fire loading must not exceed 15L/s for 2 hours duration.


76 Ownership, operation and maintenance of private water infrastructure Private water reticulation located within the development site shall be privately owned, operated and maintained.


77 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.


78 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



165 Adopted Report


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.

ADVISORY NOTES TO APPLICANT B Conditions contained within the Decision Notice


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 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.

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



c Securing tenure/permission from the relevant owner to use private or public land


166 Adopted Report


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;



F 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.

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

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

I Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines.


167 Adopted Report



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.

J Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

CARRIED CHANGED AT COUNCIL 26 JULY 2016 RESOLUTION G16.0726.018 moved Cr Vorster seconded Cr Owen-Jones

That Committee Recommendation CP16.0720.002 be adopted, with the addition of a new 1a (i), as follows: The applicant is to provide opaque/frosted type glass on the southern elevation windows located in the type D unit ensuite/bathroom as well as the communal stairwell.

CARRIED UNANIMOUSLY


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http://www.deir.qld.gov.au/

ATTACHMENT 2.1


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ATTACHMENT 2.2


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ATTACHMENT 2.3 (page 1 of 10 pages)


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N

E

S

W 5:50 AM5:57 PM

3:00 PM

20 March

5:57 PM 20 March5:50 AM

3:00 PM

W

S

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N

16_026 36 Commerce Dr RobinaSun Studies - Proposed Development

Scenario 1

1 : 750Sun Study - Autumn 3pm

1

3D Sun Study - Autumn 3pm2

Sheet 1.03 ATTACHMENT 2.4 (page 1 of 6 pages)


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N

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S

W 5:50 AM5:57 PM

3:00 PM

20 March

5:57 PM 20 March5:50 AM

3:00 PM

W

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N

16-026 36 Commerce Drive, RobinaSun Studies - Partial 3 Storey Mixed Use Development

- Code Assessable and Compliant with AS10.1.1- Local Business Code

Scenario 2


1


Sheet 2.03


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N

E

S

W 5:50 AM5:57 PM

3:00 PM

20 March

5:57 PM 20 March5:50 AM

3:00 PM

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N

16-026 36 Commerce Drive, RobinaSun Studies - 2 Storey Commercial Development


Scenario 3


1


Sheet 3.03


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4:57 PM21 June

6:38 AM

9:00 AM

W

S

E

N

N

E

S

W

6:38 AM4:57 PM

9:00 AM

21 June

16_026 36 Commerce Dr RobinaSun Studies - Proposed Development

Scenario 1

3D Sun Study - Winter 9am2

1 : 750Sun Study - Winter 9am

1

Sheet 1.04


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4:57 PM21 June

6:38 AM

9:00 AM

W

S

E

N

N

E

S

W

6:38 AM4:57 PM

9:00 AM

21 June

16-026 36 Commerce Drive, RobinaSun Studies - Partial 3 Storey Mixed Use Development


Scenario 2



1

Sheet 2.04


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4:57 PM21 June

6:38 AM

9:00 AM

W

S

E

N

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6:38 AM4:57 PM

9:00 AM

21 June

16-026 36 Commerce Drive, RobinaSun Studies - 2 Storey Commercial Development


Scenario 3



1

Sheet 3.04


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M C L E O D BYRNS LARDNER

1. CONICAL SHAPED FEATURE TREES

FRAMING ENTRY DRIVE

2. MASS PLANTED STRAPPY LEAVED

GROUNDCOVERS

3. EVERGREEN ROUND HEADED STREET

TREES IN ROAD RESERVE

4. EVERGREEN CLIMBER TO COVER

FRONT WALL

5. DIRECTIONAL PAVEMENT

HIGHLIGHTS

6. RECREATIONAL FACILITIES

NORTH 50

SITE LANDSCAPE PLAN

CO

MM

ER

CE

DR

IVE

Evergreen Street TreeWaterhousea floribunda

planted within the road reserve

Evergreen Street Trees 2 x Waterhousea floribunda


Existing Euclyptus sp.

Climber to wallFicus pumila

Conical shaped trees2 x Elaeocarpus eumundii

Dianella caerulamass planted

Dianella caerulamass planted

Conical shaped trees3 x Elaeocarpus eumundii

Liriope muscarimass planted

Evergreen Street TreeWaterhousea floribunda


Plumeria obtusawith Strelitzia reginaeand Scleranthus biflorusbelow

Trachelospermum jasminoideson mesh screen above

Thysanolaena maximawith Liriope muscari edge

Giant Bromeliad in pots framing in-built lounge

3 x Pothos climberon scultptural metal supports / frames varying in heights 1200-2000mmwith Liriope muscari to surrounds

3

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6

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1. UPPER LEVEL PLANTER

LEVEL 2 LANDSCAPE PLAN

CO

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Syzgium sp. clipped and maintained as a hedge

Scleranthus biflorusplanted below hedge

NORTH 50

1


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RECREATIONAL CAPACITY PLAN & ANALYSIS

BUILDING POPULATION CAPACITY ANALYSIS

DEVELOPMENT BREAKDOWN

• 3 x 1 Bedroom Apartments

• 12 x 2 Bedroom Apartments

ASSUMED BUILDING POPULATION

100% OCCUPANCY

• 2 people x 3 = 6

• 2.5 people x 12 = 30

ASSUMED 90% OCCUPANCY

• 90% of 36 people = 32

RECREATIONAL CAPACITY ANALYSIS

ASSUMED RECREATIONAL OCCUPANCY

Occupants utilising recreational facilities (assumed 30% at any one time)

• 32 people x 30% = 10

The proposed development must demonstrate that up to 10 people can comfortably utilise the communal

open space areas at any one time.

RECREATIONAL CAPACITY PLAN

Open Space Function Area Spatial requirements Users

(m2) (m2 per person)

Gym Active recreation 36m2 5m2 7

Cinema Passive recreation 20m2 5m2 4

Dining Areas Passive recreation 15m2 3m2 5

Seating areas Passive recreation 12m2 3m2 4

Total usable Communal Open Space 135m2

Recreational Capacity 20

The results of the Recreational Capacity Plan indicate that 20 people can comfortably utilise the provided

communal open space areas at any one time.

1. BBQ FACILITY

2. OUTDOOR DINING AREA

3. FLOWERING FEATURE TREE

4. VINE COVERED PERGOLA

5. POTTED ACCENT PLANTS

6. CLIMBER ON SCULTPTURAL METAL SUPPORTS / FRAMES

VARYING IN HEIGHTS 1200-2000mm

7. IN BUILT SEATING LOUNGE

8. RAISED PLANTER TO SURROUNDS

8

32

4

6

1

7 55


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PLANT LIST & LANDSCAPE IMAGES

TRACHELOSPERMUM jasminoides

STRELITZIA reginae

ELAEOCARPUS eumundii

WATERHOUSEA floribunda

THYSANOLAENA maxima

SYZGIUM sp superior

ALCANTAREA imperialis

LIRIOPE muscari

POTHOS sp.

PLUMERIA obtusa

DIANELLA caerula

SCLERANTHUS biflorus

FICUS pumelia

PROPOSED PLANT PALETTE

SPECIES NAME COMMON NAMETREES

ELAEOCARPUS ‘eumundii’ EumundiiPLUMERIA obtusa FrangipaniWATERHOUSEA floribunda Weeping Lilly Pilly

SHRUBS

ALCANTAREA imperialis BromeliadSTRELITZIA reginae Bird of ParadiseSYZGIUM sp. Lily PilyTHYSANOLAENA maxima Tiger Grass

GROUNDCOVERS

DIANELLA caerula Flax LilyLIRIOPE muscarii Evergreen Giant SCLERANTHUS biflorus Canberra Grass

CLIMBERS

FICUS pumelia Creeping FigPOTHOS sp. Devil’s IvyTRACHELOSPERMUM jasminoides Star Jasmine Other species may be selected based upon the design principles


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Document: #55151264 Page 1 of 6

Infrastructure Charge Notice To: CLEANSKIN PROJECTS UNIT TRUST

C/- TAYLOR WILLIS TOWN PLANNERS PO BOX 10282 SOUTHPORT BC QLD 4215

Cc: TUNO INVESTMENTS PTY LTD

PO BOX 495 VARSITY LAKES QLD 4227

Land to which charges apply

The land to which the charges in this notice apply is.

Property description LOT1 RP906995 Property address 36 - 38 COMMERCE DRIVE ROBINA

Total levied charge payable $ 264,300.00

+ADJUSTMENTS AND/OR REVIEWS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.

Payment details

Payment of the charges must be made in accordance with the “How to pay methods” section of this notice.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and

(b) The increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average.

‘3-yearly PPI index average’ and ‘PPI index’ have the meanings given in the Sustainable Planning Act 2009. As the levied charge amount is current at the date of issue, the total charges due at the date of payment may be greater.

Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of Council’s Local Government Infrastructure Plan (LGIP). If applicable, details of the offset amounts will be quantified on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.



191 Adopted Report


Authority for charge

The charges in this notice are payable in accordance with the Sustainable Planning Act 2009.

GST The Federal Government has determined that contributions made by developers to Government for infrastructure and services under the Sustainable Planning Act 2009 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].


192 Adopted Report


Infrastructure Charge Notice

Thursday, 02 June 2016 Application PN203464/01/DA1 Site address 36 - 38 COMMERCE DRIVE, ROBINA Application number & code 201500955 MCU Application description APARTMENTS X 15, OFFICE & TAKE-AWAY PREMISES Officer name Tarryn Dreyer

Charge calculation

Charges Resolution v1.1 of 2015 Qty Rate Gross Charge Amount Apartment (1 Bedroom) 3 Dwellings @ $ 20,000.00 $ 60,000.00 Apartment (2 Bedroom) 12 Dwellings @ $ 20,000.00 $ 240,000.00 Commercial (Office) 150 sq m Gross Floor Area @ $ 140.00 $ 21,000.00 Commercial (Retail) 35 sq m Gross Floor Area @ $ 180.00 $ 6,300.00 $ 327,300.00

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

$ 327,300.00 $ 63,000.00 $ 264,300.00 Applied credit Credit applied for existing commercial building at approximately 350m2.

Office Use Only $ 146,686.50 OTHINF $ 88,804.80 SEWINF $ 28,808.70 WTRINF

$ 264,300.00


193 Adopted Report


INFORMATION NOTICE

DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Council of the City of Gold Coast has issued this Infrastructure Charges Notice as a result of the additional demand placed upon trunk infrastructure that will be generated by the development.

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to

give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;

(b) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(c) there was no decision about an offset or refund; (d) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.


194 Adopted Report


SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS TO A BUILDING AND DEVELOPMENT COMMITTEE FOR INFRASTRUCTURE CHARGES NOTICE

535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development

committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(b) there was no decision about an offset or refund; (c) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.


195 Adopted Report


How to pay methods

Pay by mail Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address: Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $50,000 using credit card) Payments by credit card will incur a 0.60% surcharge. Customer Service Centres Monday to Friday 8.15am to 4.30pm Broadbeach 61 Sunshine Boulevard, Mermaid Waters Bundall 8 Karp Court, Bundall Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale Nerang 833 Southport Nerang Road, Nerang Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222 (7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre Open hours; cityofgoldcoast.com.au

goldcoast.qld.gov.au


196 Adopted Report

ITEM 3 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 Refer 4 page attachment Preamble to Officer’s Assessment

The development application was considered by the Council’s City Planning Committee (Meeting Number 710) on Tuesday, 9th December 2015, with Council to make a final decision at Full Council on the 11th December 2015.

In accordance with the recommendation of Council Officers, the City Planning Committee recommended that the development application be refused.

The applicant contacted Council officers and requested that further representations be made to facilitate the assessment of the application and consideration of the development’s impacts. Subsequently, the application was formally deferred by the way of Council resolution number G15.1211.025 at the Council Meeting (11th December 2015).

The resolution required the application be taken back to the City Planning Committee following Officer’s assessment of the additional information.

To assist the applicant in the collation of the additional information, Officers facilitated meetings and on-site discussions and engaged Acoustic Consultants to assist in the process. This included the provision of already collated acoustic data to assist the applicant.

Although every effort was made to resolve the outstanding acoustic matters, there is still insufficient information available to Council officers to provide any certainty that the impacts of the proposal are acceptable.

It is therefore recommended that the subject application be refused as per the Officer’s Recommendation contained within the original Officer’s report (attached herein), as previously presented at Council’s Committee Meeting of 9th December 2015. 1 OVERVIEW

Site address 484 Pimpama Jacobs Well Road, Pimpama

Application description

Development Permit for a Material Change of Use (Impact Assessment) for Outdoor Sport and Recreation (Motor Sport and Training Facility)

Decision due date 28 April 2016

Proposal

The development application seeks to regularise an existing and operating use which consists of the following:

• An existing administrative/ kiosk building, two demountable toilet block buildings and shade structure.

• Two tracks which are current and existing. Track 1 is constructed of a bitumen surface whilst track 2 consists of a dirt surface.

• The total Gross Floor Area (GFA) for these proposed buildings combined will be 316m²;

• Parking will be located to the north of the administrative/ kiosk building, with fifty seven (57) car parking spaces proposed including two (2) disabled spaces;

• The Hours of Operation for the proposed Outdoor Sport and Recreation land use is 7am – Dusk - Monday to Sunday.


197 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11

Importantly it should be noted that the applicant does not clearly seek to restrict the intensity of the use. Based on the current operations, up to 32 karts operate on site and the tracks are used by various other vehicles including private vehicles brought to the tracks. Examples of such vehicles which have been operated on site include:

• Dirt Bikes • Shifter Karts (High powered Go karts) • Scooters • Road Bikes • Modified High-speed Ride on Lawnmowers • Road Vehicles


Issue Resolution

No sufficient grounds to support the conflict with the below instruments:

Conflict with the intent of the Rural Precinct of the Inter-Urban Break Structure Plan within the Emerging Communities Domain;

Non-Compliance - The proposed development does not comply with the intent of the Rural Precinct of the Inter-Urban Break Structure Plan within the Emerging Communities Domain, as it will adversely impact on the character and amenity of the locale.

Desired Environmental Outcome (DEO) Econ.4.3.

Non-Compliance - The proposed development does not comply with Desired Environmental Outcome (DEO) Econ.4.3, as it would compromise environmental values.

Desired Environmental Outcome (DEO) Soc.5.1 – 5.3

Non-Compliance – The proposed development does not comply with Desired Environmental Outcome (DEO) Soc.5.1 – 5.3, as it will cause direct conflict with the existing residential land uses.

Performance Criteria 19 and 20 (PC19 and PC20 – Amenity Protection) of the Emerging Communities Domain Place Code

Non-Compliance - The proposed development does not comply with PC13 of the Emerging Communities Domain Place Code, as it will detrimentally affect the amenity of the locale.


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Performance Criteria 10 and 11 (PC10 and PC11 - Amenity Protection) of the Rural Domain Place Code.

Non-Compliance - The proposed development does not comply with PC13 of the Rural Domain Place Code, as it will detrimentally affect the amenity of the locale.

Submissions

Objections Support

5 properly made objections 0 not properly made objections

1 properly made ‘in support’ petition containing 400 names of visitors to the site. 0 not properly made ‘in support’

Key issues raised by submitters

Acoustic and Amenity Impacts, Traffic Impacts, Dust Emissions, Conflict with Gold Coast Planning Scheme and South East Queensland Regional Plan 2009 – 2031.

Referral agencies Not Applicable Officer's recommendation

Refusal

REPORT STRUCTURE



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

8 STATE PLANNING POLICIES Not Applicable 9 STATE PLANNING REGULATORY PROVISIONS Not Applicable 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS Applicable 12 EXTERNAL REFERRALS

12.1 Concurrence agencies Not Applicable 12.2 Advice agencies Not Applicable

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


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2 EXECUTIVE SUMMARY

Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the proposed land use is defined as Outdoor Sport and Recreation, which triggers Impact Assessment as per Table of Development ‘A’ within the Emerging Communities Domain Place Code, as the proposed land use is unlisted development. The applicant is seeking approval to regularise an existing Outdoor Sport and Recreation land use within the parameters of the subject site. The specific details of the proposed Outdoor Sport and Recreation development are detailed within Council Officer's report below. In regards to the Public Notification process, four (4) properly made submissions were made to Council, in relation to Acoustic and Amenity Impacts, Traffic Impacts, Dust Emissions and a Conflict with Gold Coast Planning Scheme and South East Queensland Regional Plan 2009 – 2031. It should be noted that whilst the use has been operational since 2014, Council has received over 160 complaints from the surrounding four properties. An assessment of the application and associated documents against the relevant provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003 has concluded that the proposal does not satisfy the relevant Desired Environmental Outcomes, various Performance Criteria of the Emerging Communities Domain Place Code and Rural Domain Code. It is therefore recommended that the development application be refused on the following grounds: • Conflict with Desired Environmental Outcome (DEO) Econ.4.3; • Conflict with Desired Environmental Outcome (DEO) Soc.5.1 – 5.3; • Conflict with Performance Criteria 19 and 20 (PC19 and PC20 – Amenity Protection) of

the Emerging Communities Domain Place Code; • Conflict with the intent of the Rural Precinct of the Inter-Urban Break Structure Plan

within the Emerging Communities Domain; • Conflict with Performance Criteria 10 and 11 (PC10 and PC11 - Amenity Protection) of

the Rural Domain Place Code. The above grounds of refusal shall be discussed in greater detail herein. 3 APPLICATION INFORMATION

Real property description Lot 1 on WD3475 Applicant Gold Coast Motorsport Training Centre Pty Ltd C/-

Planning Owner at time of lodgement Ormeau Valley Pty Ltd Current owner Ormeau Valley Pty Ltd Site area 455,710m2 Date application received 18 December 2014 Date entered decision 15 July 2015 Domain Emerging Communities (Inter-urban Break Structure

Plan) Draft City Plan 2015 Rural Zone State planning policies Not Applicable Decision type Development Permit for Material Change of Use for

Outdoor Sport and Recreation (Motor Sport and Training Facility)


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 4 BACKGROUND

On 12 May 2008, the Manager of Implementation and Assessment Branch, under delegated authority, resolved to refuse the issue of a Development Permit for Material Change of Use for Outdoor Sports and Recreation (WRX Experience).

On 20 January 2010, the application was subsequently approved through the Planning and Environment Court (Appeal No. B1426 of 2008) for a Development Permit for Material Change of Use for Outdoor Sports and Recreation (WRX Experience) subject to conditions.

On 17 October 2014, Council issued the owner an Enforcement Notice detailing that the business had been operating outside of the parameters of the above mentioned Consent Order and the use was to cease operating.

On 18 November 2014, the owner of the subject property appealed the above mentioned Enforcement notice. Following a Without Prejudice (WOP) meeting, an agreement was made between Council Officers and the appellant to submit an application to seek approval for the uses currently operating on site. The following report is in response to this agreement.

5 PROPOSAL

The proposed development seeks to regularise an existing use on the subject site for Outdoor Sport and Recreation (Motor Sport and Training Facility). The proposed Outdoor Sport and Recreation development application seeks to regularise the following aspects of the use: • An existing administrative/ kiosk building, two demountable toilet block buildings and

shade structure. • Two tracks which are established and existing. Track 1 is constructed of a bitumen

surface whilst track 2 consists of a dirt surface. • The total Gross Floor Area (GFA) for these proposed buildings combined will be

316m²; • The proposed site coverage for buildings is less than 1%; • The Hours of Operation for the proposed Outdoor Sport and Recreation land use is

7am – Dusk - Monday to Sunday. • Up to 10 employees are proposed to be located on the site at any one time. • The layout of the two tracks and location of the administration building can be seen in

figure 1 below. • Parking will be located to the north of the administrative/ kiosk building, with fifty seven

(57) car parking spaces proposed including two (2) disabled spaces; • The applicant does not clearly indicate a maximum number of karts to be used on the

site at any one time nor does the applicant identify or restrict the type of vehicles to be used on site.

• Importantly it should be noted that the applicant does not seek to restrict the intensity of the use as special events have previously operated from the site under temporary use approvals from Council. The applicant seeks to have unrestricted usage of the site to allow these special events to operate in the future.

• Based on the current operations, up to 32 karts operate on site and the tracks are used by a variety of other vehicles including private vehicles brought to the track. Examples of such vehicles which have been viewed and operated on site include: - Dirt Bikes - Shifter Karts (High powered Go karts)


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- Scooters - Road Bikes - Modified High-speed Ride on Lawnmowers - Road Vehicles

Figure 1 - Site Plan

Figure 2 – Carpark Layout


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 6 SITE & ENVIRONMENT


The subject site is located at 484 Pimpama Jacobs Well Road, Pimpama, also described as Lot 1 on WD3475. The specific descriptions of the site are as follows: • The area of the subject site is 455,710m²

• The topography of the site is predominately flat.

• There is a small amount of existing vegetation along the southern boundary and west corner of the site, other than these small areas the site is predominantly clear of vegetation.

• The site has a 1,180 metre frontage to Pimpama Jacobs Well Road and is accessed via a single vehicle cross over to the centre of the frontage.

• 90% of the subject site is flood effected.

• The site is located outside the Urban Footprint, in accordance to the South East Queensland Regional Plan and is located with the Regional Landscape and Rural Production Area.

• The north-eastern corner of the site adjoins the Pimpama River.

Figure 3 - Aerial of subject site


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Figure 4 - Existing Admin/Kiosk Building

Figure 5 - Existing Admin/Kiosk Building

Figure 6 – Toilet Block

Figure 7 – Go-Karts

Figure 8 -Track 1

Figure 9 – Outdoor Seating Area and Track 2


North: The site fronts onto Pimpama Jacobs Well Road. Further to the north a mixture of large residential and agricultural lots are located. To the north the closest residential dwelling is located 100 meters away. East: Adjoining the site to the east is the Pimpama River. Further to the east is a mixture of large residential lots and agricultural lots. The closest residential dwelling to the west is located 220 meters away.

Approximately 5 kilometres east of the subject site ‘Tippler’s Passage’ waterway is located.

South: To the south of the site is a mixture of large residential lots.


204 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 Further to the south the Gold Coast City Council Wastewater Treatment Plant is

located at Kerkin Road North. West: To the west of the subject site a mix of medium size rural residential sites are

located amongst a small amount of commercial uses including two nurseries and a caravan storage company.

The closest residential dwelling to the east is located 300 meters away. The Pacific Motorway is located approximately 3 kilometres to the west of the

subject site.

Figure 10 - Aerial of surrounding area


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 proposed development is

considered to comply with the Southeast Queensland Regional Plan. The site is not located within the Urban Footprint.

the regional plan for a designated region N/A State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

N/A

a structure plan The subject site is located within the Inter-urban Break Structure Plan of the Emerging Communities Domain.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 for development in a declared master planned

area—all master plans for the area N/A

a temporary local planning instrument N/A an earlier preliminary approval to which section

242 applies N/A

a planning scheme Refer Below the infrastructure charge resolution or the priority

infrastructure plan. Refer Below

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

• the common material The common material has been considered throughout the assessment process

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

See background for further information.

• any referral agency’s response for the application N/A 7.1 City Plan

Pursuant to the proposed City Plan, the subject site is to be included within the Rural Zone.

The subject development application was lodged with Council on the 18 December 2014 and entered the Decision Making Period on 6 July 2015. The assessment of the development application has been made against the current Planning Scheme, being the Scheme in force at the time of the Decision Making Period commencing.

Figure 11 - City Plan Zone


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code

Emerging Communities

Bushfire Management Areas Canals and Waterways Car Parking, Access and Transport Integration Flood Affected Areas Natural Wetland Areas and Natural Waterways Unsewered Land

None Applicable

Relationship to the Domain or LAP

The subject site is located in the Emerging Communities domain.

Pursuant to the Planning Scheme, the proposed land use is defined as Outdoor Sport and Recreation:

“Premises used for sporting or recreational purposes where the activity takes place primarily outdoors and the activity is only open to the public upon payment of a fee. The term includes archery, boating, equestrian centre, golf, model car, boat or aircraft operations, motor sports, racecourse, rowing, showgrounds, sporting arena or track, swimming pool, tennis, water skiing and zoo. It also includes minor ancillary facilities, such as lights, clubhouses, change rooms, administration buildings and public conveniences and shelters. It does not include Indoor Recreation or Open Sports Ground.”

which triggers impact assessment pursuant to table of development A (material change of use).

The intent statement for the Emerging Communities Domain reads:

“To provide for the development of suitable non-urban land for park living, urban residential, commercial or industrial purposes. To ensure that land identified for future park living or urban uses continues to be available for rural and open space uses, until it is required for development. To recognise that some areas provide opportunities for the logical expansion of park living and urban development. Not all land contained within the Emerging Communities Domain may be suitable for park living or urban purposes. The extent of land suitable for such purposes will only be established after detailed planning studies take into consideration the constraints and opportunities unique to each location. Development of any land for park living, urban residential, commercial or industrial uses within the Emerging Communities Domain will be conditional upon Council's adopting a Structure Plan for the neighbourhood, either prepared on its own initiative or in partnership with others. Key objectives include: a protection, enhancement and utilisation of suitable land for future park living or

urban purposes; b orderly transition from predominantly rural uses, to predominantly urban uses; c facilitation of major new Greenfield urban developments, in accordance with

adopted Structure Plans;


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d creation of discrete urban communities which are distinct and diverse, with a good balance of housing, employment and services;

e achievement of a high standard of urban design in new development areas, including the promotion of neighbourhood identity and communication through the design and layout of clearly defined residential neighbourhoods, with good connectivity for pedestrians and for vehicles;

f maintenance and productive use of rural land, until it is required for urban development; and

g retention and enhancement of a viable nature conservation network as the local area develops, in accordance with an adopted Structure Plan.”

The purpose statement for the Inter Urban-Break Structure Plan of the Emerging Communities Domain reads:

“To maintain and enhance rural/open landscape character for the Structure Plan area in general, but particularly for those areas visible from transport routes. The conservation of areas of ecological significance within the Structure Plan area:

• The protection and conservation of habitats, in particular, those habitats which support or include culturally significant, rare, endangered and vulnerable species.

• The rehabilitation and revegetation of areas identified as necessary to support or provide linkages to areas of ecological significance, including localised remnants and the Large Habitat Systems to the east and west of the Structure Plan area.

The promotion of appropriate, compatible land uses within the Structure Plan area: • The creation of active and passive recreational facilities which will support the

emerging residential development to the north and south of the residential area.

• The incorporation of a limited amount of small lot rural development in areas which do not contribute to the scenic or ecological qualities of the Structure Plan area, where it can be demonstrated that the development is responsive to the nature of the site and complements the desired rural/open landscape character.

• The incorporation of limited, small scale non-residential uses, which are required to meet the demands of any residential population established, including small scale tourist facilities and rural based activities which complement the desired rural/open landscape character of the Structure Plan area.

• The establishment of a distinctive built form which supports a rural character.

• The preservation of existing amenity within areas developed for park living and rural purposes.

• The identification and preservation of areas/items of cultural and heritage significance.

• To protect good quality agricultural land for agricultural production capacity, and also to preserve the landscape quality of rural lands.”


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Officer's Comments:

The proposed development seeks to regularise an existing Outdoor Sport and Recreation use for a Motor Sport and Training Facility. Council officers acknowledge that an approval for the same use (specifically WRX Facility) was approved on the site through a consent order in the Planning Environment Court. It is noted that the use currently operational on site is vastly different in intensity and scale to that previously approved.

Council Officers are of the opinion that the new use does not maintain or enhance the rural/open landscape character for the Structure Plan. Council Officers consider that the proposed use does not preserve the existing amenity with the local area but rather it detrimentally impacts the amenity of those living within the surrounding residential premises.

Furthermore, the applicant has not demonstrated an overwhelming need for the use despite the conflict with the intent of the Domain. In the assessing Officer’s opinion, there are no sufficient grounds to overcome this conflict.

Council Officers acknowledge the previous approval over the site which establishment a similar use however the use currently operating from the site has significantly intensified to a level which is causing adverse impacts on the amenity of adjoining residential premises. As such, Council Officers do not support the development as proposed as part of this application and consider that there is a significant conflict with the intent statement for the Emerging Communities Domain and a conflict with the purpose statement for the Inter Urban-Break Structure Plan.

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

Performance criteria Acceptable solution PC19 – Amenity Protection The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of:

a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.

AS19 No acceptable solution provided.


Council officers consider the proposed Outdoor Sport and Recreation development will negatively impact on the amenity of the locale, as it is proposing to regularise an intensive commercial land use within close proximity of residential premises within a rural area. The approval of a commercial land use of this nature, scale and intensity is considered will further impact on the amenity of the local area, as discussed herein:

Noise – The impact of noise has been a major focus in the assessment of this application. To properly assess the noise impacts of the development, acoustic reporting has been requested of and provided by the applicant which has been assessed by Council officers and further peer reviewed by a third party acoustic expert.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 The assessment of the proposal has determined that the uses on site result in a significant impact with recorded and predicted noise levels exceeding what is considered acceptable for the area where the Planning Scheme seeks to protect amenity. As previously discussed, the current operation of the use on the site has resulted in over 160 complaints from surrounding residents within the last year. Given the extent of non-compliance and flexibility sought by the application for the operation of the use, Council officers do not have the certainty that this aspect can be suitably conditioned. Further, it is considered that conditioning this aspect would result in an unreasonable burden on Council to ensure continued compliance. This is due to the degree of non-compliance determined by the acoustic experts and the applicant's continued non-compliance with the current conditions of the consent order issued for the site.

The technical discussion of the noise impacts associated with the development is provided in section 11.1 of this report.

Hours of Operation – The proposed hours of operation are not considered to be unreasonable for the operation of an Outdoor Sport and Recreation use of the site, on the basis that the associated impacts are appropriate. In this instance the noise associated with the use is considered to be inappropriate for the reasonable amenity expectations of the surrounding area. Traffic – The nature of the proposed development will result in increased traffic movements along Pimpama Jacobs Well Road, which is currently a busy street connecting the Pacific Motorway with ‘Tippler’s Passage’ waterway. It is not anticipated that the additional traffic would result in a significant impact to residential amenity.

Lighting – It is not anticipated that the proposed development would have any detrimental impacts on the locale, in regards to lighting, given that no new structures are proposed as part of the application.

Signage – No signage is proposed as part of this application and a further Operational Works application for an Advertising Device would need to be submitted to Council to gain such approval.

Visual amenity – It is not anticipated that the proposed development would have any detrimental impacts on the locale, in regards to visual amenity given the limited extent of structure on site.

Privacy – It is not anticipated that the proposed development would have any detrimental impacts on the locale, in regards to privacy.

Odour and Emissions – It is anticipated that the proposed use may impact on surrounding residential uses in regards to the emission of dust from track 2 being constructed of dirt. The applicant has submitted a management plan which addresses these issues.

Due to the conflict with regard to noise, it is considered by Council officers that the proposed development will conflict with PC19 of the Emerging Communities.

As the application is seen to conflict with the Performance Criteria and Intent of the Place Code, officers have assessed the application against the Desired Environment Outcomes of the Planning Scheme, as discussed below. Desired environmental outcomes and/or land use themes

Desired Environmental Outcomes (DEO’s) provide the primary focus or direction for the ‘Our Living City’ Gold Coast Planning Scheme 2003. They provide a fundamental context for Planning Strategies, Land Use Themes and subsequently for the development assessment codes, as discussed herein.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 The proposed Outdoor Sport and Recreation is an unlisted land use within Table of Development ‘A’ of the Emerging Communities Domain Place Code. As the land use is unlisted and located within a predominately residential area, Council officers have undertaken an assessment against the higher order provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003.

DEO Econ.4

“The Planning Scheme has a significant influence on the ability of the tourism industry to expand and meet the changing needs of potential tourist markets. Generally, this requires areas where redevelopment can be readily facilitated but this must be balanced against the potential for impacts upon the natural environment and the reasonable amenity expectations of residents.”

Planning Objectives to Support DEO Econ 4.3 “Econ.4.3 - to facilitate opportunities for new tourist development in appropriately designated areas, where environmental values are not compromised and the reasonable amenity expectations of residents can be accommodated.”


The Proposed Development would compromise the achievement of Desired Environmental Outcome (DEO) Econ.4.3 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that:

a DEO Econ.4.3 seeks to facilitate opportunities for new tourist development in appropriately designated areas, “where environmental values are not compromised and the reasonable amenity expectations of residents can be accommodated”;

b the Proposed Development would result in a material increases in the permitted noise levels from Outdoor Sport and Recreation activities on the Premises and the numbers and types of vehicles that are able to operate as part of that use;

c accordingly, the Proposed Development would compromise environmental values, namely the qualities of the acoustic environment that are conducive to: i human health and wellbeing; and ii protecting the amenity of the community;

d further, the Proposed Development would not accommodate the reasonable amenity expectations of residents in that:

i as a result of the Premises being located within the Emerging Communities Domain and subject to the conditions of the existing Development Permit granted by the Planning and Environment Court in Appeal No. B1426 of 2008, residents in the vicinity of the Premises have a reasonable expectation that amenity will not be further adversely impacted; and

ii the Proposed Development would fail to accommodate that reasonable expectation, as it would materially exacerbate the amenity impacts of the use of the premises.

DEO Soc.5

“The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, industrial and extractive industry activities.”


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 Planning Objectives to Support DEO Soc.5

”Soc.5.1 - to ensure that land uses that have the potential to conflict with residential amenity are adequately separated and/or buffered from residential areas.

Soc.5.2 - to ensure that the design and layout of development minimises any potential for activities to adversely impact upon the amenity of nearby residential premises.

Soc.5.3 - to control, where possible, the nature of construction activity and the ongoing operational aspects of development to levels that are appropriate for a reasonable standard of amenity in nearby residential premises.”


The Proposed Development would compromise the achievement of DEO.Soc.5.1 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that:

a DEO Soc.5.1 seeks to ensure that uses that may conflict with residential amenity “are adequately separated and/or buffered from residential areas”;

b the Proposed Development would result in noise impacts that would conflict with residential amenity; and

c the Proposed Development would not be adequately separated or buffered from residential areas to avoid or mitigate those impacts.


a DEO Soc.5.2 seeks to ensure that the design and layout of development “minimises any potential activities to adversely impact upon the amenity of nearby residential premises”;

b the design of the Proposed Development involves increases in vehicle numbers and types that would result in adverse noise impacts on nearby residential premises; and

c the design and layout of the Proposed Development does not include buffering or acoustic mitigation measures adequate to avoid or mitigate those impacts.


a DEO Soc.5.3 seeks to control “the ongoing operational aspects of development to levels that are appropriate for a reasonable standard of amenity in nearby residential premises”; and

b the operation of the Proposed Development would result in noise impacts on nearby residential premises that are not appropriate for a reasonable standard of amenity.

Compliance with the relevant specific development code

There are no relevant Specific Development Codes applicable that the development needs to comply with.

Compliance with the relevant constraint codes and overlay

The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 • Bushfire Management Areas

• Canals and Waterways

• Car Parking, Access and Transport Integration

• Flood Affected Areas

• Natural Wetland Areas and Natural Waterways

• Unsewered Land The proposal generally complies with all of the above mentioned constraint code’s Acceptable solutions and Performance criteria.

8 STATE PLANNING POLICIES

There are no state planning policies applicable for this application

9 STATE PLANNING REGULATORY PROVISIONS

There are no state planning regulatory provisions applicable for this application

10 SOUTH EAST QUEENSLAND REGIONAL PLAN

As per the South East Queensland Regional Plan 2009 – 2031 the subject site is located outside the Urban Footprint and is therefore located within the Regional Landscape and Rural Production Area.

Sport and Recreation is identified within Table 2A of Division 2 of the South East Queensland Regional Plan Regulatory Provisions. The use falls within Column 1 of Table 2B although the use does not require referral agency assessment.

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 12 January 2015.

List of available referrals for reference

Health and Regulatory Services



Open Space Assessment

Architect

Gold Coast Water

City Infrastructure



Operational Works


Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water


Social Planning

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


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 11.1 Health and Regulatory Services – Applicable

Health and Regulatory Services have provided a detailed assessment of the development with respect to noise. Given the history of complaints associated with the use, Council has also appointed a third party acoustic consultant to review the application material and assessment. Below is a summation of the technical assessment provided which includes areas of disagreement between the applicant's findings/recommendations and that determined by Council officers and the third party consultant.

The below points are statements from the applicant’s acoustic report followed by comments from officers of Council’s Health and Regulatory Services section:

The assessment below is of the applicant’s Information Response dated 2 June 2015, 6 September 2015, 14 October 2015 and of the original application material. The further information supplied by the acoustic consultant on 2 June 2015 and 6 September 2015 provides comments only, on the original report and states:

• ”The measured background calculations shown in the acoustic report are an average of the lowest of the ambient sound levels in accordance with the EPP Noise Policy and AS1055.1-1997.

Officer’s Comments:

Ambient noise measurements appear to have extraneous noise sources included due to the proximity of the monitoring station to Pimpama Jacobs Well Road (e.g. road traffic noise) and may also include noise generated from the current use of the proposed development. Also, background levels would be expected to differ significantly at other noise sensitive places surrounding the tracks. However, ambient levels were only taken at one point.

• No noise assessment of two stroke motorbikes was undertaken.

Officer’s Comments: It is likely that ‘vehicles’ brought onto the site will include two stroke motorbikes with higher noise emissions. However, the acoustic consultant has not taken two stroke motorbikes into consideration. In fact, no measured levels at noise sensitive places have been taken (or reported) for the noise emissions currently being experienced at the site.

• There is one predicted noise level for 12 bikes on both the dirt and bitumen tracks simultaneously.


All other predicted noise levels are for the dirt or bitumen track but not simultaneous use. Simultaneous use of tracks is the worst case scenario.

• The application of 70dB(A) noise limit would be suitable for special events.


The application of a 70 dB(A) noise limit is likely to result in noise nuisance complaints especially since previous special events have been throughout the night-time and on weekends. This noise limit does not comply with background ‘+’ criteria.

• The average measured daytime background noise levels being 49 dB(A) has been compared to the modelled source noise level of 54 dB(A) indicating compliance with background ‘+’ criteria.


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The acoustic consultant has predicted noise levels for 12 motorbikes riding simultaneously on both tracks at 58 dB(A) at one of the nearest noise sensitive places. These modelled levels exceed the acoustic consultant’s stated background by 9dB(A) which is likely to cause noise nuisance. The background levels have also been measured as low as 39 dB(A) on Sundays (day-time) when the tracks are most likely to be used.

• The operator may noise test each ‘vehicle’ using a noise meter before being allowed to race on the tracks.

Officer’s Comment:

The noise testing of each ‘vehicle’ relies on the operator’s assessment under the provisions of a Noise Management Plan which hasn’t been included in the application. The further information in the applicant's town planning report also advises that issues with dust and special events may be addressed in an Operational Management Plan which is not included in the application.

• The acoustic consultant further advises of the following regarding the revised report submitted by David Moore & Associates dated 3 June 2014:

• The revised report dated 9 February 2015 uses the correct noise nuisance criteria as stated in the daytime background creep provisions in the Environmental Protection (Noise) Policy 2008 i.e. LA90,T + 5 = 54dB(A) LAeq,adj,T


The consultant’s data readings indicate that ambient noise is as low as 39dB(A) which would mean an upper noise limit of 44dB(A) in accordance with the above criterion.

• The acoustic consultant states that traffic noise on Pimpama Jacobs Well Road is not considered extraneous noise.


Traffic noise from Pimpama Jacobs Well Road may not be considered extraneous if noise from the racing tracks is considerably louder than the general traffic noise.

• The consultant has conducted actual noise level readings on Monday 11 May 2015 and advises that measured noise level readings are representative of the computer modelling for kart noise levels in the original report.


No data of measured readings has been submitted to Council.

• The consultant advises that noise limit criteria should be based on measured and computer based noise modelling regardless of submissions from surrounding noise sensitive receptors.


Complaints of noise nuisance emanating from the site are a good indication that the land use is causing excessive noise.

• Noise modelling is representative of the anticipated noise levels and not a significant underestimation.


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The consultant has not shown calculations for noise modelling or taken measured noise level readings for the worst case scenario so as to reinforce noise modelling.

• Background noise assessments were conducted at the closest residence to the subject site.


Due to the fact that the noise from the racing tracks is a dynamic noise source i.e. noise is emitted in all directions to noise sensitive places on different roads, measured background levels should have been taken at the closest residences in all directions.

• All calculations for distance attenuation, source location, number of noise sources, etc are embedded in the computer modelling rendering them unable to be shown in a report.


It is normal practice for a consultant to show all calculations in an acoustic report.

• The recommended 70 dB(A) noise limit for special events is comparable to the limits set for amplified music festivals such as the Big Day Out.

Officer’s comment

The consultant’s recommended maximum noise level of 70dB(A) at noise sensitive places should not be compared to a music festival such as Big Day Out as, for example, this event happens for one day each year with very low noise emissions for the rest of the year. If noise is considered to be a nuisance by surrounding residents with regular daily use, a higher noise tolerance will exacerbate existing noise nuisance.

• A Noise Management Plan was not submitted due to uncertainty with respect to the subject site.

Officer’s comment

Control of existing perceived noise nuisance is an important aspect of the application process.

• Noise relating to helicopter landings, amplified music and public address systems could be included in a Noise Management Plan.

Officer’s comment

No Noise Management Plan was submitted to Council.

• Use of the tracks could be conditioned to occur between 9am to 5.30pm daily.

Officer’s comment

The applicant has assumed that Council has sufficient information to approve the use of the site.

• Prevention of unapproved helicopter landings.

Noise Management Plan Following a request from Council to supply a Noise Management Plan for the proposed existing development, the applicant submitted a Plan (dated 11 October 2015) seeking approval for all operational aspects of the development which has the potential to create noise nuisance to surrounding noise sensitive places.


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An assessment of the Noise Management Plan by both the Licensing and Approvals Section and Council’s appointed noise consultant for this development has revealed the following shortfalls in the Plan:-

• The Plan sets out to justify previously submitted noise modelling for ‘vehicles’ at the racing tracks rather than focusing on a comprehensive operational manual on all aspects of noise generation, control measures and corrective actions.

• The ambient levels are perceived to be elevated above actual measured levels from Council’s appointed consultant, therefore allowing for a higher upper noise limit.

• The applicant does not report meteorological conditions e.g. wind speed and direction, relative humidity, temperature, barometric pressure in accordance with AS 1055.1-1997 Acoustics-Description and measurement of environmental noise. However, these readings are taken from the consultant’s original report where the variables have been reported.

• Background levels previously reported as low as an averaged 39dB(A) on Sundays (day-time) has been removed from the applicant’s subsequent reports and the Plan.

• Sample time intervals are not stated for measuring noise sources. Sample times are required to be stated (i.e. 10min.or 15min.intervals are suitable) in accordance with AS1055.1-1997 Acoustics-Description and measurement of environmental noise. This is important as measuring long periods of time with no racing will reduce overall noise readings.

• Actual noise level monitoring of worst case scenarios is not provided in the report as the consultant relies on noise modelling to justify background ‘+’ criteria.

• A schedule of maximum type and number of ‘vehicles’ on both tracks has not been provided in the Plan.

• The consultant advises that noise modelling indicates a kart racing on one of the tracks will meet the consultant’s upper noise limit of 54dB(A). This gives no consideration to the accumulative effect of several karts operating under race conditions on both tracks simultaneously (worst case scenario). Each additional ‘vehicle’ racing on the tracks will increase decibel pressure levels.

• The consultant advises that noise modelling indicates a maximum of 32 karts on the bitumen track and 18 karts on the dirt track will comply with the consultant’s recommended upper noise limit measured at the noise sensitive surrounding residences. These estimates are unlikely as the applicant has indicated that one kart operating on a track will meet the upper noise limit criteria.

• The consultant has not provided any data on actual noise measurements for the maximum number of karts under race conditions.

• The applicant has not included a noise testing regime for measured noise levels at noise sensitive places surrounding the site. Instead the Plan advises that each ‘vehicle’ will have a static test and a test under load at the tracks.

• There has been no indication of the number or type of special events proposed to be held through the course of a year.

Independent Acoustic Consultant’s Comments on Noise Management Plan The Council appointed acoustic consultant has conducted noise monitoring at one of the surrounding noise sensitive receptors and acquired 69 days of usable data between 8 May and 1 September 2015.


217 Adopted Report


The Council appointed noise consultant advises of the following regarding the Plan:-

• Ambient noise levels are taken from the applicant’s original report. • Sample times are not defined in accordance with AS1055.1-1997 Acoustics-

Description and measurement of environmental noise-General procedures. • Agreement with the applicant’s consultant that sporadic use with one or two karts

does not generally affect the background noise level at the receiver. • The ambient noise levels in the applicant’s report are much higher than the Council

appointed consultant’s monitoring. Therefore the noise limit criterion set by the applicant’s consultant is likely to be too high.

• A combination of measurements and modelling are much more preferable to modelling alone. (The applicant’s consultant relies on modelling).

• A maximum level of 54dB(A) for each ‘vehicle’ needs to be corrected for maximum number of ‘vehicles’ used simultaneously.

• The statement that a maximum of 32 Sodi GT hire karts (bitumen track) with a maximum of 18 (dirt track) as well as a maximum of 15 Praga Rotax 125 karts (bitumen) will meet the applicant’s criterion is ‘highly unlikely’.

• Track monitoring should be used as a guide only with a noise testing regime at the noise sensitive receptors.

• A complaints register does not have time frames for investigation of complaints. • Experienced riders can be more than 5dB(A) higher than inexperienced riders on

the same ‘vehicle’.

Recommendations The Licensing and Approvals Section does not support the use of the subject existing development on the following grounds:-

• Acoustic reports and the proposed Noise Management Plan are perceived to be inaccurate and lacking comprehensiveness with unreasonable assumptions, therefore not allowing responsible conditioning of the existing use.

• Comparatively low measured ambient noise levels and comparatively high estimated noise source levels have been omitted from subsequent noise reports from the applicant’s consultant.

• The applicant’s consultant has not used a combination of measured noise levels at worst case scenarios with noise modelling for the existing use.

• There is no testing regime in the Noise Management Plan for measuring noise at the noise sensitive places.

• Council’s appointed noise consultant for the proposed development application advises that ambient noise levels from the applicant’s consultant are significantly higher than data collected by Council’s appointed consultant over 69 days of noise monitoring. This means the applicant’s consultant has set upper noise limits too high with the potential to lead to numerous noise nuisance complaints while still meeting the consultant’s noise criterion.

• Council’s appointed noise consultant is of the opinion that an inadequate testing procedure has been recommended by the applicant’s consultant in the Noise Management Plan.

• Council’s appointed noise consultant advises that experienced drivers are likely to produce up to 5dB(A) higher levels than amateur drivers (usually on hire karts). This means experienced drivers will exceed the background + 5dB(A) criterion in most cases if noise testing limits are taken from amateur drivers.


218 Adopted Report


• Sample times are not defined for measuring the noise sources. Sample times should appropriately reflect the duration of races and also be representative of other noise sources at the site.

• The applicant has recommended a noise limit criterion of 70dB(A) for special events without specifying a sample time and possibly allowing for long periods of ambient noise to be included in sample recordings.

• Council’s appointed noise consultant advises that modelling by the applicant’s consultant [i.e. a maximum number of Sodi GT 5 hire karts (32-bitumen; 18-dirt) Praga Rotax 125 hire karts (15-bitumen)] to meet the criterion of 54dB(A) at noise sensitive receptors is ‘highly unlikely’.

• There appears to be no estimated noise generation rates for two stroke motorbikes. • Council’s Development Compliance officers advise that Council has received

approximately 160 noise complaints from residents surrounding the site since 2014 including complaints from a community group.

• The number of complaints regarding noise is a real indication of the noise nuisance currently experienced by surrounding residents in all directions around the tracks.

• Special events held at the tracks which may be held over three consecutive days with an upper noise limit of 70dB(A) is expected to exacerbate existing noise nuisance to the surrounding residential uses.

• The increased legislative tolerance for the generation of noise for special events in accordance with the Environmental Protection (Noise) Policy 2008 for short durations [ i.e. 70dB(A) ] mainly used for music festivals is not justifiable when an existing noise nuisance at the source is perceived at the intervals between these special events.

• Complaints of excessive noise from regular public address announcements, amplified music and helicopter landings have been received by Council with no mention of any noise control methods in the Noise Management Plan.

• Complaints of dust from the tracks are frequently received by Council despite the site having a Dust Management Plan.

• Regular complaints regarding the use of the site would attest to the fact that there is no control over the type, number and use of privately owned ‘vehicles’ which are brought to the facility for racing on a regular basis.

NOTE: It should be noted that a recent acoustic report by Council’s appointed acoustic consultant (dated 27 October 2015) advises that unattended noise monitoring of the Race Of Stars event was conducted between 15 and 21 October 2015 and taken at 507 Pimpama Jacobs Well Road Pimpama which is the nearest noise receptor to the north-west.

The data logging indicates the noise source at 64dB(A) Leq, 10min. for Friday 16 October 2015 and 63.3 dB(A) Leq, 10min. for Saturday 17 October 2015.

The noise data logging by the Council appointed acoustic consultant taken between May 2015 and September 2015 at 507 Pimpama Jacobs Well Road has indicated that the average daytime background noise level is 35dB(A) L90.

The applicant’s consultant has recommended an LA90,T + 5 = 54dB(A) LAeq,adj,T criterion [background + 5dB(A)] for upper noise limits taking into account the applicant’s measured ambient noise level of 49 dB(A) L90.


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This indicates that the applicant’s consultant has set the upper noise limits too high with the likelihood of noise nuisance while still meeting the recommended criterion as well as the more probable outcome of exceeding the criterion by up to 11dB(A). If using the Council appointed consultant’s background data, the noise sources would be up to 24 dB(A) above the criterion.

The Council appointed acoustic consultant’s report has confirmed that the land use is currently having an adverse impact on the acoustic environment of the surrounding noise sensitive places.”

Health and Regulatory Services have assessed the proposed development against the abovementioned Emerging Communities Domain Code and consider the development to significantly conflict with the code and because of the severity of the impact there seems to be no justifiable reason to support the application, therefore Council’s Health and Regulatory Services section has recommended refusal of the application.

11.2 Transport Assessment – Applicable

Transport Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Transport Assessment department have provided reasonable and relevant conditions.

11.3 Subdivision Engineering – Not Applicable

11.4 Open Space Assessment – Not Applicable

11.5 Architect – Not Applicable

11.6 Gold Coast Water - Not Applicable

11.7 City Infrastructure

City Infrastructure was referred a copy of the development application to analyse and provide comments/conditions. Council’s City Infrastructure department have provided reasonable and relevant conditions. 11.8 Plumbing and Drainage - Not Applicable

11.9 Environmental Assessment

Environmental Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Environmental Assessment department have provided reasonable and relevant conditions. 11.10 Operational Works - Not Applicable

11.11 Hydraulics and Water Quality

Hydraulics and Water Quality was referred a copy of the development application to analyse and provide comments/conditions. Council’s Hydraulics and Water Quality department have provided reasonable and relevant conditions.

11.12 QLD Fire Rescue - Applicable

QLD Fire Rescue was referred a copy of the development application to analyse and provide comments/conditions. QLD Fire Rescue department have provided reasonable and relevant conditions.

11.13 Arborist - Not Applicable

11.14 Landscape Assessment - Not Applicable

11.15 Beaches and Water - Not Applicable


220 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 11.16 Geotechnical Engineering - Not Applicable

11.17 Social Planning - Not Applicable

11.18 Other Sections of Council - Not Applicable

12 EXTERNAL REFERRALS

12.1 Concurrence agencies

Not Applicable

12.2 Advice agencies

Not Applicable

13 DEVELOPMENT INFRASTRUCTURE


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, 5 submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment

Acoustic and Amenity Impacts Council Officers agree with the submitters comments that the acoustic impacts of the development present significant conflict with the Planning Scheme. The concerns raised by the submitters are supported by Council Officers. As detailed throughout this report, the proposed development proposes a motor sport and training facility at an intensity which provides Council with no certainty that the reasonable amenity expectations of surrounding residents will be protected. Council’s assessment has revealed that the proposed development presents significant conflict with the amenity provisions of the Planning Scheme and due to the degree of conflict, inadequacies in the application material and desired flexible use of the site, Council Officers are not able to reasonably condition the development with any certainty of a compliant outcome.


221 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 As previously noted that whilst the use has been

operational since 2014, Council has received over 160 submissions from the surrounding four residential properties. Council’s Health and Regulatory Services have assessed the proposed development against the Planning Scheme and consider the development to significantly conflict with the scheme and because of the severity of the impact there seems to be no overwhelming reason to support the application for an approval.

Traffic Impacts Council Officers consider that any issues regarding the impact of increased traffic on site to be minimal and this is something that could be sufficiently addressed through inclusion of reasonable and relevant conditions.

Dust Emissions The applicant has submitted a Dust Management Plan in response to Council Officers' concerns of increased dust on the site. This is something that could be sufficiently addressed through inclusion of reasonable and relevant conditions.

Conflict with Gold Coast Planning Scheme

As detailed throughout this report, Council officers' assessment of the application has demonstrated that the proposal is in conflict with the amenity provision of the Planning Scheme and no overwhelming reason or grounds are provided to support the development despite this conflict.

Conflict South East Queensland Regional Plan 2009 – 2031.

As previously stated Sport and Recreation is listed as envisaged uses within the Regional Landscape and Rural Production Area of the South East Queensland Regional Plan 2009 – 2031 and therefore Council Officer’s consider that the use would be appropriate within this area if impacts of the use were appropriate to the amenity and character of the surrounding area.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

Not Applicable

16 CONCLUSION

The applicant is seeking approval to regularise an existing Outdoor Sport and Recreation land use within the parameters of the subject site. As noted within this report, a motor sport use has been approved on the subject site, however the current operations on site have significantly intensified changing the nature, scale and intensity of the development beyond the parameters of the existing approval. In regards to the Public Notification process, four (4) properly made submissions were made to Council, in relation to Acoustic and Amenity Impacts, Traffic Impacts, Dust Emissions and a Conflict with Gold Coast Planning Scheme and South East Queensland Regional Plan 2009 – 2031.


222 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 It should be noted that whilst the use has been operational since 2014, Council has received over 160 submissions from the surrounding four properties.

An assessment of the application and associated documents against the relevant provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003 has concluded that the proposal does not satisfy the relevant Desired Environmental Outcomes, various Performance Criteria of the Emerging Communities Domain Place Code and Rural Domain Code due to significant impacts on the amenity of the surrounding area. It is therefore recommended that the development application be refused on the following grounds:

• Conflict with Desired Environmental Outcome (DEO) Econ.4.3; • Conflict with Desired Environmental Outcome (DEO) Soc.5.1 – 5.3; • Conflict with Performance Criteria 19 and 20 (PC19 and PC20 – Amenity Protection) of

the Emerging Communities Domain Place Code; • Conflict with the intent of the Rural Precinct of the Inter-Urban Break Structure Plan

within the Emerging Communities Domain; • Conflict with Performance Criteria 10 and 11 (PC10 and PC11 - Amenity Protection) of

the Rural Domain Place Code. 17 NOTIFICATIONS

Not Applicable 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 1 on WD3475 Address of property 484 Pimpama Jacobs Well Road Pimpama Area of property 455,710m2 Decision type Development Permit for Material Change of Use for

Outdoor Recreation (Motor Sport and Training Facility)

Further development permits Not Applicable Further compliance permits Not Applicable Compliance assessment required for documents or works

Not Applicable


223 Adopted Report


NATURE OF DECISION

A Council refuses the application for a development permit for material change of use for Outdoor Recreation (Motor Sports and Training Facility), for the following reasons:

1 The Proposed Development would compromise the achievement of Desired Environmental Outcome (DEO) Econ.4.3 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Econ.4.3 seeks to facilitate opportunities for new tourist development in

appropriately designated areas, “where environmental values are not compromised and the reasonable amenity expectations of residents can be accommodated”;


c accordingly, the Proposed Development would compromise environmental values, namely the qualities of the acoustic environment that are conducive to: i human health and wellbeing; and

ii protecting the amenity of the community;

d further, the Proposed Development would not accommodate the reasonable amenity expectations of residents in that: i as a result of the Premises being located within the Emerging Communities

Domain and subject to the conditions of the existing Development Permit granted by the Planning and Environment Court in Appeal No. B1426 of 2008, residents in the vicinity of the Premises have a reasonable expectation that amenity will not be further adversely impacted; and

ii the Proposed Development would fail to accommodate that reasonable expectation, as it would materially exacerbate the amenity impacts of the use of the Premises.

2 The Proposed Development would compromise the achievement of DEO.Soc.5.1 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that:

a DEO Soc.5.1 seeks to ensure that uses that may conflict with residential amenity “are adequately separated and/or buffered from residential areas”;

b the Proposed Development would result in noise impacts that would conflict with residential amenity; and

c the Proposed Development would not be adequately separated or buffered from residential areas to avoid or mitigate those impacts.


224 Adopted Report


3 The Proposed Development would compromise the achievement of DEO.Soc.5.2 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Soc.5.2 seeks to ensure that the design and layout of development

“minimises any potential activities to adversely impact upon the amenity of nearby residential premises”;



4 The Proposed Development would compromise the achievement of DEO.Soc.5.3 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that:

a DEO Soc.5.3 seeks to control “the ongoing operational aspects of development to levels that are appropriate for a reasonable standard of amenity in nearby residential premises”; and


5 A decision to approve the Proposed Development would conflict with Performance Criteria PC19 and PC20 of the Emerging Communities Domain Place Code in Part 5, Division 2, Chapter 18 of the Planning Scheme in that:

a Performance Criterion PC19 requires that proposed development “not detract from the amenity of the local area”, including in relation to noise;

b the Proposed Development would result in noise impacts on the local area that would detract from amenity.

6 A decision to approve the Proposed Development would conflict with the intent of for the Rural Precinct of the Inter-Urban Break Structure Plan within the Emerging Communities Domain) identified in section 14.5.5 of Part 5, Division 2, Chapter 18 of the Planning Scheme in that:

a the section identifies that it is intended that the existing amenity of the Rural Precinct “not be adversely impacted upon”;

b the Proposed Development would result in noise impacts that would adversely impact the existing amenity of the relevant locality of the Rural Precinct.

7 There are no matters of public interest that would justify a decision to approve the Development Application despite the conflicts identified above.

Author: Authorised by: Nathan Vincent / Jemma Glover Dyan Currie Senior Planning Officer Director Planning and Environment July 2016


225 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 COMMITTEE RECOMMENDATION CP16.0720.003 moved Cr P J Young seconded Cr G O'Neill That Council resolves as follows:

Real property description Lot 1 on WD3475 Address of property 484 Pimpama Jacobs Well Road, Pimpama Area of property 455,710m2 Decision type Development Permit for Material Change of Use for

Outdoor Recreation (Motor Sport and Training Facility)

Further development permits Not Applicable Further compliance permits Not Applicable Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council refuses the application for a development permit for material change of use for Outdoor Recreation (Motor Sports and Training Facility), for the following reasons:

1 The Proposed Development would compromise the achievement of Desired Environmental Outcome (DEO) Econ.4.3 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Econ.4.3 seeks to facilitate opportunities for new tourist development in

appropriately designated areas, “where environmental values are not compromised and the reasonable amenity expectations of residents can be accommodated”;


c accordingly, the Proposed Development would compromise environmental values, namely the qualities of the acoustic environment that are conducive to: i human health and wellbeing; and ii protecting the amenity of the community;

d further, the Proposed Development would not accommodate the reasonable amenity expectations of residents in that: i as a result of the Premises being located within the Emerging Communities

Domain and subject to the conditions of the existing Development Permit granted by the Planning and Environment Court in Appeal No. B1426 of 2008, residents in the vicinity of the Premises have a reasonable expectation that amenity will not be further adversely impacted; and

ii the Proposed Development would fail to accommodate that reasonable expectation, as it would materially exacerbate the amenity impacts of the use of the Premises.


226 Adopted Report

ITEM 3 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION – LOT 1 ON WD3475 - 484 PIMPAMA JACOBS WELL ROAD, PIMPAMA - DIVISION 1 PN183001/01/DA11 2 The Proposed Development would compromise the achievement of DEO.Soc.5.1 in

Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Soc.5.1 seeks to ensure that uses that may conflict with residential amenity

“are adequately separated and/or buffered from residential areas”; b the Proposed Development would result in noise impacts that would conflict with

residential amenity; and c the Proposed Development would not be adequately separated or buffered from

residential areas to avoid or mitigate those impacts. 3 The Proposed Development would compromise the achievement of DEO.Soc.5.2 in

Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Soc.5.2 seeks to ensure that the design and layout of development

“minimises any potential activities to adversely impact upon the amenity of nearby residential premises”;



4 The Proposed Development would compromise the achievement of DEO.Soc.5.3 in Part 2, Division 1, Chapter 3 of the Planning Scheme in that: a DEO Soc.5.3 seeks to control “the ongoing operational aspects of development

to levels that are appropriate for a reasonable standard of amenity in nearby residential premises”; and


5 A decision to approve the Proposed Development would conflict with Performance Criteria PC19 and PC20 of the Emerging Communities Domain Place Code in Part 5, Division 2, Chapter 18 of the Planning Scheme in that: a Performance Criterion PC19 requires that proposed development “not detract

from the amenity of the local area”, including in relation to noise; b the Proposed Development would result in noise impacts on the local area that

would detract from amenity. 6 A decision to approve the Proposed Development would conflict with the intent of for

the Rural Precinct of the Inter-Urban Break Structure Plan within the Emerging Communities Domain) identified in section 14.5.5 of Part 5, Division 2, Chapter 18 of the Planning Scheme in that: a the section identifies that it is intended that the existing amenity of the Rural

Precinct “not be adversely impacted upon”; b the Proposed Development would result in noise impacts that would adversely

impact the existing amenity of the relevant locality of the Rural Precinct. 7 There are no matters of public interest that would justify a decision to approve the

Development Application despite the conflicts identified above.

CARRIED


227 Adopted Report

of the City Planning Committee Meeting · 2019-06-23 · ADOPTION BY COUNCIL 26 JULY 2016 ....

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Transcript of of the City Planning Committee Meeting · 2019-06-23 · ADOPTION BY COUNCIL 26 JULY 2016 ....