727 city planning committee meeting 23 ......ent pch pdr pool library living ldy kit alfresco ref...

Cypress Terrace

Palm Beach Avenue

Angelica Street

Casuarina Drive

Pacific Motorway

Sara

wak

Aven

ue

Estu

ary V

iew

Lane

West Burleigh Road

Gold Coast Highway

K P Mcgrath Drive

Christine Avenue

Ree

dy C

reek

Roa

d

Nineteenth Avenue

James

Stre

et

Guineas Creek Road

Skyline Terrace

Pacific Parade

Thrower Drive

Duringan Street

Tal le

b udg

era

Cr e

ekR

oad

PALMBEACH

TALLEBUDGERA

CURRUMBIN

CURRUMBINWATERS

BURLEIGHHEADS

MIAMI

ELANORA

BURLEIGHWATERS

CoralSea

Tallebudgera Creek

Curru

mbin

Creek

NineteenthAve Lake

Zone map - map 33 Burleigh Heads

1 2 3 4

6 7 8 9 10

12 13 14 15

5

16 17 18 19

11

20 21 22 23

24 25 26 27 28

29 30 31 32 33

34 35 36 37 38 39

40 41 42 43

ZM-33

0 250 500 m

Approx Scale @ A3 1:25,000Projection:

MGA94 Zone 56

Disclaimer:© City of Gold Coast, Queensland 2015 or © State of Queensland 2015. No warranty given in relation to the data (including accuracy,reliability, completeness or suitability) and no liabilityaccepted (including without limitation, liability in negligence) for any loss, damage or costs (includingconsequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Version 2.0002 Dec 2015Data Source:Zone - CoGCFunctional Road Hierarchy- CoGCWaterways - CoGCCadastre (24 May 2013) - State

Residential zones category

Centres zones category

Recreation zones category

Industry zones category

Other zones category

Functional road hierarchy

Environment zones category

Tourism zones category

Special purpose, Special development areas precinct

State strategic road - (State)

Regional road - (State)

Distributor road - (CoGC)

Sub-arterial road - (CoGC)

Arterial road - (CoGC)

District road - (State)

Unzoned

Community facilities

Emerging community

Extractive industry

Extractive industry, Extractive industry indicative bufferInnovation

Innovation, Bond University precinctInnovation, Gold Coast cultural precinct

Limited development (constrained land)

Mixed use

Special purpose

Township

Low density residential

Low density residential, Large lot precinctLow density residential,Calypso Bay precinct

Medium density residential

Medium density residential, Calypso Bay precinct

High density residential

Centre

Neighbourhood centre

Neighbourhood centre, West Burleigh historic township precinct

Sport and recreation

Sport and recreation, Bond University precinct

Open space

Conservation

Low impact industry

Low impact industry, Future low impact industry precinct

Medium impact industry

Medium impact industry, Future medium impact industry precinct

High impact industry

High impact industry, Future high impact industry precinct

Waterfront and marine industry

Major tourism

Major tourism, Island resorts precinctMajor tourism, Sea World precinctMajor tourism, Wildlife park precinct

Sport and recreation, Bundall equestrian area precinct

RuralRural, Rural landscape and environment precinctRural residential

Rural residential, Rural residential landscape and environment precinct

Mixed use, Fringe business precinct

Township, Commercial precinctTownship, Large lot precinct

Mixed use, Bermuda Point precinct

Local government area boundary

Cadastre boundary

Waterway or waterbody

City Plan

Attachment 2.1727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

107 Adopted Report

2.00

2.00

3.00

3.00

3.14

1.15

2.45

2.53

1.15

1.14

3.10

T

E

3.24

3.57

1.28

3.15

2.61

2.68

2.61

3.10

3.00

2.96

2.19

2.27

1.25

3.08

3.13

3.14

3.18

3.07

2.85

3.07

2.31

2.30

2.34

2.37

8.99

8.71

168° 37' 40"19000

78°

37' 40

"44

875

258°

37'

40"

4556

5

T A L L E B U D G E R AD R I V E

pool

lot 734SP 167320

TWO STOREYDWELLING

lot 732SP 167320

TWO STOREYDWELLING

C A N A L

pool

350° 43' 00"19012

UNIT1

FL 4.000

FL 3.660

FL 3.600

FL 4.000

FL 3.660

FL 3.600

UNIT2

7400

TO W

ALL

8093

TO W

ALL

TO G.F. WALL1500

TO F.F. WALL1500

TO F.F. ROOF1500

TO F.F. WALL2100

9225

TO R

OOF

TO G.F. WALL1500

TO F.F. WALL2100

TO F.F. WALL1500

TO F.F. ROOF1500

9675

TO W

ALL

1.5

m

4.0 m0.5 m

3.0 m

0.5 m

3.7 m

1.5

m

4.0 m0.5 m

3.0 m

0.5 m7.1 m

3.7 m

D1S01.0

D2S01.0

carparking

UP

2200x3700 PLD

820

FL 1.200

(5 CARS)

0412

1 IN

10

1 IN

51 IN

10

carparking

UP

2200x3700 PLD

820

FL 1.200

(5 CARS)

0412

1 IN

10

1 IN

51 IN

10

1159

056

10

200 18600 200

5610

1159

0

1300 4900 2100 2000 2100 4900 1300

7400

350° 43' 00"19012

258°

37'

40"

4556

5

78°

37' 40

"44

875

SEPARATION50 mm

•CONTOURS AND SITE INFORMATION TRANSFERED FROM DWG # 09480 SUPPLIED BY STEWART McINTYRE & ASSOCIATEDSCONSULTING SURVEYORS.•STORMWATER LOCATION & MANAGEMENT TO HYDRAULIC ENGINEERS DRAWINGS.•BUILDER TO ENSURE ALL WATER WILL FALL AWAY FROM THE BUILDING AND NOT BE DISPERSED ONTO ADJOINING PROPERTIES.•LANDSCAPING AS PER LANDSCAPE ARCHITECTS DRAWINGS.

notes

rpdlot 733RP 167320parish tallebudgeracounty wardgold coast c.c.area 859m2site cover 352.2m2 or 41.0%

AREA

TOTAL 949.4m2

UNIT 1BASEMENTGROUND FL.PORCHALFRESCOFIRST FL.VOID

130.4m2136.4m2

4.3m235.4m2

157.2m211.0m2

474.7m2UNIT 2BASEMENTGROUND FL.PORCHALFRESCOFIRST FL.VOID

130.4m2136.4m2

4.3m235.4m2

157.2m211.0m2

474.7m2

4.000 m

1.200 m

RL 2.320

RL 1.180

1 IN 101500 5000 - 1 IN 5 min

1 IN 101500

200

RL 1.330

RL 2.330

82001 IN 8

TRANSITION1500

1 IN 40

PATH ZONE1500 min

1 IN 201235 ±

KER

B INVER

T

PRO

PER

TYBOUNDARY

natural ground line

RL 2.480

RL 2.420RL 2.383

2200285

2269

±

RL 1.180

4.000 m

1.200 m

RL 1.180

1 IN 101500 5000 - 1 IN 5 min

1 IN 101500

200

RL 1.330

RL 2.330

8200

natural ground line

RL 2.480

RL 2.460

RL 1.180

RL 2.360

crossover to comply with local authorityVXO requirements. residential driveways

standard dwgs # RS-049 & RS-050

1 IN 8

TRANSITION1500

1 IN 40

PATH ZONE1500 min

1 IN 83.31635 ±

KER

B INVER

T

PRO

PER

TYBOUNDARY

250

1235 ±

RL 2.423

CHECK ALL DIMENSIONS BEFORE COMMENCEMENT OF CONSTRUCTION.ALL DESIGNS ARE COPYRIGHT AND REMAIN THE PROPERTY OF PROJECTPLANNING GROUP.

SHEET #

SCALE DATE DRAWN

DRAWING

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REFERENCE #

SHOWN

REV # REVISION DATE INIT

QBSA Lisc No. 6267922 Mallawa Drive

Palm Beach QLD 4211ph 0413 801 226

email [email protected]

june 16

LOT 733 ON RP167320130 TALLEBUDGERA DRIVEPALM BEACH 4221

SITE PLAN & BASEMENT

iD

PROPOSED DUAL OCCUPANCY

S01.0 16-21

A basement separation 24.10.16 iD

1 : 100 @ A1

S site plan 1 : 100 @ A1

B basement plan

1 : 50 @ A1

D1 UNIT 1 driveway

1 : 50 @ A1

D2 UNIT 2 driveway

Attachment 2.2 (page 1 of 3 pages)727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

108 Adopted Report

ent

pch

pdr

pool

library

living

ldy

kit

alfresco

ref

pty

wm dry

DN

UP

F I R E

0524

FG05

24FG

770CSD

770

dine

900

2440SD

2440

SD

DN

2412

AW

2424FG

2412

AW

2109

LV21

09LV

21075LV

1500

2436

FG

FL 4.000

FL 3.040

FL 3.660

FL 3.600

FL 2.000

p l a n t e r b o x

sk

bbq

DN

DN

DN

DN

DN

p l a

n t

e r

b

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0606FG2 x

UP

ent

pch

pdr

pool

library

living

ldy

kit

alfresco

ref

pty

wmdry

DN

UP

F I R E

0524

FG05

24FG

770CSD

770

dine

900

2440SD

2440

SD

DN

2412

AW

2424FG

2412

AW

2109

LV21

09LV

21075LV

1500

2436

FG

FL 4.000

FL 3.040

FL 3.660

FL 3.600

FL 2.000

p l a n t e r b o x

sk

bbq

DN

DN

DN

DN

DN

p l a

n t

e r

b

o x

0606FG2 x

UP

168° 37' 40"19000

78°

37' 40

"44

875

258°

37'

40"

4556

5

350° 43' 00"19012

1190

2810

6000

9000

2400

3200

2000

600

3300

1200

4300

2660

0

1190

2810

6000

9000

2400

3200

2000

600

3300

1200

4300

2660

0

1500 1800 5200 2000 5200 1800 1500

70007000

1500 7000 2000 7000 1500

2100 4300 600600 4300 2100

UNIT 1 UNIT 2

living

study

wirens

bed 1

bed 3

bed 2

void

wir

wir

ens

ens

DN

720C

SD

720C

SD72

0CSD

720CSD

720C

SD72

0CSD

2x72

0CSD

820

820

820

sl.dr.820

st

2412

AW

2424FG

2115FG

0615

AW

0624

SW06

06AW

0606

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0606AW

2424FG 2408AW

2412

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0615

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0615

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1418

AW

1409

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1409

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0606

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0606

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study

wirens

bed 1

bed 3

bed 2

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wir

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720C

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720C

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720CSD

720C

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0CSD

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2412

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0606

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78°

37' 40

"44

875

168° 37' 40"19000

258°

37'

40"

4556

5

350° 43' 00"19012

2720

0

7000 2000 7000

2436

FG

2436

FG

600 4300 2100

2720

0

7000 2000 7000

200 4300 2100

600

2100 4300 200

600

3125

4780

5490

4530

9275

9275

4530

5490

4780

3125

2100 4300 600

UNIT 1 UNIT 2

R O B E R O B E

AREA

TOTAL 949.4m2

UNIT 1BASEMENTGROUND FL.PORCHALFRESCOFIRST FL.VOID

130.4m2136.4m2

4.3m235.4m2

157.2m211.0m2

474.7m2UNIT 2BASEMENTGROUND FL.PORCHALFRESCOFIRST FL.VOID

130.4m2136.4m2

4.3m235.4m2

157.2m211.0m2

474.7m2


SHEET #

SCALE DATE DRAWN

DRAWING

PROJECT

REFERENCE #

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june 16


FLOOR PLANS

iD


S02.0 16-21


1 : 100 @ A1

GF

groundfloor plan

1 : 100 @ A1

FF

firstfloor plan

727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

109 Adopted Report

4.000 m

7.060 m

1.200 m

2740

2800

2740

1100

8200

± (

9000

max

abo

ve N

.G.L

.)

4.000 m

2740

7.060 m 7.060 m

1.200 m

3.660 m

620

3080

2740

2800

2740

3.040 m

4.000 m

7.060 m 7.060 m

1.200 m

3.660 m

620

3080

2740

3.040 m

2740

2800

2740

7.060 m 7.060 m

3.660 m3.660 m

2740

3.040 m3.040 m 620

3080

4.000 m

7.060 m 7.060 m

9.800 m

1.200 m

3.660 m

3.040 m 620

3080

2740

2740

2800

2740

4.000 m

7.060 m 7.060 m

9.800 m

1.200 m

3.660 m

3.040 m

2740

620

3080

2740

2800

2740


SHEET #

SCALE DATE DRAWN

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june 16


ELEVATIONS

iD


S03.0 16-21


1 : 100 @ A1

W

STREETwestern elevation

1 : 100 @ A1

1S

UNIT 1southern elevation

1 : 100 @ A1

1N

INIT 1northern elevation

1 : 100 @ A1

E

CANALeastern elevation

1 : 100 @ A1

2S

UNIT 2southern elevation

1 : 100 @ A1

2N

INIT 2northern elevation


110 Adopted Report

Date: 03/11/2016

City Plan 0 10 20 30 405

Metres¢


111 Adopted Report

ITEM 3 CITY DEVELOPMENT DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2 Refer 4 page attachment 1 OVERVIEW Site address 393 Rotary Park Road Alberton Application description

Development Permit for a Material Change of Use (Impact Assessable) for an Outdoor Storage Area

Decision due date 12 December 2016

Proposal

This application is lodged in response to a Show Cause Notice issued with regard to the operation of an unlawful use which has been operating on the subject site for over three (3) years. The proposed Outdoor Storage Area is for the temporary storage of trucks and earth moving equipment when not being used on construction sites. This includes trucks, excavators, trailers and various smaller pieces of construction/earth moving equipment. The proposed use utilises existing buildings on the subject site (detached dwelling, and shed). No new buildings are proposed as part of this application. Hours of Operation: Vehicular movements associated with the operation of the use are proposed to occur between 6:00am and 6:00pm. On-Site Parking: Car parking will be located along the northern elevation of the existing shed. Car parking, truck and an earth moving equipment storage area are proposed in the area identified as ‘car parking area’ on the site plan (refer to Figure 1). Up to five staff (5) parking spaces are provided on site. Landscape: The proposed landscape treatments around the storage area and perimeter of the site will ensure that the proposed use is adequately screened from the street to prevent the development being visually intrusive.

Main Considerations

Consideration Resolution Land Use Acceptable outcome achieved - Council

officers have recommended conditions of approval that will serve to limit the scale of the proposed use. These restrictions assist in mitigating potential impacts, whilst maintaining and enhancing the rural landscape quality of the local area.

Environmental Protection

Acceptable outcome achieved - The development does not result in detrimental impact on the natural environment. The area’s natural values are limited with the local area disturbed through previous development. The most notable natural value is the Logan River to the north of the site. The proposal provides a suitable separation (68 metres) to the Logan River to ensure no negative


112 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2

impacts occur from the operation of the use. Council officers have recommended conditions of approval that place restrictions on use to ensure environmental impacts do not occur.

Submissions

Objections Support Seven (7) properly made objections One (1) not properly made objections

Nil

Key matters raised by submitters

Land use impacts Access and safety Amenity: noise, dust, hours of operation Environmental issues associated with flooding/oil runoff

Referral agencies The Department of Infrastructure, Local Government and Planning (DILGP) Coastal Management District – Schedule 7, Table 3, Item 5

Officer's recommendation Approval

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

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

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

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

11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 City Infrastructure 11.5 Hydraulics and Water Quality 11.6 Landscape Assessment


113 Adopted Report


12 EXTERNAL REFERRALS 12.1 Concurrence agencies 12.2 Advice agencies

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

2 EXECUTIVE SUMMARY Council has received a development application for a Development Permit for a Material Change of Use (Impact Assessable) for an Outdoor Storage Area located at 393 Rotary Park Road, Alberton properly described as Lot 85 on A1551, made under the now superseded 2003 Planning Scheme.

The subject site is located within the Rural Domain pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003. Pursuant to the Planning Scheme, the proposed land use is defined as Outdoor Storage Area, which triggers Impact Assessment due to being an unlisted land use in accordance with the Table of Development A: Material Change of Use for the Rural Domain.

The proposed Outdoor Storage Area is for temporary storage of trucks and earth moving equipment when not being used on external construction sites.

Council’s assessment has established that the proposed alternative solutions suitably comply with the various Performance Criteria and Intent Statements of the Planning Scheme Codes. An assessment of the common material concludes that the establishment of the proposed development is consistent with the Rural Domain.

In response to public notification, seven (7) properly made submissions were received. The main points of objection related to land use, access, amenity and environmental impact of the development. The submitters concerns have been considered in the assessment of the application with conditions of approval recommended to address concerns where appropriate.

The application was referred to the Department of Infrastructure, Local Government and Planning (DILGP) as a Concurrence Agency for this application due to the subject site being located within a Coastal Management District (Schedule 7, Table 3, Item 5). DILGP have assessed the proposal and advised in their correspondence, dated 29 March 2016, that they support the application subject to conditions.

Based on the information submitted and the detailed assessment given within this report, officers consider that the proposal meets the applicable codes and overall intent of the Gold Coast Planning Scheme 2003. Therefore, it is recommended that the proposed development be approved, subject to the imposition of reasonable and relevant conditions.


114 Adopted Report


3 APPLICATION INFORMATION Real property description Lot 85 on A1551 Applicant Ross Gerard Eggleton C/- Enhance Urban Planning Owner at time of lodgement Ross Gerard Eggleton & Gail Maree Eggleton Current owner Ross Gerard Eggleton & Gail Maree Eggleton Site area 22,490m2

Date application received 28 January 2016 Date entered decision 22 June 2016 Domain Rural Domain City Plan Rural Zone Decision type Development Permit for a Material Change of Use

(Impact Assessment) for an Outdoor Storage Area 4 BACKGROUND This application has been lodged in response to a Show Cause Notice lodged in relation to the unlawful use of premise, which has been operating on the site for the past three (3) years. The nature of the complaint was purely in relation to the unlawful operation of the use.

5 PROPOSAL The proposed Outdoor Storage Area is for the temporary storage of trucks and earth moving equipment when not being used on construction sites. This includes trucks, excavators, trailers and various smaller pieces of construction/earth moving equipment.

The proposed use utilises existing buildings on the subject site (detached dwelling and shed). No new buildings are proposed as part of this application.

Figure 1 below provides details of the site plan associated with the proposed development.


115 Adopted Report


Figure 1: Site plan for proposed development at 393 Rotary Park Road, Alberton. Table 1: Details for Outdoor Storage Area Operations

Hours of Operation Vehicular movements associated with the operation of the use are proposed to occur between 6:00am and 6:00pm.

Landscape The proposed landscape treatments around the storage area and perimeter of the site will ensure that the proposed use is adequately screened from the street to prevent the development being visually intrusive.

Signage No signage or advertising is proposed on site

Car Parking Bays, Truck and Earth Moving Equipment Storage

Car parking, truck and earth moving equipment storage area are proposed in the area identified as ‘car parking area’ on the site plan (refer to Figure 1).

Up to five (5) staff car parking spaces on site

Car parking will be located along the northern elevation of the existing shed.

Outdoor Storage Area


116 Adopted Report


Access Location The existing unsealed driveway located in the south-eastern corner of the site is proposed to provide access to the outdoor storage area.

Existing Improvements on Site

The proposed use utilises 1500m2 of site area, which includes the Class 10 Structure (Shed) with a GFA of 525m2 currently used for an Office and Workshop in association with the proposed use. The subject site is also currently improved by detached dwelling to the rear of the site. These structures will be retained on site as part of this proposal.

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 393 Rotary Park Road, Alberton, formally described as Lot 85 on A1551. The site is located within the Gold Coast cane field area, and is characterised by its flat terrain. The subject site is located in the suburb of Alberton, south of the Logan River.

The subject site has an area of 22,490m2 and is currently improved by structures including a large shed and detached dwelling to the rear of the site. The site is also improved by an existing unsealed driveway providing access into the site.

The subject site is currently not burdened by any easements. Connections to sewer, water and stormwater services are not present on site.

Access to the site is gained from an existing unsealed crossover located in the south-eastern corner of the site.

Figure 2: Aerial photograph of subject site at 393 Rotary Park Road, Alberton.


117 Adopted Report


The subject site has two road frontages (along the southern and western boundaries) with a combined frontage distance of 270 metres. It is generally regular in shape with its northern site boundary adjacent to the Logan River (Refer to Figure 3 below). The existing unlawful storage of earth moving materials occupies less than 10% of the subject site.

6.2 Characteristics of the Surrounding Environment The development is located within an area which contains a mixture of land uses including residential and low scale industrial land use. The site is positioned in the northern most end of the City, with the Albert River to the north of the site representing the border with the City of Logan.

A more detailed description of the surrounding area includes (refer to Figure 3):

North – The subject site immediately adjoins the Albert River. North of the Logan River is Logan City Council.

South – To the south of the site is a mix of rural residential allotments, farming land, low scale industrial (roofing supplies) and whole sale nurseries.

East – East of the subject site is predominately low intensity industrial land uses including agricultural uses such as sugar cane farming. A place of worship is also located in the nearby surrounding area off Alberton Road.

West – Immediately to the west of the subject site is predominantly large residential lots, compromising of detached dwellings. Multiple residential allotments in the surrounding rural domain are associated with farming land and store vehicles and equipment on the site associated with this use. This equipment is visible from the streetscape. Approximately 800 metres to the west of the subject site is a small pocket of low density residential allotments.

Figure 3: Aerial photograph of Surrounding Area at 393 Rotary Park Road, Alberton

There are two main haulage routes that access the subject site (refer to Figure 4 below). The


118 Adopted Report


haulage route presented in red (to the west of the site) passes through an existing residential area. To haulage route presented in yellow (to the east of the site) passes by an existing Place of Worship and other low industrial/rural land uses.

Figure 4: Haulage Routes utilised to access Staplyton Jacobs Well Road from 393 Rotary Park Road, Alberton.

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions Refer below. the regional plan for a designated region The proposed development is

considered to comply with the Southeast Queensland Regional Plan. The site is located within the Urban Footprint.

State planning policies (unless appropriately Reflected in Planning Scheme.

Subject Site


119 Adopted Report


reflected in any relevant regional plan or planning scheme)

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 Refer below the infrastructure charge resolution or the priority

infrastructure plan. Refer below

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

the common material The common material has been regarded through the assessment.

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

N/A

any referral agency’s response for the application Refer below 7.1 City Plan The subject site is located within the Rural Zone. This land use would be defined as a Transport Depot under the City Plan. In accordance with Table 5.5.20 of the City Plan, a ‘Transport Depot’ in the Rural Zone triggers an Impact Assessable application, as the proposal includes more than four (4) vehicles and is a listed land use in the zone.

Figure 5: Aerial photograph of City Plan Zoning at 393 Rotary Park Road (Rural Zone)


120 Adopted Report


This application was lodged under the 2003 Planning Scheme and has been carefully reviewed having regard to Section 317 of the Sustainable Planning Act 2009. It is considered the outcome of the proposal is not materially different than what may be achieved under City Plan, and therefore will be assessed under the 2003 Planning Scheme. This approach mirrors the Superseded Planning Scheme request resolution resolved at the Council meeting of 16 June 2015, in particular the decision making criteria. 7.2 Assessment against 2003 Planning Scheme

Place code Constraint code Specific development code Rural Domain Code

Car Parking, Access and Transport Integration Constraint Code; and Flood Affected Areas Constraint Code

Landscape Work Specific Development Code.

Relationship to the Domain The subject site is located within the Rural Domain.

Pursuant to the Planning Scheme, the proposed land use is defined as Outdoor Storage Area:

Outdoor Storage Area

“Land used only to store goods, machinery or vehicles.”

This land use is not listed within Table of Development ‘A’ (Material Change of Use) and therefore triggers Impact Assessment.

Compliance with the Intent of the Rural Domain: The intent statement for the Rural Domain reads:

“The purpose of this domain is to support the provision of a wide range of rural activities and legitimate rural economic activity within suitable hinterland areas, whilst protecting nature conservation, open space and landscape interest values of the land. This domain seeks to ensure that Good Quality Agricultural Land is protected as an important natural resource and is used in a sustainable manner. The domain seeks to ensure the retention and expansion of both existing and new rural economic activities within the City, consistent with the area’s natural values. The domain supports a variety of community services and facilities to provide for the needs of rural residents and for visitors to the rural areas.

Key objectives include ensuring that the rural areas of the City are developed and maintained to support a wide range of rural activities while:

preserving the landscape character and important topographical features of these parts of the City;

maintaining nature conservation values within the domain by promoting the conservation of wildlife and wildlife habitats; and

protecting rural areas from encroachment by urban activity.”


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It has been determined that the proposed development complies with the above intent statement for the Rural Domain for the following reasons;

Land Use The low impact nature of the proposal is not considered to compromise the operation of the rural area. The proposal assists in diversifying the land uses in the Rural Domain, by assisting in providing support for a wide range of rural activities. Given the small scale operations, it is likely that the proposed outdoor storage of trucks and earth moving equipment will be used to service economic activities within both the Rural Domains local area and areas outside of the Rural Domain.

Character and amenity The proposed land use is not considered to adversely impact on the surrounding character and amenity expected within the Rural Domain. Council officers have ensured the land use is restricted to a low scale nature to assist in managing amenity impacts, through recommended conditions to ensure the scale and intensity is appropriate for the local area.

Natural/Environmental values The local area is characterised by a variety of uses including residential, agricultural and industry related uses. The area’s natural values are limited with the local area disturbed through previous development. The most notable natural value is the Logan River to the north of the site. The proposal provides a suitable separation (68 metres) to the Logan River to ensure no negative impacts occur from the operation of the use. Operational restrictions are also recommended to ensure environmental impacts do not occur from the operation of the use.

Good Quality Agricultural Land The proposed development will not affect the long term viability of the agricultural qualities of the subject site due to the following:

The development’s footprint is limited to an existing cleared area (refer to Figure 5);

The works associated with the development will not interfere with the site’s soil quality and no earthworks are proposed; and

The subject site and the allotments immediately adjoining are not being utilised for agricultural purposes and will therefore not impact on existing supply or interfere with ongoing agricultural operations.

The aerial photographs below demonstrate that the site has not been used for agricultural purposes in recent times (refer to Figure 6).


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Figure 6: Aerial photograph of subject site 2009 and 2016. Therefore, the proposed Outdoor Storage Area is considered appropriate for the subject site and is considered to support the intent statements of the Rural Domain and will not compromise the existing character of the domain.

Compliance with the Rural Domain Place Code

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

PERFORMANCE CRITERIA 9 – LANDSCAPE WORKS Performance criteria Acceptable solution

PC9 All lots must be managed to maintain and enhance the rural landscape quality of the local area.

AS9 No acceptable solution provided.

Officer’s comments: The development proposes landscape buffering along the road frontage as well as the area immediately west of the storage area. However, it has been determined that the degree of proposed landscaping will not adequately enhance the rural landscape quality of the local area and therefore fails to achieve Performance Criteria 9. Therefore, the requirement for further landscaping along the areas directly north and east of the storage area are included within the officer’s recommendation (Refer to Figure 7 below). This additional landscaping, when coupled with the proposed landscaping, will allow the development to maintain and enhance the quality of the local area by ensuring a buffer is established, providing sufficient screening between the proposed outdoor storage area and the street, and ensuring the proposed land use satisfies the Performance Criteria 9 of the Rural Domain Place Code.


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Figure 7: Plans showing additional landscape buffers required as part of conditions of approval

PERFORMANCE CRITIERA 11 - AMENITY PROTECTION

Performance criteria Acceptable solution PC10 The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of:

a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity g) privacy; h) odour and emissions


Officer’s comments: The proposal is considered to satisfy Performance Criteria 10 of the Rural Domain Place Code for the following reasons:


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Noise: The proposal will produce noise in the form of vehicle engine noise and manoeuvring on site. To ensure that the proposal does not detract from the amenity of the area, conditions are recommended to limit the scale of the operation and number of movements permitted to and from the site per day. Together with the separation distance provided to adjoining noise-sensitive uses and the types of vehicles and machinery typically present within the rural domain it is considered that the noise generated by the use will not detract from the amenity of the area. Hours of operation: The proposal will involve trucks and equipment being stored at the premises during the day and overnight. To alleviate any additional impacts of the use the hours of operation for the movement and operation of vehicles, Council officers recommend the following restrictions on hours of operation:

6:00am to 6:00pm Monday to Friday. 6:00am to 12:00pm on Saturday; and No activity is to occur on Sunday or public holidays.

These hours are considered reasonable for the area given the nature of activities and machinery typically present within the rural domain. It is noted that a noise complaint was received in early 2015 advising of truck noise early in the morning and late at night. It is considered that the recommended conditions restricting hours of operation are appropriate in addressing this issue. Traffic, parking and servicing: This proposal identified that truck and staff vehicle movement’s ingress and egress was to be limited but varies depending on the quantum of equipment being stored at any one time. With the current proposal, Council officers have concerns with the potential number of trips that may be made to and from the site and the corresponding impact on the nearby sensitive land uses along the local haulage routes. To minimise adverse impacts on the nearby sensitive land uses and adjoining properties, Councillor Officers recommend limiting the scale of the proposed use as follows:

No storage outside the proposed area are to occur on site; (no servicing) No more than four (4) trucks and four (4) items of earth moving equipment to be

stored on site at any given time; No more than four (4) trips from the site and four (4) returning to the site are to occur

daily with the exception of staff movements; No more than four (4) staff members are to present on site at any given time.

Lighting: No outdoor lighting is proposed or required for the use.

Signage: No signage is proposed and therefore will have no impact. Dust: The applicant has advised that dust is currently managed on-site through the use of trucks which continually spray water over the existing unsealed surface to mitigate nuisances. The regularity of this process is increased during drier periods.


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However, to ensure sufficient dust management is consistently and continually addressed on-site and during the operation of the proposed use, Council officers recommend to impose a dust management condition that requires the applicant to ensure that the release of dust and particulate matter from on-site activities including vehicle access and manoeuvring must not cause an ‘environmental nuisance’ (as defined within the Environmental Protection Act 1994) on any adjoining site or road way. This report will outline a detailed management strategy for mitigating impacts caused by dust and particle matter. It has been considered appropriate to require this management plan subsequent to this approval given the low-scale nature of the development. Accordingly, it has been determined that this condition will ensure the proposed land use complies with Performance Criteria 10. Visual amenity: Council officers recommend multiple measures to assist in protecting the visual amenity of the rural domain. These include;

Substantial landscaping around the storage area and perimeter of the site to minimise visual impacts from the road and surrounding properties;

Equipment on site will be required to be stored solely within the proposed storage area, and within a centralised location on site; and

Earth moving equipment will be required to be stored with arms down and in a consolidated form.

Privacy: Council officers recommended additional landscaping screening that will mitigate potential impacts posed by the development on adjoining properties.

Odour and Emissions: The proposed development is of a low-scale, permitting only eight (8) vehicles on-site at any one time and therefore will not introduce impacts on amenity by way of odour and emissions.

Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development code:

No Specific Development Code is applicable for Outdoor Storage Area.

Landscape Work Specific Development Code

The proposal is considered to comply with all of the Landscape Work specific development code’s acceptable solutions and performance criteria.

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

Car Parking, Access and Transport Integration Constraint Code; Acid Sulphate Soils Constraint Code. Car Parking, Access and Transport Integration In accordance with the requirements of the Gold Coast Planning Scheme 2003, the above constraint code is triggered for the proposed development. Please refer to section 11.2 for discussion of the development’s compliance with this constraint code.


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Flood Affected Areas Constraint Code In accordance with the requirements of the Gold Coast Planning Scheme 2003, the above constraint code is triggered for the proposed development. Please refer to section 11.11 for discussion of the development’s compliance with this constraint code. 8 STATE PLANNING POLICIES The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended July 2014) to simplify and clarify matters of state interest in land use planning and development. It is considered that the provisions of the SPP have been appropriately reflected within the requirements of the Gold Coast Planning Scheme. No specific provisions of the SPP affect Council’s assessment of the proposed development.

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

10 SOUTH EAST QUEENSLAND REGIONAL PLAN The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposal is considered to comply with the objectives of the South East Queensland Regional Plan.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 8 February 2016.

List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

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

Internal Referrals Comments &/or Conditions

11.1 Health and Regulatory Services

Conditions relating to the following were provided:

Waste and recycling facilities;

Pollution prevention equipment;

Airborne contaminants/odorous releases – environmental harm;


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Controlled substances – requirements;

Contaminants/contaminated water – releases;

Releases to water – visible contamination;

Maintenance and cleaning – vehicles or earth moving equipment;

Waste – disposal;

Liquid waste contaminants – storage; and

Motor vehicle parts – storage.

11.2 Transport Assessment

Conditions relating to the following were provided: Loading and unloading of vehicles

11.3 Subdivision Engineering

Conditions relating to the following were provided: Telecommunications

11.4 City Infrastructure

Conditions relating to the following were provided: Operational Works (Works for Infrastructure)

11.5 Hydraulics and Water Quality

Conditions relating to the following were provided: The sites hydraulic condition;

Overland flow paths;

Building floor levels;

Flood management (evacuation & emergency situation);

Flood hazard signage; and

Appropriate erosion and sediment control.

11.6 Landscape Assessment

Conditions relating to the following were provided: Size of planting areas;

Frontage fencing; and

Required landscape approvals, Operational Works(Landscape Works)

12 EXTERNAL REFERRALS 12.1 Concurrence agencies The application was referred The Department of Infrastructure, Local Government and Planning (DILGP). The site is located within the Coastal Management District – (Schedule 7, Table 3, Item 5).

The response to referral was received on the 29 March 2016, providing the following summarised conditions below:

Development to be carried out generally in accordance with the submitted plans. Erosion and sediment control measures to be installed and maintained to prevent release of sediment to tidal waters.

12.2 Advice agencies Not Applicable.


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13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charge Notice

The final estimated infrastructure charge associated with the construction of the proposed development, assuming the proponent provides all of the required development infrastructure is $00.00.

The charges are required to be paid prior to the earliest of when the change occurs, when the final plumbing inspection is undertaken, the issue of a certificate of classification, or the final inspection certificate for building work being issued.

14 PUBLIC NOTIFICATION The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009. In response to notification, a total of seven (7) properly made submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Land Use

Industrial activity in a Rural Area

Not a ‘Good Quality Agricultural Land’ (GQAL) appropriate land use

Visual impact on Logan River (Fishing Spot)

Land Use: Council officers have assessed the application against the intent statements of the Rural Domain. The proposed land use is considered to be in accordance with these statements. Due to the low impact nature of the proposal it is considered that the proposal will not compromise the operation or character of the rural area. The proposal is also considered to assist in supporting land uses in the rural domain, by assisting in the provision of a wide range of rural activities.

Not a GQAL appropriate land use: Submitters have raised concerns that the Rural Area is designated for farming and plant nurseries only and that the proposed use is not a GQAL appropriate land use.

Council officers have reviewed this concern and believe


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the proposed development will not affect the long term viability of the agricultural qualities of the subject site due to the following:

The development’s footprint is limited to the existing cleared area (refer to Figure below);

The works associated with the development will not interfere with the site’s soil quality and no earthworks are proposed; and

The subject site and the allotments immediately adjoining are not being utilised for agricultural purposes and will therefore not impact on existing supply or interfere with ongoing agricultural operations.

Visual Impact on Logan River (Fishing Spot) To alleviate submitters concerns associated with the visual impact on the on the Logan River Fish Spot, Council officers have recommended conditions requiring the applicant to provide substantial landscape screening/buffering along the road frontage, the area immediately west of the storage area as well as areas directly north and east of the storage area (refer to Figure 5 above). The outdoor storage area will not be visible from the street frontage or fishing spot near to site.

Access Use of B-Double Trucks Driveway access and

visibility

Use of B-Double Trucks: The submitters have raised concerns in relation the use of B-Double Trucks. B-Double trucks will not be stored on site.

Driveway access and visibility: The vehicle cross over and access used as part of this development has good levels of visibility for entering/exiting the site. The originally proposed ‘future gate’ will not be approved as part of this application, as it is considered to not provide safe access, due to proximity and visibility to the road bend. Access will only be provided from the vehicle crossovers located at the south-eastern corner of the subject site.

Amenity Dust generation

Noise from trucks and the use

Hours of Operation Impact surrounding residential areas

Dust: To ensure sufficient dust management is consistently and continually addressed on-site and during the operation of the proposed use, Council officers recommend to impose a dust management condition that requires the applicant to ensure that the release of dust and particulate matter from on-site activities including vehicle access and manoeuvring must not cause an ‘environmental nuisance’ (as defined within the Environmental Protection Act 1994) on any adjoining site or road way. This report will outline a detailed management strategy for mitigating impacts caused by


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dust and particle matter. It has been considered appropriate to require this management plan subsequent to this approval given the low-scale nature of the development and because of the rigorous wording within the recommended condition itself which prevents the use commencing until Council is satisfied that the strategies are sufficient to address the submitters concerns. Noise: The proposal will produce noise in the form of vehicle engine noise and manoeuvring on site. To ensure that the proposal does not detract from the amenity of the area, conditions are recommended to limit the scale of the operation and number of movements permitted to and from the site per day. Together with the separation distance provided to adjoining noise-sensitive uses and the types of vehicles and machinery expected within the rural area, it is considered that the noise generated by the use will not detract from the amenity of the area. Hours of Operation: The proposal will involve trucks and equipment being stored at the premises during the day and overnight. To alleviate any additional impacts of the use the hours of operation for the movement and operation of vehicles will be further restricted to the following: 6:00am to 6:00pm Monday to Friday.

6:00am to 12:00pm on Saturday; and

No activity is to occur on Sunday or public holidays. These hours are considered reasonable for the area given the nature of activities and machinery expected in rural areas. It is noted that a noise complaint was received in early 2015 advising of truck noise early in the morning and late at night. It is considered that the recommended hours of operation are appropriate in addressing concerns of submitters.

Environmental Oil runoff to Logan River Use may impact drainage

system to Logan River

Flooding risks, including risk of storing shipping containers on the site

Oil runoff to Logan River: Council officers have reviewed the submitters concerns of oil run off into the Logan River. A recommended condition limits the land use to storage of vehicles only on the site with no maintenance, repairs or servicing permitted. Accordingly, it is not anticipated the land use will result in any oil run off to the Logan River. Council officers also note that stormwater runoff will not drain into the Logan River as the subject site slopes down toward Rotary Park Road. In addition to Council’s requirements, DILGP has imposed conditions that require ‘erosion and sediment control measures are to be installed and maintained to prevent the release of sediment to tidal waters’.


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Flood Risk: Flood risks have been assessed and deemed that no significant loss of flood plain storage is present.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not Applicable.

16 CONCLUSION The proposed development has been assessed against the relevant performance criteria listed within the Rural Domain Place Code and applicable Specific Development and Constraint Codes.

An assessment of the common material concludes that the establishment of the proposed development is consistent with the Rural Domain, despite being an unlisted use.

In accordance with the relevant section of the Sustainable Planning Act 2009, the proposed development was publically notified, with seven (7) properly made submissions in objection received. The issues raised have been appropriately addressed via changes to the operation or through recommended conditions.

The application was referred to the Department of State Development, Infrastructure and Planning as a Concurrence Agency. The proposed development triggered referral due to the proximity to a state controlled road (Gold Coast Highway), under Schedule 7, Table 3, Item 5. Conditions were provided to accompany any development approval.

The application is therefore recommended for approval subject to conditions contained within the Officer’s Recommendation.

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

NOTIFICATIONS

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

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


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18 RECOMMENDATION It is recommended that Council resolves as follows:

Real property description Lot 85 on A1551 Address of property 393 Rotary Park Road Alberton Area of property 22,490m2 Decision type Development Permit for a Material Change of Use

(Impact Assessable) for an Outdoor Storage Area Further development permits Operational Works (Works for Infrastructure) Further compliance permits None Compliance assessment required for documents or works

None

NATURE OF DECISION

A Council approves the issue of a development permit for Material Change of Use for an Outdoor Storage Area, subject to the following conditions:

APPROVED DRAWINGS

Development to be generally in accordance with specified plans/drawings as 1amended in red The development must be carried out generally in accordance with the approved plans/drawings listed below, as amended in red, stamped and returned to the applicant with this decision notice.

Plan No. Rev. Title Date Prepared by 15046 C Site Plan 21/01/2016 Design Vibe Pty Ltd

Information note:

A change to the approved work will be taken to be generally in accordance with the approved plans/drawings for the purpose of this condition if:

the approved work is of a type specified in Attachment 1 – Acceptable Tolerances; and

the change is within the acceptable tolerances specified for that type of work in Attachment 1 – Acceptable Tolerances; and

the change does not cause the development to contravene any other conditions of this approval or conditions of any related material change of use or reconfiguring a lot approval.

If the change is not within the acceptable tolerances in Attachment 1 – Acceptable Tolerances but the Applicant is of the view that the change is generally in accordance with the approved plans/drawings, the Applicant can submit a Generally in Accordance with Request to Council, for Council’s assessment.

Decision notice and approved plans/drawings to be 2submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any

Timing As indicated within the wording of the


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building development application relating to or arising from this development approval.

condition.

Decision notice and approved plans/drawings to be 3retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing At all times.

Notice of works timetable 4

The applicant must give Council written notice of the following:

Application number; a Site address; b Name and telephone number (work and after hours) of c

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

including expected commencement, duration and completion date.

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

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

SCOPE OF APPROVAL

Scope of Approved Outdoor Storage Area 5

a) No works or use outside the approved ‘outdoor storage’ area is to occur on site.

b) This approval is limited to the storage of trucks and earth moving equipment.


Hours of operation 6

Vehicular movements internal and external to the site aand associated with the operation of the use are to only occur between the following hours: 6:00 am to 6:00 pm Monday to Friday i

Timing At all times once the use has commenced.


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6:00 am to 12:00 pm Saturday ii No activity is to occur on Sunday or public holidays. b

Number of Trucks and Earth Moving Equipment 7

No more than four (4) trucks and four (4) items of earth amoving equipment are to be located onsite at any one time.

No B-Double Trucks are to be present on site at any btime

Advice Note: This includes all vehicles associated with transporting of earth moving equipment.


Number of Movements 8

No more than four (4) vehicle movements (excluding astaff vehicles) leaving the site and four (4) vehicle movements returning to the site are to occur each day.

A ledger must be kept on-site at all times and is to binclude the following; Date of vehicle movements; i Vehicle specification; and ii Time of day ingress and time of egress. iii

The ledger must be made available to Council upon crequest.

Timing As indicated in the wording of the condition.

State of Earth Moving Equipment when stored 9When stored, all arms on earth moving equipment must be lowered to prevent any visual intrusion external to the subject site.


Number of Staff/Employees 10No more than four (4) staff/employees may be present on site at any one time.


Storage or trucks or earth moving equipment in 11approved area All trucks and earth moving equipment are to be contained inside the approved storage area (as reflected on the approved plans) to protect the visual amenity and character of the surrounding area.


WORKS OF COMPLIANCE Certification of compliance 12

All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years

Timing The applicant must submit the certification prior to the earliest of compliance assessment of the subdivision plan, the


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experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

commencement of the ‘On Maintenance’ period or the commencement of the use.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

Connection to, alteration or realignment of Council 13infrastructure a The applicant must, in respect of any connection to,

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

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

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

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

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

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

This condition is imposed in accordance with Section 665 of athe Sustainable Planning Act (2009). Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking.

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

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


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Pavement Dilapidation Survey & Rehabilitation 14

The applicant is to undertake a pavement dilapidation asurvey within three months of the approval being enacted to ascertain any pre-existing pavement failures along Rotary Park Road between the subject site and the Staplyton-Jacobs Well Road intersection (or other local travel routes). Further pavement dilapidation surveys are to be undertaken every two years and submitted to Council for evaluation to determine any pavement failures caused by the operation of heavy vehicles.

Any pavement failures identified from the dilapidation bsurvey that are attributable to the use must be rehabilitated by the applicant (at the applicant’s cost) to the satisfaction of Chief Executive Officer. The pavement standard to be adopted for the rehabilitation works is to a ‘Rural Collector Street’ standard. The works are to be undertaken within three months of the pavement failures being identified and nominated by Council as being the responsibility of the applicant. The work will be subject to submission of an Operational Works application for Minor works and approval by Council.


VEHICULAR CROSSINGS AND DRIVEWAYS

Vehicular crossings 15

A vehicular crossing must be designed and constructed aby the applicant (at no cost to Council) in accordance with the following Institute of Public Works Engineering Australasia Standard Drawing/s for vehicular crossings as applicable: RS-056 Driveways – Rural Driveway i

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

The applicant is responsible for securing any necessary capprovals from the Department of Main Roads in relation to the proposed access from, as a State controlled road.

The vehicular crossing/s must be constructed to the dsatisfaction of Council.

Timing Prior to commencement of the use on the site.

AMENITY

Restricted paint colours 16

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



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Location of equipment and ventilation/refrigeration units 17

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


DUST MANAGEMENT

Dust management 18

The following applies both during construction and through the operation of the approved use:

The release of dust and particulate matter from on site aactivities including vehicle access and manoeuvring must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any adjoining site or road way.

When requested by Council, monitoring must be bundertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

The monitoring must be carried out: c by a suitably qualified professional; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, iii

part 3 of the Environmental Protection Regulation 2008; and

within 5 business days of receipt of the request ivfrom Council.

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

If the air quality objectives stated in schedule 1, column d3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

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

emissions; identify the measures and work practices that will iii

be implemented to ensure that the release of dust and particulate matter from on site activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental

Timing As indicated within the wording of the condition.


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Protection Act 1994) at any adjoining site or road way.

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

provide details of complaint response procedures vthat will be adopted; and

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

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

LOADING AND UNLOADING OF VEHICLE SERVICING

Loading and unloading 19

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

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

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


HYDRAULICS

No loss of floodplain storage 20

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.


No worsening of hydraulic conditions 21

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

No increase in peak flow rates downstream from the asite;

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

site that could cause loss or damage.


Alteration of overland flow paths 22

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


Building floor levels 23

Building floor levels of habitable rooms must be at least a300mm above the Council's designated flood level.

Building floor levels of non-habitable rooms, must be at bor above the designated flood level.



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Car parks must not be inundated by more than 600mm cduring 100 year ARI flood events.

Flood management (evacuation & emergency situation) 24

A flood evacuation management procedure must be adocumented by a qualified professional to determine the measures to be undertaken before, during and after a flood event to ensure safe evacuation of people and equipemnts stored on the site. The document must clearly idnetify the the person to be responsible for the evacuation process. The document must be kept in a safe and easily accessible place.

The owner of the development or the person bresponsible for the site’s manangment shall take necessary measures to evacuate the residents / occupants of the property into a safe place during a range of flood events including and up to the designated flood event.

At the onset of a flood event, the owner of the cdevelopment or the person responsible for the site’s manangment must relocate all (smaller) items located on the site to the mezzanine floor (above DFL) and must move all larger equipment including Trucks, excavators, trailers and cars to a flood free land external to the site.

The proposed development shall ensure no additional dburden on SES and Council’s emergency service during the major flood events.


Flood hazard signage 25

The applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

Timing The flood markers and warning signs must be installed prior to the commencement of the use of the premises.

EROSION AND SEDIMENT CONTROL Erosion and sediment control 26

Erosion, sediment and dust control measures must be aimplemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

A perimeter bund and/or diversion drain must be cconstructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater.

Timing During construction / building works.


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All polluted/contaminated water from the site, including ddewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

The following inspection program must be carried out ebefore the site is fully rehabilitated:

Regular inspections to ensure that adequate ierosion control measures are in place and in good condition both during and after construction; and

Inspections after each storm event to assess the iiadequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

WASTE

Waste and recycling facilities 27

Waste and recycling storage facilities must be provided in accordance with the following provisions:

adequate waste containers must be provided to contain athe volume and type of waste and recyclable matter generated by the development;

waste storage area for waste containers must be bconstructed of a solid concrete base or acceptable equivalent; and

waste storage area must be designed and constructed cso it can be easily cleaned whilst ensuring that no waste or recyclable matter is released to the stormwater system or any waterway.

Timing At all times

Pollution prevention equipment 28

Containment clean up equipment appropriate to the activities conducted and the materials stored at the premises must be provided and maintained in a readily accessible location to all site personnel.


Airborne contaminants/odourous releases – 29environmental harm The release of noxious or offensive odours or other airborne contaminants, including particles, smoke, fumes and aerosols resulting from the activity must not cause environmental harm at any sensitive receptor.



141 Adopted Report


Controlled substances – requirements 30

Controlled substances must be reclaimed into containers that comply with the labelling requirements for such substances and are suitable to store the reclaimed controlled substance.


Contaminants/Contaminated water – releases 31

Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or groundwater at the premises except for:

Uncontaminated overland stormwater flow; a Uncontaminated stormwater to the stormwater system; b Contaminants lawfully released to sewer; OR c A release in accordance with a condition of this d

development approval.


Releases to water – visible contamination 32

Releases to water must not cause any visible oil slick or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.


Cleaning – vehicles or earth moving equipment 33

Cleaning of equipment must be carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, waters or onto unsealed ground.


Contaminants – storage 34

Contaminants must be stored in such a manner to prevent contact with incident rainfall and overland flow of stormwater.


Waste – disposal 35

A contaminant (including a waste) must not: Be buried at the premises; or a Be in contact with soil at the premises; or b Directly or indirectly seep or penetrate into the soil or c

groundwater at the premises.


Liquid waste contaminants – storage 36

Liquid waste contaminants (including waste oil) must be stored in a covered bunded/contained area on an impervious surface in such a manner that will prevent the accidental release of contaminants into the stormwater system, sewer or unsealed ground.


Motor Vehicle Parts – storage 37

Engine and other metal parts with any residual oil or grease must be stored undercover on a sealed surface in such a manner as to prevent oil, grease and other contaminants entering the soil or waters.



142 Adopted Report


LANDSCAPE WORKS ON PRIVATE LAND Detailed landscape plan to be submitted for approval 38

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

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

similar landscape design professional; Be in general accordance with the Statement of ii

Landscape Intent, being Sheets 1 and 2 - dwg 2015086, Issue A, Landscape Plan & Landscape Elevations, January 2016, Prepared by Byrns Lardner;

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

Comply with Planning Scheme Policy 13 – ivLandscape Strategy Part 2 – Landscape Works Documentation Manual; and

Demonstrate compliance with the following: vA Unless otherwise specified in these

conditions, tree species must be evergreen canopy trees with a minimum bag size of 25L at the time of planting;

B Additional trees in the identified supplementary planting around the storage shed and the proposed entry trees, must be a minimum bag size of 100L at the time of planting;

C Additional buffer areas of minimum 3 metres width containing dense screening vegetation must be included in the following locations: I Along the eastern property boundary

for the extent of the outdoor storage area;

II Along the northern property boundary (adjacent the Logan River) extending from the existing residence to the eastern property boundary; and

III Along the northern edge of the outdoor storage area.

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

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


143 Adopted Report


E Screening shrubs must be able to reach a minimum height of three (3) metres at maturity and be planted at one (1) metre intervals.

Frontage Fencing 39

Any frontage fencing for this development must comply with the following:

The existing post and rail fence must be retained. a


ADVISORY NOTES TO APPLICANT

B Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

C Referral agencies

The referral agencies (and their addresses) for the application are listed below.

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

SEQ South Region (Gold Coast) PO Box 3290 Australia Fair Southport QLD 4215

Concurrence Agency

Coastal Management District – (Schedule 7, Table 3, Item 5).

D Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

E Applicant responsibilities

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


144 Adopted Report


a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

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

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

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

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

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

F Indigenous cultural heritage legislation and duty of care requirement

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

G Infrastructure charges

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

H Obligation to ensure electrical safety

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


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If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

I Additional inspection fees may apply

Where additional inspections are required, an Operational Works Additional Inspection fee may be charged as determined by Council resolution.

Author: Authorised by:

Madison Ruygrok Dyan Currie Town Planner Director Planning and Environment


146 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2 COMMITTEE RECOMMENDATION CP16.1123.003 moved Cr Caldwell seconded Cr Owen-Jones Real property description Lot 85 on A1551 Address of property 393 Rotary Park Road Alberton Area of property 22,490m2 Decision type Development Permit for a Material Change of Use

(Impact Assessable) for an Outdoor Storage Area Further development permits Operational Works (Works for Infrastructure) Further compliance permits None Compliance assessment required for documents or works

None

NATURE OF DECISION

I Council approves the issue of a development permit for Material Change of Use for an Outdoor Storage Area, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by 15046 C Site Plan 21/01/2016 Design Vibe Pty Ltd

Information note:

A change to the approved work will be taken to be generally in accordance with the approved plans/drawings for the purpose of this condition if:

the approved work is of a type specified in Attachment 1 – Acceptable Tolerances; and

the change is within the acceptable tolerances specified for that type of work in Attachment 1 – Acceptable Tolerances; and

the change does not cause the development to contravene any other conditions of this approval or conditions of any related material change of use or reconfiguring a lot approval.

If the change is not within the acceptable tolerances in Attachment 1 – Acceptable Tolerances but the Applicant is of the view that the change is generally in accordance with the approved plans/drawings, the Applicant can submit a Generally in Accordance with Request to Council, for Council’s assessment.


147 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2 2 Decision notice and approved plans/drawings to be

submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application 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.


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

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

including expected commencement, duration and completion date.

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

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

SCOPE OF APPROVAL

5 Scope of Approved Outdoor Storage Area a) No works or use outside the approved ‘outdoor

storage’ area is to occur on site. b) This approval is limited to the storage of trucks and

earth moving equipment.



148 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2 6 Hours of operation

a Vehicular movements internal and external to the site and associated with the operation of the use are to only occur between the following hours: i 7:00 am to 6:00 pm Monday to Friday ii 7:00 am to 12:00 pm Saturday

b No activity is to occur on Sunday or public holidays.


7 Number of Trucks and Earth Moving Equipment a No more than four (4) trucks and four (4) items of

earth moving equipment are to be located onsite at any one time.

b No B-Double Trucks are to be present on site at any time

Advice Note: This includes all vehicles associated with transporting of earth moving equipment.


8 Number of Movements a No more than four (4) vehicle movements

(excluding staff vehicles) leaving the site and four (4) vehicle movements returning to the site are to occur each day.

b A ledger must be kept on-site at all times and is to include the following; i Date of vehicle movements; ii Vehicle specification; and iii Time of day ingress and time of egress.

c The ledger must be made available to Council upon request.


9 State of Earth Moving Equipment when stored When stored, all arms on earth moving equipment must be lowered to prevent any visual intrusion external to the subject site.


10 Number of Staff/Employees No more than four (4) staff/employees may be present on site at any one time.


11 Storage or trucks or earth moving equipment in approved area All trucks and earth moving equipment are to be contained inside the approved storage area (as reflected on the approved plans) to protect the visual amenity and character of the surrounding area.



149 Adopted Report


WORKS OF COMPLIANCE

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

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

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

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

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

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

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

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

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

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

a This condition is imposed in accordance with Section 665 of the Sustainable Planning Act (2009). Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service

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


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meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking.

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

14 Pavement Dilapidation Survey & Rehabilitation

a The applicant is to undertake a pavement dilapidation survey within three months of the approval being enacted to ascertain any pre-existing pavement failures along Rotary Park Road between the subject site and the Staplyton-Jacobs Well Road intersection (or other local travel routes). Further pavement dilapidation surveys are to be undertaken every two years and submitted to Council for evaluation to determine any pavement failures caused by the operation of heavy vehicles.

b Any pavement failures identified from the dilapidation survey that are attributable to the use must be rehabilitated by the applicant (at the applicant’s cost) to the satisfaction of Chief Executive Officer. The pavement standard to be adopted for the rehabilitation works is to a ‘Rural Collector Street’ standard. The works are to be undertaken within three months of the pavement failures being identified and nominated by Council as being the responsibility of the applicant. The work will be subject to submission of an Operational Works application for Minor works and approval by Council.


VEHICULAR CROSSINGS AND DRIVEWAYS

15 Vehicular crossings a A vehicular crossing must be designed and

constructed by the applicant (at no cost to Council) in accordance with the following Institute of Public Works Engineering Australasia Standard Drawing/s for vehicular crossings as applicable: i RS-056 Driveways – Rural Driveway

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

c The applicant is responsible for securing any necessary approvals from the Department of Main

Timing Prior to commencement of the use on the site.


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Roads in relation to the proposed access from, as a State controlled road.

d The vehicular crossing/s must be constructed to the satisfaction of Council.

16 Sealing of driveway, manoeuvring and vehicle storage areas The driveway, manoeuvring area and vehicle storage area identified as “car parking area” on the approved site plan must be sealed and drained within three months of approval being enacted to the satisfaction of the Chief Executive Officer.

Timing As indicated in the wording of the condition

AMENITY

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


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


DUST MANAGEMENT

19 Dust management The following applies both during construction and through the operation of the approved use: a The release of dust and particulate matter from on

site activities including vehicle access and manoeuvring must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any adjoining site or road way.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

c The monitoring must be carried out: i by a suitably qualified professional; ii at the potentially affected sensitive

receptor/s; iii by applying the procedure set out in chapter

5, part 3 of the Environmental Protection Regulation 2008; and



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

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

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

e The dust management plan must: i be prepared by a suitably qualified

professional; ii provide details of sources of dust and

particulate emissions; iii identify the measures and work practices that

will be implemented to ensure that the release of dust and particulate matter from on site activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any adjoining site or road way.

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

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

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

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

LOADING AND UNLOADING OF VEHICLE SERVICING

20 Loading and unloading a Loading and unloading of a vehicle servicing a

development must be conducted wholly within the site.

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

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


TRAFFIC MANAGEMENT

21 Haulage route for development traffic a Development traffic to/from the site must travel

east along Rotary Park Road and via Alberton Road



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to access Staplyton Jacobs Well Road. b Development traffic to/from the site must not travel

west along Rotary Park Road to access Staplyton Jacobs Well Road.

HYDRAULICS

22 No loss of floodplain storage The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.


23 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from

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

the site that could cause loss or damage.


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


25 Building floor levels a Building floor levels of habitable rooms must be at

least 300mm above the Council's designated flood level.

b Building floor levels of non-habitable rooms, must be at or above the designated flood level.

c Car parks must not be inundated by more than 600mm during 100 year ARI flood events.


26 Flood management (evacuation & emergency situation) a A flood evacuation management procedure must

be documented by a qualified professional to determine the measures to be undertaken before, during and after a flood event to ensure safe evacuation of people and equipemnts stored on the site. The document must clearly idnetify the the person to be responsible for the evacuation process. The document must be kept in a safe and easily accessible place.

b The owner of the development or the person responsible for the site’s manangment shall take necessary measures to evacuate the residents / occupants of the property into a safe place during a



154 Adopted Report


range of flood events including and up to the designated flood event.

c At the onset of a flood event, the owner of the development or the person responsible for the site’s manangment must relocate all (smaller) items located on the site to the mezzanine floor (above DFL) and must move all larger equipment including Trucks, excavators, trailers and cars to a flood free land external to the site.

d The proposed development shall ensure no additional burden on SES and Council’s emergency service during the major flood events.

27 Flood hazard signage The applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

Timing The flood markers and warning signs must be installed prior to the commencement of the use of the premises.

EROSION AND SEDIMENT CONTROL

28 Erosion and sediment control a Erosion, sediment and dust control measures must

be implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater.

d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate

erosion control measures are in place and in good condition both during and after construction; and

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any

Timing During construction / building works.


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damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

WASTE

29 Waste and recycling facilities Waste and recycling storage facilities must be provided in accordance with the following provisions: e adequate waste containers must be provided to

contain the volume and type of waste and recyclable matter generated by the development;

f waste storage area for waste containers must be constructed of a solid concrete base or acceptable equivalent; and

g waste storage area must be designed and constructed so it can be easily cleaned whilst ensuring that no waste or recyclable matter is released to the stormwater system or any waterway.

Timing At all times

30 Pollution prevention equipment Containment clean up equipment appropriate to the activities conducted and the materials stored at the premises must be provided and maintained in a readily accessible location to all site personnel.


31 Airborne contaminants/odourous releases – environmental harm The release of noxious or offensive odours or other airborne contaminants, including particles, smoke, fumes and aerosols resulting from the activity must not cause environmental harm at any sensitive receptor.


32 Controlled substances – requirements Controlled substances must be reclaimed into containers that comply with the labelling requirements for such substances and are suitable to store the reclaimed controlled substance.


33 Contaminants/Contaminated water – releases Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or groundwater at the premises except for: a Uncontaminated overland stormwater flow; b Uncontaminated stormwater to the stormwater

system; c Contaminants lawfully released to sewer; OR d A release in accordance with a condition of this

development approval.



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ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OUTDOOR STORAGE AREA - LOT 85 ON A1551 -393 ROTARY PARK ROAD ALBERTON – DIVISION 1 - PN103107/01/DA2 34 Releases to water – visible contamination

Releases to water must not cause any visible oil slick or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.


35 Cleaning – vehicles or earth moving equipment Cleaning of equipment must be carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, waters or onto unsealed ground.


36 Contaminants – storage Contaminants must be stored in such a manner to prevent contact with incident rainfall and overland flow of stormwater.


37 Waste – disposal A contaminant (including a waste) must not: a Be buried at the premises; or b Be in contact with soil at the premises; or c Directly or indirectly seep or penetrate into the soil

or groundwater at the premises.


38 Liquid waste contaminants – storage Liquid waste contaminants (including waste oil) must be stored in a covered bunded/contained area on an impervious surface in such a manner that will prevent the accidental release of contaminants into the stormwater system, sewer or unsealed ground.


39 Motor Vehicle Parts – storage Engine and other metal parts with any residual oil or grease must be stored undercover on a sealed surface in such a manner as to prevent oil, grease and other contaminants entering the soil or waters.


LANDSCAPE WORKS ON PRIVATE LAND

40 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval

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

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

architect or similar landscape design professional;

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


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ii Be in general accordance with the Statement of Landscape Intent, being Sheets 1 and 2 - dwg 2015086, Issue A, Landscape Plan & Landscape Elevations, January 2016, Prepared by Byrns Lardner;

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

iv Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual; and

v Demonstrate compliance with the following: A Unless otherwise specified in these

conditions, tree species must be evergreen canopy trees with a minimum bag size of 25L at the time of planting;

B Additional trees in the identified supplementary planting around the storage shed and the proposed entry trees, must be a minimum bag size of 100L at the time of planting;

C Additional buffer areas of minimum 3 metres width containing dense screening vegetation must be included in the following locations: I Along the eastern property

boundary for the extent of the outdoor storage area;

II Along the northern property boundary (adjacent the Logan River) extending from the existing residence to the eastern property boundary; and

III Along the northern edge of the outdoor storage area.

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

E Screening shrubs must be able to reach a minimum height of three (3) metres at maturity and be planted at one (1) metre intervals.

41 Frontage Fencing Any frontage fencing for this development must comply with the following: a The existing post and rail fence must be retained.



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J Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

K Referral agencies The referral agencies (and their addresses) for the application are listed below.

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

SEQ South Region (Gold Coast) PO Box 3290 Australia Fair Southport QLD 4215

Concurrence Agency Coastal Management District – (Schedule 7, Table 3, Item 5).

L 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.

M 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: g 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;

h 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’);


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i 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);

j 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;

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

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

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

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

P 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


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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.

Q Additional inspection fees may apply Where additional inspections are required, an Operational Works Additional Inspection fee may be charged as determined by Council resolution.

CARRIED


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162 Adopted Report

5200

0

setback (approx)4900

setback (approx)112200

(app

rox)

2384

010600

job no:

sheet no:date:

checked:

drawn:

scale:project:client:

date

consultants:

no. amendment

title:This design & documentation remains the sole property / Copyright ofDesign Vibe Pty. Ltd. No reproduction and / or alterations are permittedwithout the written permission of this firm. All Rights Reserved.

The builder and owner of this project are to verify all aspects of this planand associated documentation prior to the commencement of any buildingworks / any application or distribution to subcontractors and suppliers.

Commencement of any works relating to these plans and documentationdeems that the recipients of these plans are satisfied that they are correct inall manners and that they truly represent their intent to this project.

If in doubt of these drawings or associated documentation, please contactthis firm for advice or alteration.

ACN 102 812 233 / ABN 13 102 812 233QLD B.S.A Lic. No. 1019713

VIC. Reg. No. DP - AD 36611 /DP - SD 36612

TAS. Reg. No. CC 6052 T

Design Vibe Pty. Ltd. will not take any resposibility for the builder /contractor or project owners variations that do not comply with LocalAuthority / Private Certifier approved documents.

All works are to comply with the following:

-The Building Code of Australia.-The Queensland Building Act.-All relevant Local Authority By-Laws and Planning Schemes.-All relevant Australian Standards.

DO NOT SCALE THIS DRAWING. IF IN DOUBT, ASK.TO BE READ IN CONJUNCTION WITH THE SIGNED WORK AUTHORITY / CONTRACT. sheet size:

design vibePty. Ltd.

GENERAL NOTES:

australia:Huanghe Road, Beiliuxiang

5 NO. 401 Lushun, DalianLiaoning

Ph:- +61 432437480E: Mail:- [email protected]

Web:- www.designvibe.com.au

china:

A 1

amendment:

8 / 492 Christine AvenueRobina QLD 4226

AustraliaPh:- +61 07 55751051

E: Mail:- [email protected]:- www.designvibe.com.au

1 : 500

ENHANCE URBAN PLANNINGPROPOSED TRUCK & EARTHMOVINGSTORAGE393 ROTARY PARK ROAD ALBERTON

ROSS EGGLETON SITE PLAN

SK

SK

10/07/15

15046

DA 1.01

C

Landscaping Screening

'Future gate' is not approvedas part of this application.

Additional Landscapescreening along easternside boundary east of theOutdoor Storage Area

Additional landscapingscreening north of theOutdoor Storage Area

Additional landscapingscreening west of theOutdoor Storage Area


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ITEM 4 CITY DEVELOPMENT DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR SERVICE STATION, TAKE-AWAY FOOD PREMISES, SHOP, AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF LOT FOR ONE INTO TWO LOT SUBDIVISION – LOT 42 ON SP184241 – SOMERSET DRIVE MUDGEERABA – DIVISION 9 PN286886/12/DA1

Refer 12 page attachment

1 OVERVIEW Site address Somerset Drive Mudgeeraba

Application description

Development Permit for Material Change of Use for Service Station, Take-Away Food Premises and Shop Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision

Decision due date 29 November 2016

Proposal

The following lots are to be created during Stage One of the development:

Proposed Lot 1 (9,300m2)

Proposed Lot 2 (69,004m2)

A Service Station and two (2) Take-Away Food Premises tenancies are to be established over Proposed Lot 1 during Stage 1. Three (3) Shop tenancies and four (4) Take-Away Food Premises tenancies will be established over Proposed Lot 1 in Stage 2 of the development. A bund is proposed to be constructed to divert flood water. The bund traverses both proposed lots. Proposed Lot 2 is proposed to be dedicated to the Mudgeeraba Soccer Club. A monetary contribution in the amount of $110,000 is proposed to be made to Council towards the construction of a concrete footpath and bridge over Mudgeeraba Creek. These improvements are located on the balance lot (Proposed Lot 2).

Main Considerations

Consideration Resolution Flood impacts on Somerset Drive and Firth Park.

Proposed outcome not supported: The development is shown to result in significant additional flooding external to the site (i.e. on Somerset Drive and Firth Park). The relevant asset owners do no support the additional flooding over their respective assets as the resulting impacts have the potential to prolong inundation times, increase flood frequency and increase risk of damage to property.

Evacuation during major flood events.

Acceptable outcome achievable: The Applicant has demonstrated that a sufficient period exists to safely evacuate the site during major flood events. A flood evacuation management plan will be required to


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ITEM 4 (Continued) MATERIAL CHANGE OF USE FOR SERVICE STATION, TAKE-AWAY FOOD PREMISES, SHOP AND DEVELOPMENT PERMIT FOR RECONFIGURATION OF LOT FOR ONE INTO TWO LOT SUBDIVISION– SOMERSET DRIVE MUDGEERABA – DIVISION 9 PN286886/12/DA1

safely manage evacuation of the site, particularly evacuation outside of the medium hazard (i.e. the safe period) window. This will require compliance assessment by Council prior to the beginning of the use—should the development be approved.

Consideration of submitted ‘grounds’ to justify approval despite the conflict.

Pursuant to s326(1)(b) of the Sustainable Planning Act 2009 (SPA), it has been determined that there are insufficient grounds to approve the development given the significant extent of conflict with the Gold Coast Planning Scheme 2003.

Public Notification

Objections Support 41 properly made

objections (including 1 petition with 505 signatures)

9 not properly made objections

0 properly made in support

474 not properly made in support (including 473 pro-forma letters)

Key issues raised by submitters

Flood impacts; character and amenity; noise; traffic; the negative impact on property values; need; inconsistency with the Planning Scheme.

Referral agencies Department of Infrastructure Local Government and Planning

Officer's recommendation Refusal

REPORT STRUCTURE 1 OVERVIEW

2 EXECUTIVE SUMMARY

3 APPLICATION INFORMATION

4 BACKGROUND

5 PROPOSAL

6 SITE & ENVIRONMENT

6.1 Characteristics of site

6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT

7.1 Assessment against City Plan

7.2 Assessment against Gold Coast Planning Scheme 2003

7.3 State Planning Policy

7.4 State Planning Regulatory Provisions


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7.5 South East Queensland Regional Plan

7.6 Development Infrastructure Requirements

7.7 Assessment of other aspects of the proposal

7.8 Summary of assessment & consideration of sufficient grounds

8 CONSULTATION

8.1 Internal Referrals

8.2 External Referrals

8.3 Public Notification

9 CONCLUSION

10 NOTIFICATIONS

11 RECOMMENDATION

2 EXECUTIVE SUMMARY Pursuant to the Gold Coast Planning Scheme 2003 v1.2 (the applicable scheme at the time of assessment), the site is located within the Guragunbah Local Area Plan (LAP). The developable area of the site is located within a conceptual land use category of Low/Medium Density Residential.

The development has been assessed against the Gold Coast Planning Scheme 2003 v1.2. The assessment has determined that the development conflicts with the Gurugunbah LAP place code and the Flood Affected Areas constraint code.

The development is considered to compromise achievement of the higher order provisions of the scheme as it is expected to result in significant adverse flood impacts on the surrounding area leading to an increased risk of damage to property, prolonged inundation times and increased flood frequency.

The Applicant’s flood model has shown the development will result in significant flood impacts external to the site (i.e. Somerset Drive and Firth Park). The relevant asset owners do not support the additional flood inundation of their respective assets as the resulting impacts have the potential to prolong inundation times, increase flood frequency and increase the risk of damage to property.

The development is considered to conflict with PC19 ‘Flood Impacts’ of the Guragunbah Local Area Plan; the Purpose statement of the Guragunbah Local Area Plan; place code specific DEO 3.2 of the Guragunbah Local Area Plan; PC5 ‘Flood Risk’ of the Flood Affected Areas constraint code; PC6 ‘Flood Storage and Conveyance’ of the Flood Affected Areas constraint code; PC11 ‘Filling, Excavation and Contouring’ of the Flood Affected Areas constraint code; the Purpose statement of the Flood Affected Areas constraint code. The proposed development is therefore considered to be in significant conflict with Gold Coast Planning Scheme 2003 v1.2.

The Applicant has provided ‘grounds’ to justify approval of the application despite the significant conflicts. Officers are of the opinion the ‘grounds’ proposed by the Applicant, pursuant to section 326(1)(b) of the SPA, are insufficient to justify approval despite the significant conflicts.

The application has been referred to the Department of Infrastructure, Local Government and Planning due to the proximity of the development to the State controlled road (Franklin Drive). The State advised that they have no specific concerns with the proposed


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development, provided that it is undertaken in accordance with the plan titled ‘Proposed Site Setout’, prepared by Vision 2 Realty, reference 13778.SK.22, revision C, dated 21 September 2015.

In accordance with the Sustainable Planning Act 2009, the application was required to be publically notified for a period of 15 days. The proposal attracted 50 submissions in objection (including 1 petition comprising 505 signatures) and 474 submissions of support (including 473 pro-forma letters). The key points of objection relate to flood impacts; character and amenity; noise; traffic; the negative impact on property values; need; inconsistency with the Planning Scheme.

Officers recommend the development proposal be refused based on the resulting adverse flood impacts external to the site.

3 APPLICATION INFORMATION Real property description Lot 42 on SP184241

Applicant H & H Lee Pty Ltd

Owner at time of lodgement H & H Lee Pty Ltd

Current owner H & H Lee Pty Ltd

Site area 78,304m2

Date application received 13 March 2015

Date entered decision 12 December 2015

Domain N/A

LAP Guragunbah LAP

City Plan Limited Development (Constrained Land) Zone

State planning policies N/A

Decision type Development Permit for Material Change of Use for Service Station, Take-Away Food Premises and Shop, Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision

4 BACKGROUND Original proposal

On 13 March 2015, an application for a development permit for material change of use to establish a Service Station, Open Sports Ground and Take-Away Food Premises and a development permit for reconfiguration for a Two Lot Subdivision was lodged with Council.

Minor change

On 4 May 2015, the Applicant advised of a minor change to the application which resulted in a development permit for material change of use to establish a Service Station, Open Sports Ground and Take-Away Food Premises and a development permit for reconfiguration for a Three Lot Subdivision.

Changed application

On 25 September 2015, the Applicant responded to Council’s information request and advised that due to the hydraulic and environmental constraints associated with the Open Sports Fields component, that this aspect of the development would no longer be pursued.


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The change resulted in an application for a development permit for material change of use for Service Station, Take-Away Food Premises and reconfiguration of lot for a Two Lot Subdivision to be delivered in two (2) stages. Stage 1 comprises the Service Station and Take-Away Food Premises (100m2 GFA). Stage 2 comprises the Take-Away Food Premises and Shop (525m2 GFA).

The balance land (Proposed Lot 2) is identified on the plans to be dedicated to Council. The plans are also marked indicating the Applicant will make contributions to a concrete pathway (through the site) and bridge over Mudgeeraba Creek.

Officers considered the hydraulic impacts to remain unresolved.

Additional information provided by Applicant 1

On 27 November 2015, in response to Council’s information request (issued 30 October 2015) the Applicant confirmed their intent to make a constrained community contribution for the amount of $110,000 towards the construction of a concrete path (within Proposed Lot 2) and bridge over Mudgeeraba Creek. The Applicant clarified the GFA of the Fuel Shop (216m2), the total GFA of the Take-Away Food Premises component (400m2), and total GFA of the Shop component (225m2).

The proposal resulted in significant hydraulic impacts on the adjoining lot to the west of the site. Officers were not supportive of this outcome.

Additional information provided by Applicant 2

On 24 May 2016, during the decision stage, the Applicant advised that Proposed Lot 2—to be dedicated to Council as public open space—would now be dedicated to the Mudgeeraba Soccer Club. The advice was accompanied by 473 pro-forma submissions in support for the development.

A new hydraulic solution was proposed that removed the impact on the adjoining property to the west; however it resulted in significant additional inundation to the east (i.e. Somerset Drive and Firth Park). This is the current proposal.

5 PROPOSAL Material Change of Use

It is proposed to establish a Service Station, Shop and Take-Away Food Premises over two (2) stages. Access and egress is proposed via two (2) cross overs on Somerset Drive (see Image 1).

Stage One comprises the Service Station (including fuel shop with a Gross Floor Area [GFA] of 216m2) and two (2) Take-Away Food Premises tenancies (i.e. Tenancy A/B) with a total GFA of 100m2. The Service Station will provide space for eight (8) bowsers protected by a metal canopy. Two (2) loading bays are located adjacent the nominated ‘bin’ and ‘service’ areas.

Stage Two is comprised of three (3) Shop tenancies (total GFA 225m2) being Tenancy C (75m2), and Tenancy F/G (150m2), and four (4) Take-Away Food Premises tenancies (total GFA 300m2) being Tenancy D/E (150m2) and Tenancy H/J (150m2).

The development is built upon a suspended slab so not to impede flood water conveyance through the site. A 600mm high planter box runs along the perimeter of the slab. The built form is single storey and designed in the local vernacular (i.e. pitched roofs, weatherboard, Colorbond sheeting) (see Image 2).

A total of 52 car parking spaces are to be provided (i.e. 12 [stage one], 40 [stage two]).


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The proposed service station will operate 24 hours a day, 7 days a week. The operating hours of the other components are expected to be between 6am and 10pm, 7 days a week.

The buildings have a minimum side and front setback of 7 metres and 21 metres respectively. The minimum setback of the bowser canopy to the frontage is 17.5 metres. A combined tenancy pylon sign (approximately 8.4 metres high) is proposed along the front property boundary on Somerset Drive.

A bund is proposed to be constructed to divert flood water, to reduce the flood impact on the adjacent property to the west. The bund will traverse both proposed lots (see Image 3).

Image 1: Proposed Service Station, Shop, Take-Away Food Premises


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Image 2: View from Somerset Drive of proposed development

Image 3: Location of proposed bund

Reconfiguration of Lot

The property is to be subdivided into two (2) lots. Proposed Lot 1 (9,300m2) and Proposed Lot 2 (69,004m2). Proposed Lot 1 is located on the northern portion of the site and will contain the proposed MCU development. Proposed Lot 2 (the balance lot) is to be dedicated to the Mudgeeraba Soccer Club (see Image 4). The subdivision is proposed to be completed as part of Stage One (1) of the development.


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Image 4: Proposed 1 into 2 Lot subdivision

Monetary contribution

The applicant has proposed to contribute $110,000 to Council for the construction of a concrete pathway through Proposed Lot 2 to the Hinterland Regional Park, and for construction of a bridge over Mudgeeraba Creek.

6 SITE & ENVIRONMENT 6.1 Characteristics of site The site is located at the intersection of Somerset Drive and Franklin Drive, properly described as 42SP184241. Located on the western side of Somerset Drive, the property has an approximate street frontage of 94 metres (to Somerset Drive), and is bounded on the southern boundary by Mudgeeraba Creek (see Image 5).

The site has an area of 78,304m2.

A small waterway runs through the centre of the property.

The site is prone to flooding; the designated flood level is 6.97 metres Australian Height Datum (AHD). A flood marker is located adjacent the site on the eastern side of Somerset Drive (see Image 5).

The site is located within the Guragunbah Local Area Plan (LAP); the following Conceptual Land Use categories apply to the site (see Image 6):

Low/Medium Density Residential

Active/Passive Recreation

Conservation Area

The site is currently unimproved and used as pasture land (see Images 7 and 8).


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Image 5: Subject site

Image 6: Conceptual land use categories

Approximate location of flood marker

Residential Low / Medium (Pink)

Active / Passive Recreation (Light Green)

Conservation Area (Dark Green)


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Image 7: View toward site from intersection

Image 8: View west toward site from Mudgeeraba Music Centre (flood marker in foreground)

6.2 Characteristics of surrounding environment The site is located amidst public open space areas, low and medium density residential areas, and the historical commercial centre of Mudgeeraba Village (see Image 9). The site is located within the Mudgeeraba flood plain, and prone to inundation during major storm events.

North

The Campbell Duncan Park is located to the north of the site (on the northern side of Franklin Drive). Medium density residential subdivisions are located to the north of the site (on the northern side of Franklin Drive). These developments are primarily comprised of Attached Dwellings (see Images 11 and 13). The development pattern beyond this is typically low


173 Adopted Report


density residential. The historical commercial centre of Mudgeeraba Village is located to the north east, approximately 500 metres from the site.

South

The Hinterland Regional Park is located south of the site, on the southern bank of the Mudgeeraba Creek. The development pattern further south consists of low and medium density residential subdivisions.

East

Firth Park is located to the east of the site (see Image 12). Image 10 highlights the scope of public infrastructure improvements over Firth Park. Further east is a large expanse of unimproved land.

West

A nursery is located immediately west of the site. This property shares a boundary with the subject site. A low density residential subdivision is situated further west which is comprised of Detached Dwellings. The Franklin Flats Parkland is located to the south of the residential subdivision.

Image 9: Surrounding context

SITE

Commercial Development (Mudgeeraba Village)

Med. Density Residential

Low Density Residential

Public Open Space (Hinterland Regional Park)

Public Open Space (Franklin Flats Parkland)

Public Open Space (Campbell Duncan Park)

Public Open Space (Firth Park)

Med. Density Residential


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Image 10: Firth Park improvements

Image 11: View west down Franklin Drive

BF1

BF2

RFL1 RFL2

RFL3

NC

LB


175 Adopted Report


Image 12: View south east down Somerset Drive

Image 13: View east down Franklin Drive

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions N/A the regional plan for a designated region The site is located within the ‘urban

footprint’ as defined by the South East Queensland Regional Plan 2009-2031.

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

N/A


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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 The proposed development is assessed against the Gold Coast Planning Scheme 2003 v1.2 (see discussion below).

the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure charges are to be levied against the adopted charges resolution—if applicable.

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

the common material Regard has been given to the common material through this assessment.

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

N/A

any referral agency’s response for the application Regard has been given to the referral agency’s response.

7.1 City Plan This application was lodged under the 2003 Planning Scheme and has been carefully reviewed having regard to Section 317 of the Sustainable Planning Act 2009.

It is considered the outcome of the proposal is not materially different than what may be achieved under City Plan, and therefore will be assessed under the 2003 Planning Scheme.

This approach mirrors the Superseded Planning Scheme request resolution resolved at the Council meeting of 16 June 2015, in particular the decision making criteria.

The development is considered to conflict with the Purpose and Overall Outcomes of the following City Plan codes due to the resulting significant adverse flood impacts on the surrounding area:

Limited Development (Constrained Land) zone code

Flood overlay code

7.2 Assessment against Gold Coast Planning Scheme 2003 Conflict with the relevant instrument

The proposal is considered to be in significant conflict with the Gold Coast Planning Scheme 2003 v1.2 on the basis that the development will result in significant adverse hydraulic impacts on the surrounding area.

The following assessment identifies areas of non-compliance with the Guragunbah LAP place code and the Flood Affected Areas constraint code as the development results in significant flood impacts external to the site.


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The Applicant has provided grounds to justify the areas of non-compliance; however Officers do not consider these to be ‘sufficient’ to justify approval of the development despite the conflict (see discussion in section 7.2.2 ‘flood impacts’).

Place code Constraint code Specific development code Guragunbah LAP Bushfire Management Areas

Car Parking, Access and Transport Integration

Flood Affected Areas

Natural Wetland Areas and Natural Waterways

Nature Conservation

Sediment and Erosion Control

Service Stations

Retail and Related Establishments

Reconfiguring a Lot

Relationship to the LAP

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

Service Station:

“Any premises used, or intended to be used, for the fuelling of motor vehicles, involving the sale by retail of petrol or automotive distillate or any derivative capable of use in internal combustion engines, whether or not the premises are also used for one or more of the following purposes:

The sale by retail of:

� lubricating oils and greases;

� batteries and tyres;

� accessories and other products associated with motor vehicles;

� power and lighting kerosene;

� mower fuel;

� maps, tobacco, confectionery, patent medicines, soft drinks, milk products, bread, newspapers and periodicals, where any such sale is to a person travelling by motor vehicle.

The carrying out of:

� the fitting, removal, and exchange of tyres;

� the repairing of tubes;

� the supply of air;

� the charging or replacement of batteries;

� the lubrication and greasing of motor vehicles;

� the cleaning, adjustment and replacement of sparkplugs;

� the adjustment, cleaning or replacement of filters or carburettors or fuel injection systems;

� the reception and return of tyres deposited for repair on other premises;


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� running repairs of a minor nature and of a type which do not normally immobilise a vehicle for a period longer than two hours;

� the installation of accessories for motor vehicles and motor cycles;

� the washing of motor vehicles, motor cycles, boats and trailers;

� the hiring of trailers, utility trucks or utility vans where the total number of trailers and vehicles does not exceed six and the capacity of each such trailer or vehicle is not more than one tonne;

� the rendering of minor services incidental to any of the foregoing.

This term does not include a Motor Vehicle Repair Station, an Industry, a Salvage Yard, a Passenger Terminal, a Shop or a Transport Terminal.”

Take-Away Food Premises:

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

Shop:

“Any premises used, or intended to be used, for the sale or hire of goods to members of the public. This term includes the display of goods for sale and the rendering of personal services by retail. It does not include a Tavern, Manufacturer's Shop, Cafe, Restaurant, Retail Plant Nursery, Service Industry Premises, Service Station, Shopping Centre Development, Showroom, Convenience Shop, Take-Away Food Premises, Fast Food Premises, Tourist Shop, Vehicle Hire, Vehicle Sales, Warehouse or Commercial Services.”

All three (3) land uses trigger impact assessment pursuant to ‘Table of Development A’ (material change of use).

The proposed reconfiguration of a lot triggers impact assessment pursuant to ‘Table of Development G’ (reconfiguring a lot) as the minimum lot size (i.e. 4ha) has not been achieved.

7.2.1 Desired Environmental Outcomes An assessment of the development against the higher order provisions of the Planning Scheme has been undertaken.

Part 2, Division 1, Chapter 1 – Introduction to the Desired Environmental Outcomes identifies the role of Desired Environmental outcomes. Specifically, this section states:

“The Desired Environmental Outcomes (DEOs) are the core of the Planning Scheme. They provide the fundamental context (derived from the foundation research discussed in Part 1, Division 2) for the Planning Strategies that follow in Part 3, and subsequently, for the development assessment codes and other measures contained in the remaining parts of the Planning Scheme. They therefore provide a primary focus or direction for the entire Planning Scheme. They are expressed in terms of broad policy outcomes which seek to achieve ecological sustainability for the City as a whole.”

The development is considered to compromise achievement of the relevant Desired Environmental Outcomes (DEOs), as discussed below.


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DEO Soc.7 – Chapter 4 Community Wellbeing “The location and design of development to minimise the potential risk to life and property from known natural hazards.”

DEO Soc.1 contains three (3) Planning Objectives to support the achievement of the DEO. The Planning Objectives most relevant to the development are listed below:

“Soc.7.1 to ensure that development is located away from areas where the risk to life and property from the impact of natural hazards is unacceptable, in terms of either the likely cost of damage or the measures needed to effectively mitigate the risk.

Soc.7.2 to ensure that development is designed to mitigate the risk to life and property from known natural hazards.”

The development is subject to significant flood impact during major flood events. The development platform will be built above the designated flood level which mitigates the potential for damage (to the development) during flood events. However the proposed development will result in significant flood inundation over Somerset Drive and Firth Park. The likelihood of damage to public assets within Firth Park is expected to be high given that the area will be completely submerged during major flood events. The reduced flood immunity is expected to result in more frequent and longer periods where these improvements are not available for public use.

The level of risk to users of the development is expected to be high, based on the peak flood levels and flood water velocities during these times, however the Applicant has demonstrated that there will be a sufficient period to safely evacuate the development site prior to peak flood levels. Evacuation of the development must be subject to an appropriate ‘flood evacuation management plan’. An assessment and endorsement of a ‘flood evacuation management plan’ would occur in response to a condition imposed on any approval to be issued by Council. Irrespective of this, the manageable risk does not reconcile the adverse impact to property.

Officers consider the development to compromise DEO Soc.7.

7.2.2 Non-Compliance with the Guragunbah LAP place code The subject site is located within the Guragunbah Local Area Plan (LAP). The intent statement for the Guragunbah LAP reads:

“The purpose of this Local Area Plan (LAP) is to provide detailed planning and management for the Merrimac/Carrara Floodplain, now known by its Aboriginal name, Guragunbah. This flood plain is of enormous importance to the City. Guragunbah provides the last significant largely undeveloped remnant of the Nerang River flood plain system. This LAP seeks to protect the hydraulic functions of the Guragunbah flood plain, while allowing limited residential, tourism and recreational development. There is also an opportunity to provide an extensive open space resource for the City which complements existing and future urban development.

Existing golf courses are intended to be maintained for their open space values and outdoor recreation opportunities. Development on such land will be limited to open space and recreation uses. Higher order uses, such as urban residential development, are considered undesirable and inappropriate on such sites.


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This LAP is supported by three planning studies, namely the:

a) Guragunbah (Merrimac/Carrara Floodplain) Hydraulic Master Plan;

b) Report of the Merrimac/Carrara Floodplain Advisory Committee; and

c) Merrimac/Carrara Floodplain Tourism Strategy.

This LAP is extensively based on the work undertaken as a part of the Guragunbah (Merrimac/Carrara Floodplain) Structure Plan adopted by Council on 30 March 1998.”

The Conceptual Land Use applicable to the northern tip of the site (Residential Low/Medium Density) identifies the area as intended for residential development. The proposed land uses, while not consistent with the definition of ‘Residential Low/Medium Density’, may be appropriate to support the envisioned and established residential communities through improved opportunities for employment and community interaction provided that the development is consistent with the place code specific Desired Environmental Outcomes (DEO).

Subclause 8.4 of the place code clarifies that the Conceptual Land Uses (indicated on Map 14.7) are not prescriptive and that other forms of development are permitted within the LAP provided that the development satisfies the intent of the LAP. The proximity of the higher order roads being Somerset Drive (local distributor road) and Franklin Drive (State district road) are expected to complement a form of commercial development that is consistent with the DEOs. However the proposal results in significant hydraulic impacts which are inconsistent with the intent of the LAP (see discussion in section 7.2.2).

Desired Environmental Outcomes

Development within the LAP must be consistent with the following place code specific DEOs.

“3.1 The achievement of urban development that is of a scale, form and character appropriate to the immediate local area and the intended open character of the flood plain (refer to DEO.Soc.1).

3.2 The optimisation of opportunities for urban development, consistent with the environmental capacity of the land and the continuing functioning of the flood plain (refer to DEO.Soc.7)

3.3 The maintenance of existing significant views and enhancement of the visual quality and landscape character of the flood plain, with significant open space areas located so that they are visible from the Pacific Highway, Gold Coast City Railway and other major transport routes (refer to DEO.Ecol.1).

3.4 The rehabilitation of existing degraded water environments within the region to replicate natural ecosystems that are appropriate to flood plain areas, (refer to DEO.Ecol.2).”

The proposal is expected to compromise the hydraulic functions of the flood plain resulting in significant adverse flood impacts within, and external to the site; the development is considered to conflict with the place code specific DEO 3.2.

The development is not considered to demonstrate an acceptable outcome having regard to the requirements of the Guruganbah LAP place code as it is will result in adverse flooding impacts on the surrounding area.


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An assessment of the key area of noncompliance follows:

The following assessment has been completed through consultation with Council’s Hydraulic Assessment technical experts.

Flood impacts

PC19 All development proposals must be assessed for their hydraulic impacts. Guragunbah LAP Map 14.2 – Floodways indicates peak flood levels, core floodways, peripheral floodways and flood fringe areas. The floodways and flood fringe areas (further defined in the Guragunbah (Merrimac/Carrara Floodplain Hydraulic Master Plan) indicate the approximate extent of flooding during the design flood event, within the LAP area and flow paths, where hydraulic continuity needs to be maintained. The LAP seeks to allow for appropriate earthworks in the flood plain, using compensated filling techniques to create platforms with sufficient flood immunity for development or other changes in topography for development such as recreational facilities. The impact of any significant changes to the flood plain are not to be considered in isolation, and account is to be taken of cumulative effects on flood levels, across the flood plain itself and the wider river system.

AS19.1 Peak flood levels outside the site for the area covered by the Department of Natural Resources and Mines computer model of the flood plain, including its southern extension, are not increased and are preferably reduced for a range of floods, including: a) the 50% to 1% annual exceedance probability for

local flood events; and b) the 5% to 1% annual exceedance probability for

regional flood events. Flood storage within the site is maintained or, where possible, increased for a range of floods, including: a) 20% to 1% annual exceedance probability for local

flood events; b) 5% to 1% annual exceedance probability for

regional flood events. Flow hydrographs at nominated hydraulic sections and control points upstream and downstream of the proposed development remain essentially unchanged, provided that, where Council approves a developer flood mitigation scheme arrangement, which demonstrates an overall reduction of peak flood levels. Note: AS19.1 may be varied, having regard to the

costs and benefits of the scheme, the methods of funding and any other relevant matter. In exercising its discretion in this regard, Council will ensure that a demonstrated majority of the expected reduction of peak flood levels is maintained in perpetuity, for the benefit of all flood affected residents within the Nerang River catchment.

AS19.2 Approval of any filling work, below the designated flood level will only be given where these are compensated by an equivalent volume of cut, also below the designated flood level, and where the areas of cut and fill are clearly linked in perpetuity to Council’s satisfaction, unless a developer flood mitigation scheme arrangement, containing the following features, is approved: a) when approving construction of a flood mitigation

scheme, Council will have regard to the opportunities for funding;

b) where Council determines that a developer mitigation scheme arrangement is appropriate, it shall call for Expressions of Interest for participation in such a scheme;

c) expression of Interest documents clearly identify the hydraulic parameters and cost sharing proposal, which form the basis for the developer flood mitigation scheme arrangement.


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The Applicant proposes to construct a suspended platform in order to minimise alteration to the land (i.e. cut and fill). Despite this, the Applicant’s flood modelling shows a significant impact on the hydraulic conditions over the site and surrounding area—particularly on community infrastructure sites that are susceptible to flooding (e.g. Firth Park)—for all flood events beyond a 2 year ARI. Officers are concerned that the cumulative impacts caused by the subject development and future upstream developments, will exacerbate the flood issues on Somerset Drive and Firth Park, leading to higher flood levels, longer inundation times, increased flood frequency and increased risk to damage of property.

Hydraulic Assessment comment: Hydraulic Assessment have provided the following advice stating that the proposal does not comply with the PC.

“PC19 – Does not comply

Due to the modification of an existing flood conveyance, the proposal increases flood level significantly external to the site. The flood level increases are approximately 100mm on Somerset Drive and 50mm in Firth Park for 100 year ARI floods. However, no consent letters from the affected property owners accepting the above flood level increases are submitted.

It is to be noted that the flood affected section of the road is likely to be inundated by (an average) of 0.8 metres during 5 year ARI and 1.3 metres during 100 year ARI flood events.”

City Assets comment: City Assets have assessed the impacts on Somerset Drive and advised that they do not accept the additional inundation over the road.

“City Assets Branch do not support the flood impact (increase in flood level to the road) from the proposed development for the following reasons;

The max 100mm increase in flood level to Somerset Drive is a significant impact to the road and it is not acceptable to City Assets Branch.

The northern end of Somerset Drive is experiencing serious flooding problems. Further increase in flood level to the area can worsen the flooding problem in the area or increase risk of damage to properties.

The increase in flood level to Somerset Drive will increase the duration of flooding in the area. This will result in a longer road closure period during flood.

The hydraulic modelling shows the flood level has been increased in all storm events above (and including) a 5 year ARI. This will result in the higher frequency of road flooding on Somerset Drive.”

Parks and Recreational Services comment: Parks and Recreational Services have reviewed the impacts and advised that they do not accept additional inundation over Firth Park.

“…following discussion with management of the Parks and Recreational services branch, the consensus is that although the impact is not significant (i.e. 2cm to 50cm), the precedent established by agreeing to this and the compounding effect of other developments receiving the same allowance will result in a poor outcome for the community.”


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Assessing Officer’s comment: The proposal is considered to conflict with the PC on the basis that it will have an adverse impact on the flood immunity of Somerset Drive and Firth Park; the cumulative impacts of future development are expected to reduce this further; the relevant Council Asset Owners have advised that they do not support the additional inundation over their respective assets due to the higher flood levels, longer inundation times, higher flood frequency and the increased risk of damage to property. The Applicant has proposed grounds to justify the inundation; these grounds are not considered sufficient to overcome the hydraulic impacts of the development on the surrounding landscape (see discussion in section 7.8).

The proposal complies with the rest of the place code’s acceptable solutions and performance criteria, except as follows (compliance with these aspects of the code do not resolve the key areas of noncompliance as discussed above):

Visual appearance of buildings

PC10 The architectural style of new buildings must complement the character and environment of the Guragunbah area and its landscapes.


The proposed buildings are of a form, scale and character that are generally consistent with the immediate local area (typically low-rise ‘Queenslander’ vernacular). The City Architect has reviewed the plans and has provided conditional support for the proposed built form.

Officers recommend the built form of the Service Station tenancy be altered to be consistent with the character of the other tenancies (i.e. ‘Queenslander’ vernacular) in order to achieve compliance with the PC. This may be achieved through an ‘amended plans’ condition.

Advertising devices

PC11 All signage erected for identification and advertising purposes must be low key in style and complementary to the semi-rural and natural character of the Guragunbah landscape.

AS11.1 Advertising devices do not extend above the ground greater than 1.5 metres, do not have a horizontal dimension greater than two metres, and do not have a surface area exceeding 1.5m2. AS11.2 The typeface on the sign is not taller than 30cm. AS11.3 Internally illuminated or animated advertising devices are not used. AS11.4 All signs are consistent with the provisions for the Private Open Space Domain set out in Specific Development Code 2 – Advertising Devices.

There are no advertising devices assessed as part of the subject application; a detailed assessment of the proposed signage will be undertaken during the later application for an ‘advertising devices permit’ in accordance with Council’s Local Laws. However, it is considered that the conceptual signage locations and heights will not result in significant adverse impacts on the local character.


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The proposal features a multi-tenant pylon sign (approximately 6.2 metres high) located along the front property boundary on Somerset Drive, and facia signage across the fuel pump canopy. The proposed signage is generally oriented away from the residential areas, which is expected to minimise the visual impact on the surrounding landscape. The design of the pylon sign should be complementary to the village character of Mudgeeraba. Conditions to this effect should be imposed to ensure compliance with the PC.

Flood risk


PC18 Development must be designed to ensure that residents, occupants or users are not at unreasonable risk from flooding.

AS18.1 Any modifications to the flood plain resulting from the development do not: a) increase (and preferably reduce), any reasonable

expectation of: � flood risk; � flood damage; � flood hazard to existing properties; b) place occupants or users at undue risk of flood

damage or hazard; c) adversely affect flooding to reduce the potential risk

of other landowners within the flood plain; d) impose any additional burden on, and if possible

improve, the City's counter-disaster response during a flood emergency.

AS18.2 – N/A Road crown surface levels meet the following minimum standards: a) any road that provides the sole means of exit from

a residential area to a place of refuge is constructed to provide immunity from 5% annual exceedance probability floods;

b) road crown levels of residential streets, including private driveways greater than 15 metres in length and serving three or more dwellings, are constructed not less than 300mm below the 1% annual exceedance probability flood level.

AS18.3 Development is designed to meet the following criteria, unless part of a Council approved flood mitigation strategy: a) no adverse effects, external to the subject land,

arising from any increase in velocity and/or redirection of flood flow;

b) no increase in the duration of inundation outside the site, where such increased inundation could cause loss or damage;

c) development shall not: � plan (flooding); � increase the number of people calculated to be at

risk from flooding; � increase the number of people likely to need

evacuation; � shorten flood warning times; � impact on the ability of traffic to use evacuation

routes or unreasonably increase traffic volumes on evacuation routes, as designated within Council's Counter Disaster Plan (flooding).


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The proposal does not comply with AS18.1 and 18.3 as the modified flood plain will increase the flood hazard both within and external to the site (i.e. Firth Park and Somerset Drive). No new roads are proposed as part of this development therefore AS18.2 does not apply.

The Applicant’s flood modelling (see Appendix A ‘Developed Case 230’) shows the development does not have flood free access/egress for 5 year (and above) Average Recurrence Interval (ARI) flood events (i.e. there is a 20% probability that in any given year the development will not have flood free access). However users of the development are not considered to be at unreasonable risk from flooding subject to implementation of an appropriate ‘flood evacuation management plan’ (see section 7.2.4 ‘flood affected areas’ for further detail). The flood model also shows the development will not result in further flood risk for nearby residential areas. Compliance with the PC is achievable through compliance assessment of a ‘flood evacuation management plan’.

Flood hazard


PC20 Use of a facility is predominantly dictated by the reasonable hazard that a person would experience during a flood. The ultimate users of the land or facilities should reasonably expect to be able to evacuate to a place of refuge, appropriate to the time of day and weather conditions.

AS20 Flood immunity for the identified developments is consistent with the Table to Acceptable Solution AS20.

The proposed building platform will be constructed at or above Council’s designated flood level (6.97m AHD), however the development does not have flood free access/egress for 5 year ARI (and above) flood events. Users of the development are not considered to be at unreasonable risk from flooding subject to implementation of an appropriate ‘flood evacuation management plan’ (see section 7.2.4 ‘flood affected areas’ for further detail). Compliance with the PC is achievable through compliance assessment of a ‘flood evacuation management plan’.

Reconfiguring a lot

PC21 Subdivision of land must contribute to a land use pattern consistent with the intent of this LAP, favouring large lots to protect nature conservation values and to maintain water storage and landscape values, and providing for smaller lots in concentrations of residential activities.

AS21.1.1 The minimum lot size is no less than four hectares. OR AS21.1.2 The minimum lot size is not less than 4,000m2 in association with a subdivision consistent with PC3 Hinterland Protection of the Specific Development Code 28 – Reconfiguring a Lot. OR AS21.1.3 The minimum lot size is not less than 600m2, in association with an approval for an MCU, for land proposed to be developed using the land use descriptions provided in Subclause 8.4 of this LAP as being either: a) Residential Low/Medium Density; b) Mixed Residential Tourism. OR


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AS21.1.4 For the area of land east of Mudgeeraba Road, west of Pacific Motorway and north of Narrabundah Road, comprising lots described as 3WD4506, 5WD1997, 8WD4504 and 102RP142693, the minimum lot size is 4,000m2, with the mean average of all the lots in the total area of the subdivision not exceeding 8,000m2 and with no lots exceeding 15,999m2.

The proposed development will create two lots (i.e. Proposed Lot 1 [9,300m2] and Proposed Lot 2 [69,004m2]). The lot sizes are sufficient for their purpose, with no adverse impacts expected on the water storage capacity of the land or landscape values of the site as the majority of the property will remain open and generally unimproved. The commercial component is appropriately sited along the junction of two (2) higher order roads and is not expected to result in a significant loss in local amenity. Compliance with the PC is achieved.

Amenity protection

PC22 The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of: a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.


The following discussion demonstrates the development does not result in significant adverse impacts on local amenity. The development is considered to comply with the PC.

Noise

The development is located a significant distance (approximately 110 metres) from surrounding noise sensitive uses (e.g. residential areas), therefore noise from the proposed development is not expected to have a detrimental impact on these areas.

Operating hours

The Service Station is proposed to operate 24 hours a day, 7 days per week; the Take-Away Food Premises and Shop components are proposed to operate between the hours of 6am and 10pm, 7 days per week. The orientation of the development (i.e. away from residential areas), physical separation from the residential development, and limit to the operating hours of the Take-Away and Shop uses is considered sufficient to ensure that residential amenity is not adversely impacted as a result of the proposal.

Traffic

Transport Assessment officers have reviewed the expected traffic generated by the development and do not consider the development to result in significant additional traffic on the road network. See section 8.1 ‘Transport Assessment’ for further detail.


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Lighting

Light emitted from the development is not expected to adversely affect the surrounding residential areas, or have a detrimental impact on the character and amenity of the area.

Signage

There is no signage assessed as part of the application, however it is considered that the conceptual signage location and heights illustrated on the plans will not cause a significant loss of visual amenity for the residential properties, nor result in adverse impacts on the character of the area.

Visual amenity

The developable area is confined to the northern tip of the site, thereby preserving the majority of the open space character of the area.

The architecture has been designed to remain consistent with the local vernacular (i.e. Queenslander) to preserve the local heritage character of the area. The car parking area has ample provision for landscaping which will soften and screen the built form and establish the development visually within the landscape.

Privacy

It is considered that there will be no privacy impacts due to the landscape screening, separation (from residential areas), and orientation of the development toward the east (i.e. away from residential areas).

Odour and emissions

Environmental Health officers have assessed the impacts of the proposed chemical storage for the development and have determined the underground tanks are satisfactory subject to implementation of suitable design measures, operational plans, pollution protection equipment and leak detection measures.

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

Service Stations

Retail and Related Establishments

Reconfiguring a Lot

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

Location (need)

PC12 The Service Station must be in a location where there is a demonstrable need for the Service Station use.

AS12 A Site Analysis and a needs analysis, which have been prepared in accordance with Planning Scheme Policy 17 – Site Analysis, has determined the need for a Service Station development in the local area.


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The Applicant has not provided a ‘needs analysis’ to support the proposed Service Station use; the following justification in support of the proposal is provided.

“The subject site adjoins Somerset Drive and the Gold Coast-Springbrook Road which both provide key access south and west from the Pacific Motorway and Mudgeeraba Township.

There are eight service stations in Mudgeeraba and these are located within a four kilometre radius from the site. The closest of these service stations is approximately 1.5km from the site. Of these service stations the majority are located east of the Pacific Motorway and do not service the tourist routes and communities located to the west.”

The development is expected to provide a small convenience centre for the local community and is expected to support the function of the nearby commercial centre of Mudgeeraba village. The site is appropriately located along a higher order road (Franklin Drive) which further supports the location of this type of development. The proposed development is considered to comply with the PC.

Location (siting)

PC5 The Service Station must be located so it: a) does not contribute to commercial and industrial

ribbon development; b) does not adversely impact on nature

conservation or open space areas; c) complements local shopping facilities or

established non-residential development in urban areas.

AS5.1 The Service Station is located adjacent to a highway or motorway interchange at a service node. AS5.2 The Service Station is located within or adjacent to local shopping facilities or established non-residential development. AS5.3.1 The Service Station is not located in nature conservation or open space areas. OR AS5.3.2 The Service Station is located in nature conservation or open space areas and has one or more of the following characteristics: a) the site is located adjacent to a highway or

motorway; b) the site has no environmental or ecological

values; or c) the use is one element of a development which

also provides a range of amenities such as rest area, toilets and picnic facilities.

The site is located approximately 500 metres from the primary commercial area (i.e. Mudgeeraba Village), and buffered from residential development (approximately 100 metres away) by public open space and a nursery (immediately west adjacent the site). The development is located along a higher order road being Franklin Drive.

The development is not considered to result in a commercial ribbon development pattern due to the open space buffer areas between the development site and the established commercial areas; nor can a ribbon development pattern occur due to the open space corridors.


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The development is not expected to adversely impact on nature conservation or open space areas given that the developable area is situated well away from the environmentally sensitive areas to the south of the site (i.e. Mudgeeraba Creek). The balance of the site is to remain unimproved with the purpose of maintaining the open space character. Furthermore, appropriate conditions of approval can be imposed to ensure the development does not release contaminants into the area.

The Service Station is appropriately located to complement the nearby commercial area to the north east. The development is considered to comply with the PC.

Function of use

PC8 The retail component of the Service Station must be ancillary to the Service Station use.

AS8 The maximum area of retail floor space is 80m2.

The development does not comply with the acceptable solution as the retail component (i.e. ‘fuel shop’) has an area of 216m2. This area is inclusive of back of house and rest room facilities; the maximum retail floor space has not been advised.

The size of the retail shop component is comparable in size to similar Service Stations in the immediate area; however these sites are either directly accessible from the Pacific Motorway or zoned as a Local Business domain and surrounded by appropriate densities of residential development. The floor area of the proposed ‘retail shop’ must be an appropriate scale in order to remain ancillary to the function of the Service Station use.

Officers recommend the retail floor area be specified in the architectural plans to verify that this aspect of the development remains ancillary to the Service Station use. This may be achieved through an ‘amended plans’ condition—if the application is to be approved.

Building appearance

PC10 The design of all buildings and structures must be in keeping with the appearance of the local area and utilise a design theme that expresses a modern and functional appearance.


A modern theme or appearance is not considered appropriate for the location due to the heritage character of the area. Officers recommend the built form of the Service Station tenancy be altered to be consistent with the character of the other tenancies (i.e. ‘Queenslander’ vernacular) in order to achieve compliance with the PC. This may be achieved through an ‘amended plans’ condition. Refer to section 7.2.2 ‘visual appearance of buildings’ for further detail.

Retail and Related Establishments The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

Car park areas and visual amenity

PC5 All car parking areas must not be visually intrusive or the dominant feature of any individual development.

AS5 The car park area is provided at ground level, and is located to the side or the rear of the main building on the site.


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The development does not comply with the acceptable solution as the car parking area is located at the front of the site. The car parking area is expected to be sufficiently screened and buffered through landscaping to effectively soften the built form and visually establish the development within the landscape. The development is considered to comply with the PC.

Building appearance

PC8 All buildings and ancillary structures must demonstrate a high standard of design and finish which: a) will contribute to the urban character of the local

area; b) adds visual interest to the streetscape; c) differentiates between buildings; d) avoids stark or austere appearances.

AS5 The building's massing and proportions, materials, patterns, textures and colours visually integrate with the prevailing or proposed character of the area. AS8.2 The building facade is detailed and articulated with design indentations or window openings.

Officers recommend the built form of the Service Station tenancy be altered to be consistent with the character of the other tenancies (i.e. ‘Queenslander’ vernacular) in order to achieve compliance with the PC. This may be achieved through an ‘amended plans’ condition. Refer to section 7.2.2 ‘visual appearance of buildings’ for further detail.

Reconfiguring a Lot The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

Filling and drainage of lots

PC16 All lots created have sufficient area that is flood free to safely and adequately accommodate their intended use and development.

AS16.1 Every lot must be adequately filled and drained, without adverse environmental impact, so that it can be used for its intended purpose. The minimum area available, above the planning flood level for each lot, is in accordance with this Table to Acceptable Solutions.

AS16.2 Any filling to be undertaken to provide the minimum area above the planning flood level required by AS16.1 is in accordance with Specific Development Code 11 – Changes to Ground Level and Creation of New Waterbodies and Constraint Code 9 – Flood Affected Areas and Constraint Code 10 – Natural Wetland Areas and Natural Waterways.

AS16.3 Residential lots contain a rectangle above the planning flood level measuring nine metres by 15 metres and clear of all statutory boundary setbacks. AS16.4

Residential lots with an area less than 300m2 are square or rectilinear in shape.

AS16.5 The flood free area provided in accordance with AS16.1 has access to a road frontage that is flood free.

AS16.6 Flood modelling, if required, assumes that 100% of the lots are filled to a level above the 1 in 100 year flood line in the Village, Detached Dwelling, Residential Choice, Residential and Tourist, Integrated Business, Local Business and Fringe Business Domains and their LAP precinct equivalents.


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The development does not have flood free access/egress for 5 year (and above) ARI flood events, however access/egress during flood events can be effectively managed through an appropriate ‘flood evacuation management plan’. Compliance with the PC is achievable through compliance assessment of a ‘flood evacuation management plan’. Refer to discussion below regarding ‘access criteria with respect to hazard’ for further detail.

7.2.4 Compliance with the relevant constraint codes and overlays The development is required to demonstrate compliance with the applicable Acceptable Solutions and Performance Criteria of the following constraint codes:

Bushfire Management Areas

Car Parking, Access and Transport Integration

Flood Affected Areas

Natural Wetland Areas and Natural Waterways

Nature Conservation

Sediment and Erosion Control

Bushfire Management Areas The development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions may be included to ensure the development’s on going compliance with this code.

Car Parking, Access and Transport Integration The development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions may be included to ensure the development’s on going compliance with this code.

Flood Affected Areas The following assessment of the code has been completed through consultation with Council’s Hydraulic Assessment technical experts.

The purpose of the code reads:

“To ensure that, where premises within flood affected areas are to be developed, adequate measures are taken to:

� ensure that the development does not cause, or have the cumulative potential to cause, real damage (as defined below);

� provide standards for development in these areas that will ensure that the runoff from land and/or premises does not create any adverse environmental impacts.

Key objectives include:

a) avoiding, if practicable, or otherwise lessening, the adverse impacts of flooding;

b) maintaining or improving the City's counter disaster response efforts during a flood emergency;

c) equitably sharing development constraints and development potential within a single river catchment and its sub catchments;

d) equitably sharing the costs and benefits of flood mitigation infrastructure within a river catchment and its sub-catchments;


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e) protecting the flood storage function of the City's flood plains;

f) protecting the flood discharge capacity of the City's rivers, streams and canals;

g) achieving and maintaining a best practice approach to flood plain management;

h) protecting ocean beaches and the shores and banks of estuaries, lakes, canals, rivers, streams and other waterbodies from erosion.

This code seeks to manage the effects of flooding on flood prone land, where it relates to new and existing development, infrastructure and ecosystems, by requiring:

� certified engineering hydraulic management plans or studies;

� specific design criteria for certain types of land uses.

All such proposals for development will be fully evaluated against the following criteria:

� real damage: whether the development is likely to cause damage that would adversely affect land and/or premises to an extent likely to be actionable;

� cumulative impact: whether the cumulative impact of development is likely to cause real damage;

� flood hazard: whether the development is likely to cause or worsen flood hazard;

� risks: whether the risks associated with the development are fully known, quantifiable and capable of being dealt with to Council's satisfaction, without any uncertainties; and

� flood mitigation: whether flood mitigation works, intended to reduce flood risk, hazard and damage, do so without adversely impacting upon other land and/or premises.”

The flood mitigation strategy proposed by the Applicant is shown to have significant adverse impacts on Somerset Drive and Firth Park (to the east of the site). The owners (i.e. City Assets and Parks & Recreational Services) of these Council assets have advised that they do not accept the additional flood inundation over their respective assets as the resulting impacts have the potential to prolong inundation times and increase flood frequency.

The development in isolation is not expected to cause real damage; however the cumulative impact of further development that has been afforded the same concessions (i.e. permitting additional flood inundation over Somerset Drive and Firth Park) has the potential to cause real damage and worsen the flood hazard for the surrounding area.

The development is considered to be in conflict with the purpose of the code given that the key objectives of the code have not been achieved.

The development is not considered to demonstrate an acceptable outcome having regard to the requirements of the Flood Affected Areas constraint code due to the adverse impacts it will have on the hydraulic condition of the surrounding area.

An assessment of the key areas of noncompliance follows:

Flooding risk

PC5 Development in flood affected areas must not cause, or have the cumulative potential to cause, real damage, must not increase the level of risk to life, or be to the detriment of flood evacuation procedures.

AS5 Development does not: a) increase the number of people calculated to be at

risk from flooding; b) increase the number of people likely to need

evacuation; c) shorten flood warning times;


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d) impact on the ability of traffic to use evacuation routes, or unreasonably increase traffic volumes on evacuation routes, or as identified within Council's Counter Disaster Plan (flooding);

e) place additional burdens on Council's resources or emergency services;

f) increase the duration of flooding, unless that increase is part of a Council approved flood mitigation strategy.

The proposal does not comply with AS5, as the development is likely to increase the number of people at risk from flooding who in turn may require evacuation (i.e. users of the development). The development is likely to increase the duration of flooding on Somerset Drive, and is shown to have increased the flood duration over Firth Park.

The development will be constructed at or above the designated flood level (6.97m AHD) and is therefore expected to avoid significant damage during major flood events. However the proposed development is considered to contribute to the increased risk of damage to the adjoining property (Firth Park). These risks are expected to compound further when considering the cumulative impact of development (afforded the same flood mitigation concessions) that is permitted to cause additional flooding on adjoining lots.

The proposal is considered to conflict with the PC on the basis that it has the cumulative potential to cause real damage to the adjacent properties (i.e. Firth Park).

Flood storage and conveyance

PC6 Development with plans for earthworks in a floodplain on or over a water body or within a flood affected area below the Designated Flood Level must allow for the maintenance of flood storage, and flood conveyance of flood and drainage channels and overland flow paths.

AS6.1 Provide flood storage calculations that demonstrate that flood storage volume, over the site below the Designated Flood Level, is maintained or increased. AS6.2 A certified hydraulic study (and, if necessary, a hydrologic study) is prepared by a suitably qualified and experienced engineer to investigate the hydraulic characteristics of both the undeveloped and developed site and make comparisons between them. Proposed developments in, on or over a water body, or within a flood affected area, must be tested for: a) the 50%, 20%, 10%, 5%, 2% and 1% Annual

Exceedance Probability (AEP) for local flood events;

b) the 5%, 2%, and 1% AEP floods and the designated flood and design flood AEP (as specified in Table to Acceptable Solution AS7.1) for riverine flood events,

c) any resultant afflux or increase in flood velocities sufficient to cause real damage to premises. The Assessment Manager may also require the development to be assessed against rarer floods.

AS6.3 The Assessment Manager may decide that a hydraulic and/or hydrological study is not necessary if in the Assessment Manager's opinion: a) a relevant study, that is not outdated, demonstrates

there are no significant flooding impacts that were not covered in the relevant study; or


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b) the flooding impact of the approval, in relation to the development, is minor,

c) in which event the Assessment Manager must provide a written notice to that effect to the applicant.

The proposal does not comply with the acceptable solutions as the Applicant’s flood model has shown there are significant adverse flood impacts on the surrounding area.

The development requires the construction of a bund to redirect flood water away from the adjoining property to the west. The result is a greater impact toward the east of the site; specifically over Somerset Drive and Firth Park (see Appendix A ‘Developed Case 230’). The relevant Council Asset Owners have advised they do not support the additional inundation over their respective assets (see discussion in section 7.2.2 ‘flood impact’).

Earthworks within the flood plain are expected to be minimal as the proposal will utilise a suspended platform which enables flood water to continue to flow through the site. Irrespective of this, it has been shown that the proposed development will have an adverse impact on the hydraulic conditions of the surrounding area for all flood events beyond a 2 year ARI. The proposal is considered to conflict with the PC on the basis that the modified flood conveyance will reduce the flood immunity of Somerset Drive and Firth Park.

Filling, excavation and contouring

PC11 Any change to ground level, by way of filling, excavation or contouring, must not result in real damage, flood hazard or impediment to any Counter Disaster Plan, measure or create unreasonable change in the exposure to flood hazard.

AS11.1.1 Changes to ground level, by way of filling, excavating or contouring, comply with a hydraulic master plan approved by Council.

OR

AS11.1.2 A flood study is prepared in accordance with the requirements set out in AS6.1 and AS6.2, is approved by Council, and it is established that the development complies with, or does not impede, any Counter Disaster Plan measure.

It is noted the development does not create additional hydraulic impacts on the surrounding residential development. However, the development is considered to result in an unreasonable change in the exposure to the flood hazard given that it has the potential to increase the flood level on the Subject Site, Somerset Drive and Firth Park by up to 1 metre.

Park Inundation

The Applicant has demonstrated the development will increase the flood duration over the southern area of Firth Park (see Table 1) and decrease the flood duration over the northern part of the park (see Table 2).

The football fields and baseball diamond to the north will have slightly improved flood immunity, however the netball courts, southern football fields and access the Firth Park (including the car parking areas) will be significantly more flood affected. Therefore on balance, there is expected to be a net worsening in the overall hydraulic immunity over Firth Park. Officers considered this to be an unreasonable change in the exposure to the flood hazard.


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ARI Time of Inundation (hrs)

Existing Developed Change (mins) 100 11.85 11.98 +8 50 11.18 11.32 +8

20 10.20 10.22 +8

10 8.95 9.07 +7 5 7.78 7.90 +7

Table 1: Park South Inundation

ARI Time of Inundation (hrs)

Existing Developed Change (mins) 100 9.83 9.63 -12 50 9.07 8.88 -11

20 7.90 7.65 -15

10 6.53 6.28 -15 5 4.98 4.68 -18

Table 2: Park North Inundation

Flood Image 1: Park inundation times

The proposal is considered to conflict with the PC on the basis that it will result in a significant increase in flood levels within the immediate area and increase flood duration over Somerset Drive and Firth Park.

The proposal complies with the rest of the constraint code’s acceptable solutions and performance criteria, except as follows (compliance with these aspects of the code do not resolve the key areas of noncompliance as discussed above):

Hazard considerations for development

PC9 Development listed in the Table to Acceptable Solution AS9 below must be designed and constructed to avoid causing exposure to undue flood hazard.

AS9 Development is to be designed and constructed so that users are not exposed to a greater degree of hazard than shown in Table to Acceptable Solution AS9 for the range of flows specified in AS7.1.


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The proposal does not comply with AS9 as the expected flood hazard rating for the development exceeds the listed ‘appropriate degree of hazard’ (i.e. medium for commercial development) in Table to Acceptable Solution AS9. The criteria for defining an ‘appropriate degree of hazard’ is detailed in Table to Acceptable Solution AS10.1 (see discussion regarding ‘access criteria with respect to hazard’).).

The development will be constructed at or above the designated flood level (6.97m AHD). During peak flood levels, users of the development are considered to have safe refuge within the development platform; sufficient freeboard should be accommodated within the development platform. The degree of exposure to the flood hazard is limited to the evacuation of the development site.

Despite noncompliance with the ‘medium’ degree of hazard (defined in table to acceptable solution AS10.1)—during peak flood levels for all flood events beyond (and including) a 5 year ARI—the evacuation route is expected to remain trafficable for a sufficient period time prior to these peak levels being reached. Furthermore the nature of the development (i.e. convenience activities), is consistent with high frequency trips of a short duration. It is considered that implementation of an appropriate ‘flood evacuation management plan’ will effectively manage the exposure to the hazard to within acceptable levels. Compliance with the PC is achievable through compliance assessment of a ‘flood evacuation management plan’.

Access criteria with respect to hazard

PC10 All proposed development must demonstrate that sufficient access or egress will be available to enable evacuation during a range of floods, up to and including the designated flood.

AS10.1 Development, not including underground car parks, must ensure that evacuation opportunities exist in accordance with the minimum levels of exposure outlined in Table to Acceptable Solution AS10.1, where means of access or egress may be:


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a) an access route that is below the level of the designated flood, provided that route is classed as a low hazard, as defined in Table to Acceptable Solution AS10.1; or

b) an access route that is not the main access route. However, it must remain effective for the duration of a range of flood events, up to and including the designated flood; or

c) a temporary access arrangement, provided that access can be gained without significant preparation time being required;

The access or egress must: a) in the event of a designated flood: � not expose users to undue risk; � not cause, or have the cumulative potential to

cause, real damage to land and/or premises; � not interrupt or materially change the surface water

drainage from or onto adjoining land; b) not create, in the event of a flood, a sudden change

in flow distributions, flood level or velocity that could result in:

� the breaking of a levee; or � the establishment of blockage of a breakout; or � excessive scour; or � sedimentation; or � increased flood hazard.

The proposal does not comply with AS10.1 as the flood depth along the evacuation route ‘A-B’ (see Image 14) exceeds the acceptable parameters for a ‘low’ hazard rating (identified in Table to Acceptable Solution AS10.1).

The Applicant has demonstrated the development will have sufficient egress during flood events up to and including a 100 year ARI, which is consistent with the parameters for a ‘medium’ degree of flood hazard (identified in Table to Acceptable Solution AS10.1)—during


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the early period of the flood only. It is noted that the development has completely flood free access/egress for flood events below a 5 year ARI.

5 year ARI flood events

The evacuation distance ‘A-B’ is approximately 200 metres. The flood velocity during the first 1.33 hour period (i.e. 1hr 20mins) of the flood event—taken to begin at ‘hour 5’—does not exceed the flood velocity limit (0.8m/s) for ‘medium’ hazards (see Image 15). The flood depth during this period is 0.4m; however the maximum flood level along the evacuation route ‘A-B’ can reach 0.6m beyond this period (see Image 14). The egress point ‘A’ and evacuation route ‘A-B’ remains trafficable and within the acceptable parameters of a ‘medium’ hazard during this period.

The flood conditions post ‘hour 6.33’ are akin to a ‘high’ hazard. Evacuation during this period should be managed by an appropriate ‘flood evacuation management plan’.

Safe wading conditions for fit adults exist during the first 1.25 hour (i.e. 1hr 15mins) period only.

100 year ARI flood events

The evacuation distance ‘A-B’ is approximately 200 metres. The flood velocity during the first 1 hour period of the flood event—taken to begin at ‘hour 1.33’—does not exceed the flood velocity limit (0.8m/s) for ‘medium’ hazards (see Image 17). The flood depth during this period is 0.5m; however the maximum flood level along the evacuation route ‘A-B’ can reach 1m beyond this period (see Image 16). The egress point ‘A’ and evacuation route ‘A-B’ remains trafficable and within the acceptable parameters of a ‘medium’ hazard during this period.

The flood conditions post ‘hour 2.33’ are akin to a ‘high’ hazard. Evacuation during this period should be managed by an appropriate ‘flood evacuation management plan’.

Safe wading conditions for fit adults exist during the first 1 hour period only.

The Applicant has demonstrated that sufficient egress is available during a range of flood events. It is noted that safe egress—compliant with a ‘medium’ hazard rating—is generally available during the first 1 to 1.33 hours only, depending on the scale of the flood event. Compliance with the PC can be achieved through the implementation of an appropriate ‘flood evacuation management plan’ to ensure that appropriate measures are implemented to achieve safe evacuation of the development during periods which exceed ‘medium’ hazard conditions. This should be subject to compliance assessment by Council to ensure compliance with the PC for a range of flood events.


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Image 14: Flood depth along evacuation route 5 year ARI

Image 15: Flood depth along evacuation route 5 year ARI (Note: The ‘Somerset Drive’ line reflects the lowest point on the road which is approximately at the entrance to the Bowls Club. The ‘Site Egress’ line represents the approximate location of point ‘A’ as shown on Image 14. The Depth Limit and Velocity Limit lines correspond to a ‘medium’ degree hazard).

‘Medium Hazard’ Compliant Evacuation Period


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Image 16: Flood depth along evacuation route 100 year ARI

Image 17: Flood depth along evacuation route 100 year ARI (Note: The ‘Somerset Drive’ line reflects the lowest point on the road which is approximately at the entrance to the Bowls Club. The ‘Site Egress’ line represents the approximate location of point ‘A’ as shown on Image 14. The Depth Limit and Velocity Limit lines correspond to a ‘medium’ degree hazard).

Natural Wetland and Waterway Areas The development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions may be included to ensure the development’s on going compliance with this code.

‘Medium Hazard’ Compliant Evacuation Period


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Nature Conservation The development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions may be included to ensure the development’s on going compliance with this code.

Sediment and Erosion Control The development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions may be included to ensure the development’s on going compliance with this code.

7.3 State Planning Policy The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended April 2016) to simplify matters of state interest in land use planning and development. It is considered that the proposal is consistent with the relevant provisions of the SPP—with exception to the State Interest ‘natural hazards, risk and resilience’.

The proposed development has been assessed against the State Interest ‘natural hazards, risk and resilience’ in accordance with Part E ‘interim development assessment requirements’ as the SPP came into force after the Gold Coast Planning Scheme 2003 v1.2.

Officers consider the proposed development to conflict with the State Interest as:

(1) The development is shown to directly increase the severity of flooding over the area east of the site (i.e. Somerset Drive and Firth Park);

(2) The resulting flood impacts are expected to increase the risk of damage to properties (i.e. the public assets over Firth Park).

See discussion in section 7.2.2 ‘Guruganbah LAP place code’ and 7.2.4 ‘Flood Affected Areas’ for further detail.

7.4 State Planning Regulatory Provisions There are no State planning regulatory provisions applicable for this application.

7.5 South East Queensland Regional Plan The site is located within the ‘urban footprint’ as defined by the South East Queensland Regional Plan.

7.6 Development infrastructure requirements Officers recommend refusal of the application, therefore no infrastructure charges are payable.

7.7 Assessment of other aspects of the proposal Land dedication to Mudgeeraba Soccer Club & contribution for public infrastructure works

Considering Officers recommend the application be refused, the following discussion is for information purposes only.

The Applicant proposes to donate Proposed Lot 2 to the Mudgeeraba Soccer Club; it is also proposed that a monetary contribution of $110,000 be made to Council to improve Proposed Lot 2 with a concrete footpath and bridge over the Mudgeeraba Creek, providing a pedestrian connection from the Hinterland Regional Park to the northern end of Somerset Drive.

Improvements to public infrastructure are supported where they remain assets of the City, and freely accessible to the community. The dedication of land to a private entity (i.e. the


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Mudgeeraba Soccer Club) removes control over how the land is to be utilised: there is no longer certainty that the land will be used as public open space which is freely available for use by the entire community (as was the intent under the original proposal). On this basis, the proposed public infrastructure improvements (funded by the monetary contribution) over Proposed Lot 2 are not considered appropriate.

7.8 Summary of assessment & consideration of sufficient grounds Council’s decision with respect to the proposed development must not conflict with the Planning Scheme in accordance with section 326 of SPA.

The assessment contained herein has confirmed the proposed development does conflict with the Planning Scheme. The specific points of conflict arise with respect to:

Desired Environmental Outcome 1 DEO Soc.7 and Soc.7.1 and Soc.7.2 – Community Wellbeing a

The Guragunbah Local Area Plan (LAP) place code 2 the Purpose statement of the Guragunbah LAP a

DEO 3.2 – Function of the flood plain b

PC19 – Flood Impacts c

Flood Affected Areas constraint code 3 The Purpose statement of the Flood Affected Areas constraint code a

PC6 – Flood Storage and Conveyance b

PC11 – Filling, Excavation and Contouring c

There are three instances under section 326 of the SPA where Council can decide to approve the development application, despite a conflict. The applicable item to address in this circumstance is section 326(1)(b) of the SPA. The provision requires there to be ‘sufficient grounds’ to justify a decision to approve, despite the conflict with the Planning Scheme.

In determining whether ‘sufficient grounds’ exist, the degree of conflict needs to be acknowledged. The development is considered to result in a significant conflict with the Planning Scheme given the resulting adverse hydraulic impact it will cause on the surrounding area.

To offset the negative impacts of the development, the Applicant has identified the following ‘grounds’ in order to justify support for the proposed development despite the conflict:

“Approximately 88% of the subject site will be donated by the proponent to the community (Mudgeeraba Soccer Club). This means that approximately 6.9 hectares of privately held land not accessible to the public will be available for community use should the development be approved. This land is currently private land, and the development approval will facilitate this transfer of land to the community;

A significant financial contribution to the construction of a concrete pathway within the land donated to the community, and the construction of a bridge from the development site across the creek to the Hinterland Regional Park;

The project is only small and the contributions to the community will be over 1 million dollars of land and cash in value for the community;


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A redirection of the water flow in the vicinity of the subject site such that flooding impacts on Franklin Drive, a state controlled road, are reduced;

The project will provide convenience services and facilities to the community and create a small convenience centre;

The project will create more business opportunities and jobs for the local community.”

The proposed land donation to the Mudgeeraba Soccer Club is expected to benefit club members; however the land donation to the community group—and not Council—has the potential to exclude a significant proportion of the community from utilising the open space resource. On this basis, the Applicant’s land donation is not considered to be in the greater public interest.

The proposed public space improvements (i.e. monetary contribution for the construction of a footpath and pedestrian bridge across Mudgeeraba Creek) over Proposed Lot 2 has the potential to benefit the community by increasing access to public green space (being generally passive recreation infrastructure) that is well located and connected. However Officers do not have certainty that the infrastructure will be maintained and/or remain publicly available for use by the general public, given that the improvements are proposed over land that Council does not own.

Irrespective of the questionable public accessibility to these assets, the proposed contributions/improvements are not considered to be an equitable offset for the reduced flood immunity of Firth Park, considering the purpose of this facility (i.e. active recreation), and the scale of the public infrastructure improvements over this land (i.e. 17 netball courts, 3 rugby league fields, 2 baseball fields). Furthermore, the positive impact the development may deliver for the community is not expected to exceed the potentially significant adverse hydraulic impacts that may arise as a result.

The improved hydraulic condition of Franklin Drive (as a result of the development) is not considered an equitable offset for the increased flood inundation over Firth Park—as discussed above.

The improved access to public conveniences and business opportunities are not appropriate justification for the proposed worsening of the hydraulic conditions over the area, given the importance of the continuing function of the flood plain for the City as identified in the intent of the Guragunba LAP. It is considered that sufficient commercial areas exist within the vicinity (i.e. Mudgeeraba Village) to service the community; therefore no ‘urgent need’ exists for the development.

Following a review the ‘grounds’, Officers are of the opinion, that pursuant to section 326(1)(b) of the SPA, there are insufficient grounds provided by the Applicant to justify approval of the development despite the significant conflicts identified.

8 CONSULTATION 8.1 Internal Referrals On 23 March 2015, the subject application was referred to the following internal City specialists through the Development Assessment Review Team (DART) process. Their assessment of the application forms part of this report. The table below identifies the relevant comments and conditions provided from the applicable Internal Referrals.

Officers recommend the application be refused based on the resulting hydraulic impacts on the surrounding area. Specific attention should be given to section 8.1.10 ‘hydraulics and


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water quality’ of the following discussion. All other sections of 8.1 are included for information purposes only.

Internal Referral Comments

8.1.1 Health and Regulatory Services

Noise The site is located a significant distance away from surrounding noise sensitive uses. Noise from the proposed development will not detrimentally impact these surrounding noise sensitive uses. Waste The site plan details a waste storage area adjacent to Shop B and demonstrates that there is adequate room for a waste collection vehicle to enter and exit the site in a forward direction. Within the conditions of approval, Health has referenced the submitted plans and provided conditions requiring the bin storage area be designed and installed in accordance with Council’s Solid Waste Management Guideline for New Developments (2011). Treatment of contaminated water The applicant has proposed the fuel dispensing area and surrounds will be graded to a SPEL Puraceptor. Conditions of approval have been provided specifying that a blind sump containment vessel be installed OR a SPEL Puraceptor system compliant with the relevant standards be installed.

8.1.2 Transport Assessment

Traffic Impact

Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution

PC24 Where appropriate, specific measures must be taken in the provision of car parking spaces and access to these, to ensure that the traffic impacts of the car park area's use does not have a negative impact on the local amenity and the operation of the local street network.

AS24 A Traffic Impact Report is prepared and implemented, unless: a) the development has less than 250 high turnover or 500 low turnover parking spaces; or b) it has less than 100 parking spaces with direct access to a major road; or c) the Assessment Manager advises a Traffic Impact Report is not required. This Traffic Impact Report shows how the proposed development is able to comply with the provisions of this code and Section 7.4 of Planning Scheme Policy 11 – Land Development Guidelines.

Acceptable Solution

The applicant submitted a Traffic Impact Assessment report addressing the need for access treatments on Somerset Drive. It is noted that the report also addressed the operation of the Franklin Drive / Somerset Drive intersection, however, as this is a State-controlled intersection it is not for Council’s consideration.


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The development is expected to generate approximately 221 vph. However, a significant proportion of these are expected to be ‘drop-in’ trips i.e. passing traffic. Based on the expected volume and distribution of development traffic, and assessment against Austroads turning requirements, the applicant’s Traffic Engineer has identified that the development would warrant an auxiliary left turn treatment (AUL) and a channelised right turn treatment (CHR) on Somerset Drive (based on a 70 km/h design speed). Plans show a 50 m long (including taper) AUL treatment, meeting Austroads requirements. Land dedication will be required (from the site) to achieve the proposed AUL.

The applicant proposes a CHR treatment in accordance with extended design domain criteria and Table A16 of Austroads Guide to Road Design Part 4A – Unsignalsied and Signalised Intersections. Austroads extended design domain criteria is generally applied in constrained situations (typically to brownfield sites) when the usual requirements would be difficult (or impossible) to achieve. EDD criteria would not typically be applied to sites such as the subject site. It is presumed that the applicant has applied this criteria given the minimal separation between the proposed site access and the intersection of Franklin Drive / Somerset Drive.

Notwithstanding this, Transport Assessment has reviewed the proposed CHR treatment in the context of the supporting SIDRA analysis. That is, a 10-year forecast (2026) indicates that the 95th percentile queue length for right turns from Somerset Drive (into the site) would be around 3.5 m i.e. less than one vehicle length. On this basis, it is considered that a sufficient right turn treatment should represent sufficient deceleration for the design service vehicle (19 m AV). Plans propose a 37.5 m long right turn lane (including taper). This is considered an acceptable outcome, in accordance with Austroads standards. The proposed CHR(S) can be installed by cutting into the central median.

Conditions requiring construction of AUL and CHR treatments (as above, and at the applicant’s cost) will be applied.

Traffic Generation

Standard ‘trip segmentation’ rates are prescribed for ‘Fast Food Outlets’ in the Guidelines for Assessment of Road Impacts of Development (GARID). The guidelines state that 40% of trips would be considered ‘new’ trips, while 60% would constitute those already on the road network (‘drop-in’ trips). Of the 221 total trips expected to be generated by the development, 78 vph are associated with the proposed Take-Away Food Premises, Shops, etc. Based on the guidelines, it is estimated that 31 of these trips would be considered ‘additional’ (new) trips.

The guidelines do not specify a trip segmentation rate for Service Stations (only Shopping Centres and Fast Food Outlets). However, anecdotally, it is considered that the vast majority of trips to/from a Service Station would be drop-in trips (in the order of 90%). This is due to the fact that Service Stations are not a ‘destination’ as such, but a convenience facility. People generally will not drive out of their


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way (using more fuel) just to buy fuel. Service Stations are typically accessed by people who are already driving past. As an approximation, it could be considered that around 15 of the 143 vph associated with the Service Station could be considered ‘new’ trips.

Based on the above, the development could be expected to contribute an additional 46 vehicles to the road network (in the immediate vicinity of the site) during the morning and afternoon peak hours.

Pedestrian Access

Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution PC8 Car parking areas providing more than 20 car parking spaces must allow for the separation of vehicles and pedestrians.

AS8 Sealed pedestrian footpaths, at a gradient not exceeding 1:12, are provided from the car parking area along the shortest possible route to the point of destination.

PC19 All development must make provision for safe pedestrian access to the building from the street and from any car parking or set down area to the building’s main entrance.

AS19.1 The design of the development ensures that priority is given to pedestrians for direct links to the building’s main entrance and to any adjoining local activities or public transport services. AS19.2 Landscaping surrounding the pedestrian walkways and shelters is no higher than 600mm and incorporates trees with branching not lower than 2m (clear stem trees). AS19.3 Solid walls and fences are avoided adjacent to pedestrian walkways to improve actual and perceived safety. AS19.4 Security is to be enhanced by passive surveillance over the car parking area from nearby residences or other activities, where practicable.

Acceptable Solution

Plans show dedicated pedestrian access from Somerset Drive, at both the northern and southern ends of the site, including compliant access for persons with a disability. Internal footpaths provide access directly to main building entrances. Plans also show a proposed new footpath along the site frontage to Somerset Drive. Plans show this proposed path extending to the Hinterland Regional Park located to the site’s south.


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However, the City’s Senior Specialist Transport Planner has advised that a 1.5 m wide path is only required along the site frontage from the proposed development’s entry driveway, north, to connect to the existing path located on Franklin Drive. This is based on the expected pedestrian demand. Upon further discussion, the Senior Specialist Transport Planner has endorsed Transport Assessment applying a condition requiring the applicant to construct a footpath along the full frontage of proposed Lot 1 (northern lot). As Somerset Drive is a trunk road, the construction of this footpath will be considered creditable works. The Senior Specialist Transport Planner indicated that the extension of the footpath beyond the entry driveway to the southern boundary (of proposed Lot 1) would not represent a substantially different financial outcome in terms of trunk offsets. Any further extension of the footpath (in future) would be at Council’s discretion (and cost).

Bicycle Parking Provision

Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution AS15.1 Where non-residential development requires the provision of more than 20 car parking spaces, bicycle parking is provided in accordance with the Austroads Guide to Traffic Engineering Practice: Part 14: Table 10.1. AS15.2 Where bicycle parking is to be provided, additional facilities for bicycle users are designed and constructed in accordance with AS2890.3 – Parking Facilities Part 3: Bicycle Parking Facilities.

AS15.1 Where non-residential development requires the provision of more than 20 car parking spaces, bicycle parking is provided in accordance with the Austroads Guide to Traffic Engineering Practice: Part 14: Table 10.1. AS15.2 Where bicycle parking is to be provided, additional facilities for bicycle users are designed and constructed in accordance with AS2890.3 – Parking Facilities Part 3: Bicycle Parking Facilities.

Acceptable Solution

Under the original application, only small amount of Take-Away Food Premises was proposed (100 m2), with no Shop uses. Therefore, no requirement was triggered for bicycle parking provision on-site. The development now proposes a significant amount of Take-Away Food Premises (400 m2) and Shop (225 m2), which trigger a requirement for bicycle parking, at the following rates:

Take-Away:1 space per 100 m2 GFA (staff) / 1 space per 50 m2 GFA (visitors)

Shop:1 space per 300 m2 GFA (staff) / 1 space per 500 m2 (over 1,000 m2) GFA (visitors)

To comply with AS15.1, the development requires the provision of 5 bike spaces for staff (to Austroads Class 2 standards i.e bike racks in a lockable area) and 8 spaces for visitors (to Austroads Class 3 standards i.e. bike racks). Plans do not show provision for bicycle parking on-site. An amended plan condition will be applied to achieve compliance with


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AS15.1.

Other Matters

Car Parking Provision

To comply with AS16.1, the development would require the provision of 53 car parking spaces on-site. Plans show 53 car parking spaces (not including bowser bays). Compliance with AS16.1 is achieved.

Servicing

To comply with AS14.1, the development requires access by an AV (Service Station) and an SRV (Take-Away Food Premises and Shop < 400 m2 GFA). Swept paths demonstrate successful access to and from the site by a 19 m Articulated Vehicle (fuel tanker), with entry/exit to/from Somerset Drive in a forward gear. Plans also show a designated service bay, suitable to accommodate a 10.2 m front-loading waste truck. This loading bay is therefore also suitable to accommodate an SRV (6.4 m), and is located centrally to service the proposed food and retail tenancies. Swept paths show compliant access by an SRV to the designated loading bay, with entry and exit to/from Somerset Drive in a forward gear. Compliance with AS14.1 is achieved.

Development Infrastructure - Type

The proposed development includes a 1.5 m wide footpath along the frontage of proposed Lot 1 to Somerset Drive, which is considered necessary trunk infrastructure because it is:

Infrastructure identified in the Local Government Infrastructure Plan.

The proposed development includes channelised left and right turn treatments on Somerset Drive, which is considered non-trunk infrastructure because it is:

Connecting the site the subject of the application to an external network.

Protecting or maintaining the safety or efficiency of the infrastructure network of which the non-trunk infrastructure is a component.

Development Infrastructure – Financial Implications

Council’s Transport network owner has confirmed it is desirable for the infrastructure to be provided and there is funding available to cover the establishment cost should any offset or refund be applicable.

8.1.3 Subdivision Engineering

Subdivision Engineering officers do not object to the proposed development. Conditions have been recommended in relation to telecommunications and electricity supply.

8.1.4 Open Space Assessment

Open Space Assessment officers do not object to the proposed development. Conditions have been recommended for a financial contribution towards construction of a footpath and bridge linking the site to the Hinterland Regional Park.

8.1.5 The City Architect expressed concerns with the proposed architectural outcome, advising the built form required the following amendments to


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Architect ensure the development would complement the area.

Ensure there is appropriate articulation to all elevations in the form of windows, screening elements, colours and finishes. Ensure there are no large expanses of blank featureless walls.

Ensure there is an appropriate colour palette for the buildings that is in keeping with the character of the area.

Ensure there are sufficient covered awnings to pedestrian pathways and entrances of shops for good wayfinding.

The built form requires minor alternation and character element embellishment to ensure an appropriate outcome is achieved.

8.1.6 Gold Coast Water

The proposal shall have no capacity issues as the proposed development will have less than the expected demand.

The applicant will need to construct private pump stations and rising main for the proposed Lot 1, lot layout as shown on Proposed Reconfiguration Plan drawing no. 13778.ROL.01/G dated 21/09/15 by Vision Reality, a Council owned discharged manhole, discharging to and southeast of the existing sewer manhole (MH 1/3 in Franklin Drive), is to be located within the road reserve and at no cost to Council—should the development be approved.

Development Infrastructure – Type

The proposed development includes the construction of sewerage infrastructure (private pump station and rising main), which is considered non-trunk infrastructure as it is:

Connecting the site the subject of the application to an external network.

8.1.7 City Assets

City Assets officers do not object to the proposed development. Conditions have been recommended in relation to vehicular crossings, curb and channel and footpaths.

8.1.8 Plumbing and Drainage

Plumbing and Drainage officers do not object to the proposed development. Conditions have been recommended in relation to compliance permits for sewerage work, water supply work and fire services work.

8.1.9 Environmental Assessment

Environmental Assessment officers do not object to the proposed development noting that the developable area no longer impacts Mudgeeraba Creek and the environmental values on the southern end of the site. Environmental Assessment have no conditions or requirements.

8.1.10 Hydraulics and Water Quality

Flood impact

The hydraulic impact assessment report, being “Somerset Drive, Mudgeeraba Flood Study” dated 17 November 2015 prepared by Cardno (QLD) Pty Ltd submitted in response to clarification request, shows that the proposed development will cause an increase of flood level by approximately 70mm within the private property (55 Franklin Drive). The applicant claimed that 70mm increase of flood level within the neighbouring private property (plant nursery) is not actionable because of


210 Adopted Report


the site being used as a plant nursery and inundated by approximately 1.5 metres during 100 year ARI flood events. To our assessment, the proposal does not satisfy the “no worsening” criteria. It is anticipated that the cumulative impact of such developments in the entire catchment will be substantial. The applicant clarified that they are unable to submit any consent letter from the affected property owner. In this context, Hydraulic Assessment were unable to support the application in its current form.

At a later stage, the applicant redesigned the development to mitigate the hydraulic impact. The applicant submitted a letter from Cardno (QLD) Pty Ltd along with some impact maps. The submitted letter and maps show no impact to the said private property (55 Franklin Drive). However, a significant increase of flood level in Council’s road and parks (approximately 100mm on Somerset Road and 50mm in Firth Park) has been predicted. Therefore, the applicant was requested to submit consent letters from Council’s relevant sections accepting the above impacts. The relevant sections of Council have not provided consent to the inundation of Council’s assets.

Hydraulic Assessment are not supportive of this application in its current form.

Site evacuation

The applicant has identified the hazard level of evacuation route as high, whereas the acceptable level is medium. However, considering shorter evacuation distance and isolation time, our recommendation is to include a condition for preparing a Flood Emergency Management Plan (FEMP) prior to the commencement of the use of the premises.

Assessing Officer comment

Hydraulic Assessment have advised they do not support the development on the basis that the proposal results in significant hydraulic impacts external to the site. It is noted that the risk during evacuation events can be managed through an appropriate management plan.

8.1.11 Landscape Assessment

Landscape Assessment officers do not object to the proposed development. Conditions have been recommended in relation to landscape work.

8.1.12 Geotechnical Engineering

Geotechnical Engineering officers do not object to the proposed development as it does not involve extensive earthworks and fill due to the pier and suspended platform design. Geotechnical Engineering have no conditions or requirements.

8.1.13 Social Planning

Social Planning officers do not object to the proposed development. Conditions have been recommended in relation to Crime Prevention Through Environmental Design principles and security management.

8.2 External Referrals Concurrence agencies


211 Adopted Report


The application was referred to the Department of Infrastructure Local Government and Planning for development impacting on State transport infrastructure. A response dated 19 September 2016, advised the State supports the proposal provided the development is undertaken in accordance with the plan titled ‘Proposed Site Setout’, prepared by Vision 2 Realty, reference 13778.SK.22, revision C, dated 21 September 2015.

8.3 Public Notification The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.

In response to notification, 524 submissions were received comprising the following:

41 properly made objections (including 1 petition with 505 signatures)

9 not properly made objections

474 not properly made submissions in support (including 473 pro-forma letters)

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

Point of objection Officer’s comment Flood impacts The Applicant’s flood modelling has identified that the

development will result in significant adverse flood impacts on Somerset Drive and Firth Park. Council’s respective asset owners have advised that they do not accept the additional flooding over their assets due to the resulting increase in flood duration and flood frequency. Officers do not support the proposal on the basis that it will have an adverse impact on the hydraulic condition of the surrounding area.

Character and amenity The development is not expected to adversely impact on the open space character of the area as the majority of the site will remain unimproved. The developable area is ideally located adjacent to the higher order road. The development has been designed to be consistent with the architectural character of the area.

Noise Environmental Health officers have reviewed the expected noise impacts on the surrounding residential development and have advised that noise will not have a detrimental effect on the surrounding properties due to the separation distance of the development.

Traffic generation Transport Assessment officers have reviewed the expected traffic impacts and have advised that the development is not expected to result in significant additional traffic on the road network (refer to section 8.1.2 for further detail).

Negatively impact on property values in the immediate vicinity

The impact on property values is not an assessable criterion with respect to the Planning Scheme.

No local need for additional service station, take-away food

The development is expected to complement the function of the nearby Mudgeeraba Village commercial centre, by providing small scale convenience facilities for


212 Adopted Report


premises and shops the community.

The proposed land uses are inconsistent with the Planning Scheme

Officers have established that the proposed land uses are not inconsistent with urban development, as intended by the LAP. The scale and nature of the development is expected to complement the established commercial area to the north east.

9 CONCLUSION The Applicant’s flood model has shown the development will result in significant flood impacts external to the site (i.e. Somerset Drive and Firth Park). The relevant asset owners have refused to accept the additional flood inundation of their respective assets on the basis that it will prolong inundation times, increase flood frequency and increase the risk of damage to property.

The detailed assessment contained herein has identified the development is in conflict with Gold Coast Planning Scheme 2003 v1.2. The ‘grounds’ provided by the Applicant are considered to be insufficient to recommend approval of the development despite the conflict. Officers recommend the development proposal be refused.

10 NOTIFICATIONS Not applicable.

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

Real property description Lot 42 on SP184241

Address of property Somerset Drive Mudgeeraba

Area of property 78,304m2

Decision type Development Permit for Material Change of Use for Service Station, Take-Away Food Premises and Shop Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision

NATURE OF DECISION

A Council refuses the application for a Development Permit for Material Change of Use for Service Station, Take-Away Food Premises, Shop and Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision for the following reasons:

The proposed development conflicts with Park 2, Division 1, Chapter 4 Desired 1Environmental Outcome (Community Wellbeing) Soc.7 and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with the Purpose statement of the Guragunbah 2Local Area Plan and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with the place code specific Desired 3Environmental Outcome 3.2 “functioning of the flood plain” and it has not been


213 Adopted Report


demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with Performance Criteria 19 – Flood Impacts of 4the Guragunbah Local Area Plan and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with the Purpose statement of the Flood Affected 5Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with Performance Criteria 5 – Flood Risk of the 6Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with Performance Criteria 6 – Flood Storage and 7Conveyance of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

The proposed development conflicts with Performance Criteria 11 – Filling, Excavation 8and Contouring of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.


B Rights of appeal

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

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

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.

C Properly made submissions

There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

Author: Authorised by:

Luis Moriones Dyan Currie

Planner Director Planning and Environment


214 Adopted Report


Committee Recommendation Adopted At Council 29 November 2016 COMMITTEE RECOMMENDATION CP16.1123.004 moved Cr Owen-Jones seconded Cr Vorster Real property description Lot 42 on SP184241 Address of property Somerset Drive Mudgeeraba Area of property 78,304m2 Decision type Development Permit for Material Change of

Use for Service Station, Take-Away Food Premises and Shop Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision

NATURE OF DECISION

R Council refuses the application for a Development Permit for Material Change of Use for Service Station, Take-Away Food Premises, Shop and Development Permit for Reconfiguration of Lot for One into Two Lot Subdivision for the following reasons:

1 The proposed development conflicts with Park 2, Division 1, Chapter 4 Desired Environmental Outcome (Community Wellbeing) Soc.7 and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

2 The proposed development conflicts with the Purpose statement of the Guragunbah Local Area Plan and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

3 The proposed development conflicts with the place code specific Desired Environmental Outcome 3.2 “functioning of the flood plain” and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

4 The proposed development conflicts with Performance Criteria 19 – Flood Impacts of the Guragunbah Local Area Plan and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

5 The proposed development conflicts with the Purpose statement of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

6 The proposed development conflicts with Performance Criteria 5 – Flood Risk of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.

7 The proposed development conflicts with Performance Criteria 6 – Flood Storage and Conveyance of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the


215 Adopted Report


development despite the conflict, having regard to the nature and extent of the conflict.

8 The proposed development conflicts with Performance Criteria 11 – Filling, Excavation and Contouring of the Flood Affected Areas Constraint Code and it has not been demonstrated that there are sufficient grounds to warrant approval of the development despite the conflict, having regard to the nature and extent of the conflict.


S 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.

T 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.

CARRIED

COUNCIL MEETING 29 NOVEMBER 2016 RESOLUTION G16.1129.010 moved Cr Owen-Jones seconded Cr Caldwell

That Committee Recommendation CP16.1123.007 be adopted as printed in the City Planning Committee Report.

CARRIED UNANIMOUSLY


216 Adopted Report

GCCC Maps

0 142 284 m

ProjectionMGA94, Zone 56

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


217 Adopted Report

LegendGoldCoastBoundary

Councillor Division 2012

Road HierarchyNot Categorized

Arterial Road (GCCC)

Distributor Road (GCCC)

District Road

New Arterial Road

Regional Road

State Strategic

Sub-Arterial Road (GCCC)


218 Adopted Report

GCCC Maps

0 142 284 m

ProjectionMGA94, Zone 56

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


219 Adopted Report

LegendGoldCoastBoundary

Councillor Division 2012

LAP Boundary

LAP PrecinctsActive Recreation

Agriculture/Conservation

Areas Fringing Tidal and Intertidal Areas (100 Metres Wide)

Beach Front Park

Beenleigh Central

Budds Beach

Burleigh Heads Commercial Core

Burleigh Market Town

Cane Core Sub Precinct

Cane Core Sub Precinct Area

Caseys and Oxenford Southport Roads

Central

Central Conservation

Central Mixed Use Balance Area

Central Mixed Use Hatched Area

Central Oxenford

City Heart

Commercial and Administration

Commercial and Economic Development

Commercial and Residential

Commercial and Buffer Commercial

Commercial and Core Area

Commercial and Peripheral Area

Commercial and Waterfront Commercial

Commercial Industry

Community

Community Facilities

Community Purpose

Community Purposes

Community Purposes Sub Precinct

Community Services

Conservation

Conservation and Landscape Protection

Conservation Areas

Convenience Centre Sub Precinct

Coolangatta Centre - Centre Core

Coolangatta Centre - Transition Area

Coomera Activity Centre

Coomera Residential

Coomera Sports Park

Core Business

Couran Tourist Area

Cypress Terrace

Designated Development

Detached Dwelling

Dreamworld

Ecological / Nature Conservation

Education

Entertainment

Environmental / Open Space Corridor

Environmental Public Open Space

Equestrian Services

Extractive Industries

Extractive Industry

Extractive Industry Sub Precinct

Foreshore

Frame Area

Frame Residential

Fringe Business

Future Industry

GCCC Offices

General Impact Business and Industry

Gold Coast Turf Club

Government

Government Precinct

High Density Residential

High Terrestrial Conservation Significance Area

Highrise Accommodation

Highway Business

Highway Tourism

Hillside Residential

Hope Harbour

Hope Island Central

Industrial

Industrial - Residential Transition Area

Industry Sub Precinct

Inner City North

Inner City South

Inner Residential

Jefferson Lane

Jumpinpin

Jupiters Casino

Kirra

Kirra South

Large Lot Residential

Light Industry

Local Business

Local Centre

Local Commercial/Community Facilities

Local Services Area

Low Density Residential Sub Precinct

Low Impact Business and Industry

Low Impact Industry

Low Key Home Business

Low Scale Office

Low/Medium Density Residential

Major Resorts

Marine Industry

Medical

Medium Density Residential

Medium Density Residential Sub Precinct

Mixed Residential

Mixed Residential/Tourism Uses

Moderate Terrestrial Conservation Significance Area

Multi Unit Development

Napper Road

North Currigee

North West Conservation

Northern Conservation and Access

Open Space

Open Space Corridor

Open Space/Recreation Community

Oxenford Gateway

Pacific Business Corridor

Pacific Fair

Palm Beach Avenue

Paradise Island

Park Living

Parkland Residential

Parklands and Recreation

Passive Recreation

Peninsula

Philip Park and Environs

Point Danger, Rainbow Bay, Greenmount Hill

Preferred Development Area

Private Open Space

Public Open Space

Public Open Space Sub Precinct

Rail Orientated Town Centre

Railway

Recreational Open Space / Urban Parkland Linkage

Rehabilitation Area - Terrestrial

Rehabilitation Areas - Wetland

Residential

Residential Choice

Residential Environs

Residential Purposes

Residential Town Centre

Retail

Ridge Residential

River Gateway

Riverfront

Riverside Residential Communities

Rural Living/Open Space

Rural Residential

Rural Sub Precinct

Rural and Nature Conservation

Santa Barbara and Boykambil Villages

Schools

Sea World

Sea World Drive Central

Seaway

Short Street

Showroom

Showroom and Bulky Goods

Small Office Area

South Crescent Avenue

South Currigee Conservation

South-West Tourist

Southpoint

Southport Boat Harbour

Sugar Cane Area

Sundale

Tallebudgera Creek and Environs

The Seaway Park

Tidal and Intertidal Area

Tipplers Passage

Tourism - Built Development

Tourism - Open Uses

Tourism and Entertainment

Tourist & Retail (Oxnfd-Sthpt Rd and Bdwtr Tce)

Tourist/Residential

Town Centre (North-West)

Town Centre (South-East)

Town Centre Mixed Residential

Town Centre Sub Precinct

Township

Trades

Traditional Residential

Traditional Village

Urban Residential

Village Area

Waterfront Residential

Western Gateway

Road HierarchyNot Categorized

Arterial Road (GCCC)

Distributor Road (GCCC)

District Road

New Arterial Road

Regional Road

State Strategic

Sub-Arterial Road (GCCC)


220 Adopted Report


221 Adopted Report


222 Adopted Report

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Somerset Drive,Mudgeeraba

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Date: 6 May 2016Revision Number:

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223 Adopted Report

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