652 planning 23 january 2013 adopted minutes … · city planning committee meeting 23 january 2013...

652nd Council Meeting 29 January 2013 1City Planning Committee Meeting 23 January 2013 Report

652

Adopted Report of the

City Planning Committee Meeting held on

Wednesday, 23 January 2013 at

09:00 am

G6 Committee Room Nerang Administration Centre

Nerang Southport Road Nerang

Our positioning statement Working for our future - today

Our city vision Defined by our spectacular beaches, hinterland ranges, forests and waterways, the Gold Coast is an outstanding city which celebrates nature and connects distinct communities with the common goal of sustainability, choice and wellbeing for all.

Our mission Leading the way towards a bold future that can sustain growth and economic development while retaining a lifestyle that is uniquely ‘Gold Coast’.

652nd Council Meeting 29 January 2013 2City Planning Committee Meeting 23 January 2013 Adopted Report

IndexAdopted Report

City Planning Committee Meeting Wednesday, 23 January 2013

Item Direct Div

File Page Subject

1 PET

1

PN131593/123/DA2(P6) 4 NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE DETACHED DWELLINGS AND ATTACHED DWELLING, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT 57-71 WAVERLEY DRIVE PIMPAMA

2 PET

7

PN62099/01/DA3(P1) 60 MATERIAL CHANGE OF USE IMPACT ASSESSMENT FOR A DETACHED DWELLING – FOUR STOREY 41 RANKIN PARADE MAIN BEACH

3 OS LG314/411/12/059T(P2) 117 CONTRACT NO. LG314/411/12/059T – PROVISION OF SPECIALIST TREE CLIMBING AND KOALA FLAGGING SERVICES FOR PHASE 1 EXTENSION OF THE EAST COOMERA KOALA CONSERVATION PROJECT

Closed Session

4 PET CE196/1097/01(P1) 124 ECOLOGICAL OFFSET INVESTMENT IN GOLD COAST CITY

General Business

KEY:CEO - Chief Executive Officer CMS - Community Services GCW - Gold Coast Water EDMP - Economic Development & Major Projects OS - Organisational Services ES - Engineering Services PET - Planning Environment & Transport


ATTENDANCE

Cr C M Caldwell Chairperson Cr A J D Bell Cr G J Betts Cr D Gates Cr W M A Owen-Jones Cr P A Taylor Cr G M Tozer

Ms G Connolly Director Planning Environment & Transport Mr M Hulse Manager Implementation & Assessment Mr D Corkill Manager Strategic & Environmental Planning & Policy Mr A Twine Manager City Transport Ms S Anderson Manager Business Support Branch

APOLOGIES

PROCEDURAL MOTIONMoved Cr Gates Seconded Cr Tozer

That the apology of Cr Gilmore be received.

CARRIED

ADOPTION BY COUNCIL 29 JANUARY 2013

RESOLUTION G13.0129.027 Moved Cr Caldwell Seconded Cr Grummitt

That the Report of the City Planning Committee Meeting held on Wednesday, 23 January 2013, covered by Recommendations numbered CP13.0123.001 to CP13.0123.004 be received.

CARRIED

RESOLUTION G13.0129.029 Moved Cr Caldwell Seconded Cr Taylor

That the Report of the City Planning Committee’s Recommendations of Wednesday, 23 January 2013, numbered CP13.0123.001 to CP13.0123.004, be adopted with the exception of Recommendation Number CP13.0123.002 which was specifically resolved.

CARRIED


ITEM 1 IMPLEMENTATION & ASSESSMENT BRANCH NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2 Refer 6 page attachment BRIEF SUMMARY Council is in receipt of a request for a negotiated decision notice for a combined application at 57 and 71 Waverley Drive Pimpama approval dated 21 September 2012 for the following: Preliminary Approval for a Material Change of Use under Section 242 of the

Sustainable Planning Act 2009 (varying the effect of the Gold Coast Planning Scheme, V 1.2 amended October 2011). The contemplated uses for this component of the application are Detached Dwellings and Attached Dwellings;

Development Permit for Reconfiguring a Lot (subdivision to create 72 freehold lots, 7 community title lots, 1 management lot, park, and new road);

Development Permit for Operational Works (Changes to Ground Level); and

Development Permit for Operational Works (Vegetation Clearing).

The application sought to establish a total of 80 residential lots with a total of 72 freehold lots, 7 community title lots and one management lot. The application proposes a total of 83 dwellings over 5 stages.

The development summary is as follows: Total site area 7.605ha Total area of new road

1.691ha

Length of new road 970 metres Total area of park 0.991 ha Net developable area

4.696 ha

Net site density 17.7 dwellings/ha

The proposed 80 urban residential lots are, generally, regular in configuration with allotment sizes ranging from 387m² to 7,978m².


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2

The Material Change of Use component of the application provides for a mixture of Attached Dwellings and Detached Dwellings on single allotments. The Attached dwellings consist of duplexes, and are subject to the Oakwood Estate Place Code along with all detached dwellings. Proposed lot 80 is for future development and is not subject to the Oakwood Estate Place Code.

On 12 September 2012 at City Planning Committee the officer’s recommendation was amended so that the proposed management lot 80 (future townhouse site) was to be dedicated to Council as public open space for environmental purposes.

As a result of the above changes, the applicant on 12 October 2012 submitted a request for a Negotiated Decision Notice requesting the changes to conditions B1, 8, 10, 16, C1, 44, 47, G1 and G3. The applicant’s request has sought Lot 80 to be reinstated to the Townhouse lot along with all other conditions that were amended as a result of the change to Lot 80.

The applicant’s request was referred to Environmental Assessment, Open Space Assessment, Gold Coast Water and Subdivision Engineering for assessment. Their comments and changes to the conditions have been discussed and provided herein.

From discussions with the local Councillor, it is understood that the main issue is providing a buffer to the Rural Living/Open Space Precinct designations which adjoin proposed Lot 80 to the south.

As a compromised position, officer’s recommend that proposed lot 80 be reinstated to the townhouse site (subject to future assessment and assessment of the buffer to the waterway) with the inclusion of an additional condition requiring an additional 10 metre wide buffer to the southern property boundary to create a buffer to the adjoining Rural Living/Open Space Precinct.

It is recommended by the assessing officer that the applicant’s request be partly agreed to, to facilitate the above. A detailed assessment has been included herein.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2BASIC INFORMATION

Title Details LOT 7 ON RP158378 & LOT 8 ON RP158378 Address 57 & 71 WAVERLEY DRIVE, PIMPAMA Applicant BAYCROWN PTY LTD Owner At Time Of Lodgement BAYCROWN PTY LTD Current Owner BAYCROWN PTY LTD Site Area 7.6 HA Date Application Received 12 OCTOBER 2012 Date Entered Decision 12 DECEMBER 2012 Decision Due Date PRELIMINARY APPROVAL FOR A MATERIAL

CHANGE OF USE UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 (VARYING THE EFFECT OF THE GOLD COAST PLANNING SCHEME, V 1.2 AMENDED OCTOBER 2011) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS;DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (72 FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS AND COMMON PROPERTY, 1 MANAGEMENT LOT, PARK AND NEW ROAD); DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL); ANDDEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING).

Domain N/A LAP & Precinct COOMERA LOCAL AREA PLAN

COOMERA RESIDENTIAL AND RURAL LIVING /OPEN SPACE PRECINCT

State Planning Policies N/A Decision Type NEGOTIATED DECISION Submissions NO SUBMISSIONS WERE RECEIVED DURING

PUBLIC NOTIFICATION


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2PROPOSAL The applicant, on 12 October 2012, submitted written representations seeking a Negotiated Decision Notice, requesting changes to conditions B1, 8, 10, 16, C1, 18, 44, 47, G1 and G3. An assessment of the applicant’s request is as follows: Condition B1 currently reads:

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

Plan No. Rev. Title Date Prepared by

10.028POD1 C Master Plan

Page 1 of 4

May 2012 Bennett & Bennett

10.28POD2 C Plan of Development

Page 2 of 4



Page 3 of 4



Page 4 of 4


5 Oakwood Estate Place Code

Version 5 – 12 September 2012

Bennett &Bennett

showing the following amendments: i The ‘Master Plan, Residential Land Use Mix & Development Summary’, the

‘Plan of Development for Residential Areas’ must be amended so all references to the ‘Management Lot’ (Lot 80) and associated wording is deleted and Lot 80 is to be renamed Lot 903 and shaded green instead of orange;

ii All references on the plan to ‘Zoning’ shall be deleted and associated shading;

iii References to RD 1 or RD 2 under the legend on sheet 2 of 4 of the POD are to be deleted. Only ‘one dwelling or two dwellings shall remain’;

iv POD plans sheet 1 of 4 and 2 of 4 all detail shall be combined onto one plan’;



v All associated plans are to include the following statement ‘This plan is to be read in conjunction with the Oakwood Place Code;

vi POD sheet 3 of 4 is to remove all references to the ‘Land Protection Area' and the associated wording and is to be replaced with wording ‘Park – Public Open Space: Environmental and Landscape Protection Area;

vii All plans are to be titled POD sheet 1 of 3, 2 of 3 and 3 of 3 for clarity; viii The POD is to nominate driveway locations for corner allotments; ix The Plan of Development Landscape Protection & Open Space must be

amended to include all of Management Lot 80 shaded in green and renamed ‘Park – Public Open Space: Environmental and Landscape amenity area’;

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Compliance assessment of the subdivision plan.

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

Applicant’s request: Conditions B1, C1, 44, 47 and G1 relate to the removal of Lot 80 from the approved development scheme. In this regard the applicant has requested that Lot 80 (future townhouse allotment) be reinstated, providing the following:

The original layout was recommended for approval by Council officers inclusive of Lot 80, with the Council officers recommendation being amended, resulting in Lot 80 being removed from the development scheme and included as a public open space lot at the Planning Committee Meeting (12 September 2012). The matter was not debated nor were appropriate reasons given for the removal of the lot based on planning merits. The decision appeared to lack due process and consideration towards the impact of removing of the subject lot from the approval.

The subject site is not identified by the planning scheme as requiring a park in this location, and is predominantly identified as being for residential purposes under the Coomera LAP. It is noted that there is a ‘green dot’ on the site which designates a very small portion for Rural Living / Open Space purposes however this ‘green dot’ is actually located further to the west. As Council would be aware ‘ground truthing’ is required for indicative mapping of such areas.



This designation was the subject of debate during the assessment process and it had been demonstrated that this area held no significance whatsoever either for amenity or ecological purposes. In place of the green dot Council officers chose to retain a small strip of bushland which traverses Lot 80. The area of land was to be provided over and above the 3 park lots totalling 9,912m2 (or 13% of the total site area) already dedicated to Council. The area of park provided on the subject site is already well in excess of that covered by the green dot identified by the LAP documents.

The inclusion of Lot 80 would total 23% of the site dedicated to open space, this is an unacceptable ratio given the application clearly demonstrated the suitability of the subject site to accommodate residential product.

Accordingly the applicant has given explicit direction to advise Council that an appeal will be lodged unless Lot 80 is returned to the development scheme. We have engaged and briefed Planning Solicitors on this matter and have been advised that a successful outcome is somewhat guaranteed. We strongly urge Council to reconsider the removal of Lot 80 and in the least give the applicant the opportunity to meet and discuss this aspect of the development before making any further decisions.

Officer Comment: In response to the comments about the Rural Living/Open Space Precinct designation on site, it should be noted that officers negotiated for a buffer around the mapped waterway (located in proposed Lot 80) and a buffer to the property to the south in this section of the site. It was considered that this provided a better ecological outcome than the retention of vegetation solely within the Rural Living/Open Space Precinct designation. Open Space Assessments comments in relation to lot 80 are as follows:

Open Space Assessment provided the necessary amendments to the Transfer of Open Space condition 47 to include reference to the Environmental and Landscape Amenity Area in support of the recommendation put forward by the local Councillor, that required dedication of proposed Lot 80 as public open space (environmental reserve). The recommendation was put forward by the local Councillor at the Planning Committee Meeting held 12 September 2012.



Open Space Assessment, along with Environmental Assessment, acknowledge the local Councillor’s intention to retain/preserve proposed Lot 80 as public open space for ecological and landscape amenity purposes. OSA engaged in significant negotiations with the applicant throughout the development assessment process to ensure a sufficient public open space outcome was achieved at the subject site. Part of the subject site falls within the Rural Living/Open Space precinct of the Coomera LAP (Refer Figure 1), being the slope constrained area at the south-eastern portion of the site. The applicant has referred to this designation as a ‘green dot’ within their request for a NDN correspondence. It was determined during the assessment process that dedication within the mapped Open Space Precinct area was not preferred. An open space area (landscape amenity park) has since been negotiated elsewhere within the site, specifically along part of the south-western boundary of the site fronting Waverley Drive.

Council has approved the dedication of two (2) stormwater management areas (Lots 900 and 902 – totalling 7112m²) and one landscape amenity park area (Lot 901 – totalling 2,804m²) as a result of the subject development approval. Further to the dedication of these areas, Environmental Assessment required a ‘Landscape Protection’ buffer area be incorporated adjacent to the developable area of Lot 80 in order to facilitate the protection of a mapped waterway. The applicant has proposed to retain this gully in its natural state. It was determined by Environmental Assessment prior to the Local Councillors decision, that Lot 80 (originally proposed as a management lot), incorporating the Landscape Protection buffer area, would be addressed through a future development application to be assessed against Council’s relevant Planning Scheme and not the Oakwood Estate Place Code put forward by the applicant.



Figure 1: Rural Living/Open Space precinct of the Coomera LAP identified partially within Lot 8 RP158378.

Open Space Assessment recommendation In summary, Open Space Assessment (OSA) provide the following commentary in response to the applicant’s representations:

Part of Lot 8 RP158378 is located within the Rural Living/Open Space Precinct of the Coomera LAP.

The applicant has proposed to dedicate a landscape amenity area at the south-western portion of the site fronting Waverley Drive. The applicant has proposed development over the area identified as being within the Rural Living/Open Space Precinct of the LAP.

The subject site does not trigger the requirement for the dedication of recreational facilities in accordance with Council’s Priority Infrastructure Plan (PIP). As such, recreational parkland is not required as a result of the subject development proposal.

OSA were of the understanding that the ‘Landscape Amenity Park’ area (Lot 901) was required to convey stormwater management/drainage flows. The applicants latest submission has indicated this is not the case.



Proposed management Lot 80 is identified within the Residential Precinct of the Coomera LAP. Prior to the Councillor recommendation to have Lot 80 dedicated as public open space, the applicant proposed residential product over Lot 80, whilst protecting the landscape buffer requirements as imposed by Council’s Environmental Assessment team.

In response to the applicant’s representations, OSA consider the removal of the proposed ‘Landscape Amenity Park’ area (Lot 901) from the development proposal, in lieu of seeking public open space dedication of Lot 80 in its entirety for Environmental purposes, as a potential resolution. This resolution presents as an improved outcome for the applicant, subject site and surrounding community based on the following: Dedication of Lot 80 as public open space secures protection of the

landscape buffer zone and associated natural waterway that traverses the south-western portion of Lot 8 RP158378 under a public ownership management regime, to reflect that of adjacent sites.

Dedication of Lot 80 as public open space facilitates a logical connection and linkage to the public open space areas of adjoining sites (refer Figure 2 below).

Proposed Lot 901 was planned as a ‘turfed kick about area’ landscape amenity park. This park area is not of a shape, size or design layout sufficient to support this activity. As no recreational facilities were envisioned or planned for this park area and OSA offers were of the understanding that this open space area was planned to management stormwater runoff/flow from the proposed development, no recreational offsets were to be awarded in accordance with Council’s PIP or Sustainable Planning Act (SPA) 2009.

The dedication of Lot 80 as an Environmental and Landscape Amenity reserve represents a logical future maintenance and management outcome for Council. Lot 80 will become a somewhat self-sustainable environmental reserve given its location amongst future planned and existing environmental reserve areas. Lot 901 presents a maintenance burden for Council by way of mowing (turf areas) and constant maintenance works.



Figure 2: Rural Living/Open Space precinct of the Coomera LAP identified partially within Lot 8 RP158378.

Upon a thorough review of the proposal, OSA provide the Assessment Manager and Local Councillor with the following recommendations:

Continue to seek dedication of management Lot 80 as public open space for Environmental purposes, thereby ensuring the protection of the mapped natural waterway and associated buffer area within this allotment.

Return proposed ‘Landscape Amenity Park’ area (Lot 901 – totalling 2804m²) to developable area. Proposed freehold allotments 1 to 8, along with proposed landscape amenity park area, to become a management lot (or similar) in lieu of management Lot 80.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Environmental Assessments comments in relation to lot 80 are as follows:

Environmental Planning have had significant involvement in the assessment of this application. The site is largely within the Coomera Residential Precinct (RD1) of the Coomera Local Area Plan with a small portion in the south mapped as Precinct 9 Rural Living Open Space. Ongoing issues and communication occurred between Council and the applicant in relation to tree retention, waterway protection, protection of vegetation to the south of the site (within Precinct 9). Environmental Planning had concerns regarding the inclusion of management lot 80 within the Oakwood Estate Place Code as the plan submitted showing the buffer appeared narrow and did not incorporate the natural waterway with parts of the watercourse traversing outside of the identified buffer area. Through ensuing negotiations, the Town Planner and applicant determined that Lot 80 could be included on the plans as management lot 80 for future development, but be excluded from the proposed Place Code such that future development on this lot will be assessed against the planning scheme. Thereby ensuring that a more detailed assessment of the waterway and required buffer could be undertaken in accordance with the scheme. Environmental Planning understood that the applicant supported this. The following excerpt from the last memorandum has been included for reference and this position is maintained.

“The Management Lot on Lot 80 contains a mapped waterway, being a vegetated natural gully line. In response to development within the Precinct 9 area, the applicant proposes to retain this gully in its natural state. It has been determined that this management lot will be addressed through a future development application and not as part of the Oakwood Estate Place Code. Environmental Planning support this, only where the management lot is assessed against the planning scheme current at the time and not against the Oakwood Estate Place Code (as the Oakwood Estate Place Code contains no provisions for waterway protection and buffering within this management lot, or any reference to the conservation constraint codes). Lot 80 should be protected and conserved without encroachment of earthworks, stormwater infrastructure or any other infrastructure.”

Whilst Environmental Planning acknowledge that the Councillor’s decision to have lot 80 dedicated is a better outcome ecologically and is seen as somewhat of a ‘bonus’ with enhanced tree retention and full protection of this waterway to the maximum buffer allowable on site; this was a decision that was determined by the Councillor and not Environmental Planning. In reality, management lot 80 is within the Residential Precinct. The waterway is mapped as an Other Natural Waterway under Overlay Map 11 and the Natural Wetland Areas and Waterways Code provides an acceptable solution for a buffer of 30 metres from the top of bank. This is essentially the maximum area of dedication or protection that Environmental Planning could justify through the Planning Scheme solely on the basis of the waterway on this lot.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLAN0NING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Town Planning Assessment: Environmental Assessment and Open Space Assessments comments have been reviewed, however, upon review of the proposed option provided by Open Space Assessment, and discussions with Transport Planning, vehicular access directly from Waverley Drive is not possible, therefore, the option for relocation of the townhouse site to front Waverley Drive is not acceptable.



Therefore, it is recommended by the assessing officer that the applicant’s request be partly agreed to subject to the above changes to the recommendation. Condition 8 currently reads:

Completion of external wastewater connections All external wastewater connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Gold Coast Water prior to the earlier of a request for compliance assessment of the Reconfiguring of a Lot plan or commencement of use of the premises.

Applicant’s request: Condition B8 relates to the construction / completion of external waste water connections. This condition is very definitive in its intent and does not appear to allow for the bonding of associated works and requires all works to be completed prior to the issuing of compliance assessment for the Reconfiguring of a Lot.

The applicant request that this condition be reworded to allow bonding to occur as an option for certain aspects of these infrastructure works per Councils standard processes.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Officer Comment: The applicant’s request was referred to Gold Coast Water who have provided the following response:

Provision" Unless otherwise approved by GCW" allows flexibility in the construction of the wastewater gravity main for the eastern catchment.

A part of the external work, construction of gravity wastewater main for the connection of eastern catchment, has been also conditioned in the Decision Notice issued for the downstream development site (5 & 6 RP158378). Either applicant can negotiate with the downstream developer for a coast sharing of the construction of the main or may wait until downstream developer complete their part of the construction of such main.

Therefore, the condition shall be amended to reflect the above. Condition 10 currently reads:

Management of internal wastewater infrastructure All wastewater infrastructure internal to the proposed Community Title Scheme from Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate.

Applicant’s request: Conditions B10, 16 & C15 refers to a superseded version of the Bennett + Bennett Reconfiguration of a Lot Proposal Plan. The correct version should read: Proposal Plan No.2, Rev D. We respectfully request the wording be amended accordingly. Officer Comment: The applicant’s request was referred to Gold Coast Water who have stated that the condition can be amended to reflect the correct plan. Condition 16 currently reads:

Management of internal water infrastructure All water infrastructure internal to the proposed Community Title Scheme Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Applicant’s request: Refer above to condition 10 comments. Officer Comment: The applicant’s request was referred to Gold Coast Water who have stated that the condition can be amended to reflect the correct plan. Condition C 1 currently reads: Amended plans/drawings to be submitted

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


10028PRO_D D Proposed Subdivision 11/05/2012 Bennett & Bennett

showing the following amendments: i Replace the Type CHR turn treatment on Waverley Drive at the approach

to New Road 1 with a Type BAR. Provide a notation which advises that this will be designed and constructed in accordance with the requirements of Austroads Guide to Road Design Part 4a Unsignalised and Signalised Intersections.

ii Delete the ‘wing’ intersection treatment at the intersection of Roads 1 and 2. This type of treatment is not appropriate in new subdivisions.

iii Show raised intersection platforms (eg Tedder Ave Main Beach and Marine Parade Miami) at the intersection of Roads 1 / 2, intersection of Roads 3 / 4 (adjacent lot 72), and at the intersection of Bull Road / Road 3. Please note that the proposed raised platform at the intersection of Roads 3 / 6 is not appropriate as it is not midway along Road 3 and is required to be deleted.

iv The applicant shall depict four (4) carparking spaces within the community title area fronting lot 49.

v Lot 80 is to be renamed ‘Lot 903 (Park)’ and the notation ‘(T)’ is to be removed from this lot and from the Notes section. The ‘Development Summary’ and the ‘Staging Summary’ are to be updated to reflect this change.





Applicant’s request: Refer above to condition B1 comments. Officer Comment: In line with the comments made previously, it is recommended that the condition be amended to reflect the required change for the lot to remain a management lot for future townhouses and for an inclusion of the 10 meter wide buffer on the southern boundary lot 80. Condition 15 currently reads:

Footpaths: design and construction a The applicant must design and construct concrete footpaths as follows:

i 1.5 metre wide paths generally in the locations as shown on plan 10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett;

ii 2.0 m wide paths along the full frontage of the site to both Waverley Drive and Bull Road, generally in the locations as shown on plan 10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett.

b The footpaths must be designed and constructed in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings subject to any variations approved by Council in issuing a development permit for operational work (works for infrastructure) for the footpath.

c The footpaths must be constructed prior to the earlier of a request for compliance assessment of the subdivision plan, Council accepting the works ‘On Maintenance’ or the commencement of the use.

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


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Applicant’s request: Refer above to condition 10 comments. Officer Comment: The applicants request was referred to Subdivision Engineering who have provided the following comments:

Condition C15 refers to the Pedestrian & Mobility plan not the general subdivision proposal plan. The applicant was contacted to verify the latest Pedestrian and Mobility plan and it was confirmed that the plan quoted in the current approval is the lasted plan. As such no amendments are required to condition C15.

Recommendation:It is recommended that condition C15 remain as is. Condition 44 currently reads:

Establishment of a vegetated connection corridor e Rehabilitation within Lot 902 must establish a vegetated connection corridor

between the vegetation to the south of the subject site and vegetation to be retained within Lot 80 (riparian vegetation buffer and waterway corridor to be conserved and protected in the long term) and the adjacent bushland.

f The eastern portion of Lot 902, including the batters and perimeter of the basin must be revegetated to incorporate groundcovers, shrubs and canopy species with a greater ratio of canopy trees species, a density of 1 plant per square metre and pre-clearing regional ecosystem species.

g Such rehabilitation details must be included within the Open Space Management Plan to be submitted to Council for approval, the subject of Condition 48.

Applicant’s request: Refer above to condition B1 comments. Officer Comment: The applicant’s request for condition 44 to be amended has been reviewed and it is considered by the assessing officer that the proposed condition does not require to be amended as a result of the reinstatement of lot 80. It is considered that lot 80 will still have a riparian vegetation buffer and waterway corridor within the lot, which will be subject to future material change of use assessment and approval.

Therefore, the condition shall remain unchanged.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 47 currently reads:

Transfer of open space a The applicant must transfer to Council the areas of public open space listed

below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference

Drainage Reserve Lot 900 (4,607m²) Plan Titled: Plan of Development, Landscape Protection and Open Space, Dwg. No.: 10.028POD3, Rev. Ver. C, page 3 of 4 prepared by Bennett & Bennett and dated May 2012

(amended as per the conditions of approval)

Landscape amenity area

Lot 901 (2,804m²) Plan Titled: Plan of Development, Landscape Protection and Open Space, Dwg. No.: 10.028POD3, Rev. Ver. C, page 3 of 4 prepared by Bennett & Bennett and dated May 2012




Environmental and Landscape Amenity Area

Lot 903

(7978m2)

Plan Titled: Plan of Development, Landscape Protection and Open Space, Dwg. No.: 10.028POD3, Rev. Ver. C, page 3 of 4 prepared by Bennett & Bennett and dated May 2012




b The applicant must lodge the transfer documents with Council at the same time as lodgement of the subdivision plans or, if no subdivision plans are required, prior to the commencement of the use.

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

d The transfer of the land to Council must be at no cost to Council. Applicant’s request: Refer above to condition B1 comments. Officer Comment: The applicant’s request has been reviewed and is considered that the condition shall be amended to reflect the proposed change to reinstate lot 80 as a townhouse site, therefore, lot 903 referenced in the above condition shall be removed. Condition G1 currently reads:

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


GC100182_TCP_001 B Specification Notes November 2011 VDM Consulting

GC100182_TCP_002 B Tree Clearing Plan November 2011 VDM Consulting


GC100182_TCP_004 B Tree Survey Details November 2011 VDM Consulting



showing the following amendments: i Extent of earthworks to be amended in accordance with most recent

earthworks plans and any further amendments as a result of this approval. ii All endemic vegetation is to be retained in all areas not subject to

earthworks within future Public Open Space. iii Protected Size vegetation is to be assessed for suitability for retention

within larger lot to the south of Road 5 and at the rear of Lots adjacent to Management Lot 80.

iv Identification of amendments and management measures for retention of trees as per the recommendations of the arborist report.

v Inclusion of staged vegetation clearing in accordance with Stages shown Proposal Plan No. 2 rev D dated 11/05/2012 by Bennett & Bennett (the approved staging plan), as amended by this approval.

vi Erosion and sediment controls for areas of earthworks disturbance and vegetation clearing with specific reference to slope sensitive areas.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Submission of amended plans required by conditions of this decision

notice;ii Issue of a development approval for reconfiguring a lot. iii Issue of a development approval for operational work inclusive of works for

infrastructure. iv Pre-start inspection for operational work. v Compliance assessment of the subdivision plan.


Applicant’s request: Refer above to condition B1 comments. Officer Comment: The applicant’s request was referred to Environmental Assessment who have stated that condition a (v) can be deleted based on comments provided for condition 3 below.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition G3 currently reads:

Staged clearing Vegetation clearing must be undertaken in accordance with the stages shown on Proposal Plan No. 2 rev D dated 11/05/2012 by Bennett & Bennett (the approved staging plan), as amended by this approval.

Applicant’s request: Condition G3 requires tree clearing to be completed in stages, per the approved staging regime proposed for the creations of lots.

The staging proposed in this instance refers to the creation of titles not simply construction stages. It is the applicant’s intention to complete all Operational Works associated with the subject approval to fully develop the site in a single instance. These works particularly apply to tree clearing and bulk earthworks. Officer Comment: The applicant’s request was referred to Environmental Assessment who have provided the following comments:

The predominant intent of this condition was to clear the 7.6 hectare site sequentially to manage erosion and sedimentation impacts associated clearing slope sensitive areas. A side effect would be a reduced impact on wildlife through staging to allow their progressive movement off site. Environmental Planning have no issues with removing the condition for linking vegetation clearing stages to stages that are for the creation of titles, in accordance with staging referenced on the proposal plan. Upon review of the change to ground level conditions, specifically Condition 15f of Part E which states: e To minimise unvegetated areas:

i Construction activities must be staged; ii Filled areas must be seeded immediately on completion; and iii No area should remain exposed (unvegetated) for more than 2 weeks

unless construction work is being undertaken on that area. And Condition 35 which states Any disturbed/loosened soils resulting from the tree clearing operations on site must be re-compacted, and the re-compaction of the soils must be carried out generally in compliance with geotechnical conditions of this decision notice and to the satisfaction of the applicant’s geotechnical engineer in order to maintain long term stability of the site/lots.

Environmental Planning are comfortable that the above conditions are sufficient to ensure vegetation clearing is conducted in a sensitive manner, as such Condition 3 may be deleted and amended.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2CONCLUSION Council is in receipt of a request for a negotiated decision notice for a combined application at 57 and 71 Waverley Drive Pimpama approval dated 21 September 2012 for the following: Preliminary Approval for a Material Change of Use under Section 242 of the

Sustainable Planning Act 2009 (varying the effect of the Gold Coast Planning Scheme, V 1.2 amended October 2011). The contemplated uses for this component of the application are Detached Dwellings and Attached Dwellings;

Development Permit for Reconfiguring a Lot (subdivision to create 72 freehold lots, 7 community title lots, 1 management lot, park, and new road);

Development Permit for Operational Works (Changes to Ground Level); and

Development Permit for Operational Works (Vegetation Clearing).

The application sought to establish a total of 80 residential lots with a total of 72 freehold lots, 7 community title lots and one management lot. The application proposes a total of 83 dwellings over 5 stages.

The development summary is as follows: Total site area 7.605ha Total area of new road

1.691ha

Length of new road 970 metres Total area of park 0.991 ha Net developable area

4.696 ha

Net site density 17.7 dwellings/ha

The proposed 80 urban residential lots are, generally, regular in configuration with allotment sizes ranging from 387m² to 7,978m².

The Material Change of Use component of the application provides for a mixture of Attached Dwellings and Detached Dwellings on single allotments. The Attached dwellings consist of duplexes, and are subject to the Oakwood Estate Place Code along with all detached

dwellings. Proposed lot 80 is for future development and is not subject to the Oakwood Estate Place Code.

On 12 September 2012 at City Planning Committee the officer’s recommendation was amended so that the proposed management lot 80 (future townhouse site) was to be dedicated to Council as public open space for environmental purposes.



As a result of the above changes, the applicant on 12 October 2012 submitted a request for a Negotiated Decision Notice requesting the changes to conditions B1, 8, 10, 16, C1, 44, 47, G1 and G3. The applicant’s request has sought Lot 80 to be reinstated to the Townhouse lot along with all other conditions that were amended as a result of the change to Lot 80.

The applicant’s request was referred to Environmental Assessment, Open Space Assessment, Gold Coast Water and Subdivision Engineering for assessment. Their comments and changes to the conditions have been discussed and provided herein.



It is recommended by the assessing officer that the applicant’s request be partly agreed to, to facilitate the above. A detailed assessment has been included herein.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2RECOMMENDATION It is recommended Council resolve: Real Property Description LOT 7 ON RP158378 & LOT 8 ON RP158378 Address of Property 57 & 71 WAVERLEY DRIVE, PIMPAMA Area of Property 7.6 HA Decision Type NEGOTIATED DECISION NOTICE FOR

PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 (VARYING THE EFFECT OF THE GOLD COAST PLANNING SCHEME, V 1.2 AMENDED OCTOBER 2011) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS;DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (72 FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS AND COMMON PROPERTY, 1 MANAGEMENT LOT, PARK AND NEW ROAD); DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL); ANDDEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING).

Further Development Permits BUILDING WORK, PLUMBING AND DRAINAGE, OPERATIONAL WORKS

Further Compliance Permits NONE Compliance Assessment required for documents or works

SUBDIVISION PLAN, OPEN SPACE MANAGEMENT PLAN & MANAGEMENT MAINTENANCE PLAN


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2NATURE OF DECISION A Council decides as follows in respect of the applicant’s representations:

Condition B1 which currently reads: Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with:



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Bennett &Bennett














is changed to read as follows: Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with:



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Bennett &Bennett



showing the following amendments: i The Master Plan, Residential Land Use Mix & Development Summary and

Plan of Development for Residential Areas must be amended to contain a notation that the Management Lot is subject to future development application, assessable against the Gold Coast City Planning Scheme, current at the time of any lodgement and not the Oakwood Estate Place Code;





vi POD sheet 3 of 4 is to remove all references to the ‘Land Protection Area' and the associated wording and is to be replaced with wording ‘Future Residential and Landscape Protection’;

vii All plans are to be titled POD sheet 1 of 3, 2 of 3 and 3 of 3 for clarity; viii The POD is to nominate driveway locations for corner allotments; ix The Plan of Development Landscape Protection & Open Space (Page 3 of

4) must be amended to include all of Management Lot 80 shaded and renamed to ‘Future Residential and Landscape Protection’;

x The Plan of Development Landscape Protection & Open Space (Page 3 of 4) must be amended to include the following text under the new heading ‘Future Residential and Landscape Protection’ (previously ‘Landscape Protection’ heading) as follows: A The Management Lot is subject to future development application; B A future buffer is to be provided to protect and conserve the waterway

gully in its natural state within proposed Lot 80 and assessed against the Wetlands and Waterways Constraint Code;

C A buffer is to be provided on the southern boundary of lot 80 for a minimum width of 10 metres for the entire length of the lot; and

D Until such a time that a future development application is lodged and approved, all vegetation is to be retained within Lot 80.




ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 8 which currently reads: Completion of external wastewater connections All external wastewater connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Gold Coast Water prior to the earlier of a request for compliance assessment of the Reconfiguring of a Lot plan or commencement of use of the premises. is changed to read as follows: Completion of external wastewater connections All external wastewater connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Gold Coast Water prior to the earlier of a request for compliance assessment of the Reconfiguring of a Lot plan or commencement of use of the premises, unless otherwise approved by Gold Coast Water. Condition 10 which currently reads: Management of internal wastewater infrastructure All wastewater infrastructure internal to the proposed Community Title Scheme from Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. is changed to read as follows: Management of internal wastewater infrastructure All wastewater infrastructure internal to the proposed Community Title Scheme from Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_D dated 11/05/2012 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. Condition 16 which currently reads: Management of internal water infrastructure All water infrastructure internal to the proposed Community Title Scheme Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. Is changed to read as follows: Management of internal water infrastructure All water infrastructure internal to the proposed Community Title Scheme Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_D dated 11/05/2012 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition C1 which currently reads: Amended plans/drawings to be submitted













ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2is changed to read as follows:












ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 15 which currently reads: Footpaths: design and construction

a The applicant must design and construct concrete footpaths as follows: i 1.5 metre wide paths generally in the locations as shown on plan

10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett; ii 2.0 m wide paths along the full frontage of the site to both Waverley Drive

and Bull Road, generally in the locations as shown on plan 10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett.




Remains unchanged. Condition 44 which currently reads: Establishment of a vegetated connection corridor

a Rehabilitation within Lot 902 must establish a vegetated connection corridor between the vegetation to the south of the subject site and vegetation to be retained within Lot 80 (riparian vegetation buffer and waterway corridor to be conserved and protected in the long term) and the adjacent bushland.

b The eastern portion of Lot 902, including the batters and perimeter of the basin must be revegetated to incorporate groundcovers, shrubs and canopy species with a greater ratio of canopy trees species, a density of 1 plant per square metre and pre-clearing regional ecosystem species.

c Such rehabilitation details must be included within the Open Space Management Plan to be submitted to Council for approval, the subject of Condition 48.

Remains unchanged.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 47 which currently reads: Transfer of open space

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










Lot 903

(7978m2)







d The transfer of the land to Council must be at no cost to Council. is changed to read as follows: Transfer of open space












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

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated.

d The applicant must lodge the transfer documents with Council at the same time as lodgement of the subdivision plans or, if no subdivision plans are required, prior to the commencement of the use.

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

f The transfer of the land to Council must be at no cost to Council. Condition G1 which currently reads: Amended plans/drawings to be submitted








ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2is changed to read as follows: Amended plans/drawings to be submitted












v Is deleted vi Erosion and sediment controls for areas of earthworks disturbance and

vegetation clearing with specific reference to slope sensitive areas. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to the earlier of: i Submission of amended plans required by conditions of this decision





ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition G3 which currently reads: Staged clearing Vegetation clearing must be undertaken in accordance with the stages shown on Proposal Plan No. 2 rev D dated 11/05/2012 by Bennett & Bennett (the approved staging plan), as amended by this approval. is changed to read as follows: Vegetation clearing and stabilisation

a Vegetation clearing must be undertaken to minimise erosion and sedimentation in slope sensitive areas by either: i staging the clearing at the time of works; or ii ensuring that cleared areas are appropriately stabilised in accordance with

Condition 15 of Part D & E. b Any disturbed/loosened soils resulting from the tree clearing operations on site

must be re-compacted, and the re-compaction of the soils must be carried out generally in compliance with geotechnical conditions of this decision notice and to the satisfaction of the applicant’s geotechnical engineer in order to maintain long term stability of the site/lots.

B All other conditions of the development approval, dated 21 September 2012, shall remain unchanged.

Author: Authorised by:Renee Weightman Gail Connolly Senior Town Planner Acting Director Planning Environment & Transport November 2012


ITEM 1 IMPLEMENTATION & ASSESSMENT BRANCH NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2

COMMITTEE RECOMMENDATION CP13.0123.001 moved Cr Owen-Jones seconded Cr Bell That Council resolve: Real Property Description LOT 7 ON RP158378 & LOT 8 ON RP158378 Address of Property 57 & 71 WAVERLEY DRIVE, PIMPAMA Area of Property 7.6 HA Decision Type NEGOTIATED DECISION NOTICE FOR

PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 (VARYING THE EFFECT OF THE GOLD COAST PLANNING SCHEME, V 1.2 AMENDED OCTOBER 2011) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS;DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (72 FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS AND COMMON PROPERTY, 1 MANAGEMENT LOT, PARK AND NEW ROAD); DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL); ANDDEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING).

Further Development Permits BUILDING WORK, PLUMBING AND DRAINAGE, OPERATIONAL WORKS

Further Compliance Permits NONE Compliance Assessment required for documents or works

SUBDIVISION PLAN, OPEN SPACE MANAGEMENT PLAN & MANAGEMENT MAINTENANCE PLAN


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2NATURE OF DECISION

A Council decides as follows in respect of the applicant’s representations:

Condition B1 which currently reads: Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with:



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Bennett &Bennett














is changed to read as follows: Amended plans/drawings to be submitted d Amended plans/drawings must be submitted generally in accordance with:



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Bennett &Bennett



showing the following amendments: i The Master Plan, Residential Land Use Mix & Development Summary and

Plan of Development for Residential Areas must be amended to contain a notation that the Management Lot is subject to future development application, assessable against the Gold Coast City Planning Scheme, current at the time of any lodgement and not the Oakwood Estate Place Code;





vi POD sheet 3 of 4 is to remove all references to the ‘Land Protection Area' and the associated wording and is to be replaced with wording ‘Future Residential and Landscape Protection’;

vii All plans are to be titled POD sheet 1 of 3, 2 of 3 and 3 of 3 for clarity; viii The POD is to nominate driveway locations for corner allotments; ix The Plan of Development Landscape Protection & Open Space (Page 3 of

4) must be amended to include all of Management Lot 80 shaded and renamed to ‘Future Residential and Landscape Protection’;

x The Plan of Development Landscape Protection & Open Space (Page 3 of 4) must be amended to include the following text under the new heading ‘Future Residential and Landscape Protection’ (previously ‘Landscape Protection’ heading) as follows: A The Management Lot is subject to future development application; B A future buffer is to be provided to protect and conserve the waterway

gully in its natural state within proposed Lot 80 and assessed against the Wetlands and Waterways Constraint Code;

C A buffer is to be provided on the southern boundary of lot 80 for a minimum width of 10 metres for the entire length of the lot; and

D Until such a time that a future development application is lodged and approved, all vegetation is to be retained within Lot 80.

e The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Compliance assessment of the subdivision plan.

f 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.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 8 which currently reads: Completion of external wastewater connections All external wastewater connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Gold Coast Water prior to the earlier of a request for compliance assessment of the Reconfiguring of a Lot plan or commencement of use of the premises. is changed to read as follows: Completion of external wastewater connections All external wastewater connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Gold Coast Water prior to the earlier of a request for compliance assessment of the Reconfiguring of a Lot plan or commencement of use of the premises, unless otherwise approved by Gold Coast Water. Condition 10 which currently reads: Management of internal wastewater infrastructure All wastewater infrastructure internal to the proposed Community Title Scheme from Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. is changed to read as follows: Management of internal wastewater infrastructure All wastewater infrastructure internal to the proposed Community Title Scheme from Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_D dated 11/05/2012 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. Condition 16 which currently reads: Management of internal water infrastructure All water infrastructure internal to the proposed Community Title Scheme Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_C dated 10/11/2011 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate. Is changed to read as follows: Management of internal water infrastructure All water infrastructure internal to the proposed Community Title Scheme Lot 49 to Lot 55, as shown on drawing Ref. 10028PRO_D dated 11/05/2012 and prepared by Bennett + Bennett, within the development site shall be owned and managed by the Principle Body Corporate.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition C1 which currently reads: Amended plans/drawings to be submitted













ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2is changed to read as follows:












ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 15 which currently reads: Footpaths: design and construction

a The applicant must design and construct concrete footpaths as follows: i 1.5 metre wide paths generally in the locations as shown on plan

10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett; ii 2.0 m wide paths along the full frontage of the site to both Waverley Drive

and Bull Road, generally in the locations as shown on plan 10.028POD4 ver. C (page 4 of 4) dated May 2012 by Bennett & Bennett.




Remains unchanged. Condition 44 which currently reads: Establishment of a vegetated connection corridor

a Rehabilitation within Lot 902 must establish a vegetated connection corridor between the vegetation to the south of the subject site and vegetation to be retained within Lot 80 (riparian vegetation buffer and waterway corridor to be conserved and protected in the long term) and the adjacent bushland.

b The eastern portion of Lot 902, including the batters and perimeter of the basin must be revegetated to incorporate groundcovers, shrubs and canopy species with a greater ratio of canopy trees species, a density of 1 plant per square metre and pre-clearing regional ecosystem species.

c Such rehabilitation details must be included within the Open Space Management Plan to be submitted to Council for approval, the subject of Condition 48.

Remains unchanged.


ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition 47 which currently reads: Transfer of open space











Lot 903

(7978m2)







d The transfer of the land to Council must be at no cost to Council. is changed to read as follows: Transfer of open space












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

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated.

d The applicant must lodge the transfer documents with Council at the same time as lodgement of the subdivision plans or, if no subdivision plans are required, prior to the commencement of the use.

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

f The transfer of the land to Council must be at no cost to Council. Condition G1 which currently reads: Amended plans/drawings to be submitted








ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2is changed to read as follows: Amended plans/drawings to be submitted












v Is deleted vi Erosion and sediment controls for areas of earthworks disturbance and

vegetation clearing with specific reference to slope sensitive areas. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to the earlier of: i Submission of amended plans required by conditions of this decision





ITEM 1 (CONTINUED) NEGOTIATED DECISION FOR PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE (UNDER SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009) FOR DETACHED DWELLINGS AND ATTACHED DWELLINGS, DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (SUBDIVISION TO CREATE 72 LOT FREEHOLD LOTS, 7 COMMUNITY TITLE LOTS, 1 MANAGEMENT LOT, PARK AND NEW ROAD), DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGES TO GROUND LEVEL) AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (VEGETATION CLEARING) - LOT 7 ON RP158378, LOT 8 ON RP158378 57-71 WAVERLEY DRIVE, PIMPAMA - DIVISION 1 PN131593/123/DA2Condition G3 which currently reads: Staged clearing Vegetation clearing must be undertaken in accordance with the stages shown on Proposal Plan No. 2 rev D dated 11/05/2012 by Bennett & Bennett (the approved staging plan), as amended by this approval. is changed to read as follows: Vegetation clearing and stabilisation

a Vegetation clearing must be undertaken to minimise erosion and sedimentation in slope sensitive areas by either: i staging the clearing at the time of works; or ii ensuring that cleared areas are appropriately stabilised in accordance with

Condition 15 of Part D & E. b Any disturbed/loosened soils resulting from the tree clearing operations on site

must be re-compacted, and the re-compaction of the soils must be carried out generally in compliance with geotechnical conditions of this decision notice and to the satisfaction of the applicant’s geotechnical engineer in order to maintain long term stability of the site/lots.

B All other conditions of the development approval, dated 21 September 2012, shall remain unchanged.

CARRIED


ATTACHMENT 1.1


ATTACHMENT 1.2


ATTACHMENT 1.3


ATTACHMENT 1.4


ATTACHMENT 1.5


ATTACHMENT 1.6


ITEM 2 IMPLEMENTATION & ASSESSMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Refer 12 page attachment BRIEF SUMMARY Council is in receipt of a Development Permit for a Material Change of Use (Impact Assessment) application for a Detached Dwelling (Four Storey) on the site located at 41 Rankin Parade, Main Beach, properly described as Lot 41 on M73832. Under the Gold Coast Planning Scheme 2003, the subject site resides within the Residential Choice Domain. The proposed Detached Dwelling triggers Self Assessment pursuant to Table of Development A (Material Change of Use). However, due to the proposed Detached Dwelling exceeding two (2) storeys as per Table of Development B (Material Change of Use Overlay Provisions), the proposal triggers Impact Assessment.

The application was deemed properly made on 16 October 2012, requiring assessment under Council’s Gold Coast Planning Scheme 2003, Version 1.2. Under this scheme, the proposed use is defined as Detached Dwelling.

The applicant is proposing to establish a four (4) storey 865m2 Detached Dwelling on a vacant 506m2 portion of land, on the corner of Mountbatten Avenue and Rankin Parade.

The proposed dwelling is setback approximately five (5) metres from Mountbatten Avenue, four (4) metres from Rankin Parade and 2.6 metres from the corner of Mountbatten Avenue and Rankin Parade. A carport is proposed to be built on the front boundary of Mountbatten Avenue, with a gatehouse and small service area proposed on the front boundary of Rankin Parade. The proposed Detached Dwelling is setback 1.5 metres from both side boundaries, with only a garage proposed on the eastern side boundary. The proposed site coverage is 55.7%

The applicant has noted that even though the proposal technically constitutes a four (4) storey dwelling, the upper storey represents a partial storey due to a 55m2 enclosed gym. Therefore, to Rankin Parade the house indicatively constitutes a 3.5 storey Detached Dwelling.

Access to the site is proposed from a single vehicle crossover off Mountbatten Avenue, with a gatehouse providing pedestrian access from Rankin Parade. Additionally, car parking is provided through the establishment of both a garage and carport.

The application triggered no external referrals and the proposal has been assessed against the following codes; Place Code Residential Choice Domain Specific Development Code Detached Dwellings

Landscape Work Constraint Code(s) Gold Coast Airport and Aviation Facilities

Car Parking, Access & Transport Integration

Flood Affected Areas

Ocean Front Land


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3

An assessment of the application has determined the proposed development does not compromise the achievement of the Desired Environmental Outcomes (DEOs). The proposal is considered to generally comply with the Acceptable Solutions of the applicable Codes, and ensures an appropriate outcome can be achieved for the site. Where required, conditions have been included in the Officer’s recommendation to ensure compliance with the relevant Performance Criteria.

In response to public notification, a total of two (2) properly made submissions were received. The main points of objection relate to building height, site coverage, accommodation density and building setbacks. The submitter concerns have been addressed in this report and suitable conditions have been included in the officer’s recommendation to address such concerns where appropriate. Furthermore, the concerns do not warrant the refusal of this application.

Based on the information submitted and the detailed assessment given within this report, there are sufficient grounds to conclude the proposal meets the applicable codes, and therefore, it is recommended that the proposed development be approved, subject to the imposition of reasonable and relevant conditions. BASIC INFORMATION

Title Details Lot 41 on M73832 Address 41 Rankin Parade, Main Beach Applicant Gary McPherson C/- Planit Consulting Pty Ltd Owner At Time Of Lodgement Julie Maree McPherson & Gary John McPherson Current Owner Julie Maree McPherson & Gary John McPherson Site Area 506m2 Date Application Received 16 October 2012 Date Entered Decision 20 December 2012 Decision Due Date 25 January 2012 Domain Residential Choice Domain State Planning Policies Not Applicable Decision Type Development Permit for a Material Change of Use

(Impact Assessment) for a Detached Dwelling (Four Storey)

Submissions Two (2) Properly Made Submissions


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3PROPOSAL The applicant is seeking a Development Permit for a Material Change of Use (Impact Assessment) application for a Detached Dwelling (Four Storey).

The applicant is proposing to establish a four (4) storey 865m2 Detached Dwelling on a vacant 506m2 portion of land, on the corner of Mountbatten Avenue and Rankin Parade.

Image 1- Proposed Perspective The proposed four (4) storey Detached Dwelling comprises of the following components: The ground floor accommodates a garage, carport, kitchen, living room, study and

powder room.

The first floor accommodates a kitchen and bathroom.

The second floor accommodates two (2) bedrooms with ensuites and a recreation room.

The third floor accommodates a gym and rooftop terrace.

The application also involves the establishment of a gatehouse to provide pedestrian access off Rankin Parade, along with a small service area.

The proposed dwelling is setback approximately five (5) metres from Mountbatten Avenue, four (4) metres from Rankin Parade and 2.6 metres from the corner of Mountbatten Avenue and Rankin Parade. A carport is proposed to be built on the front boundary of Mountbatten Avenue, with a gatehouse and small service area proposed on the front boundary of Rankin Parade. The proposed dwelling is setback 1.5 metres from both boundaries, with only a garage proposed on the eastern side boundary. The proposed site coverage is 55.7%



Image 2- Proposed Site Plan The applicant has noted that even though the proposal technically constitutes a four (4) storey dwelling, the upper storey represents a partial storey due to a 55m2 enclosed gym. Therefore, to Rankin Parade the house indicatively constitutes a 3.5 storey Detached Dwelling.

Access to the site is proposed from a single vehicle crossover off Mountbatten Avenue, with a gatehouse providing access from Rankin Parade. Additionally, car parking is provided through the establishment of both a garage and carport.



The proposal requires the consideration of six (6) alternative solutions in relation to the following codes: Residential Choice Domain Place Code

Acceptable Solution AS1.1.1 in relation to building height. Acceptable Solution AS3.1.1 in relation to site coverage. Acceptable Solution AS4.1.1 and AS4.1.2 in relation to building setbacks. Acceptable Solution AS6.1.1 in relation to building height. Acceptable Solution AS7.1.2 in relation to building setbacks.

Detached Dwellings Specific Development Code

Acceptable Solution AS3.1.1 in relation to covered car parking space/ carport. SITE & ENVIRONMENT Characteristics of Site The subject site is located at 41 Rankin Parade, Main Beach, properly described as Lot 41 on M73832. The site is located within the Residential Choice Domain and has a total site area of 506m2.

Image 3- Subject Site The subject site is a corner allotment that fronts onto both Rankin Parade to the west and Mountbatten Avenue to the north. The subject site has a road frontage of approximately twenty (20) metres onto Rankin Parade and fifteen (15) metres onto Mountbatten Avenue. The subject site is currently vacant, unimproved and relatively flat in topography. There is also minimal vegetation existing on site.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Surrounding Environment The surrounding area adjoining the subject site consists of Attached and Detached Dwellings, along with apartment style tourist accommodation to the east of the site. The Gold Coast Highway and the Nerang River exist to the west of the site, with Main Beach located further east.

There exists three (3) approvals for Detached Dwellings above the designated two (2) storey height limit in close proximity to the subject site. 35 Rankin Parade, Main Beach: Detached Dwelling (Partial Fourth Storey)

Approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling with a Partial Fourth Storey on 21 June 2010. (Council reference: PN62111/01/DA3) 33 Rankin Parade, Main Beach: Detached Dwelling (Three Storey)

Approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling (Three Storey) on 9 January 2009. (Council Reference: PN62113/01/DA5) 37 Rankin Parade, Main Beach: Detached Dwelling (Three Storey)

Approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling (Three Storey) on 2 May 2008. (Council Reference: 62112/01/DA1)

Image 4- Subject Site


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3DEVELOPMENT ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions N/A the regional plan for a designated region The proposal is

considered to comply with the provisions of the SEQ Regional Plan 2009-2031

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

N/A

a structure plan N/A for development in a declared master planned area—all master

plans for the area N/A

a temporary local planning instrument N/A an earlier preliminary approval to which section 242 applies N/A a planning scheme See below the adopted infrastructure charges resolution or the priority

infrastructure plan. N/A

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

material has been regarded

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

Refer to above site and surrounding area section

any referral agency’s response for the application N/A


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Planning Scheme assessment

Place Code Constraint Code Specific Development Code

Residential Choice Domain Gold Coast Airport and Aviation Facilities

Car Parking, Access & Transport Integration

Flood Affected Areas

Ocean Front Land

Detached Dwellings

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 Detached Dwelling:

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

which triggers self assessment pursuant to table of development A (Material Change of Use). However, due to the proposed Detached Dwelling exceeding two (2) storeys as per table of development B (Material Change of Use Overlay Provisions), the proposal 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.”


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Officer’s Comments: The proposal is considered to generally comply with the overall intent of the Residential Choice Domain, given the site is proposed to be utilised as a Detached Dwelling. The intent statement seeks to provide a range of housing choices responsive to the changing demographic structure of the city. It is considered that the proposed development will maintain the high standard of residential amenity existing within the surrounding area. The scale and nature of the proposal is considered consistent with the surrounding land use pattern and is considered to retain consistency with the existing intent. Over time, the surrounding area has seen an increase in height of detached and attached dwellings, along with an increase of apartment buildings to cater for tourist accommodation. As such, the proposed height is considered to support the surrounding development, future development and is also considered to relate well to the existing dwellings.

Therefore, the proposal is considered to comply 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 Acceptable Solution

PC1

All buildings must be of a height which is in keeping with the predominant residential character of the surrounding area. Building height must not result in a significant loss of visual amenity.

AS1.1.1

The building has a maximum of two storeys.

Applicant’s Comments: “In this regard, it is noted that the dwelling is approximately 12.6 metres above natural ground level to the highest point of ceiling, and comprises of four (4) storeys as technically defined by the Gold Coast Planning Scheme, however the design of the building visually presents as a three (3) storey dwelling. The upper storey constitutes a 55m2 enclosed gym, the remainder of this storey is an unenclosed roof-top terrace. As such, the upper level only constitutes a partial storey and the development only presents as a 3.5 storey detached dwelling from the street.

The height of the proposed dwelling is entirely consistent with the height of dwellings in the immediate surrounding area. The site analysis demonstrates that dwellings within the immediate vicinity of the subject site commonly exceeds the two (2) storey height limit. As such, it is considered that the proposed development is in keeping with the height of the surrounding development.”


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Officer’s Comments: AS1.1.1 of the Residential Choice Domain is as follows:

“The building has a maximum of two (2) storeys.”

The proposed development is four (4) storeys in height and therefore an alternative solution to achieve PC1 of the Residential Choice Domain is proposed. Performance Criteria 1 states:

“All buildings must be of a height which is in keeping with the predominant residential character of the surrounding area. Building height must not result in a significant loss of visual amenity.”

The height of the dwelling is in keeping and consistent with the size and scale of other existing dwellings along Rankin Parade. The proposed dwelling presents to Rankin Parade as a three (3) storey dwelling with a partial fourth storey; the fourth storey only constitutes 24.75% of the gross floor area of the floor immediately below. Amended plans submitted as part of the information request to Council satisfy the City Architect in terms of the proposed bulk, scale and design of the Detached Dwelling.

The revised proposal demonstrates articulation of the facades by the addition of expressed balconies and building protrusions. This effectively has reduced the ‘box’ like appearance and has ensured the external form of the building contains variation. This assists in reducing the perceived bulk and mass of the building when viewed from the street and helps to break down the height of the building.

As such, it is considered that the proposed height and design is in keeping with the character of the surrounding area. Council officers are satisfied that the proposed height will not result in a significant loss of visual amenity to the existing streetscape. The development has achieved a reasonable standard and will, over time, continue to integrate with the character of the local neighbourhood. The massing and proportions of the new dwelling are consistent with a number of neighbouring buildings. Additionally, the proposed building materials, patterns, textures and colours are complementary to existing dwellings within the area.

Based on the above, the proposal is considered to comply with Performance Criteria 1 of the Residential Choice Domain.


PC3

The site coverage of all buildings must not result in a built form that is bulky and visually intrusive.

AS3.1.1

The site coverage does not exceed 50% of the site area where a detached dwelling is proposed.

Applicant’s Comments: “The applicant is proposing an alternative solution as the proposed development has a site coverage of 53.7%. Reference is drawn to the detailed site analysis, which shows property boundaries and building footprints of existing development within the immediate surrounding area. It is noted that detached dwelling developments in this locale are commonly what can be referred to as oversized. It is presented that numerous dwellings in the immediate surrounding area exceed the maximum site coverage set by the Residential Choice Domain, being 50%.”


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Officer’s Comments: AS3.1.1 of the Residential Choice Domain is as follows:

“The site coverage does not exceed 50% of the site area where a detached dwelling is proposed.”

The proposed site coverage totals 55.7% and therefore provides an alternative solution to achieve PC3 of the Residential Choice Domain, which states:

“The site coverage of all buildings must not result in a built form that is bulky and visually intrusive.”

The proposed development is considered to generally satisfy Performance Criteria 3 of the Residential Choice Domain. The proposed design and built form of the Detached Dwelling is considered suitable for the subject site and is consistent with existing dwellings in the surrounding area. The minor increase in site coverage is considered acceptable as the revised form proposed as part of the information response reduces the perceived bulk and mass of the building when viewed from the street. The additional 5.7% is significantly due to a feature gate house/ entry structure that is indicative of individualistic architectural styles within the surrounding neighbourhood. Due to the architectural quality and the general compliance with setbacks, a proposed increase in site coverage is generally supported.



PC4

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.

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.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Applicant’s Comments: “A minor alternative solution is proposed in regards to the setbacks. The subject site has two (2) street frontages (Rankin Parade and Mountbatten Avenue). Acceptable Solution 4.1.1 requires that the building and covered car parking spaces are setback six (6) metres from the frontage of the site. The main building is setback approximately 5 metres to Mountbatten Avenue and setback 3 metres to 4 metres (at varying parts of the building) to Rankin Parade.”Officer’s Comments: AS4.1.1 of the Residential Choice Domain is as follows:

“The building and covered car parking space is setback not less than six metres from the frontage of the site.”

The proposed development is providing an alternative solution for setbacks to both frontages as the site is a corner allotment. To Mountbatten Avenue the proposed setback to the ground floor of the dwelling is approximately five (5) metres to the front property boundary, four (4) metres to Rankin Parade and 2.6 metres to the corner of Mountbatten Avenue and Rankin Parade. The applicant is also requesting approval to establish a carport on the front boundary of Mountbatten Avenue, in addition to a small service area and gatehouse that provides pedestrian access from Rankin Parade. These proposed encroachments are not considered to impact on the existing amenity within the surrounding area. The property is a corner allotment and as such is required to comply with larger setbacks from both frontages, which is considered onerous in this instance due to the size and configuration of the lot. It is considered that the location of the proposed dwelling and carport maintains appropriate setbacks, ensures efficient use of the site and will continue to maintain the existing streetscape character.

AS4.1.2 of the Residential Choice Domain is as follows:

“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.

The proposed development is generally compliant with the abovementioned Acceptable Solutions and only minor encroachments are requested. The proposed garaged is located on the eastern side boundary, however as it is a covered car parking space that is associated with a Detached Dwelling, it is excluded from the above requirements. The proposed carport, gatehouse and small service area are however located within the front six (6) metre setback as discussed in AS4.1.1, and as such a minor relaxation is requested as the carport is located one (1) metre from the eastern side boundary. This minor encroachment is considered acceptable as the proposed design does not impact on neighbouring properties and is consistent with existing dwellings in the surrounding area.



The proposed height when measured at 7.5 metres is compliant with the required two (2) metre setback. The only exception proposed is a balcony with an open style screen that is located one (1) metre from the eastern side boundary, as it utilises the ground floor carport roof. The proposed dwelling is also generally compliant with the required setbacks of AS4.1.2c. The second floor plan requires a minor relaxation of 420mm, as even though the building itself satisfies the 2.5 metre requirement, the outer most projection of the balcony is setback only 2.08metres from the boundary.

The proposed encroachments are minor and will still maintain the existing amenity and streetscape character within the area. Considering the subject site is a corner allotment, Council officers are satisfied the proposal makes efficient use of the site and has ensured sufficient setbacks are provided from neighbouring properties.



PC6

All buildings must be of a height which is in keeping with the predominant residential character of the surrounding area. Building height must not result in a significant loss of visual amenity.

AS6.1.1

The building is not more than 8.5 metres in height and has a maximum of two storeys.

Officer’s Comments: AS6.1.1 of the Residential Choice Domain is as follows:

“The building is not more than 8.5 metres in height and has a maximum of two storeys.”

As previously discussed above when addressing Performance Criteria 1 of the Residential Choice Domain, the proposed development will have minimal impact on the amenity of the existing residential area.

The height of the dwelling is in keeping and consistent with the size and scale of other existing dwellings along Rankin Parade. The proposed dwelling presents to Rankin Parade as a three (3) storey dwelling with a partial fourth storey; the fourth storey only constitutes 24.75% of the gross floor area of the floor immediately below. Amended plans submitted as part of the information request satisfy the City Architect in terms of the proposed bulk, scale and design of the Detached Dwelling.

The revised proposal demonstrates articulation of the facades by the addition of expressed balconies and building protrusions. This effectively has reduced the ‘box’ like appearance and has ensured the external form of the building contains variation. This assists in reducing the perceived bulk and mass of the building when viewed from the street and helps to break down the height of the building.



As such, it is considered that the proposed height and design is in keeping with the character of the surrounding area. Council officers are satisfied that the proposed height will not result in a loss of visual amenity to the existing streetscape. The development proposal has achieved a reasonable standard and will, over time, continue to integrate with the character of the local neighbourhood. The massing and proportions of the new dwelling are consistent with a number of neighbouring buildings, with the proposed building materials, patterns, textures and colours complementing existing buildings.



PC7

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.

AS7.1.2

The building is on a site not designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height, is not more than 11.5 metres in height, has a maximum of three storeys (including a partial third storey) and is set back in accordance with AS6.1.3.

Applicant’s Comments: “As previously discussed, the proposed development exceeds the two (2) storey height limit of the Residential Choice Domain and comprises a total building height of approximately 12.6 metres above ground level. With regards to the building setback distance, the building will encroach the ten (10) metre setback from all boundaries of the site. If the proposal were to adhere to this setback requirement, there would be insufficient room to accommodate any form of development on site. It is considered that the setbacks proposed are suitable for the use proposed and are consistent with the scale and nature of development in the surrounding area.” Officer’s Comments: AS7.1.2 of the Residential Choice Domain is as follows:

“The building is on a site not designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height, is not more than 11.5 metres in height, has a maximum of three storeys (including a partial third storey) and is set back in accordance with AS6.1.3.”

As previously discussed within Performance Criteria 4, the proposed encroachments are considered acceptable, with the proposed design being consistent with existing dwellings in the surrounding area. The proposed encroachments are minor and still maintain the existing amenity and streetscape character within the area. If the proposal were to comply with the ten (10) metre setback listed within AS6.1.3, there would be insufficient room to accommodate any form of development on the subject site.

It is considered that the proposed setbacks are consistent with the scale and nature of development existing in the surrounding area and that the proposal will continue to maintain the existing streetscape character.



ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Compliance with the Relevant Constraint Codes and Overlay Maps The proposal complies with all of the Constraint Code’s Acceptable Solutions and Performance Criteria. Compliance with the Relevant Specific Development Code The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria, except as follows:

Detached Dwellings Specific Development Code


PC3

The covered car parking space/carport must be located and designed to:

a) aesthetically complement the main dwelling;

b) not dominate the street frontage;

c) have minimal adverse effect on the amenity, likely amenity and character of the neighbourhood.

AS3.1.1

The covered car parking space/carport is set back in accordance with the frontage setback requirements specified in the relevant domain or LAP.

Officer’s Comments: AS3.1.1 of the Residential Choice Domain is as follows:

“The covered car parking space/carport is set back in accordance with the frontage setback requirements specified in the relevant domain or LAP.”

As previously discussed in AS4.1.1, the proposed carport is located within the six (6) metre setback from the road frontage as prescribed by the Residential Choice Domain Place Code. This encroachment is considered acceptable due to the proposed fencing and gatehouse design that is associated with the proposed location of the carport. The covered carport is aesthetically pleasing, complements the main dwelling, does not dominate the street frontage and will not be detrimental to the existing streetscape amenity of the neighbourhood.

Based on the above, the proposal is considered to comply with Performance Criteria 3 of the Detached Dwellings Specific Development Code. REFERRALS External Referrals The application triggered no external referrals.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3Internal ReferralsThe subject application was made available for referral to representatives from the following departments, through the Development Assessment Review Team (DART) process on 22 October 2012: Health and Regulatory Services Environmental Assessment

City Transport Operational Works

Engineering Hydraulic Engineering

Parks and Recreational Services Qld Fire & Rescue (Bushfire)

City Architect Engineering Services

Gold Coast Water Landscape Assessment

Social Planning Beaches and Water

From this meeting, the application was referred to City Transport, Health and Regulatory Services, City Architect, Engineering Services, Arboricultural Assessment, Landscape Assessment, Gold Coast Water and Plumbing and Drainage. Each of these branches have reviewed the application and are satisfied the proposal complies with the Planning Scheme provisions. Where conditions have been required, they have been included in the Officer’s recommendation. INFRASTRUCTURE CHARGES CALCULATIONS Developer Contributions Group have confirmed no infrastructure charges are applicable. ADVERTISING 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 advertising, two (2) submissions were received. The main points of objection are listed, followed by the Officer’s comment.



Point of Objection Officer’s Comment

Setbacks The garage setback to the

eastern boundary.

Front setback to Mountbatten.

Example:

“Garage with no setback on our boundary 9000mm in length”

As previously discussed, the proposed garage is setback 6.6metres from the front property boundary. As it is a covered car parking space associated with the Detached Dwelling, it is not required to comply with the 1.5 metre side setback requirement as listed in AS4.1.2 of the Residential Choice Domain Place Code.

The proposed setbacks of the dwelling to Mountbatten Avenue are 5.4 metres and 5.1 metres. The setback to the corner of Mountbatten Avenue and Rankin Parade is 2.6 metres. This is considered acceptable once taking into account the configuration of the subject site, along with the larger setback requirements as the lot has two (2) road frontages. The dwelling has been designed to incorporate a front fence with associated landscaping that compliments the design of the building and assists in screening the proposed encroachments.

The proposed carport fronting Mountbatten Avenue is positioned on the front property boundary and is setback one (1) metre from the eastern side boundary, allowing a sufficient distance to ensure minimal impact on the adjoining property. This carport forms part of the front fence design and in turn will help to enhance the existing streetscape character. It should also be noted that a review of near maps showed a number of properties within the surrounding area with carports built to the front property boundary.

Both of the abovementioned encroachments are considered to provide appropriate setbacks that not only allow for efficient use of the subject site, but also maintains the existing streetscape character.

As such, this point of objection is not considered a valid ground for the refusal of this application.



Building Height Four storey height.

Example:

“Imposition on privacy and amenity against planning guidelines”.

As previously discussed, the height of the dwelling is in keeping and consistent with the size and scale of other existing dwellings along Rankin Parade. The proposed dwelling presents to the street as a three (3) storey dwelling with a partial fourth storey, as the top storey only constitutes 24.75% of the gross floor area of the floor immediately below it.

The applicant submitted a revised proposal to Council’s Information Request as required by the City Architect. The revised proposal demonstrates articulation of the facades by the addition of expressed balconies and building protrusions. This effectively has reduced the ‘box’ like appearance and has ensured the external form of the building contains variation. This assists in reducing the perceived bulk and mass of the building when viewed from the street and helps to break down the height of the building.

A review of Council’s records found that approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling with a Partial Fourth Storey on 21 June 2010 at 35 Rankin Parade, Main Beach. (Council reference: PN62111/01/DA3)

Approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling (Three Storey) on 9 January 2009 at 33 Rankin Parade, Main Beach. (Council Reference: PN62113/01/DA5)

Approval was granted for a Development Permit for a Material Change of Use for a Detached Dwelling (Three Storey) on 2 May 2008 at 37 Rankin Parade, Main Beach. (Council Reference: 62112/01/DA1)

As such, it is considered that the proposed height and design is in keeping with the character of the surrounding area. Council officers are satisfied that the proposed height will not result in a significant loss of visual amenity to the existing streetscape.

The development proposal has achieved a reasonable standard and will, over time, continue to integrate with the character of the local neighbourhood. The massing and proportions of the new dwelling are consistent with a number of neighbouring buildings. Additionally, the proposed building materials, patterns, textures and colours complement existing buildings.




Site Coverage Fails to conform with

Performance Criteria.

The proposed design and built form of the Detached Dwelling is considered suitable for the subject site and is consistent with existing dwellings in the surrounding area. The minor increase in site coverage is considered acceptable as the revised form proposed as part of the information response reduces the perceived bulk and mass of the building when viewed from the street. The additional 5.7% is significantly due to a feature gate house/ entry structure that is indicative of individualistic architectural styles within the surrounding neighbourhood. Due to the architectural quality and the general compliance with setbacks, a proposed increase in site coverage is generally supported.


CONCLUSION Council is in receipt of a Material Change of Use (Impact Assessment) application for a Development Permit for a Detached Dwelling (Four Storey), on the site located at 41 Rankin Parade, Main Beach.

An assessment of the application has determined the proposal generally complies with the Acceptable Solutions and Performance Criteria of the applicable Codes, and that an appropriate outcome can be achieved for the site. Council officers are satisfied that the proposed height is in keeping and consistent with the intent of the Residential Choice Domain and with the surrounding area. The proposed dwelling will maintain the existing amenity and will in no way be detrimental to the existing streetscape character. Therefore, it is recommended the proposed development be approved subject to the imposition of reasonable and relevant conditions. RECOMMENDATION It is recommended Council resolve: Real Property Description Lot 41 on M73832 Address of Property 41 Rankin Parade, Main Beach Area of Property 506m2 Decision Type Development Permit for a Material Change of Use


Further Development Permits Building Works, Vehicle Crossover, Operational Works (Tree Works), Operational Works (Works for Infrastructure), Operational Works (Landscaping)

Further Compliance Permits Sewerage Works, Water Supply Works Compliance Assessment required for documents or works

Not Applicable


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for a Detached Dwelling (Four Storey), subject to the following conditions:

APPROVED PLANS/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.


WD-00.00 B Site Plan Sept 2012 BGD Architects

WD-10.01 B Ground Floor Plan Sept 2012 BGD Architects

WD-10.02 B First Floor Plan Sept 2012 BGD Architects

WD-10.03 B Second Floor Plan Sept 2012 BGD Architects

WD-10.04 B Third Floor Plan Sept 2012 BGD Architects

WD-20.01 B Rankin Parade- Street Elevation

Sept 2012 BGD Architects

WD-20-10 A Rankin Parade- Original & Updated Elevations


WD-20.11 A Rankin Parade- Original & Updated Elevations


WD-60.10 A Original & Updated Perspectives






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

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.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA34 Any deviations require further approval

Any proposed deviation from the approved plans/drawings as a result of on-site or in-situ conditions must not be made unless amended plans/drawings are submitted and approved by Council. The development must be carried out in accordance with the approved amended plans/drawings.

5 Notice of works timetable After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 3 business days prior to the commencement of any works on-site, 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 Team Leader (fax: 07 5582 8080; phone: 07 5582 8184). 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 www.goldcoast.qld.gov.au/forms (Building & Development).

AMENITY 6 Height of Garage

The proposed garage (including parapets) is restricted to a maximum height of 3.5 metres within the 1.5 metre eastern side setback.

7 Exterior Boundary Wall The exterior eastern boundary wall shall be painted using materials, patterns, textures and colours compatible with the detached dwelling.

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

9 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.

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 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 and located to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3CAR PARKING AND ACCESS 12 Off-street car parking facilities

Off-street car parking facilities must be designed and constructed to the satisfaction of the Chief Executive Officer and at no cost to Council, prior to the commencement of the use, the subject of the development approval and in accordance with the following: a The off-street car parking facilities (including landscaping) must be designed in

accordance with: i The plans/drawings referred to in this development approval; and ii Car Parking, Access and Transport Integration Constraints Code (Gold

Coast City Council Planning Scheme 2003 Version 1.2 amended November 2011); and

iii Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking.

b The off-street car parking facilities must only be used for vehicle parking. c The off-street car parking facilities must be drained and sealed to a reasonable

standard acceptable to a RPEQ qualified Engineer. 13 Domestic driveway – gradients and geometry

a Driveways must comply with the requirements of Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking (as relevant to domestic driveways).

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

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


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3VEHICULAR CROSSINGS AND DRIVEWAYS 14 Vehicular crossings

a A vehicular crossing (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawings for vehicular crossings as applicable, allowing for a suitable footpath to be added at the appropriate location: i 05-02-302 Vehicular crossing low density residential, and 05-02-303

Vehicular crossing low density residential requirements. b The shape and dimensions of the vehicular crossing must be consistent with the

details and sketch requirements included within Standard Drawing 05-02-303. c The new vehicular crossing must be constructed square to the street alignment

and be provided with a non-slip finish to the surface. d The vehicular crossing including the splays must have at least 1.5 metres

clearance to the projected common side property boundaries. e The vehicular crossing including the splays must have at least a 1.0 metre

clearance to the wings of the stormwater road inlet gully within the street verge. f All clearances are to be measured at the kerb line. g The applicant must apply for and obtain a licence from Council for the

construction of the vehicular crossing. h The vehicular crossing must be constructed to the satisfaction of the Chief

Executive Officer prior to commencement of the use of the premises. 15 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, prior to the commencement of the use of the premises.

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


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3ROAD RESERVE ALTERATIONS/RECONSTRUCTION 17 Approval required for alterations to road reserve/Council services

The applicant must obtain a development permit for operational work (works for infrastructure) before any alterations to the road reserve or Council water, sewer and/or stormwater services and all other Council assets can be carried out. Such alterations may include but are not limited to: a Reinstatement of disused driveway crossovers with kerb and channel; b Footpath construction; c Pavement construction; d Kerb and channel; e Kerb ramps; f Alteration to footpath levels; g Signage and linemarking; h Alterations, connections or additions to Council’s stormwater, water and sewer

systems and other assets; i Retaining walls; j Medians and traffic islands; and k All road furniture.

18 Reconstruction of kerb and channel a Where kerb and channel is removed or damaged, the applicant must reconstruct

the damaged portion of the kerb and channel for the full frontages of the development site at Rankin Parade and Mountbatten 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.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel is to be at the applicant’s cost and at no cost to Council.

19 Location of stairs, ramps, associated handrails and surface indicators Any stairs, ramps, associated handrails and tactile ground surface indicators must be located wholly within the private property of the development site.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3STORMWATER AND WATER QUALITY 20 Stormwater discharge

Stormwater discharge generated from the development site must be directed, by gravity, to the kerb and channel within the street verge via a maximum of 2 / 150 x 100 RHS (Rectangular Hollow Section) kerb adaptors.

21 Removal of redundant stormwater kerb adaptors / service pits The applicant must, at the applicant’s cost and at no cost to Council and prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel within the street verge (including any associated pipework across the footpath).

CONSTRUCTION MANAGEMENT 22 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.

23 Workplace health and safety The Workplace Health and Safety Act 1995 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.

24 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.


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3VEGETATION MANAGEMENT 25 Vegetation works OPW application required

This approval does not approve vegetation clearing or damage. Prior to commencement of such works, a development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved bushfire management plan. c 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:

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

equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

LANDSCAPE WORKS ON PRIVATE LAND 26 Detailed landscape plan to be submitted for approval

a The applicant must submit to Council for approval a detailed landscape plan, by making a development application for operational work (landscape work). 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.

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

professional;ii Reflect the approved layout (including any amendments to that layout

required by these conditions) and the conditions of this approval; and iii Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 –

Landscape Works Documentation Manual.



c The required landscaping plan must also demonstrate the following: i Palm trees within the frontage setback area of the site must exhibit three

(3) metres of clear trunk height at time of planting; ii Should Phoenix canariensis be used on the site, a maintenance plan must

be included with the required detailed landscape plan addressing how the trees will be protected from Rhabdocelus obduratus (Cane Weevil), Diocalandra spp (Coconut Weevil) and Fusarium wilt; and

iii All landscape planting associated with the development must be contained within private land.

27 Frontage Fences Frontage fences must be set back a minimum 600mm within the site boundaries so that the shrub planting shown on the submitted architectural plans may be included within the site boundaries.

PLUMBING & DRAINAGE 28 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 regulated water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

29 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 regulated sewerage works within the property, without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

GOLD COAST WATER CONDITIONS OF APPROVAL Advice Note: The following part of this development approval represents the conditions for potable water supply and wastewater for Gold Coast Water:


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3WASTEWATER30 Wastewater reticulation

a The proposed development must be connected to Council’s reticulated wastewater system, prior to commencement of use of premises, at the applicant’s cost.

b Private wastewater reticulation works internal to the development site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 and Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines.

31 Connection point The existing 150mm main in Rankin Parade must be used as the connection point, unless otherwise approved by Gold Coast Water.

32 Connections – arrangements with Gold Coast Water Live connection to the existing wastewater main shall be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Network Reliability Branch (phone 5581 7564) to make arrangements for the connection and to obtain a quotation for the work.

WATER SUPPLY RETICULATION 33 Water supply reticulation (potable only)

a The proposed development must be connected to Council’s reticulated water system, prior to commencement of use of premises, at the applicant’s cost.

b Private water reticulation works internal to the development site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 and Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines.

34 Connection point The existing 225mm main in Rankin Parade must be used as the water supply connection point, unless otherwise approved by Gold Coast Water.

35 Connections – arrangements with Gold Coast Water Live connection to the existing water main shall be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Network Reliability Branch (phone 5581 7564) to make arrangements for the connection (including to obtain a quotation for the work).


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA336 Installation of property service, water meter box, and meter

The applicant must, prior to commencement of use: a Provide a 20mm property service and water meter box to the boundary of the

development site in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings

b The installation of the property service, including tapping and water meter box including live connection, shall be installed by Gold Coast Water at the time of building application and at the cost of the applicant.

c All development shall comply with Clause 4.2.7 of Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines.

37 Supply standard The applicant must provide water supply to the standard specified in Section 4 and 7 of Gold Coast City Council’s Land Development Guidelines.

38 Fire loading Fire loading must not exceed 15L/s for residential uses.

RAINWATER TANKS 39 Rainwater tanks – reticulated supply regions

To achieve water savings targets all detached Dwellings must meet the requirements of Clause 7.3.2.4 (Rainwater Tanks) of Planning Scheme Policy 11- Land Development Guidelines 2005 as amended from time to time.

ADVISORY NOTES TO APPLICANT B 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.

C Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee.

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.



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 payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

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

E Rainwater tanks- reticulated supply regions Information note: A notation is to be placed on Council’s property system for each property, prior to the issue of a certificate of classification, that states: A rainwater tank is required to be installed on the premises in accordance with

Condition of the decision notice; The owner must maintain the rainwater tank system in accordance with all

relevant statutory requirements; and Council’s Plumbing and Drainage inspectors may undertake a random and risk-

based rainwater tank monitoring program involving compliance inspections.



F Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Environment and Resource Management (DERM). 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:

Is not negated by the issuing of this development approval; Applies on all land and water, including freehold land; Lies with the person or entity conducting an activity; and 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 DERM’s Cultural Heritage Coordination Unit on (07) 3238 3838 for further information on the responsibilities of developers under the AHCA.

G Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems.

The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].

H Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work.

If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines.

Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline.

Information note:

An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office.

For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

Author: Authorised by:Sally Taylor Gail Connolly Town Planner Director Planning Environment & Transport January 2013


ITEM 2 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3COMMITTEE RECOMMENDATION CP13.0123.002 moved Cr Gates seconded Cr Caldwell That Council resolve: Real Property Description Lot 41 on M73832 Address of Property 41 Rankin Parade, Main Beach Area of Property 506m2 Decision Type Development Permit for a Material Change of Use


Further Development Permits Building Works, Vehicle Crossover, Operational Works (Tree Works), Operational Works (Works for Infrastructure), Operational Works (Landscaping)

Further Compliance Permits Sewerage Works, Water Supply Works Compliance Assessment required for documents or works

Not Applicable


ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DETACHED DWELLING (FOUR STOREY) - LOT 41 ON M73832 41 RANKIN PARADE MAIN BEACH - DIVISION 7 PN62099/01/DA3NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for a Detached Dwelling (Four Storey), subject to the following conditions:

APPROVED PLANS/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.


WD-00.00 B Site Plan Sept 2012 BGD Architects

WD-10.01 B Ground Floor Plan Sept 2012 BGD Architects

WD-10.02 B First Floor Plan Sept 2012 BGD Architects

WD-10.03 B Second Floor Plan Sept 2012 BGD Architects

WD-10.04 B Third Floor Plan Sept 2012 BGD Architects

WD-20.01 B Rankin Parade- Street Elevation


WD-20-10 A Rankin Parade- Original & Updated Elevations


WD-20.11 A Rankin Parade- Original & Updated Elevations








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

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.