City Planing Committee Meering 14 October 2015

Transcription

City Planing Committee Meering 14 October 2015
706
Adopted Report
of the
City Planning Committee Meeting
held
Wednesday 14 October 2015
at
9am
Council of the City of Gold Coast Chambers
135 Bundall Road, Surfers Paradise
Vision
Inspired by lifestyle. Driven by Opportunity
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
2
Adopted Report
Index
Adopted Report of 706
City Planning Committee Meeting
Wednesday 14 October 2015 at 9am
Item
Direct
Div:
File
Page
Subject
City Development Branch
1#
P&E
10
PN62857/01/DA2
5
Development Permit For Material
Change Of Use (Impact
Assessment) For Apartments (24
Units) - Lot 9 On RP42887 - 14
Cannes Avenue, Surfers Paradise Division 10
2
P&E
1
PN149285/01/DA1
132
Development Permit For A Material
Change Of Use (Code Assessable)
For A Telecommunication Facility Lot 2 On RP198902 - 40 Jenkins
Court, Upper Coomera – Division 1
3
P&E
7
PN51033/01/DA2
168
Development Permit For A Material
Change Of Use (Impact
Assessment) For A Childcare
Centre - Lot 12 On RP87176 And
Lot 13 On RP87176 - 92 Slatyer
Avenue, Bundall – Division 7
4#
P&E
14
PN5921/01/DA2
250
Development Permit For Material
Change Of Use (Impact
Assessment) For Apartments (28
Dwelling Units) - Lot 311 On B7082
-106 Pacific Parade, Bilinga Division 14
5#
P&E
PN301967/01/DA1
350
Development Permit For Material
Change Of Use (Impact
Assessment) For A Salvage Yard Lot 26 On Sp204791 - 42 - 44 Union
Circuit, Yatala – Division 1
City Planning Branch
1
6
P&E
TT1017/113/21/04(P1)
410
Request For A Review Of The
Policy Relating To Resident Permit
Parking
7
P&E
CE196/696/04(P1)
419
Nature Conservation Assistance
Program - 2015-16 Funding
Recommendations
General Business
8
P&E
PD97/-/-(P16)
#Officer's Recommendation changed by Committee
420
Consideration of Major Assessment
applications
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
3
Adopted Report
KEY:
CEO CMS EDMP CI -
Chief Executive Officer
Community Services
Economic Development & Major Projects
City Infrastructure
GCW OS P&E -
Gold Coast Water
Organisational Services
Planning & Environment
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ADOPTION BY COUNCIL 20 OCTOBER 2015
RESOLUTION
G15.1020.023
moved Cr Caldwell
seconded Cr Robbins
That the Report of the City Planning Committee’s Recommendations of Wednesday,
14 October 2015, numbered CP15.1014.001 to CP15.1014.008, be adopted with the
exception of:Recommendation Number CP15.1014.001 which was specifically resolved.
CARRIED
ATTENDANCE
Cr C M Caldwell
Cr A J D Bell
Cr G J Betts
Cr D Gates
Cr W M A Owen-Jones
Cr C L Robbins
Cr P A Taylor
Cr T R Tate
Chairperson
Mrs D Currie
Ms A Swain
Ms K Mahoney
Ms Z Meha
Director Planning & Environment
Manager City Development
Manager City Planning
Manager Business Support
Mayor
(arrived at meeting at 1015am, left at 10.25am)
The meeting adjourned at 10.18am and reconvened at 10.25am
APOLOGY/LEAVE OF ABSENCE
Nil
PRESENTATIONS
Nil
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1
CITY DEVELOPMENT BRANCH
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT)
FOR APARTMENTS (24 UNITS) - LOT 9 ON RP42887 - 14 CANNES AVENUE, SURFERS
PARADISE - DIVISION 10
PN62857/01/DA2
Refer 10 page attachment
1
OVERVIEW
Site address
14 Cannes Avenue, Surfers Paradise
Application
description
Development Permit for Material Change of Use for Apartments (24
units)
Decision due date 26 October 2015
The development involves the establishment of a ten (10) storey
Apartment building, with a total of 24 units.
The Apartment building provides 24, two (2) bedroom units, with a total
of 48 bedrooms. The Apartments range in size from 85m² to 98m²
(excluding balconies).
Summary of Development Parameters
Total Apartments
24 units
Building Height
10 storeys (as technically defined
by the Planning Scheme), with a
maximum height of 32.5 metres.
• 2 levels of car parking (ground
level and level 1).
• 8 residential levels of
apartments.
• Roof top terrace.
Proposal
Apartment Gross Floor Area
3,108m²
Plot Ratio
3.6:1
Total Bedrooms
48 bedrooms (24 x 2 bedroom
units).
Residential Density
1 bedroom per 17.92m²
1 dwelling per 35.83m²
Site Coverage
Ground- 63%
Car Parking and Bicycle
Parking
Tower- 48%
• 24 resident car parks provided
on site and 3 visitor car parks
to be accommodated on
street.
• 28 bicycle spaces.
Communal Open Space
• 187m² roof top terrace.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Issue
Main
Issues/Resolution Building Density- exceeding the
Code Assessable density
provision of RD5 (1 bedroom per
50m²).
Resolution
Supported- appropriate outcome
achieved.
The Applicant is proposing a total
of 48 bedrooms or 1 bedroom per
17.92m². Based on the site area of
860m², the Code Assessable
density of RD5, would allow for the
establishment of 17.2 bedrooms.
The design of the development
ensures a built form outcome that
is not visually intrusive or
detrimental to the existing
streetscape character. Sufficient
setbacks and landscaping are
provided to both adjoining
properties and to the Cannes
Avenue frontage.
The site is within a 245 metre
walking distance to a light rail
station and review of technical
reports indicates that adequate
infrastructure capacity exists to
accommodate the development.
Building Setbacks and Site
Coverage- exceeds the
Acceptable Solutions prescribed
by the Planning Scheme.
Supported- appropriate outcome
achieved.
The building is well separated from
existing properties and the built
form is not considered to be
austere, bulky or visually intrusive
and the development is seen to
contribute to and enhance the
existing streetscape character.
Sufficient landscape treatments
provide an aesthetically pleasing
outcome to adjoining properties,
with the built form designed in a
manner that best addresses the
site configuration.
Plot Ratio- exceeding the basic
plot ratio of 1.23:1 as prescribed
by the Acceptable Solution.
Supported- appropriate outcome
achieved.
The Applicant has utilised Planning
Scheme Policy 18 to provide public
benefit worthy of gross floor area
bonuses. The Applicant is
proposing $44,300 for urban
improvements to the war memorial
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
located at Cascade Gardens,
Broadbeach. $5,700 is proposed
as a contribution for the future
expansion of the existing footpath
network in the neighbourhood and
a contribution of $15,000 is
proposed for the planting of 30
additional street trees along
Cannes Avenue and Genoa Street.
The Applicant has also been
granted bonuses for architectural
merit associated with good building
design.
The relevant Council departments
have reviewed the proposed
contributions and confirm all are
welcomed contributions.
Communal Open Spaceprovided in the form of a roof top
terrace.
Supported- appropriate outcome
achieved.
Car Parking- the Acceptable
Solution requires the provision of
44 car parking spaces for
residents and six (6) spaces for
visitors.
Supported- appropriate outcome
achieved.
Transport Assessment have
reviewed the proposal and
consider the number of car parking
spaces proposed acceptable due
to the site’s proximity (245m) to a
light rail station, the existing bus
stops and to Surfers Paradise and
Broadbeach which are both
considered Activity Centres. The
Applicant has provided 24 spaces
on site for the use of residents (1
space per unit) and due to the size
of the site’s frontage Transport
Assessment have accepted that
three (3) spaces for visitors be
accommodated on street, at a rate
of 1 space per 10 units.
Objections
Support
The designated communal roof top
terrace provides a useable
recreational area to service the
needs of residents and guests.
Submissions
One (1) not properly made
objection.
Key issues raised
by submitters
Building height, building density, overshadowing, building setbacks,
amenity, traffic and car parking.
Referral agencies
Not Applicable
Nil.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer's
recommendation
Approval
REPORT STRUCTURE
1
OVERVIEW
2
EXECUTIVE SUMMARY
3
APPLICATION INFORMATION
4
BACKGROUND
5
PROPOSAL
6
SITE & ENVIRONMENT
6.1 Characteristics of site
6.2 Characteristics of surrounding environment
7
PLANNING ASSESSMENT
7.1 Draft City Plan 2015
7.2 Assessment against Gold Coast Planning Scheme 2003
10
SOUTH EAST QUEENSLAND REGIONAL PLAN
11
RELEVANT INTERNAL REFERRALS
11.1
Health and Regulatory Services
11.2
Transport Assessment
11.3
Subdivision Engineering
11.4
Open Space Assessment
11.5
Architect
11.6
Gold Coast Water
11.7
City Infrastructure
11.8
Plumbing and Drainage
11.9
Environmental Assessment
11.10
Operational Works
11.11
Hydraulics and Water Quality
11.13
Arborist
11.14
Landscape Assessment
12
EXTERNAL REFERRALS
13
DEVELOPMENT INFRASTRUCTURE
14
PUBLIC NOTIFICATION
15
ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL
16
CONCLUSION
17
NOTIFICATIONS
18
RECOMMENDATION
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
2
EXECUTIVE SUMMARY
Council is in receipt of an application for a Development Permit for Material Change of Use
(Impact Assessment) for Apartments (24 units), located at 14 Cannes Avenue, Surfers
Paradise, properly described as Lot 9 on RP42887.
Pursuant to the Gold Coast Planning Scheme 2003, the subject site is located within the
Residential Choice Domain. According to the Material Change of Use Table of Development
A, Apartment is a listed Code Assessable land use.
A review of the overlay provisions listed within the Material Change of Use Table of
Development B indicates that the subject site has a Code Assessable building height of 30
storeys and a designated residential density of RD5, being 1 bedroom per 50m² of net site
area. The development proposes a building height of ten (10) storeys and a residential
density of 1 bedroom per 17.92m² of net site area. Although complying with the Code
Assessable building height provision, the proposed development exceeds the RD5 density
designation under the Overlay Map OM4- Residential Density, and is therefore subject to
Impact Assessment.
The proposed development has been assessed against the Residential Choice Domain
Place Code and all applicable Specific Development Codes and Constraint Codes of the
Gold Coast Planning Scheme 2003.
An assessment of the application has determined that although a number of alternative
solutions are sought, the proposed development is considered to comply with all applicable
Codes, and therefore, an appropriate outcome can be achieved for the site.
The development complies with the intent of the Residential Choice Domain, and where
required, conditions have been included in the Officer’s recommendation to ensure
compliance with the relevant Performance Criteria. Considerations of the proposed
Alternative Solutions are discussed within the report.
In response to public notification, no properly made submissions were received. One (1) not
properly made submission was received which raised points of objection relating to building
height, building density, overshadowing, building setbacks, amenity, traffic and car parking.
The concerns have been addressed in this report as common material and suitable
conditions have been included in the Officer’s recommendation to address each concern
where appropriate. Furthermore, the concerns do not warrant the refusal of this application.
The application did not trigger referral to the Department of Infrastructure, Local Government
and Planning.
It is recommended the application be approved, subject to the conditions of approval
provided in the Officer’s recommendation.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
3
APPLICATION INFORMATION
Real property description
Lot 9 on RP42887
Applicant
Hoozoom Pty Ltd C/- Place Design Group
Owner at time of lodgement
Hoozoom Pty Ltd
Current owner
Hoozoom Pty Ltd
Site area
860m²
Date application received
5 May 2015
Date entered decision
20 August 2015
Domain
Residential Choice Domain
Draft City Plan 2015
High Density Residential Zone
State planning policies
Not Applicable- refer to section 8
Decision type
Development Permit for Material Change of Use for
Apartments (24 units)
4
BACKGROUND
There is no relevant background history to note.
5
PROPOSAL
The Applicant is seeking a Development Permit for Material Change of Use for Apartments.
Image 1- Proposed development showing 2 vehicle crossings fronting Cannes Avenue
The development involves the establishment of a ten (10) storey Apartment building, with a
total of 24 units. The development proposes a maximum height of 32.5 metres and will
accommodate two (2) levels of car parking, with eight (8) levels of residential units in addition
to a roof top terrace.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 2- Proposed development fronting Cannes Avenue
The Apartment building provides 24, two (2) bedroom units, with a total of 48 bedrooms. The
Apartments range in size from 85m² to 98m² (excluding balconies). The development
proposes a gross floor area of 3,108m² and a plot ratio of 3.6:1.
Car Parking
In total, 27 car parking spaces are proposed to service the development. 24 of these spaces
are provided on site and are designated to residents, with the three (3) visitor spaces to be
accommodated on street directly adjacent to the site’s boundary. A total of 28 bicycle spaces
are provided on site to service the development.
Ground Level
Vehicle access to the site is proposed via two (2) separate vehicle crossovers off Cannes
Avenue. The southern crossover provides access to the ground level car park which
accommodates a total of 13 resident car parking spaces and 22 bicycle spaces. An
additional four (4) visitor bicycle spaces are provided to the Cannes Avenue frontage.
The ground level of the development also accommodates services, an internal lift, lobby, bin
storage and the temporary service point. A separate pedestrian access point is also provided
from the Cannes Avenue frontage to the development’s lobby.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 3- Site Plan
Level 1
The northern crossover provides access off Cannes Avenue up a vehicle ramp to the
elevated car park that accommodates eleven (11) designated resident car parking spaces.
Level 1 also accommodates an additional two (2) bicycle spaces and houses the internal lift
and plant room. The edges of the car park level will be appropriately treated by using a
variety of materials and textures to create visual interest. Landscaping is also proposed to
soften the visual appearance of the car park when viewed external to the site.
Level 2 and Level 9
These floors provide three (3), two (2) bedroom units ranging in size from 80m² to 92m², in
addition to balconies that are between 13m² and 30m² in area.
Level 3 to Level 8
These floors contain three (3), two (2) bedroom units ranging in size from 85m² to 98m², in
addition to balconies that are between 13m² and 30m² in area.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
13
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 4- Typical Floor Plan
Level 10 (Roof Top)
The unclosed roof top terrace provides 187m² of communal open space. This includes the
provision of a BBQ, communal dining area, artificial turf area and ancillary landscaping and
feature shade trees. The roof top also accommodates some plant equipment.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
14
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 5- Proposed roof top terrace
Building Setbacks
Due to the site configuration, proposed building form and articulated façade, setbacks vary to
each boundary as detailed below. The measurements listed below represent the minimum
setbacks proposed and in all cases significantly larger setbacks are achieved to the
abovementioned boundaries. As such, the plans referenced within Condition 1 should be
reviewed simultaneously when reading the below table.
Table 1: Setbacks
Boundary
Ground
Level 1
Level 2-9
Level 10
Cannes Avenue (west)
1m
1m
400m
1m
Cannes Avenue (north)
14m
10m
7.8m
18m
East
1.1m
1.1m
3m
5m
South
1.5m
1.5m
5m
7m
Waste
Bulk refuse bins are stored on the ground level car park and refuse collection is proposed
from Cannes Avenue. On collection days, the site manager will transfer the bins from the
store room to the road frontage for collection.
Public Benefit Works
In an attempt to gain floor space bonuses, the Applicant has proposed public benefit works in
the form of $44,300 for urban improvements to the war memorial located at Cascade
Gardens, Broadbeach. $5,700 is proposed as a contribution for the future expansion of the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
15
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
existing footpath network in the neighbourhood and a contribution of $15,000 is proposed for
the planting of 30 additional street trees along Cannes Avenue and Genoa Street. It should
be noted that this street tree planting is in addition to the proposed on site streetscape
planting that will include trees three (3) to five (5) metres in height at the time of planting.
Stormwater
In respect to stormwater quality, the Applicant is proposing a bioretention basin to treat
stormwater runoff from the proposed development. In respect to stormwater quantity, as
there is no increase in peak flow rates discharging from the site no mitigation measures are
required.
The proposed development involves works below the designated flood level (3.3m AHD)
which will include the construction of a carpark at a level of 2.7m AHD.
Water Supply and Sewer
The development is proposing to connect to the existing mains located along Cannes
Avenue.
6
SITE & ENVIRONMENT
6.1 Characteristics of site
The subject site is located at 14 Cannes Avenue, Surfers Paradise, properly described as Lot
9 on RP42887. The site is located within the Residential Choice Domain and totals 860m² in
area.
Image 6- Subject Site
The subject site is currently improved by an existing detached dwelling, carport, shed and
family accommodation unit. Access is currently gained via a crossover off Cannes Avenue
with a second unused crossing also existing to the street frontage.
The site is triangular in shape with a frontage of approximately 55 metres onto Cannes
Avenue.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
The subject site is generally flat in topography, with a slight grade towards Cannes Avenue.
Ground levels range from 2.89m AHD in the south eastern corner to 2.02m AHD in the north
western corner.
The site accommodates some vegetation and two (2) large Poinciana trees exist within the
road reserve directly adjoining the site.
The site is not encumbered by any easements and water, sewer, stormwater, electrical and
telecommunication infrastructure is readily available.
Image 7- Facing north along Cannes Avenue (subject site shown on right)
Image 8- Facing north along Cannes Avenue (subject site shown on right)
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
17
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 9- Facing south (subject site shown in white)
Please refer to Attachment 1 for an aerial photo of the subject site.
6.2 Characteristics of surrounding environment
The immediate area is characterised predominately by residential development that varies
from low density detached dwellings to high rise apartment buildings.
Image 10- Subject site and surrounding zoning
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
In terms of the immediate locality, the site fronts Cannes Avenue to the north and west. To
the north of the site on the opposing side of Cannes Avenue exists Neddy Harper and
William Duncan Park.
Image 11- Public park located north of the site on the opposing side of Cannes Avenue
To the west of the site on the adjoining side of Cannes Avenue exists a three (3) storey
detached dwelling.
Image 12- Existing detached dwelling located on opposing side of Cannes Avenue
Immediately to the east exists a three (3) storey apartment building, with a light rail station
also located 245 metres east of the site.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
19
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Adjoining the site to the immediate south exists a three (3) storey apartment building and a
detached dwelling.
Image 13- Showing southern shared site boundary and adjoining property
Located further south with a frontage to both Monaco Street and Cannes Avenue is the
existing 15 storey Monaco riverfront apartments.
Image 14- Monaco Riverfront apartments
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
20
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
It should also be noted that a Material Change of Use approval for a seven (7) storey
Apartment building with a total of 16 units was recently approved at 19 Cannes Avenue,
Surfers Paradise, which is located to the south west of the site.
Please refer to Attachment 2 for an aerial photo of the subject site in context to surrounding
environment.
7
PLANNING ASSESSMENT
Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager
must consider when assessing an impact assessable application. In brief, the assessment
manager must assess the part of the application against each of the following matters or
things to the extent relevant:
ƒ the State planning regulatory provisions
ƒ the regional plan for a designated region
The subject site is identified within
the urban footprint and as such
does not trigger assessment
against the South East Queensland
Regional Plan 2009-2031 State
Planning Regulatory Provisions.
The subject site is located within
the Urban Footprint of the South
East Queensland Regional Plan.
ƒ State planning policies (unless appropriately
reflected in any relevant regional plan or planning
scheme)
ƒ a structure plan
Not Applicable
ƒ for development in a declared master planned
area—all master plans for the area
ƒ a temporary local planning instrument
Not Applicable
ƒ an earlier preliminary approval to which section
242 applies
ƒ a planning scheme
Not Applicable
ƒ the infrastructure charge resolution or the priority
infrastructure plan.
Infrastructure charges for the
proposed development are levied
under the infrastructure charges
resolution by way of an
infrastructure charges notice.
Not Applicable
Not Applicable
Refer to section 7.2- Planning
Scheme Assessment below.
Refer to section 13 below.
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 throughout the
assessment.
• any development approval for, and any lawful use of,
premises the subject of the application or adjacent
premises
Refer to Section 4 – Background
and Section 6 – Site and
Surrounding Environment.
• any referral agency’s response for the application
Not Applicable
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
21
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
7.1 Draft City Plan
Pursuant to the Draft City Plan, the subject site is included within the High Density
Residential Zone. The site is identified as having no building height limit (as it is subject to
design criteria and site context) and has a residential density designation of RD 8 (1
bedroom per 13m² of net site area).
Image 15- Subject site designation under Draft City Plan 2015
The subject application was deemed Properly Made with Council on 7 May 2015, with public
notification completed and the Decision Making period starting on 20 August 2015. The
assessment of the application has been made against the current Planning Scheme being
the scheme inforce at the time of the decision making period commencing.
7.2
Assessment against Gold Coast Planning Scheme 2003
Place code
Residential Choice
Domain
Constraint code
Specific development code
Car Parking, Access and
Transport Integration
High Rise Residential and Tourist
Accommodation
Gold Coast Airport and
Aviation Facilities
Landscape Works
Works for Infrastructure
Flood Affected Areas
Sediment and Erosion
Control
In summary, the proposed development requires the consideration of the following
alternative solutions relating to the following codes:
• Residential Choice Domain Place Code
− Acceptable Solution AS2.1.3, in relation to density.
− Acceptable Solution AS3.1.2, in relation to site coverage.
− Acceptable Solution AS4 and AS7, in relation to setbacks.
• High Rise Residential and Tourist Accommodation Specific Development Code
− Acceptable Solution AS1, in relation to setbacks.
− Acceptable Solution AS3.1.1, in relation to site coverage.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
22
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
− Acceptable Solution AS11, in relation to landscape works.
− Acceptable Solution AS17.1, in relation to plot ratio.
− Acceptable Solution AS19, in relation to shadow.
− Acceptable Solution AS22, in relation to communal open space.
• Car Parking, Access and Transport Integration Constraint Code
− Acceptable Solution AS16, in relation to car parking.
Relationship to the Domain or LAP
The subject site is located in the Residential Choice Domain.
Pursuant to the Planning Scheme, the proposed land use is defined as 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.”
An Apartment land use triggers Code Assessment pursuant to Table of Development A
(Material Change of Use).
However, assessment of the development against the overlay provisions listed within the
Material Change of Use Table of Development B indicates that the proposed building density
exceeds the Code Assessable threshold (RD5- 1 bedroom per 50m² of net site area) as per
Overlay Map OM4- Residential Density and as such triggers Impact Assessment.
The intent statement for the Residential Choice Domain reads:
“This domain seeks to support the provision of a range of housing choice that is
responsive to the changing demographic structure of the City, whilst maintaining an
efficient land use pattern. The purpose of this domain is to support the development of
a residential pattern comprising mixed dwelling types, including detached dwellings,
attached dwellings and apartment buildings that relate well to each other. This domain
seeks to:
•
Support residential densities that are moderately higher than traditional detached
dwelling areas;
•
Facilitate a wide variety of home office, home occupation and residential support
services to be located within the domain, commensurate with local residents'
needs; and
•
Achieve a high standard of residential amenity across the range of dwelling types
in the domain.”
Officer’s Comments:
Officers have assessed the proposed development and consider the proposal to comply with
the Residential Choice Domain intent. The Apartment land use is envisaged within the Table
of Development, and as such is a listed Code Assessable use. The development is only
subject to Impact Assessment as a result of the proposed building density.
The development provides a residential land use consistent with the established land use
pattern within the surrounding area and conducive to the land use pattern envisaged by the
intent.
Officers have reviewed the development and determined it appropriate in maintaining
residential amenity by providing a building height of ten (10) storeys, which is well below the
30 storey Code Assessable height designation. Officers are satisfied that the development
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
23
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
delivers a design outcome that does not adversely impact on the existing amenity of
permanent residents residing within the immediate area. Planning Officers and the City
Architect’s Office consider the building form to be of a high standard and sympathetic to the
adjoining sites.
As required by the intent, the development provides a residential density (1 bedroom per
17.92m²) higher than traditional detached dwelling areas. Officers consider the scale and
intensity to be consistent with other existing and approved developments within proximity to
the site and do not consider the density to result in an overdevelopment of the site. Sufficient
parking and bicycle parking is provided to service the development and adequate setbacks to
protect privacy of adjoining residents have been provided to the east and south boundaries.
Areas for deep planning exist to the frontage of the site and sufficient landscape buffers have
been provided to the east and south boundaries. The raised car parking podium has also
been well treated in an array of different materials and colours to ensure an appropriate
interface is provided to adjoining properties. Officers are also comfortable that adequate
landscaping has been provided to ensure an acceptable level of urban amenity.
The development provides a two (2) bedroom dwelling unit product in the form of Apartment
style living, which will add to the mix of housing product currently provided within the vicinity
of the site.
Based on the above, Officers have determined the development complies with the intent of
the Residential Choice Domain.
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
PC2- Accommodation Density
Accommodation density must be
consistent with the residential
character of the local area and
contribute to the achievement of a
variety of dwelling types in the local
area.
Acceptable solution
AS2.1.3
The site is designated with a specific
maximum residential density on Overlay Map
OM4 – Residential Density and the
development does not exceed the indicated
maximum residential density.
Officer’s Comments:
The Applicant is seeking an alternative solution to AS2.1.3, as the development proposes a
density of 1 bedroom per 17.92m² of net site area, which exceeds the Code Assessable
density of 1 bedroom per 50m² of net site area. The Applicant is proposing a total of 48
bedrooms, with the Code Assessable density permitting a total of 17.2 bedrooms based on
the 860m² site area.
In demonstrating compliance with the relevant Performance Criteria, the Applicant is required
to firstly illustrate that the proposed density is consistent with the residential character of the
local area.
Officers are satisfied that the proposed density will not be detrimental to the residential
character of the local area and considers the provision of 24 units conducive to the
established and envisaged character of this area. The Planning Scheme seeks building
heights up to 30 storeys, with the Residential Choice Domain intent seeking the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
24
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
establishment of building densities that are moderately higher than traditional detached
dwelling areas, which is what the development achieves. This is supported by a recent
Council Decision at 19 Cannes Avenue, Surfers Paradise which gave approval for a 7 storey
high rise apartment with a density of 1 bedroom per 32m² of net site area.
The proposed development will also provide a range of two (2) bedroom product in a high
rise apartment form. This will add variety to the existing dwelling types in the local area,
demonstrating compliance with the second portion of the Performance Criteria.
In addition to the above, Officers consider the proposed density appropriate for the following
reasons:
• The site is located in the middle of two (2) Activity Centres, being Surfers Paradise
(located 1.8kms) north of the site and Broadbeach (located 1.8kms) south of the site,
which have an established image characterised by a concentration of high rise and high
density development making up the coastal spine of the City.
• The site is located a 245 metre walking distance from a light rail station and a number of
bus routes which provides linkages to the coastal strip activity hubs, Griffith University and
the Gold Coast to Brisbane heavy railway line. The desire to increase density in and
around proximity to these stations aligns with the Gold Coast Rapid Transit Corridor
Study. The establishment of higher densities around the corridor are supported as it
ensures a sufficient population catchment exists to utilise the infrastructure and
encourages the use of active transport. The study expresses the need for high quality
residential infill development in order to attract permanent residents back to the urban
core.
• The residential density does not constitute an overdevelopment of the site. Transport
Assessment staff are satisfied that adequate car parking exists to service the
development. Sufficient amounts of private open space and communal open space are
provided on site, appropriate setbacks are provided to neighbouring properties and the
built form ensures an outcome that is not visually intrusive or detrimental to the existing
streetscape character.
• A number of technical reports have been submitted as part of this application to
demonstrate that the proposed development is consistent with planned infrastructure
capacities and that the development can be catered for within the existing network.
Transport Assessment staff have reviewed the proposal and are satisfied that the existing
road network can handle the additional traffic generated as a result of the development.
Hydraulic Engineering staff are satisfied that stormwater generated as a result of the
development will not have any adverse impact on neighbouring properties and can be
accommodated within the existing network.
Gold Coast Water have also reviewed the proposal and are satisfied that the existing
infrastructure network can cater for and accommodate the proposed density.
Based on the above, Officers have determined that the development complies with
Performance Criteria 2 of the Residential Choice Domain Place Code.
Performance criteria
PC3- Site Coverage
The site coverage of all buildings must
not result in a built form that is bulky
and visually intrusive.
Acceptable solution
AS3.1.2
The site coverage does not exceed 40% of
the site area for all other uses.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
25
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
The Applicant is proposing an alternative solution to AS3.1.2, as the site coverage exceeds
the 40% provision prescribed by the Planning Scheme.
The proposed site cover is as follows:
• Ground: 63%
• Tower: 48%
Upon review of the plans, Officers are satisfied that the proposed site coverage is
appropriate, as the design of the development ensures an outcome that is not bulky or
visually intrusive. All facades of the development have ensured a building form that is well
articulated through the integration of varying materials, the use of balconies, screening and
landscaping. Each level of the development has provided an appropriate interface with the
street, with elements of depth and a change in materials adding considerable visual interest.
In addition to the above, the City’s Architect Office has reviewed the proposed development
and provided the following comments in respect to the architectural outcome and design:
“The revised application presents as a high quality architectural and urban design
outcome. The design is highly articulated with a strong geometric composition, and
provides a variety of materials, colours, textures and finishes. The proposal is unique
and visually appealing and will enhance the character of the precinct.”
Based on the above, Officers consider the development to comply with Performance Criteria
3 of the Residential Choice Domain Place Code.
Performance criteria
PC4- Building Setback
All buildings and covered car parking
spaces must provide for setbacks from
the street frontage and the side and
rear boundaries of the site, which are
appropriate to the efficient use of the
site and the streetscape character of
this domain.
Acceptable solution
AS4.1.1
The building and covered car parking space is
setback not less than six metres from the frontage
of the site.
AS4.1.2
The building (excluding covered car parking space
associated with a Detached Dwelling) is set back
from the side and rear boundaries at not less than:
a) 1.5 metres, measured from the outermost
projection of that part of the building which is 4.5
metres or less above ground level;
b) 2 metres, measured from the outermost
projection of that part of the building which is
greater than 4.5 metres but not greater than 7.5
metres above ground level;
c) 2 metres, plus 0.5 metres for every three metres
or part thereof, measured from the outermost
projection of that part of the building, which is
greater than 7.5 metres above ground level.
OR
AS4.1.3
The building is setback in accordance with a
specific development code that provides for a
greater building setback.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
26
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
The Applicant is proposing an alternative solution to AS4.1.1 and AS4.1.2 for setback
encroachments to all boundaries.
For convenience, Officers have summarised the proposed setbacks as per Table 2 below.
Table 2: Setbacks
Boundary
Ground
Level 1
Level 2-9
Level 10
Cannes Avenue (west)
1m
1m
400m
1m
Cannes Avenue (north)
14m
10m
7.8m
18m
East
1.1m
1.1m
3m
5m
South
1.5m
1.5m
5m
7m
Due to the site configuration, proposed building form and articulated façade, setbacks vary to
each boundary as detailed above. The measurements listed below represent the minimum
setbacks proposed and significantly larger setbacks are achieved at a number of points to
the abovementioned boundaries. As such, the plans referenced within Condition 1 should be
reviewed simultaneously when reading the above table and determining the development’s
compliance with the above Performance Criteria.
North and West boundary (Cannes Avenue)
Officers consider the proposed alternative solution to satisfy the Performance Criteria as the
development provides a setback from the street that allows efficient use of the site. The
reduced setbacks will not result in detrimental impacts to neighbouring properties and the
proposed frontage setbacks still allow sufficient room to accommodate all required services
associated with the development. Areas of deep planting are provided to the frontage to
accommodate trees with a planted height of three (3) metres to enhance the existing
streetscape character.
East boundary
In relation to the property to the east, the adjoining three (3) storey building is setback four
(4) metres from the shared boundary, with a driveway located along the entire property
boundary providing access to the adjoining building’s ground level car park.
To the ground level and level 1 car parking podium, the building is setback 1 metre to the
boundary, the tower which accommodates the residential levels is setback a minimum of
three (3) metres to achieve a minimum seven (7) metre separation between the proposed
development and the existing building to the east. The ground and level 1 car park have
been appropriately treated through using a variety of materials and textures that screen the
car park and create a degree of visual interest. Screen planting is also proposed which will
be 1.5 metres in height at the time of planting, but will grow to three (3) metres in height at
maturity.
South boundary
Two (2) properties adjoin the subject site to the south. The adjoining three (3) storey
apartment building at 23 Genoa Street, has an internal driveway located along the shared
boundary with the building setback two (2) metres.
To the ground level and level 1 car parking podium, the building is setback 1.5 metres to the
boundary, the tower which accommodates the residential levels is setback a minimum of five
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
27
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
(5) metres. As such, there exists seven (7) metres of separation between the residential units
on site and the existing development at 23 Genoa Street. The second adjoining property at
19 Genoa Street is a detached dwelling setback a minimum of five (5) metres from the
shared boundary. The setbacks of the proposed development to this boundary are as
mentioned above and therefore a separation distance of approximately ten (10) metres exists.
Screening planting is also proposed which will be 1.5 metres in height at the time of planting,
but will grow to three (3) metres in height at maturity.
Officers consider the proposed building setbacks as sufficient in terms of protecting privacy
of adjoining residents. The internal floor layout of the development has been well designed to
orientate balconies and main living areas away from these shared boundaries, with the
building core, bedrooms or bathrooms mainly located along these boundaries.
A review of the plans indicates that the building elements encroaching into the setback area
are to help articulate the façade and to provide a building design that creates visual interest
to best address the irregular configuration of the site.
Based on the above, Officers consider the development to comply with Performance Criteria
4 of the Residential Choice Domain Place Code.
Performance criteria
PC7- Building Setback
All buildings must provide for setbacks
from the street frontage and the side
and rear boundaries which are
appropriate to the efficient use of the
site and the streetscape character of
this domain.
Acceptable solution
AS7.1.1
The building is on a subject site designated
with a specific maximum building height
exceeding two storeys on Overlay Map OM6
– Maximum Building Height and is set back in
accordance with AS4.1.1.
Officer’s Comments:
The Applicant is proposing an alternative solution to AS7.1.1, as the site is designated with a
specific maximum building height that exceeds two (2) storeys as identified on Overlay Map
OM6 and it does not comply with the setbacks prescribed in AS4.1.1, being six (6) metres
from the frontage of the site.
As discussed in detail previously, Officers consider the building to provide an appropriate
setback from the street frontage and to the adjoining residential properties to allow efficient
use of the site and to also maintain the streetscape character of this area.
Based on the above, Officers consider the development to comply with Performance Criteria
7 of the Residential Choice Domain Place Code.
Performance criteria
PC11- Landscape Work
Landscaping proposals, for new
development, must clearly contribute
to the protection and enhancement of
the existing dominant visual features
of the local area.
Acceptable solution
AS11
No acceptable solution provided.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
28
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
Council’s Landscape Assessment section has reviewed the proposed development and
considers the proposal to comply with the relevant Performance Criteria.
Please refer to section 11.4 for comments from Landscape Assessment regarding the
development’s compliance with Performance Criteria 11 of the Residential Choice Domain
Place Code.
Performance criteria
PC13- Amenity Protection
The proposed use must not detract
from the amenity of the local area,
having regard, but not limited, to the
impact of:
Acceptable solution
AS13
No acceptable solution provided.
a) noise;
b) hours of operation;
c) traffic;
d) lighting;
e) signage;
f) visual amenity;
g) privacy;
h) odour and emissions.
Officer’s Comments:
Officers have reviewed the proposed development and consider it to comply with the
abovementioned Performance Criteria.
Noise and Hours of Operation
Council’s Health and Regulatory Services section have assessed the application which
included an acoustic report and have concluded that the development will not detract from
the amenity of the local area. The Applicant has been conditioned to submit an acoustic
compliance report to Council for approval that is prepared by a suitably qualified acoustic
consultant.
Traffic
Transport Assessment staff have conducted an assessment and consider the additional 24
units to generate in the order of nine (9) to 14 additional vehicle trips in the peak hour. The
volume of traffic is considered to be insignificant in context of the wider road network.
Please refer to section 11.2 for further discussion on issues associated with car parking and
traffic.
Lighting
A standard condition is recommended to ensure any proposed lighting devices are
positioned appropriately and shielded, to no cause glare or nuisance to surrounding
residents.
Signage
As the use is residential in nature, no advertising devices are proposed.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
29
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Visual Amenity
The visual interest created by the development is a result of the articulated façade, use of
balconies and a variety of colours and textures which created strong architectural elements.
Officers are also satisfied that sufficient landscaping has been incorporated to enhance the
existing streetscape character and to ensure an aesthetically pleasing outcome to adjoining
residential properties.
Privacy
Officers consider the proposed building setbacks sufficient in protecting privacy of adjoining
residents. Please refer to discussion in Performance Criteria 4 of the Residential Choice
Domain Place Code which demonstrates how privacy is protected and maintained.
In respect to fencing, the plans indicate that the existing colourbond fence along the eastern
boundary will be retained and to the southern boundary a new colourbond fence will be
erected. No front fence is proposed.
Odour and Emissions
Due to the nature of development, officers do not consider odour and emissions generated
as a result of the development to be detrimental to the amenity of the local area.
Based on the above, it is considered that the development complies with Performance
Criteria 13 of the Residential Choice Domain Place Code.
Compliance with the relevant specific development code
The proposed development is required to demonstrate compliance with the following specific
development codes:
• High Rise Residential and Tourist Accommodation
• Landscape Works
• Works for Infrastructure
The proposal complies with all of the specific development code’s acceptable solutions and
performance criteria, except as follows:
High Rise Residential and Tourist Accommodation
Performance criteria
PC1- Setbacks
AS1.1
All buildings and associated structures
must provide for setbacks from the
street frontage and the side and rear
boundaries, having regard to:
The building is set back not less than six
metres from the frontage of the site and set
back from the side and rear boundaries at not
less than:
a) the efficient use of the site;
a) 1.5 metres to the outermost projection of
that part of the building that is 4.5 metres or
less above ground level;
b) the streetscape character of the
local area;
c) the existing and future built form of
the adjoining sites;
d) the separation from neighbouring
properties and from frontages to
roads.
Acceptable solution
b) two metres to the outermost projection of
that part of the building that is greater than
4.5 metres but not exceeding 7.5 metres
above ground level;
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
30
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
High Rise Residential and Tourist Accommodation
Performance criteria
Acceptable solution
c) two metres plus 0.5 metres for every three
metres or part thereof to the outermost
projection of that part of the building that is
more than 7.5 metres above ground level.
AS1.2
The building is in excess of 65 metres in
height, and is set back six metres plus an
additional one metre for every three metres
of building height in excess of 65 metres.
Officer’s Comments:
As noted within Part 7- Introduction to Codes, the provisions of the Residential Choice
Domain Place Code take precedence over the provisions of the Specific Development Code.
As such, compliance with the Planning Scheme has been assessed and discussed
previously when addressing Performance Criteria 4 of the Residential Choice Domain Place
Code.
Performance criteria
PC3- Site Coverage
All buildings must be designed to
maximise the separation between
buildings and open space around
buildings, so as to maintain an open
character within high rise residential
areas.
Acceptable solution
AS3.1.1
The development is an apartment, residential
hotel, serviced apartment building or hostel
accommodation, and the site coverage does
not exceed 40%.
Officer’s Comments:
As noted within Part 7- Introduction to Codes, the provisions of the Residential Choice
Domain Place Code take precedence over the provisions of the Specific Development Code.
As such, compliance with the Planning Scheme has been assessed and discussed
previously when addressing Performance Criteria 3 of the Residential Choice Domain Place
Code.
Performance criteria
PC11- Landscape Work
The development must include
landscaped areas adjoining the
frontages of the site which enhance
the streetscape and contribute to the
desired character of the area.
Acceptable solution
AS11
The development includes a landscaped area
of an average width of three metres, with a
minimum width of 1.5 metres, which:
a) adjoins all frontages of the site;
b) is landscaped so as to be at the same
level as, and integrated with, the footpath;
c) comprises deep planting of at least fifty
percent of this site area.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
31
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
Council’s Landscape Assessment section have reviewed the proposed development and
consider the proposal to comply with the relevant Performance Criteria.
Please refer to section 11.4 for comments from Landscape Assessment regarding the
development’s compliance with Performance Criteria 11 of the Residential Choice Domain
Place Code.
Performance criteria
PC17- Plot Ratio
All development must achieve a level
of intensity and scale which ensures
that an open urban character is
maintained, with some bonus in floor
space available where identified public
benefits are provided and accepted by
Council. Regardless of whether bonus
floor space is being sought, all
development is expected to be
designed to a high standard.
Development seeking bonuses must
have regard to Planning Scheme
Policy 18 – Using the Urban Design
Bonus Provisions. The maximum plot
ratio is not to be exceeded in any
circumstance.
Acceptable solution
AS17.1
The basic plot ratio of the development does
not exceed that determined by the addition of
Parts A and B from the Table to Acceptable
Solution AS17.1, provided that for a resort
hotel or a mixed use building a bonus basic
plot ratio of up to one can be awarded to
accommodate any non-residential land uses
located on the first three storeys, unless
otherwise provided for by an LAP. (Part B
calculations are not to include any storeys
used exclusively for non-residential
purposes).
AS17.2
The development contains two or more
buildings on the same site, and the number
of storeys used to calculate plot ratio will be
that of the tallest building on the site.
AS17.3
The maximum plot ratio of the development
does not exceed 4:1, unless a different
maximum plot ratio is provided by a relevant
LAP.
AS17.4
The development is a resort hotel or a mixed
use building, and the allowable plot ratio is
that derived from Parts A and B in the Table
to Acceptable Solution AS17.1 above (for the
residential component), plus a maximum of
one to accommodate any non-residential
uses located on the first three storeys above
ground level. (Part B calculations are not to
include any storeys used exclusively for nonresidential purposes).
AS17.5
The development contains two or more
buildings on the same site, and the number
of storeys used to calculate plot ratio will be
that of the tallest building on the site.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
32
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Performance criteria
Acceptable solution
AS17.6
The total plot ratio of the development does
not exceed 4:1, unless a greater maximum
plot ratio is allowed by a relevant LAP.
Officer’s Comments:
The Applicant is proposing an alternative solution as the proposed plot ratio of 3,108m²
(3.6:1) exceeds the basic plot (1.226:1 or 1,054.36m²) calculated by using the Part A and
Part B formula prescribed within Acceptable Solution AS17.1.
As part of the information request, officers requested the Applicant’s plot ratio bonus table be
recalculated to remove reference to bonuses that were not supported by Council. This
related to a bonus for public safety and a bonus for the development reaching Code
Assessable density. The Applicant submitted a revised calculation as noted below.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
33
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
34
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 16- Applicant’s proposed plot ratio
Upon review of the above table, officers raised concern with the bonus sought under Section
10.1, for delivering an outstanding building form which results in substantial building costs.
This is not a bonus that falls within the scope of Policy 18 and the Applicant has already
been awarded bonuses for the proposed building form.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
35
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
The below table represents the plot ratio bonuses calculated and supported by the Assessing
Officer.
Policy Section
Achieved via
Floor space bonus
Officer Comments
Basic Plot Ratio as per
AS17.1
Site Area- 860m²
1.226:1 (1,054.36)
-
8.1 Urban
Improvements
Additional planting of
street trees along the
Cannes Avenue and
Genoa Street road
reserve as per the
below image$15,000
proposed for 30 street
trees
4m² per $500 of public
benefit= 120m² bonus
Officers agree with
the proposed
contribution.
Total
Please refer to the
image below showing
the proposed location
of street tree planting.
1,054.36+120
=1,174.36m²
Section 9.1 Urban
Design
The proposed
development will add
value to the iconic
skyline of Surfers
Paradise and
represent the values
of the Gold Coast by
being an outstanding
design and
incorporating
landscape elements.
Total
8%
Officers agree with
the proposed
contribution.
1,174.36m² x 8%=
93.95m² bonus
1,268.31m²
10-1 Architectural Merit
Final Total
Innovative range of
building materials
10%
Officers agree with
the proposed
contribution.
An equivalent 4 star
Green Star Rating
15%
Officers agree with
the proposed
contribution.
1,268.31x 25%=
317.078m² bonus
1,585.39m² (1.84:1)
GFA difference
• Proposed GFA of
3,108m² (3.61:1)
• GFA with granted
bonuses 1,585.39m²
• 3,108m²-1,585.39m²
=1,522.61m² (1.77:1)
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
36
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Image 17- Proposed street tree locations
Based on the GFA calculation determined above, the Applicant was requested to revisit the
proposed plot ratio calculations and due to the size and scale of the development the
Applicant was requested to provide additional contributions. As a result, the following
contributions were proposed:
• $44,300 for urban improvements to the war memorial located at Cascade Gardens,
Broadbeach; and
• $5,700 for the future expansion of the existing footpath network in the neighbourhood.
In total, $65,000 of public benefit works are proposed which is considered reasonable for the
scale of development proposed.
Officers and the City Architect’s Office have assessed the proposal and consider the
proposed development to achieve an appropriate level of intensity of scale. It should also be
noted that the maximum plot ratio of 4:1 is not exceeded.
Based on the above, the development is considered to comply with Performance Criteria 17
of the High Rise Residential and Tourist Accommodation Specific Development Code.
Performance criteria
PC19- Shadow
The building must be located on the
site so as to minimise the period of
shadow intrusion onto surrounding
sites or other buildings on the same
site.
Acceptable solution
AS19
The shadow cast by the building in a true
south direction has a length 0.25 times the
height of the building, as measured from
ground level adjacent to the southern side of
the subject building to the top of the topmost
storey, and does not intrude onto any other
site, or does not cast shadow onto any other
building on the same site.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
37
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
The Applicant is proposing an alternative solution to AS19, as a review of the sun study
diagrams illustrate that at 0.25 times the height of the proposed building (when measured
from ground level adjacent to the southern side of the subject building), the shadow cast by
the proposed development projects approximately two (2) metres into the two (2) adjoining
residential properties to the south.
Officers are satisfied that the proposed southern shadow impacts provide minimal impact on
the surrounding sites. Officers are satisfied that the building has been strategically designed
and located on site to minimise the period of shadow intrusion onto surrounding sites.
A review of the submitted sun study diagrams of the equinox, winter solstice and summer
solstice demonstrate that adequate amounts of either morning or afternoon sun are provided
to the adjoining properties to the south and that the shadows do not have a detrimental
impact upon these properties. Additionally, the diagrams submitted by the Applicant revealed
that the shadow footprint and in turn movement is relatively fast moving across the adjoining
sites.
It should also be noted that the Code Assessable building height designated to the subject
site is 30 storeys, which would generate a significantly larger shadow impact on the southern
properties than the ten (10) storey building proposed.
Based on the above, officers do not consider the southern shadow to result in unacceptable
impacts on the amenity of adjoining residents and consider the development to comply with
Performance Criteria 19 of the High Rise Residential and Tourist Accommodation Specific
Development Code.
Performance criteria
PC22- Communal Open Space
AS22.1
The development must provide
sufficient communal open space on
the site, which:
The development provides open space for
recreation and landscaping purposes at the
following rates:
a) provides adequate and useable
recreational areas required to service
the needs of residents or guests of the
development;
• 11m² for each habitable room within each
guest suite of a residential hotel or resort
hotel
b) aesthetically complements the
buildings and enhances the
attractiveness of the development.
Acceptable solution
• 11m² for every 10m², or part thereof, of the
area provided for sleeping within hostel
accommodation
• 22m² for each one bedroom dwelling or
bed sitting unit
• 35m² for each two bedroom dwelling
• 45m² for each dwelling of three or more
bedrooms
AS22.2
The development includes an open space
area of at least 50% of the total open space
requirement in one parcel and this parcel,
has a maximum length to breadth ratio of
2.5:1.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
38
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Officer’s Comments:
The Applicant is proposing an alternative solution to AS22.1 and AS22.2. To demonstrate
compliance with AS22.1, the Applicant is required to provide 840m² of communal open space
which would prove difficult considering the size of the site is 860m². Due to the site
configuration and the design of the tower compliance with AS22.2 is not achieved.
The Applicant is proposing a 187m² roof top terrace as communal open space, which
Officers consider appropriate to service the units on site. In terms of the immediate area, on
the opposing side of Cannes Avenue exists Neddy Harper and William Duncan Park which is
1.28 hectares in area and the site is also located 500 metres from the beach.
The site is located in the midst of two (2) Activity Centres being Surfers Paradise (located
1.8kms) north of the site and Broadbeach (located 1.8kms) south of the site providing a
range of services to accommodate the needs of residents.
Officers are satisfied that adequate facilities exist on site to service the development and that
these provide useable and inviting areas to service residents or guests. Officers are also
satisfied that the roof top terrace aesthetically complements the building and is not
detrimental to the attractiveness of the development.
Based on the above, officers consider the development to comply with Performance Criteria
22 of the High Rise Residential and Tourist Accommodation Specific Development Code.
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
Gold Coast Airport and Aviation Facilities
Flood Affected Areas
Sediment and Erosion Control
Car Parking, Access and Transport Integration
Please refer to section 11.2 for discussion of the development’s compliance with this
constraint code.
Gold Coast Airport and Aviation Facilities
The proposal complies with all of the relevant acceptable solutions and performance criteria.
Flood Affected Areas
Please refer to section 11.11 for discussion of the development’s compliance with this
constraint code.
Sediment and Erosion Control
Please refer to section 11.11 for discussion of the development’s compliance with this
constraint code.
Desired environmental outcomes and/or land use themes
An apartment is a listed land use within the Residential Choice Domain and as such is a
contemplated use, subject to a character and impact assessment. An assessment of the
application has revealed that it complies with the intent of the Residential Choice Domain.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
39
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
However, to ensure a transparent assessment, Officers have also undertaken a review of the
proposed development against the higher order provisions of the Gold Coast Planning
Scheme 2003.
Part 2, Division 1, Chapter 1 – Introduction to the Desired Environmental Outcomes identifies
the role of Desired Environmental Outcomes. Specifically, this section states:
“The Desired Environmental Outcomes (DEOs) are the core of the Planning Scheme.
They provide the fundamental context (derived from the foundation research discussed
in Part 1, Division 2) for the Planning Strategies that follow in Part 3, and subsequently,
for the development assessment codes and other measures contained in the remaining
parts of the Planning Scheme. They therefore provide a primary focus or direction for
the entire Planning Scheme.”
The DEOs are expressed in terms of broad policy outcomes which seek to achieve
ecological sustainability for the City as a whole.
The DEO’s are separated into three (3) broad policy objectives being:
•
Ecological Processes;
•
Economic Development; and
•
Community Wellbeing.
The proposal has been assessed against the following Desired Environmental Outcomes, as
these have been identified as having specific relevance to the development application. It is
considered that the proposed land use does not compromise any of the relevant DEO’s in
the Planning Scheme.
Part 2 Division 1 Chapter 3 - Desired Environmental Outcome 2 – Economic Development
This DEO seeks to ensure:
“Enhanced employment and investment opportunities through better integration of
residential and business activity, whilst protecting the residential amenity.”
Officer’s Comments:
The proposed development will provide the opportunity for employment during construction.
The proposed development will see the integration of a land use that is consistent with the
existing land use pattern in the immediate area and the submission and review of technical
reports has confirmed there will be no detrimental impact upon residential amenity as a result
of the proposed development.
Based on the above, it is considered the proposed development will not compromise the
achievement of Economic Development Desired Environmental Outcome 2.
Part 2 Division 1 Chapter 3 - Desired Environmental Outcome 6 – Economic Development
This DEO seeks to ensure:
“The use and safe operation of existing and committed infrastructure is maximised and
future infrastructure is provided efficiently.”
Officer’s Comments:
The development in the location proposed would benefit from existing infrastructure. In
relation to sewer and water capacity, Gold Coast Water has confirmed that Council’s potable
water and sewer services are available for connection to the development. The site is 245
metres from a light rail station and existing public transport services (bus stops) and no
upgrades to the existing transport network are required to facilitate the increase in density.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
40
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Based on the above, it is considered the proposed development will not compromise the
achievement of Economic Development Desired Environmental Outcome 6.
Part 2 Division 1 Chapter 4 - Desired Environmental Outcome 1 – Community Wellbeing
This DEO seeks to ensure:
“The establishment, conservation and enhancement of local character and the
promotion of a distinctive local identity and sense of place for the various communities
of Gold Coast City.”
Officer’s Comments:
The proposed development is considered complementary to the existing residential product
and character of the surrounding area as discussed in detail previously.
Officers are satisfied that the proposed development not only provides an adequate urban
design outcome, but also preserves the existing character in and around the surrounding
area.
Based on the above, it is considered the proposed development will not compromise the
achievement of Community Wellbeing Desired Environmental Outcome 1.
Part 2 Division 1 Chapter 4 - Desired Environmental Outcome 3 – Community Wellbeing
This DEO seeks to ensure:
“The provision of a range of diverse housing choice, including affordable housing, that
is responsive to the changing demographic structure of the City's population and
promotes equity in access to goods and services.”
Officer’s Comments:
The proposed development provides 24, two (2) bedroom units and increases housing
choice available to the existing market within the City.
Based on the above, it is considered the proposed development will not compromise the
achievement of Community Wellbeing Desired Environmental Outcome 3.
8
STATE PLANNING POLICIES
The State Planning Policy came into effect 2 December 2013. The SPP is a broad and
comprehensive statutory planning instrument which enables development, protects our
environment and allows communities to grow and prosper.
The SPP provides a comprehensive set of principles which underpin Queensland’s planning
system to guide local governments and the state government in land use planning and
development assessment.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
41
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
The State Interests identified in the SPP are:
Image 18- The SPP includes 16 state interests arranged under give broad themes
The SPP provides interim development assessment guidelines to ensure state interests not
yet appropriately integrated in local government planning schemes are considered in a
development application. Officers have reviewed the development application and have
determined that no further assessment is required against the SPP.
9
STATE PLANNING REGULATORY PROVISIONS
There are no state planning regulatory provisions applicable for this application.
10 SOUTH EAST QUEENSLAND REGIONAL PLAN
The South East Queensland Regional Plan (SEQRP) is a regional strategic document that
sets out a sustainable growth management strategy for the SEQ region to effectively deal
with the population growth forecasted for this region. The growth management strategy that
underpins the SEQRP seeks to establish sound urban development principles that support a
compact, well serviced and efficient urban form that makes efficient use of resources and
infrastructure and protects the region’s natural environment. As a result, the ‘Urban
Footprint’ identifies the areas within the SEQ region that are potentially suitable for future
urban development.
The subject application is located within the Urban Footprint Land Use Category and as such
is deemed to comply with the South-East Queensland Regional Plan 2009-2031.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
42
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
11 RELEVANT 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 11
May 2015.
List of available referrals for reference
Health and Regulatory Services
Operational Works
Transport Assessment
Hydraulics and Water Quality
Subdivision Engineering
Qld Fire and Rescue (Bushfire)
Open Space Assessment
Arborist
Architect
Landscape Assessment
Gold Coast Water
Beaches and Water
City Infrastructure
Geotechnical Engineering
Plumbing and Drainage
Social Planning
Environmental Assessment
From this meeting the application was referred to applicable referrals as discussed below:
11.1 Health and Regulatory Services
Health and Regulatory Services provided the following comments:
“Acoustics
The submitted acoustic report prepared by CRG Acoustics Pty Ltd dated 5 May 2015
(Reference No. crgref: 15022 report) has been reviewed and is found to be
satisfactory.
Waste
Section 3.6 of the submitted Planning Report advises the waste storage area is located
at ground level under the garbage chute with the collection point located adjacent to
the southern driveway. Waste collection frequency has been calculated as follows:
Please be advised that the proposed waste management measures are deemed
adequate.”
Health and Regulatory Services have assessed the proposed development and consider the
development to comply with the relevant codes. Conditions of approval relating to acoustics
and waste have been recommended. As such, the recommended conditions of approval
have been reviewed and included in the Officer’s recommendation.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
43
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
11.2 Transport Assessment
Transport Assessment provided the following comments:
“The applicant seeks a development permit for a ten (10) storey Apartment building. The
development proposes 24, two (2) bedroom units. Two points of vehicular access are
proposed to Cannes Avenue, to upper and lower level car parking areas. The applicant is
seeking approval for car parking provision rates under the draft City Plan 2015 Transport
Code. In this regard, the subject site is located in the High Density Residential Zone, within
the mapped boundaries of the Transport Hub Area, and is located approximately a 245m
walking distance from the Surfers Paradise light rail station.
Design of car parking areas
Car Parking, Access and Transport Integration Constraint Code
Performance Criteria
Acceptable Solution
PC3
AS3.1
All car parking spaces must be
constructed and line marked to the
correct size and standard.
All car parking spaces and facilities are
constructed, sealed, line marked and
maintained in accordance with the layout
requirements of AS2890.1 – Parking Facilities
Part 1: Off Street Car Parking and AS2890.2 –
Off Street Parking Part 2: Commercial
Vehicles.
Acceptable Solution
The curved circulation roadway (southern driveway) providing access to the Ground Level
car park has not been designed to standard. In accordance with Figure 2.9 and Table 2.2 of
AS2890.1:2004, the roadway should have a minimum outer radius of 11.8 m and a minimum
width of 6.7m. Plans show an outer radius of 10m and a width of 6m. The design is therefore
non-compliant.
The inadequacy of this design is demonstrated by the swept paths provided in Rytenskild
Traffic Group’s Response to Council’s Information Request (p. 14-22). Swept paths show
that two vehicles are unable to pass, with vehicle pathways shown to conflict at all points,
from the entry road to the parking aisle.
In addition, swept paths show that a vehicle exiting the parking area does not maintain
sufficient clearance to the amended bike storage area, with conflict shown between the
corner of the storage room and the vehicle path.
Plans submitted with the original application were not fully dimensioned. At Information
Request stage, Transport officers therefore requested the applicant to show that all car
parking areas were designed to AS2890.1:2004 standards, and to demonstrate that
circulation roadways and ramps were designed to allow two vehicles to pass at all locations.
Further, it is noted that Rytenskild Traffic Group’s Traffic Impact Assessment report (p. 2-22),
submitted with the original application, identified that the circulation roads and ramps would
need to be amended to achieve minimum width requirements, to allow two vehicles to pass.
No changes have been made to development plans. Compliance with AS3.1 is not achieved.
Of note, Rytenskild Traffic Group’s Response to Council’s Information Request now argues
that the design is satisfactory, based on a low likelihood of two cars meeting, given the
number of parking spaces serviced by the southern driveway (13 spaces). The response also
argues that two vehicles can pass at the bottom and top of the ramp. However, swept paths
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
44
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
indicate otherwise. Transport officers are unwilling to accept this rationale given that the
design of the driveway is clearly sub-standard, and the level of conflict shown in the swept
paths provided. The suggestion in the Rytenskild report for a convex mirror to be installed on
the access driveway is considered unsatisfactory, and irrelevant if the driveway were
designed to the required standard.
Considerate of the fact that the driveway services a relatively small number of parking
spaces, Transport Assessment would consider an alternative outcome to providing a 6.7 m
wide circulation roadway. It appears that improved manoeuvring could be achieved by
modifying the inside radius of the driveway on entry to the site. If this radius was straightened
out (i.e. followed a less severe curve), manoeuvring would be improved.
In order to demonstrate compliance with AS3.1, an amended plan condition will require
modification of the driveway, as described above. The applicant will also be required to
provide swept paths showing a B99 vehicle passing a B85 vehicle, based on the revised
geometry of the southern driveway. Swept paths should also show that a vehicle leaving the
Ground Level parking area does not conflict with the bike store (located along the southern
site boundary), with modification of the bike store, if required.
Safe vehicular access
Car Parking, Access and Transport Integration Constraint Code
Performance Criteria
Acceptable Solution
PC11
AS11.2
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.
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.
Acceptable Solution
Figure 3.2 of AS2890.1:2004 prescribes sight distance requirements at access driveways.
Based on a 50 km/h speed environment, the subject site would be required to achieve a
minimum sight distance of 45m at both access driveways. On-street parking is
accommodated, without restriction (except at corners and locations of vehicle crossovers), in
Cannes Avenue, which may limit the sight lines available. In this regard, Note 3 of Figure 3.2
in AS2890.1 states that “Parking (on the development side of the road frontage) may need to
be restricted on either side of the driveway so that the sight distance required is not
obstructed”.
However, it is noted that a number of multi-unit residential developments exist within Cannes
Avenue, with no parking restrictions to maintain sight lines. In the case of the subject
development, if parking restrictions were to be enforced, this would affect
kerbside parking outside of the site boundary also. Given that no parking restrictions exist in
Cannes Avenue, and that the road provides a relatively slow speed environment (50 km/h
with multiple access points), it is considered that an outcome consistent with previous
planning decisions is appropriate. Therefore, yellow linemarking to restrict parking will not be
conditioned as part of this development application.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
45
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Car parking provision
Car Parking, Access and Transport Integration Constraint Code
Performance Criteria
Acceptable Solution
PC16
AS16.1
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 is provided in accordance with the
number of spaces required for the specific use
listed in the Table to Acceptable Solution
AS16.1.
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.
Acceptable Solution
For 24, two (2)bedroom units, in order to comply with AS16.1, the development would require
the provision of 44 car parking spaces for residents, and six (6) spaces for visitors. Plans
show provision for 24 parking spaces on-site. Compliance with AS16.1 is not achieved.
The applicant proposes an alternate solution to demonstrate compliance with PC16.
Performance Criteria
The applicant seeks consideration of car parking provision under the draft City Plan 2015
Transport Code. Based on the subject site being located within the High Density Residential
Zone, within the mapped boundaries of the Transport Hub Area and approximately 245 m
walking distance from the Surfers Paradise Light Rail Station, the draft City Plan rates
require the provision of 1 space per unit (24 spaces), in addition to 1 pace per 10 units (3
spaces) for visitors. Development plans show provision for 24 car parking spaces on-site for
residents. The applicant proposes that the three required visitor spaces will be
accommodated on-street. Given the site’s frontage to Cannes Avenue (approximately 48 m),
officers consider that there is ample room to accommodate the three visitor spaces kerbside.
Compliance with PC16 is deemed to be achieved.
Other Matters
Bicycle parking provision
As the applicant has appealed to car parking rates under the draft City Plan 2015 Transport
Code, the development is also required to provide bicycle parking on-site at the rates
prescribed in the draft Code. In this regard, bicycle parking for residents is required at a rate
of 1 space per unit (24 spaces). Site plans show 24 bicycle spaces in a secure, lockable
arrangement on-site, complying with Austroads Class 2 standards.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
46
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Whilst the draft Code states that visitor bicycle parking should be provided at a rate of 1
space per 3 units, transport officers have accepted an alternative provision rate of 1 space
per 6 units for other
developments, based on reasons of practicality. Site plans show provision for 4 visitor bikes,
achieving compliance with the nominated rate of 1 space per 6 units. Visitor bike spaces
comply with Austroads Class 3 standards (bike racks), and are located in proximity to the
main site entry, and visible from the streetfront. Compliance with bicycle parking
requirements is deemed to be achieved.
Pedestrian connectivity
There is no pathway located on either side of Cannes Avenue in the immediate vicinity of the
subject site. There are segments of pathway constructed on the opposite side of Cannes
Avenue, towards the Gold Coast Highway. Given that the site is located in a residential area,
a pathway on one side of the roadway only is considered to be appropriate. Given that a
pathway is already constructed (in part) on the opposite side of Cannes Avenue, it would be
logical for the pathway to continue on that side of the road. This could be conditioned as part
of future redevelopments. On this basis, the construction of a footpath within the site frontage
to Cannes Avenue is not considered reasonable as it would be provided in isolation, without
connection to other pathways.
It should be noted that the Planning Officer discussed the above issue with the Applicant. To
gain a plot ratio bonus for public works, the Applicant decided to propose a footpath
contribution to the divisional fund, which would allow Council at their discretion to undertake
works and upgrade this network in the future when required.
Traffic impacts
The development proposes 24 units, representing in the order of 9-14 nett additional vehicle
trips in the peak hour. This volume of traffic is considered to be insignificant in the context of
the wider road network and no assessment of development traffic impacts is required.
Recommendation
Transport Assessment supports the development proposal, subject to the insertion of
reasonable and relevant conditions.”
It should be noted that in response to draft conditions and the requirement for amended
plans to demonstrate compliance with Performance Criteria 3 of the Car Parking, Access and
Transport Integration Constraint Code, the Applicant submitted amended plans prior to a
decision being made in which Transport Assessment provided the following comments:
“The geometry of the driveway has been amended – the driveway has been widened (to
6.8m) which has also served to ‘flatten out’ the inside curve.
The driveway width now exceeds the minimum Australian Standard requirements (6.7m),
however, the outer radius still appears to be only 10m, whereas AS2890.1:2004 requires an
11.8 m radius (minimum).
The geometry looks to be improved. Also, based on the scale of development (24 units),
peak trip generation will be low (10 – 15 vehicles per hour).
Given the residential nature, traffic flows in and out of the site will be generally tidal (i.e. out
in the mornings and in throughout the afternoons). This means that conflict potential (cars
passing in opposite directions) will generally be low.
Based on the above, Transport Assessment will accept the revised driveway geometry.”
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
47
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Transport Assessment has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to car
parking, bicycle parking, sight lines to pedestrians and gradients have been recommended.
As such, the recommended conditions of approval have been reviewed and included in the
Officer’s recommendation.
11.3 Subdivision Engineering
Subdivision Engineering has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to
telecommunications and electrical supply have been recommended. As such, the
recommended conditions of approval have been reviewed and included in the Officer’s
recommendation.
11.4 Open Space Assessment
Open Space Assessment provided the following comments:
“Open Space Assessment note that as part of the plot ratio bonus, the applicant has
proposed to improve the amenity surrounding the subject site through additional street tree
planting to Cannes Avenue and Genoa Street. Open Space Assessment are generally
satisfied with the approach proposed by the applicant and have provided conditions of
approval.”
Conditions of approval relating to street trees within the public road reserve, a detailed
landscape plan for public open space, preparation of a maintenance management plan and
the standard of works/ embellishments have been recommended. As such, the
recommended conditions of approval have been reviewed and included in the Officer’s
recommendation.
11.5 Architect
The City Architect’s Office provided the following comments:
“The revised development proposal provides more clarification and detail on a number of
design elements raised earlier and which merit support and commendation:
•
The Ground Floor and Level 1 façade treatments have been designed to adequately
screen the car parks and internal lighting from view. The proposal incorporates a
mixture of feature screening elements ranging from perforated metal screening,
aluminium wood grain panelling, integrated landscaping planter boxes that complement
and are consistent with the architectural language of the development. These elements
increase the building articulation, human scale and fine grain quality of the development.
Also the landscaping is now not the sole screening element.
•
The rooftop screening elements have now been appropriately replaced with feature
perforated metal screens rather than relying solely on vertical planted screens.
•
Entrances have now been provided with covered awnings to provide adequate weather
protection for residents and to enhance way finding.
•
The majority of east and west windows and balconies have now been provided with
appropriate sun shading elements which are designed to reduce solar heat absorption to
habitable area and form part of the overall architecture.
•
All air conditioning services and mechanical plant equipment have been recessed and
screened, and are designed as part of the architectural language.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
48
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Architecture/ Urban Design Assessment Advice
The application seeks bonuses under the Gold Coast Planning Scheme 2003 Policy 18 for
the incorporation of a number of urban design and architectural initiatives. In summary, the
bonus provisions relating to architecture and urban design are outlined below along with our
comments:
Section 9.1: Urban Design: Total sought by applicant = 8% / Total supported = 8%
a)
Use of a range of building materials = 3%
The proposed design provides a high quality architectural outcome and warrants merit in
providing a visually appealing composition using a range of innovative, engineered building
materials such as knotwood aluminium woodgrain wall panelling, use of horizontal and
vertical metal louvre screens, glazed balconies, and planted screen walls as a feature of the
car park façade and roof
b)
Incorporation of the 15 Qualities of good urban places = 3%
The proposal successfully incorporates a large number of best practice urban design
principles outlined under the 15 Qualities of good urban places. These elements include
human scale and high level of building articulation and detailing, high quality refined edges,
human needs have been provided in the high amenity of liveable spaces, community
enhancement through planted screen walls.
c)
Further public benefit = 2%
As mentioned above, the ground floor streetscape design provides a good solution to the
interface with the public and private spaces. The proposal to use special feature trees at the
street frontages and to replace removed existing Poinciana trees, and large expanses of
planter boxes on the ground level has merit as it will assist to soften the building edges and
provide greater integration and enhancement to the existing streetscape.
Section 10.1: Architectural Merit : Total sought by applicant = 10% / Total supported =
10%
a)
Innovative &/or expressive use of a range of building materials = 5%
The proposed design uses a range of building materials in an innovative and visually
appealing composition. There is the use of feature innovative, engineered building materials
such as knotwood aluminium woodgrain wall panelling, use of horizontal and vertical metal
louvre screens, glazed balconies, and planted screen walls as a feature of the car park
façade and roof.
b)
Architectural quality = 5%
The proposed design has a high architectural quality through the achievement of a high
quality composition of materials, with bold feature walls which helps to bring the overall scale
down and creates a unique visually appealing development. The design incorporates a
variety of textures, fine grain detailing, high quality durable materials, colours and integration
with mature landscape.
Section 10.1: Architectural Merit : Total sought by applicant = 1m2 for $500 or
1,864.8m2 / Not supported as this fall outside of Policy 18 provisions
Building Cost Difference
The proposal is seeking bonus provisions based on the principle of providing a higher
building cost over and above an average building development. Unfortunately the building
cost differentiation is not a provision identified in Policy 18 per se, but in principle is covered
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
49
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
in the allocation of innovative and expressive range of building materials and in the overall
architectural quality criteria. As identified above, this proposal has been acknowledged as a
high quality architectural and urban design outcome and appropriate bonus provisions have
been allocated accordingly in these sections.
Ecologically sustainable development (ESD): Total sought by applicant=15%/Total
supported=15%
The proposed design will achieve a 4 star Green Star Design Rating under the Green
Building Council of Australia (GBCA) sustainable rating system for apartment building
category. This achievement is commendable and through the design will address
sustainable measures for energy and water efficiency, the use of sustainable materials,
maximising indoor air quality, natural light and ventilation to lobby areas.
The revised application presents as a high quality architectural and urban design outcome.
The design is highly articulated with a strong geometric composition, and provides a variety
of materials, colours, textures and finishes. The proposal is unique and visually appealing
and will enhance the character of the precinct.
Recommendation
The City Architect’s Office has reviewed the plans/drawings submitted and request the
applicant address the issues raised in this memorandum in order to support this application.”
11.6 Gold Coast Water
Gold Coast Water provided the following comments:
“A potable water supply and sewerage capacity assessment has been undertaken for the
development by the applicant. There is an existing dwelling onsite.
Gold Coast Water recommends conditions of approval.”
Gold Coast Water has assessed the proposed development and considers the development
to comply with the relevant codes. Conditions of approval relating to sewerage and water
supply reticulation have been recommended. As such, the recommended conditions of
approval have been reviewed and included in the Officer’s recommendation.
11.7 City Infrastructure
City Infrastructure has assessed the proposed development and considers the development
to comply with the relevant codes. Conditions of approval relating to vehicle crossings and
alterations to Council infrastructure have been recommended. As such, the recommended
conditions of approval have been reviewed and included in the Officer’s recommendation.
11.8 Plumbing and Drainage
Plumbing and Drainage has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to water
supply work, fire services and sewerage works have been recommended. As such, the
recommended conditions of approval have been reviewed and included in the Officer’s
recommendation.
11.9 Environmental Assessment
Environmental Assessment provided the following comments:
“The subject site is mapped under OM14 as an Acid Sulfate Soil Hazard Area. Neither an
acid sulfate soil investigation nor an acid sulfate management plan was submitted as part of
this development application.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
50
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Environmental Planning officers are supportive of the proposed development, subject to
conditions.”
Environmental Assessment has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to acid
sulfate soils have been recommended. As such, the recommended conditions of approval
have been reviewed and included in the Officer’s recommendation.
11.11 Hydraulics and Water Quality
Hydraulic Assessment provided the following comments:
“The subject site has an area of 860m2. Currently, the site is almost impervious and several
buildings are located on the site, which will be demolished.
Council’s records show that the subject site is situated below the Council’s designated flood
level and influenced by Nerang River flooding. Considering the location of the site as well as
the proposed redevelopment, a flood impact assessment is required. The applicant has
submitted a “Conceptual Stormwater Management Plan - Proposed Residential Development
at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” and a “Flood Hazard
Management Plan – Proposed Residential Development at Lot 9 on RP42887; 14 Cannes
Avenue Surfers Paradise” both prepared by Knobel Consulting Pty Ltd dated 1 May 2015 in
support of the proposal. After reviewing the reports, this section has found that the reports
have proposed adequate bio-retention area for the treatment of on-site stormwater runoff
from the site. MUSIC model shows that the proposed treatment devices achieve the
Council’s pollutant reduction targets.
This section recommends that the application can be accepted subject to conditions.”
Hydraulic Assessment has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to flood
management, stormwater management, water quality and erosion and sediment control have
been recommended. As such, the recommended conditions of approval have been reviewed
and included in the Officer’s recommendation.
11.13 Arborist
Arboricultural Planning provided the following comments:
“A review of the application and site inspection carried out on 13/5/15 by Arboricultural
Planning found two mature protected size trees 2 x Delonix regia – Poinciana on the
road reserve footpath adjacent to the property boundary and area of works for the proposed
24 unit apartment layout.
The applicant had not provided any details on the retention or removal of these two public
street trees apart from capturing them in the survey plan.
As a result the applicant was requested to submit an Arborist Report Tree Assessment and
Tree Management Plan detailing appropriate management for the existing two mature
protected size trees 2 x Delonix regia – Poinciana on the road reserve footpath adjacent to
the property boundary.
The applicant has now responded with an Aborist Report by BIOME dated July 2015. The
report has caried out the root exploritory on the subject site and found significant roots within
the proposed building foundation to a depth of 600mm (see attachment #1). The propsed
developmet will have a significant impact on the strucural stability of these two street trees
given they heavily rely on this achoring root mass on the applicant’s land. With the addition of
the roadway obstruction from the overhanging canopies, Arboricultural Planning contacted
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
51
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Parks and Recreational Services who agreed given the encroachment of roots into the
applicant’s land and canopy obstruction over the roadway, Parks would also agree to
removal and replacement due to future insurance issues.
Therefore when conditioning the approval, conditions will be required for the submission of
an Operational Works Application (Vegetation Works) for any protected vegetation being
damaged or removed.
Attachment #1: extract from Aborist Report by BIOME dated July 2015.”
Arboricultural Assessment has assessed the proposed development and considers the
development to comply with the relevant codes. A single condition of approval relating to
vegetation works has been recommended. As such, the recommended condition of approval
has been reviewed and included in the Officer’s recommendation.
11.14 Landscape Assessment
Landscape Assessment has assessed the proposed development and considers the
development to comply with the relevant codes. Conditions of approval relating to landscape
works on private land have been recommended. As such, the recommended conditions of
approval have been reviewed and included in the Officer’s recommendation.
13 DEVELOPMENT INFRASTRUCTURE
Infrastructure Charges
Infrastructure charges are now levied under a Charges Resolution by way of an
Infrastructure Charges Notice, which will be attached to the decision notice.
Development Infrastructure
No trunk infrastructure has been identified from the relevant network owners.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
52
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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, one (1) not properly made submission was received. The main
points of objection are listed, followed by the Officer’s comment.
Point of objection
Building Height
• Conflict with character.
Example:
“The development is high rise in
nature in a medium rise
neighbourhood and is out of
character with the existing built
environment which is dominated
by three storey apartment blocks
and residential homes, one which
has recently sold for $1.2 million.”
Building Density
• Exceeds Code Assessable
density.
Example:
“The proposed building density
exceeds the density under the
local government town planning
ordinances, as thus contributes to
a number of the issues I have
raised here.”
Overshadowing
• Shadow impact on southern
property.
Example:
“The tower will also contribute the
overshadowing of the rear portion
of the house, making it colder
during the months of May to
September with a reduced
amount of sun light to warm the
dwelling.”
Officer’s comment
As discussed in greater detail in section 7.2, the
proposed building height of 10 storeys does not exceed
the 30 storey Code Assessable building height
designated to the site.
Officers and the City Architect’s Office consider the
development to comply with the envisaged height and to
be consistent with the existing residential character in
the surrounding area.
Officers consider the development to comply with the
relevant Performance Criteria and as such, the above
point of objection is not considered valid grounds for the
refusal of this application.
As discussed in greater detail in section 7.2, the
proposed building density is in line with the existing and
envisaged residential character.
The proposal does not constitute an overdevelopment of
the site for reasons previously discussed and adequate
infrastructure capacity exists to service the development.
The proposed density is encouraged and supported by
the site’s proximity (245m) to an existing light rail station,
a number of bus routes and its proximity to the two (2)
Activity Centres being Surfers Paradise and
Broadbeach.
Officers consider the development to comply with the
relevant Performance Criteria and as such, the above
point of objection is not considered valid grounds for the
refusal of this application.
As discussed in greater detail in section 7.2, Officers
acknowledge the shadow generated by the proposed
development however a review of sun diagrams for the
winter solstice, summer solstice and equinox
demonstrate the adjoining properties to the south receive
adequate amounts of morning and/ or afternoon sun.
It should also be noted that the proposed building height
of ten (10) storeys is well below the designated Code
Assessable height of 30 storeys, which would have a
significantly larger shadowing impact.
Officers consider the development to comply with the
relevant Performance Criteria and as such, the above
point of objection is not considered valid grounds for the
refusal of this application.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
53
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
As discussed in greater detail in section 7.2, Officers
Building Setbacks
consider the development to comply with the relevant
• Non-compliant with
Performance Criteria for building setbacks. The
Acceptable Solutions.
development has shown an appropriate interface with
Example:
landscape screening proposed to adjoining properties
where at maturity will reach a height of three (3) metres.
“The setbacks for the building
The tower also provides sufficient separation to both
podium housing the car parking
adjoining properties and the internal floor layout of the
on the ground and first floor are
building has been strategically designed to ensure
inconsistent in the reports and
balconies and living rooms front Cannes Avenue.
vary from 1.0 to 1.5 metres.
Officers consider the development to comply with the
In either case this set back in
relevant Performance Criteria and as such, the above
unacceptable.”
point of objection is not considered valid grounds for the
refusal of this application.
Amenity
Pedestrian Connection
• Pedestrian Pathway.
“The traffic report refers to
increase pedestrian traffic to the
Florida Gardens Light Rail stop.
This will create issues on the
verge outside the properties
along the northern side of Genoa
Street as there are no formed
footpaths, creating wear and tear
and foot traffic damage to the
grass verge.”
As discussed in greater detail in section 7.2, the
proposed development does not result in impacts that
are detrimental to the existing area.
Officers consider the development to comply with the
relevant Performance Criteria and as such, the above
point of objection is not considered valid grounds for the
refusal of this application.
As discussed in greater detail in section 11.2, Transport
Assessment provided the following comments:
“There is no pathway located on either side of
Cannes Avenue in the immediate vicinity of the
subject site. There are segments of pathway
constructed on the opposite side of Cannes
Avenue, towards the Gold Coast Highway. Given
that the site is located in a residential area, a
pathway on one side of the roadway only is
considered to be appropriate. Given that a pathway
is already constructed (in part) on the opposite side
of Cannes Avenue, it would be logical for the
pathway to continue on that side of the road. This
could be conditioned as part of future
redevelopments. On this basis, the construction of
a footpath within the site frontage to Cannes
Avenue is not considered reasonable as it would
be provided in isolation, without connection to
other pathways.”
It should be noted that the Planning Officer discussed
the above issue with the Applicant. To gain a plot ratio
bonus for public works, the Applicant decided to propose
a footpath contribution to the divisional fund, which
would allow Council at their discretion to undertake
works and upgrade this network in the future when
required.
Council’s City Infrastructure section have calculated that
a contribution of $5,700 is required based on the site’s
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
54
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
frontage to Cannes Avenue.
As such, the above point of objection is not considered
valid grounds for the refusal of this application.
As discussed in greater detail in section 11.2, although
Car Parking
the Applicant is proposing an alternative solution,
• Insufficient car parking.
Transport Assessment have reviewed the proposal and
Example:
consider the proposed number of car parking spaces on
“Parking in Genoa Street of an
site (24 spaces in total, at a rate of 1 space per unit for
evening and early morning is
residents) appropriate due to the site’s proximity (245m)
already a challenge and during
to a light rail station and to existing public transport
recent road works in Cannes
services (bus stops). Due to the size of the site’s
Avenue, there was a definite
frontage, Transport Assessment are satisfied to accept
shortage of parking, so by adding the required three (3) visitor car parking spaces on
a further 6-10 cars demanding
street, at a rate of 1 space per 10 units.
spaces will create permanent
Officers consider the development to comply with the
evening parking issues, with
relevant Performance Criteria and as such, the above
many two bedroom units now
point of objection is not considered valid grounds for the
having more than two cars.”
refusal of this application.
Misleading information
• Inaccuracies within the
Applicant’s report.
Example:
“There is no reference to any dry
block homes in the description of
the local environs. The report
refers to only three storey unit
developments and high rise
apartments, that by their
description would lead Council to
believe that it is main access is
off either Genoa Street or
Cannes Avenue. It should be
noted that there is only one high
rise apartment block, twelve
storeys, that is orientated not to
Cannes Avenue but Monaco
Street, which provides main
vehicle and pedestrian access to
this high rise.”
Officers have reviewed the Applicant’s town planning
report as part of the assessment but did not rely solely
upon the facts of the report when making a decision.
The Assessing Officer conducted a site inspection to
gain an appreciation of the subject site and site context
and also completed an independent review of the plans
against the relevant Planning Scheme Codes and in no
way relied solely upon the facts put forward in the
Applicant’s planning report.
As such, the above point of objection is not considered
valid grounds for the refusal of this application.
15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL
Not Applicable.
16 CONCLUSION
Council is in receipt of an application for a Development Permit for Material Change of Use
(Impact Assessment) for Apartments (24 units).
As discussed, the proposed building height complies with the 30 storey Code Assessable
designation and Officers are satisfied that the building density is consistent with that of the
existing and envisaged character and consider the density supported due to the site’s
proximity to existing services and infrastructure.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
55
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Although complying with the Residential Choice Domain intent and the applicable Codes, to
ensure a transparent assessment, Officers have also conducted a review of the proposal
against the higher order provisions of the Planning Scheme, which revealed the development
does not compromise or undermine the achievement of the relevant desired environmental
outcomes.
In response to public notification, one (1) not properly made submission was received. The
points of objection related to building height, building density, overshadowing, building
setbacks, amenity, traffic and car parking. The concerns have been addressed in this report
as common material and suitable conditions have been included in the Officer’s
recommendation to address each concern where appropriate. Furthermore, the concerns do
not warrant the refusal of this application.
Based on the above, it is recommended that the application be approved, subject to the
imposition of reasonable and relevant conditions.
17 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.
Stormwater (Management Plan)
There is a Stormwater Management Plan in regard to this lot. All property owner(s) must
ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City
Council’s PN file and Decision Notice for further information. A copy of Council’s Decision
Notice is available for viewing via Gold Coast City Council Planning and Development Online
website www.goldcoastcity.com.au/pdonline.
Property Subject to Flood Inundation
Owners and intending purchasers are advised that the property is subject to inundation
during extreme storm events.
Flood
There are development approval conditions applicable in relation to flooding impacts on this
lot. All property owner(s) must ensure compliance with these conditions. Please refer to
Gold Coast City Council’s PN file and Decision Notice for further information. A copy of
Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and
Development Online website www.goldcoastcity.com.au/pdonline.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
56
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
18
RECOMMENDATION
It is recommended Council of the City of Gold Coast (Council) resolves that:
Real property description
Lot 9 on RP42887
Address of property
14 Cannes Avenue, Surfers Paradise
Area of property
860m²
Decision type
Development Permit for Material Change of Use
(Impact Assessment) for Apartments (24 units)
Operational Works- Works for Infrastructure,
Operational Works- Advertising Devices, Operational
Works- Landscape Works, Operational WorksVegetation Works, Vehicle Crossover Permit,
Building Works
Further development permits
Further compliance permits
Water Supply, Sewerage Works, Fire Services
Compliance assessment required
for documents or works
Acid Sulfate Soils
NATURE OF DECISION
A
Council approves the issue of a Development Permit for Material Change of Use for
Apartments (24 units), subject to the following conditions:
APPROVED DRAWINGS
1
Development to be generally in accordance with specified plans/drawings
The development must be carried out generally in accordance with the approved
plans/drawings listed below, stamped and returned to the applicant with this decision
notice.
Plan No.
Rev.
Title
Date
Prepared by
4.2
C
Site and Roof Plan
Sept 2015
Forgan Smith Architects
4.3
C
Architectural Images
Sept 2015
Forgan Smith Architects
4.4
C
Architectural Images
Sept 2015
Forgan Smith Architects
4.5
C
West Elevation
Sept 2015
Forgan Smith Architects
4.6
C
East Elevation
Sept 2015
Forgan Smith Architects
4.7
C
South Elevation
Sept 2015
Forgan Smith Architects
4.8
C
Indicative Finishes
Sept 2015
Forgan Smith Architects
7.2
C
Boundary Interface
Plan
Sept 2015
Forgan Smith Architects
7.3
C
Part Section A
Sept 2015
Forgan Smith Architects
7.4
C
Part Section B
Sept 2015
Forgan Smith Architects
7.5
C
Part Section C
Sept 2015
Forgan Smith Architects
7.6
C
Part Section D
Sept 2015
Forgan Smith Architects
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
57
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
7.7
C
Front Boundary
Interface
Sept 2015
Forgan Smith Architects
7.8
C
Boundary Elevations
Sept 2015
Forgan Smith Architects
7.9
C
Boundary Elevations
with Trees
Sept 2015
Forgan Smith Architects
A-01-01
C
Ground Level Parking
Plan
15/9/2015
Forgan Smith Architects
A-01-02
B
L1 Parking Plan
15/7/2015
Forgan Smith Architects
A-01-03
B
L2 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-04
B
L3 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-05
B
L4 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-06
B
L5 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-07
B
L6 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-08
B
L7 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-09
B
L8 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-10
B
L9 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-11
B
Roof Plan
15/7/2015
Forgan Smith Architects
A-02-01
B
South Elevation
15/7/2015
Forgan Smith Architects
A-02-02
B
East Elevation
15/7/2015
Forgan Smith Architects
A-02-03
B
North West Elevation
15/7/2015
Forgan Smith Architects
A-03-01
A
Section A/A and B/B
18/2/2015
Forgan Smith Architects
A-20-01
B
Unit Type A & Unit
Type B
15/7/2015
Forgan Smith Architects
A-20-02
B
Unit Type C
15/7/2015
Forgan Smith Architects
The conditions of this approval are to be read in conjunction with the attached stamped
approved plans/drawings. Where a conflict occurs between the conditions of this
approval and the stamped approved plans/drawings, the conditions of this approval
shall take precedence.
2
Decision notice and approved plans/drawings to be
submitted with subsequent application
A copy of this decision notice and accompanying stamped
approved plans/drawings must be submitted with any
building development or operational works application
relating to or arising from this development approval.
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
As indicated within the
wording of the
condition.
Timing
At all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
58
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
4
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;
Works intended to be carried out;
d
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/formsapplications.html.
5
Compliance with Land Development Guidelines and
operational work development permits
Timing
After successful
completion of any prestart inspections
required by conditions
of this or other
development approvals
and at least 5 business
days prior to
commencement of any
works on site.
Timing
At all times.
Unless otherwise specified in the conditions of this
development permit, all works the subject of this approval
must:
a
Be designed, constructed and maintained in
accordance with Planning Scheme Policy 11 – Land
Development Guidelines, Standard Specifications and
Drawings;
b
In the case of assessable development, be approved
by effective development permits for operational work
prior to such works commencing, as this approval does
not include approval of any operational work; and
c
Where any Standard and/or Specification and/or Code
and/or Document as referred to or referenced in the
Land Development Guidelines has been replaced or
superseded, then the later or new Standard and/or
Specification and/or Code and/or Documents are to be
used. To be clear, the latest edition of any Standard,
Specification, Code or Document is to take
precedence.
WORKS - COMPLIANCE
6
Certification of compliance
All works must be certified by a suitably qualified professional
Timing
The applicant must
submit the certification
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
59
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
prior to the earliest of
as complying with the approved plans.
compliance assessment
For this condition, a ‘suitably qualified professional’ is a
person with tertiary qualification and professional affiliation in of the subdivision plan,
the commencement of
the field of engineering or science relevant to the works
the ‘On Maintenance’
and/or management plan and who has at least two years'
period or the
experience in management in that field. Where the works
commencement of the
and/or management plans involve different fields, a
certification is required from a suitability qualified professional use.
for each separate field.
ADVERTISING DEVICES
7
Advertising device approval required
No advertising device is to be erected on the premises
without the necessary development permit for operational
work (advertising device) and/or approval under Council’s
Local Law No. 16 (Licensing) and Subordinate Local Law
16.8 (Advertisement). The applicant should contact Council’s
Health, Regulatory & Lifeguard Services Branch on (07) 5581
5092 to discuss approval requirements.
Timing
At all times.
AMENITY
8
Restricted paint colours
Buildings and structures must not be painted in highly
reflective, bright or obtrusive colours.
9
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.
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
Roof to be non-reflective - Amenity
The roof must be constructed with non-reflective finishes so
as not to cause glare or other nuisance to surrounding
residents, to the satisfaction of the Chief Executive Officer.
12
Treatment
The car parking gates, bin storage door, screened temporary
bin location and car park gates must be treated in a material
and colour approved in Condition 1.
13
Padmount Transformer
If a padmount transformer is required, the Applicant must
Timing
At all times.
Timing
At all times once the
use has commenced.
Timing
At all times.
Timing
At all times.
Timing
Prior to the
commencement of use.
Timing
Prior to the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
60
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
ensure it is screened in the same materials and colours as
commencement of use.
the proposed building and its location must not result in a
loss of landscaping.
Note: Initial advice provided by the Applicant confirmed that
no padmount transformer is required.
BUILT FORM
14
Balconies and podiums to be unenclosed
All balconies and podium areas must remain unenclosed in
accordance with the approved plans referred to in condition 1
of this decision notice.
Timing
At all times once the
use has commenced.
PLOT RATIO BONUSES
15
Plot Ratio Bonuses
Prior to the earlier of the issue of Building Approval and the
issue of a Certificate of Classification, and the development’s
occupation and commencement of use, the Applicant is to
demonstrate compliance with or satisfaction of Planning
Scheme Policy 18 bonus elements in accordance with the
approval. The principle consultant of the respective
disciplines related to the design of the development or
elements of the development that have been awarded plot
bonuses, must provide certification to the satisfaction of
Council confirming the development has been constructed in
accordance with the approval in regard to implementing and
delivering all aspects of the development for which Plot Ratio
bonuses were awarded in the approval, including:
8.1- Urban improvements to a minimum value of
a
$15,000 for a minimum of 30 street trees along Cannes
Avenue and Genoa Street as per the requirements of
Condition 57.
8.1- Urban improvements (contribution of $5,700 to
b
allow for expansion of the existing footpath network in
the neighbourhood is to be paid to Council. This
contribution amount is calculated using Council's
standard day labour costings. The Applicant is to
contribute the sum of $5700.00 into the trust fund for
footpath and bikeways divisional funding account
number 74648 (Bikdiv – 10)).
c
d
e
8.1- Urban improvements (contribution of $44,300
towards the war memorial located at Cascade Gardens
Broadbeach)
The Applicant shall contact Council’s Planning
Assessment section for details of payment.
9- Bonus for urban design.
10- Bonus for Architectural Merit (including the
achievement of a GBCA 4 star Green Star design
rating).
Timing
Refer to wording within
the condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
61
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
16
Plot Ratio Bonuses
Prior to the issue of a Certificate of Classification, and the
development’s occupation and commencement of use, the
Applicant must demonstrate through the Body Corporate
legal arrangements and Community Management
Statements, that all aspects and programs of the
development for which Plot Ratio bonuses were awarded in
the approval are maintained in perpetuity for the life of the
development.
Timing
Refer to wording within
the condition.
WASTE
17
Waste chute – design and construction
The waste chute must be located in accordance with floor
plan L1 to L9 prepared by Forgan Smith Architects as
referenced within Condition 1, and be designed and
constructed in accordance with the requirements of section
11.5 of Gold Coast City Council’s Solid Waste management
Guideline for New Developments (2011) as detailed below:
a
Adequate strength for its purpose, including additional
reinforcing where necessary at joins, bends and
hopper intersections.
b
Insect and vermin proof.
c
Constructed and installed to prevent the following
during use and operation of the system:
i
Transmission of vibration to the structure of the
premises
Excessive odour
ii
iii
Excessive noise to the occupants of the building
d
Installed in a fire rated duct and ventilated in
compliance with building requirements of the Building
Code of Australia.
e
Comply with the waste chute manufacturer’s technical
specifications and /or operational limitations, including
installation design features and ancillary equipment
required to prevent blockages and noise disturbances,
to achieve compliance with the section.
Fitted with a shutter at the base of the chute for closing
f
off the chute manually during bin exchange and
automatically in the case of fire.
18
Waste disposal points – design and construction
A waste disposal point / hopper must be located on each
residential floor in accordance with floor plan L1 to L9
prepared by Forgan Smith Architects and referenced within
Condition 1, and be designed and constructed in accordance
with the requirements of section 11.5 of Gold Coast City
Council’s Solid Waste Management Guideline for New
Developments (2011) as detailed below:
a
Located to ensure the handle of the hopper is at least
Timing
Prior to occupation of
the development.
Timing
Prior to occupation of
the development.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
62
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
1200 millimetres above finished floor level.
b
Hopper door must automatically return to the closed
position after use.
Designed to permit free flow of waste into the chute.
c
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.
The floor adjacent to the hopper to be paved with a
e
durable impervious material with a smooth finished
surface.
19
Waste storage room – design and construction
The waste storage room must be located in accordance with
Ground Level Parking Plan prepared by Forgan Smith
Architects as referenced within Condition 1, and be designed
and constructed in accordance with the requirements of
section 11.5 of Gold Coast City Council’s Solid Waste
Management Guideline for New Developments (2011) as
detailed below:
a
b
c
d
e
f
g
h
i
j
k
Fire rated and ventilated in accordance with the
Building Code of Australia.
Insect and vermin proof.
The doors must be wide enough to allow for the easy
removal of the largest container to be stored.
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.
The floor must be a constructed hardstand area and
graded to fall to a drainage point/s connected to sewer
in accordance with trade waste requirements.
Adequate additional space must be provided for
compactors (if applicable).
Adequate artificial lighting must be provided.
Refrigerated rooms must be fitted with an approved
alarm device outside, but controllable only from within
the room.
Must not be located adjacent to or within any habitable
portion of a building or place used in connection with
food preparation (including food storage).
A hose cock must be provided immediately outside the
room for cleaning bins and the room.
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 of
the development.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
63
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
20
Additional Recyclable Storage
Adequate storage for recyclable waste must be provided. All
users must be able to safety and easily access these area/s.
21
Bulk bins – Servicing Point
The bulk bin servicing point must be located in accordance
with Section 3.6 of the submitted Planning Report prepared
by Place Design Group, dated 22 April 2015 and be
designed and constructed in compliance with the
requirements of Section 11.3 of Gold Coast City Council’s
Solid Waste Management Guideline for New Developments
(2011) as detailed below:
a
b
c
d
e
f
Timing
At all times.
Timing
Prior to occupation of
the development.
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.
Clearly separated from car parking bays, loading bays,
footpaths and pedestrian access, and any other similar
areas.
Clear of speed control devices or similar provisions
which inhibit direct access to the bins for servicing.
Constructed hardstand with a solid concrete base or
acceptable equivalent.
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.
Screened to minimise the view of bins from
neighbouring properties, or passing vehicles and
pedestrian traffic external to the site.
ACOUSTICS
22
Acoustic design and construction / compliance report
a
b
c
The development must be designed and constructed in
accordance with the recommendations outlined in the
acoustic report prepared by CRG Acoustics Pty Ltd
dated 5 May 2015 (Reference No. crgref: 15022
report).
Any alteration to the design or construction of the
development that prevents the recommendations of the
approved acoustic report being implemented will
require an amended acoustic report to be submitted
and approved by Council prior to Building Approval.
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
Timing
Prior to occupation of
the development.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
64
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
accordance with the established noise criteria and
recommendations outlined in the approved acoustic
report.
23
Driveway and carpark surfaces
a
b
24
Driveway and carpark areas are to be finished with
surface coatings that prevent tyre sequel (an uncoated
surface is acceptable).
Drainage grating placed over trafficable areas is to be
well secured to prevent rattling.
Waste collection hours
Waste collection must be conducted between the hours of
7am and 6pm only.
25
Roof top communal recreational hours
Roof top communal recreational hours are restricted to
between 7am and 10pm daily.
26
Floor impact isolation
Floor impact isolation to the roof deck /units below must be
considered in the design, to ensure that noise annoyance in
units below is not caused by people with hard sole shoes
walking across the roof deck. The requirements of the
Building Code of Australia should be applied.
27
Mechanical plant / Air conditioning
Mechanical plant to be designed and installed to comply with
the noise criterion presented in section 4.2 of report
prepared by CRG Acoustics Pty Ltd dated 5 May 2015
(Reference No. crgref: 15022 report).
Timing
Prior to occupation of
the development
Timing
At all times
Timing
At all times
Timing
Prior to occupation of
the development
Timing
Prior to occupation of
the development
CAR PARKING AND ACCESS
28
Off street car parking facilities
a
b
c
d
29
Off-street car parking facilities must be designed,
constructed and maintained to the satisfaction of the
Chief Executive Officer, at no cost to Council, in
accordance with AS2890.1 (latest version).
Off-street facilities for car parking must only be used for
vehicle parking.
A minimum of 24 off-street car parking spaces must be
provided, for residents.
Off-street car parking facilities must be drained, sealed
and line marked.
Bicycle parking
a
Timing
Prior to the
commencement of the
use and at all times.
Bicycle parking must be provided and maintained, to
the satisfaction of the Chief Executive Officer and at no
cost to Council, in accordance with the Cycling Aspects
of Austroads Guides (2014) and the following:
Timing
Prior to the
commencement of the
use and at all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
65
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
i
24 Class 2 bicycle parking spaces for residents,
calculated at the rate of 1 space per dwellings.
ii
4 Class 3 bicycle parking spaces for visitors,
calculated at the rate of 1 space per 6 dwellings.
The bicycle parking spaces are to:
b
i
ii
iii
iv
v
vi
vii
viii
30
Enable wheels and frame to be located to the
device without damaging the bicycle;
Be located outside pedestrian movement paths;
Be accessible from the road;
Be arranged so that parking and unparking
manoeuvres will not damage adjacent bicycles;
Be protected from manoeuvring motor vehicles
and opening car doors;
Be as close as possible to the cyclists ultimate
destination;
Be well lit by appropriate existing or new lighting;
and
Be protected from the weather.
Signs and line marking
In addition to signs and line marking required by AS2890.1,
the following must be installed and maintained to the
satisfaction of the Chief Executive Officer and at no cost to
Council:
a
31
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.
Sight lines to pedestrians
Where a driveway is two lane, two way and meets a property
boundary to a public roadway, a clear (triangulated) sight line
must be provided and maintained. The sight line must be 2
metres wide, provided on the exit side of the driveway, for a
length of 2.5 metres back into the site, in accordance with
Figure 3.3 – Minimum sight lines for pedestrian safety of
AS2890.1. The area within these sight triangles must be
kept clear of obstructions.
32
Internal driveways
a
b
c
Timing
Prior to the
commencement of the
use and at all times.
The absolute maximum gradient of the internal
driveway must not exceed 25% for a length of no more
than 20 metres or 20% for lengths greater than 20
metres.
The pavement for driveways must be constructed using
concrete or an unbound pavement material (crushed
rock or soil aggregate paving material), surfaced with
asphalt and treated in accordance with Condition 38.
The design and construction of the pavement for
Timing
Prior to the
commencement of the
use and at all times.
Timing
The RPEQ certification
must be provided to
Council prior to the
commencement of the
use on the subject lot.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
66
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
internal (private) roads must comply with AS 3727-1993
Guide to residential pavements and AS2890. 1-2004
Parking facilities Part 1: Off-street car parking.
d
The pavement construction for driveways must be
supervised and certified by a Registered Professional
Engineer Queensland (RPEQ) and the certification
provided to Council.
VEHICULAR CROSSINGS AND DRIVEWAYS
33
Vehicular crossings
a
b
c
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.
The applicant must apply for and obtain a licence from
Council for the construction of the vehicular crossing/s.
The vehicular crossing/s must be constructed to the
satisfaction of the Chief Executive Officer.
Timing
Prior to commencement
of the use on the site.
ROAD RESERVE ALTERATIONS/RECONSTRUCTION
34
Connection to, alteration or realignment of Council
infrastructure
a
b
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.
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.
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
67
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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.
35
Reconstruction of kerb and channel
a
b
Where kerb and channel is removed or damaged, the
applicant must reconstruct the kerb and channel for the
full frontage/s of the development site at Cannes
Avenue 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.
The reconstruction of any service pits or infrastructure
necessary to achieve the requirements of Planning
Scheme Policy 11 – Land Development Guidelines,
Standard Specifications and Drawings when
constructing/reconstructing kerb and channel and
footpaths is to be at the applicant’s cost and at no cost
to Council.
Timing
Prior to the earlier of a
request for compliance
assessment of the
subdivision plan or the
commencement of the
use of the premises.
ELECTRICAL RETICULATION
36
Electricity supply to MCU developments and private
estates
The applicant must submit to Council a copy of the
‘Certificate of Supply’ from an authorised electricity supplier
(e.g. ENERGEX) as evidence that
a
Low-voltage electricity supply is available to the
development site and all proposed lots / dwellings
within the site (i.e. sufficient for the ultimate use of the
site).
b
In supplying power to the site, no additional poles
and/or pole-mounted transformers are to be erected
within the road reserve.
Any existing overhead electricity lines up to and
c
including 11kV lines within or bounding the site (i.e.
along the adjacent verge of Cannes Avenue) must be
removed or placed underground.
Timing
Prior to the earlier of
Council compliance
assessment of
subdivision plans or the
commencement of the
use.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
68
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
37
Telecommunications – MCU
The applicant must:
a
b
c
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.
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.
Provide certification to Council, from the authorised
telecommunications carrier/contractor, that the works
and infrastructure required above have been
undertaken and installed in accordance with
telecommunications industry standards (eg. Telstra
standards).
Timing
Prior to commencement
of the use.
LANDSCAPE WORKS ON PRIVATE LAND
38
Detailed landscape plan to be submitted for approval
a
b
The applicant must submit to Council for approval a
detailed landscape plan, by making a development
application for operational work (landscape work).
Without limiting the requirements of the planning
scheme’s Landscape Work Specific Development
Code, the detailed landscape plan must:
i
Be prepared by a qualified landscape architect or
similar landscape design professional;
ii
Be in general accordance with the Statement of
Landscape Intent, being plan no 1515004 SK01sk07, rev C, title Landscape Statement of Intent,
date 21/07/2015, prepared by place design
group;
Reflect the approved layout (including any
iii
amendments to that layout required by these
conditions) and the conditions of this approval;
iv
Reflect the internal driveway/ pavement treatment
shown on drawing 4.2, titled ‘Site and Roof Plan’,
Issue C, dated September 2015
Note: Drawing 4.2 referenced above shows the
conditioned pavement and internal footpath
treatment, whereas the statement of landscape
intent shows a superseded pavement treatment;
and
v
Comply with Planning Scheme Policy 13 –
Landscape Strategy Part 2 – Landscape Works
Documentation Manual.
Timing
Approval of proposed
landscape work must
be obtained prior to the
earlier of the
commencement of
operational works
(landscaping) or the
issue of a certificate of
classification.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
69
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
39
The required landscaping plan must also demonstrate
the following:
a
b
c
d
e
f
g
h
i
j
k
l
m
40
Feature tree species must be native evergreen canopy
shade trees with a minimum bag size of 400 litre at the
time of planting;
Internal tree species must be native evergreen canopy
trees with a minimum bag size of 200 litre at the time of
planting;
Palm species must be a minimum 3 metres in height at
the time of planting;
Pandanus species must be multi-headed and a
minimum 3 metres in height at the time of planting;
Feature shrub species must be a minimum 300mm pot
size at the time of planting;
Screening/ Buffer shrub species must be a minimum
45litre pot size at the time of planting;
All other shrub species must be a minimum 200mm pot
size at the time of planting;
Planter boxes where large feature 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 such confined planting locations
and salt laden winds;
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;
An automatic irrigation system must be provided to all
podium planter boxes;
Provide detailed information how stormwater is treated
within tree planters / pots effectively and being utilised
for irrigation; and
The landscape plan must include the approved location
and detailed design drawings of the bio-retention
system which is required as part of the Stormwater
Management for the site. The plan must incorporate an
appropriate list of species in the plant schedule, which
are suitable for a bio-retention area. Planting densities
must match those shown in Council’s Water Sensitive
Urban Design Guidelines.
Trellis and Facades
The applicant must submit with the application for operational
work (landscape work), operational details, specifications and
a maintenance management plan relating to the, trellis and/or
Facades systems. The management plan must:
Provide detailed information as to how these vegetative
a
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
70
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
systems will maintain consistent irrigation and
nutritional requirements according to best horticultural
practices;
Stipulate a maintenance schedule for these systems;
b
and
Provide details of the minimum standards to which
c
these systems must be maintained.
VEGETATION MANAGEMENT
41
Vegetation works OPW application required
This approval does not approve vegetation clearing or
damage. A development application for operational work
(vegetation works) must be made to and approved by
Council for any works proposing clearing or damage to any
Protected Vegetation. The application must be accompanied
by a copy of each of the following plans (and, where a plan
has already been approved, that plan must be accompanied
by the corresponding approval documentation (ie decision
notice or letter of approval)):
The approved MCU / ROL layout plan.
a
b
The approved Landscape Plan with compensatory
street tree plantings.
c
Plans clearly identifying which vegetation is proposed
to be removed and which vegetation is proposed to be
retained.
d
A sediment and erosion control and construction
management plan.
For this condition ‘Protected Vegetation’ is defined as
vegetation that is:
e
equal to, or in excess of, 40 centimetres in girth
(circumference) measured at 1.3 metres above
average ground level irrespective of the domain or
LAP; or
f
equal to, or in excess of, four metres in height in the
Rural, Park Living or Emerging Communities Domains,
Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and
10), Coomera Town Centre (Precincts 8, 10 and 11),
Currumbin Hill LAP, Eagleby LAP (Precinct 6), East
Coomera/Yawalpah Conservation LAP, Guragunbah
LAP, Hope Island LAP (Precinct 3), Mudgeeraba
Village LAP, Nerang LAP (Precincts 9 and 10), South
Stradbroke LAP, Uplands Dr and Woodlands Way LAP,
West Burleigh Township LAP or Yatala Enterprise Area
LAP.
Note: Council’s Arboricultural Planning section have
acknowledged that the two (2) Delonix regia (Poinciana’s)
located on the road reserve adjacent to the property
boundary will be removed to accommodate the development.
However, this Material Change of Use approval does not
approve vegetation clearing or damage and an Operational
Timing
Prior to the
commencement of any
operational works for
vegetation clearing.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
71
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Works application is still required to be submitted to and
assessed by Council.
HYDRAULICS
42
No loss of floodplain storage
The proposed development shall result in no loss of
floodplain storage up to the 100 year ARI regional flood
event.
43
No worsening of hydraulic conditions
The development must be designed and constructed so as to
result in:
a
No increase in peak flow rates downstream from the
site;
No increase in flood levels external to the site; and
b
c
No increase in duration of inundation external to the
site that could cause loss or damage.
44
Alteration of overland flow paths
Overland flow paths on the site must not be altered in a way
that inhibits or alters the characteristics of existing overland
flows on other properties or that creates an increase in flood
damage on other properties.
45
Building floor levels
a
b
c
46
Building floor levels of habitable rooms must be at least
300mm above the Council's designated flood level.
Building floor levels of garages and non-habitable
rooms, constructed at approximately the same level as
the main dwelling and attached to the main dwelling,
must be at or above the designated flood level.
b
Timing
At all times.
Timing
At all times.
Timing
At all times.
Building floor levels of garages and non-habitable
rooms, which are detached from the fabric but within
the curtilage of a building and not to be used for
storage of goods, can be a maximum of 600mm below
the designated flood level.
Flood management plan to be complied with
a
Timing
At all times.
The flood emergency management plan being “Flood
Hazard Management Plan – Proposed Residential
Development at Lot 9 on RP42887; 14 Cannes Avenue
Surfers Paradise” prepared by Knobel Consulting Pty
Ltd dated 1 May 2015, must be included in the site
management scheme / document and its
recommendations must be followed by the legal entity
or the nominated person, at no cost to Council, during a
flood event.
The proposed development shall ensure no additional
burden on SES and Council’s emergency service
during the major flood events.
Timing
At all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
72
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
47
Flood hazard signage
The applicant must install flood warning signs within the
proposed development site informing users / visitors of the
facility notifying the potential flood hazard at and around the
site. The flood signage must also state that the Cannes
Avenue in front of the property will be extremely hazardous
during major flood events. The flood warning signs must be
clearly visible to the occupants / visitors when entering the
site.
Timing
Prior to the
commencement of the
use of the premises.
STORMWATER AND WATER QUALITY
48
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 “Conceptual
Stormwater Management Plan - Proposed Residential
Development at Lot 9 on RP42887; 14 Cannes Avenue
Surfers Paradise” prepared by Knobel Consulting Pty Ltd
dated 1 May 2015.
Timing
The certification must
be submitted to Council
prior to the
commencement of the
use of the premises.
Information Note:
This condition is imposed in accordance with section 665 of
the Sustainable Planning Act 2009.
49
GPT in the car park area
a
b
50
The applicant must ensure that stormwater runoff from
the car parking area must be treated by gross pollutant
trap (hydrocarbon and litter separator), prior to
discharging to the bio-retention system/to a lawful point
of discharge.
b
Compliance with (b) to
occur prior to the
commencement of the
use of the premises.
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.
Agreement to remove hydrocarbons for GPT
a
Timing
a) At all times.
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.
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
73
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
51
SQIDs maintenance management plan
a
A maintenance management plan (MMP) for the
stormwater quality improvement devices must be
prepared in accordance with Section 13 (Water
Sensitive Urban Design Guidelines) of GCCC Land
Development Guidelines by a qualified professional
(RPEQ or equivalent)
b
All ongoing maintenance and monitoring of stormwater
treatment devices (e.g. bio-basin) must be undertaken
in accordance with the above MMP by the legal entity
of the development, at no cost to Council to the
satisfaction of Chief Executive Officer.
c
The applicant must take necessary measures to reflect
the requirements of SQID Maintenance Management
Plan within the by-laws of the Body Corporate /
Community Management Scheme.
Timing
Prior to commencement
of use of the developed
site.
EROSION AND SEDIMENT CONTROL
52
Erosion and sediment control
a
Erosion, sediment and dust control measures must be
implemented in accordance with the Best Practice
Erosion & Sediment Control (IECA Australasia,
November 2008).
b
Sediment control structures (eg. sediment fence) must
be placed at the base of all materials imported on-site
to mitigate any sediment runoff.
c
A perimeter bund and/or diversion drain must be
constructed around the disturbed area to prevent any
outside clean stormwater from mixing with
polluted/contaminated stormwater.
d
All polluted/contaminated water from the site, including
dewatering discharge, must be treated to achieve the
water quality objectives in Table 8.2.1 of the
Queensland Water Quality Guidelines (DERM,
September 2009) prior to discharging from the site.
e
The following inspection program must be carried out
before the site is fully rehabilitated:
i
Regular inspections to ensure that adequate
erosion control measures are in place and in
good condition both during and after construction;
and
ii
Inspections after each storm event to assess the
adequacy of the erosion control measures. The
applicant must rectify any damage or nonperforming erosion control devices and clean up
any sediment that has left the site or is on the
roads within and external to the site.
Timing
During
construction/building
works.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
74
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
ACID SULFATE SOILS (ASS)/GROUNDWATER
53
Acid sulfate soil investigation
An acid sulfate soil investigation must be completed. The
investigation sampling and analysis must be prepared in
accordance with the Guidelines for Sampling & Analysis of
Lowland Acid Sulfate Soils in Queensland Version 4
(October 1998, Ahern et al 1998) and Acid Sulfate Soil
Laboratory Method Guidelines Version 2.1 (June 2004,
Ahern et al 2004). The investigation must establish the
following:
The presence/absence of acid sulfate soils over the
a
entire excavation area (ie through soil investigations);
b
The degree (ie concentration) of acid leachate
generating potential of soils;
The required soil dosage rates and quantity of lime
c
required to mitigate acid leachate; and
d
The potential impacts on surrounding environment
features.
54
Preparation of acid sulfate soil management plan
At the completion of the investigation required by the above
condition, an acid sulfate soil management plan (‘ASSMP’)
directed towards enabling works to be undertaken in a safe
and effective manner must be prepared in accordance with:
a
The Queensland Acid Sulfate Soil Technical Manual
Version 3.8 (November 2002, Dear et al); and
b
55
Conditions of this approval.
Compliance assessment of acid sulfate soil management
plan
The ASSMP is a document requiring compliance assessment
under the Sustainable Planning Act 2009. The details of the
acid sulfate soil investigation completed pursuant to
Condition 53 (including bore hole logs, laboratory results
and chain of custody documentations) must be submitted
with the ASSMP. A request for compliance assessment must
be made in accordance with the Sustainable Planning Act
2009 for a compliance certificate approving the document, in
accordance with the following:
Matters or things against which the document must be
assessed
• The planning scheme’s Changes to Ground Level and
Creation of New Waterbodies Specific Development
Code; and
• Planning Scheme Policy 14 – Management of Activities
Located Within Areas of Acid Sulfate Soils.
Compliance assessor:
Gold Coast City Council
Timing
As indicated within the
wording of the
condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
75
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
When the request for compliance assessment must be
made
Before a development application for operational work.
56
The acid sulfate soil management plan is not an approved
plan until a compliance certificate has been issued in respect
of it.
Compliance certificate with future operational work
development applications
A copy of the compliance certificate for the acid sulfate soil
management plan must be provided with any future
operational work development applications.
OPEN SPACE
57
Street trees within public road reserve
a
b
c
58
The applicant must install a total of 30 street trees (with
a minimum value of $15,000) within Cannes Avenue,
Genoa Street public road reserves generally in
accordance with the applicant’s report titled: Response
to Information Request (part 1 of 2- page 7), dated 2707-15, prepared by Place Design Group.
The final location and species shall be determined
through the assessment of the development application
for Operational Works (Public Landscape) required by
conditions of this approval.
All street trees required by conditions of this approval
must be shown and approved on the OPW public
landscape application and must be installed,
established and maintained in accordance with the
Gold Coast City Council’ s Planning Scheme Policy 11
– Land Development Guidelines, Policy 12 Landscape
Strategy Part 1 – Landscape Character: Guiding the
Image of the City and Policy 13 Landscape Strategy
Part 2 – Landscape Works Documentation Manual.
Detailed landscape plans for public road reserve
landscaping to be submitted for approval
a
b
c
The applicant must submit to Council for approval
detailed landscape plans, by making a development
application for operational work (public landscape
work).
Landscape works must not commence on the site until
Council has issued a development permit for
operational work (public landscape work), or unless
otherwise approved by a Council Officer from the Open
Space Assessment Branch.
Without limiting the requirements of the planning
scheme’s Landscape Work Specific Development
Code, the detailed landscape plan must:
i
be prepared by a qualified landscape architect or
Timing
As indicated in the
wording of the
condition.
Timing
Prior to any landscape
works occurring.
Compliance with (d) to
occur prior to the
commencement of the
use of the premises.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
76
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
similar landscape design professional;
ii
be in general accordance with
A
Statement of Landscape Intent, being
Landscape Statement of Intent – 14
Cannes Avenue, Surfers Paradise, dated
July 2015, Ref. No. 1515004, prepared by
Place Design Group; and
B
Response to Information Request (part 1 of
2- page 7), dated 27-07-15, prepared by
Place Design Group;
iii
reflect the approved layout (including any
amendments to that layout required by these
conditions) and the conditions of this approval;
iv
comply with Planning Scheme Policy 13 Landscape Strategy Part 2 - Landscape Works
Documentation Manual;
v
for works in the road reserve – comply with the
following requirements:
A
Trees must not be aligned with side
boundaries or where underground services
are located;
B
Tree planting must be set back a minimum
of one metre from the nominal kerb line;
C
Trees must be a single-trunked canopy
shade species able to attain a clear trunk
height of 1800 mm on maturity;
D
Trees must be kept a minimum distance of
two metres laterally from inlet gullies;
E
Trees must not be planted within twenty
metres of the approach side and six metres
of the departure side of intersections that
are not equipped with traffic signals;
F
All built structures associated with an entry
statement must be located within private
property. Planting associated with the entry
statement is acceptable in the road reserve
area only where it achieves the
requirements of Planning Scheme Policy 13
- Landscape Strategy Part 2 - Landscape
Works Documentation Manual and
Planning Scheme Policy 6: Entry
Statements; and
vi
for all public open space areas – comply with the
following requirements:
A
Compliance with Planning Scheme Policy
11 – Land Development Guidelines,
Standard Specifications and Drawings must
be demonstrated;
B
Details of all landscape works including
new planting, rehabilitation works, built
structures, stormwater treatment devices
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
77
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
and wetland areas must be provided;
C
All batters to public open space must be
constructed to a slope no steeper than 1:6;
D
All paved areas, including car park areas
and shelters, are to be designed to
accommodate disability access;
The landscape works must be constructed in
d
accordance with the approved landscape plan.
59
Preparation of maintenance management plan
a
b
c
d
60
A maintenance management plan (‘MMP’) of this
development approval must be prepared.
The MMP must be prepared by a suitably qualified
professional.
The MMP must be drafted in accordance with Council’s
Open Space Management Guideline: Guideline for the
preparation of Reports and Plans associated with the
dedication of Public Open Space (November 2007,
Version 1).
The MMP must be submitted and approved in
combination with the Operational Works (Public
Landscape) application.
‘Pre-start’ inspection required
The applicant must arrange and attend an on-site ‘Pre-start’
meeting with Council asset owners, Contributed Assets
personnel and development representatives. The applicant
must contact Council’s Contributed Assets Section (ph: (07)
5582 9034) to schedule the meeting.
61
Establishment period for public road reserve
landscaping
a
b
c
Upon completion of the landscape works in accordance
with the approved landscape plans, the applicant must
notify Council’s Contributed Assets Section (ph 5582
9034) for an on-site meeting, prior to acceptance by
Council of the commencement of the ‘Establishment
Period’.
The applicant is responsible for the establishment of all
living components of public road reserve landscaping,
to the satisfaction of the Chief Executive Officer, for the
duration of a six month ‘Establishment Period’, prior to
commencement of the ‘On Maintenance’ period, in
accordance with section 6 of Planning Scheme Policy
11 – Land Development Guidelines, Standard
Specifications and Drawings.
Without limiting the obligations under section 6 of the
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings the
applicant must, during the ‘Establishment Period’:
i
rectify any defects arising from substandard
workmanship;
Timing
To be submitted with
the OPW public
landscape application.
Timing
Prior to the
commencement of
approved landscape
works on site.
Timing
As indicated within the
wording of the
condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
78
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
ii
replace any planted vegetation of poor quality or
inappropriate species where used instead of
specified species; and
maintain all components and their environs.
iii
62
On Maintenance’ period for public road reserve planting
a
b
63
Upon satisfactory completion of the ‘Establishment’
period and Council notifying the applicant that the
public open space has been formally accepted as being
‘On Maintenance’ following an ‘On Maintenance’
inspection, the applicant is responsible for undertaking
a 12 month ‘On Maintenance’ period in accordance
with Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings.
Without limiting the obligations under section 6 of the
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings, the
applicant, and not Council, is responsible for:
Maintaining open space areas; and
i
ii
For the rectification of defects and any damage
that occurs, unless the damage is directly
attributable to Council activities.
Standard of works/embellishments within public road
reserve
Works undertaken and embellishments installed within public
road reserve must be in ‘as new’ condition or with signs of
depreciation limited to deterioration commensurate with
moderate use during the ‘On Maintenance’ period. The
condition of works and embellishments includes, but is not
limited to, elements of structural, functional and aesthetic
integrity.
64
As Constructed data to be submitted
The applicant must submit to Council the ‘As Constructed
Data’ in accordance with the requirements of the Planning
Scheme Policy 11 – Land Development Guidelines.
Timing
As indicated within the
wording of the
condition.
Timing
During the ‘On
Maintenance’ period
and ‘Off Maintenance’
inspection.
Timing
Prior to the acceptance
by Council of the
commencement of the
‘On Maintenance’
period.
CONSTRUCTION MANAGEMENT
65
Construction management plan
Part A Construction Management Requirements
a
b
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.
The construction management plan must address all
activities associated with construction (excluding noise
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
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
79
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
construction
and dust issues), including but not limited to:
management plan must
i
Vehicle access (including responsibility for
maintenance of the defined cartage route) during be complied with and
kept on-site at all times
hours of construction;
during construction
ii
Traffic management (including loading and
works.
unloading);
iii
c
d
Parking of vehicles (including on site employees
and delivery vehicles);
Maintenance of safe pedestrian movement
iv
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.
The construction management plan must demonstrate
that:
the general public will be adequately protected
i
from construction activities;
ii
the building site will be kept clean and tidy to
maintain public safety and amenity; and
demand for occupation of the street and
iii
protection of Council assets will be well managed.
The approved construction management plan must be
complied with and kept on-site at all times.
Part B Road/footpath Closure Requirements
Where as a result of construction work or activities it is
necessary to temporarily close a road/footpath under the
control of Council the following requirements will apply.
e
Where it is proposed to interfere with a road for any
building or construction work such as a gantry,
hoarding or skip bin, an application for temporary
closure of a Council controlled road must be submitted
to, and approved by, Council prior to the issue of any
development permit for the carrying out of building
work. Such application is to be lodged in conjunction
with an application for approval of a construction
management plan.
Where it is required to interfere with a road for any
f
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
80
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
66
Noise management
a
b
c
d
67
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.
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.
The noise management plan must:
i
be prepared by a suitably qualified acoustic
engineer;
provide details of expected noise sources;
ii
iii
include an assessment of the predicted noise
levels from all proposed construction activities;
iv
identify the measures and work practices that will
be implemented to ensure that noise from
construction activities does not cause an
‘environmental nuisance’ (within the meaning of
that term set out in the Environmental Protection
Act 1994) at any sensitive receptor stated in
schedule 1 of the Environmental Protection
(Noise) Policy 2008;
identify the procedures to be adopted for
v
monitoring of noise emissions;
vi
provide details of complaint response procedures
that will be adopted;
identify the procedures to be adopted for revision
vii
and review of the noise management plan.
The approved noise management plan must be
complied with and kept on-site at all times.
Dust management
a
b
c
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.
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.
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
Timing
As indicated within the
wording of the
condition.
Timing
As indicated within the
wording of the
condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
81
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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;
identify the procedures to be adopted for
iv
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.
d
The approved dust management plan must be
complied with and kept on-site at all times.
68
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.
69
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.
70
Transport of soil/fill/excavated material
During the transportation of soil and other fill/excavated
material:
All trucks hauling soil, or fill/excavated material must
a
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.
Timing
At all times while works
are occurring.
Timing
At all times while works
are occurring.
PLUMBING AND DRAINAGE
71
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
Timing
Prior to works
occurring.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
82
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
compliance assessable water supply plumbing work within
the property. Without limiting the requirements of the
Plumbing and Drainage Act 2002 with which the works must
comply, the application must:
be accompanied by a hydraulic design for all water
a
services within the property; and
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.
72
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.
73
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;
comply with Council’s Waste Management Policy
b
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.
Timing
Prior to works
occurring.
Timing
Prior to any on-site
sewerage works
occurring on site.
SEWERAGE
74
Sewer reticulation
a
The development must be connected to Council’s
Timing
Prior to commencement
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
83
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
of the use of the
sewer reticulation system at no cost to Council.
premises.
b
The applicant is responsible for any external works
necessary to connect to Council’s live sewer
reticulation system.
c
The size of the sewer property service connection shall
be a minimum 150mm.
d
An operational works application is required for the
construction of the minimum 150mm sized house
connection and manhole within Cannes Avenue.
75
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).
76
Connection point
The existing 300mm main in Cannes Avenue must be used
as the connection point, unless otherwise approved by Gold
Coast Water.
77
Connections – arrangements with Gold Coast Water
All live connections to the existing sewer main or a manhole
(MH) are to be performed by Gold Coast Water at the
applicant’s cost. The applicant must liaise with Gold Coast
Water’s Asset Audit & Handover Section (phone 1300 694
222) to make arrangements for the connection.
78
Ownership and maintenance of sewerage infrastructure
All private sewerage infrastructure internal to this
development shall be owned and managed by the principal
body corporate/owners.
79
Redundant sewer infrastructure
a
b
80
Any redundant sewer property service connections
within the site or servicing the development must be
removed or sealed and capped as directed by Gold
Coast Water, at the applicant's cost.
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.
Operational work (works for infrastructure) application
required
The applicant must obtain a development permit for
operational work (works for infrastructure) for any works
(including augmentations) where the sewerage infrastructure
assets are to be owned and/or maintained by Council.
Timing
At all times.
Timing
Prior to commencement
of the use of the
premises.
Timing
Prior to connection to
existing infrastructure.
Timing
At all times.
Timing
Prior to the earlier of
acceptance of any
works ‘On Maintenance’
or commencement of
the use of the premises.
Timing
Prior to works
occurring.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
84
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
WATER SUPPLY RETICULATION
81
82
Water supply reticulation (potable only)
The development must be connected to Council’s
a
potable water reticulation system at no cost to Council.
b
The applicant is responsible for any external works
necessary to connect to Council’s potable water
reticulation system.
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).
83
Connection point
The existing 150mm main in Cannes Avenue must be used
as the potable water supply connection point, unless
otherwise approved by Gold Coast Water.
Timing
Prior to commencement
of the use of the
premises.
Timing
At all times.
Timing
Prior to commencement
of the use of the
premises.
84
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 GCW to remove any redundant
water meters and/or services, at the applicant's cost.
Timing
Prior to the
commencement of use
of the premises.
85
Connections – arrangements with Gold Coast Water
Timing
Prior to connection to
existing infrastructure.
All live connections to the existing water main are to be at the
applicant’s cost. The applicant must liaise with Gold Coast
Water’s Asset Audit and Handover Section (phone 1300 694
222) to make arrangements for the connection.
86
Supply standard
The applicant must provide water supply to the standard
specified in Section 7 of Gold Coast City Council’s Land
Development Guidelines and Gold Coast Waters Network
Development and Connections Procedure.
Timing
At all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
85
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
87
Individual sub-metering to be provided
The developer shall provide individual sub-metering for all
units within the complex including any common property, in
accordance with Sub-metering Policy dated 1 January 2008,
as follows unless otherwise approved by Gold Coast Water.
All meters and their locations shall be approved by
a
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.
88
Fire loading
Fire loading must not exceed 15L/s for two (2) hours for
residential uses, unless otherwise approved by Gold Coast
Water.
89
Timing
At the time of
lodgement of the
Plumbing and Drainage
application.
Timing
At all times.
Ownership and maintenance of water infrastructure
Timing
All private water infrastructure internal to this development
shall be owned and managed by the principal body
corporate/owners.
At all times.
ADVISORY NOTES TO APPLICANT
B
Conditions contained within the Decision Notice
Where applicable, conditions of approval in this Decision Notice have a separate timing
component to clarify when compliance with the condition must be achieved. This timing
component forms part of the condition itself.
C
Properly made submissions
There were no properly made submissions about the application.
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
86
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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
entitlements etc by whatever name called required by law before the development
the subject of this approval can be lawfully commenced and to carry out the
activity for its duration;
b
Providing any notifications required by law (by way of example only, to notify the
administering authority pursuant to the Environmental Protection Act 1994 of
environmental harm being caused/threatened by the activity, and upon becoming
aware the premises is being used for a ‘notifiable activity’);
c
Securing tenure/permission from the relevant owner to use private or public land
not owned by the applicant (including for access required by conditions of
approval);
d
Ensuring the correct siting of structures on the land. An identification survey
demonstrating correct siting and setbacks of structures may be requested of the
applicant to ensure compliance with this decision notice and applicable codes;
e
Providing Council with proof of payment of the Portable Long Service Leave
building construction levy (or proof of appropriate exemption) where the value of
the Operational Works exceeds $150,000. Acceptable proof of payment is a
Q.Leave – Notification and Payment Form approved by the Authority. Proof of
payment must be provided before Council can issue a development permit for the
Operational Works. This is a requirement of section 77(1) of the Building and
Construction Industry (Portable Long Service Leave) Act 1991; and
f
Making payment of any outstanding Council rates and charges applicable to the
development site prior to the lodgement of subdivision plans.
F
G
Maintenance Management Plan
a
The MMP is a separate application to be assessed alongside the Operational
Works (Public Landscape) application. Submission of the MMP requires the
applicant to fill out and submit an application form. A link to the MMP application
form can be found on the following City of Gold Coast link;
http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf.
b
Failure to submit this form with the MMP application will result in a not properly
made application and or additional charges. It is the applicant's responsibility to
inform Council that two applications are being submitted (Public Landscape and
MMP) and that two applications require processing by Council's contact officer.
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:
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
87
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
a
Is not negated by the issuing of this development approval;
b
Applies on all land and water, including freehold land;
c
Lies with the person or entity conducting an activity; and
d
If breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has
already occurred at the proposed site must observe this duty of care.
Details of how to fulfil this duty of care are outlined in the duty of care guidelines
gazetted with the AHCA.
The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07)
3405 3050 for further information on the responsibilities of developers under the AHCA.
H
Infrastructure charges
Infrastructure charges are now levied under a Charges Resolution by way of an
Infrastructure Charges Notice, which accompanies this decision notice.
I
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].
J
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
88
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
K
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:
Sally Taylor
Alisha Swain
Town Planner
Acting Director Planning and Environment
23 September 2015
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
89
Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT)
FOR APARTMENTS (24 UNITS) - LOT 9 ON RP42887 - 14 CANNES AVENUE, SURFERS
PARADISE - DIVISION 10
PN62857/01/DA2
Committee Recommendation Adopted At Council Meeting 20 October 2015
Changed Recommendation
COMMITTEE RECOMMENDATION
CP15.1014.001
moved Cr Gates
seconded Cr Owen-Jones
Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as
per section 173 of the Local Government Act 2009), due to her acceptance of campaign
contributions from Place Design Group and her employment at architectural consultant firm,
Forgan Smith Architects, but that she had considered her position and was firmly of the
opinion she could participate in debate and vote on this matter in the public interest.
Cr Gates remained in the room.
That Council resolves as follows:
Real property description
Lot 9 on RP42887
Address of property
14 Cannes Avenue, Surfers Paradise
Area of property
860m²
Decision type
Development Permit for Material Change of Use
(Impact Assessment) for Apartments (24 units)
Operational Works- Works for Infrastructure,
Operational Works- Advertising Devices, Operational
Works- Landscape Works, Operational WorksVegetation Works, Vehicle Crossover Permit,
Building Works
Further development permits
Further compliance permits
Water Supply, Sewerage Works, Fire Services
Compliance assessment required
for documents or works
Acid Sulfate Soils
NATURE OF DECISION
A
Council approves the issue of a Development Permit for Material Change of Use for
Apartments (24 units), subject to the following conditions:
APPROVED DRAWINGS
1
Development to be generally in accordance with specified plans/drawings
The development must be carried out generally in accordance with the approved
plans/drawings listed below, stamped and returned to the applicant with this decision
notice.
Plan No.
Rev.
Title
Date
Prepared by
4.2
C
Site and Roof Plan
Sept 2015
Forgan Smith Architects
4.3
C
Architectural Images
Sept 2015
Forgan Smith Architects
4.4
C
Architectural Images
Sept 2015
Forgan Smith Architects
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Adopted Report
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
4.5
C
West Elevation
Sept 2015
Forgan Smith Architects
4.6
C
East Elevation
Sept 2015
Forgan Smith Architects
4.7
C
South Elevation
Sept 2015
Forgan Smith Architects
4.8
C
Indicative Finishes
Sept 2015
Forgan Smith Architects
7.2
C
Boundary Interface Plan
Sept 2015
Forgan Smith Architects
7.3
C
Part Section A
Sept 2015
Forgan Smith Architects
7.4
C
Part Section B
Sept 2015
Forgan Smith Architects
7.5
C
Part Section C
Sept 2015
Forgan Smith Architects
7.6
C
Part Section D
Sept 2015
Forgan Smith Architects
7.7
C
Front Boundary Interface
Sept 2015
Forgan Smith Architects
7.8
C
Boundary Elevations
Sept 2015
Forgan Smith Architects
7.9
C
Boundary Elevations with Trees
Sept 2015
Forgan Smith Architects
A-01-01
C
Ground Level Parking Plan
15/9/2015
Forgan Smith Architects
A-01-02
B
L1 Parking Plan
15/7/2015
Forgan Smith Architects
A-01-03
B
L2 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-04
B
L3 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-05
B
L4 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-06
B
L5 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-07
B
L6 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-08
B
L7 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-09
B
L8 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-10
B
L9 Floor Plan
15/7/2015
Forgan Smith Architects
A-01-11
B
Roof Plan
15/7/2015
Forgan Smith Architects
A-02-01
B
South Elevation
15/7/2015
Forgan Smith Architects
A-02-02
B
East Elevation
15/7/2015
Forgan Smith Architects
A-02-03
B
North West Elevation
15/7/2015
Forgan Smith Architects
A-03-01
A
Section A/A and B/B
18/2/2015
Forgan Smith Architects
A-20-01
B
Unit Type A & Unit Type B
15/7/2015
Forgan Smith Architects
A-20-02
B
Unit Type C
15/7/2015
Forgan Smith Architects
The conditions of this approval are to be read in conjunction with the attached stamped
approved plans/drawings. Where a conflict occurs between the conditions of this
approval and the stamped approved plans/drawings, the conditions of this approval
shall take precedence.
2
Decision notice and approved plans/drawings to be
submitted with subsequent application
A copy of this decision notice and accompanying stamped
approved plans/drawings must be submitted with any
building development or operational works application
relating to or arising from this development approval.
Timing
As indicated within the
wording of the
condition.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
3
Decision notice and approved plans/drawings to be
retained on site
Timing
At all times.
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.
4
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/formsapplications.html.
5
Compliance with Land Development Guidelines and
operational work development permits
Unless otherwise specified in the conditions of this
development permit, all works the subject of this approval
must:
a
Be designed, constructed and maintained in
accordance with Planning Scheme Policy 11 – Land
Development Guidelines, Standard Specifications and
Drawings;
b
In the case of assessable development, be approved
by effective development permits for operational work
prior to such works commencing, as this approval does
not include approval of any operational work; and
c
Where any Standard and/or Specification and/or Code
and/or Document as referred to or referenced in the
Land Development Guidelines has been replaced or
superseded, then the later or new Standard and/or
Specification and/or Code and/or Documents are to be
used. To be clear, the latest edition of any Standard,
Timing
After successful
completion of any prestart inspections
required by conditions
of this or other
development approvals
and at least 5 business
days prior to
commencement of any
works on site.
Timing
At all times.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Specification, Code or Document is to take
precedence.
WORKS - COMPLIANCE
6
Certification of compliance
All works must be certified by a suitably qualified professional
as complying with the approved plans.
For this condition, a ‘suitably qualified professional’ is a
person with tertiary qualification and professional affiliation in
the field of engineering or science relevant to the works
and/or management plan and who has at least two years'
experience in management in that field. Where the works
and/or management plans involve different fields, a
certification is required from a suitability qualified professional
for each separate field.
Timing
The applicant must
submit the certification
prior to the earliest of
compliance assessment
of the subdivision plan,
the commencement of
the ‘On Maintenance’
period or the
commencement of the
use.
ADVERTISING DEVICES
7
Advertising device approval required
No advertising device is to be erected on the premises
without the necessary development permit for operational
work (advertising device) and/or approval under Council’s
Local Law No. 16 (Licensing) and Subordinate Local Law
16.8 (Advertisement). The applicant should contact Council’s
Health, Regulatory & Lifeguard Services Branch on (07) 5581
5092 to discuss approval requirements.
Timing
At all times.
AMENITY
8
Restricted paint colours
Buildings and structures must not be painted in highly
reflective, bright or obtrusive colours.
9
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.
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
Roof to be non-reflective - Amenity
The roof must be constructed with non-reflective finishes so
as not to cause glare or other nuisance to surrounding
residents, to the satisfaction of the Chief Executive Officer.
Timing
At all times.
Timing
At all times once the
use has commenced.
Timing
At all times.
Timing
At all times.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
12
Treatment
The car parking gates, bin storage door, screened temporary
bin location and car park gates must be treated in a material
and colour approved in Condition 1.
13
Padmount Transformer
If a padmount transformer is required, the Applicant must
ensure it is screened in the same materials and colours as
the proposed building and its location must not result in a
loss of landscaping.
Note: Initial advice provided by the Applicant confirmed that
no padmount transformer is required.
Timing
Prior to the
commencement of use.
Timing
Prior to the
commencement of use.
BUILT FORM
14
Balconies and podiums to be unenclosed
All balconies and podium areas must remain unenclosed in
accordance with the approved plans referred to in condition 1
of this decision notice.
Timing
At all times once the
use has commenced.
PLOT RATIO BONUSES
15
Plot Ratio Bonuses
Prior to the earlier of the issue of Building Approval and the
issue of a Certificate of Classification, and the development’s
occupation and commencement of use, the Applicant is to
demonstrate compliance with or satisfaction of Planning
Scheme Policy 18 bonus elements in accordance with the
approval. The principle consultant of the respective
disciplines related to the design of the development or
elements of the development that have been awarded plot
bonuses, must provide certification to the satisfaction of
Council confirming the development has been constructed in
accordance with the approval in regard to implementing and
delivering all aspects of the development for which Plot Ratio
bonuses were awarded in the approval, including:
a
8.1- Urban improvements to a minimum value of
$15,000 for a minimum of 30 street trees along Cannes
Avenue and Genoa Street as per the requirements of
Condition 57.
b
8.1- Urban improvements (contribution of $50,000 to
allow for expansion of the existing footpath network in
the neighbourhood is to be paid to Council. This
contribution amount is calculated using Council's
standard day labour costings. The Applicant is to
contribute the sum of $50,000.00 into the trust fund for
footpath and bikeways divisional funding account
number 74648 (Bikdiv – 10)).
c
9- Bonus for urban design.
d
10- Bonus for Architectural Merit (including the
achievement of a GBCA 4 star Green Star design
rating).
Timing
Refer to wording within
the condition.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
16
Plot Ratio Bonuses
Prior to the issue of a Certificate of Classification, and the
development’s occupation and commencement of use, the
Applicant must demonstrate through the Body Corporate
legal arrangements and Community Management
Statements, that all aspects and programs of the
development for which Plot Ratio bonuses were awarded in
the approval are maintained in perpetuity for the life of the
development.
Timing
Refer to wording within
the condition.
WASTE
17
Waste chute – design and construction
The waste chute must be located in accordance with floor
plan L1 to L9 prepared by Forgan Smith Architects as
referenced within Condition 1, and be designed and
constructed in accordance with the requirements of section
11.5 of Gold Coast City Council’s Solid Waste management
Guideline for New Developments (2011) as detailed below:
a
Adequate strength for its purpose, including additional
reinforcing where necessary at joins, bends and
hopper intersections.
b
Insect and vermin proof.
c
Constructed and installed to prevent the following
during use and operation of the system:
i
Transmission of vibration to the structure of the
premises
ii
Excessive odour
iii
Excessive noise to the occupants of the building
d
Installed in a fire rated duct and ventilated in
compliance with building requirements of the Building
Code of Australia.
e
Comply with the waste chute manufacturer’s technical
specifications and /or operational limitations, including
installation design features and ancillary equipment
required to prevent blockages and noise disturbances,
to achieve compliance with the section.
f
Fitted with a shutter at the base of the chute for closing
off the chute manually during bin exchange and
automatically in the case of fire.
18
Waste disposal points – design and construction
A waste disposal point / hopper must be located on each
residential floor in accordance with floor plan L1 to L9
prepared by Forgan Smith Architects and referenced within
Condition 1, and be designed and constructed in accordance
with the requirements of section 11.5 of Gold Coast City
Council’s Solid Waste Management Guideline for New
Developments (2011) as detailed below:
a
Located to ensure the handle of the hopper is at least
Timing
Prior to occupation of
the development.
Timing
Prior to occupation of
the development.
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ITEM 1 (CONTINUED)
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1200 millimetres above finished floor level.
b
Hopper door must automatically return to the closed
position after use.
c
Designed to permit free flow of waste into the chute.
d
Constructed so that the diameter or largest dimension
of the service opening (the diagonal of a rectangular
opening) does not exceed three-quarters (3/4) of the
diameter of the chute with which the hopper is
connected.
e
The floor adjacent to the hopper to be paved with a
durable impervious material with a smooth finished
surface.
19
Waste storage room – design and construction
The waste storage room must be located in accordance with
Ground Level Parking Plan prepared by Forgan Smith
Architects as referenced within Condition 1, and be designed
and constructed in accordance with the requirements of
section 11.5 of Gold Coast City Council’s Solid Waste
Management Guideline for New Developments (2011) as
detailed below:
a
b
c
d
e
f
g
h
i
j
k
Fire rated and ventilated in accordance with the
Building Code of Australia.
Insect and vermin proof.
The doors must be wide enough to allow for the easy
removal of the largest container to be stored.
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.
The floor must be a constructed hardstand area and
graded to fall to a drainage point/s connected to sewer
in accordance with trade waste requirements.
Adequate additional space must be provided for
compactors (if applicable).
Adequate artificial lighting must be provided.
Refrigerated rooms must be fitted with an approved
alarm device outside, but controllable only from within
the room.
Must not be located adjacent to or within any habitable
portion of a building or place used in connection with
food preparation (including food storage).
A hose cock must be provided immediately outside the
room for cleaning bins and the room.
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 of
the development.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
20
Additional Recyclable Storage
Adequate storage for recyclable waste must be provided. All
users must be able to safety and easily access these area/s.
21
Bulk bins – Servicing Point
The bulk bin servicing point must be located in accordance
with Section 3.6 of the submitted Planning Report prepared
by Place Design Group, dated 22 April 2015 and be
designed and constructed in compliance with the
requirements of Section 11.3 of Gold Coast City Council’s
Solid Waste Management Guideline for New Developments
(2011) as detailed below:
a
b
c
d
e
f
Timing
At all times.
Timing
Prior to occupation of
the development.
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.
Clearly separated from car parking bays, loading bays,
footpaths and pedestrian access, and any other similar
areas.
Clear of speed control devices or similar provisions
which inhibit direct access to the bins for servicing.
Constructed hardstand with a solid concrete base or
acceptable equivalent.
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.
Screened to minimise the view of bins from
neighbouring properties, or passing vehicles and
pedestrian traffic external to the site.
ACOUSTICS
22
Acoustic design and construction / compliance report
a
b
c
The development must be designed and constructed in
accordance with the recommendations outlined in the
acoustic report prepared by CRG Acoustics Pty Ltd
dated 5 May 2015 (Reference No. crgref: 15022
report).
Any alteration to the design or construction of the
development that prevents the recommendations of the
approved acoustic report being implemented will
require an amended acoustic report to be submitted
and approved by Council prior to Building Approval.
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
Timing
Prior to occupation of
the development.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
accordance with the established noise criteria and
recommendations outlined in the approved acoustic
report.
23
Driveway and carpark surfaces
a
b
24
Driveway and carpark areas are to be finished with
surface coatings that prevent tyre sequel (an uncoated
surface is acceptable).
Drainage grating placed over trafficable areas is to be
well secured to prevent rattling.
Waste collection hours
Waste collection must be conducted between the hours of
7am and 6pm only.
25
Roof top communal recreational hours
Roof top communal recreational hours are restricted to
between 7am and 10pm daily.
26
Floor impact isolation
Floor impact isolation to the roof deck /units below must be
considered in the design, to ensure that noise annoyance in
units below is not caused by people with hard sole shoes
walking across the roof deck. The requirements of the
Building Code of Australia should be applied.
27
Mechanical plant / Air conditioning
Mechanical plant to be designed and installed to comply with
the noise criterion presented in section 4.2 of report
prepared by CRG Acoustics Pty Ltd dated 5 May 2015
(Reference No. crgref: 15022 report).
Timing
Prior to occupation of
the development
Timing
At all times
Timing
At all times
Timing
Prior to occupation of
the development
Timing
Prior to occupation of
the development
CAR PARKING AND ACCESS
28
Off street car parking facilities
a
b
c
d
29
Off-street car parking facilities must be designed,
constructed and maintained to the satisfaction of the
Chief Executive Officer, at no cost to Council, in
accordance with AS2890.1 (latest version).
Off-street facilities for car parking must only be used for
vehicle parking.
A minimum of 24 off-street car parking spaces must be
provided, for residents.
Off-street car parking facilities must be drained, sealed
and line marked.
Bicycle parking
a
Timing
Prior to the
commencement of the
use and at all times.
Bicycle parking must be provided and maintained, to
the satisfaction of the Chief Executive Officer and at no
cost to Council, in accordance with the Cycling Aspects
of Austroads Guides (2014) and the following:
Timing
Prior to the
commencement of the
use and at all times.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
i
24 Class 2 bicycle parking spaces for residents,
calculated at the rate of 1 space per dwellings.
ii
4 Class 3 bicycle parking spaces for visitors,
calculated at the rate of 1 space per 6 dwellings.
b
The bicycle parking spaces are to:
i
ii
iii
iv
v
vi
vii
viii
30
Enable wheels and frame to be located to the
device without damaging the bicycle;
Be located outside pedestrian movement paths;
Be accessible from the road;
Be arranged so that parking and unparking
manoeuvres will not damage adjacent bicycles;
Be protected from manoeuvring motor vehicles
and opening car doors;
Be as close as possible to the cyclists ultimate
destination;
Be well lit by appropriate existing or new lighting;
and
Be protected from the weather.
Signs and line marking
In addition to signs and line marking required by AS2890.1,
the following must be installed and maintained to the
satisfaction of the Chief Executive Officer and at no cost to
Council:
a
31
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.
Sight lines to pedestrians
Where a driveway is two lane, two way and meets a property
boundary to a public roadway, a clear (triangulated) sight line
must be provided and maintained. The sight line must be 2
metres wide, provided on the exit side of the driveway, for a
length of 2.5 metres back into the site, in accordance with
Figure 3.3 – Minimum sight lines for pedestrian safety of
AS2890.1. The area within these sight triangles must be
kept clear of obstructions.
32
Internal driveways
a
b
c
Timing
Prior to the
commencement of the
use and at all times.
The absolute maximum gradient of the internal
driveway must not exceed 25% for a length of no more
than 20 metres or 20% for lengths greater than 20
metres.
The pavement for driveways must be constructed using
concrete or an unbound pavement material (crushed
rock or soil aggregate paving material), surfaced with
asphalt and treated in accordance with Condition 38.
The design and construction of the pavement for
Timing
Prior to the
commencement of the
use and at all times.
Timing
The RPEQ certification
must be provided to
Council prior to the
commencement of the
use on the subject lot.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
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internal (private) roads must comply with AS 3727-1993
Guide to residential pavements and AS2890. 1-2004
Parking facilities Part 1: Off-street car parking.
d
The pavement construction for driveways must be
supervised and certified by a Registered Professional
Engineer Queensland (RPEQ) and the certification
provided to Council.
VEHICULAR CROSSINGS AND DRIVEWAYS
33
Vehicular crossings
a
b
c
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.
The applicant must apply for and obtain a licence from
Council for the construction of the vehicular crossing/s.
The vehicular crossing/s must be constructed to the
satisfaction of the Chief Executive Officer.
Timing
Prior to commencement
of the use on the site.
ROAD RESERVE ALTERATIONS/RECONSTRUCTION
34
Connection to, alteration or realignment of Council
infrastructure
a
b
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.
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.
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.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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.
35
Reconstruction of kerb and channel
a
b
Where kerb and channel is removed or damaged, the
applicant must reconstruct the kerb and channel for the
full frontage/s of the development site at Cannes
Avenue 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.
The reconstruction of any service pits or infrastructure
necessary to achieve the requirements of Planning
Scheme Policy 11 – Land Development Guidelines,
Standard Specifications and Drawings when
constructing/reconstructing kerb and channel and
footpaths is to be at the applicant’s cost and at no cost
to Council.
Timing
Prior to the earlier of a
request for compliance
assessment of the
subdivision plan or the
commencement of the
use of the premises.
ELECTRICAL RETICULATION
36
Electricity supply to MCU developments and private
estates
The applicant must submit to Council a copy of the
‘Certificate of Supply’ from an authorised electricity supplier
(e.g. ENERGEX) as evidence that
a
Low-voltage electricity supply is available to the
development site and all proposed lots / dwellings
within the site (i.e. sufficient for the ultimate use of the
site).
b
In supplying power to the site, no additional poles
and/or pole-mounted transformers are to be erected
within the road reserve.
c
Any existing overhead electricity lines up to and
including 11kV lines within or bounding the site (i.e.
along the adjacent verge of Cannes Avenue) must be
removed or placed underground.
Timing
Prior to the earlier of
Council compliance
assessment of
subdivision plans or the
commencement of the
use.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
37
Telecommunications – MCU
The applicant must:
a
b
c
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.
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.
Provide certification to Council, from the authorised
telecommunications carrier/contractor, that the works
and infrastructure required above have been
undertaken and installed in accordance with
telecommunications industry standards (eg. Telstra
standards).
Timing
Prior to commencement
of the use.
LANDSCAPE WORKS ON PRIVATE LAND
38
Detailed landscape plan to be submitted for approval
a
b
The applicant must submit to Council for approval a
detailed landscape plan, by making a development
application for operational work (landscape work).
Without limiting the requirements of the planning
scheme’s Landscape Work Specific Development
Code, the detailed landscape plan must:
i
Be prepared by a qualified landscape architect or
similar landscape design professional;
ii
Be in general accordance with the Statement of
Landscape Intent, being plan no 1515004 SK01sk07, rev C, title Landscape Statement of Intent,
date 21/07/2015, prepared by place design
group;
iii
Reflect the approved layout (including any
amendments to that layout required by these
conditions) and the conditions of this approval;
iv
Reflect the internal driveway/ pavement treatment
shown on drawing 4.2, titled ‘Site and Roof Plan’,
Issue C, dated September 2015
Note: Drawing 4.2 referenced above shows the
conditioned pavement and internal footpath
treatment, whereas the statement of landscape
intent shows a superseded pavement treatment;
and
v
Comply with Planning Scheme Policy 13 –
Landscape Strategy Part 2 – Landscape Works
Documentation Manual.
Timing
Approval of proposed
landscape work must
be obtained prior to the
earlier of the
commencement of
operational works
(landscaping) or the
issue of a certificate of
classification.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
39 The required landscaping plan must also demonstrate
the following:
a
b
c
d
e
f
g
h
i
j
k
l
m
40
Feature tree species must be native evergreen canopy
shade trees with a minimum bag size of 400 litre at the
time of planting;
Internal tree species must be native evergreen canopy
trees with a minimum bag size of 200 litre at the time of
planting;
Palm species must be a minimum 3 metres in height at
the time of planting;
Pandanus species must be multi-headed and a
minimum 3 metres in height at the time of planting;
Feature shrub species must be a minimum 300mm pot
size at the time of planting;
Screening/ Buffer shrub species must be a minimum
45litre pot size at the time of planting;
All other shrub species must be a minimum 200mm pot
size at the time of planting;
Planter boxes where large feature 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 such confined planting locations
and salt laden winds;
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;
An automatic irrigation system must be provided to all
podium planter boxes;
Provide detailed information how stormwater is treated
within tree planters / pots effectively and being utilised
for irrigation; and
The landscape plan must include the approved location
and detailed design drawings of the bio-retention
system which is required as part of the Stormwater
Management for the site. The plan must incorporate an
appropriate list of species in the plant schedule, which
are suitable for a bio-retention area. Planting densities
must match those shown in Council’s Water Sensitive
Urban Design Guidelines.
Trellis and Facades
The applicant must submit with the application for operational
work (landscape work), operational details, specifications and
a maintenance management plan relating to the, trellis and/or
Facades systems. The management plan must:
a
Provide detailed information as to how these vegetative
systems will maintain consistent irrigation and
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
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nutritional requirements according to best horticultural
practices;
b
Stipulate a maintenance schedule for these systems;
and
c
Provide details of the minimum standards to which
these systems must be maintained.
VEGETATION MANAGEMENT
41
Vegetation works OPW application required
This approval does not approve vegetation clearing or
damage. A development application for operational work
(vegetation works) must be made to and approved by
Council for any works proposing clearing or damage to any
Protected Vegetation. The application must be accompanied
by a copy of each of the following plans (and, where a plan
has already been approved, that plan must be accompanied
by the corresponding approval documentation (ie decision
notice or letter of approval)):
a
The approved MCU / ROL layout plan.
b
The approved Landscape Plan with compensatory
street tree plantings.
c
Plans clearly identifying which vegetation is proposed
to be removed and which vegetation is proposed to be
retained.
d
A sediment and erosion control and construction
management plan.
For this condition ‘Protected Vegetation’ is defined as
vegetation that is:
e
equal to, or in excess of, 40 centimetres in girth
(circumference) measured at 1.3 metres above
average ground level irrespective of the domain or
LAP; or
f
equal to, or in excess of, four metres in height in the
Rural, Park Living or Emerging Communities Domains,
Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and
10), Coomera Town Centre (Precincts 8, 10 and 11),
Currumbin Hill LAP, Eagleby LAP (Precinct 6), East
Coomera/Yawalpah Conservation LAP, Guragunbah
LAP, Hope Island LAP (Precinct 3), Mudgeeraba
Village LAP, Nerang LAP (Precincts 9 and 10), South
Stradbroke LAP, Uplands Dr and Woodlands Way LAP,
West Burleigh Township LAP or Yatala Enterprise Area
LAP.
Note: Council’s Arboricultural Planning section have
acknowledged that the two (2) Delonix regia (Poinciana’s)
located on the road reserve adjacent to the property
boundary will be removed to accommodate the development.
However, this Material Change of Use approval does not
approve vegetation clearing or damage and an Operational
Timing
Prior to the
commencement of any
operational works for
vegetation clearing.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
Works application is still required to be submitted to and
assessed by Council.
HYDRAULICS
42
No loss of floodplain storage
The proposed development shall result in no loss of
floodplain storage up to the 100 year ARI regional flood
event.
43
No worsening of hydraulic conditions
The development must be designed and constructed so as to
result in:
a
No increase in peak flow rates downstream from the
site;
b
No increase in flood levels external to the site; and
c
No increase in duration of inundation external to the
site that could cause loss or damage.
44
Alteration of overland flow paths
Overland flow paths on the site must not be altered in a way
that inhibits or alters the characteristics of existing overland
flows on other properties or that creates an increase in flood
damage on other properties.
45
Building floor levels
a
b
c
46
Building floor levels of habitable rooms must be at least
300mm above the Council's designated flood level.
Building floor levels of garages and non-habitable
rooms, constructed at approximately the same level as
the main dwelling and attached to the main dwelling,
must be at or above the designated flood level.
b
Timing
At all times.
Timing
At all times.
Timing
At all times.
Building floor levels of garages and non-habitable
rooms, which are detached from the fabric but within
the curtilage of a building and not to be used for
storage of goods, can be a maximum of 600mm below
the designated flood level.
Flood management plan to be complied with
a
Timing
At all times.
The flood emergency management plan being “Flood
Hazard Management Plan – Proposed Residential
Development at Lot 9 on RP42887; 14 Cannes Avenue
Surfers Paradise” prepared by Knobel Consulting Pty
Ltd dated 1 May 2015, must be included in the site
management scheme / document and its
recommendations must be followed by the legal entity
or the nominated person, at no cost to Council, during a
flood event.
The proposed development shall ensure no additional
burden on SES and Council’s emergency service
during the major flood events.
Timing
At all times.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
47
Flood hazard signage
The applicant must install flood warning signs within the
proposed development site informing users / visitors of the
facility notifying the potential flood hazard at and around the
site. The flood signage must also state that the Cannes
Avenue in front of the property will be extremely hazardous
during major flood events. The flood warning signs must be
clearly visible to the occupants / visitors when entering the
site.
Timing
Prior to the
commencement of the
use of the premises.
STORMWATER AND WATER QUALITY
48
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 “Conceptual
Stormwater Management Plan - Proposed Residential
Development at Lot 9 on RP42887; 14 Cannes Avenue
Surfers Paradise” prepared by Knobel Consulting Pty Ltd
dated 1 May 2015.
Timing
The certification must
be submitted to Council
prior to the
commencement of the
use of the premises.
Information Note:
This condition is imposed in accordance with section 665 of
the Sustainable Planning Act 2009.
49
GPT in the car park area
a
b
50
The applicant must ensure that stormwater runoff from
the car parking area must be treated by gross pollutant
trap (hydrocarbon and litter separator), prior to
discharging to the bio-retention system/to a lawful point
of discharge.
b
Compliance with (b) to
occur prior to the
commencement of the
use of the premises.
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.
Agreement to remove hydrocarbons for GPT
a
Timing
a) At all times.
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.
The applicant must submit to Council evidence that an
agreement has been entered into with a licensed waste
removal entity for the removal of hydrocarbons/waste in
accordance with this condition.
Timing
Prior to the
commencement of the
use of the premises and
then maintained at all
times.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
51
SQIDs maintenance management plan
a
A maintenance management plan (MMP) for the
stormwater quality improvement devices must be
prepared in accordance with Section 13 (Water
Sensitive Urban Design Guidelines) of GCCC Land
Development Guidelines by a qualified professional
(RPEQ or equivalent)
b
All ongoing maintenance and monitoring of stormwater
treatment devices (e.g. bio-basin) must be undertaken
in accordance with the above MMP by the legal entity
of the development, at no cost to Council to the
satisfaction of Chief Executive Officer.
c
The applicant must take necessary measures to reflect
the requirements of SQID Maintenance Management
Plan within the by-laws of the Body Corporate /
Community Management Scheme.
Timing
Prior to commencement
of use of the developed
site.
EROSION AND SEDIMENT CONTROL
52
Erosion and sediment control
a
Erosion, sediment and dust control measures must be
implemented in accordance with the Best Practice
Erosion & Sediment Control (IECA Australasia,
November 2008).
b
Sediment control structures (eg. sediment fence) must
be placed at the base of all materials imported on-site
to mitigate any sediment runoff.
c
A perimeter bund and/or diversion drain must be
constructed around the disturbed area to prevent any
outside clean stormwater from mixing with
polluted/contaminated stormwater.
d
All polluted/contaminated water from the site, including
dewatering discharge, must be treated to achieve the
water quality objectives in Table 8.2.1 of the
Queensland Water Quality Guidelines (DERM,
September 2009) prior to discharging from the site.
e
The following inspection program must be carried out
before the site is fully rehabilitated:
i
Regular inspections to ensure that adequate
erosion control measures are in place and in
good condition both during and after construction;
and
ii
Inspections after each storm event to assess the
adequacy of the erosion control measures. The
applicant must rectify any damage or nonperforming erosion control devices and clean up
any sediment that has left the site or is on the
roads within and external to the site.
Timing
During
construction/building
works.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
ACID SULFATE SOILS (ASS)/GROUNDWATER
53
Acid sulfate soil investigation
54
An acid sulfate soil investigation must be completed. The
investigation sampling and analysis must be prepared in
accordance with the Guidelines for Sampling & Analysis of
Lowland Acid Sulfate Soils in Queensland Version 4
(October 1998, Ahern et al 1998) and Acid Sulfate Soil
Laboratory Method Guidelines Version 2.1 (June 2004,
Ahern et al 2004). The investigation must establish the
following:
a
The presence/absence of acid sulfate soils over the
entire excavation area (ie through soil investigations);
b
The degree (ie concentration) of acid leachate
generating potential of soils;
c
The required soil dosage rates and quantity of lime
required to mitigate acid leachate; and
d
The potential impacts on surrounding environment
features.
Preparation of acid sulfate soil management plan
At the completion of the investigation required by the above
condition, an acid sulfate soil management plan (‘ASSMP’)
directed towards enabling works to be undertaken in a safe
and effective manner must be prepared in accordance with:
a
The Queensland Acid Sulfate Soil Technical Manual
Version 3.8 (November 2002, Dear et al); and
b
55
Conditions of this approval.
Compliance assessment of acid sulfate soil management
plan
The ASSMP is a document requiring compliance assessment
under the Sustainable Planning Act 2009. The details of the
acid sulfate soil investigation completed pursuant to
Condition 53 (including bore hole logs, laboratory results
and chain of custody documentations) must be submitted
with the ASSMP. A request for compliance assessment must
be made in accordance with the Sustainable Planning Act
2009 for a compliance certificate approving the document, in
accordance with the following:
Matters or things against which the document must be
assessed
x The planning scheme’s Changes to Ground Level and
Creation of New Waterbodies Specific Development
Code; and
x Planning Scheme Policy 14 – Management of Activities
Located Within Areas of Acid Sulfate Soils.
Compliance assessor:
Gold Coast City Council
Timing
As indicated within the
wording of the
condition.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
When the request for compliance assessment must be
made
Before a development application for operational work.
56
The acid sulfate soil management plan is not an approved
plan until a compliance certificate has been issued in respect
of it.
Compliance certificate with future operational work
development applications
A copy of the compliance certificate for the acid sulfate soil
management plan must be provided with any future
operational work development applications.
OPEN SPACE
57
Street trees within public road reserve
a
b
c
58
The applicant must install a total of 30 street trees (with
a minimum value of $15,000) within Cannes Avenue,
Genoa Street public road reserves generally in
accordance with the applicant’s report titled: Response
to Information Request (part 1 of 2- page 7), dated 2707-15, prepared by Place Design Group.
The final location and species shall be determined
through the assessment of the development application
for Operational Works (Public Landscape) required by
conditions of this approval.
All street trees required by conditions of this approval
must be shown and approved on the OPW public
landscape application and must be installed,
established and maintained in accordance with the
Gold Coast City Council’ s Planning Scheme Policy 11
– Land Development Guidelines, Policy 12 Landscape
Strategy Part 1 – Landscape Character: Guiding the
Image of the City and Policy 13 Landscape Strategy
Part 2 – Landscape Works Documentation Manual.
Detailed landscape plans for public road reserve
landscaping to be submitted for approval
a
b
c
The applicant must submit to Council for approval
detailed landscape plans, by making a development
application for operational work (public landscape
work).
Landscape works must not commence on the site until
Council has issued a development permit for
operational work (public landscape work), or unless
otherwise approved by a Council Officer from the Open
Space Assessment Branch.
Without limiting the requirements of the planning
scheme’s Landscape Work Specific Development
Code, the detailed landscape plan must:
i
be prepared by a qualified landscape architect or
Timing
As indicated in the
wording of the
condition.
Timing
Prior to any landscape
works occurring.
Compliance with (d) to
occur prior to the
commencement of the
use of the premises.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
similar landscape design professional;
ii
be in general accordance with
A
Statement of Landscape Intent, being
Landscape Statement of Intent – 14
Cannes Avenue, Surfers Paradise, dated
July 2015, Ref. No. 1515004, prepared by
Place Design Group; and
B
Response to Information Request (part 1 of
2- page 7), dated 27-07-15, prepared by
Place Design Group;
iii
reflect the approved layout (including any
amendments to that layout required by these
conditions) and the conditions of this approval;
iv
comply with Planning Scheme Policy 13 Landscape Strategy Part 2 - Landscape Works
Documentation Manual;
v
for works in the road reserve – comply with the
following requirements:
A
Trees must not be aligned with side
boundaries or where underground services
are located;
B
Tree planting must be set back a minimum
of one metre from the nominal kerb line;
C
Trees must be a single-trunked canopy
shade species able to attain a clear trunk
height of 1800 mm on maturity;
D
Trees must be kept a minimum distance of
two metres laterally from inlet gullies;
E
Trees must not be planted within twenty
metres of the approach side and six metres
of the departure side of intersections that
are not equipped with traffic signals;
F
All built structures associated with an entry
statement must be located within private
property. Planting associated with the entry
statement is acceptable in the road reserve
area only where it achieves the
requirements of Planning Scheme Policy 13
- Landscape Strategy Part 2 - Landscape
Works Documentation Manual and
Planning Scheme Policy 6: Entry
Statements; and
vi
for all public open space areas – comply with the
following requirements:
A
Compliance with Planning Scheme Policy
11 – Land Development Guidelines,
Standard Specifications and Drawings must
be demonstrated;
B
Details of all landscape works including
new planting, rehabilitation works, built
structures, stormwater treatment devices
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
and wetland areas must be provided;
C
All batters to public open space must be
constructed to a slope no steeper than 1:6;
D
All paved areas, including car park areas
and shelters, are to be designed to
accommodate disability access;
d
The landscape works must be constructed in
accordance with the approved landscape plan.
59
Preparation of maintenance management plan
a
b
c
d
60
A maintenance management plan (‘MMP’) of this
development approval must be prepared.
The MMP must be prepared by a suitably qualified
professional.
The MMP must be drafted in accordance with Council’s
Open Space Management Guideline: Guideline for the
preparation of Reports and Plans associated with the
dedication of Public Open Space (November 2007,
Version 1).
The MMP must be submitted and approved in
combination with the Operational Works (Public
Landscape) application.
‘Pre-start’ inspection required
The applicant must arrange and attend an on-site ‘Pre-start’
meeting with Council asset owners, Contributed Assets
personnel and development representatives. The applicant
must contact Council’s Contributed Assets Section (ph: (07)
5582 9034) to schedule the meeting.
61
Establishment period for public road reserve
landscaping
a
b
c
Upon completion of the landscape works in accordance
with the approved landscape plans, the applicant must
notify Council’s Contributed Assets Section (ph 5582
9034) for an on-site meeting, prior to acceptance by
Council of the commencement of the ‘Establishment
Period’.
The applicant is responsible for the establishment of all
living components of public road reserve landscaping,
to the satisfaction of the Chief Executive Officer, for the
duration of a six month ‘Establishment Period’, prior to
commencement of the ‘On Maintenance’ period, in
accordance with section 6 of Planning Scheme Policy
11 – Land Development Guidelines, Standard
Specifications and Drawings.
Without limiting the obligations under section 6 of the
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings the
applicant must, during the ‘Establishment Period’:
i
rectify any defects arising from substandard
workmanship;
Timing
To be submitted with
the OPW public
landscape application.
Timing
Prior to the
commencement of
approved landscape
works on site.
Timing
As indicated within the
wording of the
condition.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
ii
replace any planted vegetation of poor quality or
inappropriate species where used instead of
specified species; and
iii
maintain all components and their environs.
62
On Maintenance’ period for public road reserve planting
a
b
63
Upon satisfactory completion of the ‘Establishment’
period and Council notifying the applicant that the
public open space has been formally accepted as being
‘On Maintenance’ following an ‘On Maintenance’
inspection, the applicant is responsible for undertaking
a 12 month ‘On Maintenance’ period in accordance
with Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings.
Without limiting the obligations under section 6 of the
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings, the
applicant, and not Council, is responsible for:
i
Maintaining open space areas; and
ii
For the rectification of defects and any damage
that occurs, unless the damage is directly
attributable to Council activities.
Standard of works/embellishments within public road
reserve
Works undertaken and embellishments installed within public
road reserve must be in ‘as new’ condition or with signs of
depreciation limited to deterioration commensurate with
moderate use during the ‘On Maintenance’ period. The
condition of works and embellishments includes, but is not
limited to, elements of structural, functional and aesthetic
integrity.
64
As Constructed data to be submitted
The applicant must submit to Council the ‘As Constructed
Data’ in accordance with the requirements of the Planning
Scheme Policy 11 – Land Development Guidelines.
Timing
As indicated within the
wording of the
condition.
Timing
During the ‘On
Maintenance’ period
and ‘Off Maintenance’
inspection.
Timing
Prior to the acceptance
by Council of the
commencement of the
‘On Maintenance’
period.
CONSTRUCTION MANAGEMENT
65
Construction management plan
Part A Construction Management Requirements
a
b
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.
The construction management plan must address all
activities associated with construction (excluding noise
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
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
and dust issues), including but not limited to:
construction
management plan must
i
Vehicle access (including responsibility for
maintenance of the defined cartage route) during be complied with and
kept on-site at all times
hours of construction;
during construction
ii
Traffic management (including loading and
works.
unloading);
iii
Parking of vehicles (including on site employees
and delivery vehicles);
iv
Maintenance of safe pedestrian movement
across the site’s frontage/s (including by people
with disabilities);
v
Building waste / refuse disposal;
vi
Presentation of hoarding to the street;
vii
Tree management.
c
The construction management plan must demonstrate
that:
i
the general public will be adequately protected
from construction activities;
ii
the building site will be kept clean and tidy to
maintain public safety and amenity; and
iii
demand for occupation of the street and
protection of Council assets will be well managed.
d
The approved construction management plan must be
complied with and kept on-site at all times.
Part B Road/footpath Closure Requirements
Where as a result of construction work or activities it is
necessary to temporarily close a road/footpath under the
control of Council the following requirements will apply.
e
Where it is proposed to interfere with a road for any
building or construction work such as a gantry,
hoarding or skip bin, an application for temporary
closure of a Council controlled road must be submitted
to, and approved by, Council prior to the issue of any
development permit for the carrying out of building
work. Such application is to be lodged in conjunction
with an application for approval of a construction
management plan.
f
Where it is required to interfere with a road for any
building or construction related work for a period in
excess of two (2) weeks, a Road Closure Work Zone
permit is to be obtained from Council’s Traffic
Management and Operations Branch.
g
Where it is required to occupy any portion of the road
reserve in conjunction with building or construction
work, a permit to occupy is to be obtained from
Council’s Property Section.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
66
Noise management
a
b
c
d
67
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.
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.
The noise management plan must:
i
be prepared by a suitably qualified acoustic
engineer;
ii
provide details of expected noise sources;
iii
include an assessment of the predicted noise
levels from all proposed construction activities;
iv
identify the measures and work practices that will
be implemented to ensure that noise from
construction activities does not cause an
‘environmental nuisance’ (within the meaning of
that term set out in the Environmental Protection
Act 1994) at any sensitive receptor stated in
schedule 1 of the Environmental Protection
(Noise) Policy 2008;
v
identify the procedures to be adopted for
monitoring of noise emissions;
vi
provide details of complaint response procedures
that will be adopted;
vii
identify the procedures to be adopted for revision
and review of the noise management plan.
The approved noise management plan must be
complied with and kept on-site at all times.
Dust management
a
b
c
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.
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.
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
Timing
As indicated within the
wording of the
condition.
Timing
As indicated within the
wording of the
condition.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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.
d
The approved dust management plan must be
complied with and kept on-site at all times.
68
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.
69
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.
70
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.
Timing
At all times while works
are occurring.
Timing
At all times while works
are occurring.
PLUMBING AND DRAINAGE
71
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
Timing
Prior to works
occurring.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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.
72
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.
73
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 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.
Timing
Prior to works
occurring.
Timing
Prior to any on-site
sewerage works
occurring on site.
SEWERAGE
74
Sewer reticulation
a
The development must be connected to Council’s
Timing
Prior to commencement
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
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sewer reticulation system at no cost to Council.
of the use of the
premises.
b
The applicant is responsible for any external works
necessary to connect to Council’s live sewer
reticulation system.
c
The size of the sewer property service connection shall
be a minimum 150mm.
d
An operational works application is required for the
construction of the minimum 150mm sized house
connection and manhole within Cannes Avenue.
75
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).
76
Connection point
The existing 300mm main in Cannes Avenue must be used
as the connection point, unless otherwise approved by Gold
Coast Water.
77
Connections – arrangements with Gold Coast Water
All live connections to the existing sewer main or a manhole
(MH) are to be performed by Gold Coast Water at the
applicant’s cost. The applicant must liaise with Gold Coast
Water’s Asset Audit & Handover Section (phone 1300 694
222) to make arrangements for the connection.
78
Ownership and maintenance of sewerage infrastructure
All private sewerage infrastructure internal to this
development shall be owned and managed by the principal
body corporate/owners.
79
Redundant sewer infrastructure
a
b
80
Any redundant sewer property service connections
within the site or servicing the development must be
removed or sealed and capped as directed by Gold
Coast Water, at the applicant's cost.
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.
Operational work (works for infrastructure) application
required
The applicant must obtain a development permit for
operational work (works for infrastructure) for any works
(including augmentations) where the sewerage infrastructure
assets are to be owned and/or maintained by Council.
Timing
At all times.
Timing
Prior to commencement
of the use of the
premises.
Timing
Prior to connection to
existing infrastructure.
Timing
At all times.
Timing
Prior to the earlier of
acceptance of any
works ‘On Maintenance’
or commencement of
the use of the premises.
Timing
Prior to works
occurring.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
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WATER SUPPLY RETICULATION
81
Water supply reticulation (potable only)
a
The development must be connected to Council’s
potable water reticulation system at no cost to Council.
b
The applicant is responsible for any external works
necessary to connect to Council’s potable water
reticulation system.
Timing
Prior to commencement
of the use of the
premises.
82
Design, construction and standard of water supply
reticulation
Timing
At all times.
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).
83
Connection point
The existing 150mm main in Cannes Avenue must be used
as the potable water supply connection point, unless
otherwise approved by Gold Coast Water.
Timing
Prior to commencement
of the use of the
premises.
84
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 GCW to remove any redundant
water meters and/or services, at the applicant's cost.
Timing
Prior to the
commencement of use
of the premises.
85
Connections – arrangements with Gold Coast Water
Timing
Prior to connection to
existing infrastructure.
All live connections to the existing water main are to be at the
applicant’s cost. The applicant must liaise with Gold Coast
Water’s Asset Audit and Handover Section (phone 1300 694
222) to make arrangements for the connection.
86
Supply standard
The applicant must provide water supply to the standard
specified in Section 7 of Gold Coast City Council’s Land
Development Guidelines and Gold Coast Waters Network
Development and Connections Procedure.
Timing
At all times.
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ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
87
Individual sub-metering to be provided
The developer shall provide individual sub-metering for all
units within the complex including any common property, in
accordance with Sub-metering Policy dated 1 January 2008,
as follows unless otherwise approved by Gold Coast Water.
a
All meters and their locations shall be approved by
Plumbing and Drainage.
b
Automatic Meter Reading (AMR) technology shall be
utilised where free access for meter reading cannot be
provided.
c
For high-rise complexes, sub-meters shall be installed
in common areas such as stairwell landings or beside
the elevator shaft.
d
For high-rise developments, the developer shall furnish
the plumbing works, manifolds and the meter cabinets
in a way that the sub-meter and its respective unit
connection can be verified easily.
88
Fire loading
Fire loading must not exceed 15L/s for two (2) hours for
residential uses, unless otherwise approved by Gold Coast
Water.
89
Ownership and maintenance of water infrastructure
All private water infrastructure internal to this development
shall be owned and managed by the principal body
corporate/owners.
Timing
At the time of
lodgement of the
Plumbing and Drainage
application.
Timing
At all times.
Timing
At all times.
ADVISORY NOTES TO APPLICANT
B
Conditions contained within the Decision Notice
Where applicable, conditions of approval in this Decision Notice have a separate timing
component to clarify when compliance with the condition must be achieved. This timing
component forms part of the condition itself.
C
Properly made submissions
There were no properly made submissions about the application.
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.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
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
entitlements etc by whatever name called required by law before the development
the subject of this approval can be lawfully commenced and to carry out the
activity for its duration;
b
Providing any notifications required by law (by way of example only, to notify the
administering authority pursuant to the Environmental Protection Act 1994 of
environmental harm being caused/threatened by the activity, and upon becoming
aware the premises is being used for a ‘notifiable activity’);
c
Securing tenure/permission from the relevant owner to use private or public land
not owned by the applicant (including for access required by conditions of
approval);
d
Ensuring the correct siting of structures on the land. An identification survey
demonstrating correct siting and setbacks of structures may be requested of the
applicant to ensure compliance with this decision notice and applicable codes;
e
Providing Council with proof of payment of the Portable Long Service Leave
building construction levy (or proof of appropriate exemption) where the value of
the Operational Works exceeds $150,000. Acceptable proof of payment is a
Q.Leave – Notification and Payment Form approved by the Authority. Proof of
payment must be provided before Council can issue a development permit for the
Operational Works. This is a requirement of section 77(1) of the Building and
Construction Industry (Portable Long Service Leave) Act 1991; and
f
Making payment of any outstanding Council rates and charges applicable to the
development site prior to the lodgement of subdivision plans.
F
Maintenance Management Plan
a
The MMP is a separate application to be assessed alongside the Operational
Works (Public Landscape) application. Submission of the MMP requires the
applicant to fill out and submit an application form. A link to the MMP application
form can be found on the following City of Gold Coast link;
http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf.
b
Failure to submit this form with the MMP application will result in a not properly
made application and or additional charges. It is the applicant's responsibility to
inform Council that two applications are being submitted (Public Landscape and
MMP) and that two applications require processing by Council's contact officer.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
G
Indigenous cultural heritage legislation and duty of care requirement
The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department
of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA
establishes a duty of care to take all reasonable and practicable measures to ensure
any activity does not harm Aboriginal cultural heritage. This duty of care:
a
Is not negated by the issuing of this development approval;
b
Applies on all land and water, including freehold land;
c
Lies with the person or entity conducting an activity; and
d
If breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has
already occurred at the proposed site must observe this duty of care.
Details of how to fulfil this duty of care are outlined in the duty of care guidelines
gazetted with the AHCA.
The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07)
3405 3050 for further information on the responsibilities of developers under the AHCA.
H
Infrastructure charges
Infrastructure charges are now levied under a Charges Resolution by way of an
Infrastructure Charges Notice, which accompanies this decision notice.
I
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].
J
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.
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Adopted Report
ITEM 1 (CONTINUED)
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24
UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10
PN62857/01/DA2
K
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
Cr Bell voted in the negative.
Cr Taylor voted in the negative.
ADOPTED AT COUNCIL 20 OCTOBER 2015
RESOLUTION G15.1020.022
moved Cr Caldwell
seconded Cr Owen-Jones
That Committee Recommendation CP15.1014.001 be adopted as printed in the City
Planning Committee Report.
CARRIED UNANIMOUSLY
Cr Gates voted in the positive.
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ITEM 2
CITY DEVELOPMENT BRANCH
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Re er
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OVERVIEW
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Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Objections
Submissions
ot App
e
Key issues raised
by submitters
ot App
e
Referral agencies
er e
Officer's
recommendation
Support
ot App
e
Appro
REPORT STRUCTURE
R
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Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
e propo ed de e op e t
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APPLICATION INFORMATION
ot
Real property description
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Applicant
er
989
e tre
Owner at time of lodgement
re
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Current owner
re
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9
Site area
Date application received
8 Apr
Date entered decision
8
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4
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BACKGROUND
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p t to t e
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t
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o
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t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
e propo ed to er o t
•
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t
t
o
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o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Figure 1: Elevation of proposed development
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Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
6
SITE & ENVIRONMENT
6.1 Characteristics of site and surrounding environment
e te
e
de r ed
ot o R 989
d
re ppro
te
e te
o ted t
t e
r o pper oo er
t
e t
ed
9
r r re de t
d o de t re de t
re
e te
p rt
e red r e r r
re de t
ot t
det
ed d e
e t
o t e e ter port o o t e te
e te
r e
t re tree pre e t
doe t e
ed te rro d
re re t
er to
e r re de t
ot
e rro d
e t
ed det
er e
t
etre e t o t
t e propo
etre to t e e
re predo
t
o pr e r r re de t
ot to t e e t d re e t
ed d e
re de e to t e e t
e propo
o ted d e t to
o po d
e e re t re de t d e
o ted ppro
te
e te 8
e
o rt
e o e t de t ed o
t e t e e to
pper oo er
r
e r
e tre
o ted ppro
te
t
Figure 2: Proposed development location at 40 Jenkins Court, Upper Coomera
t
t
o
eet
o
ttee
to er
eet
to er
8
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Figure 3: Aerial image of proposal location with 150 metre radius highlighted
Figure 4: Proposal location viewed looking to the south-west
t
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eet
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ttee
to er
eet
to er
9
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Figure 5: View taken from Wagon Park
Figure 6: View of existing Energex substation taken from Alfa Drive looking south
t
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o
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ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Figure 7: View of existing Energex substation adjacent to proposed
facility
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Figure 8: Location of proposed telecommunications facility within tree line (existing Energex
substation monopole in the distance). Taken from existing dwelling located on the subject site.
7
PLANNING ASSESSMENT
e to
o t e Sustainable Planning Act 2009 de t e
t
e
e t
er
t o der
e
e
ode
e
e pp
to
re t e
e
e t
er
t
e t e p rt o t e pp
to
te
o t e o o
tter or
t
to t e e te t re e
t
ƒ t e t te p
re
tor pro o
e propo
o dered to
o p
t t e t te
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tor ro o
ƒ t e re o
ƒ
or
p
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A
e ode t
ƒ t te p
re e ted
e e
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ted re o
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e propo
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o p
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¾
or
t e o o
ode
A
ppropr te
p
or p
tr
A
e t
A
A
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
ter p
¾
A
¾ te por r
¾
o
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e to
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ƒ t e dopted r tr t re
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t e p rt o t e pp
to
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rd
to
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or
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ƒ
re err
e
ƒ t e p rpo e o
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e ode
7.1
r
re
re po
tr
e
Re er to
te
ee
e
d
e t
rro
d
ro
e t
t o or
e or t e pp
to
e t o t
A
Re er e o
Assessment against City Plan
t to t e t
t e propo
t
t eR r
to t eR r
o e
e p rpo e o t e R r
o e
d
to
pe
d
•
“provide for a wide range of rural uses including cropping, intensive horticulture,
intensive animal husbandry, animal keeping and other primary production activities;
•
provide opportunities for non-rural uses that are compatible with agriculture, the
environment, and the landscape character of the rural area, where they do not
compromise the long-term use of the land for rural purposes; and
•
protect or manage significant natural features, resources, and processes including the
capacity for primary production.”
der t e
t
t
t e propo ed
d
e
o d e de
ed
ee o
to
“Telecommunications Facility - Premises used for systems that carry communications and
signals by means of radio, including guided or unguided electromagnetic energy, whether
such facility is manned or remotely controlled.”
to
d
o d tr er p t
eo A e
e t
ro e t re
t
e
e t o er t
ter
eo
to
e t e
d e p r
e or R r
o e R r
d
t
pe
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
e
e t de e op e t pp
to
od ed t
o
o 8 Apr
d e tered
t e e o
er od o 8
e
e
e t o t e de e op e t
pp
to
ee
de
t t e rre t
e e e
t e
e e
or e t t e t e o t e e o
er od o
e
7.2
Assessment against Gold Coast Planning Scheme 2003
Place code
oo er
Are
o
Constraint code
re
Specific development code
ee o
to
t
pe
e e op e t ode
e e t Are
Relationship to the Coomera Local Area Plan
e
e t te
o ted t e R r
pe
Are
r
t to t e
e e t e propo ed
p
d
e re
e
de
t o t e oo er
ed
o
ee o
t
“The use of premises for a facility as defined in the Telecommunications Act 1997.”
to
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
ee o
to
t de
ed
t e ee o
to
A t 99
“Telecommunications facilities are the structures and equipment which make up a
telecommunications network. Telecommunications facilities as defined under the
Telecommunications Act 1997 include mobile phone transmission towers, masts, antennae
and underground and overhead cables.”
tr
er
ode
e
e tp r
t to t
e o de e op e t A
ter
eo
e
e
te t t te e t or t e
oo er
o
Are
re d
“The purpose of this Local Area Plan (LAP) is to provide detailed planning provisions for the
future development of Coomera. The LAP has an area of approximately 5,000 hectares. This
LAP incorporates the outcomes of the Coomera Charrette Planning Study (1995). By utilising
these two studies, the special location of Coomera on the City Rail service and the
opportunities to maximise use of public transport are recognised. The Coomera LAP
recognises the requirements of a future community, in excess of 60,000 people, and
provides a balance of living, working and recreational land uses.”
e
te t t te e t or t e R r
pe
p
e re
t re d
“To provide for rural style residential development and also to provide for the effective
servicing of current and future needs for recreational land within the Coomera LAP area.
Further, to contribute to the open space network within the Coomera area for landscape and
habitat protection purposes.
5.9.1 Development Character
Within the LAP area, the likely requirements for recreation facilities (for a population in
excess of 60,000 people) are:
•
four district level outdoor sports areas up to ten hectares in size, each area catering to a
population of 10,000 - 15,000 people;
• four district level passive recreational areas, up to five hectares in size;
• three community/neighbourhood centres:
• one of which could be a major community centre, located in the town centre; and
• two smaller neighbourhood centres, one on either side of the motorway;
• an indoor, multi-purpose recreation/sporting centre; and
• neighbourhood and local parks, including children's playgrounds in each neighbourhood.
(a) Location Criteria for District Level/Major Facilities In the Coomera LAP, the criteria for
location of these facilities are to:
•
•
•
•
•
•
•
be easily accessible to public and private transport;
locate adjacent to main transport thoroughfares;
co-locate with other community facilities e.g. schools, shopping centres, recreation
facilities, etc;
locate centrally in the catchment – within a five kilometre radius of the majority of
potential users of the facilities;
have direct road frontage (approximately 50% of the perimeter), to provide good physical
access and visibility;
allow for all built facilities to be located above the Q100 flood level; and
be accessible to services and facilities, including infrastructure services.
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
(b) Location Criteria for Local/Neighbourhood Facilities in the Coomera LAP, the criteria for
location of these facilities are to:
• be within walking distance of potential users (say, 400 metres);
• be sited along minor roads;
• have direct road frontage (up to 50% of perimeter for access and visibility); and
• be accessible to services and facilities, including infrastructure services.”
Officer comments:
e de e op e t
o
t e o o
ro d
•
e
pro d
•
e
t
dered to o p
pro de
oo
te
o e et t o
•
o dto
e t
er e
to e re o ed
re re o
te t o t e
oo er
o
Are
er e to t e re
d eet t e eed or etter o
e e t to t e ro der rre t d t re o
t
t doe ot detr
po t o ed d e t to
o er e d po er e
•
t t e
p
t po
t to
d
pe
r
de
ter
t e
to er
e
o
e o er
t
e
to e
d
e ded to e
re t
t
p
t
re
Compliance with the Coomera Local Area Plan Place Code
o p e
t
o t e p e ode
ept e o t o
e propo
r ter
d per or
e
Compliance with the Telecommunications Facility Specific Development Code
e propo ed de e op e t
de e op e t ode
• ee o
to
e propo
o p e
t
per or
e r ter e ept
re
t
red to de o
pe
tr te o p
e e op e t
o t e pe
o o
e
t t e o o
pe
ode
de e op e t ode
ept
e o to
d
Telecommunications Facility Specific Development Code
Performance criteria
Acceptable solution
AS3.1.1
PC3
A
ree t
d
d
to er tr t re
d
d
e p e t e ter
o
o ted
residential area
o
te t t t e
r ter o t e o
d pro de
e tr t re
eet
t e
re red
d o d
e
eer
ert
to
t
d
re
re
e ree t d
t
e to er
ted
residential area d
e o opo e t
e to
etre
o ted e d r e
ord
e
t
p to
e t
d
et
t d rd
o ore t
tt
ed
t e to t e
po e o pr
ro po r t pe
e
te
ot e eed
8 etre
e t
d r
r d e or dr
te
ot
e eed
d
eter
o
t
t
o
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
Applicant’s justification:
“Although the site is located in the Rural Living/open Space zone, the proposed facility is to
be located as far as possible from the surrounding residential uses. The proposed monopole
has been designed to the minimum height necessary to link the facility to the Vodafone
network and avoid physical obstructions such as trees, buildings and hills. This is necessary
to achieve adequate radio frequency coverage to the target area.”
Officer’s comments:
At o
t e propo
e eed t e te ded tr t re e t
e e
r to
t te et or o er e or t e re
e t r
to er o p ed t t e t r topo r p o t e
d de t
ed te re
e te pote t o o
e t o t e e r
etre t
e t
ed o o r o t e
e et t o
t
t e
re de t
ot e t
rt er ore t e
t
po t o ed e t to
er e
t to
e t
o o po e
d o er e d po er e
e
re t e
o pro
et ee t
r ter t
o
epted t t t e
t
ert ed
ed ro e o
eer d e
ord
e t
A tr
t d rd
d
t d rd re red or
d o d
A
ord
t e propo
t
e
er or
e
e de
re e
ed
d
t
r ter
Performance criteria
Acceptable solution
PC8
AS8.1.2
A
e
t t
o er
ee o
to
d ro d
t
te
d tr t re
t e de
ed
d o ted t d t
e ro t e propert
ro t e d t e de d re r o d r e
t
e r ep r t o ro
e
o r
propert e
d ro t e to
ro d
de
ot
t
t
ree t
ot tt
ed to
e t et ee
et
o
d
e to er
d
etre
d
d
d
etre
AS8.2
e
t
d tr
t re
re et
o
do
etre ro
re de t
etre
e
o
ro
e
ted
t
o d r o
propert
p
ootp t or
t e ootp t or
e
etre o p
ro d
Applicant’s justification:
“A detailed scope of the area was completed and concluded that there were no suitable colocation opportunities available.”
Officer’s comments:
o
o er e e e t t t e d ere t t o o e t et ee t e
e t te
re de t propert e to t e e t
t
e r ep r t o o t e e e o
t
rt er ore t e e et ted r d e e d d e t er e
t to
pro de
e r ep r t o et ee t e o opo e d re de t
ot e t
d
to
rt er
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
At o
t e propo
o e
red ed et
o
propert t e t r topo r p o t e
d de t
re de t
re red e
d er e
e t re ted
A
8
t
o
dered t
etre to t e o e t re de t
e et t o
t
t e
ed te
p t
t t e propo ed de e op e t o p e
Performance criteria
t
er or
e
r ter
Acceptable solution
AS15
e
t
o o ted t t o or ore
er e pro der or te e o
to
rr er o
e t
te
d t e tr t re
d
t e do ot e t e
p t po
t e
r ter o t e o
re
PC15
A
te
t e o o ted
ere
re o
e t
ot er e e o
to
d or
ro d
t
te
e t
d
d tr t re
Applicant’s justification:
“In accordance with the site selection process outlined in planning report, several sites were
investigated including co-location opportunities. In this instance co-location was not an option
and the subject site was selected for the proposal in order to provide the necessary
infrastructure. The facility will provide infrastructure for carriers to co-locate on in the future.”
Officer’s comments:
o
ppro
A
o
er
e
ord
o
r t t e pp
ded to e
re o o
t e propo
t
e
t o
e t
t
t o opt o e t
er or
e
re o
e ded t
t
o dto o
r ter
Compliance with the relevant constraint codes and overlay
e propo ed de e op e t re
ept e o t o
d er or
A
•
re
red to de o tr te o p
e r ter o t e o o
e
o
tr
t t e pp
t ode
e e t Are
e propo ed de e op e t
o dered to o p
t o tr t ode
ept
o to
d per or
e r ter
ere re red
t e o dto
e ee
t e o er re o
e d t o to e
re t e de e op e t o o
o p
e
ode
10
r
t
e
SOUTH EAST QUEENSLAND REGIONAL PLAN
t to t e o t
t
ee
d Re o
t e r
ootpr t
9 t e
e t
RELEVANT INTERNAL REFERRALS
e
e t pp
to
de
e or re err to repre e t t e
dep rt e t t ro
t e e e op e t A e
e t Re e
e
AR
te
e
ded
t t
o t
11
ro t e o o
pro e o
ed
t
o
eet
o
ttee
t
to er
eet
8
Adopted Report
to er
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
List of available referrals for reference
e t
r
d Re
port A
d
e
er
e
per t o
e t
o
pe
eA
e
d
e t
t
ter
t
r
tr
t re
d
ro
t
re
d
o
ro
d
e t
e
eet
d Re
e
e
t
e
pe A
e
d
e
re
e t
ter
eote
r
A
ter
Ar or t
te t
od
or
dr
eer
p
Ar
tor
eer
o
e t
t e pp
to
11.7 City Infrastructure
t d rd o d t o o ppro
dr e
re erred to pp
e re err
d
ed e o
e ee pro ded
re t o to e
r ro
e ee pro ded
re t o to e et t o re o
d
11.13 Arborist
t
d rd o d t o
12
o
ppro
EXTERNAL REFERRALS
12.2 Advice agencies - Energex
e pp
13
tr
t re
r e
re ot pp
eA e
e t to t e
e r re po e d ted
o o
o dto
e to t
pp
to
PUBLIC NOTIFICATION
A t e propo
e t to ode A
t e Sustainable Planning Act 2009.
15
Ad
DEVELOPMENT INFRASTRUCTURE
r
14
to
re erred to t e
er e
pro ded re o
e d t o o ppro
e
e t
ot
to
ot e re
red
der
ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL
ot pp
e
16 CONCLUSION
A
e
e t o t e pp
to
deter
ed t e propo
e er
o p e
er or
e r ter o t e pp
e ode
dt t
ppropr te o t o e
e ed or t e te
ere re red o d t o
e ee
ded t e
er
re o
e d t o to e
re o p
e t t e re e
t er or
e r ter
t t ere ore re o
e ded t t t e pp
re o
e d re e
t o dto
to
e ppro ed
e t to t e
t t e
e
po t o o
t
o
eet
o
ttee
t
to er
eet
9
Adopted Report
to er
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
17
NOTIFICATIONS
ot pp
18
e
RECOMMENDATION
It is recommended Council of the City of Gold Coast (Council) resolves that:
ot
Real property description
o R
e
989
pper
oo er
e e op e t er t or
ode A e
e t or
ter
ee o
Address of property
o rt
9
Area of property
Decision type
Further development permits
per t o
or
d
or
Further compliance permits
A
Compliance assessment required
for documents or works
A
e et t o
eo
to
e
e e t
NATURE OF DECISION
A
o
ee o
ppro e t e
to
eo
t
de e op e t per
e t to t e o o
t or
ter
o dto
eo
e or
APPROVED DRAWINGS
1
Development to be generally in accordance with specified plans/drawings
p
e de e op e t
t e
dr
ted e o
ot e
Plan No.
rr ed o t e er
ord
e
t ped d ret r ed to t e pp
Rev.
Title
t t e ppro ed
t t t
de o
Date
Author
9
A
te
er
e tre
9
A
te eto t
er
e tre
9
A
o t
e ter
e to
er
e tre
9
A
er
e tre
A te
e
A
re
t
t
t
o
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
2
Changes requiring further approval
e to t e ppro ed de
t t re ot e er
ord
e t t e ppro ed p
dr
re re ppro
ord
e t t e Sustainable Planning Act 2009 e ept
o o
ere
e to t e
o p
t
ed
e t e
er or
t o d t o or error
e
e
d o rt er ppro
re red
Timing
At
t e
ppro ed de
re dert e to
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e
repre e t t e e
eo o
te or
or o
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epted
e
per
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e
ro t e
e
e t
er
e
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 op o t
de o ot e d
o p
t ped
ppro ed p
dr
t e
tted t
d
de e op e t pp
t o or oper t o
or
pp
to
re t
to or r
ro t
de e op e t ppro
4
Decision notice and approved plans/drawings to be
retained on site
A op o t
de o ot e d t ped ppro ed
p
dr
t e ret ed o
te t
t e
de o ot e
t e re d
o
to
t t e t
ppro ed p
to e
re o
te
o tr t o
e t
e t d
te
e o ppro ed or
5
Timing
A
d ted t
t e ord
o t e
o dto
Timing
At
t e
ped
Notice of works timetable
e pp
t
t
e o
r tte ot e o t e o o
App
to
er
te ddre
e d te ep o e
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d
or
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e
e propo ed t et e
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e e e t d r to
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o p et o d te
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A ter
e
o p et o o
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pe
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or o
to
dto
t e t
pr or
e to
te
t
o
t
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
e ot
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8 8 8 or
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or
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to
t
AMENITY
6
No nuisance from lighting
A
t
de e
t e po t o ed o t e pre
e ded to t e t
to o t e
e
e t e
ot to
e
re or ot er
e to rro d
d otor t
7
Timing
At
t e
e
d
er o
re de t
Fencing
e ee o
de
t e or
to
o
t
e
Timing
At
t e
t e e ed o
e t o o t to o
TELECOMMUNICATIONS
8
Tower and equipment shelter to be painted green
e te e o
t o to er
re
re o o r
per t
tor
dt ee
e p ted ree
t o o t to o
t
to o t e
e
e t e
er.
9
t r
t
p e t e ter
d to t e
Facility to provide co-location opportunity
e pp
t
te
re t t t e te e o
to
pro de t e opport t or o o t o o ot er er e
pro der or te e o
to
rr er t o o t to o
t
Timing
r or to
o
e e e to
e d
t ed
t
t e
Timing
At
t e
CONSTRUCTION MANAGEMENT
10
Transport of soil/fill/excavated material
r
t e tr
port t o o o
ter
A tr
o or
e t e r o d e re
A
p
et t
ro
t e o e ted d re
o
t e tr
tr
r or to e
e e t
t
t e to re o e o ro
pre e t o
d
d e
d ot er
e
e
ted
ter
d o ered
t e tr
or t e r
o ed ro t e te
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re
t e
ee o t e e
depo ted o p
Timing
At
t e
or
re o
ted
t
ee
d treet
d
t e
e to
ro d
e
rr
or
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
11
Workplace health and safety
e Workplace Health and Safety Act 2011 d A
Manual of Uniform Traffic Control Devices
t e o p ed
t
rr
o t t e or
d
e
r
e tr
o tro
d
ep
e
re pe t o or
e
o d ted o
ro d
12
Public safety to be ensured
e pp
t
t t o o t to o
o
e
e
rd
d ro d t
dert e
d
t ed t
t e
t ep
e
rd
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t
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de
r
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re t e
et o
t re ot
ted to
rd e
d
o or
d
t
Timing
At
t e
or
re o
e
rr
Timing
At
t e
or
re o
e
rr
VEGETATION MANAGEMENT
13
Vegetation works OPW application required
ppro
doe ot ppro e e et t o
e r
or
d
e A de e op e t pp
t o or oper t o
or
e et t o
or
t e
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o
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or propo
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rote ted
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propo ed to
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or t
o d t o Protected Vegetation
de ed
e et t o t t
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to or e e o
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or e et
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e
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to
or
to
t
o
eet
o
ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
ADVISORY NOTES TO APPLICANT
B
Re err
A
e
e
e re err
e
re err
e
e
d t e r ddre
o dto
Referral agency
or t e pp
re de t ed
to
o
ted e o
ppro
Jurisdiction
o
r
re
t e o dto
Address
er e
C
e
o
t o pro
t to
e
t to
er e
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e pp
t
de o p r
t e to
tt
t
t
r
t o ppe
t to e t o
ed to t e de
to t e
d
ro e t o rt re rd
o t e Sustainable Planning Act 2009 A op o
o ot e
or p rt
r
ter
e o
e
ppe
o e
de to
d
e e op e t o
ttee
e e re er to t e prere
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t e
t
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9 tt
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de o ot e to deter
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Applicant responsibilities
e pp
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t
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t
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to ot t e
t to t e Environmental Protection Act 1994 o
ed t re te ed
t e t t
d po e o
ed or
ot
e t t
t e re e
d
or
t o er to e pr te or p
e re red
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d A de t
to
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er e
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or proo o ppropr te e e pt o
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to
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t e A t or t
e e
e
eo
t
roo o
t
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eet
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ttee
t
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
p
e t
t e pro ded e ore o
e de e op e t per t or t e
per t o
or
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o t e Building and
Construction Industry (Portable Long Service Leave) Act 1991; and
p
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r te
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e Aboriginal Cultural Heritage Act 2003 AHCA
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ret
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e
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ret
t o et or
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8 8 98 or
o o ee e
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Author:
A
e
Authorised by:
t o
e or o
A
er
A t
re tor
d
ro
e t
e
t
o
t
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
COMMITTEE RECOMMENDATION
CP15.1014.002
moved Cr Robbins seconded Cr Owen-Jones
That Council resolves as follows:
Real property description
Lot 2 on RP198902
Address of property
40 Jenkins Court, Upper Coomera
Area of property
60,950m2
Decision type
Development Permit for a Material Change of Use
(Code Assessment) for a Telecommunication Facility
Further development permits
Operational Works (Vegetation Management),
Building Works
Further compliance permits
N/A
Compliance assessment required
for documents or works
N/A
NATURE OF DECISION
A
Council approves the issue of a development permit for material change of use for
Telecommunications Facility, subject to the following conditions:
APPROVED DRAWINGS
1
Development to be generally in accordance with specified plans/drawings
The development must be carried out generally in accordance with the approved
plans/drawings listed below, stamped and returned to the applicant with this decision
notice.
Plan No.
Rev.
Title
Date
Author
440096-G1
A
Site Plan
03.12.14
Service Stream
440096-G2
A
Site Setout Plan
03.12.14
Service Stream
440096-G3
A
South Western
Elevation
03.12.14
Service Stream
440096-G4
A
Antenna & Ancillaries
Table
03.12.14
Service Stream
t
t
o
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
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:
Timing
At all times.
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 insitu 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 or operational works application
relating to or arising from this development approval.
4
Decision notice and approved plans/drawings to be
retained on site
Timing
As indicated within
the wording of the
condition.
Timing
At all times.
A copy of this decision notice and stamped approved
plans/drawings must be retained on site at all times. This
decision notice must be read in conjunction with the stamped
approved plans to ensure consistency in construction,
establishment and maintenance of approved works.
5
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.
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.
t
o
t
eet
o
ttee
to er
eet
to er
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
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.
AMENITY
6
No nuisance from lighting
All lighting devices must be positioned on the premises and
shielded to the satisfaction of the Chief Executive Officer so as
not to cause glare or other nuisance to surrounding residents
and motorists.
7
Fencing
The Telecommunications Facility must be fenced along all
sides, in the form of a chain-link fence at no cost to Council.
Timing
At all times.
Timing
At all times.
TELECOMMUNICATIONS
8
Tower and equipment shelter to be painted green
The telecommunications tower shall remain in a natural light
grey colour as per its factory finish and the equipment shelter
shall be painted green, at no cost to Council and to the
satisfaction of the Chief Executive Officer.
9
Facility to provide co-location opportunity
The applicant must ensure that the telecommunications facility
provides the opportunity for co-location of other service
providers or telecommunication carriers at no cost to Council.
Timing
Prior to
commencement of
use and maintained
at all times.
Timing
At all times.
CONSTRUCTION MANAGEMENT
10
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.
t
t
o
eet
o
ttee
to er
eet
to er
8
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
11
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.
12
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
At all times while
works are occurring.
Timing
At all times while
works are occurring.
VEGETATION MANAGEMENT
13
Vegetation works OPW application required
This approval does not approve vegetation clearing or
damage. A development application for operational work
(vegetation works) must be made to and approved by Council
for any works proposing clearing or damage to any Protected
Vegetation. The application must be accompanied by a copy of
each of the following plans (and, where a plan has already
been approved, that plan must be accompanied by the
corresponding approval documentation (ie. decision notice or
letter of approval)):
a
The approved MCU layout plan.
b
Plans clearly identifying which vegetation is proposed to
be removed and which vegetation is proposed to be
retained.
For this condition ‘Protected Vegetation’ is defined as
vegetation that is:
x equal to, or in excess of, 40 centimetres in girth
(circumference) measured at 1.3 metres above average
ground level irrespective of the domain or LAP; or
x equal to, or in excess of, four metres in height in the Rural,
Park Living or Emerging Communities Domains, Burleigh
Ridge LAP, Coomera LAP (Precincts 7, 9 and 10),
Coomera Town Centre (Precincts 8, 10 and 11), Currumbin
Hill LAP, Eagleby LAP (Precinct 6), East
Coomera/Yawalpah Conservation LAP, Guragunbah LAP,
Hope Island LAP (Precinct 3), Mudgeeraba Village LAP,
Nerang LAP (Precincts 9 and 10), South Stradbroke LAP,
Uplands Dr and Woodlands Way LAP, West Burleigh
Township LAP or Yatala Enterprise Area LAP.
Timing
Prior to the
commencement of
any operational works
for vegetation
clearing.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
159
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
ADVISORY NOTES TO APPLICANT
B
Referral agencies
The referral agencies (and their addresses) for the application are listed below.
Any referral agency conditions are identified in the conditions of approval.
Referral agency
Energex
Address
GPO Box 1461
Brisbane QLD 4001
C
Jurisdiction
Location proximity to Energex
substation.
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
entitlements etc by whatever name called required by law before the
development the subject of this approval can be lawfully commenced and to carry
out the activity for its duration;
b
Providing any notifications required by law (by way of example only, to notify the
administering authority pursuant to the Environmental Protection Act 1994 of
environmental harm being caused/threatened by the activity, and upon becoming
aware the premises is being used for a ‘notifiable activity’);
c
Securing tenure/permission from the relevant owner to use private or public land
not owned by the applicant (including for access required by conditions of
approval);
d
Ensuring the correct siting of structures on the land. An identification survey
demonstrating correct siting and setbacks of structures may be requested of the
applicant to ensure compliance with this decision notice and applicable codes;
e
Providing Council with proof of payment of the Portable Long Service Leave
building construction levy (or proof of appropriate exemption) where the value of
the Operational Works exceeds $80,000. Acceptable proof of payment is a
Q.Leave – Notification and Payment Form approved by the Authority. Proof of
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
160
Adopted Report
ITEM 2 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE)
FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT,
UPPER COOMERA – DIVISION 1
PN149285/01/DA1
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
E
Making payment of any outstanding Council rates and charges applicable to the
development site prior to the lodgement of subdivision plans.
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].
CARRIED
Cr Gates voted in the negative.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
$77$&+0(17
161
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
$77$&+0(17SDJHRI
162
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
16
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
164
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
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Adopted Report
706th Council Meeting 20 October 2015
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Attachment 2
page 1 o 2
166
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
167
Adopted Report
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
16
Adopted Report
ITEM 3
CITY DEVELOPMENT BRANCH
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT)
FOR A CHILDCARE CENTRE - LOT 12 ON RP87176 AND LOT 13 ON RP87176 - 92
SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Re er 1 page attachment
1
OVERVIEW
Site address
92 latyer A enue
undall
Application
description
e elopment Permit or Material Change o
or a Child Care Centre
e mpact A
e
ment
Decision due date 1
Proposal
eptember 2015
he propo al i to e tabli h a Childcare Centre on a 1022m2 acant
ite compri ing the ollo ing element
• A ne t o 2 torey building compri ing reception area ta
acilitie and three
acti ity room
ith a combined area o
210 7m2
• 45 children bet een the age o i 6 ee to i 6 year old
and a total o i 6 ta
•
ehicular acce
ia a ingle entry and e it dri e ay
• 15 car par ing pace including one 1 di abled and i 6
dedicated to ta
•
our o operation bet een 7 00am to 6 00pm Monday to riday
•
ternal play pace 245m2 ground loor 72m2 ir t loor and
• Acou tic ence 2 5 metre in height along the outh and ea t
boundarie top 700mm to be tran parent
Issue
i ual amenity re ulting rom
acou tic ence
Main
Issues/Resolution
Operational noi e
Objections
Submissions
72 properly made ob ection
4 not properly made ob ection
Resolution
Acceptable Outcome
demon trated
Condition re uiring ence to be
con tructed ith a mi ture o
material and te ture
hich ill
include tran parent material
being u ed or all ection abo e
1 metre in height to reduce the
impact o the height o the ence
Acceptable Outcome
demon trated
Condition re uiring acou tic
encing play area acing latyer
A enue hour o operation
dri e ay and car par con tructed
ith anti ueal treatment
Support
0 properly made in upport
54 not properly made in upport
Key issues raised
by submitters
ra ic generation amenity noi e out o character or the area
Referral agencies
ot applicable
Officer's
recommendation
Appro al
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
169
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
REPORT STRUCTURE
1
O
R
2
C
MMAR
APP CA O
4
5
AC
RO
PROPO A
6
7
RO M
6 1 Characteri tic o
ite
6 2 Characteri tic o
urrounding en ironment
P A
11
A
e
ment again t dra t City Plan
72 A
e
ment again t
P A
PO C
A
P A
R
O
A
R
A OR PRO
A
A
R
R A R
RRA
ealth and Regulatory er ice
11 2
ran port A
11
ubdi i ion ngineering
e
ment
Architect
old Coa t
ater
11 7
City n ra tructure
11
Plumbing and
11 11
rainage
ydraulic and
11 1
ater
uality
Arbori t
11 14
1
and cape A
OPM
14
P
C
15
A
16
CO C
O
M
O
O
O A P A
11 1
11 6
1
old Coa t Planning cheme 200
A
11 5
17
M
71 A
9
10
ORMA O
RA
e
ment
R C
R
CA O
O O
RA P C
O
PROPO A
O
CA O
R COMM
A O
2
EXECUTIVE SUMMARY
he propo al i to e tabli h a Childcare Centre Pur uant to Our Living City’ old Coa t
Planning cheme 200 Planning cheme the ite i located ithin the etached
elling
omain n accordance ith able o e elopment A or the etached
elling omain a
Childcare Centre i li ted a an mpact A e able land u e
he application ha been a e ed again t the etached
elling omain Place Code the
Childcare Centre peci ic e elopment Code and the rele ant Con traint Code
he
de elopment application re uire the con ideration o alternati e olution in relation to
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
170
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
etbac
amenity and pro imity to urban acilitie O icer con ider that the e i ue ha e
been re ol ed ia the u ti ication pre ented ithin the report and through the impo ition o
appropriate condition
n re pon e to public noti ication 72 properly made and our 4 not properly made
ubmi ion
ere recei ed ob ecting to the de elopment Additionally 54 not properly made
ubmi ion
ere recei ed in upport o the de elopment he main point o ob ection
relate to character tra ic impact amenity concern health and a ety concern and
building etbac
he ubmitter concern ha e been addre ed ithin thi report ho e er
O icer con ider the e concern do not arrant re u al o the application
A ter a detailed a e ment o the ubmitted material it i con idered by O icer that the
alternati e olution pro ided are acceptable and that the propo ed de elopment complie
ith the intent o the etached
elling omain and the rele ant code o the old Coa t
Planning cheme O icer con ider the propo ed de elopment pro ide a community
unction upporting both the ider re idential catchment and non re idential u e in the
locality and i o a cale and de ign uitable or the local uburban character
t i there ore recommended that the application be appro ed ub ect to the impo ition o
rea onable and rele ant condition
3
APPLICATION INFORMATION
Real property description
ot 12 on RP 7176
ot 1 on RP 7176
Applicant
lac
Owner at time of lodgement
eng yi Chang
Chun
am Pang
Current owner
eng yi Chang
Chun
am Pang
n Architecture
2
Site area
1022m combined ite area
ot 12 on RP 7176 516m2 ot 1 on RP 7176 506m2
Date application received
2 April 2015
Date entered decision
2
uly 2015
Domain
etached
elling
omain
LAP & precinct
ot applicable
Draft City Plan
o
State planning policies
ot applicable
Decision type
e elopment Permit or Material Change o
e
mpact A e ment or a Child Care Centre
en ity Re idential one
4
BACKGROUND
ot applicable
5
PROPOSAL
he propo al i to e tabli h a Childcare Centre a de cribed belo
uilt orm
A t o 2 torey building ith a ootprint o 210m2 repre enting a ite co erage o 1 6
ill
be con tructed he building ill incorporate a mi ture o material uch a metal dec
roo ing hori ontal eatherboard and creening element to balconie a ho n on igure
1
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
171
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Figure 1 Perspective viewing south west
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
172
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
loor plan
he ground loor ill include a reception area itchen toilet laundry acti ity room
and
C and a 245m2 e ternal play pace ronting latyer A enue Mean hile the ir t loor ill
include acti ity room A ta room toilet di cu ion pace and a 72m2 e ternal play pace
located on the balcony ronting latyer A enue a ho n on igure 2 and igure
Figure 2 Ground floor plan
Figure 3 First floor plan
etbac
he building ill be etbac a minimum o i 6 metre rom the latyer A enue boundary
our 4 metre rom the Poinciana Cre cent boundary 11 metre rom the ea tern ide
boundary and 14 metre rom the outhern ide boundary
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
17
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
hade ail a ociated ith the outdoor play area are propo ed to be built to the north ea t
and e tern boundary Additionally a torage hed i propo ed to be built to the ea tern
boundary bet een the car par ing area and outdoor play area
urthermore the carpar
ill be con tructed one 1 metre rom the ea tern and outhern
ide boundarie to allo or land cape planting
ehicular acce
and car par ing
ehicular acce
ill occur ia a ingle entry and e it dri e ay he ehicular cro o er
po ition ill be appro imately 25 metre rom latyer A enue and located mid ay bet een
latyer A enue and eeb treet A total o 15 car par ing pace
ill be pro ided o hich
i 6 are dedicated to ta ad acent to the ea tern boundary Mean hile the ma ority o
i itor car par ing i pro ided appro imately 7 metre rom the outhern ide boundary a
ho n on igure 4
Figure 4 Site plan of proposed development
Acou tic encing
A 2 5 metre acou tic ence ill be con tructed or the length o the outhern and ea tern ide
boundarie A illu trated in igure 5 belo
ection belo 1 metre
ill be con tructed
ith a mi ture o te ture material and colour hil t ection abo e 1 metre
ill be
con tructed ith tran parent material
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
174
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Figure 5 Example of fence design proposed for 2.5 boundary acoustic fence
and caping
and caping i pro ided in the orm o nati e hrub ground co er and tree o di ering
height along the property boundarie and at the perimeter o the car par ing area a ho n
on igure 6
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
175
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Re u e
A creened re u e torage area ad oin the ea tern acade o the building and i located
appro imately 12 metre rom the ea tern ide boundary
a te collection ill utili e the
e i ting Council collection er ice
ith heelie bin being placed at the erb or collection
on the de ignated day
6
SITE & ENVIRONMENT
6.1 Characteristics of site
he ub ect ite i located o er t o 2 lot at 92 latyer A enue undall properly de cribed
a ot 12 on RP 7176 and ot 1 on RP 7176 ith a combined ite area o 1 022m2
Figure 6 Photo of site taken prior to the removal of the house and vegetation
he ite i
uare in con iguration ith a relati ely lat topography t ha a primary treet
rontage to latyer A enue o appro imately 4 metre and a econdary treet rontage to
Poinciana Cre cent o appro imately 0 metre
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
176
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Figure 7 Photo of Slatyer Avenue frontage
he ite i currently acant ollo ing the demolition o an older tyle ingle torey etached
elling
20150911
o ea ement encumber the ite and ater e er torm ater
electrical and telecommunication in ra tructure i readily a ailable
6.2 Characteristics of surrounding environment
he ite i located along latyer A enue hich i a di tributer road er ed to carry lo
o
tra ic bet een acti ity centre
he immediate area i characteri ed by lo to medium
den ity re idential de elopment ithin clo e pro imity o neighbourhood and community
acilitie including the outhport ol Club directly oppo ite
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
177
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Figure 8 Aerial photo of site and surrounding environment
7
PLANNING ASSESSMENT
ection 14 o the Sustainable Planning Act 2009 identi ie
hat an a e ment manager
mu t con ider hen a e ing an impact a e able application n brie the a e ment
manager mu t a e the part o the application again t each o the ollo ing matter or
thing to the e tent rele ant
ƒ the tate planning regulatory pro i ion
he propo al i con idered to
comply ith the tate Planning
Regulatory Pro i ion
ƒ the regional plan or a de ignated region
he ub ect ite i located ithin
the rban ootprint o the
outhea t ueen land Regional
Plan
ƒ tate planning policie unle appropriately
ot applicable
re lected in any rele ant regional plan or planning
cheme
ƒ a tructure plan
ot applicable
ƒ or de elopment in a declared ma ter planned
ot applicable
area all ma ter plan or the area
ƒ a temporary local planning in trument
ot applicable
ƒ an earlier preliminary appro al to hich ection
ot applicable
242 applie
ƒ a planning cheme
ee di cu ion herein
ƒ the in ra tructure charge re olution or the priority
ee di cu ion herein
in ra tructure plan
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
17
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
n addition the a
to
e
ment manager mu t a
e
the part o the application ha ing regard
• the common material
ee di cu
• any de elopment appro al or and any la ul u e o
premi e the ub ect o the application or ad acent
premi e
ee
• any re erral agency
ot applicable
re pon e or the application
ion herein
ite and n ironment
7.1 Assessment against draft City Plan
Pur uant to the dra t City Plan the ub ect ite i located ithin the o
en ity Re idential
one n accordance ith able 5 5 1 Material Change o
e
o
en ity Re idential
one here not in a precinct a Child Care Centre i li ted a mpact A e able
de elopment
he ub ect de elopment application a lodged ith Council on 0 April 2015 and entered
the eci ion Ma ing Period on 2 uly 2015 A uch the a e ment o the de elopment
application ha been made again t the current Planning cheme being the Planning
cheme in orce at the time o the eci ion Ma ing Period commencing
7.2
Assessment against Gold Coast Planning Scheme 2003
Place code
etached
omain
elling
Constraint code
Specific development code
old Coa t Airport and
A iation acilitie
Car Par ing Acce and
ran port ntegration
Relationship to the Domain
he ub ect ite i located in the
etached
Childcare Centre
elling
omain
Pur uant to the Planning cheme the propo ed land u e i de ined a Childcare Centre
“Any premises used or intended to be used for the minding or care, but not residence,
of children. This term includes any ancillary early childhood program conducted in
conjunction with the minding or caring of children, kindergarten, or crèche. This term
does not include a Family Day Care Home or an Educational Establishment.”
hich trigger impact a
u e
e
he intent tatement or the
ment pur uant to table o de elopment A material change o
etached
elling
omain read
“The purpose of this domain is to provide for low density residential areas that consist
predominantly of low rise, detached dwellings, in a garden landscape, that are well
serviced in terms of urban facilities and transport. It is intended to preserve and
enhance the suburban character and residential amenity of these low density
residential neighbourhoods.
This domain also seeks to enhance and promote the residential lifestyle attributes of
privacy and quiet enjoyment of family life, with opportunities for residential based
leisure pursuits. Key objectives include:
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
179
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
• providing for some variety in dwelling size and style, within the context of a relatively
homogeneous residential environment;
• providing for extensive areas of both private and public open space, and promoting
the landscaping of these areas to achieve a green and attractive residential
environment and to contribute to the City wide landscape character themes;
• providing for a limited range of home based activity where the scale and intensity of
the activity will not impact on the high level of residential amenity expected within
this domain; and
• facilitating home based business activity where this has no adverse impact on the
residential amenity of the neighbourhood.”
O icer
comment
he propo al i to e tabli h a non re idential land u e ithin an area intended predominately
or lo den ity re idential u e
e erthele
the propo ed Child Care Centre i con idered
an appropriate land u e pur uant to Part 5 i i ion 1 Chapter 2 4 6 1 Material Change o
e hich tate
“All uses included in Section A of the Table of Development may be considered as
appropriate for the domain to which the Table of Development applies, subject to each
use meeting the relevant assessment criteria.”
i en the ub ect ite i located on the corner o a di tributer road latyer A enue and a
minor collector road Poinciana Cre cent the ub ect ite i con idered to be highly
acce ible and ell er iced by the local tran port net or
he propo al include 15 car
par ing pace
hich complie
ith Council
tatutory minimum car par ing re uirement
and there ore accommodate the demand or par ing on ite Additionally the applicant ha
ubmitted a ra ic mpact A e ment Report hich i upported by the ran port
A e ment ection that conclude that the operation o the propo ed Child Care Centre ill
ha e minimal impact on the urrounding road net or
ith no additional matter identi ied
hich ould preclude de elopment o the ite a propo ed
he built orm in the urrounding neighbourhood i characteri ed by etached and Attached
elling on allotment included in the etached
elling omain and Re idential Choice
omain
i en the propo al replace a dilapidated d elling include land cape planting
eature a lo
ite co erage 1 6
and pro ide a built orm repre enting a cale and
appearance o a re idential d elling it i con idered that the de elopment pre er e and
enhance the uburban character o the locality
urthermore the ubmitted acou tic report in upport o the application a a e ed by
Council
n ironment ealth O icer
ho are ati ied the propo ed noi e le el
ill not
impact on amenity alue o nearby re idence
A
uch it i con idered that the propo ed u e i compatible
elling omain
ith the ntent o the
etached
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 0
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Compliance with the relevant place code
he propo al complie ith all o the place code
criteria e cept a ollo
O icer
acceptable olution and per ormance
Performance criteria
Acceptable solution
PC2
All building and co ered car par ing pace
mu t pro ide or etbac
rom the treet
rontage and the ide and rear boundarie
hich are appropriate to the e icient u e o the
ite and the treet cape character o thi
domain
A 21
he building and co ered car par ing pace i et bac
not le than i metre rom the rontage o the ite
A 22
he building e cluding co ered car par ing pace
a ociated ith a etached
elling i et bac rom
the ide and rear boundarie at not le than
a 1 5 metre
mea ured rom the outermo t
pro ection o that part o the building hich i 4 5
metre or le abo e ground le el
b 2 metre mea ured rom the outermo t pro ection
o that part o the building hich i greater than 4 5
metre but not greater than 7 5 metre abo e
ground le el
c 2 metre plu 0 5 metre or e ery metre or part
thereo mea ured rom the outer mo t pro ection o
that part o the building hich i greater than 7 5
metre abo e ground le el
comment
Planning O icer con ider the building i appropriately located to en ure appropriate
eparation rom d elling on the ad oining propertie i pro ided
i en the Childcare Centre building i etbac our 4 metre rom a econdary rontage
the iting o the building i compliant ith the etbac pro i ion or the Childcare Centre
peci ic e elopment Code
he hade ail tructure are open on all ide and do not appear bul y or obtru i e rom the
treet rontage hi i con idered in eeping ith the appearance o many propertie in the
urrounding neighbourhood hich are impro ed by open carport and hade ail in the road
rontage
he torage hed ill be built on the ea tern boundary and located ne t to the dri e ay and
co ered car par ing pace o the ad oining property i en the location o the torage hed
hich ill not be u ed or child care acti itie and ill largely be creened by an acou tic
barrier and land caping any impact on the ad oining property and the treet cape character
ill be minimal
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 1
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
a ing regard to the abo e the propo al i con idered to ati y Per ormance Criteria 2 o
the etached
elling omain
Performance criteria
PC1
he propo ed u e mu t not detract rom the
amenity o the local area ha ing regard but
not limited to the impact o
a noi e
b hour o operation
c tra ic
d lighting
e
ignage
i ual amenity
g pri acy
h odour and emi ion
O icer
Acceptable solution
A 1
o acceptable olution pro ided
comment
he propo ed de elopment i not con idered to detract rom the amenity o the local area a
di cu ed herein
oi e
Council
ealth and Regulatory ection ha e re ie ed the Acou tic Report and con ider the
propo ed Child Care Centre to comply ith the acou tical limitation ub ect to condition
re uiring acou tic encing play area to ace latyer A enue limit on the hour o operation
and the car par to be con tructed ith anti ueal treatment
our o operation
t i not anticipated that the propo ed hour o operation ould ha e any detrimental impact
on the locale a the operating hour ill be bet een 7 00am to 6 00pm Monday to riday
e erthele
condition are included ithin the O icer recommendation to en ure ancillary
acti itie uch a deli erie and in ormal u e o the outdoor play area do not occur out ide
o the propo ed operating hour
ra ic
A di cu ed pre iou ly Council
ran port Planning ection upport the inding o the
applicant
ra ic mpact A e ment Report
ighting
O icer do not anticipate that lighting de ice pro ided ith the de elopment ould ha e any
detrimental impact on neighbouring propertie
he Child Care Centre operate largely
during daytime hour and ha propo ed motion acti ated ecurity lighting or u e a ter hour
A condition o appro al ha been included ithin the O icer recommendation re uiring the
lighting not to cau e nui ance to neighbouring propertie
ignage
o ignage i propo ed a part o thi de elopment Condition o appro al are included in
the O icer recommendation re uiring the applicant the applicant to obtain the nece ary
appro al or ad erti ing de ice
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 2
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
i ual amenity
A di cu ed pre iou ly the local uburban en ironment
propo ed built orm
ill not be compromi ed by the
he 2 5 metre ide boundary acou tic encing ill ha e the top 700mm tran parent to reduce
the percei ed height and ill be con tructed ith material complimentary to the re idential
character and include internal land caping to mitigate any ad er e amenity impact
Pri acy
he building ill be appropriately etbac rom ad oining re idential property boundarie
ith
it outdoor acti ity area acing latyer A enue rather than being in ie to ad oining
d elling Although neighbouring d elling at the outhern boundary ha e habitable room
ith ie
to the car par ing area land cape planting pro ided at the periphery o the ite
ill a i t in reducing i ual impact to ad oining d elling
urthermore the acou tic encing
ill mitigate any pri acy i ue rom the ground le el
Odour and mi
ion
i en that a creened re u e torage area i located appro imately 12 metre rom the
neare t boundary it i not anticipated that the de elopment ould generate e ternal odour
that ould impact on amenity urthermore Council
n ironmental ealth O icer rai ed
no concern
ith the e pected e ternal odour and emi ion rom the de elopment
Accordingly Council o icer con ider that the propo ed de elopment complie
Per ormance Criteria 1 o the etached
elling omain Place Code
Compliance with the relevant specific development code
he propo ed de elopment i re uired to demon trate compliance
de elopment code
• Child Care Centre peci ic e elopment Code
he propo al complie ith all o the peci ic de elopment code
per ormance criteria e cept a ollo
ith
ith the ollo ing peci ic
acceptable olution and
Childcare Centre Specific Development Code
O icer
Performance criteria
Acceptable solution
PC1
All building
tructure and car par ing mu t
pro ide or etbac
rom the treet rontage
and the ide and rear boundarie
hich are
appropriate to the e icient u e o the ite and
the treet cape character o the local area
A 11
he de elopment i a building tructure or car par
hich i et bac a minimum o
a
i metre rom the primary road rontage
b three metre rom any econdary road rontage
c t o metre rom all ide and rear boundarie
A 12
he acce
ay or ehicle manoeu ring purpo e i
et bac a minimum o t o metre rom all ide and
rear boundarie
comment
u ti ication or the iting o building and tructure ha already been addre
report
ed
ithin thi
n relation to the car par it i located ithin one 1 metre rom the ea tern and outhern
ide boundarie
he de ign o the car par ing area en ure that the de elopment ha the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
lea t amount o impact on ad oining propertie
or in tance lo turno er ta car par ing
pace are de ignated here car par ing pace are ithin the etbac clearance area on
the ea tern boundary
urthermore the car par de ign en ure that the ma ority o car par ing pace ad acent to
the outhern boundary i located appro imately e en 7 metre rom that boundary and 12
metre rom the ad oining d elling or the ma ority o thi boundary only the dri e ay ill be
ithin three
metre o the boundary Additionally land cape planting i pro ided in
bet een the car par ing area and ad oining boundarie
hich ill bu er the car par rom
ad oining boundarie
a ed on the abo e Council O icer con ider the propo ed car par
Criteria PC1 o the Childcare Centre peci ic e elopment Code
O icer
ati ie Per ormance
Performance criteria
Acceptable solution
PC6
he Child Care Centre mu t be located in
clo e pro imity to
a an urban re idential neighbourhood or
b a community ocal point or acility or
c a ma or employment location
A 611
he de elopment i located not more than 200 metre
rom a community ocal point or acility
hich may
include
a an acti ity centre or node
b a ma or employment e tabli hment
c a hopping centre
d a library
e a place o or hip
an acti e par land area
g a chool
h a porting ground
OR
A 612
he de elopment i located ithin an urban re idential
neighbourhood
comment
he ite i con idered to be centrally located near urban re idential neighbourhood
community ocal point and ma or employment location including the outhport ol Cub
the undall Corporate Centre the andale Precinct the old Coa t ur Club the undall
commercial area and the ronberg hopping Pla a all ithin 1 5 ilometre rom the ite
Additionally the immediate neighbourhood compri e a igni icant number o duple
de elopment a
ell a a 1 7 unit Apartment and Ca building being con tructed
appro imately 120 metre outh ea t o the ite
tyle
or the abo e rea on the propo al i con idered to ati y Per ormance Criteria 6 o the
Childcare Centre peci ic e elopment Code
Compliance with the relevant constraint codes and overlay
he propo ed de elopment i re uired to demon trate compliance ith the applicable
Acceptable olution and Per ormance criteria o the ollo ing con traint code
• Car Par ing Acce and ran port ntegration Con traint Code
• old Coa t Airport and A iation acilitie Con traint Code
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 4
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Car Par ing Acce
and ran port ntegration Con traint Code
he propo al complie ith all o the Car Par ing Acce and ran port ntegration
Con traint Code Acceptable olution and Per ormance Criteria
here condition ha e
been re uired they ha e been included in the O icer Recommendation
old Coa t Airport
A iation acilitie Con traint Code
he propo al complie ith all o the old Coa t Airport A iation acilitie Con traint
Code Acceptable olution and Per ormance Criteria
here condition ha e been
re uired they ha e been included in the O icer Recommendation
8
STATE PLANNING POLICIES
here are no tate planning policie applicable or thi application
9
STATE PLANNING REGULATORY PROVISIONS
here are no tate planning regulatory pro i ion applicable or thi application
10 SOUTH EAST QUEENSLAND REGIONAL PLAN
he de elopment application a a e ed again t the pro i ion o the outh a t
ueen land Regional Plan a the ub ect ite i located in ide o the rban ootprint he
propo al i con idered to comply ith the ob ecti e o the outh a t ueen land Regional
Plan
11 RELEVANT INTERNAL REFERRALS
he ub ect application a made a ailable or re erral to repre entati e
department through the e elopment A e ment Re ie
eam AR
May 2015
List of available referrals for reference
ealth and Regulatory er ice
ran port A
e
ment
ubdi i ion ngineering
Open pace A
e
ment
Architect
old Coa t
ater
Operational
or
ydraulic and
ater
ld ire and Re cue
uality
u h ire
Arbori t
and cape A
e
ment
eache and
ater
City n ra tructure
eotechnical ngineering
Plumbing and
ocial Planning
rainage
n ironmental A
e
rom the ollo ing
proce on the 1
ment
rom thi meeting the application a re erred to applicable re erral a di cu
ed belo
11.1 Health and Regulatory Services
ealth and Regulatory er ice
a re erred a copy o the de elopment application to
analy e and pro ide comment condition Council
ealth and Regulatory er ice
department ha e a e ed the application and determined it to be ati actory ub ect to
rea onable and rele ant condition relating to acou tic hour o operation air conditioning
and a te
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 5
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
he ollo ing comment
ere pro ided
“Officer’s assessment has established that the proposed development suitably
complies with all of the relevant provisions of the Planning Scheme and the proposed
Child Care Centre development infrastructure intended to service the development is
considered appropriate.
The additional report from the acoustic consultant advises that the 2.5 metre high
acoustic barrier is required so as to comply with noise legislation. The consultant has
recommended a transparent section of the barrier above the height of 1.8 metres.
It is recommended that the acoustic barrier is constructed to a height of 2.5 metres with
transparent sections above 1.8 metres in height. If the height of the barrier is
shortened, the noise will merely bend over the top of the barrier.
The proposed development is therefore recommended for approval subject to the
conditions listed below.
11.2 Transport Assessment
ran port A e ment a re erred a copy o the de elopment application to analy e and
pro ide comment condition Council
ran port A e ment department ha e a e ed
the application and determined it to be ati actory ub ect to rea onable and rele ant
condition relating to amended plan and car par ing and acce
11.3 Subdivision Engineering
ubdi i ion ngineering a re erred a copy o the de elopment application to analy e and
pro ide comment condition Council
ubdi i ion ngineering department ha e a e ed
the application and determined it to be ati actory ub ect to rea onable and rele ant
condition relating to telecommunication and electricity
11.5 Architect
he City Architect a re erred a copy o the de elopment application to analy e and pro ide
comment condition Council City Architect ha e a e ed the application and determined
it to be ati actory o condition o appro al ere recommended ho e er the ollo ing
comment
ere pro ided
“The application consists of a new child care centre building proposed for a 1,022m2
corner site in the Bundall precinct.
The area is characterised by predominately low rise single detached dwellings. The
site is located along a busy road with the Southport Golf Club located immediately
opposite. The area is characterised by wide streets, pedestrian footpaths, and large
street trees, and within close proximity of neighbourhood and community facilities,
public transport, the area supports a walkable, compact, urban community.
The proposal for the new child care centre presents as a 2 storey compact building
form that appropriately has the scale and visual appearance of a residential / domestic
dwelling. The design incorporates appropriate mixture of materials such as metal deck
roofing, horizontal weatherboards, and screening elements to balconies. The proposal
shows suitable integrated landscaping, with articulated perimeter fence.
The design commendably has sufficient building articulation to be visually appealing
and will complement the character of the precinct.”
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 6
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
11.6 Gold Coast Water
old Coa t ater a re erred a copy o the de elopment application to analy e and pro ide
comment condition Council
old Coa t ater department ha e a e ed the
application and determined it to be ati actory ub ect to rea onable and rele ant
condition relating to ater and e er
11.7 City Infrastructure
City n ra tructure a re erred a copy o the de elopment application to analy e and pro ide
comment condition Council City n ra tructure department ha e a e ed the application
and determined it to be ati actory ub ect to rea onable and rele ant condition relating to
the ehicular cro o er road re er e alteration and alteration to council in ra tructure
11.8 Plumbing and Drainage
Plumbing and rainage a re erred a copy o the de elopment application to analy e and
pro ide comment condition Council Plumbing and rainage department ha e a e ed
the application and determined it to be ati actory ub ect to rea onable and rele ant
condition relating to the ater upply and e er
11.11 Hydraulics and Water Quality
ydraulic and ater uality a re erred a copy o the de elopment application to analy e
and pro ide comment condition Council
ydraulic and ater uality department ha e
a e ed the application and determined it to be ati actory ub ect to rea onable and
rele ant condition relating to torm ater and ero ion and ediment control
he ollo ing comment
ere pro ided the ollo ing comment
“This is an MCU application for the construction of a childcare centre at 92 Slatyer
Avenue Bundall. Currently, there is an existing dwelling on the site, which will be
demolished. The total area of the site is 1022m2. The proposed facility is for a total of
45 children, with outdoor play areas and 21 at-grade car spaces. The applicant has
submitted a report titled “Stormwater Management Plan for Proposed Childcare Centre
at Lots 12-13 on RP87176, 92 Slatyer Avenue Bundall” prepared by Knobel Consulting
Pty Ltd dated 14 April 2015 in support of the proposal. After reviewing the report and
the submitted modelling files, this section has found that the report has adequately
addresses all the relevant stormwater issues of the proposal.”
11.13 Arborist
Arbori t a re erred a copy o the de elopment application to analy e and pro ide
comment condition Council Arbori t department ha e a e ed the application and
determined it to be ati actory ub ect to rea onable and rele ant condition relating to the
ubmi ion o an Operational or
egetation or
application or egetation remo al
11.14 Landscape Assessment
and cape A e ment a re erred a copy o the de elopment application to analy e and
pro ide comment condition Council
and cape A e ment department ha e a e ed
the application and determined it to be ati actory ub ect to rea onable and rele ant
condition relating to the ubmi ion o an Operational or
and cape or
application
13 DEVELOPMENT INFRASTRUCTURE
n ra tructure charge are no le ied under a Charge Re olution by ay o an
n ra tructure Charge
otice hich ill accompany Council deci ion notice
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 7
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
14 PUBLIC NOTIFICATION
he applicant ha ubmitted a ritten notice tating that public noti ication o the application
ha been completed in accordance ith the re uirement o the Sustainable Planning Act
2009
n re pon e to noti ication 72 properly made and 4 not properly made ubmi ion ere
recei ed ob ecting to the de elopment hil t 54 not properly may ubmi ion in upport o
the de elopment ere al o recei ed he main point o ob ection are li ted belo
ollo ed
by the o icer comment
Point of objection
Amenity
he propo ed de elopment i
detrimental to the e i ting
re idential amenity
Officer’s comment
A di cu ed in greater detail in ection 7 2 the
propo al i con idered to comply ith Per ormance
Criteria 1 in regard to amenity impact in ol ing noi e
hour o operation tra ic lighting ignage i ual
amenity pri acy and odour and emi ion
A uch thi point o ob ection i not con idered alid
ground to arrant re u al o the application
ra ic generation
he increa e in tra ic acce ing
the ite ill re ult in unacceptable
impact on ad acent land and
local road u er
he location o the ehicular
cro o er rom latyer A enue i
a a ety ri
he ite i located on the corner o a di tributer road
latyer A enue and a minor collector road Poinciana
Cre cent and there ore ill not introduce additional
tra ic into nearby minor re idential treet
he ubmitted ra ic mpact A e ment Report
predict that the propo ed de elopment yield a tra ic
generation potential o 1 in and 1 out trip during
morning and a ternoon pea hour t al o predict 60
10 o the abo e trip
ill e ually tra el in either an
ea tbound or e tbound direction to acce the ite
rom the controlled inter ection o Poinciana Cre cent
and latyer A enue and 40
7 2 ill acce the ite
ia the local re idential road net or
hi e uate to 5 4 car or 1 car per 11 minute each
turning rom an ea tbound and e tbound direction rom
Poinciana Cre cent and 1 car per minute and 20
econd acce ing the ite ia the local re idential
net or during pea hour
i en the abo e report al o
predict the e u er
ill already be on the road net or
tra elling to their primary de tination tra ic generation
impact are not con idered to po e any a ety ri
or
unacceptable impact to ad acent land and local road
u er
Additionally the ran port A e ment ection ha peer
re ie ed the applicant report and concur
ith it
inding
A uch the e point o ob ection are not con idered
alid ground to arrant re u al o the application
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
ealth
he building and playground
location ad acent to latyer
A enue ill be detrimental to the
health and a ety o children in
regard due to the olume o
tra ic being dangerou and
ub e uent air pollutant cau ed
by ehicle
he playground area ill ront latyer A enue hich i a
de ignated di tributer road er ed to mo e tra ic rom
local treet to arterial road and there ore carrie
igni icant olume o tra ic during pea period
he
application ha been a e ed again t the Childcare
Centre peci ic e elopment Code and i con idered
to comply ith the rele ant Acceptable olution in
regard to childproo encing pro imity to a ety
ha ard location and e po ure to air pollutant
Additionally the a e ing n ironmental ealth O icer
rai ed no concern
ith the de elopment location and
e po ure to air pollutant
A uch the e point o ob ection are not con idered
alid ground to arrant re u al o the application
etbac
he de elopment i too clo e to
ad oining propertie
A di cu ed in greater detail in ection 7 2 the
propo al i con idered to pro ide etbac
rom property
boundarie appropriate or the e icient u e o the ite
and treet cape character o the local area in
accordance ith Per ormance Criteria 12 o the
etached
elling omain and Per ormance Criteria 1
o the Childcare Centre peci ic e elopment Code
A uch thi point o ob ection i not con idered alid
ground to arrant re u al o the application
Property alue are not alid planning ground or
con ideration o a de elopment application
Property alue
he propo al ill negati ely
impact on the property alue o
the area
ncompatible land u e
he propo al i o a commercial
nature ithin a re idential area
Con lict ith
O oc 1
A uch thi point o ob ection i not con idered alid
ground to arrant re u al o the application
A di cu ed in greater detail in ection 7 2 the
propo al i con idered an appropriate land u e ithin
the etached
elling omain by irtue o the land u e
being included in able o e elopment A o the
etached
elling omain Place Code
ot ith tanding the abo e ubmi ion argue that the
de elopment i in con lict ith
O oc 1 hich read
“The establishment, conservation and
enhancement of local character and the promotion
of a distinctive local identity and sense of place for
various communities of the Gold Coast.”
A al o noted pre iou ly the City Architect O ice
pro ide upport or the appearance o the propo ed
building in light o the local character
“The design commendably has sufficient building
articulation to be visually appealing and will
complement the character of the precinct.”
i en amenity and tran port concern do not arrant
re u al o the application a pre iou ly di cu ed it i
con idered that
O oc 1 i not con idered to be
compromi ed
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
1 9
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
A uch the e point o ob ection are not con idered
alid ground to arrant re u al o the application
15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL
ot applicable
16 CONCLUSION
he de elopment i con idered to comply ith the intent o the etached
elling omain
and the applicable Planning cheme Code A di cu ed in thi report the propo al ill not
impact on the e i ting re idential character o the urrounding area
he main point o ob ection relate to impact on amenity tra ic generation health and
a ety concern
etbac
property alue and character o the neighbourhood he e
concern ha e been ade uately addre ed in thi report and uitable condition ha e been
included in the O icer recommendation to en ure additional impact are a oided or
mitigated urthermore the concern do not arrant the re u al o thi application
a ed on the abo e it i recommended that the application be appro ed
impo ition o rea onable and rele ant condition
17
ub ect to the
NOTIFICATIONS
STANDARD NOTIFICATIONS
Noise/Acoustic
here are de elopment appro al condition applicable in relation to acou tic i ue on thi
lot and all ub e uent lot All property o ner mu t en ure compliance ith the e
condition Plea e re er to old Coa t City Council P ile and eci ion otice or urther
in ormation A copy o Council
eci ion otice i a ailable or ie ing ia old Coa t City
Council Planning and e elopment Online eb ite
goldcoa tcity com au pdonline
Stormwater (Management Plan)
here i a torm ater Management Plan in regard to thi lot All property o ner mu t
en ure compliance ith the torm ater Management Plan Plea e re er to old Coa t City
Council P ile and eci ion otice or urther in ormation A copy o Council
eci ion
otice i a ailable or ie ing ia old Coa t City Council Planning and e elopment Online
eb ite
goldcoa tcity com au pdonline
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
190
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
18
RECOMMENDATION
It is recommended Council of the City of Gold Coast (Council) resolves that:
ot 12 on RP 7176
Real property description
ot 1 on RP 7176
Address of property
92 latyer A enue undall
Area of property
1022m2
Decision type
e elopment Permit or a Material Change o
a Childcare Centre
Further development permits
uilding or
Operational or
and cape
or
Operational or
egetation or
ehicular Cro o er
Further compliance permits
e erage
Compliance assessment required
for documents or works
or
e or
ater upply Plumbing
Acou tic Compliance Report
NATURE OF DECISION
A
Council appro e the i ue o a de elopment permit or material change o u e or a
Childcare Centre ub ect to the ollo ing condition
APPROVED DRAWINGS
1
Amended plans/drawings to be submitted
a
Amended plan dra ing mu t be ubmitted generally in accordance
Plan No.
Rev.
Title
Date
ith
Prepared by
02A
ite Plan
29 06 2015
lac
n Architecture
0 A
round loor
29 06 2015
lac
n Architecture
04A
round loor
29 06 2015
lac
n Architecture
29 06 2015
lac
n Architecture
05A
Roo
06
le ation 1
29 06 2015
lac
n Architecture
07
le ation 1
29 06 2015
lac
n Architecture
0
le ation 1
29 06 2015
lac
n Architecture
09
mpre
ion 1
29 06 2015
lac
n Architecture
10
mpre
ion 2
29 06 2015
lac
n Architecture
ho ing the ollo ing amendment
Coloured ele ation o all acou tic barrier
including detail o material te ture and
colour
ii
iden the ehicle cro ing and dri e ay at the
ront property boundary to a minimum o 5 5m
uitable or t o ay tra ic hi could po ibly be
achie ed by minor narro ing o the pede trian
entry path rom Poinciana Cre cent
i
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
191
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
iii
Remo e o the pede trian ight triangle ho n on
the northern ide o the dri e ay hich i not
re uired by ection 2 4b o A 2 90 1 2004
Par ing acilitie Part 1 O
treet Car Par ing
i
b
Pro ide heel top to all car par ing pace
ronting onto an area u ed by pede trian
de igned in accordance ith ection 2 4 5 4 o
A 2 90 1 2004 Par ing acilitie Part 1 O
treet Car Par ing
he amended plan dra ing are to be ubmitted to
Council or appro al by the Chie
ecuti e O icer prior
to
i
ue o a de elopment permit or the carrying out
o building or
he amended plan dra ing
hen appro ed by the
Chie
ecuti e O icer ill be the appro ed
plan dra ing orming part o thi appro al and a
tamped copy ill be returned to the applicant he
de elopment mu t be carried out in general
accordance ith the appro ed plan dra ing
2
Decision notice and approved plans/drawings to be
submitted with subsequent application
Timing
A indicated ithin the
ording o the
condition
A copy o thi deci ion notice and accompanying tamped
appro ed plan dra ing mu t be ubmitted ith any
building de elopment or operational or application
relating to or ari ing rom thi de elopment appro al
3
Decision notice and approved plans/drawings to be
retained on site
Timing
At all time
A copy o thi deci ion notice and tamped appro ed
plan dra ing mu t be retained on ite at all time
hi
deci ion notice mu t be read in con unction ith the tamped
appro ed plan to en ure con i tency in con truction
e tabli hment and maintenance o appro ed or
4
Lots to be amalgamated
ot 12 on RP 7176 and ot 1 on RP 7176 mu t be
amalgamated into one lot he plan o amalgamation mu t
be regi tered
5
Notice of works timetable
he applicant mu t gi e Council
ollo ing
a
b
c
ritten notice o the
Application number
ite addre
ame and telephone number or and a ter hour
the pro ect manager and the ite o ner
o
Timing
Prior to commencement
o the u e o the
premi e
Timing
A ter ucce ul
completion o any pre
tart in pection
re uired by condition
o thi or other
de elopment appro al
and at lea t 5 bu ine
day prior to
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
192
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
commencement o any
d
or intended to be carried out
or on ite
e
he propo ed timetable a ociated ith the or
including e pected commencement duration and
completion date
he noti ication i to be ent to Council
e elopment
Compliance ection a 07 55 2 0 0 or by email to
e com Operational goldcoa t ld go au
hi
noti ication i in addition to any other noti ication re uired by
other condition o thi or other de elopment appro al
A orm i a ailable to a i t in pro iding the in ormation
relating to otice o
or Commencement re uirement
he orm can be obtained at Council O ice
erang
undall and Coolangatta t al o can be ound on Council
eb ite at http
goldcoa t ld go au orm
application html
WORKS - COMPLIANCE
6
Certification of compliance
All or mu t be certi ied by a uitably uali ied pro e
a complying ith the appro ed plan
ional
or thi condition a suitably qualified professional i a
per on ith tertiary uali ication and pro e ional a iliation in
the ield o engineering or cience rele ant to the or
and or management plan and ho ha at lea t t o year
e perience in management in that ield
here the or
and or management plan in ol e di erent ield a
certi ication i re uired rom a uitability uali ied pro e ional
or each eparate ield
Timing
he applicant mu t
ubmit the certi ication
prior to the earlie t o
compliance
a e ment o the
ubdi i ion plan the
commencement o the
On Maintenance
period or the
commencement o the
u e
CAR PARKING AND ACCESS
7
Off street car parking facilities
a
b
c
d
e
8
O treet car par ing acilitie mu t be de igned
con tructed and maintained to the ati action o the
Chie
ecuti e O icer at no co t to Council in
accordance ith A 2 90 1 late t er ion
O treet acilitie or car par ing mu t only be u ed or
ehicle par ing
A minimum combined total o 15 o treet car par ing
pace mu t be pro ided or on ite
e ignated ta par ing located acing the ea tern
boundary
O treet car par ing acilitie mu t be drained ealed
and line mar ed
Maximum staff and children numbers
o more than 6 ta and 45 children may be pre ent on the
ite at any one time
Timing
Prior to the
commencement o the
u e and at all time
Timing
At all time once the
u e ha commenced
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
19
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
9
Freely accessible visitor car parking
a
b
c
10
All car par ing mu t be acce ible not ub ect to
regulation or re triction to ta or the time the u e
or premi e i open or bu ine and to bona ide
i itor or the duration o any i it to the ite
Car par ing or ta and i itor mu t ha e no
gate ay door or imilar de ice including ob or
ipe card that re trict acce to tho e par ing
pace during bu ine hour
ta and i itor par ing mu t be clearly identi iable
through the pro i ion o appropriate ignage and line
mar ing
ignage and line mar ing mu t be de igned
con tructed and maintained to the ati action o the
Chie
ecuti e O icer at no co t to Council
Signs and line marking
n addition to ign and line mar ing re uired by A 2 90 1
the ollo ing mu t be in talled and maintained to the
ati action o the Chie
ecuti e O icer and at no co t to
Council
a
ign and line mar ing to identi y per on
ith
di abilitie par ing A 2 90 6
11
Sight lines to pedestrians
here a dri e ay meet a property boundary to a public
road ay clear triangulated ight line mu t be pro ided
and maintained he ight line mu t be 2 metre
ide
pro ided on the e it ide o the dri e ay or a length o 2 5
metre bac into the ite in accordance ith igure 4
Minimum dimen ion or acce dri e ay ight play or
pede trian o A 2 90 2 he area ithin the e ight
triangle mu t be ept clear o ob truction
Timing
Prior to the
commencement o the
u e and at all time
Timing
Prior to the
commencement o the
u e and at all time
Timing
Prior to the
commencement o the
u e and at all time
VEHICULAR CROSSINGS AND DRIVEWAYS
12
Vehicular crossings
a
b
c
he ehicular cro ing dri e ay entry ithin the road
re er e mu t be de igned and con tructed by the
applicant at no co t to Council in accordance ith the
ollo ing Council tandard ra ing or ehicular
cro ing a applicable
05 02 01 ehicular cro ing indu trial
i
commercial and multi unit re idential
he applicant mu t apply or and obtain a licence rom
Council or the con truction o the ehicular cro ing
he ehicular cro ing mu t be con tructed to the
ati action o the Chie
ecuti e O icer
Timing
Prior to commencement
o the u e on the ite
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
194
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
13
Relocation of power pole
here mu t be a minimum eparation o 1 5 metre bet een
the po er pole and the cro o er including the play
thi cannot be achie ed the pole mu t be relocated to
pro ide the minimum eparation he applicant mu t obtain
all nece ary appro al a ociated ith the relocation o the
po er pole and underta e the relocation to the ati action o
the Chie
ecuti e o icer at no co t to Council
Timing
Prior to the
commencement o the
u e
Alternati ely the applicant may choo e to relocate the
cro ing to pro ide a minimum eparation o 1 5 metre rom
the cro o er including the play on the pro i ion that all
other condition are met
14
Redundant vehicular crossings
All redundant ehicle cro ing mu t be remo ed and erb
and channel rein tated in accordance ith Planning Scheme
Policy 11 – Land Development Guidelines, Standard
Specifications and Drawings he remo al and rein tatement
mu t be to the ati action o the Chie
ecuti e O icer at
no co t to Council
Timing
Prior to the
commencement o the
u e
ROAD RESERVE ALTERATIONS/RECONSTRUCTION
15
Reconstruction of kerb and channel / footpath
a
b
here erb and channel ootpath i remo ed or
damaged the applicant mu t recon truct the erb and
channel ootpath or the ull rontage o the
de elopment ite at latyer A enue and Poinciana
Cre cent to meet the re uirement o ection 4 o
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and Drawings
prior to the earlier o a re ue t or compliance
a e ment o the ubdi i ion plan or the
commencement o the u e o the premi e
he recon truction o any er ice pit or in ra tructure
nece ary to achie e the re uirement o Planning
Scheme Policy 11 – Land Development Guidelines,
Standard Specifications and Drawings hen
con tructing recon tructing erb and channel and
ootpath i to be at the applicant co t and at no co t
to Council
Timing
Prior to the earlier o a
re ue t or compliance
a e ment o the
ubdi i ion plan or the
commencement o the
u e o the premi e
ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR
ROAD RESERVE
16
Connection to, alteration or realignment of Council
infrastructure
a
he applicant mu t in re pect o any connection to
alteration or realignment o Council in ra tructure
regardle o it location i e ithin road par re er e
or pri ate property do the ollo ing
Timing
Any connection
alteration or
realignment mu t be
completed prior to the
commencement o the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
195
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
i
n ure that the propo ed or comply ith
u e o the premi e a
Planning Scheme Policy 11 – Land Development re ue t or compliance
a e ment o the
Guidelines, Standard Specifications and
ubdi i ion plan or the
Drawings
i uing o a certi icate
ii
Apply or and obtain a de elopment permit or
operational or
or
or in ra tructure or the o cla i ication
hiche er occur ir t
propo ed or
iii
nter into a bond agreement to en ure damage i
not cau ed to Council in ra tructure and to ecure
the ati actory completion o the On
Maintenance period and
i
ubmit A Con tructed data in accordance ith
Planning Scheme Policy 11 – Land Development
Guidelines, Standard Specifications and
Drawings
he connection to alteration or realignment once
b
appro ed mu t be underta en by the applicant at no
co t to Council and be to the ati action o the Chie
ecuti e O icer
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 line marking.
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.
CONSTRUCTION MANAGEMENT
17
Construction management plan
Part A Construction Management Requirements
a
b
he con truction management plan mu t be ubmitted
in accordance ith the Application or Con truction
Management Plan orm and uideline or
Con truction Management Plan are a ailable on
Council
eb ite
he con truction management plan mu t addre all
acti itie a ociated ith con truction e cluding noi e
and du t i ue including but not limited to
i
ehicle acce
including re pon ibility or
maintenance o the de ined cartage route during
hour o con truction
ra ic management including loading and
ii
unloading
Timing
A con truction
management plan mu t
be ubmitted to and
appro ed by Council
prior to the i ue o any
de elopment permit or
the carrying out o
building or
he appro ed
con truction
management plan mu t
be complied ith and
ept on ite at all time
during con truction
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
196
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
iii
Par ing o ehicle including on ite employee
or
and deli ery ehicle
i
Maintenance o a e pede trian mo ement
acro the ite rontage including by people
ith di abilitie
uilding a te re u e di po al
i
Pre entation o hoarding to the treet
ii
ree management
c
he con truction management plan mu t demon trate
that
the general public ill be ade uately protected
i
rom con truction acti itie
the building ite ill be ept clean and tidy to
ii
maintain public a ety and amenity and
demand or occupation o the treet and
iii
protection o Council a et
ill be ell managed
d
he appro ed con truction management plan mu t be
complied ith and ept on ite at all time
Part B Road/footpath Closure Requirements
here a a re ult o con truction or or acti itie it i
nece ary to temporarily clo e a road ootpath under the
control o Council the ollo ing re uirement
ill apply
a
b
c
18
here it i propo ed to inter ere ith a road or any
building or con truction or uch a a gantry
hoarding or ip bin an application or temporary
clo ure o a Council controlled road mu t be ubmitted
to and appro ed by Council prior to the i ue o any
de elopment permit or the carrying out o building
or
uch application i to be lodged in con unction
ith an application or appro al o a con truction
management plan
here it i re uired to inter ere ith a road or any
building or con truction related or or a period in
e ce o t o 2 ee
a Road Clo ure or one
permit i to be obtained rom Council
ra ic
Management and Operation ranch
here it i re uired to occupy any portion o the road
re er e in con unction ith building or con truction
or a permit to occupy i to be obtained rom
Council Property ection
Noise management
a
b
oi e rom con truction acti itie mu t not cau e an
en ironmental nui ance
ithin the meaning o that
term et out in the Environmental Protection Act 1994
at any en iti e receptor tated in chedule 1 o the
Environmental Protection (Noise) Policy 2008
hen re ue ted by Council monitoring mu t be
underta en to in e tigate any complaint o
Timing
A indicated ithin the
ording o the
condition
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
197
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
en ironmental nui ance cau ed by noi e
c
he monitoring mu t be carried out
i
by a uitably uali ied acou tic engineer
ii
at the potentially a ected en iti e receptor
iii
by applying the procedure et out in chapter 5
part o the Environmental Protection Regulation
2008 and
i
ithin 5 bu ine day o receipt o the re ue t
rom Council
d
he data and monitoring re ult mu t be pro ided to
Council ithin bu ine day o completion o the
monitoring
the acou tic uality ob ecti e tated in chedule 1
e
column o the Environmental Protection (Noise)
Policy 2008 ha e been e ceeded at a en iti e
receptor tated in column 1 at a time o day tated in
column 2 a noi e management plan mu t be ubmitted
to Council or appro al ithin 10 bu ine day o
completion o the monitoring
he noi e management plan mu t
i
be prepared by a uitably uali ied acou tic
engineer
pro ide detail o noi e ource
ii
iii
identi y the mea ure and or practice that ill
be implemented to en ure that noi e rom
con truction acti itie doe not cau e an
en ironmental nui ance
ithin the meaning o
that term et out in the Environmental Protection
Act 1994 at any en iti e receptor tated in
chedule 1 o the Environmental Protection
(Noise) Policy 2008
identi y the procedure to be adopted or
i
monitoring o noi e emi ion
pro ide detail o complaint re pon e procedure
that ill be adopted
identi y the procedure to be adopted or re i ion
i
and re ie o the noi e management plan
he appro ed noi e management plan mu t be
g
complied ith and ept on ite at all time
19
Dust management
a
b
he relea e o du t and particulate matter rom
con truction acti itie mu t not cau e an
en ironmental nui ance
ithin the meaning o that
term et out in the Environmental Protection Act 1994
at any en iti e receptor tated in chedule 1 o the
Environmental Protection (Noise) Policy 2008
hen re ue ted by Council monitoring mu t be
underta en to in e tigate any complaint o
Timing
A indicated ithin the
ording o the
condition
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
19
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
en ironmental nui ance cau ed by du t or particulate
matter
c
he monitoring mu t be carried out
i
by a uitably uali ied pro e ional
ii
at the potentially a ected en iti e receptor
iii
by applying the procedure et out in chapter 5
part o the Environmental Protection Regulation
2008 and
ithin 5 bu ine day o receipt o the re ue t
i
rom Council
he data and monitoring re ult mu t be pro ided to
d
Council ithin bu ine day o completion o the
monitoring
e
the air uality ob ecti e tated in chedule 1 column
o the Environmental Protection (Air) Policy 2008
ha e been e ceeded at a en iti e receptor a du t
management plan mu t be ubmitted to Council or
appro al ithin 10 bu ine day o completion o the
monitoring
he du t management plan mu t
i
be prepared by a uitably uali ied pro e ional
ii
pro ide detail o ource o du t and particulate
emi ion
iii
identi y the mea ure and or practice that ill
be implemented to en ure that the relea e o du t
and particulate matter rom con truction acti itie
doe not cau e an en ironmental nui ance
ithin the meaning o that term et out in the
Environmental Protection Act 1994 at any
en iti e receptor tated in chedule 1 o the
Environmental Protection (Noise) Policy 2008
identi y the procedure to be adopted or
i
monitoring and reporting o air emi ion
pro ide detail o complaint re pon e procedure
that ill be adopted and
identi y the procedure to be adopted or re i ion
i
and re ie o the du t management plan
g
20
he appro ed du t management plan mu t be
complied ith and ept on ite at all time
Water usage
he u e o potable ater i not permitted in acti itie
a ociated ith road and pa ement con truction the
compaction o ill material or du t uppre ion he u e o
recycled ater i encouraged e pecially here other
alternati e ource do not e i t
here recycled ater i
propo ed to be u ed
he u e o the recycled ater mu t be in accordance
a
ith the re uirement o the old Coa t ater
Timing
At all time hile
are occurring
or
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
199
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Recycled ater Management Plan R MP
hich
et out the re uirement or tran port and u e o
recycled ater
b
he applicant mu t ir t complete the Recycled ater
er Operator raining ith old Coa t ater in
accordance ith the R MP Proo o completion o the
training cour e ill be by i ue o a alid certi ication
card
he applicant can only contract to u e a recycled ater
c
carrier ho i accredited and certi ied by old Coa t
ater Accreditation re uire a current authori ed
agreement bet een the ater carrier and old Coa t
ater and
d
he ater carrier i only allo ed to employ certi ied
tan er operator dri er
ho ha e completed the
recycled ater training cour e ith old Coa t ater
and hold a alid certi ication 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.
21
Workplace health and safety
he Workplace Health and Safety Act 2011 and A 1742
Manual of Uniform Traffic Control Devices mu t be complied
ith in carrying out the or
including en uring a e tra ic
control and a e public acce in re pect o or being
conducted on a road
22
Public safety to be ensured
he applicant mu t at no co t to Council en ure that all
rea onable a eguard in and around the or are
underta en and maintained at all time to en ure the a ety
o the public
uch a eguard include but are not limited to
erecting and maintaining barricade guard encing and
ign and en uring remo al a ter completion o or
and
atching and lagging tra ic
Timing
At all time hile
are occurring
or
Timing
At all time hile
are occurring
or
ELECTRICAL RETICULATION
23
Electricity supply to MCU developments and private
estates
he applicant mu t ubmit to Council a copy o the
Timing
Prior to the earlier o
Council compliance
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
200
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
Certi icate o upply rom an authori ed electricity upplier
a e ment o
eg
R
a e idence that underground
ubdi i ion plan or the
commencement o the
lo
oltage electricity upply i a ailable to the
a
u e
de elopment ite and all propo ed lot d elling
ithin the ite i e u icient or the ultimate u e o the
ite
b
24
n upplying po er to the ite no additional pole
and or pole mounted tran ormer are to be erected
ithin the road re er e
Telecommunications – MCU
he applicant mu t
a
b
c
Pro ide underground telecommunication to the
ub ect building lead in conduit and e uipment
pace in a uitable location ithin the building to
uit the carrier o choice
ne pit and pipe in ra tructure i re uired to be
in talled ithin the road re er e ronting the ite it
mu t be uitably i ed to cater or uture in tallation o
ibre optic cable
Pro ide certi ication to Council rom the authori ed
telecommunication carrier contractor that the or
and in ra tructure re uired abo e ha e been
underta en and in talled in accordance ith
telecommunication indu try tandard eg el tra
tandard
Timing
Prior to commencement
o the u e
HYDRAULICS
25
No worsening of hydraulic conditions
he de elopment mu t be de igned and con tructed o a to
re ult in
a
o increa e in pea lo rate do n tream rom the
ite
o increa e in lood le el e ternal to the ite and
b
c
o increa e in duration o inundation e ternal to the
ite that could cau e lo or damage
26
Alteration of overland flow paths
O erland lo path on the ite mu t not be altered in a ay
that inhibit or alter the characteri tic o e i ting o erland
lo
on other propertie or that create an increa e in lood
damage on other propertie
Timing
At all time
Timing
At all time
STORMWATER AND WATER QUALITY
27
Stormwater management plan to be complied with
he applicant mu t ubmit certi ication rom a Regi tered
Pro e ional ngineer ueen land RP
peciali ed in
torm ater management con irming that all or ha e been
carried out and completed in accordance ith the appro ed
Timing
he certi ication mu t
be ubmitted prior to
the commencement o
the u e o the
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
201
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
torm ater management report being torm ater
premi e
Management Plan or Propo ed Childcare Centre at ot 12
1 on RP 7176 92 latyer A enue undall prepared by
nobel Con ulting Pty td dated 14 April 2015
Information note:
hi condition i impo ed in accordance ith ection 665 o
the u tainable Planning Act 2009 i e non trun
in ra tructure
28
SQIDs maintenance management plan
All ongoing maintenance and monitoring o torm ater
treatment de ice e g bio retention y tem mu t be
underta en in accordance ith the appro ed torm ater
management plan
ection 1
ater en iti e rban
e ign uideline o CCC and e elopment guideline
and managed by the legal entity o the de elopment at no
co t to Council to the ati action o Chie
ecuti e O icer
Timing
At all time
EROSION AND SEDIMENT CONTROL
29
Erosion and sediment control
a
ro ion ediment and du t control mea ure mu t be
implemented in accordance ith the appro ed
plan dra ing and the Best Practice Erosion &
Sediment Control
CA Au trala ia o ember 200
b
ediment control tructure eg ediment ence mu t
be placed at the ba e o all material imported on ite
to mitigate any ediment runo
A perimeter bund and or di er ion drain mu t be
con tructed around the di turbed area to pre ent any
out ide clean torm ater rom mi ing ith
polluted contaminated torm ater
All polluted contaminated ater rom the ite including
de atering di charge mu t be treated to achie e the
ater uality ob ecti e in able 2 1 o the
Queensland Water Quality Guidelines
RM
eptember 2009 prior to di charging rom the ite
he ollo ing in pection program mu t be carried out
be ore the ite i ully rehabilitated
i
Regular in pection to en ure that ade uate
ero ion control mea ure are in place and in
good condition both during and a ter con truction
and
ii
n pection a ter each torm e ent to a e the
ade uacy o the ero ion control mea ure
he
applicant mu t recti y any damage or non
per orming ero ion control de ice and clean up
any ediment that ha le t the ite or i on the
road
ithin and e ternal to the ite
c
d
e
Timing
uring
con truction building
or
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
202
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
AMENITY
30
31
Hours of operation
a
All acti itie a ociated ith the operation o the u e
are to be conducted only bet een the hour o 7 00am
to 6 00pm Monday to riday public holiday e cluded
b
Playground acti ity mu t not occur be ore 7 00am
Delivery and collection hours
eli ery and collection acti itie mu t be conducted bet een
the hour o 7 00am to 6 00pm Monday to riday
32
Restricted paint colours
uilding and tructure mu t not be painted in highly
re lecti e bright or obtru i e colour
33
Location of equipment and ventilation/refrigeration units
All er ice e uipment mechanical entilation and
re rigeration unit a ociated ith the u e o the premi e
mu t be in talled located and creened to the ati action o
the Chie
ecuti e O icer o a not to cau e nui ance or
di turbance to per on out ide the curtilage o the premi e
34
Refuse storage area
A creened re u e torage area mu t be located on ite and
be connected to the internal plumbing and drainage y tem
to the ati action o the Chie
ecuti e O icer
35
Screening of storage
he torage o any machinery material or ehicle mu t be
creened o a not to be i ible rom any road to hich the
ite ha rontage to the ati action o the Chie
ecuti e
O icer
36
No nuisance from lighting
All lighting de ice mu t be po itioned on the premi e and
hielded to the ati action o the Chie
ecuti e O icer o
a not to cau e glare or other nui ance to urrounding
re ident and motori t
37
Acoustic barrier appearance
he 2 5 metre acou tic barrier located on the ea tern and
outhern boundarie mu t be de igned and con tructed to
the ati action o the Chie
ecuti e O icer and incorporate
the ollo ing
a
e de igned and con tructed ith aried material and
te ture a detailed in the acou tic report prepared by
CR Acou tic dated 27 April 2015 and letter dated 2
Timing
At all time once the
u e ha commenced
Timing
A indicated ithin the
ording o the
condition
Timing
At all time
Timing
At all time once the
u e ha commenced
Timing
Prior to the
commencement o the
u e and maintained or
the li e o the
de elopment
Timing
At all time once the
u e ha commenced
Timing
At all time
Timing
Prior to commencement
o the u e and
maintained at all time
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
20
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
April 2015 Re erence o 15020 report 14004 etter
2 04 15
b
a e all ection abo e 1 metre in height
con tructed ith tran parent material
ACOUSTICS
38
Acoustic design and construction
39
he de elopment mu t be de igned and con tructed in
accordance ith the recommendation outlined in the
acou tic report prepared by CR Acou tic dated 27 April
2015 Re erence o 15020 report
Any alteration to the de ign or con truction o the
de elopment that pre ent the recommendation o the
appro ed acou tic report being implemented ill re uire an
amended acou tic report to be ubmitted and appro ed by
Council
Compliance report
An acou tic compliance report prepared by a uitably
uali ied acou tic con ultant hall be ubmitted to Council
ee ing appro al he report hall certi y that the
de elopment ha been de igned and con tructed in
accordance ith the e tabli hed noi e criteria and
recommendation outlined in the appro ed acou tic report
40
Acoustic barrier
A 1 2 5 metre high acou tic barrier mu t be de igned and
con tructed in accordance ith the recommendation
detailed in the acou tic report prepared by CR Acou tic
dated 27 April 2015 and letter dated 2 April 2015
Re erence o 15020 report 14004 etter 2 04 15
41
Air conditioning
Air conditioning mu t be pro ided to all room a ected by
road tra ic noi e to en ure noi e a ected unit ha e
ade uate entilation ith a clo ed a ade
Timing
Prior to the i ue o a
de elopment permit or
building or
Timing
Prior to the i ue o a
de elopment permit or
building or
Timing
Prior to commencement
o the u e and
maintained at all time
Timing
Prior to the i ue o a
de elopment permit or
building or and
maintained at all time
VEGETATION MANAGEMENT
42
Vegetation works OPW application required
hi appro al doe not appro e egetation clearing or
damage A de elopment application or operational or
egetation or
mu t be made to and appro ed by
Council or any or propo ing clearing or damage to any
Protected egetation he application mu t be accompanied
by a copy o each o the ollo ing plan and here a plan
ha already been appro ed that plan mu t be accompanied
by the corre ponding appro al documentation ie deci ion
notice or letter o appro al
Timing
Prior to the
commencement o any
operational or
or
egetation clearing
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
204
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
a
he appro ed MC
RO layout plan
b
Plan clearly identi ying hich egetation i propo ed
to be remo ed and hich egetation i propo ed to be
retained
or thi condition Protected Vegetation i de ined a
egetation that i
• e ual to or in e ce o 40 centimetre in girth
circum erence mea ured at 1 metre abo e a erage
ground le el irre pecti e o the domain or AP or
• e ual to or in e ce o our metre in height in the Rural
Par i ing or merging Communitie
omain
urleigh
Ridge AP Coomera AP Precinct 7 9 and 10
Coomera o n Centre Precinct
10 and 11
Currumbin ill AP agleby AP Precinct 6
a t
Coomera a alpah Con er ation AP uragunbah AP
ope land AP Precinct
Mudgeeraba illage AP
erang AP Precinct 9 and 10
outh tradbro e AP
pland
r and oodland
ay AP
e t urleigh
o n hip AP or atala nterpri e Area AP
Note: The above condition also applies to retrospective
vegetation works OPW applications.
LANDSCAPE WORKS ON PRIVATE LAND
43
44
Detailed landscape plan to be submitted for approval
a
he applicant mu t ubmit to Council or appro al a
detailed land cape plan by ma ing a de elopment
application or operational or land cape or
b
ithout limiting the re uirement o the planning
cheme Landscape Work Specific Development
Code the detailed land cape plan mu t
e prepared by a uali ied land cape architect or
i
imilar land cape de ign pro e ional
e in general accordance ith the tatement o
ii
and cape ntent being plan no 150 CP1 2
re A title A
CAP P A
O
date
April 2015 prepared by MAR
A OC
A
CAP ARC
C
iii
Re lect the appro ed layout including any
amendment to that layout re uired by the e
condition and the condition o thi appro al
and
Comply ith Planning Scheme Policy 13 –
i
Landscape Strategy Part 2 – Landscape Works
Documentation Manual
The required landscaping plan must also demonstrate
the following:
a
ree pecie mu t be nati e e ergreen canopy hade
tree
ith a minimum bag i e o 100litre at the time o
Timing
Appro al o propo ed
land cape or mu t
be obtained prior to the
earlier o the
commencement o
operational or
land caping or the
i ue o a certi icate o
cla i ication
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
205
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
planting
Palm pecie mu t be a minimum metre in height at
b
the time o planting
creening hrub pecie mu t be a minimum 45 litre
c
pot i e at the time o planting
hrub pecie mu t be a minimum 00 pot i e at the
d
time o planting
45 Frontage Fencing
rontage encing or thi de elopment mu t comply ith the
ollo ing he ence rece e are et bac a minimum
00mm ithin the ite boundary and creen hrub planting
are incorporated bet een the ence and the boundary
46
Car Park bays Eastern Boundary
he a tern boundary car tree planting bay mu t be
e tended an e tra 500mm bet een car par pace
here
tree are propo ed ree mu t be then planted at 1 metre
o ence line
SEWERAGE
47
Application for compliance permit for sewerage works
required
he applicant mu t ma e an application to Council Plumbing
and rainage er ice or a compliance permit or any
compliance a e able e erage or
ithin the property
ithout limiting the re uirement o the Plumbing and
Drainage Act 2002 ith hich the or mu t comply the
application mu t
be accompanied by a hydraulic de ign or all e erage
or
ithin the property
b
comply ith Council
i
Trade Waste Policy and
ii
Trade Waste Pre-treatment Policy and
Guidelines) and
c
comply ith Council
a te Management Policy
Relating to Re u e Re uirement or Propo ed and
i ting uilding e elopment
ithin the City o old
Coa t dated anuary 1995
Information note:
a
• 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 ite
e erage or
occurring on ite
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
206
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
48
Sewer reticulation
he de elopment mu t be connected to Council
e er reticulation y tem at the applicant co t
a
b
he i e o the e er property er ice connection hall
be a minimum 150mm unle it can be demon trated
to old Coa t ater that the e i ting 100mm property
connection i
i
Timing
Prior to commencement
o the u e o the
premi e
uitably located
ii
meet hydraulic capacity
and
iii
in ound condition a e ed by clo ed circuit
tele i ion CC
material and age
in accordance ith ection 4 5 4 o the
e erage
e ign Con truction Code
C Code
49
Design, construction and standard of sewer reticulation
he de ign con truction and tandard o the re uired e er
reticulation in ra tructure to be carried out by the applicant
mu t be in accordance ith outh a t ueen land ater
upply and e erage e ign and Con truction Code
C Code
50
Connection point
he e i ting 150mm e er main near the north ea tern
corner o the de elopment ite mu t be u ed a the
connection point unle other i e appro ed by old Coa t
ater
51
Connections and disconnections – arrangements with
Gold Coast Water
All connection and di connection to the e i ting e erage
net or are to be at the applicant co t he applicant mu t
obtain ritten appro al or the connection and di connection
to the e i ting ater net or rom old Coa t ater phone
1 00 694 222
52
Redundant Sewer Property Connections
he applicant mu t ma e an application or old Coa t
ater to remo e or to eal and cap any redundant e er
property er ice connection at the applicant co t
ecommi ioning o redundant a et mu t comply ith
Gold Coast Waters Network Development and Connections
Policy and Procedure.
Timing
At all time
Timing
Prior to commencement
o the u e o the
premi e
Timing
Prior to connection to
e i ting in ra tructure
Timing
Prior to the earlier o
acceptance o any
or
On
Maintenance or
commencement o the
u e o the premi e
WATER SUPPLY RETICULATION
53
Application for compliance permit for water supply
plumbing work required
he applicant mu t ma e an application to Council Plumbing
and rainage er ice or a compliance permit or any
Timing
Prior to or
occurring
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
207
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
compliance a e able ater upply plumbing or ithin
the property
ithout limiting the re uirement o the
Plumbing and Drainage Act 2002 ith hich the or mu t
comply the application mu t
a
be accompanied by a hydraulic de ign or all ater
er ice ithin the property and
b
comply ith ection 7 o Council 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
54
Water supply reticulation (potable only)
he de elopment mu t be connected to Council potable
ater upply y tem at no co t to Council
55
Design, construction and standard of water supply
reticulation
Timing
Prior to commencement
o u e
Timing
At all time
he de ign con truction and tandard o the re uired ater
upply reticulation in ra tructure to be carried out by the
applicant mu t be in accordance ith outh a t
ueen land ater upply and e erage e ign and
Con truction Code
C Code
56
Connection point
a
b
57
he e i ting 100mm potable ater main in Poinciana
Cre cent mu t be u ed a the potable ater upply
connection point unle other i e appro ed by old
Coa t ater
here main e i t on the oppo ite ide o the treet
conduit are re uired to be in talled to er ice the
propo ed de elopment by thru t boring the road open
cutting o the road i not permitted
Installation of property service, water meter box and
meter
he applicant mu t
a
Ma e application to old Coa t ater or old Coa t
ater A et Audit and ando er ection phone
1 00 694 222 to arrange the property er ice meter
bo and meter in tallation
i
he property er ice ater meter bo and ater
meter hall be pro ided at the boundary o the
de elopment ite in accordance ith outh a t
ueen land e ign and Con truction Code
C Code and or any applicable CO C policie
and procedure at the applicant co t
Timing
Prior to commencement
o the u e o the
premi e
Timing
Prior to commencement
o the u e o the
premi e
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
20
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
b
58
Ma e application or old Coa t ater to remo e any
redundant ater meter and or er ice at the
applicant co t Remo al mu t comply ith Gold Coast
Waters Network Development and Connections Policy
and Procedure.
Connections and disconnections – arrangements with
Gold Coast Water
All connection and di connection to the e i ting ater
net or are to be at the applicant co t he applicant mu t
obtain ritten appro al or the connection and di connection
to the e i ting ater net or rom old Coa t ater phone
1 00 694 222
59
Supply standard
he applicant mu t pro ide ater upply to the tandard
peci ied in old Coa t City Council Land Development
Guidelines and old Coa t ater Development Network
and Connection Procedure
60
Fire loading
ire loading mu t not e ceed 15
or 2 hour duration
Timing
Prior to connection to
e i ting in ra tructure
Timing
At all time
Timing
At all time
ADVISORY NOTES TO APPLICANT
B
Compliance with the Food Act 2006 and Council’s minimum requirements for
food premises
he operation hall comply ith the Food Act 2006 and Council minimum
re uirement or ood premi e
he operator hall en ure all appro al are ought
rom the ealth Regulatory and i eguard er ice ranch o Council prior to
commencement o the u e that i the ub ect o thi appro al
C
Conditions contained within the Decision Notice
here applicable condition o appro al in thi eci ion otice ha e a eparate timing
component to clari y hen compliance ith the condition mu t be achie ed hi
timing component orm part o the condition it el
D
Properly made submissions
here ere properly made ubmi ion about the application he name and addre
o the principal ubmitter or each properly made ubmi ion i attached to the deci ion
notice
E
Rights of appeal
he applicant ha a right o appeal to the Planning and n ironment Court regarding
thi deci ion pur uant to section 461 of the Sustainable Planning Act 2009 A copy o
that ection i attached to the deci ion notice
or particular material change o u e an appeal can al o be made to a uilding and
e elopment Committee Plea e re er to the prere ui ite in sections 519 and 522 of
the Sustainable Planning Act 2009 attached to thi deci ion notice to determine
hether you ha e appeal right to a uilding and e elopment Committee
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
209
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
ubmitter ho made properly made ubmi ion ha e a right o appeal to the
Planning and n ironment Court regarding thi deci ion pur uant to section 462 of the
Sustainable Planning Act 2009 A copy o that ection i attached to the deci ion
notice
F
Applicant responsibilities
he applicant i re pon ible or ecuring all nece ary appro al and tenure pro iding
tatutory noti ication and complying ith all rele ant la
othing in thi deci ion notice alle iate the need or the applicant to comply ith all
rele ant local tate and Common ealth la and to en ure appropriate tenure
arrangement ha e been made here the u e o reliance upon land other than that
o ned by the applicant i in ol ed
ithout limiting thi obligation the applicant i
re pon ible or
a
Obtaining all other urther nece ary appro al licence permit re ource
entitlement etc by hate er name called re uired by la be ore the
de elopment the ub ect o thi appro al can be la ully commenced and to carry
out the acti ity or it duration
b
Pro iding any noti ication re uired by la by ay o e ample only to noti y the
admini tering authority pur uant to the Environmental Protection Act 1994 o
en ironmental harm being cau ed threatened by the acti ity and upon becoming
a are the premi e i being u ed or a noti iable acti ity
c
ecuring tenure permi ion rom the rele ant o ner to u e pri ate or public land
not o ned by the applicant including or acce re uired by condition o
appro al
d
n uring the correct iting o tructure on the land An identi ication ur ey
demon trating correct iting and etbac o tructure may be re ue ted o the
applicant to en ure compliance ith thi deci ion notice and applicable code
e
Pro iding Council ith proo o payment o the Portable ong er ice ea e
building con truction le y or proo o appropriate e emption here the alue o
the Operational or e ceed 150 000 Acceptable proo o payment i a
ea e
oti ication and Payment orm appro ed by the Authority Proo o
payment mu t be pro ided be ore Council can i ue a de elopment permit or the
Operational or
hi i a re uirement o ection 77 1 o the Building and
Construction Industry (Portable Long Service Leave) Act 1991; and
Ma ing payment o any out tanding Council rate and charge applicable to the
de elopment ite prior to the lodgement o ubdi i ion plan
G
Indigenous cultural heritage legislation and duty of care requirement
he Aboriginal Cultural Heritage Act 2003 AHCA i admini tered by the epartment
o Aboriginal and orre trait lander and Multicultural A air
A
MA he A CA
e tabli he a duty o care to ta e all rea onable and practicable mea ure to en ure
any acti ity doe not harm Aboriginal cultural heritage hi duty o care
a
not negated by the i uing o thi de elopment appro al
b
Applie on all land and ater including reehold land
c
ie ith the per on or entity conducting an acti ity and
d
breached i ub ect to criminal o ence penaltie
ho e propo ing an acti ity in ol ing ur ace di turbance beyond that hich ha
already occurred at the propo ed ite mu t ob er e thi duty o care
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
210
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
etail o ho to ul il thi duty o care are outlined in the duty o care guideline
ga etted ith the A CA
he applicant hould contact A
MA Cultural eritage Coordination nit on 07
405 050 or urther in ormation on the re pon ibilitie o de eloper under the A CA
H
Greenhouse gas emissions
A part o Council commitment to reducing greenhou e ga emi ion Council i
encouraging the e pan ion o the natural ga reticulation net or n particular the u e
o natural ga hot ater y tem ill re ult in igni icantly le greenhou e ga
emi ion than e ui alent electric torage hot ater y tem
he applicant hould contact the local natural ga reticulator APA roup to arrange
an a e ment o the uitability o the propo ed de elopment or connection to the
e i ting ga reticulation net or Plea e contact Ramon O ee e on 04 70 79 or
email ramon o ee e apa com au
I
Infrastructure charges
n ra tructure charge are no le ied under a Charge Re olution by ay o an
n ra tructure Charge otice hich accompanie thi deci ion notice
J
Obligation to ensure electrical safety
nder the Electrical Safety Act 2002 you ha e an obligation to en ure your bu ine or
underta ing i conducted in an electrically a e ay hether or not it i electrical or
there i a rea onable li elihood that your or may cau e a per on ehicle
operating plant or e uipment to come into contact ith an o erhead electric line you
mu t con ult ith the per on in control o po erline
Per on
ehicle operating plant or e uipment mu t tay out ide the de ined
e clu ion one applicable to the po erline
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.
K
Water restrictions to be complied with
All per on and or companie engaging in land caping or mu t comply ith current
ater re triction
he e re triction detail peci ic time and method or the atering
o ne ly e tabli hed garden and tur or both re idential and non re idential
de elopment
Any per on or company ound contra ening current ater re triction may incur ine
o up to 200 penalty unit
Water Supply (Safety and Reliability) Act 2008 ection 4
1 Penalty nit
100 00
Author:
hane
Authorised by:
etering
Planning O icer
29 eptember 2015
Ali ha
ain
Acting irector Planning and n ironment
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
211
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT)
FOR A CHILDCARE CENTRE - LOT 12 ON RP87176 AND LOT 13 ON RP87176 - 92
SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
COMMITTEE RECOMMENDATION
CP15.1014.003
moved Cr Owen-Jones
seconded Cr Betts
That Council resolves as follows:
Real property description
Lot 12 on RP87176 , Lot 13 on RP87176
Address of property
92 Slatyer Avenue Bundall
Area of property
1022m2
Decision type
Development Permit for a Material Change of Use for
a Childcare Centre
Further development permits
Building Works, Operational Works (Landscape
Works), Operational Works (Vegetation Works),
Vehicular Crossover
Further compliance permits
Sewerage Works, Water Supply Plumbing
Compliance assessment required
for documents or works
Acoustic Compliance Report
NATURE OF DECISION
A
Council approves the issue of a development permit for material change of use for a
Childcare Centre, subject to the following conditions:
APPROVED DRAWINGS
1
Amended plans/drawings to be submitted
a
Plan No.
Amended plans/drawings must be submitted generally in accordance with:
Rev.
Title
Date
Prepared by
SK-02A
-
Site Plan
29/06/2015
Black Ink Architecture
SK-03A
-
Ground Floor
29/06/2015
Black Ink Architecture
SK-04A
-
Ground Floor
29/06/2015
Black Ink Architecture
SK-05A
-
Roof
29/06/2015
Black Ink Architecture
SK-06
-
Elevations 1
29/06/2015
Black Ink Architecture
SK-07
-
Elevations 1
29/06/2015
Black Ink Architecture
SK-08
-
Elevations 1
29/06/2015
Black Ink Architecture
SK-09
-
Impressions 1
29/06/2015
Black Ink Architecture
SK-10
-
Impressions 2
29/06/2015
Black Ink Architecture
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
212
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
showing the following amendments:
i
Coloured elevations of all acoustic barriers,
including details of materials, textures and
colours.
ii
Widen the vehicle crossing and driveway at the
front property boundary to a minimum of 5.5m,
suitable for two way traffic. This could possibly be
achieved by minor narrowing of the pedestrian
entry path from Poinciana Crescent.
b
iii
Remove of the pedestrian sight triangle shown on
the northern side of the driveway which is not
required by Section 3.2.4b of AS2890.1-2004
Parking Facilities Part 1: Off Street Car Parking.
iv
Provide wheel stops to all car parking spaces
fronting onto an areas used by pedestrians
designed in accordance with Section 2.4.5.4 of
AS2890.1-2004 Parking Facilities Part 1: Off
Street Car Parking.
The amended plans/drawings are to be submitted to
Council for approval by the Chief Executive Officer prior
to:
i
Issue of a development permit for the carrying out
of building work.
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 or operational works application relating to or
arising from this development approval.
3
Decision notice and approved plans/drawings to be
retained on site
Timing
As indicated within the
wording of the
condition.
Timing
At all times.
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.
4
Lots to be amalgamated
Lots 12 on RP87176 and Lot 13 on RP87176 must be
amalgamated into one lot. The plan of amalgamation must
be registered.
Timing
Prior to commencement
of the use of the
premises.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
21
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
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.
Timing
After successful
completion of any prestart inspections
required by conditions
of this or other
development approvals
and at least 5 business
days prior to
commencement of any
works on site.
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/formsapplications.html.
WORKS - COMPLIANCE
6
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.
CAR PARKING AND ACCESS
7
Off street car parking facilities
a
b
c
Off-street car parking facilities must be designed,
constructed and maintained to the satisfaction of the
Chief Executive Officer, at no cost to Council, in
accordance with AS2890.1 (latest version).
Off-street facilities for car parking must only be used for
vehicle parking.
A minimum combined total of 15 off-street car parking
spaces must be provided for on-site.
Timing
Prior to the
commencement of the
use and at all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
214
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
d
Designated staff parking located facing the eastern
boundary
e
Off-street car parking facilities must be drained, sealed
and line marked.
8
Maximum staff and children numbers
No more than 6 staff and 45 children may be present on the
site at any one time.
9
Freely accessible visitor car parking
a
b
c
10
All car parking must be accessible, not subject to
regulations or restrictions, to staff for the time the use
or premises is open for business and to bona fide
visitors for the duration of any visit to the site.
Car parking for staff and visitors must have no
gateways, doors or similar devices, including fobs or
swipe cards that restrict access to those parking
spaces during business hours.
Staff and visitor parking must be clearly identifiable
through the provision of appropriate signage and line
marking. Signage and line marking must be designed,
constructed and maintained to the satisfaction of the
Chief Executive Officer, at no cost to Council.
Signs and line marking
In addition to signs and line marking required by AS2890.1,
the following must be installed and maintained to the
satisfaction of the Chief Executive Officer and at no cost to
Council:
a
Signs and line marking to identify persons with
disabilities parking (AS2890.6).
11
Sight lines to pedestrians
Where a driveway meets a property boundary to a public
roadway, clear (triangulated) sight lines must be provided
and maintained. The sight lines must be 2 metres wide,
provided on the exit side of the driveway, for a length of 2.5
metres back into the site, in accordance with Figure 3.4 –
Minimum dimensions for access driveway sight splays for
pedestrians of AS2890.2. The area within these sight
triangles must be kept clear of obstructions.
Timing
At all times once the
use has commenced.
Timing
Prior to the
commencement of the
use and at all times.
Timing
Prior to the
commencement of the
use and at all times.
Timing
Prior to the
commencement of the
use and at all times.
VEHICULAR CROSSINGS AND DRIVEWAYS
12
Vehicular crossings
a
The vehicular crossings (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,
Timing
Prior to commencement
of the use on the site.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
215
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
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.
13
Relocation of power pole
There must be a minimum separation of 1.5 metres between
the power pole and the crossover (including the splays). If
this cannot be achieved, the pole must be relocated to
provide the minimum separation. The applicant must obtain
all necessary approvals associated with the relocation of the
power pole and undertake the relocation to the satisfaction of
the Chief Executive officer, at no cost to Council.
Timing
Prior to the
commencement of the
use.
Alternatively, the applicant may choose to relocate the
crossing to provide a minimum separation of 1.5 metres from
the crossover (including the splays) on the provision that all
other conditions are met.
14
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.
ROAD RESERVE ALTERATIONS/RECONSTRUCTION
15
Reconstruction of kerb and channel / footpath
a
b
Where kerb and channel / footpath is removed or
damaged, the applicant must reconstruct the kerb and
channel / footpath for the full frontages of the
development site at Slatyer Avenue and Poinciana
Crescent 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.
The reconstruction of any service pits or infrastructure
necessary to achieve the requirements of Planning
Scheme Policy 11 – Land Development Guidelines,
Standard Specifications and Drawings when
constructing/reconstructing kerb and channel and
footpaths is to be at the applicant’s cost and at no cost
to Council.
Timing
Prior to the earlier of a
request for compliance
assessment of the
subdivision plan or the
commencement of the
use of the premises.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
216
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR
ROAD RESERVE
16
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 line marking.
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.
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.
CONSTRUCTION MANAGEMENT
17
Construction management plan
Part A Construction Management Requirements
a
The construction management plan must be submitted
in accordance with the Application for Construction
Management Plan form and Guidelines for
Construction Management Plans are available on
Timing
A construction
management plan must
be submitted to, and
approved by, Council
prior to the issue of any
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
217
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
development permit for
Council’s website.
the carrying out of
b
The construction management plan must address all
building work.
activities associated with construction (excluding noise
and dust issues), including but not limited to:
The approved
i
Vehicle access (including responsibility for
construction
maintenance of the defined cartage route) during management plan must
hours of construction;
be complied with and
ii
Traffic management (including loading and
kept on-site at all times
unloading);
during construction
works.
iii
Parking of vehicles (including on site employees
and delivery vehicles);
iv
Maintenance of safe pedestrian movement
across the site’s frontage/s (including by people
with disabilities);
v
Building waste / refuse disposal;
vi
Presentation of hoarding to the street;
vii
Tree management.
c
The construction management plan must demonstrate
that:
i
the general public will be adequately protected
from construction activities;
ii
the building site will be kept clean and tidy to
maintain public safety and amenity; and
iii
demand for occupation of the street and
protection of Council assets will be well managed.
d
The approved construction management plan must be
complied with and kept on-site at all times.
Part B Road/footpath Closure Requirements
Where as a result of construction work or activities it is
necessary to temporarily close a road/footpath under the
control of Council the following requirements will apply.
a
b
c
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.
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.
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.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
21
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
18
Noise management
a
b
c
d
e
f
g
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.
When requested by Council, monitoring must be
undertaken to investigate any complaint of
environmental nuisance caused by noise.
The monitoring must be carried out:
i
by a suitably qualified acoustic engineer;
ii
at the potentially affected sensitive receptor/s;
iii
by applying the procedure set out in chapter 5,
part 3 of the Environmental Protection Regulation
2008; and
iv
within 5 business days of receipt of the request
from Council.
The data and monitoring results must be provided to
Council within 3 business days of completion of the
monitoring.
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.
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.
The approved noise management plan must be
complied with and kept on-site at all times.
Timing
As indicated within the
wording of the
condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
219
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
19
Dust management
a
b
c
d
e
f
g
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.
When requested by Council, monitoring must be
undertaken to investigate any complaint of
environmental nuisance caused by dust or particulate
matter.
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,
part 3 of the Environmental Protection Regulation
2008; and
iv
within 5 business days of receipt of the request
from Council.
The data and monitoring results must be provided to
Council within 3 business days of completion of the
monitoring.
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.
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.
The approved dust management plan must be
complied with and kept on-site at all times.
Timing
As indicated within the
wording of the
condition.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
220
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
20
Water usage
The use of potable water is not permitted in activities
associated with road and pavement construction, the
compaction of fill material or dust suppression. The use of
recycled water is encouraged, especially where other
alternative sources do not exist. Where recycled water is
proposed to be used:
a
The use of the recycled water must be in accordance
with the requirements of the Gold Coast Water
Recycled Water Management Plan (RWMP), which
sets out the requirements for transport and use of
recycled water;
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.
21
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.
22
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,
Timing
At all times while works
are occurring.
Timing
At all times while works
are occurring.
Timing
At all times while works
are occurring.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
221
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
erecting and maintaining barricades, guards, fencing and
signs (and ensuring removal after completion of works) and
watching and flagging traffic.
ELECTRICAL RETICULATION
23
Electricity supply to MCU developments and private
estates
The applicant must submit to Council a copy of the
‘Certificate of Supply’ from an authorised electricity supplier
(e.g. ENERGEX) as evidence that underground
a
low-voltage electricity supply is available to the
development site and all proposed lots / dwellings
within the site (i.e. sufficient for the ultimate use of the
site).
b
In supplying power to the site, no additional poles
and/or pole-mounted transformers are to be erected
within the road reserve.
24
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 the earlier of
Council compliance
assessment of
subdivision plans or the
commencement of the
use.
Timing
Prior to commencement
of the use.
HYDRAULICS
25
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.
26
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.
Timing
At all times.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
222
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
STORMWATER AND WATER QUALITY
27
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 report, being “Stormwater
Management Plan for Proposed Childcare Centre at Lots 1213 on RP87176, 92 Slatyer Avenue Bundall” prepared by
Knobel Consulting Pty Ltd dated 14 April 2015.
Information note:
This condition is imposed in accordance with section 665 of
the Sustainable Planning Act 2009 (i.e. non-trunk
infrastructure).
28
SQIDs maintenance management plan
All ongoing maintenance and monitoring of stormwater
treatment devices (e.g. bio-retention system) must be
undertaken in accordance with the approved stormwater
management plan / Section 13 (Water Sensitive Urban
Design Guidelines) of GCCC Land Development guidelines
and managed by the legal entity of the development, at no
cost to Council to the satisfaction of Chief Executive Officer.
Timing
The certification must
be submitted prior to
the commencement of
the use of the
premises.
Timing
At all times.
EROSION AND SEDIMENT CONTROL
29
Erosion and sediment control
a
Erosion, sediment and dust control measures must be
implemented in accordance with the approved
plan/drawings and the Best Practice Erosion &
Sediment Control (IECA Australasia, November 2008).
b
Sediment control structures (eg. sediment fence) must
be placed at the base of all materials imported on-site
to mitigate any sediment runoff.
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.
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.
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
c
d
e
Timing
During
construction/building
works.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
22
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
ii
Inspections after each storm event to assess the
adequacy of the erosion control measures. The
applicant must rectify any damage or nonperforming erosion control devices and clean up
any sediment that has left the site or is on the
roads within and external to the site.
AMENITY
30
Hours of operation
a
b
31
All activities associated with the operation of the use
are to be conducted only between the hours of 7:00am
to 6:00pm, Monday to Friday, public holidays excluded.
Playground activity must not occur before 7:00am.
Delivery and collection hours
Delivery and collection activities must be conducted between
the hours of 7:00am to 6:00pm Monday to Friday.
32
Restricted paint colours
Buildings and structures must not be painted in highly
reflective, bright or obtrusive colours.
33
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.
34
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.
35
Screening of storage
The storage of any machinery, materials or vehicles must be
screened so as not to be visible from any road to which the
site has frontage, to the satisfaction of the Chief Executive
Officer.
36
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.
37
Acoustic barrier appearance
The 2.5 metre acoustic barrier located on the eastern and
southern boundaries must be designed and constructed to
Timing
At all times once the
use has commenced.
Timing
As indicated within the
wording of the
condition.
Timing
At all times.
Timing
At all times once the
use has commenced.
Timing
Prior to the
commencement of the
use and maintained for
the life of the
development.
Timing
At all times once the
use has commenced.
Timing
At all times.
Timing
Prior to commencement
of the use and
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
224
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
the satisfaction of the Chief Executive Officer and incorporate maintained at all times.
the following:
a
Be designed and constructed with varied materials and
textures as detailed in the acoustic report prepared by
CRG Acoustics dated 27 April 2015 and letter dated 23
April 2015 (Reference No. 15020 report & 14004 Letter
23_04_15).
b
Have all sections above 1.8 metres in height
constructed with transparent materials.
ACOUSTICS
38
Acoustic design and construction
39
The development must be designed and constructed in
accordance with the recommendations outlined in the
acoustic report prepared by CRG Acoustics dated 27 April
2015 (Reference No. 15020 report).
Any alteration to the design or construction of the
development that prevents the recommendations of the
approved acoustic report being implemented will require an
amended acoustic report to be submitted and approved by
Council.
Compliance report
An acoustic compliance report prepared by a suitably
qualified acoustic consultant shall be submitted to Council
seeking approval. 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.
40
Acoustic barrier
A 1.8-2.5 metre high acoustic barrier must be designed and
constructed in accordance with the recommendations
detailed in the acoustic report prepared by CRG Acoustics
dated 27 April 2015 and letter dated 23 April 2015
(Reference No. 15020 report & 14004 Letter 23_04_15).
41
Air conditioning
Air conditioning must be provided to all rooms affected by
road traffic noise to ensure noise-affected units have
adequate ventilation with a closed fa ade.
Timing
Prior to the issue of a
development permit for
building works.
Timing
Prior to the issue of a
development permit for
building works.
Timing
Prior to commencement
of the use and
maintained at all times.
Timing
Prior to the issue of a
development permit for
building works and
maintained at all times.
VEGETATION MANAGEMENT
42
Vegetation works OPW application required
This approval does not approve vegetation clearing or
damage. A development application for operational work
(vegetation works) must be made to and approved by
Council for any works proposing clearing or damage to any
Protected Vegetation. The application must be accompanied
Timing
Prior to the
commencement of any
operational works for
vegetation clearing.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
225
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
by a copy of each of the following plans (and, where a plan
has already been approved, that plan must be accompanied
by the corresponding approval documentation (ie. decision
notice or letter of approval)):
a
The approved MCU / ROL layout plan.
b
Plans clearly identifying which vegetation is proposed
to be removed and which vegetation is proposed to be
retained.
For this condition ‘Protected Vegetation’ is defined as
vegetation that is:
x equal to, or in excess of, 40 centimetres in girth
(circumference) measured at 1.3 metres above average
ground level irrespective of the domain or LAP; or
x equal to, or in excess of, four metres in height in the Rural,
Park Living or Emerging Communities Domains, Burleigh
Ridge LAP, Coomera LAP (Precincts 7, 9 and 10),
Coomera Town Centre (Precincts 8, 10 and 11),
Currumbin Hill LAP, Eagleby LAP (Precinct 6), East
Coomera/Yawalpah Conservation LAP, Guragunbah LAP,
Hope Island LAP (Precinct 3), Mudgeeraba Village LAP,
Nerang LAP (Precincts 9 and 10), South Stradbroke LAP,
Uplands Dr and Woodlands Way LAP, West Burleigh
Township LAP or Yatala Enterprise Area LAP.
Note: The above condition also applies to retrospective
vegetation works OPW applications.
LANDSCAPE WORKS ON PRIVATE LAND
43
Detailed landscape plan to be submitted for approval
a
The applicant must submit to Council for approval a
detailed landscape plan, by making a development
application for operational work (landscape work).
b
Without limiting the requirements of the planning
scheme’s Landscape Work Specific Development
Code, the detailed landscape plan must:
i
Be prepared by a qualified landscape architect or
similar landscape design professional;
ii
Be in general accordance with the Statement of
Landscape Intent, being plan no 1503-LCP1/2,
rev A, title LANDSCAPE PLAN/NOTES, date
April 2015, prepared by MARK BALDOCK
LANDSCAPE ARCHITECT;
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 Planning Scheme Policy 13 –
Landscape Strategy Part 2 – Landscape Works
Documentation Manual.
Timing
Approval of proposed
landscape work must
be obtained prior to the
earlier of the
commencement of
operational works
(landscaping) or the
issue of a certificate of
classification.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
226
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
44 The required landscaping plan must also demonstrate
the following:
a
b
c
d
45
Tree species must be native evergreen canopy shade
trees with a minimum bag size of 100litre at the time of
planting.
Palm species must be a minimum 3 metres in height at
the time of planting.
Screening shrub species must be a minimum 45 litre
pot size at the time of planting.
Shrub species must be a minimum 300 pot size at the
time of planting.
Frontage Fencing
Frontage fencing for this development must comply with the
following. The fence recesses are set back a minimum
800mm within the site boundary and screen shrub plantings
are incorporated between the fence and the boundary.
46
Car Park bays Eastern Boundary
The Eastern boundary car trees planting bays must be
extended an extra 500mm between car park spaces where
trees are proposed. Trees must be then planted at 1 metre
off fence line.
SEWERAGE
47
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:
x 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.
x Plumbing and drainage approval is not an approval to
discharge trade waste to Council’s sewerage system. The
Timing
Prior to any on-site
sewerage works
occurring on site.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
227
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
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.
48
Sewer reticulation
a
b
49
The development must be connected to Council’s
sewer reticulation system at the applicant’s cost.
The size of the sewer property service connection shall
be a minimum 150mm, unless it can be demonstrated
to Gold Coast Water that the existing 100mm property
connection is:
i
suitably located,
ii
meets hydraulic capacity, and
iii
in sound conditions assessed by closed-circuit
television (CCTV), material and age.
in accordance with Section 4.5.4 of the SEQ Sewerage
Design & Construction Code (SEQ D&C Code).
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).
50
Connection point
The existing 150mm sewer main near the north eastern
corner of the development site, must be used as the
connection point, unless otherwise approved by Gold Coast
Water.
51
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 water network from Gold Coast Water (phone
1300 694 222).
52
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 applicants cost.
Decommissioning of redundant assets must comply with
Gold Coast Waters Network Development and Connections
Policy and Procedure.
Timing
Prior to commencement
of the use of the
premises.
Timing
At all times.
Timing
Prior to commencement
of the use of the
premises.
Timing
Prior to connection to
existing infrastructure.
Timing
Prior to the earlier of
acceptance of any
works ‘On
Maintenance’ or
commencement of the
use of the premises.
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
22
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
WATER SUPPLY RETICULATION
53
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.
54
55
Water supply reticulation (potable only)
Timing
Prior to works
occurring.
The development must be connected to Council’s potable
water supply system at no cost to Council.
Timing
Prior to commencement
of use.
Design, construction and standard of water supply
reticulation
Timing
At all times.
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).
56
Connection point
a
b
57
The existing 100mm potable water main in Poinciana
Crescent must be used as the potable water supply
connection point, unless otherwise approved by Gold
Coast Water.
Where mains exist on the opposite side of the street,
conduits are required to be installed to service the
proposed development by thrust boring the road (open
cutting of the road is not permitted).
Installation of property service, water meter box and
meter
The applicant must:
a
Make application to Gold Coast Water for Gold Coast
Water’s Asset Audit and Handover Section (phone
1300 694 222) to arrange the property service, meter
box and meter installation.
i
The property service, water meter box and water
meter shall be provided, at the boundary of the
Timing
Prior to commencement
of the use of the
premises.
Timing
Prior to commencement
of the use of the
premises
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
229
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
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;
b
58
Make application for Gold Coast Water to remove any
redundant water meters and/or services, at the
applicant's cost. Removal must comply with Gold Coast
Waters Network Development and Connections Policy
and Procedure.
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).
59
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.
60
Fire loading
Fire loading must not exceed 15L/s for 2 hours duration.
Timing
Prior to connection to
existing infrastructure.
Timing
At all times.
Timing
At all times.
ADVISORY NOTES TO APPLICANT
B
Compliance with the Food Act 2006 and Council’s minimum requirements for
food premises
The operation shall comply with the Food Act 2006 and Council’s minimum
requirements for food premises. The operator shall ensure all approvals are sought
from the Health, Regulatory and Lifeguard Services Branch of Council prior to
commencement of the use that is the subject of this approval.
C
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.
D
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.
E
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
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
2 0
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
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.
F
Applicant responsibilities
The applicant is responsible for securing all necessary approvals and tenure, providing
statutory notifications and complying with all relevant laws.
Nothing in this decision notice alleviates the need for the applicant to comply with all
relevant local, State and Commonwealth laws and to ensure appropriate tenure
arrangements have been made where the use of/reliance upon land other than that
owned by the applicant is involved. Without limiting this obligation, the applicant is
responsible for:
a
Obtaining all other/further necessary approvals, licences, permits, resource
entitlements etc by whatever name called required by law before the
development the subject of this approval can be lawfully commenced and to carry
out the activity for its duration;
b
Providing any notifications required by law (by way of example only, to notify the
administering authority pursuant to the Environmental Protection Act 1994 of
environmental harm being caused/threatened by the activity, and upon becoming
aware the premises is being used for a ‘notifiable activity’);
c
Securing tenure/permission from the relevant owner to use private or public land
not owned by the applicant (including for access required by conditions of
approval);
d
Ensuring the correct siting of structures on the land. An identification survey
demonstrating correct siting and setbacks of structures may be requested of the
applicant to ensure compliance with this decision notice and applicable codes;
e
Providing Council with proof of payment of the Portable Long Service Leave
building construction levy (or proof of appropriate exemption) where the value of
the Operational Works exceeds $150,000. Acceptable proof of payment is a
Q.Leave – Notification and Payment Form approved by the Authority. Proof of
payment must be provided before Council can issue a development permit for the
Operational Works. This is a requirement of section 77(1) of the Building and
Construction Industry (Portable Long Service Leave) Act 1991; and
f
Making payment of any outstanding Council rates and charges applicable to the
development site prior to the lodgement of subdivision plans.
G
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
706th Council Meeting 20 October 2015
City Planning Committee Meeting 14 October 2015
2 1
Adopted Report
ITEM 3 (CONTINUED)
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE
CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7
PN51033/01/DA2
d
If breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has
already occurred at the proposed site must observe this duty of care.
Details of how to fulfil this duty of care are outlined in the duty of care guidelines
gazetted with the AHCA.
The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07)
3405 3050 for further information on the responsibilities of developers under the AHCA.
H
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].
I
Infrastructure charges
Infrastructure charges are now levied under a Charges Resolution by way of an
Infrastructure Charges Notice, which accompanies this decision notice.
J
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.
K
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