of the city planning committee meeting...adopted by council 24 may 2016 resolution g16.0524.021...

716 Adopted Report

of the

City Planning Committee Meeting held

Friday 20 May 2016

at

9am

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

Index Adopted Report of 716

City Planning Committee Meeting Friday 20 May 2016 at 9am

Item Direct

Div: File Page Subject

City Development Branch 1

P&E 10

PN53884/12/DA3 5 Development Permit (Code Assessment) For Reconfiguring Of A Lot For 1 Into 2 Lot Subdivision And Development Permit For Material Change Of Use For 2 Detached Dwellings - Lot 1 On RP162128 - 37 Inveray Avenue, Benowa – Division 10

2#

P&E 12

PN286579/01/DA1 77 Development Permit For A Material Change Of Use (Impact Assessment) For Shop (Gun Shop 41m²) – Lot 0 On SP190455 & Lot 16 On SP190455 - Unit 15, 99 West Burleigh Road, Burleigh Waters - Division 12

3

P&E 12

PN307477/01/DA1 111 Development Permit For Material Change Of Use (Impact Assessment) For Medical Centre & Shop (Pharmacy) - Lot 200 On SP215703 - 2125 Gold Coast Highway, Miami - Division 12

4#

P&E 2

PN153682/01/DA3 230 Combined Development Permit For Material Change Of Use (Impact Assessment) For A Service Station And Development Permit For Operational Works (Advertising Device) - Lot 11 On RP214070, 104 Helensvale Road, Helensvale - Division 2

5#

P&E 2

PN147670/01/DA1 330 Development Permit For Material Change Of Use (Impact Assessment) For A Motel And A Caretaker’s Residence - Lot 3 On RP194670 - 28 Michigan Drive, Oxenford - Division 2

716th Council Meeting 24 May 2016 City Planning Committee Meeting 20 May 2016

2 Adopted Report

Item Direct Div: File Page Subject

City Development Branch 6#

P&E 3

PN320466/12/DA2 407 Combined Development Permit (Impact Assessment) For Material Change Of Use For Apartments (112 Units), Attached Dwellings And Medium Density Detached Dwellings (75 Dwellings) And Detached Dwellings (16 Dwellings) In Accordance With A Plan Of Development And Reconfiguring A Lot To Create 50 Lot Subdivision (47 Freehold And 3 Management Lots, Road And Public Open Space) – Lot 118 On SP232529, Lot 119 On RP901302 & Lot 120 On RP901301 – 23 To 31 Sickle Avenue, Hope Island – Division 3

7

P&E 3

PN134662/01/DA3 655 Development Permit For A Material Change Of Use (Impact Assessment) For A Resort Hotel (197 Rooms) - Lot 23 On RP166189 - 486 Foxwell Road, Coomera – Division 3

8#

P&E 7

PN335481/01/DA5 810

Material Change Of Use (Code Assessment) For A 32 Storey Mixed Use Development - Lot 99 On SP257718 - 122 Ferny Avenue Surfers, Paradise – Division 7

City Planning Branch

9 P&E

PD113/1275/10(P1) 945 Draft North Coast Regional Plan – Council Submission

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


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ADOPTED BY COUNCIL 24 MAY 2016 RESOLUTION G16.0524.021 moved Cr C Caldwell seconded Cr G O’Neill That the Report of the City Planning Committee’s Recommendations of Friday, 20 May 2016, numbered CP16.0520.001 to CP16.0520.009, be adopted with the exception of:- Recommendation Numbers CP16.0520.002

CP16.0520.004 and CP16.0520.005 which were specifically resolved.

CARRIED

ATTENDANCE Cr C M Caldwell Chairperson Cr D Gates (arrived at meeting at 10.59am) Cr W M A Owen-Jones Cr P J Young Cr G Baildon AM (left meeting at 9.34am and returned at 9.50am) Cr P A Taylor Cr H Vorster (left meeting at 10.35am and returned at 10.51am) Cr G O'Neill Cr P C Young (visitor) Mrs D Currie Director Planning & Environment Ms A Swain Manager City Development Ms K Mahoney Manager City Planning Mrs Z Meha Manager Business Support Meeting adjourned at 10.35am and reconvened at 10.43am APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Nil


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ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3

Refer 11 page attachment

1 OVERVIEW Site address 37 Inveray Avenue, Benowa

Application description

Development Permit for Reconfiguring of a Lot for 1 into 2 Lot Subdivision and Development Permit for Material Change of Use for 2 Detached Dwellings

Decision due date 24 May 2016

Proposal

The proposed Reconfiguring of a Lot seeks to subdivide the existing lot to create one lot, retaining the existing dwelling at 625m² in area and creating a second, vacant lot at 600m² in area.

Two (2) proposed Detached Dwellings are located within proposed lot 2, which is on the corner of Ashmore Road and Inveray Avenue. Both proposed Detached Dwellings are two storeys in height with bedrooms on the upper level and living rooms on the ground floor. Private open space for both dwellings is accessed via living and dining rooms, which are facing adjacent Ashmore Road. Vehicular access for both proposed dwellings is via Inveray Avenue, with built to boundary double carports for off street vehicular parking provided for each dwelling.

Main Issues/Resolution

Issue Resolution Residential Density While the application proposes

two dwellings on one allotment as an alternative solution, the density of the proposed development achieves an overall density of 1 dwelling per 408m² which is compliant with the requirements of the 2003 Planning Scheme

Submissions

Objections Support Two submissions were received by Council for the assessing officer’s consideration during the course of the assessment of this application. As the application was subject to Code Assessment, the submitters do not hold any third party appeal rights to the subject application following Council’s decision. Nevertheless, the submitters raised several concerns which have been considered and addressed as detailed herein.

Not Applicable


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3

Key issues raised by submitters

The key issues raised by both submissions are in relation to proposed density, building setbacks, and the resulting impact on neighbourhood character and amenity. Key issues raised also include the provision of infrastructure for the proposed Detached Dwellings and the reduced availability of on street parking.

Referral agencies Not applicable Officer's recommendation Approval

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

6.1 Characteristics of site and surrounding environment 7 PLANNING ASSESSMENT

7.1 Assessment against City Plan 7.2 Assessment against Gold Coast Planning Scheme 2003

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

11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 Gold Coast Water 11.5 City Infrastructure 11.6 Plumbing and Drainage 11.7 Hydraulics and Water Quality 11.8 Landscape Assessment

12 EXTERNAL REFERRALS 12.1 Concurrence agencies 12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 2 EXECUTIVE SUMMARY Council has received a development application for a Development Permit for Reconfiguring of a Lot for 1 into 2 Lot Subdivision and Development Permit for Material Change of Use for 2 Detached Dwellings at 37 Inveray Avenue, Benowa, properly described as Lot 1 on RP162128.

The subject site is located within the Detached Dwelling Domain of the Gold Coast Planning Scheme 2003. Pursuant to Table of Development A: Material Change of Use and G: Reconfiguring a Lot of the Detached Dwelling Domain Place Code, the proposed development is subject to Code Assessment.

The proposed Reconfiguring a Lot seeks to subdivide the existing lot to create one lot, retaining the existing dwelling at 625m² in area and creating a second, vacant lot at 600m² in area.

The two (2) proposed Detached Dwellings are located within proposed lot 2, which is on the corner of Ashmore Road and Inveray Avenue. Both proposed Detached Dwellings are two storeys in height with bedrooms on the upper level and living rooms on the ground floor. Private open space for both dwellings is accessed via living and dining rooms, which are facing adjacent Ashmore Road. Vehicular access for both proposed dwellings is via Inveray Avenue, with built to boundary double carports for off street vehicular parking provided for each dwelling. Alternative solutions are proposed regarding building setbacks and density for both proposed Detached Dwellings.

Council Officers have completed their assessment of the subject application against the provisions within the Gold Coast Planning Scheme 2003, and have determined that the proposal has sufficient planning grounds to warrant support. As such, it is recommended that the application be approved subject to reasonable and relevant conditions as detailed herein.

3 APPLICATION INFORMATION Real property description Lot 1 on RP162128 Applicant Benowa Projects Pty Ltd C/- APP Corporation Pty Ltd Owner at time of lodgement Benowa Projects Pty Ltd Current owner Benowa Projects Pty Ltd Site area 1,226m² Date application received 20 January 2016 Date entered decision 22 February 2016 Domain Detached Dwelling Domain LAP & precinct Not applicable Draft City Plan 2015 Low density residential zone State planning policies Not applicable Decision type Development Permit

5 PROPOSAL The proposed Reconfiguring a Lot seeks to subdivide the existing lot to create one lot retaining the existing dwelling at 625m² in area and creating a second, vacant lot at 600m² in area. Each lot will have dual frontage to Inveray Avenue and Ashmore Road. Proposed Lot 1


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 will have a road frontage of 18m to Inveray Avenue and 20m to Ashmore Road. Proposed Lot 2 is a corner allotment with a road frontage of 39m to Inveray Avenue and 49m to Ashmore Road.

Figure 1 Proposed 1 into 2 Lot Subdivision

The two (2) proposed Detached Dwellings are located within proposed lot 2, which is on the corner of Ashmore Road and Inveray Avenue. Both proposed Detached Dwellings are two storeys in height with bedrooms on the upper level and living rooms on the ground floor. Private open space for both dwellings is accessed via living and dining rooms, which are facing adjacent Ashmore Road and total 76m² and 167m² for each dwelling respectively.

Vehicular access for both proposed dwellings is via Inveray Avenue, with built to boundary double carports for off street vehicular parking provided for each dwelling. Alternative solutions are proposed regarding building setbacks and density for both proposed Detached Dwellings.


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Figure 2 Proposed two (2) Detached Dwellings on proposed Lot 2 The Gross Floor Area for each of the two storey dwellings is 301m² for Dwelling 1 and 208m² for Dwelling 2. The total site coverage of the two Detached Dwellings over proposed Lot 2 equates to 49.2%.The Gross Floor Area of the existing two storey Dwelling on proposed Lot 1 is 486m². The total site coverage of the existing dwelling is 38.8%. Alternative solutions are proposed regarding building setbacks and density for both proposed Detached Dwellings.


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Figure 3 Elevations of proposed Detached Dwellings from Ashmore Road and Inveray Avenue

Figure 4 Perspective of proposed development from the corner of Ashmore Road and Inveray Avenue


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Figure 5 Perspective of proposed development from Ashmore Road

Figure 6 Perspective of proposed development from Inveray Avenue 6 SITE & ENVIRONMENT 6.1 Characteristics of site and surrounding environment

The subject site, 37 Inveray Avenue, Benowa, properly described as Lot 1 on RP162128 is 1,226m² in area and triangular in configuration. The site slopes gently down to the eastern property boundary. The site is clear of existing vegetation, with manicured lawns and improved by an existing residential dwelling located along the eastern boundary.


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Figure 7 Aerial of 37 Inveray Avenue, Benowa The surrounding environment is characterised by low density residential development to the south, east and west. Directly north, across Ashmore Road is Benowa Shopping Village.

Figure 8 Street Frontage along Inveray Avenue The character of Inveray Avenue is comprised of low density residential development of predominantly two storey dwellings adjacent Ashmore Road transitioning into single storey dwellings further away from Ashmore Road. In recent years, the area has seen extensions and new development which has included built to boundary carports within the immediate locality. In particular built to boundary carports are found at 24, 28, 31, and 35 Inveray Avenue.


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There are also a number of existing commercial developments along the southern side and facing Ashmore Road including a combined subdivision and medical centre at the adjacent allotment to the east, being 35 Inveray Avenue, Benowa which was approved on 2 December 2014.

Figure 9 Street Frontage of subject site along Ashmore Road

7 PLANNING ASSESSMENT Section 313 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing a code assessable application. In brief, the assessment manager must assess the 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 Refer below

any applicable codes that are identified as a code for IDAS

N/A

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

N/A

any applicable codes in the following instruments:

a structure plan N/A

a master plan 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


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 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 Common material regarded throughout 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 N/A

the purposes of any instrument containing an applicable code

Refer below

7.1 Assessment against 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.

7.2 Assessment against Gold Coast Planning Scheme 2003 Place code Constraint code Specific development code

Detached Dwelling Domain

Car Parking, Access and Transport Integration

Attached Dwellings and Medium Density Detached Dwellings Reconfiguring a Lot

Relationship to the Domain or LAP The subject site is located in the Detached Dwelling Domain.

Pursuant to the Planning Scheme, the proposed land use is defined as Detached Dwelling:

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

which triggers Self Assessment pursuant to Table of Development A (Material Change of Use). However, due to non-compliance with the self assessable acceptable solutions, the application is triggered to Code Assessment.

The proposed Reconfiguration of a Lot triggers Code Assessment pursuant to Table of Development G (Reconfiguring a Lot).

The intent statement for the Detached Dwelling Domain reads:

“The purpose of this domain is to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and


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enhance the suburban character and residential amenity of these low density residential neighbourhoods.

This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include:

providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment;

providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes;

providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and

facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.”

Officer’s comments: The proposed Material Change of Use for two (2) Detached Dwellings and Reconfiguring a Lot for 1 into 2 Lot Subdivision is considered to fully comply with the intent of the Detached Dwelling Domain by providing a housing choice that relates well to the surrounding residential environment whilst supporting a residential density that provides some variety in dwelling size and style, within the context of a relatively homogeneous residential environment along Inveray Avenue.

Importantly, the proposal will maintain its residential character in terms of building bulk, scale, appearance and setbacks to adjoining properties. Given the subject sites wide 60 metre street frontage to Inveray Avenue and 72 metres to Ashmore Road, landscape planting both within and outside of the proposed fence would provide an appropriate buffer. The statement of landscape intent, submitted with the application, includes a landscape buffer along both Inveray Avenue and Ashmore Road which provides privacy for future residents as well as promoting a green and attractive residential environment.

Moreover, the proposed vehicular entry points will maintain a safe distance to adjoining driveways and from the left hand turning lanes from Ashmore Road. In terms of the specific building setbacks, the proposal is not envisaged to generate any negative amenity impacts to the residential character of the area and can maintain an efficient land use pattern with the surrounding residential developments. As discussed, the proposal exhibits satisfactory planning grounds to comply with the intent of the Detached Dwelling Domain.

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


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Performance criteria Acceptable solution PC2 All buildings and covered car parking spaces must provide for setbacks from the street frontage and the side and rear boundaries, which are appropriate to the efficient use of the site and the streetscape character of this domain.

AS2.1 The building and covered car parking space is set back not less than six metres from the frontage of the site. AS2.2 The building (excluding covered car parking space associated with a Detached Dwelling) is set back from the side and rear boundaries at not less than: a) 1.5 metres, measured from the outermost projection of that part of the building which is 4.5 metres or less above ground level; b) 2 metres, measured from the outermost projection of that part of the building which is greater than 4.5 metres but not greater than 7.5 metres above ground level; c) 2 metres, plus 0.5 metres for every 3 metres or part thereof, measured from the outer most projection of that part of the building which is greater than 7.5 metres above ground level.

Officer’s comments: Acceptable Solution 2.1 of the Detached Dwelling Domain Place Code specifies that all buildings are to be setback not less than six (6) metres from the frontage of the site and 1.5 metres from the side and rear boundaries up to 4.5 metres and 2 metres for all areas between 4.5 and 7.5 metres and 2.5 metres for all areas between 7.5 and 10.5 metres.

The proposed development incorporates building setbacks measuring 3 metres from both the Ashmore Road and Inveray Avenue frontages with individual double carports also built to the front property boundary along Inveray Avenue. The eastern side boundary on proposed residence 1 is also setback within the side boundary clearance area on the upper floor only with an encroachment of 20 centimetres.

It is noted that the existing dwelling house which is now proposed on Lot 1 also has minor side setbacks encroachment of 0.5 metres on the ground floor and 1 metres encroachment on the upper floor to its new western boundary line.

Whilst it is acknowledged that the proposal doesn’t strictly comply with the frontage building setbacks of the acceptable solution, the site has 2 street frontages and it is important to highlight that the majority of the northern street frontage for proposed lot 2 is located on a slip lane and side access street off Ashmore Road, which connects to Glyn Street. It is considered that as the proposed Detached Dwellings are located on a triangular corner allotment, that a reduced street frontage setback is warranted in this instance.

In terms of the built to boundary carports for both Detached Dwellings, it is considered, in keeping with the character of the locality, no building setback is not uncommon within the locality (see section 6.1 of this report).


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Overall, it is considered that compliance with Performance Criteria 2 of the Detached Dwelling Domain is achieved.

Performance criteria Acceptable solution

PC3 Accommodation density must be low to maintain a suburban residential environment comprising predominantly detached dwellings.

AS3 The dwelling density is one dwelling per lot.

PC6 Accommodation density must be low to maintain a suburban residential environment comprising predominantly detached dwellings.

AS6.1.1 The maximum dwelling density is one dwelling per 400m2 of the net site area

Officer’s comments: Acceptable Solution 3 of the Detached Dwelling Domain Place Code specifies that the dwelling density is one dwelling per lot. The proposed development for two (2) Detached Dwellings is within one allotment (proposed lot 2 of the Reconfiguring a Lot).

Acceptable Solution 6.1.1 of the Detached Dwelling Domain Place Code specifies that the maximum dwelling density is one dwelling per 400m². The proposed development for two (2) Detached Dwellings is within one allotment, whereby resulting in 1 dwelling per 300m². As such assessment of the proposed density against Performance Criteria 3 & 6 of the Detached Dwelling Domain Place Code is required. PC 3 & 6 both read identically and seek a low density environment to maintain a suburban residential environment comprising of predominantly detached dwellings.

The proposed Detached Dwellings are consistent with the envisaged use and character of the locality. The proposed density is 1 dwelling per 300m². However, taking into consideration proposed Lot 1 and the existing dwelling, a density of 1 dwelling per 400m² is achieved. In light of the discussion above, it is considered that compliance with PC 3 & 6 of the Detached Dwelling Domain Place Code is achieved.

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

Attached Dwellings and Medium Density Detached Dwellings Reconfiguring a Lot

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


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Attached Dwellings and Medium Density Detached Dwellings Performance criteria Acceptable solution

PC1 All buildings must provide for setbacks from the street frontage which are appropriate to the efficient use of the site and the streetscape character.

AS1 The building is set back the minimum distance required by the relevant domain or LAP precinct.

Officer’s comments: Acceptable Solution 1 of the Attached Dwellings and Medium Density Detached Dwellings Specific Development Code requires setbacks which are the minimum distance as required within the relevant domain, being the Detached Dwelling Domain. As such, assessment against Performance Criteria (PC) 1 of the Medium Density Detached Dwellings Specific Development Code is required.

As discussed in the assessment of PC2 of the Detached Dwelling Domain above, the encroachments are consistent with the streetscape character along Inveray Avenue. In addition the encroachments are considered to be an efficient use of the site, whereby maintaining sufficient access around each dwelling, maintaining an appropriate amount of private open space, and off-street car parking spaces. It is considered that compliance with PC 1 of the Attached Dwellings and Medium Density Detached Dwellings Specific Development Code is achieved.

Performance criteria Acceptable solution PC6 The covered car parking space must be located and designed to: a) aesthetically complement the main dwelling; b) ensure it does not dominate the street frontage; c) have minimal adverse effect on the amenity, likely amenity and character of the neighbourhood.

AS6.1.1 The covered car parking space is set back in accordance with the frontage setback requirements specified in the relevant domain or LAP.

Officer’s comments: Acceptable Solution 6.1.1 of the Attached Dwellings and Medium Density Detached Dwellings Specific Development Code specifies that the covered car parking space must be set back in accordance with the requirements of the relevant Domain, being the Detached Dwelling Domain.

As such, assessment against PC 6 of the Medium Density Detached Dwellings Specific Development Code is required. It is considered that the built to boundary double carports both complement their respective associated dwelling. The open nature of both carports ensures that they do not dominate street frontages and allow views of the front of the proposed Detached Dwellings. An emerging feature in many low density residential areas is built to boundary carports and gatehouses which are also a common feature along Inveray Avenue. The encroachments of both car ports exhibit a good level of design which integrate well with their respective dwelling and maintain the emerging character within Inveray Avenue. Therefore, compliance with PC 6 of the Attached Dwellings and Medium Density Detached Dwellings Specific Development Code is achieved.


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 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:


The proposed development is considered to comply with constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

8 STATE PLANNING POLICIES There are no state planning policies applicable for this application

9 STATE PLANNING REGULATORY PROVISIONS There are no state planning regulatory provisions applicable for this application

10 SOUTH EAST QUEENSLAND REGIONAL PLAN The subject site is identified within the Urban Footprint of the South East Queensland Regional Plan 2009-2031. As the Urban Footprint precinct suggests, this precinct encourages urban activities within this precinct to be established. The proposal is considered to comply with the provisions of the SEQ Regional Plan in this regard.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 25 January 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:

11.1 Health and Regulatory Services The application was forwarded to Health and Regulatory Services for comment. Council’s Health and Regulatory Services Department have assessed the application and provided the following comments;


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“The submitted plans demonstrate two wheelie bins located at each residence. No information has been submitted regarding waste servicing, however as the proposed development is for residential dwellings it is assumed waste servicing will be via kerb side collection.

An Acoustic Report prepared by Acoustic Works dated 15 January 2016 (Reference number: 2016002 R02 37 Inveray Ave Benowa RTN.doc) was submitted with the application. The report assesses the impact of the road traffic noise from Ashmore Road on the proposed development and provides recommended Rw ratings for glazing, wall construction and roof construction. The acoustic report also assesses the impact of the Shell Service Station on the proposed development and it was found that none of the activities from the service station was measured above traffic noise at the subject site.”

The Department provided conditions in support of the proposal and have been included within the Officer’s recommendation.

11.2 Transport Assessment The application was forwarded to Transport Assessment for comment. Council’s Transport Assessment Department have assessed the application and provided a condition in support of the proposal, requiring 2 off-street parking spaces provided for each Detached Dwelling. This condition has been included within the Officer’s recommendation.

11.3 Subdivision Engineering The application was forwarded to Subdivision Engineering for comment. Council’s Subdivision Engineering Department have assessed the application and provided conditions in support of the proposal, requiring electrical and telecommunication connections provided for both proposed lots prior to compliance assessment of subdivision plans.

11.4 Gold Coast Water The application was forwarded to Gold Coast Water for comment. Gold Coast Water has reviewed and assessed the application for connectivity to Council’s water supply and sewerage services. Gold Coast Water has determined that sewerage and water connection points are available to the development site and as such have provided conditions in support of an approval to reflect the above arrangement. These conditions are included within the Officer’s recommendation.

11.5 City Infrastructure The application was forwarded to City Infrastructure for further comment. Council’s City Infrastructure Department have completed their assessment and have provided conditions in support of the proposal. These conditions are included within the Officer’s recommendation.

11.6 Plumbing and Drainage The application was forwarded to Plumbing and Drainage for further comment. Council’s Plumbing and Drainage Department have completed their assessment and have provided conditions in support of the proposal, requiring compliance permits for assessable water and sewerage works. These conditions are included within the Officer’s recommendation.

11.7 Hydraulics and Water Quality The application was forwarded to Hydraulics and Water Quality for further comment. Council’s Hydraulics and Water Quality Department have completed their assessment and


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ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 have provided conditions in support of the proposal. These conditions are included within the Officer’s recommendation.

11.8 Landscape Assessment The application was forwarded to Landscape Assessment for further comment. Council’s Landscape Assessment Department have completed their assessment and have provided conditions in support of the proposal for landscaping works to be undertaken in accordance with the submitted Statement of Landscape Intent Plan. These conditions are included within the Officer’s recommendation.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies Not applicable.

12.2 Advice agencies Not applicable.

13 DEVELOPMENT INFRASTRUCTURE Infrastructure charges are levied as follows:

Material Change of Use for two (2) Detached Dwellings;

Reconfiguring of a Lot for 1 into 2 Lot Subdivision;

14 PUBLIC NOTIFICATION As the application was subject to Code Assessment, no public notification of the application is required in accordance with the Sustainable Planning Act 2009.

However, two (2) informal submissions were received by Council for the assessing officer’s consideration during the course of the assessment. As the application was subject to Code Assessment, the submitters do not hold any submitter appeal rights to the subject application. However, the submitters raised several concerns which have been considered and detailed below.


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Point of objection Officer’s comment Density is not in keeping with the character of the low density residential area

The submissions were both concerned with the density of the proposed development. While proposed Lot 1 retains the existing dwelling on a single 625m² allotment, proposed lot 2 seeks to establish two (2) Detached Dwellings on a single allotment. This results in a density of one (1) dwelling per 300m². However, in consideration of the three (3) dwellings over both proposed allotments, a density of 1 dwelling per 408m² complies with the acceptable solutions and outcomes for density within the 2003 Planning Scheme. Therefore, it is considered that the proposed density is in keeping with the low density residential area. This is discussed in further detail within section 7.2 of this report.

Building setbacks of the proposed Detached Dwellings are not appropriate for the low density character of the area and do not comply with the Planning Scheme

The two (2) Detached Dwellings propose an alternative solution in relation to building setbacks against the provisions of the Planning Scheme. Two main encroachments of the subject development exist. This is in the form of two built to boundary carports and setbacks of 3 metres from the wall of both Detached Dwellings Compliance with the 2003 Planning Scheme is achieved and discussed in further detail within section 7.2 of this report.

The proposed development will have a negative impact on neighbourhood character and amenity

The objections received raise as an issue the negative impact from the proposed development to the low density residential amenity specifically in relation to density and building setbacks. As discussed above, these points are addressed in further detailed within this report for compliance against the relevant provisions of the 2003 Planning Scheme; and as such, both alternative solutions in relation to density and building setbacks are considered acceptable. It is important to note that both the existing dwelling and proposed Detached Dwellings comply with both site coverage (50%) and building height (2 storeys) with the 2003 Planning Scheme. The proposed built to boundary carports are also a common feature within the immediate area along Inveray Avenue and as an emerging feature established in residential areas of the wider Gold Coast. Overall, the proposed development is not considered to have a negative impact of the neighbourhood character and amenity.


22 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 The proposed development will put additional strain on infrastructure including electricity, telecommunications, water and sewerage.

Council’s relevant internal referral officers have reviewed the application and have determined that suitable reticulated water, sewerage, electricity and telecommunication networks exist and are available to the site. Conditions requiring connections and certifications are within the recommended conditions of the Development Permits as detailed in the officer’s recommendation.

An increase in density and additional vehicular crossovers will reduce availability of on street parking

Appropriate off and on street parking is available for the existing dwelling and proposed Detached Dwellings. Two car parking spaces per dwelling are provided on site in compliance with the requirements of the 2003 Planning Scheme. Proposed vehicular crossovers for the Detached Dwellings provide appropriate separation distances to enable on street parking.

It is considered, that while several concerns have been raised within the two submissions to Council, all relevant concerns comply and/or can be conditioned to comply with the relevant provisions within the ‘Our Living City’ Planning Scheme 2003. Therefore, it is considered that the application suitably addresses these submissions.

16 CONCLUSION Council Officers have completed their assessment of the subject application against the provisions within the Gold Coast Planning Scheme 2003, and have determined that the proposal has sufficient planning grounds to warrant support. As such, it is recommended that the application be approved subject to reasonable and relevant conditions as detailed herein.

17 NOTIFICATIONS The following notifications should be placed over proposed Lot 2:

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.


23 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 1 on RP162128 Address of property 37 Inveray Avenue Benowa Area of property 1,226m² Decision type Development Permit for Material Change of Use for

two (2) Detached Dwellings and Development Permit for Reconfiguring of Lot for 1 into 2 Lot Subdivision

Further development permits Building Work, Operational Work Further compliance permits Compliance Permit for Water Supply Plumbing Work

& Sewerage Works Compliance assessment required for documents or works

Plan Sealing

MATERIAL CHANGE OF USE

A Council approves the issue of a Development Permit for Material Change of Use for two (2) Detached Dwellings, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by DA – A001 2 Site Plan 19/02/2016 RealSpace

Creative DA – A002 2 Ground Floor Plans 19/02/2016 RealSpace

Creative DA – A003 2 First Floor Plans 19/02/2016 RealSpace

Creative DA – A004 2 Roof Plan 19/02/2016 RealSpace

Creative DA – A005 2 Elevations North and

South 19/02/2016 RealSpace

Creative DA – A006 2 West East Elevations

Residence 2 19/02/2016 RealSpace



Creative


24 Adopted Report


DA – A008 2 Sections 19/02/2016 RealSpace Creative


13.4122.02 B Reconfiguration of a Lot (ROL)

22/2/16 Alan Sullivan

2 The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

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

Timing As indicated within the wording of the condition.

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

Timing At all times.

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

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

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This 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.


25 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 6 Certification of compliance

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

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

7 New lots are to be created first The Development Permit for Reconfiguring a Lot contained within this Decision Notice is to be registered with the Titles Office prior to obtaining a Building Approval.

Timing Prior to obtaining building approval

CAR PARKING AND ACCESS

8 Off street car parking facilities a Off-street car parking facilities must be designed,

constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version).

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

c A minimum of 2 spaces must be provided per Detached Dwelling, in addition to those parking spaces provided for all existing dwellings on-site.

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

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

VEHICULAR CROSSINGS AND DRIVEWAYS

9 Domestic (Residential) driveways – gradients and geometry a Driveways within domestic (residential) lots must

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

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

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


26 Adopted Report


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

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

10 Vehicular crossings a A vehicular crossing (driveway entry within the road

reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-302 Vehicular crossing low density

residential, and 05-02-303 Vehicular crossing low density residential requirements.

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

c The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer.

Timing Prior to commencement of the use on the site.

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

11 Reconstruction of kerb and channel / footpath a Where kerb and channel / footpath is removed or

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

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

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


27 Adopted Report


ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

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

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

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

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

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

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

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

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking.

Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must 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.

LANDSCAPE WORKS ON PRIVATE LAND

13 Landscape Work a The applicant must undertake landscape planting in

association with the development. This landscape planting must be undertaken in accordance with the

Timing The required landscape work must be undertaken prior to the earlier of the


28 Adopted Report


Statement of Landscape Intent being Sheets De1 & P1, Issue A.04, Proposed Landscape Design, 22 February 2016, Prepared by Michael Webber Design and including the following amendments: i Tree species must be evergreen canopy trees

with a minimum bag size of 100L at the time of planting;

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

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

iv Existing street trees in the Ashmore Road and Glyn Street road reserve must be retained and protected during construction;

v Screening shrubs must be able reach a minimum height of three (3) metres at maturity;

vi Liriope species to be replaced with a shrub species along the frontage fence line of Inveray Avenue that reach a minimum height of 750mm at maturity;

vii Replace HARPULLIA pendula street trees with WATERHOUSIA floribunda; and

viii All landscaping must be within an edged and mulched garden bed and all trees staked;

ix Street trees are to be, staked, mulched and edged as per GCCC street tree planting - setout guidelines. Must be setback a minimum 3 metres from the proposed driveway and 1 metre from the nominal kerb line;

x All road reserve turf must be repaired and replaced if damaged. Where existing crossover is removed, this must be replaced with turf; and

xi Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual.

b On completion of the approved landscape work, the landscaping must be maintained in accordance with these conditions and all relevant Australian Standards.

commencement of the approved use or the sealing of survey plans. Once installed, the landscaping must be maintained in accordance with this condition at all times.

14 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The proposed fencing in the referenced Statement of

Landscape Intent with additional screening shrubs or trees internal to the fence line of the Inveray Avenue frontage; or

b The fence is set back a minimum 600mm within the site boundary and screen shrub plantings are incorporated



29 Adopted Report


between the fence and the boundary; or c The fence includes articulations measuring minimum

600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations.

15 Landscape Inspection On completion of the required landscape work, the applicant must arrange an inspection of the landscaping by Council officers.

Timing The landscape inspection must be passed prior to the commencement of the approved use.

16 Proposed street trees within public road reserve

Street trees required to be planted by these conditions must be installed, established and maintained in accordance with the Gold Coast City Council’s Planning Scheme Policy 11 – Land Development Guidelines, Policy 12 Landscape Strategy Part 1 – Landscape Character: Guiding the Image of the City and Policy 13 Landscape Strategy Part 2 – Landscape Works Documentation Manual.


17 Establishment period for public road reserve a The applicant is responsible for the establishment of all

living components of public road reserve, to the satisfaction of the Chief Executive Officer, for the duration of a six month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with Section 6.17 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

c Without limiting the obligations under Section 6.17 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specification and Drawings the applicant must, during the Establishment period: i Rectify any defects arising from substandard

workmanship; ii Replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii Maintain all components and their environs.

Timing As indicated in the wording of the condition.


30 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 18 ‘On Maintenance’ period for public road reserve

a Upon completion of the ‘Establishment Period’ in accordance with the abovementioned conditions of approval, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to acceptance by Council of the commencement of the ‘On Maintenance’ period.

b Upon satisfactory completion of the ‘Establishment’ period and Council notifying the applicant that all living components of public road reserve has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Upon completion of the ‘On Maintenance’ period in accordance with the abovementioned conditions of approval, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to the works being accepted by Council as ‘Off Maintenance’.

d Without limiting the obligations under Section 6.18 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining all living components of public road

reserve; and ii For the rectification of defects and any damage

that occurs, unless the damage is directly attributable to Council activities.


CONSTRUCTION MANAGEMENT

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

have their loads secure and covered; b Any spillage that falls from the trucks or their wheels

must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and

c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

Timing At all times while works are occurring.


31 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 20 Workplace health and safety

The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


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


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.


STORMWATER AND WATER QUALITY

24 Legal point of discharge a The applicant must ensure that all stormwater drainage

is directed to a lawful point of discharge in accordance with the Queensland Urban Drainage Manual Volume 1 Second Edition 2007 (‘QUDM’) Section 3.02.

b Should the development be unable to satisfy the conditions of the first test of QUDM Section 3.02, the applicant must submit a detailed drainage plan to Council for approval.

Timing Prior to the issue of the development permit for carrying out building work, or if an application for carrying out building work is not required, prior to commencement of the use the subject of this approval.

25 Hardstand areas graded towards landscape areas All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council's drainage system without proper treatment.



32 Adopted Report


EROSION AND SEDIMENT CONTROL

26 Erosion and sediment control a Erosion, sediment and dust control measures must be

implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

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

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

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

Timing During construction/building works.

ACOUSTICS

27 Acoustic design and construction

The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works dated 15 January 2016 (Reference number: 2016002 R02 37 Inveray Ave Benowa RTN.doc)

Timing As indicated within the wording of the condition

28 Acoustic compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to the occupation of the development


33 Adopted Report


WASTE

29 Wheelie bins – individual storage point Wheelie bins must be stored at each dwelling as detailed on Proposed landscape Design prepared by Michael Webber Design dated 20 January 2016 (Reference No. 1601-01).

Timing At all times

30 Wheelie bins – individual servicing points

The wheelie bin servicing point/s must comply with the requirements of section 11.2 of Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the side-lift waste collection vehicle.

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

d Positioned on a level pad e Minimum road frontage of one (1) metre per wheelie

bin f Enable every wheelie bin to be serviced by the waste

collection vehicle without the need for the operator to leave the vehicle

Timing At all times

SEWERAGE

31 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property, without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

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

32 Sewer reticulation a The development must be connected to Council’s

sewer reticulation system at no cost to Council. b The second detached dwelling must be connected to

Council’s sewer reticulation system via private reticulation internal to the development site, at no cost to Council.

Timing Prior to commencement of the use of the premises.


34 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 33 Design, construction and standard of sewer reticulation

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


WATER SUPPLY RETICULATION

34 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must comply with Section 7 of Council’s Land Development Guidelines. Information note:

Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

35 Water supply reticulation (potable only) a Each dwelling within the development must be

separately connected to Council’s potable water supply reticulation system at no cost to Council.

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


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


37 Installation of property service, water meter box and meter The applicant must: a Make application to Gold Coast Water for Gold Coast

Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation;

Timing Prior to the commencement of use of the premises.


35 Adopted Report


i The property service, water meter box and water meter shall be provided, at the front boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

b Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant’s cost. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

38 Connection and disconnection – arrangements with Gold Coast Water

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

Timing Prior to connection and/or disconnection to existing infrastructure.

39 Fire loading

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


RECONFIGURING A LOT

B Council approves the issue of a Development Permit for Reconfiguring a Lot for 1 into 2 lot subdivision, subject to the following conditions:

APPROVED DRAWINGS


Plan No.

Rev. Title Date Prepared by



The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

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

Timing As indicated within the wording of the


36 Adopted Report


approved plans/drawings must be submitted with any building development application or operational works application relating to or arising from this development approval.

condition.



RELOCATION OF STRUCTURES AND INFRASTRUCTURE TRAVERSING PROPOSED LOT BOUNDARIES

4 Relocation of private structures and services a All existing private structures (including slabs,

foundations, footings, driveways) and services (including house drainage lines, effluent disposal lines) that straddle proposed lot boundaries must be removed or relocated so that they lie entirely within the proposed lot boundaries.

b When giving the subdivision plan for compliance assessment, the applicant must submit to Council an ‘as constructed’ drawing of all structures and services within the site, certified by a registered land surveyor, as laying within the proposed lot boundaries.

c The applicant is responsible for securing all necessary development permits for the removal/relocation (including, by way of example only, a development permit for removal/relocation of building work).

Timing Prior to a request for compliance assessment of the subdivision plan.






iii Enter into a bond agreement to ensure damage is



37 Adopted Report


not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and





HYDRAULICS







ELECTRICAL RETICULATION

8 Electricity supply a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed

Timing Prior to Council’s compliance assessment of subdivision plans.


38 Adopted Report


lots. b Electricity Supply must be from Inveray Avenue.

TELECOMMUNICATIONS

9 Telecommunications The applicant must: a Provide underground telecommunications to all

proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).

b Size the pit and pipe infrastructure so as to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).


SEWERAGE

10 Sewer reticulation a All lots within the development must be connected to

Council’s sewer reticulation system at no cost to Council.

b The size of the sewer property service connection for proposed Lot 2 shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

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


12 Connection point a The proposed maintenance hole located at south

eastern corner of proposed Lot 1 must be used as the connection point for proposed Lot 1, unless otherwise approved by Gold Coast Water.

b The proposed 150mm sewer diversion in Inveray Avenue must be used as the connection point for proposed Lot 2, unless otherwise approved by Gold Coast Water.



39 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 13 Non – trunk sewer infrastructure works

The applicant is required to relocate Council’s existing 150mm sewer main along the Inveray Avenue’s road reserve, outside the development site, generally in accordance with submitted Sewer Diversion Plan, drawing no. PEG077 – S1 SK01, rev. A, dated 19.02.2016, and prepared by Pinnacle Engineering Group, at no cost to Council. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.


14 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.


15 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or compliance assessment of the Reconfiguring of a Lot plan.

16 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).


17 Completion of external connections All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.


18 Public utility sewer easements to be provided Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements: a Easement widths must comply with the requirements

Timing The terms of the easement shall be executed prior to compliance assessment of the Reconfiguring of a Lot


40 Adopted Report


specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure.

b The applicant must provide to Council a certification from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

c The terms of such easements shall be to the satisfaction of Council’s Chief Executive Officer.

d Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

e When registering the easements, the Form 9 document shall refer to Registered Standard Terms Document No. 707918364.

f No landscaping works involving deep rooted tree/shrub plantings are permitted within Council’s easement.

plan.

19 No building work over or within Council easements and minimum distance from Council infrastructure a No building work is permitted over or within any Council

public utility easements. b All proposed buildings and structures must be located a

minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water.

c Whichever is less, a minimum horizontal clearance of: i 1.2m must be maintained from the outer edge of

the proposed maintenance hole cover frame, or ii 1.3m must be maintained from the centre of the

proposed maintenance hole. Note: (Option 2) Determined on request. Investigation to be performed by an authorised person.

in accordance with Section 1.7.1 SEQ-BOAA-S1 Maintenance Hole/Shaft Clearance Requirements of the Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing At all times during works and then maintained.


20 Water supply reticulation (potable only) a All lots within the development must be connected to

Council’s potable water supply reticulation system at no cost to Council.




41 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 21 Design, construction and standard of water supply

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


22 Connection point The existing 100mm main in Inveray Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.



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

meter shall be provided, at the boundary of proposed Lot 1 (single residential lot), in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;



24 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


25 Supply standard The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.



42 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 26 Fire loading

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

ADVISORY NOTES TO APPLICANT

C Rights of appeal

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

D Applicant responsibilities

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

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.


43 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 E Indigenous cultural heritage legislation and duty of care requirement

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

F Greenhouse gas emissions

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

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 Water restrictions to be complied with

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

Author: Authorised by:

James O’Toole Dyan Currie Planning Officer Director Planning and Environment May 2016


44 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 COMMITTEE RECOMMENDATION CP16.0520.001 moved Cr Owen-Jones seconded Cr O'Neill That Council resolves as follows:

Real property description Lot 1 on RP162128 Address of property 37 Inveray Avenue, Benowa Area of property 1,226m² Decision type Development Permit for Material Change of Use for

two (2) Detached Dwellings and Development Permit for Reconfiguring of Lot for 1 into 2 Lot Subdivision

Further development permits Building Work, Operational Work Further compliance permits Compliance Permit for Water Supply Plumbing Work

& Sewerage Works Compliance assessment required for documents or works

Plan Sealing

MATERIAL CHANGE OF USE

A Council approves the issue of a Development Permit for Material Change of Use for two (2) Detached Dwellings, subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by DA – A001 2 Site Plan 19/02/2016 RealSpace

Creative DA – A002 2 Ground Floor Plans 19/02/2016 RealSpace

Creative DA – A003 2 First Floor Plans 19/02/2016 RealSpace

Creative DA – A004 2 Roof Plan 19/02/2016 RealSpace

Creative DA – A005 2 Elevations North and

South 19/02/2016 RealSpace





Creative


45 Adopted Report






2 The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.








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.



46 Adopted Report

mailto:[email protected]

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


ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 6 Certification of compliance



7 New lots are to be created first The Development Permit for Reconfiguring a Lot contained within this Decision Notice is to be registered with the Titles Office prior to obtaining a Building Approval.

Timing Prior to obtaining building approval





c A minimum of 2 spaces must be provided per Detached Dwelling, in addition to those parking spaces provided for all existing dwellings on-site.




9 Domestic (Residential) driveways – gradients and geometry a Driveways within domestic (residential) lots must

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

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

b Where the gradient of driveway/s exceeds 12.5%, safe



47 Adopted Report


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

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


reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-302 Vehicular crossing low density

residential, and 05-02-303 Vehicular crossing low density residential requirements.

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





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




12 Connection to, alteration or realignment of Council infrastructure

Timing Any connections,


48 Adopted Report


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






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.

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.


13 Landscape Work a The applicant must undertake landscape planting in

association with the development. This landscape planting must be undertaken in accordance with the Statement of Landscape Intent being Sheets De1 & P1, Issue A.04, Proposed Landscape Design, 22 February 2016, Prepared by Michael Webber Design and including the following amendments: i Tree species must be evergreen canopy trees

with a minimum bag size of 100L at the time of

Timing The required landscape work must be undertaken prior to the earlier of the commencement of the approved use or the sealing of survey plans. Once installed, the landscaping must be maintained in


49 Adopted Report


planting; ii Palm species must be a minimum 3 metres in

height at the time of planting; iii Shrub species must be a minimum 200mm pot

size at the time of planting; iv Existing street trees in the Ashmore Road and

Glyn Street road reserve must be retained and protected during construction;

v Screening shrubs must be able reach a minimum height of three (3) metres at maturity;

vi Liriope species to be replaced with a shrub species along the frontage fence line of Inveray Avenue that reach a minimum height of 750mm at maturity;

vii Replace HARPULLIA pendula street trees with WATERHOUSIA floribunda; and

viii All landscaping must be within an edged and mulched garden bed and all trees staked;

ix Street trees are to be, staked, mulched and edged as per GCCC street tree planting - setout guidelines. Must be setback a minimum 3 metres from the proposed driveway and 1 metre from the nominal kerb line;

x All road reserve turf must be repaired and replaced if damaged. Where existing crossover is removed, this must be replaced with turf; and

xi Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual.

b On completion of the approved landscape work, the landscaping must be maintained in accordance with these conditions and all relevant Australian Standards.

accordance with this condition at all times.

14 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The proposed fencing in the referenced Statement of

Landscape Intent with additional screening shrubs or trees internal to the fence line of the Inveray Avenue frontage; or

b The fence is set back a minimum 600mm within the site boundary and screen shrub plantings are incorporated between the fence and the boundary; or

c The fence includes articulations measuring minimum 600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations.



50 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 15 Landscape Inspection

On completion of the required landscape work, the applicant must arrange an inspection of the landscaping by Council officers.

Timing The landscape inspection must be passed prior to the commencement of the approved use.

16 Proposed street trees within public road reserve Street trees required to be planted by these conditions must be installed, established and maintained in accordance with the Gold Coast City Council’s Planning Scheme Policy 11 – Land Development Guidelines, Policy 12 Landscape Strategy Part 1 – Landscape Character: Guiding the Image of the City and Policy 13 Landscape Strategy Part 2 – Landscape Works Documentation Manual.


17 Establishment period for public road reserve a The applicant is responsible for the establishment of all

living components of public road reserve, to the satisfaction of the Chief Executive Officer, for the duration of a six month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with Section 6.17 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

c Without limiting the obligations under Section 6.17 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specification and Drawings the applicant must, during the Establishment period: i Rectify any defects arising from substandard





18 ‘On Maintenance’ period for public road reserve a Upon completion of the ‘Establishment Period’ in

accordance with the abovementioned conditions of approval, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to acceptance by Council of the commencement of the ‘On Maintenance’ period.

b Upon satisfactory completion of the ‘Establishment’



51 Adopted Report


period and Council notifying the applicant that all living components of public road reserve has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Upon completion of the ‘On Maintenance’ period in accordance with the abovementioned conditions of approval, the applicant must notify the assessment officer identified in this decision notice for an on-site meeting, prior to the works being accepted by Council as ‘Off Maintenance’.

d Without limiting the obligations under Section 6.18 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining all living components of public road

reserve; and ii For the rectification of defects and any damage








20 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


21 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety



52 Adopted Report


of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.

HYDRAULICS








24 Legal point of discharge a The applicant must ensure that all stormwater drainage

is directed to a lawful point of discharge in accordance with the Queensland Urban Drainage Manual Volume 1 Second Edition 2007 (‘QUDM’) Section 3.02.

b Should the development be unable to satisfy the conditions of the first test of QUDM Section 3.02, the applicant must submit a detailed drainage plan to Council for approval.

Timing Prior to the issue of the development permit for carrying out building work, or if an application for carrying out building work is not required, prior to commencement of the use the subject of this approval.

25 Hardstand areas graded towards landscape areas All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council's drainage system without proper treatment.






c A perimeter bund and/or diversion drain must be



53 Adopted Report


constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater.





ACOUSTICS

27 Acoustic design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works dated 15 January 2016 (Reference number: 2016002 R02 37 Inveray Ave Benowa RTN.doc)

Timing As indicated within the wording of the condition

28 Acoustic compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to the occupation of the development

WASTE

29 Wheelie bins – individual storage point Wheelie bins must be stored at each dwelling as detailed on Proposed landscape Design prepared by Michael Webber Design dated 20 January 2016 (Reference No. 1601-01).

Timing At all times

30 Wheelie bins – individual servicing points The wheelie bin servicing point/s must comply with the requirements of section 11.2 of Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

Timing At all times


54 Adopted Report


vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the side-lift waste collection vehicle.



d Positioned on a level pad e Minimum road frontage of one (1) metre per wheelie

bin f Enable every wheelie bin to be serviced by the waste

collection vehicle without the need for the operator to leave the vehicle

SEWERAGE

31 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property, without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


32 Sewer reticulation a The development must be connected to Council’s

sewer reticulation system at no cost to Council. b The second detached dwelling must be connected to

Council’s sewer reticulation system via private reticulation internal to the development site, at no cost to Council.





34 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within



55 Adopted Report


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

35 Water supply reticulation (potable only) a Each dwelling within the development must be

separately connected to Council’s potable water supply reticulation system at no cost to Council.







meter shall be provided, at the front boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;


Timing Prior to the commencement of use of the premises.

38 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing water



56 Adopted Report


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

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


RECONFIGURING A LOT

B Council approves the issue of a Development Permit for Reconfiguring a Lot for 1 into 2 lot subdivision, subject to the following conditions:

APPROVED DRAWINGS


Plan No.

Rev. Title Date Prepared by








RELOCATION OF STRUCTURES AND INFRASTRUCTURE TRAVERSING PROPOSED LOT BOUNDARIES

4 Relocation of private structures and services a All existing private structures (including slabs,

foundations, footings, driveways) and services (including house drainage lines, effluent disposal lines)

Timing Prior to a request for compliance assessment of the


57 Adopted Report


that straddle proposed lot boundaries must be removed or relocated so that they lie entirely within the proposed lot boundaries.

b When giving the subdivision plan for compliance assessment, the applicant must submit to Council an ‘as constructed’ drawing of all structures and services within the site, certified by a registered land surveyor, as laying within the proposed lot boundaries.

c The applicant is responsible for securing all necessary development permits for the removal/relocation (including, by way of example only, a development permit for removal/relocation of building work).

subdivision plan.









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



58 Adopted Report


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.

HYDRAULICS









‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots.

b Electricity Supply must be from Inveray Avenue.


TELECOMMUNICATIONS

9 Telecommunications The applicant must: a Provide underground telecommunications to all

proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).

b Size the pit and pipe infrastructure so as to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).



59 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 SEWERAGE

10 Sewer reticulation a All lots within the development must be connected to

Council’s sewer reticulation system at no cost to Council.

b The size of the sewer property service connection for proposed Lot 2 shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).




12 Connection point a The proposed maintenance hole located at south

eastern corner of proposed Lot 1 must be used as the connection point for proposed Lot 1, unless otherwise approved by Gold Coast Water.

b The proposed 150mm sewer diversion in Inveray Avenue must be used as the connection point for proposed Lot 2, unless otherwise approved by Gold Coast Water.


13 Non – trunk sewer infrastructure works The applicant is required to relocate Council’s existing 150mm sewer main along the Inveray Avenue’s road reserve, outside the development site, generally in accordance with submitted Sewer Diversion Plan, drawing no. PEG077 – S1 SK01, rev. A, dated 19.02.2016, and prepared by Pinnacle Engineering Group, at no cost to Council. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.


14 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.


15 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. Decommissioning of redundant assets must comply with

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or


60 Adopted Report


Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure

compliance assessment of the Reconfiguring of a Lot plan.



17 Completion of external connections All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.









Timing The terms of the easement shall be executed prior to compliance assessment of the Reconfiguring of a Lot plan.


public utility easements.



61 Adopted Report


b All proposed buildings and structures must be located a minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water.


the proposed maintenance hole cover frame, or ii 1.3m must be maintained from the centre of the

proposed maintenance hole. Note: (Option 2) Determined on request. Investigation to be performed by an authorised person.



20 Water supply reticulation (potable only) a All lots within the development must be connected to

Council’s potable water supply reticulation system at no cost to Council.





22 Connection point The existing 100mm main in Inveray Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.




meter shall be provided, at the boundary of proposed Lot 1 (single residential lot), in



62 Adopted Report


accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;









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

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

entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry


63 Adopted Report


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’);





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

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


64 Adopted Report


ITEM 1 (Continued) DEVELOPMENT PERMIT (CODE ASSESSMENT) FOR RECONFIGURING OF A LOT FOR 1 INTO 2 LOT SUBDIVISION AND DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR 2 DETACHED DWELLINGS - LOT 1 ON RP162128 - 37 INVERAY AVENUE, BENOWA – DIVISION 10 PN53884/12/DA3 G Infrastructure charges


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

CARRIED


65 Adopted Report


66 Adopted Report

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67 Adopted Report

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REFER TO SURVEYOR'S DRAWINGSFOR NEW BOUNDARY LINE

1500

8955

9289

CLIENT:

SITE ADDRESS:

PROJECT NO: DATE: SCALE:

AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:

DRAWING NO: ISSUE NO: DRAWN:

Verify all dimensions, siting, window sizes,positioning and setting out on site beforecommencing construction or manufacture.Do NOT scale from drawings. Refer anydiscrepancy immediatley to RealSpaceCreative for instructions.

Copyright in this drawing is the propertyof RealSpace Creative and may not beretained, copied in whole or in part orused other than for the specific uses,license and site for which it has beenprepared and issued.

Authorisation Reg No.

CopyrightVerification RealSpace Creative Pty. Ltd.PO Box 5314Q Super Centre QLD 4218

T 0418 728 962ABN 20 601 291 141www.real-space.com.au

Registered Architect No. 4136 (QLD)Hooman Jaffar

Amendments Register Amendments RegisterDESCRIPTION DATEISSUE INITIALS DESCRIPTION DATEISSUE INITIALS

37 INVERAY AVENUE, BENOWA

SRD-15001

DEVELOPMENT APPLICATION

FEB. 2016 DA-

2 Site Boundaries revised to incorporate corner truncation 19 FEB. 2016 W.M.

2 WM

SITE PLAN

SAMAN RAHMANI

A001

1 : 100SITE PLAN

1 @ A1

DEVELOPMENT SUMMARY

GROSS FLOOR AREA

38.8%

EXISTING RESIDENCE:

SITE AREA:

SITE COVERAGE:

626sqm

GROUND FLOOR

FIRST FLOOR

TOTAL

PRIVATE OPEN SPACE:

486SQM

243sqm

243sqm

GROUND FLOOR

FIRST FLOOR

351.2SQM

24SQM

375. 2SQM

NEW RESIDENCES:

SITE COVERAGE:

NEW RESIDENCE 1

TOTAL

28.9%SQM

NEW RESIDENCE 2

GROSS FLOOR AREA:

20.3%SQMSITE COVERAGE:

FIRST FLOOR:

GROUND FLOOR: 173.1SQM

128.1SQM FIRST FLOOR:


86.5SQM

PRIVATE OPEN SPACE:

FIRST FLOOR:


6SQM

TOTAL: 301.3SQM TOTAL: 208.1SQM

TOTAL: 76.3SQM

PRIVATE OPEN SPACE:

FIRST FLOOR:


6SQM

167.3SQMTOTAL:

SITE AREA: 600SQM

I CORD / 1500MM TRUNCATIONOF PROPERTY BOUNDARYDEDICATED AS ROAD RESERVE


68 Adopted Report

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SRD-15001


FEB. 2016 DA-


2 WM

GROUND FLOOR PLANS

SAMAN RAHMANI

A002

1 : 50

NEW RESIDENCE 2GROUND FLOOR LEVEL1

1 : 50

NEW RESIDENCE 1GROUND FLOOR LEVEL2@ A1

@ A1

NOTES:PROVIDE LIFT OFF HINGES TO W.C. DOORSSMOKE ALARM TO BE HARD WIRED IN ACCORDANCE WITH B.C.A.3.7.2.FLOOR WASTE POSITIONS ARE INDICATIVE ONLY. FINAL POSITIONSTO BE DETERMINED BY LOCAL AUTHORITY PLUMBINGREGULATIONS

ALL FIXING AND FLASHING TO BE IN STRICT ACCORDANCE WITH THEMANUFACTURERS DETAILS. WINDOW SIZES SHOWN ARE NOMINALONLY AND ARE TO BE VERIFIED BY THE BUILDER ONSITEHEIGHTHEIGHTS INDICATED ARE CLEAR HEIGHTS ABOVE FINISHED FLOORLEVELS.WET AREA FLOORSFLOOR TILES IN WET AREAS TO BE LAID TO A MIN. FALL OF 1 IN 60 TOFLOOR WASTES

DIMENSIONSALL DIMENSIONS ARE TO STRUCTURE NOT FINISHED SURFACE,APART FROM WINDOWS (REFER WINDOW SCHEDULE)

TERMITE PROTECTIONTERNITE PROTECTION TO AS 3660.2000 SERIES

CARPENTRYALL WORK SHALL BE IN ACCORDANCE WITH THE LIGHT TIMBERFRAMING CODE AS 1684AND OR THE ENGINEERS DETAILS PROVIDED

STRUCTUREREFER TO STRUCTURAL ENGINEER'S DETAILSFOR STRUCTURAL INFORMATION


69 Adopted Report

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RL 12.900

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

FIRST FLOOR PLANS

SAMAN RAHMANI

A003

1 : 50

NEW RESIDENCE 2 FIRSTFLOOR LEVEL1 1 : 50

NEW RESIDENCE 1 FIRSTFLOOR LEVEL2@ A1 @ A1

NOTES:PROVIDE LIFT OFF HINGES TO W.C. DOORSSMOKE ALARM TO BE HARD WIRED IN ACCORDANCE WITH B.C.A.3.7.2.FLOOR WASTE POSITIONS ARE INDICATIVE ONLY. FINAL POSITIONSTO BE DETERMINED BY LOCAL AUTHORITY PLUMBINGREGULATIONS

ALL FIXING AND FLASHING TO BE IN STRICT ACCORDANCE WITH THEMANUFACTURERS DETAILS. WINDOW SIZES SHOWN ARE NOMINALONLY AND ARE TO BE VERIFIED BY THE BUILDER ONSITEHEIGHTHEIGHTS INDICATED ARE CLEAR HEIGHTS ABOVE FINISHED FLOORLEVELS.WET AREA FLOORSFLOOR TILES IN WET AREAS TO BE LAID TO A MIN. FALL OF 1 IN 60 TOFLOOR WASTES

DIMENSIONSALL DIMENSIONS ARE TO STRUCTURE NOT FINISHED SURFACE,APART FROM WINDOWS (REFER WINDOW SCHEDULE)

TERMITE PROTECTIONTERNITE PROTECTION TO AS 3660.2000 SERIES

CARPENTRYALL WORK SHALL BE IN ACCORDANCE WITH THE LIGHT TIMBERFRAMING CODE AS 1684AND OR THE ENGINEERS DETAILS PROVIDED

STRUCTUREREFER TO STRUCTURAL ENGINEER'S DETAILSFOR STRUCTURAL INFORMATION


70 Adopted Report

1

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675

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GUTTER

GUTTER

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GUTTER

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

ROOF PLAN

SAMAN RAHMANI

A004

1 : 50ROOF PLAN

1 @ A1


71 Adopted Report

GROUND LINR RL10.000

GROUND FLOORFINISHED LEVEL RL10.150

CEILING LEVEL RL13.150

NEW RESIDENCE 2FIRST FLOOR LEVEL

ROOF LEVEL RL17.531


350

3000

CEILING LEVELRUMPUS RL 14.100

GROUND CEILINGLEVEL RL 12.550


FIRST CEILING LEVELRL 15.600

ROOF LEVEL RL16.931

3600

1200

2400

1331

2700

350

3000

LEGENDJL: HORIZONTAL CLADDING JAMES HARDIE "LINEA" (GREY/BROWN).AX: 'AXON' CLADDING (GREY/BROWN).MX: MATRIX CLADDING EXPRESSED JOINTS(GREY/BROWN).PT: PAINTED AND RENDERED WALL (WHITE/CREAM).TS: TIMBER BATTEN SCREENCP: CARPORT DOORGB: GLASS BALUSTRADEF: FIXED GLASS

JLMXPT PT AXJLMX

GROUND LINE RL9.4000

PT

CP

CP

MX

7531

7531

F

F

F

F

F

F

F

F

F

F

FF F

F

F

FF

ROOF PITCH 7degrees

ROOF PITCH 7degrees

ROOF PITCH 7degrees

930022508963 2950 5843 707 200

ROOF PITCH 7degrees







ROOF LEVEL RL17.531






ROOF LEVEL RL16.931


JL MX

GB

F F

GB

JL JL PT PTJL PTPT

7531

7531

4606

2925

89632250930029506550

F F F

FF F

FF

F

F

ROOF PITCH 7degreesROOF PITCH 7degrees

ROOF PITCH 7degrees

F F F F F

MXMX

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

ELEVATIONS NORTH AND SOUTH

SAMAN RAHMANI

A005

1 : 50

NEW RESIDENCES 1&2SOUTH ELEVATION1

1 : 50

NEW RESIDENCES 1&2NORTH ELEVATION2

@ A1

@ A1


72 Adopted Report






ROOF LEVEL RL17.531






ROOF LEVEL RL16.931


MXPT

GB

F.

LEGENDJL: HORIZONTAL CLADDING JAMES HARDIE "LINEA" (GREY/BROWN).AX: 'AXON' CLADDING (GREY/BROWN).MX: MATRIX CLADDING EXPRESSED JOINTS.PT: PAINTED AND RENDERED WALL (WHITE/CREAM).TS: TIMBER BATTEN SCREEN.CP: CARPORT DOOR.GB: GLASS BALUSTRADE.F: FIXED GLASS.






ROOF LEVEL RL17.531

1

A008

1

A009

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---

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JL PT

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

WEST EAST ELEVATIONS RESIDENCE 2

SAMAN RAHMANI

A006

1 : 50

WEST OF NEWRESIDENCE 21

1 : 50

EAST OF NEW RESIDENCE22


73 Adopted Report






ROOF LEVEL RL17.531






ROOF LEVEL RL16.931

---


MX AX






ROOF LEVEL RL17.531






ROOF LEVEL RL16.931

1

A008

1

A009

-

---

LEGENDJL: HORIZONTAL CLADDING JAMES HARDIE "LINEA".AX: 'AXON' CLADDING.MX: MATRIX CLADDING EXPRESSED JOINTS.PT: PAINTED AND RENDERED WALLTS: TIMBER BATTEN SCREENCP: CARPORT DOORGB: GLASS BALUSTRADEF: FIXED GLASSJL PT

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

WEST EAST ELEVATION RESIDENCE 1

SAMAN RAHMANI

A007

1 : 50WEST OF RESIDENCE 1

1

1 : 50EAST OF RESIDENCE 1

2


74 Adopted Report





ROOF LEVEL RL17.531





FIRST CEILING LEVERL 15.600

ROOF LEVEL RL16.931

2

A009

FAMILY/RUMPUS DOUBLE CARPORT LAUNDRY

BEDROOM 2 BEDROOM 1 WIR

ROOF CAVITY SHOWN HATCHED

ROOF TRUSSES TO MANUFACTURER'S DESIGN & DETAILS

350

3150

(FLO

OR TO

CEILING)

GARAGE SLAB FFL 10.150

CORRUGATED COLORBOND ROOF AT 7 DEGREE PITCH

FFL 13.500

SLAB & FOOTINGS TO ENGINEERS DETAILS


DOUBLE CARPORT

5800

BEDROOM 1 ENSUITE

VOID TO ENTRY

GARAGE SLAB FFL 9.550

RAKED CEILING OVER TO FOLLOW ROOF PITCH

UPSTAND TRUSS HEIGHT

7.00

°

7.00° 7.00

°

DOWN PIPE







ROOF LEVEL RL17.531

1

A0081

A009

PATIO RUMPUS

LIVING CARPORTPATIO

BEDROOM

6000





1400

300

CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

SECTIONS

SAMAN RAHMANI

A008

1 : 50

RESIDENCE 2LATITUDINAL SECTION1

1 : 50

RESIDENCE 2LONGITUDINAL SECTION2


75 Adopted Report





ROOF LEVEL RL16.931

BEDROOM 4WC

MEALS LIVING





DOWN PIPE




GROUND FLOORFINISHED LEVEL RL10.150GROUND FLOORFINISHED LEVEL RL9.550





ROOF LEVEL RL16.931

1

A008

1

A009

-

---






DOWN PIPE

LIVING DINING DOUBLE CARPORT

BALCONY BEDROOM 4 RUMPUS BEDROOM 1

PERGOLA

1000

1400

1259


CLIENT:

SITE ADDRESS:


AS SHOWN A1 SHEET

STAGE:

DRAWING TITLE:










SRD-15001


FEB. 2016 DA-


2 W.M.

SECTIONS

SAMAN RAHMANI

A009

1 : 50

RESIDENCE 1LATITUDINAL SECTION1

1 : 50

RESIDENCE 1LONGITUDINAL SECTION2


76 Adopted Report

ITEM 2 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 Refer 3 page attachment

1 OVERVIEW Site address Unit 15, 99 West Burleigh Road, Burleigh Waters Application description

Material Change of Use (Impact Assessment) for Shop (Gun Shop 41m²)


Proposal

The proposal seeks a Development Permit for a Material Change of Use (Impact Assessment) for a change of use in an existing tenancy for the purpose of a Shop (Gun Shop 41m²). The subject tenancy is situated within an existing complex containing twenty one (21) tenancies. The proposed Shop (Gun Shop 41m²) is proposed to be established within Unit 15. An overall gross floor area of 41m2 will be utilised for the Shop in conjunction with an existing as of right Warehouse currently operating. There are no changes to the site access, external elevations or car parking proposed.

Main Considerations /Resolution

Consideration Resolution Car Parking Council’s Transport Assessment

section support the proposal, subject to conditions of approval relating to an amended Body Corporate Agreement and a maximum of two (2) staff on site at any one time. Through conditions of approval relating to the scale, intensity and on-going operation of the proposal, Council officers are satisfied that the Shop will not create an unreasonable disturbance to adjoining properties or tenancies on site. Therefore the reasonable amenity expectations will be maintained. This is further discussed in section 8.1 of this report.

Submissions

Objections Support 163 properly made objections 45 not properly made objections One (1) petition not properly made with 383 signatures

13 ‘in support’ properly made 7 ‘in support’ not properly made


Insufficient car parking Scale and intensity of the proposal Incompatible with intent of Fringe Business Precinct Negative social impacts on the area (e.g. increase in crime rates) Misleading information Body Corporate Consent Unlawful land use operating on site.


77 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1

Referral agencies Department of Infrastructure, Local Government and Planning- Approval with no requirements or conditions.

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


11.2 Transport Assessment 12 EXTERNAL REFERRALS

12.1 Concurrence agencies 13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 15 CONCLUSION 16 RECOMMENDATION


78 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 2 EXECUTIVE SUMMARY Pursuant to the Gold Coast Planning Scheme 2003, the subject site is located within Precinct 4 – Fringe Business Precinct of the Burleigh Local Area Plan. In accordance with the Table of Development ‘A’ a proposal for a Shop is unlisted and therefore triggers Impact Assessment.

The proposed development has been assessed against the relevant Performance Criteria of the Burleigh Local Area Plan Place Code and the Car Parking, Access and Transport Integration Constraint Code of the Gold Coast Planning Scheme 2003. The proposed development satisfies all relevant Acceptable Solutions, with the exception of the provision of car parking spaces. Considerations of the proposed Alternative Solutions are discussed within the report. The assessment has established that the proposed development can comply with the various Performance Criteria and the intent of the Fringe Business Precinct of the Burleigh Local Area Plan, subject to amendments to the design and conditions relating to the on-going operation of the proposal.

In response to public notification, a total of 229 submissions were received, 163 properly made objections, 45 not properly made objections, one (1) petition with 383 signatures and 20 in support. The tabled objections have been discussed in the report below and the points raised have been addressed through conditions or amendments to the application. Therefore it is determined that the grounds presented within the objections have been adequately dealt with through Council Officer’s assessment of the application.

The application triggered referral to the Department of Infrastructure, Local Government and Planning (DILGP) as a Concurrence Agency having regard to the proposed development being located within 25m of a State controlled road. DILGP have assessed the application and have advised that they have no requirements relating to the development.

It is relevant to note that the proposed recommendation does not approve any guns to be sold from the premises, rather that a Shop land use is allowable at the size and scale on the site. The applicant must obtain separate licences and approvals from other authorities to permit the sale of guns.

The application is therefore recommended for approval subject to the conditions of approval, in the Officer’s Recommendation.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 3 APPLICATION INFORMATION Real property description Lot 16 on SP190455 & Lot 0 on SP190455 Applicant Lee Haslett C/- Storey & Castle Planning Owner at time of lodgement Lee Robert Haslett & Katrina Denise Haslett Current owner Lee Robert Haslett & Katrina Denise Haslett Site area Unit 15 tenancy- 278.9m² Date application received 15 July 2015 Date entered decision LAP & Precinct

8 February 2016 Burleigh Local Area Plan- Fringe Business Precinct

Zone Mixed Use Zone- Fringe Business Precinct Decision type Development Permit for a Material Change of Use for

Shop (Gun Shop 41m²) 4 BACKGROUND The complex was developed via a Building Approval issued by a Private Certifier in May 2006.

Enforcement History

On 16 November 2015, a letter was issued to the applicant regarding the use of the premises at Unit 15/99 West Burleigh Road, Burleigh Heads, stating that the subject unit was being used unlawfully without a development permit for an Educational Establishment.

On 14 December 2015, a Show Cause Notice was issued regarding unlawful building work at the property. The building work related to the construction of a second storey within Unit 15.

On 12 February 2016, a Show Cause Notice was issued in relation to the unlawful Educational Establishment operating from the site.

On 17 March 2016, City of Gold Coast objected to an application for a Dealer’s Licence at the subject site as there was no development approval for a Shop at the subject site.

On 8 April 2016, City of Gold Coast issued a letter stating that any operation of an Educational Establishment in Unit 15/99 West Burleigh Road, Burleigh Heads must cease immediately and any further activity will result in immediate enforcement action.

Planning History

At its meeting held on 10 September 2007, Council resolved to refuse the issue of a development permit for a Material Change of Use for a Medical Centre. On 24 September 2007, the applicant appealed Council’s refusal of the application to the Planning and Environment Court, Appeal No. BD3020 of 2007. On 4 June 2009, the Court subsequently issued a Final Order allowing the appeal and approving the development application for a Medical Centre in Unit 12.

On 29 August 2007, under Delegated Authority the Manager of Implementation & Assessment Branch approved the issue of a Development Permit for a Material Change of Use to establish a Motor Vehicle Repairs at the subject site in Unit 11, subject to conditions.


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On 11 July 2008, under Delegated Authority the Manager of the Implementation &

Assessment Branch approved the issue of a development permit for material change of use for a Motor Vehicle Repairs in unit 14, subject to conditions.

On 15 July 2015, a development application for a material change of use for Shop (Gun Shop) was lodged with City of Gold Coast, the subject of this application.

5 PROPOSAL The proposal seeks a Development Permit for a Material Change of Use (Impact Assessment) for a change of use for an existing tenancy for the purpose of a Shop (Gun Shop 41m²). An overall gross floor area of 41m2 will be utilised for the Shop in conjunction with an existing as of right Warehouse. There are no changes to the site access, refuse collection, external elevations or car parking proposed.

The proposed Shop is to enable retail sales from the site in conjunction with the existing warehouse. It is proposed that the predominant land use will be a Warehouse. The ground floor of the building will include the foyer and Shop with a warehouse to the rear of the ground floor level. The first floor will include offices, reception, lunchroom and amenities.

The application states that a total number of two (2) staff will be present on the site at any given time as the majority of sales will occur online. Additionally, the application anticipates a total of three (3) visitors on site at any one time for the Shop component.

The complex is accessed via two (2) vehicle cross overs off West Burleigh Road to the north and south with all car parking located off the internal driveway through the site. The subject site was approved with a total of 79 car spaces, however investigations have revealed that the total car parking has increased over time on site to 81. Unit 15 is allocated a total of four (4) car parking spaces.

In total, Unit 15 comprises a Total Area of 279.1m², broken down as follows:

Total Area

Proposed Ground Floor Shop 41m²

Ground Floor Warehouse 83.1m²

Upper Floor Offices 43.1m²

Upper Floor Lunch Room 38.2m²

Upper Floor Recreation Area 45.5m²

Amenities 6.9m²

Upper Floor Reception 21.1m²

Total Areas 278.9m²


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Gross Floor Area (included areas for calculation of car parking)

Proposed Ground Floor Shop 41m²

Ground Floor Warehouse 83.1m²

Upper Floor Offices 43.1m²

Upper Floor Reception 21.1m²

Total Gross Floor Area 188.3m²

The proposal largely involves internal amendments. Refer to the figures below:

Figure 1- Floor Plan


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject tenancy is located within an existing warehouse complex and is located within the Fringe Business Precinct of the Burleigh Local Area Plan. The single tenancy is properly described as Lot 16 on RP190445 or commonly referred to as Unit 15, 99 West Burleigh Road, Burleigh Waters. The complex contains a total of twenty-one (21) tenancies comprising of a mixture of land uses consisting of Service Industries, Motor Vehicle Repairs, Warehouses and a Medical Centre.

6.2 Characteristics of surrounding environment The surrounding area of the subject site is characterised by residential, service industries and commercial uses.

North: North of the subject site is comprised of an industrial building which comprises a number of different commercial and industrial uses. South: The subject site adjoins a commercial building comprising Shops, Service Station and Restaurants. East: Immediately east of the subject site adjoins West Burleigh Road which provides a north-east and south-west connection to the Gold Coast Highway and the Burleigh village. West: Immediately to the west of the subject site is a public open space buffer that separates the fringe business precinct from existing residential developments to the west.

Figure 2- Site aerial


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 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 subject site is located within

the ‘Urban Footprint’ of the South East Queensland Regional Plan 2009 -2031. Refer to Section 10 below


N/A

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

area—all master plans for the area N/A

a temporary local planning instrument N/A an earlier preliminary approval to which section 242

applies N/A

a planning scheme Refer to Section 7.1 for assessment of the proposed development against the Planning Scheme

the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure charges for the proposed development are levied under the Adopted Infrastructure Charges Resolution by way of an infrastructure charges notice. Refer to Section 13.


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


Refer to Section 4 – ‘Background’ and Section 6 – ‘Site and Surrounding Environment’.

any referral agency’s response for the application Refer Below


84 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 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.

7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Burleigh Local Area Plan


Retail and Related Establishments

Relationship to the Domain or LAP The subject site is located in the Fringe Business Precinct of the Burleigh Local Area Plan.

Pursuant to the Planning Scheme, the proposed land use is defined as Shop:

“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.’

This is an unlisted land use and therefore triggers impact assessment pursuant to table of development A (Material Change of Use).

The intent statement for the Burleigh Local Area Plan reads:

“The purpose of this Local Area Plan (LAP) is to provide for the integrated planning of development within the Burleigh commercial area, an area which incorporates the traditional village centre of Burleigh Heads, the freestanding Burleigh Town Marketplace retail centre at West Burleigh, and a corridor of commercial and industrial development, of approximately 800 metres length which links these two nodes. Burleigh Heads and West Burleigh are jointly recognised as a Sub Regional Activity Centre within the Gold Coast City system of Activity Centres. These two commercial nodes perform a complementary function and, together, contain a range of facilities and serve a residential population catchment which is consistent with this sub regional designation. It is envisaged that the continued development of both nodes will result in a wider mix of activities and services being made available to their joint residential catchment.


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This LAP aims to provide for the sympathetic development of Burleigh Heads through, a diverse range of urban services and functions consistent with the hierarchy of the centre, to encourage residential development above ground level within the commercial core, and to promote development which is consistent with its seaside village theme. This LAP also aims to cater for a mix of tourist accommodation and service uses which are consistent with the scale of the Burleigh Heads centre. The West Burleigh node is centred on the Burleigh Town Marketplace shopping centre, which is the major service node in this area, for retailing activities and a range of community service functions. Further development is envisaged, consistent with the scale of the centre and its overall position in the centre hierarchy of the City. Development of an increased diversity of activities, including residential use is expected in this centre. Both Burleigh Heads and the Burleigh Town Marketplace nodes have capacity for redevelopment. No further land is to be converted to commercial purposes in this area. The Burleigh commercial corridor, linking the two nodes, is intended to function as a location for complementary support services for the two major commercial nodes.”

The intended land use statement for the Fringe Business Precinct of the Burleigh Local Area Plan reads:

“This precinct comprises three separate Fringe Business areas located along the West Burleigh Road/Reedy Creek Road corridor, surrounding and linking the major commercial core areas of the LAP. This precinct is shown on Burleigh LAP Map 5.2 – Precincts. This precinct currently accommodates a range of light industrial and bulk retailing activities. The intent of this LAP is to allow this precinct to continue to be used for such purposes. It is also envisaged that this precinct will provide a location for support services for the activities located in Precincts 1 and 2. It is not intended to accommodate high intensity commercial activities in Precinct 4. This precinct is to be further developed for high quality showroom, bulk retailing and light industrial developments which are visually attractive, utilise a distinctive urban design and clearly address streets and public areas. New developments will not be dominated by ground level parking areas or unsympathetic advertising devices. Vehicle parking areas will be placed either behind or beside building structures, with buildings placed close to street frontages. High quality landscaping, including regularly spaced shade trees, will be required within car park areas so as to present an attractive street aspect and to ensure that car parking areas remain attractive and functional. Provision for advertising devices will be incorporated into building designs so as to minimise the need for unsympathetic signage. Freestanding signs will be required to be of a size, scale and design which is sympathetic to the building to which it relates. Multi-tenant signs will be required for developments consisting of more than one business premises to avoid a proliferation of freestanding signs. Connectivity between individual sites will be encouraged through the use of attractive pedestrian and cycle paths.


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Residential development in a mixed use format is acceptable within this precinct, where it can be clearly demonstrated that reasonable levels of residential amenity can be achieved and such development will not jeopardise the ability to conduct legitimate light industrial activities on adjacent sites.”

Officer Comment

Whilst the proposal seeks to introduce a retail shop, the proposed development is considered to comply with the intent of the Fringe Business Precinct, based on the following grounds:

The proposal provides a commercial service in Burleigh, to a scale and intensity which does not conflict with Burleigh Local Area Plan Desired Environmental Outcomes.

The predominant use of the tenancy of Warehouse will continue to operate in conjunction with the proposed small scale Shop which is consistent with the Planning Scheme.

As discussed in further detail in the report below, Council Officers consider that the proposed development, subject to the recommended conditions of approval will not produce unacceptable impacts that would adversely impact upon the amenity afforded to the surrounding area.

The Shop will be limited to a total gross floor area of 41m² and therefore will not result in a high intensity commercial activity. Additionally, due to the nature of the facility and goods sold, it is better suited in areas away from major commercial activity centres. The use will be limited to a Gun Shop in the scope of the approved land use definition to avoid a new tenant in the future using the unit for more intensive purposes.

The proposal will not result in any additional land being converted into commercial purposes as the subject tenancy will be established in an existing commercial building. No external building work or alteration is proposed to the existing car parking arrangements, which will ensure the existing visual amenity and character of the location is preserved.

The existing surrounding properties with a direct frontage to West Burleigh Road are characterised by a mixture of commercial and residential land uses. A commercial type land use on the site would therefore be consistent with the character of the immediate area. It should be noted that Lot 17, the tenancy next to the subject unit is currently an existing supplement Shop.

Considering the small scale operation and unique characteristics of the subject Shop, locating the proposed retail establishment outside of a centre will not compete or undermine the viability of nearby centres.

The assessment of this application has identified and considered potential car parking impacts that the proposed development may have on existing tenancies on site and in the surrounding area. Such impacts, as discussed in detail within this report, are not considered to adversely impact the nearby premises. Furthermore, through conditions of approval relating to the scale, intensity and on-going operation of the proposal, Council officers are satisfied that the Shop will not create an unreasonable disturbance on adjoining properties or tenancies on site. Therefore, the reasonable amenity expectations of the local community will be maintained.

As such, it is considered that the proposed development satisfies both the intent of the Burleigh Local Area Plan and the Fringe Business Precinct.


87 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 Compliance with the Burleigh Local Area Plan place code The proposal complies with all of the Place code’s Acceptable solutions and Performance criteria, except as follows:

Performance criteria Acceptable solution

PC26 Car parking and access requirements must ensure that the vehicular and pedestrian needs associated with development are adequately accommodated.

AS26.1.1 Car parking is provided at the standard car parking rates specified in Constraint Code 4 – Car Parking, Access and Transport Integration. OR AS26.1.4 In Precincts 4, 5, 6 and 7 at least 80% of the standard car parking requirement from Constraint Code 4 – Car Parking, Access and Transport Integration.

Car Parking, Access and Transport Integration The proposal complies with all of the Constraint Code’s Acceptable solutions and Performance criteria, except as follows:

PC16

Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles. Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or redevelopment over time to a variety of uses, increased densities or increased employment intensity.

AS16.1

Car parking is provided in accordance with the number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1.

Acceptable Solution

The standard car parking requirement pursuant to the Car Parking, Access and Transport Integration Constraint Code is 2.73 (rounded to 3) car parking spaces and 80% of 3 is 2.18. Given that parking is rounded up, the number of car parking spaces required is still for both Acceptable Solutions three (3). It is relevant to note that under the City Plan a Shop requires 1 space per 20sqm. The proposed shop of 41sqm would therefore also require 2.05 (rounded to 3).


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 As per the 2003 Planning Scheme’s definition of Gross Floor Area (GFA), certain areas are excluded from GFA for the purpose of car parking calculation. These areas are excluded on the basis that they are not considered to contribute to car parking demand. In general, this is because these areas are used either by staff or customers, and are ancillary to the primary mode of business. Therefore, it is assumed that these people are already on-site, and do not contribute additionally to the generation of car parking demand. ‘Staff Recreation Areas’ are a listed exclusion. Therefore, this area is excluded from the GFA for the purposes of determining car parking requirements. The proposed ‘Boardroom’ has also been excluded from the GFA, to be consistent with the intent of the listed exclusions. This is on the basis that the Boardroom is considered ancillary to the business, in that it would be used by the staff of the business. On this basis, this area is not considered to generate an independent demand for car parking.

Under the provisions of the planning scheme at the time of building approval, parking ratios appear to have been calculated a 1 space per 50sqm GFA for the existing Warehouse. As such, based on the GFA of both the Shop (41sqm) and Warehouse (147.3sqm), the parking demand for both uses equates to a total of (6) spaces. Unit 15 has a fair entitlement of four (4) car parks based on average allocation. This equates to a shortfall of two (2) off street car parking spaces and therefore compliance with AS26.1.4 of the Burleigh Local Area Plan and AS16.1 of the Car Parking, Access and Transport Integration Code is not achieved. As such, the applicant proposes a performance based solution to be tested against the abovementioned Performance Criteria.

Officer’s Comment:

It is important to note the following regarding the subject premises:

In the 22 March 2016 submission of objection from Burleigh Commercial Centre CTS35249, it is acknowledged in an attached 8 October 2015 letter of consent for this MCU application that there are 81 unallocated bays of which unit 15 has a fair entitlement of 4 bays based on an averaged allocation.

The applicant stated in the original MCU application material that there will be a maximum of 2 staff.

Council’s records indicate three (3) other development approvals at the subject site. These include a medical centre and motor vehicle repairs land uses. The medical centre was approved through the P&E court and a parking relaxation of 7 space applied (3 provided when 10 required). Both of the approved motor vehicle repairs land uses were conditioned on the basis that the CMS was changed to provide all car parking in a pooled arrangement to optimise the use of parking across the site with changes in use. One of the motor vehicle repairs uses appears to have ceased operation (unit 12).

The motor vehicle repairs land use in a 177sqm GFA tenancy 12 that no longer operates would have required an additional 8.26 (9) spaces more than the previous warehouse land use. Comparatively, the proposed shop MCU would only require an additional (2) spaces more than the current warehouse land use.

It would therefore be unreasonable to refuse the application solely based on such a minor shortfall of car parking, which could be accommodated for within a pooled supply of parking, when other approvals have been given on the subject site with a condition requiring changes to the CMS to provide a pooled parking environment.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 Additionally, the proposed development is an existing premises and is an adaptive reuse of an existing building for a small scale Shop to operate in conjunction within an existing Warehouse. The proposed Shop (Gun Shop) is not akin to the function of a typical retail Shop due to the nature of the goods sold and a likely minimal generation of traffic. It is considered that a proposal of this nature is better suited in a fringe business area away from a major activity centres due to potential negative social, amenity and security impacts. Further, the use is modest in terms of scale and intensity.

As the tenancy is at the front of the development fronting West Burleigh Road, it is likely that some of the parking demand for the proposal can be accommodated both on West Burleigh Road as well as the parking available on site. Notwithstanding, Officers have recommended conditions of approval ensuring the use cannot exceed 41sqm. Conditions will also require barriers between the shop and warehouse and an amended Body Corporate Agreement be submitted to ensure all car parking spaces are freely accessible to accommodate the vehicles of persons employed on the site for the time the development is open for business and those of bona fide visitors for the duration of any visit to the site.

In summary, the proposal is considered to satisfy the above PC’s as the site and immediate area has the ability to provide car parking for the needs of the development, subject to conditions and amendments to ensure no detrimental impacts are caused to the local area.


Retail and Related Establishments The proposal complies with all of the 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 Car Parking, Access and Transport Integration As discussed above, the proposed development is not considered to result in undue impacts on the amenity of the local area as a result of traffic. Council’s Transport Assessment section have assessed the proposed development and determined that the existing car parking supply has the capacity to accommodate the expected traffic volumes generated by the Shop, subject to conditions included in the Officer’s recommendation.

It is considered that the recommended conditions of approval included in the Officer’s recommendation will give Council Officers assurance that traffic from the development is minimised in accordance with the requirements of the Planning Scheme. 8 State Planning Policy The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended July 2014) to simplify and clarify matters of state interest in land use planning and development. It is considered that the provisions of the SPP have been appropriately reflected within the requirements of the Planning Scheme. No specific provisions of the SPP affect Council’s assessment of the proposed development.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 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 CONSULTATION Internal Referrals The application was referred to the following internal City specialists:

Transport Impact Assessment

Their assessment of the application forms part of this report.

12 External Referrals

12.1 Concurrence agencies The application was referred to the Department of Infrastructure, Local Government and Planning for development impacting on State transport infrastructure. A response dated 27 November 2015, advised that the State has no requirements for the application (SARA reference: SDA-1015-025241)

13 DEVELOPMENT INFRASTRUCTURE

The Developer Contributions Group has advised that there are no infrastructure charges applicable for the subject application in accordance with section 5.1 of the charges resolution listed below:.

5.1. Adopted infrastructure charges will not be levied for changes of use

within existing buildings where:-

a) the new approved development does not involve additional

gross floor area (“GFA”); and

b) all previously levied infrastructure charges have been paid in

full; and

c) a lawful land use has been established in the existing building

within the last four years.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 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 advertising, 209 objections were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Car Parking As discussed previously within this report, the proposed

development is not considered to result in unreasonable traffic impacts within the local area. Council Officers have assessed the proposed development and determined that the local road network has the capacity to accommodate the expected traffic volumes generated by the proposed development and the proposal provides sufficient car parking to meet the needs of the development, subject to conditions. It is recommended that specific conditions of approval be imposed on the development permit to manage the potential traffic and car parking impacts of the development. The conditions relate to the maximum staff on site to be limited to two (2) people and that use must not exceed 41m². The point raised has been addressed through conditions or amendments to the application. Therefore, it is determined that the grounds presented within the objection have been adequately dealt with through the assessment of the application and the subsequent recommendations.

Land Use As discussed previously within this report, the proposed development is considered to be generally consistent with the intent of the Fringe Business Precinct. It is acknowledged that there are existing commercial activities in the immediate area. Therefore, it is considered the area is suitable for a small scale Shop with the proposal being consistent with the character of the area. The proposed Shop (Gun Shop) is not akin to the function of a typical retail Shop due to the nature of the products sold, the way people use the Shop and likely minimal generation of traffic. It is considered that a proposal of this nature is better suited in a fringe business area away from a major activity centre due to potential negative social, amenity and security impacts. Further, the use is modest in terms of scale and intensity. The point raised has been addressed through conditions or amendments to the application. Therefore, it is determined that the grounds presented within the objection have been adequately dealt with through the assessment of the application and the subsequent recommendations.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 Crime Officers cannot conclude or assume that a Shop of this

nature will have a direct correlation with an increase level of crime as this is speculation only. It is relevant to note that the proposed recommendation does not approve any guns to be sold from the premises, rather that a Shop land use is allowable at the size and scale on the site. The applicant must obtain separate licences and approvals from other authorities to permit the sale of guns.

Scale The scale and intensity of the proposal has been assessed and determined to be satisfactory in relation to protecting the amenity of the local area with regard to traffic, subject to the recommended conditions of approval. Conditions are recommended which state that no more than two (2) staff can be on site at any one time and that the maximum GFA of the shop must not exceed 41m². Section 324 of the Sustainable Planning Act 2009 provides Council with the ability as the Assessment Manager to approve development subject to conditions. This is not limited and provides the Assessment Manager with the capability to condition the scale and intensity of a use. Such conditions regarding the maximum amount of persons will be required to be complied with. If more than two (2) staff are present at the site at any one time, the applicant will be in contravention of the development approval.

Misleading Information Officers have reviewed the applicant’s planning report as part of the assessment, but did not rely solely upon the information within the report when carrying out an assessment and recommendation.

Body Corporate Consent Officers have reviewed the applicant’s common material and confirm that the application has met the requirements for a ‘properly made’ application. Additionally, Officers cannot conclude or assume that the operator will not adhere to the Body Corporate conditions of the consent to lodge the development application as this is speculation only.

Unlawful use of ‘Educational Establishment’ on site.

On 8 April 2016, City of Gold Coast issued a letter stating that any operation of an Educational Establishment in Unit 15/99 West Burleigh Road, Burleigh Heads must cease immediately and any further activity will result in immediate enforcement action. Officers are satisfied that the use of ‘Educational Establishment’ has ceased on site.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 15 CONCLUSION After a detailed review, it has been determined that the proposal provides an acceptable outcome that complies with the intent of the Fringe Business Precinct of the Burleigh Local Area Plan, subject to conditions of approval to control the scale and on-going operation of the proposal.

The application is therefore recommended for approval subject to the conditions of approval in the Officer's Recommendation.

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

Real property description Lot 16 on SP190455 & Lot 0 on SP190455 Address of property Unit 15, 99 West Burleigh Road, Burleigh Waters Area of property 278m² Decision type Development Permit for a material change of use for

a Shop (Gun Shop 41m²) Further development permits Building Works Further compliance permits Plumbing and Drainage 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 Shop (Gun Shop 41m²), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by Sheet 2 B Floor Plan 2/02/16 Design & Drafting Services



94 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 2 Maximum gross floor area of Shop

a The gross floor area of the use must not exceed 41m2, calculated in accordance with the definition of ‘Gross Floor Area’ in the Planning Scheme applying at the date of this decision notice.

b The applicant must submit evidence to Council’s satisfaction that the Gross Floor Area of the Shop does not exceed 41m² post establishment of the use.

c Partitions and barriers must be installed to ensure distinction between the Shop and Warehouse land uses.

Timing (a & c) At all times.

Timing (b) Prior to the commencement of the use

WORKS - COMPLIANCE

3 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 commencement of the use.

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

The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.


5 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.



95 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 6 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.


7 Notice of commencement 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 a suitable contact person to arrange a site inspection;

d The estimated commencement date for the use. The notification is to be sent to Council’s Development Compliance Team Leader (fax: 07 5596 8080; phone: 07 5582 8184). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at www.goldcoast.qld.gov.au/forms (Building & Development).

Timing At least 10 business days prior to the commencement of the approved use on the site.


8 Maximum staff numbers No more than two (2) staff may be present on the site at any one time.

Timing At all times once the use has commenced.

9 Revised community management scheme- freely accessible car parking

Submit a revised Body Corporate Agreement (BCA) / Community Management Scheme (CMS) for Burleigh Commercial Centre at 99 West Burleigh Road, Burleigh Waters incorporating the following:

a stating that ‘all car parking spaces shall be provided so as to be freely accessible, removing all signage relating to the allocation of car parking so as to accommodate the vehicles of persons employed on the site for the time the development is open for business and those of bona fide visitors for the duration of any visit to the site’.

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


96 Adopted Report


b The revised Body Corporate Agreement (BCA) / Community Management Scheme (CMS) shall be undertaken at no cost to Council and submitted to the City for approval prior to the commencement of the use.

AMENITY

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


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


ADVERTISING DEVICES

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


PLUMBING AND DRAINAGE

13 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage

works within the property; b comply with Council’s:

i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

Guidelines); and c comply with Council’s Waste Management Policy

Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note:



97 Adopted Report


Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.

14 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water

services within the property; and b comply with Section 7 of Council’s Land Development

Guidelines. Information note:




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. Any referral agency conditions are identified in the conditions of approval.

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

PO Box 3290, Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State controlled road matters

D Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.


98 Adopted Report


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

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








99 Adopted Report


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

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

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

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


Scott Barrett Dyan Currie Planning Officer Director Planning and Environment April 2016


100 Adopted Report


Committee Recommendation Adopted At Council 24 May 2016 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0520.002 moved Cr Owen-Jones seconded Cr Caldwell That Council resolves as follows:

Real property description Lot 16 on SP190455 & Lot 0 on SP190455 Address of property Unit 15, 99 West Burleigh Road, Burleigh Waters Area of property 278m² Decision type Development Permit for a material change of use for

a Shop (Gun Shop 41m²) Further development permits Building Works Further compliance permits Plumbing and Drainage 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

Shop (Gun Shop 41m²), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by Sheet 2 B Floor Plan 2/02/16 Design & Drafting Services


2 Maximum gross floor area of Shop a The gross floor area of the use must not exceed 41m2,

calculated in accordance with the definition of ‘Gross Floor Area’ in the Planning Scheme applying at the date of this decision notice.

b The applicant must submit evidence to Council’s satisfaction that the Gross Floor Area of the Shop does not exceed 41m² post establishment of the use.

c Partitions and barriers must be installed to ensure distinction between the Shop and Warehouse land uses.

Timing (a & c) At all times.

Timing (b) Prior to the commencement of the use


101 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 WORKS - COMPLIANCE

3 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 commencement of the use.

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






7 Notice of commencement The applicant must give Council written notice of the following:

Timing At least 10 business days prior to the commencement of the


102 Adopted Report


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

the a suitable contact person to arrange a site inspection;

d The estimated commencement date for the use. The notification is to be sent to Council’s Development Compliance Team Leader (fax: 07 5596 8080; phone: 07 5582 8184). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at www.goldcoast.qld.gov.au/forms (Building & Development).

approved use on the site.

CAR PARKING AND ACCESS 8 Maximum staff numbers

No more than two (2) staff may be present on the site at any one time.


9 Revised community management scheme- freely accessible car parking

Submit a revised Body Corporate Agreement (BCA) / Community Management Scheme (CMS) for Burleigh Commercial Centre at 99 West Burleigh Road, Burleigh Waters incorporating the following: a stating that ‘all car parking spaces shall be provided so

as to be freely accessible, removing all signage relating to the allocation of car parking so as to accommodate the vehicles of persons employed on the site for the time the development is open for business and those of bona fide visitors for the duration of any visit to the site’.

b The revised Body Corporate Agreement (BCA) / Community Management Scheme (CMS) shall be undertaken at no cost to Council and submitted to the City for approval prior to the commencement of the use.

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

AMENITY 10 Restricted paint colours

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





103 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 ADVERTISING DEVICES 12 Advertising device approval required

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


PLUMBING AND DRAINAGE 13 Application for compliance permit for sewerage works

required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage





Information note: • Sewerage works must not be carried out until a

compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

• Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.



services within the property; and



104 Adopted Report


b comply with Section 7 of Council’s Land Development Guidelines.

Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

15 Hours of operation All activities associated with the operation of the use are to be conducted only between the hours of 8:00 am to 6:00 pm on Monday to Friday, 9:00am-5:00pm Saturday and 9:00am-12:00pm Sunday.


16 Security measures The applicant must implement security measures and procedures to promote the safety of staff during all hours for the use (such as: use of security alarms; and provision of duress/ panic buttons).


17 CCTV CCTV surveillance is to operate at all times when the use is operational. All CCTV footage recorded on the premises must be retained for a minimum period of 30 days and provided to Police upon request.


18 Advertising a The applicant shall ensure that all advertising devices

are static and have no characteristic indicating the premise is a Gun Shop. No neon or illuminated signage is permitted.

b The applicant shall ensure that only one (1) sign is displayed for the Shop (Gun Shop). The sign shall be affixed to the premises and shall not display words or images that explicitly promote the sale of guns to the satisfaction of the Chief Executive Officer.


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. Any referral agency conditions are identified in the conditions of approval.

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




105 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 D Properly made submissions

There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.


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








106 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR SHOP (GUN SHOP 41M²) – LOT 0 ON SP190455 & LOT 16 ON SP190455 - UNIT 15, 99 WEST BURLEIGH ROAD, BURLEIGH WATERS - DIVISION 12 PN286579/01/DA1 G Indigenous cultural heritage legislation and duty of care requirement


H Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

A division was called For: Cr C M Caldwell, Cr P A Taylor, Cr G O'Neill, Cr P J Young Against: Cr H Vorster Absent: Cr G Baildon, Cr D Gates Abstained: CARRIED ADOPTED AT COUNCIL 24 MAY 2016 RESOLUTION G16.0524.018 moved Cr W Owen-Jones seconded Cr C Caldwell

That Committee Recommendation CP16.0520.002 be adopted as printed.

CARRIED


107 Adopted Report

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

GCCC Maps

0 52 104 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.


108 Adopted Report

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WEST BURLEIGH ROAD

WEST BURLEIGH ROAD

WEST BURLEIGH ROAD

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block fblock fblock fblock f

unit 15unit 15unit 15unit 15

concrete path

landscaping

15 p

arkin

g b

ays

unit 16

unit 14

unit 13

driveway

DRAWING

LOCATION

email [email protected] (07) 55 724 457 m 0419 228424QBSA Lics. No. 62679

design & drafting services

dlh

CHECK ALL DIMENSIONS BEFORE COMMENCEMENTOF CONSTRUCTION.

REFERENCE #

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AB

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109 Adopted Report

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UP UP

wc

WAREHOUSE

820

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secure foyersecure foyersecure foyersecure foyer

STAFF REC AREA

lunch room

receptionoffice

board room

wc

kitchenette

820

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STORAGE

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AB

11/11/152/2/16

GROUND FLOORGROUND FLOORGROUND FLOORGROUND FLOOR

AREA SCHEDULEAREA SCHEDULEAREA SCHEDULEAREA SCHEDULE

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ground floor shop 41.0 m²

ground floor toilet 4.7 m²

ground floor

warehouse

83.1 m²

upper floor lunch

room

38.2 m²

upper floor offices 43.1 m²

upper floor rec area 45.5 m²

upper floor reception 21.1 m²

upper floor toilet 2.3 m²

Grand total 279.1 m²

MEZZANINE LEVELMEZZANINE LEVELMEZZANINE LEVELMEZZANINE LEVEL


110 Adopted Report

ITEM 3 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1


1 OVERVIEW Site address 2125 Gold Coast Highway Miami

Application description Development Permit for Material Change of Use (Impact Assessment) for Medical Centre & Shop (Pharmacy)


Proposal

The development involves the establishment of a two (2) storey with (partial third storey) Medical Centre and Shop (Pharmacy) on the ground floor. Summary of Development Parameters

Total Gross Floor Area Medical Centre- 1,466.34m² Shop (Pharmacy)- 114m²

Total- 1,580.34m² GFA Building Height Two (2) storeys with a partial

third storey (10 metres to roof)

Site Coverage

Ground- 44% Level 1- 55% Level 2- 49.93%

Car Parking and Bicycle Parking

57 car parking spaces

6 motorcycle spaces

7 bicycle spaces

Building Setbacks Ground Level

North- 3m

West- 1m(south west) and 1.8m (north west)

South- 10m

East- 0.6 (basement),1.1m (south east) and 3.6m (north east)

Level 1 & 2

North- 3.4m

West- 2.4m (northern point)

East- 3m

South- 9m to building


111 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Main Considerations/ Resolution

Consideration Resolution

Building Height- exceeds the 2 storey building height

Supported.

The building exceeds two storeys due to the partial third storey and the Gross Floor Area of the partial storey does not exceed 50% of GFA of the storey immediately below. This is consistent with Table B: Material Change of Use Overlay Code Assessable Provisions for building height for the Residential Choice Domain Additionally, Officers are satisfied that the proposed building design and landscape treatments protect existing residential amenity and will not adversely impact upon the character of the area.

Building Setbacks and Site Coverage

Supported. Sufficient landscape and architectural treatments provide an aesthetically pleasing outcome to the all frontages. The built form has been amended through extensive negotiations with the applicant and is now designed in a manner that is respectful of adjoining residential properties and of the existing built form character within the area. The built form is not considered to be austere, bulky or visually intrusive. The introduction of a Shop on the ground level and the reduced setbacks will aid in creating an active and well utilised space. The setbacks to all boundaries are


112 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1

sufficient enough to incorporate an acceptable landscape and design resolution. The building floor plans have been well designed to ensure all spaces are oriented to the west away from the eastern residential properties to reduce impacts on existing privacy levels. Additionally, the allowable site coverage up to 8 storeys is 50% under the current City Plan. Officers deem it appropriate to have regard to the City Plan as it now represents the current policy position and strategic planning intent of Council. As such, the developments ground and level 2 site cover complies with the requirement under the City Plan.

Car Parking & Access Supported. The Acceptable Solution pursuant to the Gold Coast Planning Scheme 2003 Car Parking, Access and Transport Integration Constraint Code would require a total of 60 off-street car parking spaces (52 spaces for the Medical Centre and 8 spaces for the Shop). To comply with Acceptable Outcome of the Transport Code under the current City Plan, the development would require a total of 58 off-street car parking spaces (52 spaces for the Medical Centre and 6 spaces for the Shop). Plans show provision for 57 parking spaces on-site. Officers have reviewed the development and the Applicant has proposed an


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alternative solution to achieve compliance with the Performance Criteria, by utilising the car parking rates prescribed by the City Plan. Officers deem it appropriate to utilise the rates of the City Plan as it now represents the current policy position and strategic planning intent of Council.

Additionally, given that the proposed uses will be complementary (Medical Centre and Pharmacy), the likelihood is that some reduction in parking demand would be evident. Officers are supportive of the effective one (1) space shortfall on this basis.

In addition, plans show provision for a total of 6 motorcycle parking spaces in addition to car parking spaces (2 in the Basement 1 and 4 in Basement 2). This provides opportunities for alternative travel modes, which will reduce the use of passenger vehicles.

Access The subject site is located with frontage to the Gold Coast Highway, with access from Messines Crescent. The development is expected to generate up to 150 peak hour vehicle trips. Messines Crescent is left-in/left-out at the Gold Coast Highway. Traffic arriving from the south is able to perform a u-turn at Pacific Avenue (approximately 400 m north of the site). Likewise, traffic leaving the development and wanting to head north can perform a u-turn at Riviera Place (approximately 50 m


114 Adopted Report


south of the development). Some proportion of development traffic may use Riviera Road and Messines Crescent to access the site, as an alternative route. However, given the location of u-turn provisions along the Gold Coast Highway within close proximity of the site, it is expected that this would represent a small proportion of development traffic overall.

Council Officers requested that the applicant investigate an amendment to the current access point off Messines Crescent to Gold Coast Highway.

The applicant provided a detailed objection from the State in respect to a new access point from the State Controlled Road (Gold Coast Highway) discussed further in section 12.1 below.

Submissions

Objections Support Thirty three (33) properly made objections Nineteen (19) not properly made objections

N/A N/A


Building height, land use, scale of development, built form, traffic, access, noise, increase crime and construction impacts

Referral agencies Department of Infrastructure, Local Government and Planning- State controlled road- Approval subject to a condition relating to access off Gold Coast Highway.

Officer's recommendation Approval


115 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT




11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 Open Space Assessment 11.5 Architect 11.6 Gold Coast Water 11.7 City Infrastructure 11.8 Plumbing and Drainage 11.11 Hydraulics and Water Quality 11.14 Landscape Assessment 11.16 Geotechnical Engineering

12 EXTERNAL REFERRALS 12.1 Concurrence agencies

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


116 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 2 EXECUTIVE SUMMARY Pursuant to the Gold Coast Planning Scheme, the subject site is located within the Residential Choice Domain.

The proposed development has been assessed against the relevant Acceptable solutions listed within the Residential Choice Domain Place code and applicable Constraint codes of the Gold Coast Planning Scheme 2003. Council’s assessment has established that the proposed Alternative Solutions suitably comply with the various Performance criteria of the Planning Scheme codes.

In response to public notification, thirty-three (33) properly made and nineteen (19) not properly made submissions were received. The points of objection related to building height, traffic, access, scale, commercial use, built form and construction impacts. The tabled objections have been discussed in the report below and the points raised have been addressed through conditions or amendments to the application. Therefore it is determined that the grounds presented within the objections have been adequately dealt with through the assessment of the application and subsequent recommendations.

The application was referred to the Department of Infrastructure, Local Government and Planning (DILGP) as a Concurrence Agency having regard to the proposed development adjoining a State Controlled Road (Gold Coast Highway). DILGP provided conditions that there is to be no access from the Gold Coast Highway. This has been discussed in more detail herein.

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

3 APPLICATION INFORMATION

Real property description Lot 200 on SP215703 Applicant Mk 11 Developments Pty Ltd C/- Grummitt Planning

Pty Ltd Owner at time of lodgement Zanview Pty Ltd & Dalerate Pty Ltd Current owner Zanview Pty Ltd & Dalerate Pty Ltd Site area 1,272m² Date application received 8 September 2015 Date entered decision 23 December 2015 City Plan Domain

Medium Density Residential Zone Residential Choice Domain

Decision type Development Permit for Material Change of Use (Impact Assessment) for Medical Centre & Shop (Pharmacy)

4 BACKGROUND Council records do not indicate any relevant Town Planning history for the subject site.

5 PROPOSAL The Application is seeking a Development Permit for Material Change of Use for Medical Centre and Shop (Pharmacy).


117 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Medical Clinic The specialist medical clinic comprises a total of 1,580.34m² of Gross Floor Area (GFA) and will specialise in physio, rehabilitation, pathology and radiology. The specialist medical clinic is expected to have up to 25 staff with patient numbers not exceeding 18 at any one time. The medical clinic has been configured to provide the following: Ground Floor Reception/Waiting Area; Pharmacy; Radiology; Lift/Amenities; First Floor Eleven (11) Consultation Rooms; Theatres/Recovery Rooms; Administration Office; Pathology Second Floor Reception; and Physio The Hours of Operation will be from 8am-8pm Monday to Saturday and 8am-Noon Sunday.


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Image 1- Perspective from Messines Crescent and Gold Coast Highway.

Image 2- Ground Floor Plan


119 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 The development proposes a maximum height of 10 metres and will accommodate two (2) levels of basement car parking and a ground level Shop (Pharmacy).

Access and Car parking

Access to the site is proposed from a single vehicle crossover off Messines Crescent.

The development provides a total of 57 car parking spaces, 6 motorcycle spaces and 7 bicycles spaces distributed as follows:

Basement Level 1 – spaces 1 to 25

Basement Level 2 – spaces 26 to 51

Ground Floor – spaces 52 to 57

Building Setbacks

The approximate measurements below represent the minimum setbacks proposed:

Ground Level

North- 3m


South- 10m

East- 0.6 (basement),1.1m (south east) and 3.6m (north east) Level 1 & 2

North- 3.4m


East- 3m

South- 9m to building Waste

The development proposes to store the bulk refuse bins on the ground level, with the bins being moved by the manager to a location adjacent to the driveway for collection.

Water and Sewer

In respect to water, the development is proposing to connect to the existing main located along Messines Crescent.

In respect to sewer, the development is proposing to connect to the existing main located along the northern property boundary.

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 2125 Gold Coast Highway, Miami, properly described as Lot 200 on SP215703. The site has a total area of 1,272m² and is located within the Residential Choice Domain under the Gold Coast Planning Scheme 2003 and Medium Density Residential Zone under the City Plan.

The site consists of one (1) corner allotment that forms a rectangular configuration with a frontage of 47 metres onto Gold Coast Highway and 27 metres onto Messines Crescent. The subject site is currently vacant, void of any significant vegetation and is flat in topography


120 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 The site is encumbered by an existing sewer main located along the northern boundary of the site.

Image 3- View from the corner of Gold Coast Highway and Messines Crescent

Image 4- View from the corner of Gold Coast Highway and Messines Crescent looking north to the Gold Coast Highway


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Image 5- Looking north up Schuster Avenue

6.2 Characteristics of surrounding environment The immediate area is characterised by a range of different uses that varies from residential development, to commercial and retail land uses.

Within the surrounding area there is a mix of commercial land uses that front the Gold Coast Highway that offer different services to the surrounding residential area. Predominately however, land uses within the site’s immediate surroundings are residential with a mixture of Detached Dwellings, Duplexes (and Attached dwellings), and small unit complexes ranging in age.

More specifically:

North & East

Schuster Avenue;

An existing Service Station;

Miami State High School;

Nobbys Beach commercial core;

The Ocean; and

Residential development comprising a mixture of attached and detached dwellings West

The site abuts Gold Coast Highway;

A mixture of commerical uses located along Gold Coast Highway; and

Existing residential development South

The site abuts Messines Crescent; and

An existing motel & further residential development


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Image 6- Site Aerial and Zones

Subject Site


123 Adopted Report


Image 7- Site Aerial

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions The subject site is identified within

the Urban Footprint and as such does not trigger assessment against the South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions.

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


Not Applicable.

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

area—all master plans for the area Not Applicable.

Subject Site


124 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 a temporary local planning instrument Not Applicable. an earlier preliminary approval to which section

242 applies Not Applicable.

a planning scheme Refer to section 7.2- Planning Scheme Assessment below.

the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure charges for the proposed development are levied under the infrastructure charges resolution by way of an infrastructure charges notice. Refer to section 13 below.


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


Refer to section 4- Background and section 6- Site and Surrounding Environment.

any referral agency’s response for the application Refer to section 12- External Referrals.

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.


Residential Choice Domain

Gold Coast Airport and Aviation Facilities


Retail and Related Establishments

Landscape Works Works for Infrastructure

Relationship to the Domain or LAP The subject site is located in the Residential Choice Domain.

Pursuant to the Planning Scheme, the proposed land uses are defined as Medical Centre and Shop:


125 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Medical Centre

‘Any premises used, or intended to be used, for the medical care or treatment of persons not resident on the site. This term includes a first aid station, a maternal and child welfare clinic, a nursing service, an ambulance station and premises used or intended to be used by a chiropodist, chiropractor, dentist, medical practitioner, optometrist, pathologist, physiotherapist or radiologist, in the practice of that profession or by practitioners of alternative therapies. This term does not include a Home Occupation, a Hospital, and Aged Persons Accommodation.’

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.’

A proposal for a Medical Centre is a listed land use whereas a Shop is unlisted. As such, the application triggers impact assessment pursuant to table of development A (material change of use).

The intent statement for the Residential Choice Domain reads:

“This domain seeks to support the provision of a range of housing choice that is responsive to the changing demographic structure of the City, whilst maintaining an efficient land use pattern. The purpose of this domain is to support the development of a residential pattern comprising mixed dwelling types, including detached dwellings, attached dwellings and apartment buildings that relate well to each other. This domain seeks to:

support residential densities that are moderately higher than traditional detached dwelling areas;

facilitate a wide variety of home office, home occupation and residential support services to be located within the domain, commensurate with local residents' needs; and

achieve a high standard of residential amenity across the range of dwelling types in the domain.

Officer’s Comment Whilst the proposal seeks to introduce non-residential land uses, a Medical Centre is a listed land use in the table of development for the Residential Choice Domain and while not specifically mentioned in the intent it is still contemplated within this Domain. It is considered that the use plays a significant support role to existing residential uses. Additionally, the proposal is considered to accord with the intent based on the following grounds:

The proposed development will provide an opportunity for an essential residential support service to be established in a prominent highly exposed corner location that is close to permanent residential and a major thoroughfare.

The proposal is a medium sized commercial and retail building located along the Gold Coast Highway. The development has been through a rigorous architectural design critique and improvements have been made.


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This has resulted in an acceptable building outcome that has an appropriate scale to the Highway as well as a sensitive transition and gateway into the low density, low scale residential neighbourhood in which it is located.

The existing surrounding properties with a direct frontage to Gold Coast Highway are characterised by a mixture of commercial and residential land uses. The land use for many of these properties is largely a result of the nature of Gold Coast Highway, with its high exposure to passing traffic, accessibility and the reduced amenity levels caused by traffic noise.

A commercial type land use on the site would therefore be consistent with the character of the immediate area as the subject site and proposed development entails similar characteristics of many sites already converted for uses other than residential. Such characteristics include a direct frontage to Gold Coast Highway, exposure to high levels of traffic and accessibility.

As discussed in further detail in the report below, Council officers consider that the proposed development, subject to the recommended conditions will not produce unacceptable impacts which would adversely impact upon the amenity afforded to the surrounding area.

The building design includes deep planting areas along the northern, western and southern boundary as well as a 1.8 metre acoustic barrier along the eastern boundary of the site to protect the amenity of adjoining properties.

The proposed Shop (Pharmacy) is considered to be of a small scale with a total GFA of 114m². Additionally, it is considered a further residential support service within a local neighbourhood catchment and will operate in conjunction and complementary to the Medical Centre. The Shop (Pharmacy) cannot be varied from this specific use description without a further approval.

Compliance with the Residential Choice Domain place code Building Height

Performance Criteria Acceptable Solution PC1

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

AS1.1.1

The building has a maximum of two storeys.

OR

AS1.1.2

The subject site is designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height and the building does not exceed the indicated maximum building height.


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

AS6.1.1

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

OR

AS6.1.2

The subject site is designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height and the building does not exceed the indicated maximum building height.

OR

AS6.1.3

The subject site is not designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height and the building is not more than 11.5 metres in height, has a maximum of three storeys (including a partial third storey), and is set back at a minimum of 10 metres from all boundaries of the site.

Exempt Self Assessable Code Assessable Impact Assessable

Material Change of Use involving Building Work that:

exceeds two storeys due to the partial third storey and the GFA of the partial storey does not exceed 50% of the GFA of the storey immediately below, and the site is not in an area where a maximum building height exceeding two storeys is identified on Map OM6 – Maximum Building Height

exceeds two storeys (except for a partial third storey with less than 50% of the GFA of the storey immediately below), where the site is not in an area where a maximum building height exceeding two storeys is identified on Overlay Map OM6 – Maximum Building Height; OR exceeds the maximum number of storeys indicated for the site identified on Overlay Map OM6 – Maximum Building Height


128 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 The proposed building exceeds two (2) storeys with a partial third storey. As such, the proposed development provides an alternative solution to achieve PC1 & PC6 of the Residential Choice Domain Place Code, which states:

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

Officer’s Comment The proposed development is considered to satisfy PC1 & PC6 for the reasons detailed below: The building proposed exceeds two storeys due to the partial third storey and the Gross

Floor Area of the partial storey does not exceed 50% of GFA of the storey immediately below (top floor is 339m² floor below 699m² therefore less than 50% of floor immediately below). This is consistent with the above Table B: Material Change of Use Overlay Code Assessable Provisions for building height for the Residential Choice Domain.

After extensive negotiations with the applicant the amended building design and landscape treatments are considered acceptable. Officers do not consider the development to result in any overbearing presence or provide a building form that is out of character with the nature of existing development, subject to the recommended conditions.

The built form outcome of the proposal is in response to the large site area and frontage to the Gold Coast Highway and is not beyond the scope of what could be developed within the Residential Choice Domain irrespective of the Medical Centre and Shop land use.

The amended building design and landscape treatments protect existing levels of visual amenity.

Based on the above, Officers consider the building height to comply with Performance Criteria 1 of the Residential Choice Domain.

Site Coverage

Performance Criteria Acceptable Solution PC3 The site coverage of all buildings must not result in a built form that is bulky and visually intrusive.

AS3.1.1 The site coverage does not exceed 50% of the site area where a detached dwelling is proposed. OR AS3.1.2 The site coverage does not exceed 40% of the site area for all other uses.

In relation to AS3.1.2, the Applicant is proposing a maximum site coverage of 55%, which exceeds the prescribed Acceptable Solution of 40%. As such, the applicant has proposed an Alternative Solution to address Performance Criteria 3.


129 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Officer’s Comment

The proposed development is considered to satisfy PC3 for the reasons detailed below: The amended design has allowed for areas of visual relief by incorporating green walls

and deep planting. There is articulation in the built form and a variety of colours and materials, in addition to landscaping treatments which contribute in achieving an outcome that reduces building bulk and is aesthetically pleasing for the locality.

The City Architect is supportive of the amended building design and provided the following comments: ‘The development has been through a rigorous architectural design critique and improvements have been made which have resulted in an acceptable building outcome that has an appropriate scale to the Highway as well as a sensitive transition and gateway into the low density, low scale residential neighbourhood in which it is located.

The over-sized signage (pylon sign) has been removed which has reduced the bulk and commercial scale of the building which is in the residential choice precinct.

The many elevational treatments have been simplified and elements used purposefully which has resulted in a refined outcome.

The third storey has been visually reduced through the use of glass walls and a low pitched thin roof and further by the use of glass balustrading to the western terrace and setting the planter boxes in from the edge of the eastern side.’

Furthermore, under the current City Plan the site coverage requirements up to 8 storeys are a cumulative total of 50%. As such, Officers deem it appropriate to have regard to the City Plan as it now represents the current policy position and strategic planning intent of Council. The development would therefore comply at ground and level 2 with the site coverage requirement under the City Plan.

Based on the above, the proposed development is considered to comply with Performance Criteria 3 of the Residential Choice Domain


130 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Building Setback


All buildings and covered car parking spaces must provide for setbacks from the street frontage and the side and rear boundaries of the site, which are appropriate to the efficient use of the site and the streetscape character of this domain.

AS4.1.1

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

AS4.1.2

The building (excluding covered car parking space associated with a Detached Dwelling) is set back from the side and rear boundaries at not less than:

1.5 metres, measured from the outermost projection of that part of the building which is 4.5 metres or less above ground level;

2 metres, measured from the outermost projection of that part of the building which is greater than 4.5 metres but not greater than 7.5 metres above ground level;

2 metres, plus 0.5 metres for every three metres or part thereof, measured from the outermost projection of that part of the building, which is greater than 7.5 metres above ground level.

OR

AS4.1.3

The building is setback in accordance with a specific development code that provides for a greater building setback.


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All buildings must provide for setbacks from the street frontage and the side and rear boundaries which are appropriate to the efficient use of the site and the streetscape character of this domain.

AS7.1.1

The building is on a subject site designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height and is set back in accordance with AS4.1.1.

OR

AS7.1.2

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

The approximate measurements below represent the minimum setbacks proposed:

Ground Level

North- 3m


South- 10m

East- 0.6 (basement),1.1m (south east) and 3.6m (north east) Level 1 & 2

North- 3.4m


East- 3m

South- 10m to building Officer’s Comment The building setbacks to the south are compliant whereas there are generally minor variations to the Acceptable Solution proposed to the north, west and east building setback requirements.

The building design has had due regard to the locational characteristics of the site and the configuration of the adjoining residential development. The site fronts a major road (Gold Coast Highway). Therefore the building has been orientated to the Gold Coast Highway with reduced setbacks to accommodate the commercial uses, which in turn activates the site's Gold Coast Highway frontage and ensures an appropriate interface to adjoining residential properties.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Amendments to the eastern, southern and western setback has allowed for opportunities for deep planting to ensure an attractive presentation to the street. The building setbacks inclusive of outdoor spaces to the eastern and northern boundaries are not expected to compromise the visual amenity or privacy of adjoining residential properties. Additionally, Officers have recommended a condition that all external areas on level two are non-accessible by staff and patients and limited to access for maintenance at all times only, to preserve existing privacy levels.

The design of the development ensures sufficient setbacks to neighbouring properties, adequate landscape treatments and a built form outcome that is not visually intrusive or detrimental to the existing streetscape character or residential amenity.

Based on the above, the proposed development is considered to comply with Performance Criteria 4 & 7 of the Residential Choice Domain.


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

Retail and Related Establishments Performance criteria Acceptable solution

PC3- Landscape Buffers

All buildings and ancillary structures must ensure that a reasonable standard of amenity is maintained for any adjoining residential activities or parkland.

AS3

The site adjoins a residential lot or public open space area, and the building or structure is set back a minimum of two metres from the common boundary with the residential lot or public open space, and the setback area includes:

a) a landscape buffer area consisting of screen planting at least 1.8 metres in height;

b) screen fences at least 1.8 metres in height.

Officer’s Comments:

Council’s Landscape Assessment section has reviewed the proposed development and considers the proposal to comply with the relevant Performance Criteria. Officers consider the proposed building and location of ancillary structures will promote a reasonable standard of amenity.

Please refer to section 11.14 for comments from Landscape Assessment regarding the development’s compliance.


133 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 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:

Gold Coast Airport and Aviation Facilities

Car Parking, Access and Transport Integration Gold Coast Airport and Aviation Facilities The proposal complies all of the relevant acceptable solutions and performance criteria. Car Parking, Access and Transport Integration Please refer to section 11.2 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 relevant 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.

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


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 14 September 2015.


134 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 List of available referrals for reference Health and Regulatory Services




City Architect

Gold Coast Water

City Infrastructure



Operational Works



Arborist


Beaches and Water


Social Planning


11.1 Health and Regulatory Services Health and Regulatory Services have assessed the proposed development and consider the development to comply with the relevant codes. Conditions of approval relating to acoustics and waste have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.2 Transport Assessment The following comments were provided from Transport Assessment:

‘Car Parking Provision

Car Parking, Access and Transport Integration Constraint Code

Performance Criteria Acceptable Solution

PC16

Sufficient car parking spaces must be provided to

meet the car parking needs of the development. The

number of car parking spaces provided must be

consistent with the practical opportunities available for shared car parking provision and the operation of

alternative transport modes to private motor vehicles.

Car parking design contributes to delivering

development with a built form that is robust and

flexible, allowing adaptation or redevelopment over

time to a variety of uses, increased densities or

increased employment intensity.

AS16.1

Car parking is provided in accordance with the

number of spaces required for the specific use listed

in the Table to Acceptable Solution AS16.1.


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Transport Code

Performance Outcomes Acceptable Outcomes

PO1

Development provides off-street car parking to

accommodate for the parking demand.

AO1

Off- street car parking spaces are provided in accordance

with the identified relevant table as follows:

OR

Where located in the Centre zone or the Southport Priority Development Area at rates that:

(a) reduce congestion and car dependency;

(b) maximise the efficiency of car parking provided;

and

(c) encourage alternative transport options such as

walking, cycling and the use of public transport.

Location

All zones except:

(a) Centre zone;

(b) High density residential zone (where located in the

Transport hub area in Figure 9.4.13-1); or

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

Off-street car

parking rate

Table 9.4.13-3

Centre zone and High density

residential zone where

nominated in the Transport hub

area in Figure 9.4.1213-1

Table 9.4.13-4

Centre zone not nominated in the

Transport hub area in Figure

9.4.1213-1

Table 9.4.13-5

Special purposes zone – Special

development area precinct –

Southport Priority Development

Area

Table 9.4.13-6

Note: Where off-street car parking cannot be reasonably provided, Council may consider improvements to active and public transport to offset the shortfall in car parking spaces.

Acceptable Solution/Outcome

To comply with AS16.1 of Car Parking, Access and Transport Integration Constraint Code, the development would require a total of 60 off-street car parking spaces (52 spaces for the Medical Centre and 8 spaces for the Shop);

To comply with AO1 of the Transport Code, the development would require a total of 58 off-street car parking spaces (52 spaces for the Medical Centre and 6 spaces for the Shop). Plans show provision for 57 parking spaces on-site.

Compliance with AS16.1 and AO1 is not achieved.


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Performance Criteria

Although the application was lodged under Council’s ’03 Scheme, Transport officers consider taking reference from the City Plan Transport Code for car parking provision rates reasonable as weight should be given to City Plan – City Plan represents the strategic direction of the City, and commenced on 2 February 2016.

Given that the proposed uses will be complementary (Medical Centre and Pharmacy), the likelihood is that some reduction in parking demand would be seen. Transport officers are willing to accept the effective 1 space shortfall on this basis.

In addition, plans show provision for a total of 6 motorcycle parking spaces in addition to car parking spaces (2 in the Basement 1 and 4 in Basement 2). This provides opportunities for alternative travel modes, which may reduce the use of passenger vehicles. Compliance with PC16 is deemed to be achieved.

Access

The subject site is located with frontage to the Gold Coast Highway, with access from Messines Crescent. The development is expected to generate up to 150 peak hour vehicle trips. Messines Crescent is left-in/left-out at the Gold Coast Highway. Traffic arriving from the south is able to perform a u-turn at Pacific Avenue (approximately 400 m north of the site). Likewise, traffic leaving the development and wanting to head north can perform a u-turn at Riviera Place (approximately 50 m south of the development). Some proportion of development traffic may use Riviera Road and Messines Crescent to access the site, as an alternative route. However, given the location of u-turn provisions along the Gold Coast Highway within close proximity of the site, it is expected that this would represent a small proportion of development traffic overall.’

Transport Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to off street car parking, bicycle parking and loading and unloading have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.3 Subdivision Engineering Subdivision Engineering has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to telecommunications and electrical supply have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.4 Open Space Assessment Open Space Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to street trees within the public road reserve and a detailed landscape plan have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.5 Architect The City Architect is supportive of the amended building design. Refer to the earlier sections of the report for comments from the Office of the City Architect. No conditions were recommended by the City Architect.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 11.6 Gold Coast Water Gold Coast Water provided the following comments:

“Council’s 150mm sewer mains are located along the northern side and at the north eastern corner of the development site. The applicant is required to execute easements over the mains, at no cost to and in favour of Council.”

Gold Coast Water has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to sewerage and water supply reticulation and the establishment of an easement over infrastructure have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.7 City Infrastructure City Infrastructure has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to vehicle crossings, road reserve alterations and alternations to services and infrastructure have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.8 Plumbing and Drainage Plumbing and Drainage has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to water supply work, fire services and sewerage works have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.11 Hydraulics and Water Quality Hydraulic Engineering has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to stormwater management, dewatering management and erosion and sediment control have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.14 Landscape Assessment The following comments were provided from Landscape Assessment:

‘The application has been the subject of rigorous assessment and negotiation with the applicant in order to achieve improvements to the landscape elements of the development. A key issue identified early in the assessment was a lack of deep planting, with the Landscape Planning team focussing on this aspect of the development during negotiations with the applicant.

It is considered that the development layout now presented to Council has improved sufficiently to warrant the support of the Landscape Planning Team; the landscape design outcome shown on the submitted perspective plans is now considered realistic and achievable.

The deep planting areas and planter boxes which have been incorporated into the proposed development make compliance with the landscaping related elements of the Planning Scheme Codes achievable.’


138 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 Landscape Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to landscape works on private land have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

11.16 Geotechnical Engineering Geotechnical Engineering has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to basement excavation stability have been recommended. The recommended conditions of approval have been reviewed and included in the Officer’s recommendation.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies The application was referred to the Department of Infrastructure, Local Government and Planning for being in proximity to a State-controlled road. A response dated 1 December 2015, advised the State has no objections to the application subject to a condition that there is to be no access from the Gold Coast Highway to the subject site. This condition has been included in the Departments Concurrence Agency response which will be attached to Councils Decision Notice. (SARA reference: SDA-0915-024395). Access off Gold Coast Highway

In response to public notification the community was unfavourable of the current access point from Messines Crescent due to local traffic and amenity issues. Council Officers requested that the applicant investigate an amendment to the current access point off Messines Crescent to Gold Coast Highway to alleviate submitter concerns. Additionally, Council Officers sought written confirmation and justification in relation to why access cannot be obtained from Gold Coast Highway as opposed to Messines Crescent. The applicant provided the following detailed advice dated 9 February 2016 regarding the State’s interest in respect to a proposed access point from the State Controlled Road (Gold Coast Highway): State response:

‘Upon review of the site’s location, the department advises that an amended egress and ingress point onto the State Controlled Road (SCR) will compromise Module 19.1, and specifically Performance Outcome (PO) 1 of the State Development Assessment Provisions (SDAP) due to its impact on safety and efficiency. In this regard, the department provides the following advice:

To protect the safety and efficiency of the SCR network, it is the department’s position that access be obtained from lower-order roads where available and achievable.

The site does not currently have access to the Gold Coast Highway. The construction of a new access will introduce an additional conflict point and therefore reduce the safety of the SCR.

The proximity of the proposed access to the Messines Crescent intersection may create confusion and conflict between vehicles entering the site, vehicles exiting the site and vehicles turning into Messines Crescent.

The presence of a bicycle lane and bus lane introduces additional potential conflict points at this location.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 An auxiliary left turn lane can’t be provided without impacting the island and footpath

across Schuster Avenue. A safe pedestrian crossing and a service vehicle turn around area must be retained at this location.

Even if the access is relocated to the Gold Coast Highway, a large portion of vehicles may still use the local road network to access the development to avoid having to travel north to make a U-turn manoeuvre. It is therefore questionable whether the access relocation would significantly reduce vehicles on the local road network. The access relocation may even result in a worse outcome by resulting in these vehicles parking on the local streets instead of in the basement of the development which they may otherwise do if the access was located on Messines Crescent. As such, the department advises that the proposed access relocation may cause undue safety and efficiency impacts upon the State asset, and on-going network inefficiencies for the local area. Therefore, the department advises that an amendment to the existing condition of approval as part of the existing concurrence agency approval (SDA-0915-024395) would be unfavourable due to compromising PO1 of Module 19.1 of the SDAP.”

As such, DILGP objected to any amended access point to Gold Coast Highway for the development and the access point remains from Messines Crescent. The access and egress point via Messines Crescent is not expected to adversely compromise the amenity of the locality.

13 DEVELOPMENT INFRASTRUCTURE

14 PUBLIC NOTIFICATION The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.

In response to notification, fifty-two (52) submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Building Height As discussed in greater detail in section 7.2, Officers are

satisfied that the design of the building presents as only a partial third storey when viewed from the street. The built form and interface with adjoining residential properties has been designed to protect the existing amenity and privacy through the use of fencing and landscaping on the ground level, with the upper storeys being well articulated and setback. Additionally, Officers have recommended a condition that all external areas on level two are non-accessible by staff and patients and limited to access for maintenance at all times.


140 Adopted Report


Point of objection Officer’s comment The submitter’s comments have been taken into account

in the officer’s assessment of the proposal and where appropriate suitable conditions have been included in the Officer’s recommendation to further address the concern.

Traffic & Car Parking The applicant was required to submit amended plans that demonstrate an acceptable access arrangement and quantity of car parking spaces to facilitate the development. Based on the amended information as discussed previously within this report, the proposed development is not considered to result in unreasonable traffic impacts within the local area. Council’s Transport Planners have assessed the proposed development and determined that the local road network has the capacity to accommodate the expected traffic volumes generated by the development. Additionally, plans show provision for 57 parking spaces on-site which is a shortfall of 1 car park. Officers have reviewed the development and the Applicant has proposed an alternative solution to achieve compliance with the Performance Criteria, by utilising the car parking rates prescribed by the City Plan. Given that the proposed uses will be complementary (Medical Centre and Pharmacy), the likelihood is that some reduction in parking demand would be seen. Officers are willing to accept the effective 1 space shortfall on this basis.

Access The subject site is located with frontage to the Gold Coast Highway, with access from Messines Crescent.

Council Officers requested that the applicant investigate an amendment to the current access point off Messines Crescent to Gold Coast Highway. The applicant provided a detailed objection from the State in respect to a proposed access point from the State Controlled Road (Gold Coast Highway) as already discussed above.

The submitter’s comments have been taken into account in the officer’s assessment of the proposal and where appropriate suitable conditions have been included in the Officer’s recommendation to further address the concern.


141 Adopted Report


Point of objection Officer’s comment Land Use Pursuant to the Planning Scheme Part 5, Division 1,

Chapter 2 “Using Domains” states: “All uses included in Section A of the Table of Development may be considered as appropriate for the domain to which the Table of Development applies, subject to each use meeting the relevant assessment criteria. Any use not listed in Section A of the Table of Development, should be considered as undesirable or inappropriate in the domain to which the Table of Development applies.”

The predominant land use of Medical Centre is a listed land use within the Residential Choice Domain. As such the use is contemplated for the area. It is considered that the impacts of the Medical Centre can be properly mitigated through the conditions of approval included in the Officer’s Recommendation. It is acknowledged that there is an existing Medical Centre and mixture of commercial uses including Shops located on the western side of the Gold Coast Highway. Therefore, it is considered the area is suitable for both a Medical Centre and Shop (pharmacy) with the proposal being consistent with the character of the development which front Gold Coast Highway. The submitter’s comments have been taken into account in the officer’s assessment of the proposal and where appropriate suitable conditions have been included in the Officer’s recommendation to further address the concern.

Scale The scale and intensity of the proposal has been assessed and determined to be satisfactory in relation to protecting the amenity of the local area subject to the recommended conditions of approval. The submitter’s comments have been taken into account in the officer’s assessment of the proposal and where appropriate suitable conditions have been included in the Officer’s recommendation to further address the concern.

Noise As discussed previously within this report, Council’s Environmental Health officers have assessed the acoustic impacts of the development. Although the proposed development is acknowledged as creating a noise source at the subject site, the noise generated by the proposal is mitigated to be compliant with applicable noise criteria due to the use of attenuation measures.


142 Adopted Report


Point of objection Officer’s comment The development must be designed and constructed in

accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report. Notwithstanding compliance with noise criteria, it is recommended to impose conditions of approval that require the applicant to construct an acoustic barrier to the eastern boundary of 1.8m and restricted hours of operation for the development. The submitter’s comments have been taken into account in the officer’s assessment of the proposal and where appropriate suitable conditions have been included in the Officer’s recommendation to further address the concern.

Building Form

Excessive site coverage Non-compliant building

setbacks Conflict with existing

residential character.

As discussed in greater detail in section 7.2, although the development includes alternative solutions to some of the acceptable solutions, the design of the development ensures adequate car parking, sufficient setbacks to neighbouring properties, adequate landscape treatments and a built form outcome that is not visually intrusive or detrimental to the existing streetscape character. Officers consider the encroachments to have minimal impact and in no way be detrimental to the existing streetscape character.

The reduced setbacks to the western frontage still allow for adequate landscaping, whilst also increasing opportunities for casual surveillance by allowing private areas to overlook the footpath and road frontages to allow for direct lines of sight between staff and pedestrians external to the development.

In regards to site cover, the development has allowed for areas of visual relief by incorporating green walls and deep planting. There is articulation in the built form and a variety of colours and materials, in addition to landscaping treatments which contribute in achieving an outcome that reduces building bulk and is aesthetically pleasing for the locality.



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Point of objection Officer’s comment Crime

It cannot be concluded or assumed that the introduction of a Medical Centre or Shop has a direct correlation with increased levels of crime. Matters relating to crime are under the jurisdiction of the QLD Police.

Construction It is acknowledged that construction can cause disturbance and therefore conditions of approval are included in the recommendation for a Construction Management Plan, addressing typical activities likely to be an issue during construction.


15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not Applicable.

16 CONCLUSION After a detailed assessment of the application, it has been determined that the proposed development complies with the relevant provisions of the Planning Scheme, subject to conditions of approval.

Based on the above, it is recommended the application be approved, subject to the conditions of approval provided in the Officer’s recommendation.

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


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.


144 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 200 on SP215703 Address of property 2125 Gold Coast Highway, Miami Area of property 1,272m² Decision type Development Permit for a Medical Centre & Shop

(Pharmacy) Further development permits Building Works and Operational Works Further compliance permits Plumbing and Drainage, VXO Compliance assessment required for documents or works

Geotechnical Report and Dewatering Management Plan

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Medical Centre and Shop (Pharmacy), subject to the following conditions:

APPROVED DRAWINGS

1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by DD06 Nil Floor Plan LVL B1 22/04/2016 Greg Kearny Architect DD07 Nil Floor Plan LVL B2 22/04/2016 Greg Kearny Architect DD02 Nil Site Plan 22/04/2016 Greg Kearny Architect DD03 Nil Floor Plan LVL 0 22/04/2016 Greg Kearny Architect DD04 Nil Floor Plan LVL 1 22/04/2016 Greg Kearny Architect DD05 Nil Floor Plan LVL 2 22/04/2016 Greg Kearny Architect DD10 Nil Sections 22/04/2016 Greg Kearny Architect DD11 Nil Sections 22/04/2016 Greg Kearny Architect DD14 Nil North Elevation with

Landscaping 22/04/2016 Greg Kearny Architect

DD16 Nil East Elevation with Landscaping

22/04/2016 Greg Kearny Architect

DD20 Nil West Elevation with Landscaping


DD18 Nil South Elevation with Landscaping



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showing the following amendments: Remove all references to ‘Pilates’ on plans as this constitutes a separate i land use definition. Installation of wheel stops within car parking bays 21-22 (in Basement 1) ii and the four parking spaces adjacent to the lobby (in Basement 2), to prevent vehicle encroachment into the adjacent parking bays and aisles. Wheel stops are to be located in accordance with Section 2.4.5.4 and Figure 2.6 of AS2890.1:2004. If the vehicle shown parked next to parking space #51 in Basement Level 2 iii is intended to be a car space, the space should be line marked to AS2890.1 standards. Re-number all car parking spaces to reflect actual parking provision (i.e. 57 iv spaces). Numbering is to include only parking for passenger vehicles (loading / ambulance bays to be excluded). Bicycle parking spaces on Basement Level 1 designed to Austroads Class v 2 standards (i.e. bike racks in a lockable compound).

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to the earlier of:

Issue of a development permit for the carrying out of building work. i Commencement of the use of the premises. ii

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






146 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 4 Decision notice and approved plans/drawings to be



5 Notice of works timetable

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.


WORKS - COMPLIANCE

6 Certification of compliance




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AWNING

Awning above road reserve 7 Prior to the issuing of a Development Permit for a Building Works, a certification from an RPEQ must be submitted to Council confirming the structural adequacy and safety of the proposed awning above the road reserve. The certification from the RPEQ must also state the b next and subsequent maintenance periods, for inspection of the awning in relation to the necessary requirement for further certification of the awning to ensure the ongoing structural adequacy.

Timing As per the wording of the condition


8 Off street car parking facilities

Off-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used b for vehicle parking. A minimum combined total of 57 off-street car parking c spaces must be provided. Off-street car parking facilities must be drained, sealed d and line marked.


9 Freely accessible car parking

All car parking must be accessible, not subject to a regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.


10 Bicycle parking

Bicycle parking facilities must be provided to the a satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with:

A minimum of 2 Class 3 spaces for visitors; i A minimum of 5 Class 2 spaces for staff. ii Cycling Aspects of Austroads Guides; and iii AS2890.3. iv

The bicycle parking spaces are to: b



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Enable wheels and frame to be located to the i device without damaging the bicycle; Be located outside pedestrian movement paths; ii Be accessible from the road; iii Be arranged so that parking and unparking iv manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles v and opening car doors; Be as close as possible to the cyclists ultimate vi destination; Be well lit by appropriate existing or new lighting; vii and Be protected from the weather. viii

11 Loading and unloading

Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear. The largest vehicle permitted on-site is a Small Rigid d Vehicle (SRV). The dimensions of the vehicle are to be generally in accordance with AS2890.2.


12 Off-street commercial vehicle facilities

Off-street commercial vehicle facilities must be a designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must only be b used for loading and unloading. Off-street commercial vehicle facilities must be c drained, sealed and line marked.


13 Signs and line marking

In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council:

Signage located within the site visible to entering a vehicles including the Standard Service Sign Series ‘P’ sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland – Part 15, accompanied with wording



149 Adopted Report


giving direction to visitor parking. Signs and line marking to identify persons with b disabilities parking (AS2890.6). Signs and line marking to give direction to bicycle c parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

14 Sight lines to pedestrians

Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.


15 Vehicular crossings

A vehicular crossing must be designed and constructed a 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:

RS-051 Driveways – Heavy i Duty Vehicle Crossing

The applicant must apply for and obtain approval from b Council for the construction of the vehicular crossing/s. The vehicular crossing/s must be constructed to the c satisfaction of the Chief Executive Officer.


16 Redundant vehicular crossings

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

Timing Prior to the commencement of the use.

17 Reconstruction of kerb and channel / footpath

Where kerb and channel / footpath is removed or a damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Messines Crescent to meet the requirements of City Plan Policy – Land Development Guidelines prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. The reconstruction of any service pits or infrastructure b



150 Adopted Report


necessary to achieve the requirements of City Plan Policy – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

Removal of redundant stormwater kerb adaptors / 18 service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).


19 Connection to, alteration or realignment of Council infrastructure

The applicant must, in respect of any connection to, a alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following:

Ensure that the proposed works comply with City i Plan Policy – Land Development Guidelines; Apply for and obtain a development permit for ii operational work (works for infrastructure) for the proposed works; Enter into a bond agreement to ensure damage is iii not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and Submit ‘As Constructed’ data in accordance with iv City Plan Policy – Land Development Guidelines.

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





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20 Electricity supply

The applicant must submit to Council a copy of the a ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply is available to the development site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected within the road reserve. Subject to the approval/consent of the DTMR, all c existing overhead electricity lines up to and including 11kV lines within or bounding the site (i.e. along the adjacent verge of Gold Coast Highway, Schuster Avenue and Messines Crescent – development side only) must be removed or placed underground.

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.

STREET LIGHTING

21 Street lighting

Subject to the approval/consent of the Department of a Transport and Main Roads (DTMR), the applicant must design and install a street lighting system (including connections and energising) along the frontage of the site to Gold Coast Highway and Schuster Avenue as replacements to the existing street lighting that are on the electricity power poles, at no cost to Council. The design and construction of the street lighting b system must:

Include new streetlight poles, as the existing i electricity poles are to be removed. Be in accordance with Section 3.7 and Section ii 6.15.1 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; Meet the relevant requirements of the electricity iii supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and For the Schuster Ave street light, be acceptable iv to the electricity supplier (eg. ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters). For the Gold Coast Highway street light, be to the v requirements of the DTMR.

Timing Prior to compliance assessment of the subdivision plan.


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TELECOMMUNICATIONS

22 Telecommunications

The applicant must: Provide underground telecommunications to the a subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).

Timing Prior to commencement of the use.

GEOTECHNICAL

23 Preparation of an amended geotechnical report

The applicant must amend the submitted geotechnical report entitled: “MK11 Developments Geotechnical Investigation Version 2 Proposed Medical Centre 2125 Gold Coast Highway Miami”, prepared by Soil Surveys, Ref: Project No. 215-12424, dated October 2015. The amended geotechnical report must be prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The amended report must:

Include a stability assessment of the proposed basement a excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must:

Be based on existing geotechnical conditions of i the site; Refer to specific engineering drawings and cross-ii sections; and Inlcude detailed stability calculations iii demonstrating that the proposed batter or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than 1.5 against geotechnical instabilities (e.g. sliding, rotational failure, slip circle failures etc.);

Assess the suitability of the proposed basement b excavation methodology and examine whether the basement excavation support system requires any



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ground anchoring into any adjacent properties or road reserve; Identify the overall potential adverse effects of the c proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements; Include a site-monitoring plan: d

For the entire construction period and a post-i construction period of at least three months in order to ensure the stability of the adjacent properties/structures; Which includes plans and cross-sectional drawings ii showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and Which includes a contingency plan in the event iii that instability of the adjacent properties/structures arises or is detected during the construction period;

Include certification from a RPEQ specialising in e geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures; and Confirm that the structural integrity of any existing water f and sewerage infrastructure assets that are owned and operated by Gold Coast Water or Link Water, traversing the site is maintained due to the proposed basement excavation over the site.

24 Compliance assessment of amended geotechnical report

The abovementioned amended geotechnical report is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed


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The City Plan Landslide Hazard Overlay Code; The City Plan Changes to Ground Level and Creation of

New Waterways Code; City Plan Policy – Land Development Guidelines; and Link Water’s Consent Guidelines – June 2009. Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site.

The amended geotechnical report is not an approved report until a compliance certificate has been issued in respect of it.

25 Compliance certificate with future building work development applications A copy of the compliance certificate for the amended geotechnical report must be provided with any future building work development application.

26 Basement excavation and associated drawings are consistent with amended geotechnical report The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved amended geotechnical report.

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

27 Basement excavation and dewatering must be carried out in accordance with amended geotechnical report All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved amended geotechnical report.


28 Basement excavation and ground anchoring issues

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

Written confirmation signed by the applicant or the a applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or If the proposed basement excavation does require b ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a

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


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

Advisory note:

The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

HYDRAULICS

29 No worsening of hydraulic conditions

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

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


30 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.



31 Stormwater management plan to be complied with

The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Stormwater Management Plan for a Medical Centre at Lot 200 on SP215703, 2125 Gold Coast Highway Miami QLD” prepared by Coote Burchills Engineering Pty Ltd dated 24 August 2015.

Timing Prior to the commencement of the use of the premises.


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Information note:

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

32 Certification of performance of the treatment train

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

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

Timing Prior to the commencement of any works on-site.

33 Monitoring of the proprietary treatment devices

The owner or the legal entity of the development must carry a out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to Council for record keeping purposes. Alternatively, the proponent shall submit a certification or b endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.


34 SQIDs maintenance management plan

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

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



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to install the device etc); The MMP must include the lifecycle cost of the ii proposed treatment devices;

The owner/body corporate must enter into a long-term b maintenance agreement with the proprietor or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises; The body corporate/legal authority shall submit to Council c certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed. The body corporate and/or legal authority of the d development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council. In case of failure to achieve the designed pollutant load e reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.

Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994.


35 Erosion and sediment control

Erosion, sediment and dust control measures must be a implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. All polluted/contaminated water from the site, including d dewatering discharge, must be treated to achieve the



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water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out e before the site is fully rehabilitated:

Regular inspections to ensure that adequate i erosion control measures are in place and in good condition both during and after construction; and Inspections after each storm event to assess the ii adequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

DEWATERING MANAGEMENT PLAN

36 Preparation of dewatering management plan

A dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, October 2014) and include (but not limited to) the following:

Purpose of dewatering (ie an explanation of why dewatering a is necessary); Dewatering technique (i.e. wellpoint, deep well, open hole b etc.); Anticipated dewatering flow rate and total dewatering c duration; Controls (i.e. settling tank, turbidity curtain etc.) and method d of effluent discharge; Measures and techniques to manage noise, vibration and e odour issues; Measures and techniques to manage geotechnical stability f issues; Contingency plan in case of emergency situation; g If dewatering conducted in a contaminated area, h engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2; A monitoring program to ensure that effluent will comply i with applicable water quality release standards described in Tables 1 & 2 of the guidelines; Baseline assessment of the existing environment (eg fauna, j water quality) that will receive the discharge; A strategy for monitoring and managing any impacts during k the life and after the closure of the project;



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The point of discharge to the storm water system and to any l waterway or water body; A hydrogeological and hydrological assessment of the m project area to estimate quantity and quality of water to be discharged; Verification that the quality of discharge water will comply n with the receiving water duration and frequency of the discharge; Seasonal variability of the receiving water quality; o Assessment of the viability of treating or recycling the p wastewater.

All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

37 Compliance assessment of dewatering management plan

The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy (DILGP, July 2014); City Plan - Changes to Ground Level and Creation of New

Waterways Development Code; City Plan Policy – Acid Sulfate Soils Management; and Guidelines for Dewatering Management Plan (CoGC, October

2014). Compliance assessor: City of Gold Coast. When the request for compliance assessment must be made Prior to the earlier of:

A development application for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.

38 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 39 Works must be carried out in accordance with the approved

dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

OCEAN FRONT REQUIREMENTS

40 Excavated sand

All excess sand excavated from the site must be managed in accordance with the following requirements:

The applicant must submit a sand management plan to a Council for approval. The sand management plan must outline appropriate actions to ensure excavated sand is appropriately cleaned, treated, placed, levelled and stabilised. The sand must be sieved to remove all material having a b dimension greater than 20 millimetres. The sieved sand must be placed onto the ocean beach, c profiled and stabilised in accordance with the approved sand management plan, prior to the issue of a certification of classification/final inspection certificate. If the sand to be excavated will exceed 2,000 cubic metres, d a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor must:

Undertake the physical collection of any waste i material deposited on the beach as a result of the sand deposition; and Ensure that the total excess clean sand is deposited, ii profiled and stabilised as directed by Council.

Timing The sand management plan must be submitted to Council for approval prior to commencement of works on site.

All other requirements of the condition must be complied with at all times.

AMENITY

41 Hours of operation

All activities associated with the operation of the a Medical Centre and Shop are to be conducted only between the hours of 8 am to 8 pm on Monday to Saturday and 8 am to 12 pm Sunday.


42 Non Accessible Roof Area Level 2

All north and east external areas are not accessible to staff or patients and must only provide for access limited to maintenance as identified on Floor Plan Lvl 2, DD05 dated 22/4/16 by Greg Kearny Architect to the satisfaction of the Chief Executive Officer.



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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 43 Restricted paint colours

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


44 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.


Screening of storage 45 The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


46 Padmount Transformer

If a pad mount transformer is required, the Applicant must ensure it is screened in the same materials and colours as the proposed building and its location must not result in a loss of landscaping.


47 Boundary fencing finishes

All new boundary fencing to be constructed as a result of the development shall be externally painted and or treated, to the satisfaction of the Chief Executive Officer.

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

48 No nuisance from lighting

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


BUILT FORM

49 Balconies to be unenclosed

All balconies must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice.


ADVERTISING DEVICES

50 Advertising device approval required

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



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HEALTH AND REGULATORY SERVICES

51 Acoustic design and construction

The development must be designed and constructed in a accordance with the recommendations outlined in the acoustic report prepared by Acousticworks P/L dated 20/11/15 (Reference No. 2015437 R01 2125 Gold Coast Highway, Miami RTN ENV). Any alteration to the design or construction of the b development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.


52 Compliance report

An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council seeking approval. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.


53 Acoustic barrier

A 1.8 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in the acoustic report prepared by Acousticworks P/L dated 20 November 2015 (Reference No. 2015437 R01 2125 Gold Coast Highway, Miami RTN ENV).


54 Delivery hours

Delivery activities must be conducted between the hours of 7am to 6pm daily.



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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 55 Refuse bins – servicing point

The refuse bin servicing point must be located in accordance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

Sufficient access and clearance for the waste collection a vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the waste collection vehicle Clearly separated from car parking bays, loading bays, b footpaths and pedestrian access, and any other similar areas Clear of speed control devices or similar provisions c which inhibit direct access to the bins for servicing Constructed hardstand with a solid concrete base or d acceptable equivalent Positioned on a level pad within the site, not more than e five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway Connected to the crossover by a paved path f Not be situated within twenty (20) metres of an g intersection (including opposite a T-intersection) or roundabout Allow for at least an additional 0.5 metres clearance h surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser Screened to minimise the view of bins from i neighbouring properties, or passing vehicles and pedestrian traffic external to the site



56 Detailed landscape plan to be submitted for approval

The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the City Plan’s b Landscape Work Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii Landscape Intent, being Sheets 1-12, Landscape Intent, Date April 2016, Prepared by Deep Rainforest co. and the perspective drawings showing green walls & trellis systems forming

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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part of the approved plans pursuant to Condition 1; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; Comply with City Plan Policy – Landscape Work; iv and Demonstrate compliance with the following: v A Unless otherwise specified in these

conditions, tree species must be evergreen canopy trees with a minimum bag size of 100 litres at the time of planting;

B Trees planted within the frontage setback areas must be a minimum bag size of 200 litres at the time of planting;

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

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

E Screening shrubs (Syzygium species or similar) to be planted along the Northern and Eastern boundaries must be a minimum bag size of 45 litres at the time of planting and capable of achieving a minimum height of 4 metres at maturity;

F No trees are to be planted within the sewer easement;

G Trees within the garden located on the corner of Gold Coast Highway and Messines Crescent must be positioned so as to not obstruct signage;

H Size and location specifications of signage must be submitted with detailed landscape plans;

I Planting on the roof of Level 2 must be within fixed, permanent planter boxes provided with irrigation and drainage (not movable pots);

J All hedging species along the frontage must be capable of attaining a minimum of one (1) metre in height at maturity; and

K Pedestrian sight triangles must incorporate low plantings (maximum 300mm in height).


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 57 Podium Planter Boxes

Detailed specifications of the planters must be a submitted with Detailed Landscape Plans; Planter boxes must include a minimum surface area of b 1.5 square metres; Tree species planted with root zones adjacent to and c within structures/planter boxes must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan; Trees planted within planters must be suitable for root d zones growing in confined spaces; and An automatic irrigation system must be provided for all e podium planter boxes.


Trellis and Green walls 58

The applicant must submit with the application for operational works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis, and/or green wall systems. The management plan must:

Provide detailed information as to how the irrigation a and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices; Stipulate a maintenance schedule for these systems; b Describe actions to be taken if the systems should fail c to function as intended.

Timing In the wording of the condition.

59 Frontage Fencing

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

The fence is not forward of the building line. a


PUBLIC ROAD RESERVE

60 Streetscape works within public road reserve

a The applicant is required to ensure that street trees are planted within public road reserve directly fronting the subject site along the Gold Coast Highway, Schuster Avenue and Messines Crescent.

b The location, quantity and species shall be determined through the assessment of the development application for Operational Works (Public Landscape) required by conditions of this approval.

c All street trees and landscape works to be undertaken in the public road reserve must demonstrate



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compliance with: i City Plan Policy – Land Development Guidelines; ii City Plan Policy- Landscape Work;

iii Be constructed at no cost to Council.

61 Detailed landscape plans for public road reserve to be submitted for approval a The applicant must submit to Council for approval

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

b Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c Without limiting the requirements of the City Plan’s Landscape Work Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or

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

Landscape Intent, being Sheets 1-12, Landscape Intent, Date April 2016, and Prepared by Deep Rainforest co.

iii Reflect the final approved layout and conditions of this approval;

iv Comply with City Plan Policy- Landscape Work; v For works in the public road reserve – comply

with the following requirements: A Trees must not be aligned with side

boundaries or where underground services are located;

B Tree planting must be set back a minimum of one (1) metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800mm on maturity;

D Trees must be kept a minimum distance of two (2) metres laterally from inlet gullies;

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F All built structures associated with an entry statement must be located within private

Timing Prior to any landscape works occurring.


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property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of City Plan Policy- Landscape Work ;and

d The landscape works must be constructed in accordance with the approved landscape plan.

e The applicant must provide landscape maintenance schedules as part of the public landscape application. The maintenance schedules must: i Be in accordance with section 3.1 of the Gold

Coast City Council Open Space Management Guidelines;

ii Complete and submit table 6 – Maintenance Monitoring Timelines from the Gold Coast City Council, Open Space Management Guidelines (November 2007) and;

iii Complete and submit Table 7 – Maintenance Activity Specification Summary Table from the Gold Coast City Council, Open Space Management Guidelines (November 2007)

iv Insert completed tables (6&7) within submitted drawing sheets

f Be submitted with the OPW public landscape application

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

62 ‘Pre-start’ inspection required

The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

63 Establishment period for public road reserve planting

a Upon completion of the public landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 8052) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a six (6) month ‘Establishment Period’, prior to the commencement of ‘On Maintenance’ period in accordance with City Plan Policy – Land Development Guidelines

c Without limiting the obligations in accordance with City



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Plan Policy – Land Development Guidelines d the applicant must, during the ‘Establishment Period’:

i Rectify any defects arising from substandard workmanship;

ii Replace any planted vegetation of poor quality or inappropriate species where used instead of specified species; and


64 ‘On Maintenance’ period for public road reserve planting

The applicant must notify Council’s Contributed Assets a Section (ph: (07) 5582 9034) when the landscape works are complete and established as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance of this site ‘On Maintenance’.

Upon satisfactory completion of the ‘Establishment’ b period and Council notifying the applicant that the landscape works have been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a twelve (12) month ‘On Maintenance’ period in accordance with in accordance with City Plan Policy – Land Development Guidelines


The applicant must notify Council’s Contributed Assets c Section (ph: (07) 5582 9034) when the ‘On Maintenance’ period is complete as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance by Council of ‘Off Maintenance’.

d Without limiting the obligation in accordance with City Plan Policy – Land Development Guidelines the applicant, and not Council, is responsible for:

Maintaining open space areas; and i For the rectification of defects and any damage ii that occurs, unless the damage is directly attributable to Council activities.

Timing At the time of landscape works and then to be maintained.

65 Standard of works/embellishments within road reserve

Works undertaken and embellishments installed within public road reserve must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.


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66 Construction management plan

Part A Construction Management Requirements The construction management plan must be submitted a in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all b activities associated with construction (excluding noise and dust issues), including but not limited to:

Vehicle access (including responsibility for i maintenance of the defined cartage route) during hours of construction; Traffic management (including loading and ii unloading); Parking of vehicles (including on site employees iii and delivery vehicles); Maintenance of safe pedestrian movement iv across the site’s frontage/s (including by people with disabilities); Building waste / refuse disposal; v Presentation of hoarding to the street; vi Tree management. vii

The construction management plan must demonstrate c that:

the general public will be adequately protected i from construction activities; the building site will be kept clean and tidy to ii maintain public safety and amenity; and demand for occupation of the street and iii protection of Council assets will be well managed.

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

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

Where it is proposed to interfere with a road for any a building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

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


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development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any b building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road c reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

67 Noise management

Noise from construction activities must not cause an a ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of environmental nuisance caused by noise. The monitoring must be carried out: c

by a suitably qualified acoustic engineer; 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 iv from Council.

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

be prepared by a suitably qualified acoustic i engineer; provide details of noise sources; ii identify the measures and work practices that will iii



171 Adopted Report


be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring of noise emissions; provide details of complaint response procedures v that will be adopted; identify the procedures to be adopted for revision vi and review of the noise management plan.

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

68 Dust management

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

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

be prepared by a suitably qualified professional; i



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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 construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring and reporting of air emissions; provide details of complaint response procedures v that will be adopted; and identify the procedures to be adopted for revision vi and review of the dust management plan.

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

69 Haulage access / site management

Prior to the commencement of works, the applicant a must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer. Loading/unloading operations must be conducted b entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site. All reasonable methods are to be used to reduce c nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. The site must be maintained in a clean and tidy state at d all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. Non-recyclable debris must be transported from the site e and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. The applicant must ensure that gravel access areas to f the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and



173 Adopted Report


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

70 Transport of soil/fill/excavated material

During the transportation of soil and other fill/excavated material:

All trucks hauling soil, or fill/excavated material must a have their loads secure and covered; Any spillage that falls from the trucks or their wheels b must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and Prior to vehicles exiting the site, measures must be c taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.


71 Water usage

The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used:

The use of the recycled water must be in accordance a with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water; The applicant must first complete the Recycled Water b User Operator Training with Gold Coast Water, in accordance with the RWMP. Proof of completion of the training course will be by issue of a valid certification card; The applicant can only contract to use a recycled water c carrier who is accredited and certified by Gold Coast Water. Accreditation requires a current authorised agreement between the water carrier and Gold Coast Water; and The water carrier is only allowed to employ certified d



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tanker operator/drivers, who have completed the recycled-water training course with Gold Coast Water and hold a valid certification card.

Information note:

To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692.

Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.

72 Workplace health and safety

The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


73 Public safety to be ensured

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



74 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b

Trade Waste Policy; and i Trade Waste Pre-treatment Policy and ii Guidelines); and



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comply with Council’s Waste Management Policy c Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note:



75 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b Guidelines.

Information note:



Application for compliance permit for fire services 76 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note:

Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.



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SEWERAGE

77 Sewer reticulation

The development must be connected to Council’s sewer a reticulation system at no cost to Council. The size of the sewer property service connection shall b be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).


78 Design, construction and standard of sewer reticulation



79 Connection point

The existing 150mm main located along the northern boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.


80 Redundant Sewer Property Connections

The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


Connection and disconnection – arrangements with Gold 81 Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).


82 Public utility sewer easements to be provided

Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

Easement widths must comply with the requirements a specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure. The applicant must provide to Council a certification from b the Registered Land Surveyor that the easements are

Timing The terms of the easement shall be executed prior to commencement of the use of the premises.


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correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the satisfaction c of Council’s Chief Executive Officer. Easement plans and associated documents must be d duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 document e shall refer to Registered Standard Terms Document No. 707918364. No landscaping works involving deep rooted tree/shrub f plantings are permitted within Council’s easement.

83 No building work over or within Council easements and minimum distance from Council infrastructure

No building work is permitted over or within any Council a public utility easements. All proposed buildings and structures must be located a b minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water. Whichever is less, a minimum horizontal clearance of: c

1.2m must be maintained from the outer edge of i the maintenance hole cover frame, or 1.3m must be maintained from the centre of the ii maintenance hole. Note: (Option 2) Determined on request. Investigation to be performed by an authorised person.




84 Water supply reticulation (potable only) The development must be connected to Council’s a potable water supply reticulation system at no cost to Council. The applicant is responsible for any external works b necessary to connect to Council’s potable water supply reticulation system.





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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 86 Connection point

The existing 100mm main in Messines Crescent must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


87 Installation of property service, water meter box and meter

The applicant must: Submit an Operational Works (OPW) application, for a Council’s approval, for water meters 100mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site , in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for Gold Coast Water to remove any c redundant water meters and/or services, at the applicant’s cost. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


88 Individual sub-metering to be provided

The applicant shall provide individual sub-metering for all tenancies within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.

All meters and their locations shall be approved by a Plumbing and Drainage. Automatic Meter Reading (AMR) technology shall be b utilised where free access for meter reading cannot be provided. Must comply with Gold Coast Waters Network c Modifications, Extension and Connections Policy Procedure.

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




179 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 90 Supply standard

The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


91 Potable Water Supply – Maximum Offtake from Council's Water Network The maximum instantaneous offtake flow for Multi Residential Dwellings and Commercial/Industrial Development shall be in accordance with Table 4.1 of Gold Coast Water Network Modifications, Extension and Connections Policy Procedure. Advice note: The applicant shall determine the expected maximum domestic flow rate and any on-site storage that may be required should that flow rate exceed the maximum allowable.

Timing Prior to submission of hydraulic calculations for Building Works.

92 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.




C Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

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

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


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owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource







F Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of Infrastructure Local Government and Planning



G Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has


181 Adopted Report


already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

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

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

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



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


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L Mechanical Surveillance Should mechanical surveillance (e.g. CCTV) be installed on the premises, footage should be retained for a minimum period of 30 days and provided to Police upon request.

M Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

N Clinical or Related Waste

All clinical or related waste as defined in the Waste Reduction and Recycling Act 2011 must be stored in an area that is not accessible to animals or persons, other than persons who are authorised by the person operating the premises to enter the area. The applicant is advised to contact the Department of Environment and Heritage Protection on 1300 130 372 to discuss requirements.

O Trade Waste Approval

A trade waste approval must be obtained from Gold Coast Water prior to the discharge from the premises of any trade waste to Gold Coast Water’s wastewater system. All discharges must be in accordance with Gold Coast Water’s wastewater system admission limits. Further information may be obtained from Gold Coast Water on 1300 000 928.


Scott Barrett Dyan Currie Planning Officer Director Planning and Environment April 2016


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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 COMMITTEE RECOMMENDATION CP16.0520.003 moved Cr Caldwell seconded Cr O'Neill That Council resolves as follows:

Real property description Lot 200 on SP215703 Address of property 2125 Gold Coast Highway, Miami Area of property 1,272m² Decision type Development Permit for a Medical Centre & Shop

(Pharmacy) Further development permits Building Works and Operational Works Further compliance permits Plumbing and Drainage, VXO Compliance assessment required for documents or works

Geotechnical Report and Dewatering Management Plan

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Medical Centre and Shop (Pharmacy), subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by DD06 Nil Floor Plan LVL B1 22/04/2016 Greg Kearny Architect DD07 Nil Floor Plan LVL B2 22/04/2016 Greg Kearny Architect DD02 Nil Site Plan 22/04/2016 Greg Kearny Architect DD03 Nil Floor Plan LVL 0 22/04/2016 Greg Kearny Architect DD04 Nil Floor Plan LVL 1 22/04/2016 Greg Kearny Architect DD05 Nil Floor Plan LVL 2 22/04/2016 Greg Kearny Architect DD10 Nil Sections 22/04/2016 Greg Kearny Architect DD11 Nil Sections 22/04/2016 Greg Kearny Architect DD14 Nil North Elevation with

Landscaping 22/04/2016 Greg Kearny Architect

DD16 Nil East Elevation with Landscaping


DD20 Nil West Elevation with Landscaping


DD18 Nil South Elevation with Landscaping



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showing the following amendments: i Remove all references to ‘Pilates’ on plans as this constitutes a separate

land use definition. ii Installation of wheel stops within car parking bays 21-22 (in Basement 1)

and the four parking spaces adjacent to the lobby (in Basement 2), to prevent vehicle encroachment into the adjacent parking bays and aisles. Wheel stops are to be located in accordance with Section 2.4.5.4 and Figure 2.6 of AS2890.1:2004.

iii If the vehicle shown parked next to parking space #51 in Basement Level 2 is intended to be a car space, the space should be line marked to AS2890.1 standards.

iv Re-number all car parking spaces to reflect actual parking provision (i.e. 57 spaces). Numbering is to include only parking for passenger vehicles (loading / ambulance bays to be excluded).

v Bicycle parking spaces on Basement Level 1 designed to Austroads Class 2 standards (i.e. bike racks in a lockable compound).

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







185 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 4 Decision notice and approved plans/drawings to be








WORKS - COMPLIANCE

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


AWNING

7 Awning above road reserve a Prior to the issuing of a Development Permit for

Building Works, a certification from an RPEQ must be

Timing As per the wording of the condition


186 Adopted Report





submitted to Council confirming the structural adequacy and safety of the proposed awning above the road reserve.

b The certification from the RPEQ must also state the next and subsequent maintenance periods, for inspection of the awning in relation to the necessary requirement for further certification of the awning to ensure the ongoing structural adequacy.





c A minimum combined total of 57 off-street car parking spaces must be provided.



9 Freely accessible car parking a All car parking must be accessible, not subject to

regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site.

b Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.


10 Bicycle parking a Bicycle parking facilities must be provided to the

satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with: i A minimum of 2 Class 3 spaces for visitors; ii A minimum of 5 Class 2 spaces for staff. iii Cycling Aspects of Austroads Guides; and iv AS2890.3.

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

device without damaging the bicycle; ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking

manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles

and opening car doors;



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vi Be as close as possible to the cyclists ultimate destination;

vii Be well lit by appropriate existing or new lighting; and

viii Be protected from the weather. 11 Loading and unloading

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

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

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

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


12 Off-street commercial vehicle facilities a Off-street commercial vehicle facilities must be

designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version).

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

c Off-street commercial vehicle facilities must be drained, sealed and line marked.


13 Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a Signage located within the site visible to entering

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

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

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


14 Sight lines to pedestrians Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide,



188 Adopted Report


provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.

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-051 Driveways – Heavy

Duty Vehicle Crossing

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



16 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with City Plan Policy – Land Development Guidelines. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.



damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Messines Crescent to meet the requirements of City Plan Policy – Land Development Guidelines prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of City Plan Policy – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.


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



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ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 19 Connection to, alteration or realignment of Council

infrastructure a The applicant must, in respect of any connection to,

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

Plan Policy – Land Development Guidelines; ii Apply for and obtain a development permit for

operational work (works for infrastructure) for the proposed works;


iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines.






‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply is available to the development site (i.e. sufficient for the ultimate use of the site).

b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

c Subject to the approval/consent of the DTMR, all existing overhead electricity lines up to and including 11kV lines within or bounding the site (i.e. along the

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.


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adjacent verge of Gold Coast Highway, Schuster Avenue and Messines Crescent – development side only) must be removed or placed underground.

STREET LIGHTING

21 Street lighting a Subject to the approval/consent of the Department of

Transport and Main Roads (DTMR), the applicant must design and install a street lighting system (including connections and energising) along the frontage of the site to Gold Coast Highway and Schuster Avenue as replacements to the existing street lighting that are on the electricity power poles, at no cost to Council.

b The design and construction of the street lighting system must: i Include new streetlight poles, as the existing

electricity poles are to be removed. ii Be in accordance with Section 3.7 and Section

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

iii Meet the relevant requirements of the electricity supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and

iv For the Schuster Ave street light, be acceptable to the electricity supplier (eg. ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters).

v For the Gold Coast Highway street light, be to the requirements of the DTMR.

Timing Prior to compliance assessment of the subdivision plan.

TELECOMMUNICATIONS

22 Telecommunications The applicant must: a Provide underground telecommunications to the

subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).



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GEOTECHNICAL

23 Preparation of an amended geotechnical report The applicant must amend the submitted geotechnical report entitled: “MK11 Developments Geotechnical Investigation Version 2 Proposed Medical Centre 2125 Gold Coast Highway Miami”, prepared by Soil Surveys, Ref: Project No. 215-12424, dated October 2015. The amended geotechnical report must be prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The amended report must: a Include a stability assessment of the proposed basement

excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must: i Be based on existing geotechnical conditions of

the site; ii Refer to specific engineering drawings and cross-

sections; and iii Inlcude detailed stability calculations

demonstrating that the proposed batter or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than 1.5 against geotechnical instabilities (e.g. sliding, rotational failure, slip circle failures etc.);

b Assess the suitability of the proposed basement excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve;

c Identify the overall potential adverse effects of the proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements;

d Include a site-monitoring plan: i For the entire construction period and a post-

construction period of at least three months in order to ensure the stability of the adjacent properties/structures;

ii Which includes plans and cross-sectional drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and

iii Which includes a contingency plan in the event that instability of the adjacent properties/structures



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arises or is detected during the construction period;

e Include certification from a RPEQ specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures; and

f Confirm that the structural integrity of any existing water and sewerage infrastructure assets that are owned and operated by Gold Coast Water or Link Water, traversing the site is maintained due to the proposed basement excavation over the site.

24 Compliance assessment of amended geotechnical report The abovementioned amended geotechnical report is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • The City Plan Landslide Hazard Overlay Code; • The City Plan Changes to Ground Level and Creation of

New Waterways Code; • City Plan Policy – Land Development Guidelines; and • Link Water’s Consent Guidelines – June 2009. Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site.

The amended geotechnical report is not an approved report until a compliance certificate has been issued in respect of it.

25 Compliance certificate with future building work development applications A copy of the compliance certificate for the amended geotechnical report must be provided with any future building work development application.

26 Basement excavation and associated drawings are consistent with amended geotechnical report The applicant must submit to Council certification from a

Timing Prior to the issue of a development permit


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Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved amended geotechnical report.

for building works.

27 Basement excavation and dewatering must be carried out in accordance with amended geotechnical report All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved amended geotechnical report.


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

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

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

Advisory note: • The installation of any ground anchors into any adjacent

private property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

• The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

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

HYDRAULICS

29 No worsening of hydraulic conditions The development must be designed and constructed so as to



194 Adopted Report


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. 30 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.



31 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Stormwater Management Plan for a Medical Centre at Lot 200 on SP215703, 2125 Gold Coast Highway Miami QLD” prepared by Coote Burchills Engineering Pty Ltd dated 24 August 2015. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).


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

device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

b The signing person must acknowledge that he/she is aware that the Council of the City of Gold Coast relies upon his/her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of any works on-site.

33 Monitoring of the proprietary treatment devices a The owner or the legal entity of the development must

carry out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to



195 Adopted Report


Council for record keeping purposes. b Alternatively, the proponent shall submit a certification or

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

34 SQIDs maintenance management plan a Prior to commencement of the use of the premises, a

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

to the device (e.g., installation, inspection and replacement/maintenance, reporting, certification, health and safety plans, training, area of land required to install the device etc);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

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

c The body corporate/legal authority shall submit to Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed.

d The body corporate and/or legal authority of the development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council.

e In case of failure to achieve the designed pollutant load reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land



196 Adopted Report


Development Guidelines) at no cost to Council. Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994.











DEWATERING MANAGEMENT PLAN

36 Preparation of dewatering management plan A dewatering management plan must be prepared by a suitably qualified professional engineer (RPEQ or equivalent). The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, October 2014) and include (but not limited to) the following: a Purpose of dewatering (ie an explanation of why

dewatering is necessary); b Dewatering technique (i.e. wellpoint, deep well, open

hole etc.);



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c Anticipated dewatering flow rate and total dewatering duration;

d Controls (i.e. settling tank, turbidity curtain etc.) and method of effluent discharge;

e Measures and techniques to manage noise, vibration and odour issues;

f Measures and techniques to manage geotechnical stability issues;

g Contingency plan in case of emergency situation; h If dewatering conducted in a contaminated area,

engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2;

i A monitoring program to ensure that effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines;

j Baseline assessment of the existing environment (eg fauna, water quality) that will receive the discharge;

k A strategy for monitoring and managing any impacts during the life and after the closure of the project;

l The point of discharge to the storm water system and to any waterway or water body;

m A hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged;

n Verification that the quality of discharge water will comply with the receiving water duration and frequency of the discharge;

o Seasonal variability of the receiving water quality; p Assessment of the viability of treating or recycling the

wastewater. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

37 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • State Planning Policy (DILGP, July 2014); • City Plan - Changes to Ground Level and Creation of New


198 Adopted Report


Waterways Development Code; • City Plan Policy – Acid Sulfate Soils Management; and • Guidelines for Dewatering Management Plan (CoGC,

October 2014). Compliance assessor: City of Gold Coast. When the request for compliance assessment must be made Prior to the earlier of: • A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

• Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.

38 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.

39 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.

OCEAN FRONT REQUIREMENTS

40 Excavated sand All excess sand excavated from the site must be managed in accordance with the following requirements: a The applicant must submit a sand management plan to

Council for approval. The sand management plan must outline appropriate actions to ensure excavated sand is appropriately cleaned, treated, placed, levelled and stabilised.

b The sand must be sieved to remove all material having a dimension greater than 20 millimetres.

c The sieved sand must be placed onto the ocean beach, profiled and stabilised in accordance with the approved sand management plan, prior to the issue of a certification of classification/final inspection certificate.

d If the sand to be excavated will exceed 2,000 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor

Timing The sand management plan must be submitted to Council for approval prior to commencement of works on site.

All other requirements of the condition must be complied with at all times.


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must: i Undertake the physical collection of any waste

material deposited on the beach as a result of the sand deposition; and

ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.

AMENITY

41 Hours of operation a All activities associated with the operation of the

Medical Centre and Shop are to be conducted only between the hours of 8 am to 8 pm on Monday to Saturday and 8 am to 12 pm Sunday.


42 Non Accessible Roof Area Level 2 All north and east external areas are not accessible to staff or patients and must only provide for access limited to maintenance as identified on Floor Plan Lvl 2, DD05 dated 22/4/16 by Greg Kearny Architect to the satisfaction of the Chief Executive Officer.




44 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.


45 Screening of storage The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


46 Padmount Transformer If a pad mount transformer is required, the Applicant must ensure it is screened in the same materials and colours as the proposed building and its location must not result in a loss of landscaping.


47 Boundary fencing finishes All new boundary fencing to be constructed as a result of the development shall be externally painted and or treated, to the satisfaction of the Chief Executive Officer.



200 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 48 No nuisance from lighting

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


BUILT FORM

49 Balconies to be unenclosed All balconies must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice.


ADVERTISING DEVICES

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



51 Acoustic design and construction a The development must be designed and constructed in

accordance with the recommendations outlined in the acoustic report prepared by Acousticworks P/L dated 20/11/15 (Reference No. 2015437 R01 2125 Gold Coast Highway, Miami RTN ENV).

b Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.


52 Compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council seeking approval. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.


53 Acoustic barrier A 1.8 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in the acoustic report prepared by Acousticworks P/L dated 20 November 2015 (Reference No. 2015437 R01 2125 Gold Coast Highway, Miami RTN ENV).



201 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 54 Delivery hours

Delivery activities must be conducted between the hours of 7am to 6pm daily.


55 Refuse bins – servicing point The refuse bin servicing point must be located in accordance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the waste collection vehicle



d Constructed hardstand with a solid concrete base or acceptable equivalent

e Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway

f Connected to the crossover by a paved path g Not be situated within twenty (20) metres of an

intersection (including opposite a T-intersection) or roundabout

h Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

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



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

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

b Without limiting the requirements of the City Plan’s Landscape Work Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or


Landscape Intent, being Sheets 1-12, Landscape



202 Adopted Report


Intent, Date April 2016, Prepared by Deep Rainforest co. and the perspective drawings showing green walls & trellis systems forming part of the approved plans pursuant to Condition 1;

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

iv Comply with City Plan Policy – Landscape Work; and

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

conditions, tree species must be evergreen canopy trees with a minimum bag size of 100 litres at the time of planting;

B Trees planted within the frontage setback areas must be a minimum bag size of 200 litres at the time of planting;


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

E Screening shrubs (Syzygium species or similar) to be planted along the Northern and Eastern boundaries must be a minimum bag size of 45 litres at the time of planting and capable of achieving a minimum height of 4 metres at maturity;

F No trees are to be planted within the sewer easement;

G Trees within the garden located on the corner of Gold Coast Highway and Messines Crescent must be positioned so as to not obstruct signage;

H Size and location specifications of signage must be submitted with detailed landscape plans;

I Planting on the roof of Level 2 must be within fixed, permanent planter boxes provided with irrigation and drainage (not movable pots);

J All hedging species along the frontage must be capable of attaining a minimum of one (1) metre in height at maturity; and

K Pedestrian sight triangles must incorporate low plantings (maximum 300mm in height).


203 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 57 Podium Planter Boxes

a Detailed specifications of the planters must be submitted with Detailed Landscape Plans;

b Planter boxes must include a minimum surface area of 1.5 square metres;

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

d Trees planted within planters must be suitable for root zones growing in confined spaces; and

e An automatic irrigation system must be provided for all podium planter boxes.


58 Trellis and Green walls The applicant must submit with the application for operational

works (landscape work), construction details, specifications and a maintenance management plan relating to the trellis, and/or green wall systems. The management plan must: a Provide detailed information as to how the irrigation

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

b Stipulate a maintenance schedule for these systems; c Describe actions to be taken if the systems should fail

to function as intended.

Timing In the wording of the condition.

59 Frontage Fencing Any frontage fencing for this development must comply with the following: a The fence is not forward of the building line.


PUBLIC ROAD RESERVE

60 Streetscape works within public road reserve a The applicant is required to ensure that street trees are

planted within public road reserve directly fronting the subject site along the Gold Coast Highway, Schuster Avenue and Messines Crescent.

b The location, quantity and species shall be determined through the assessment of the development application for Operational Works (Public Landscape) required by conditions of this approval.

c All street trees and landscape works to be undertaken in the public road reserve must demonstrate compliance with: i City Plan Policy – Land Development Guidelines; ii City Plan Policy- Landscape Work; iii Be constructed at no cost to Council.



204 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 61 Detailed landscape plans for public road reserve to be

submitted for approval a The applicant must submit to Council for approval

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

b Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c Without limiting the requirements of the City Plan’s Landscape Work Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or


Landscape Intent, being Sheets 1-12, Landscape Intent, Date April 2016, and Prepared by Deep Rainforest co.

iii Reflect the final approved layout and conditions of this approval;

iv Comply with City Plan Policy- Landscape Work; v For works in the public road reserve – comply

with the following requirements: A Trees must not be aligned with side

boundaries or where underground services are located;

B Tree planting must be set back a minimum of one (1) metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800mm on maturity;

D Trees must be kept a minimum distance of two (2) metres laterally from inlet gullies;

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of City Plan Policy- Landscape Work ;and

Timing Prior to any landscape works occurring.


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d The landscape works must be constructed in accordance with the approved landscape plan.

e The applicant must provide landscape maintenance schedules as part of the public landscape application. The maintenance schedules must: i Be in accordance with section 3.1 of the Gold

Coast City Council Open Space Management Guidelines;

ii Complete and submit table 6 – Maintenance Monitoring Timelines from the Gold Coast City Council, Open Space Management Guidelines (November 2007) and;

iii Complete and submit Table 7 – Maintenance Activity Specification Summary Table from the Gold Coast City Council, Open Space Management Guidelines (November 2007)

iv Insert completed tables (6&7) within submitted drawing sheets

f Be submitted with the OPW public landscape application

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

62 ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

63 Establishment period for public road reserve planting a Upon completion of the public landscape works in

accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 8052) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a six (6) month ‘Establishment Period’, prior to the commencement of ‘On Maintenance’ period in accordance with City Plan Policy – Land Development Guidelines

c Without limiting the obligations in accordance with City Plan Policy – Land Development Guidelines

d the applicant must, during the ‘Establishment Period’: i Rectify any defects arising from substandard





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iii Maintain all components and their environs. 64 ‘On Maintenance’ period for public road reserve planting

a The applicant must notify Council’s Contributed Assets Section (ph: (07) 5582 9034) when the landscape works are complete and established as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance of this site ‘On Maintenance’.

b Upon satisfactory completion of the ‘Establishment’ period and Council notifying the applicant that the landscape works have been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a twelve (12) month ‘On Maintenance’ period in accordance with in accordance with City Plan Policy – Land Development Guidelines


c The applicant must notify Council’s Contributed Assets Section (ph: (07) 5582 9034) when the ‘On Maintenance’ period is complete as per the approved landscape plans for this site, for an on-site meeting.

Timing Prior to acceptance by Council of ‘Off Maintenance’.

d Without limiting the obligation in accordance with City Plan Policy – Land Development Guidelines the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage


Timing At the time of landscape works and then to be maintained.

65 Standard of works/embellishments within road reserve Works undertaken and embellishments installed within public road reserve must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.


66 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted

in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for

maintenance of the defined cartage route) during


The approved construction management plan must be complied with and


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hours of construction; ii Traffic management (including loading and

unloading); iii Parking of vehicles (including on site employees

and delivery vehicles); iv Maintenance of safe pedestrian movement

across the site’s frontage/s (including by people with disabilities);

v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.

c The construction management plan must demonstrate that: i the general public will be adequately protected

from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and

protection of Council assets will be well managed.

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

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

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

b Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

c Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

kept on-site at all times during construction works.

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

‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994)



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at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise.

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

part 3 of the Environmental Protection Regulation 2008; and

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

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

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

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

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

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

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

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

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

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

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

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994)



209 Adopted Report


at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

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

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




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

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

emissions; iii identify the measures and work practices that will

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

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

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

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

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

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

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



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

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

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

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

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

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







211 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 71 Water usage

The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance

with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;

b The applicant must first complete the Recycled Water User Operator Training with Gold Coast Water, in accordance with the RWMP. Proof of completion of the training course will be by issue of a valid certification card;

c The applicant can only contract to use a recycled water carrier who is accredited and certified by Gold Coast Water. Accreditation requires a current authorised agreement between the water carrier and Gold Coast Water; and

d The water carrier is only allowed to employ certified tanker operator/drivers, who have completed the recycled-water training course with Gold Coast Water and hold a valid certification card.

Information note: To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692. Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.




73 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety



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of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.













Guidelines. Information note: Water supply plumbing works must not be carried out until a



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76 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


SEWERAGE

77 Sewer reticulation a The development must be connected to Council’s sewer

reticulation system at no cost to Council. b The size of the sewer property service connection shall

be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).




79 Connection point The existing 150mm main located along the northern boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.


80 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant’s cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


81 Connection and disconnection – arrangements with Gold Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must

Timing Prior to connection and/or disconnection to existing


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obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

infrastructure.








Timing The terms of the easement shall be executed prior to commencement of the use of the premises.



minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water.


the maintenance hole cover frame, or ii 1.3m must be maintained from the centre of the

maintenance hole. Note: (Option 2) Determined on request. Investigation to be performed by an authorised person.




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84 Water supply reticulation (potable only) a The development must be connected to Council’s

potable water supply reticulation system at no cost to Council.





86 Connection point The existing 100mm main in Messines Crescent must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


87 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for

Council’s approval, for water meters 100mm and above; b Following approval of the OPW (if required), make

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

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant’s cost. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.


88 Individual sub-metering to be provided The applicant shall provide individual sub-metering for all tenancies within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008,

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


216 Adopted Report


as follows unless otherwise approved by Gold Coast Water. a All meters and their locations shall be approved by

Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be

utilised where free access for meter reading cannot be provided.

c Must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.





91 Potable Water Supply – Maximum Offtake from Council's Water Network The maximum instantaneous offtake flow for Multi Residential Dwellings and Commercial/Industrial Development shall be in accordance with Table 4.1 of Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Advice note: The applicant shall determine the expected maximum domestic flow rate and any on-site storage that may be required should that flow rate exceed the maximum allowable.

Timing Prior to submission of hydraulic calculations for Building Works.

92 Fire loading Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.




C Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

D Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding


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this decision, pursuant to section 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.

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







F Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of Infrastructure Local Government and Planning




218 Adopted Report

ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 G Indigenous cultural heritage legislation and duty of care requirement


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

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

J Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.


219 Adopted Report



ITEM 3 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MEDICAL CENTRE & SHOP (PHARMACY) - LOT 200 ON SP215703 - 2125 GOLD COAST HIGHWAY, MIAMI - DIVISION 12 PN307477/01/DA1 K Water restrictions to be complied with

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

L Mechanical Surveillance Should mechanical surveillance (e.g. CCTV) be installed on the premises, footage

should be retained for a minimum period of 30 days and provided to Police upon request.

M Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

N Clinical or Related Waste All clinical or related waste as defined in the Waste Reduction and Recycling Act 2011 must be stored in an area that is not accessible to animals or persons, other than persons who are authorised by the person operating the premises to enter the area. The applicant is advised to contact the Department of Environment and Heritage Protection on 1300 130 372 to discuss requirements.

O Trade Waste Approval A trade waste approval must be obtained from Gold Coast Water prior to the discharge from the premises of any trade waste to Gold Coast Water’s wastewater system. All discharges must be in accordance with Gold Coast Water’s wastewater system admission limits. Further information may be obtained from Gold Coast Water on 1300 000 928.

CARRIED Cr P J Young voted in the negative.

Cr G Baildon was absent for the vote.


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MIAMI MEDICAL CENTRE PERSPECTIVE - GOLD COAST HIGHWAY (SOUTH)

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MIAMI MEDICAL CENTRE ELEVATION - MESSINES CRESENT

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dwg no.

file no.

450 Southport Nerang RoadAshmore Qld 4214P.O Box 894 AshmoreQld 4214

Tel: (07) 5679 0185Mob: 0411 756 [email protected]

ABN: 87680470033Reg no. 2439

GREG KEARNEYa r c h i t e c t

printed 22/04/2016Miami Medical Centre

(Design Development) 2125 GCHW Miami

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ADJACENT BUILDING2 storey



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N Site Plan 1:500


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radiology

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660 l660 l 240 l

surg waste

Schuster Ave

Gold Coast Highway

boundary line

boundary line

c/l sewer line

boundary line

boundary line

line of bld over

Site area - 1272 m ²GFA

Floor Area- 559.24 m ²

MEDICAL CENTRE



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ease

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52 58

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refer to landscapeintent plans forexternal soft landscaping

wheel stops

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footpath

colour bond finishroller doors enclosureto waste storage

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plywood finish to ceilingglass balustradeplywood finish to soffitbelowimpervious awning,

shading device-composite material fasciaplywood sheeting soffit

garden wallaligned to wallbelow, wall showndashed, referground level

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roof overhanggutter line

roofoverhang

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exposed rafters

air conditioning unitsacoustic louvre panelscreening


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all north and eastexternal areas notaccessable to staffor patience,access limited tomaintenance

edge of bldingbelow

glass balustradesafety barrier

edge of bldingbelow

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Site Section E/W 1:500


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GCCC Maps

0 74 148 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.


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ITEM 4 CITY DEVELOPMENT BRANCH COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3


1 OVERVIEW Site address 104 Helensvale Road Helensvale

Application description Combined Development Permit for Making a Material Change (Impact Assessment) of Use for a Service Station and Development Permit for Operational Works (Advertising Device).


Proposal

Proposal is to establish a 7/11 Service Station, inclusive of the following particulars:

The fuel/retail shop will be located within the south-eastern portion of the subject site, occupying 173m² in Gross Floor Area (GFA).

The fuel canopy will be located centrally within the subject site with eight (8) petrol bowsers.

Car Parking and Access A total of 12 car parking spaces are proposed to service the

development. Access will be provided directly off Helensvale Road, through

separate ingress and egress points.

Main Considerations/Resolution

Consideration Resolution Traffic congestion of local road network.

Council officers consider that consumers seeking to utilise the Service Station will already be travelling within the local road network, as opposed to generating additional demand.

Odours and Emissions impacting upon neighbouring land uses.

An Air Quality Assessment report has been submitted demonstrating a two (2) staged vapour recovery system to mitigate and treat vapour loss into the air.

Submissions

Objections Support 7 properly made objections 0 not properly made objections

0 properly made ‘in support’ 0 not properly made ‘in support’


Traffic, Amenity, Odour and Emissions, Economic Need and Community Safety.

Referral agencies Not Applicable Officer's recommendation Approval


230 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT


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


11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.6 Gold Coast Water 11.7 City Infrastructure 11.8 Plumbing and Drainage 11.11 Hydraulics and Water Quality 11.13 Arborist 11.14 Landscape Assessment 11.17 Social Planning




231 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 2 EXECUTIVE SUMMARY Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003 (amended November 2011), the proposed land use is defined as a Service Station, which triggers Impact Assessment as per Table of Development ‘A’ within the Detached Dwelling Domain Place Code.

The proposed development has been assessed against the relevant provisions listed within the Detached Dwelling Domain Place Code, Service Stations Specific Development Code, Landscape Works Specific Development Code and all applicable Constraint Codes within the Planning Scheme. Alternative solutions are proposed relating to Amenity, Function of Use and Building Appearance, which have been addressed and determined to satisfy the relevant Performance Criteria.

In response to public notification, a total of 7 submissions were received. The main points raised in opposition to the development are as follows: Amenity – Proposed Service Station to detrimentally impact on the existing residential

amenity associated to the locale (operational noise, associated customers and late night operations).

Traffic – Helensvale Road is currently congested during peak hours and the proposed Service Station will add additional traffic to the local network.

Odours and Emissions – Proposed Service Station in close proximity to residential dwellings, a Child Care Centre and School.

Pollution – Run off of petroleum into wetlands during rain events. Community safety – In close proximity to a school and a Child Care Centre. Economic need – Need for proposed development with other Service Stations located in

the locale. The concerns raised by the submitters have been considered in the assessment of this application, with suitable conditions of approval provided to address such concerns where appropriate.

An assessment of the application and associated documents against the relevant provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003 has concluded that the proposal does not conflict with the intent of the Detached Dwelling Domain. It is therefore recommended that the development application be approved subject to conditions.


232 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 3 APPLICATION INFORMATION

Real property description Lot 11 on RP214070 Applicant Hargreaves Property Owner at time of lodgement Cheryl Roberts Current owner Cheryl Roberts Site area 5,000m² Date application received 15 September 2015 Date entered decision 21 December 2015 Domain Detached Dwelling Domain City Plan Low Density Residential Zone (Large lot precinct) State planning policies Applicable Decision type Combined Development Permit for Material Change

(Impact Assessment) of Use for a Service Station and Development Permit for Operational Works (Advertising Device).

4 BACKGROUND No background history applicable for the subject site or proposed development

5 PROPOSAL The application proposes a Service Station development to be established within the parameters of the subject site. The proposed building will be one (1) storey in building height, with a total site coverage of 456m² (9.13%) inclusive of the fuel dispensing canopy and the petrol/retail shop.

Figure 1 – Perspective plan

The fuel/retail shop is proposed to be located within the south-eastern portion of the subject site, occupying 173m² in Gross Floor Area (GFA). The fuel canopy proposed to be located centrally within the subject site, incorporating eight (8) petrol bowsers.

Setbacks:


233 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 The proposed Service Station proposed to be setback the following distances from the subject sites property boundaries:

North (rear) East (Side) South (front) West (Side)

43 metres to the wall of the building.



8 metres to the fuel canopy


Figure 2 - Site Plan

Car Parking/Access

A total of 12 car parking spaces are proposed to service the development. Access will be provided directly off Helensvale Road, through separate ingress and

egress points.

Hours of Operation

Service Station land use to be conducted 24 hours a day, 7 days a week.

Waste Management

Waste will be stored within a ‘service yard’ which is connected to the building, which will house a bulk bin for general waste and a bulk bin for recycling waste.


234 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 6 SITE & ENVIRONMENT 6.1 Characteristics of site The specific descriptions of the subject site are as follows:

The area of the subject site is 5,000m²;

The subject site is located on the northern side of Helensvale Road;

The subject site has a road frontage of 51m along Helensvale Road;

The topography of the site is predominately flat, increasing in slope towards the rear of the site;

The subject site is located in the Detached Dwelling Domain;

The subject site is encumbered by sewer infrastructure that traverses along the northern and eastern boundaries of the site, within a registered easement; and

The subject site is currently improved with a Detached Dwelling.

Figure 3 - Subject Site


235 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3

Figure 4 - Subject site Figure 5 - Child Care Centre to the east

Figure 6 - Helensvale Road frontage Figure 7 - Helensvale State School

6.2 Characteristics of surrounding environment The subject site is located within a suburban context, at the fringe of a residential pocket of the Detached Dwelling Domain, where the immediate adjoining properties to the east and west have been developed for commercial purposes. The site is directly located along Helensvale road, which attracts a high level of traffic during peak hours, due to Helensvale Road acting as a main east-west thoroughfare from the Pacific Highway (M1) . The subject site is predominately surrounded by residential development, consisting of detached dwellings and is located directly across the road form the Helensvale State School.

North: Residential development consisting of Detached Dwellings are located directly to the north of the subject site. East: A Child Care Centre and a small commercial complex are located directly to the east of the subject site. Residential development consisting of detached dwellings are located further to the east. South: The subject site abuts Helensvale Road directly to the south, with the Helensvale State School located to the south of Helensvale Road. Residential development consisting of Detached Dwellings are located further to the south. West: A Veterinary Clinic is located directly to the west of the subject site. Residential development consisting of detached dwellings are located further to the west.


236 Adopted Report


Figure 8 - Locality Map

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

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

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


Refer to section 8.



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

242 applies N/A

a planning scheme Refer below

Subject Site

Retail shops

Helensvale State School

Child Care Centre

Veterinarian Clinic


237 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 the infrastructure charge resolution or the priority

infrastructure plan. Infrastructure Charges will be applicable


the common material The common material has been considered throughout the assessment process.


N/A

any referral agency’s response for the application N/A 7.1 City Plan The subject development application was lodged with Council on the 15 September 2015 and entered the Decision Making Period on 21 December 2015 (prior to the City Plan commencing). The assessment of the development application has been made entirely against the provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003, being the Scheme in force at the time of the Decision Making Period commencing.

Therefore, Section 317 of the Sustainable Planning Act 2009 is not applicable in this scenario and the assessment of this application has been made entirely against the provisions of the ‘Our Living City’ Gold Coast Planning Scheme 2003.

7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Detached Dwelling Domain Place Code


Service Station Specific Development Code Landscape Work Specific Development Code Advertising Device Specific Development Code \Works for Infrastructure Specific Development Code

Relationship to the Domain or LAP The subject site is located in the Detached Dwelling Domain.

Pursuant to the Planning Scheme, the proposed land use is 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:


238 Adopted Report


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;

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.”

The land use triggers impact assessment pursuant to Table of Development ‘A’ (material change of use).

The intent statement for the Detached Dwelling Domain reads:

“The purpose of this domain is to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and enhance the suburban character and residential amenity of these low density residential neighbourhoods.


239 Adopted Report


This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include:

providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment;

providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes;

providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and

facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.”

Officer’s Comments:

Pursuant to the Table of Development of the Detached Dwelling Domain a Service Station is a ‘listed’ impact assessable land use. The proposed Service Station is considered an ‘appropriate’ land use, pursuant to Part 5, Division 1, Chapter 2, 4.6.1 Material Change of Use, which states:

“All uses included in Section A of the Table of Development may be considered as appropriate for the domain to which the Table of Development applies, subject to each use meeting the relevant assessment criteria.”

By virtue of the listing of a Service Station in the Table of Development, the Planning Scheme determines that the land use is an appropriate outcome for the Domain, subject to the scale and intensity of the use being appropriate for the context of the area. In considering the establishment of the proposed development on site, the characteristics of the immediate area is noted as presenting as a mixture of low scale commercial land uses, opposed to that of a traditional Detached Dwelling Domain area. The characteristics of the site and surrounds give rise to the consideration of a similar non-residential land use consistent with that established in the locality.

Specialist reports, including an Acoustic Report, Traffic Impact Analysis, SHIA report and Air Quality Assessment report were submitted with the development application, which have demonstrated that the impacts associated with the operation of the use can be mitigated to a level that is appropriate for maintaining the residential amenity and existing character of the local area.

It is acknowledged that the proposed development is for a non-residential development land use; however, as demonstrated throughout this planning report, the scale, intensity and management of amenity impacts will ensure the development will not compromise the residential amenity envisaged within this Domain.

Therefore, Council officers consider the proposed Service Station development will not compromise the intent of the Detached Dwelling Domain.

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


240 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Amenity

Performance criteria Acceptable solution PC13 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.

AS13 No acceptable solution provided.

Officer’s comments:

The proposed development will not have adverse effects on the amenity of neighbouring properties, as discussed herein:

Noise – The Acoustic Report submitted with the development application demonstrates that the proposed Service Station will comply with the acoustical limitations set out in the Acoustic Reports recommendations. Noise generated from activities occurring on site will be mitigated through acoustic fencing, which will maintain noise levels to surrounding properties to acceptable standards.

Hours of Operation – It is not anticipated that the proposed hours of operation will have any detrimental impacts on the locale. The proposed Service Station development will operate 24 hours a day, 7 days a week, but has been positioned in a manner that will not impact upon any residential development in the locale. In this regard, the development is located in the part of the site which fronts Helensvale Road and immediately adjoins commercial based land uses, while being sufficiently separated from adjoining residential dwellings.

Councils Social Planning section have reviewed the proposed development and have determined that the operating hours are appropriate with CPTED principles and Security Management measures installed. Conditions of approval have been included within the recommendation requiring the implementation of these measures.

For further comments in regards to Social Planning’s assessment of the SHIA report, please refer to Appendix ‘C’.

Traffic – The Traffic Impact Assessment (TIA) submitted with the development application demonstrates that the traffic generated from the proposed Service Station will not adversely impact upon the local traffic network. The TIA demonstrates that Helensvale Road is already saturated in terms of traffic movements within peak hours.

Councils Transport Assessment has adopted the rate of 90% ‘drop in’ traffic with 10% generated traffic for other Service Station developments and believes that this is a definitive representation of traffic associated to a Service Station development.


241 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 For further comments in regards to the Traffic Impact Analysis (TIA), please refer to Appendix ‘A’.

Lighting – It is not anticipated that the proposed Service Station development will have any detrimental impacts on the locale, in regards to lighting. The proposed development will operate 24 hours a day. The proposed illumination associated to the developments signage will not directly interface with any residential development. A condition of approval has been included within the officer’s recommendation, requiring the lighting to not cause nuisance to neighbouring properties.

Signage – Councils Licensing and Approvals section has reviewed the proposed Operational Works (Advertising Devises) application, which is combined with the Material Change of Use. Officers support the OPW application subject to amended plans. The amended plans are requiring the main pylon sign to be reduced from 10m to 7m in building height and form part of Condition 1 for the Operational Works approval (Part B).

Visual amenity – The proposed development will be located within a small block of non-residential land uses fronting Helensvale Road, which carries a high volume of traffic movements. The Service Station has been designed to be setback an appropriate distance from all boundaries, in addition to appropriate landscape treatments to soften the built form to the road frontage.

The development will require acoustic fencing along the eastern boundary, with a maximum height of 2.4 metres, constructed of solid material.

Privacy – Proposed fencing, inclusive of traditional fencing and acoustic fencing will mitigate any privacy issues from the ground level. The proposed development will be setback approximately 100m from the closest residential dwelling, thereby having minimal impacts on the privacy of any residential dwelling.

Odour and Emissions - Council’s Environmental Health Officer (EHO) has reviewed the submitted Odour/Air Quality report addressing the potential impact of the vapour emissions produced by the proposed Service Station. The development has proposed two (2) stages of vapour recovery-design and installation to mitigate any potential emissions released into the air.

For further comments in regards to odour and emissions, please refer to Appendix ‘B’.

Therefore, it is considered by Council officers that the proposed development complies with Performance Criteria 13 (PC13) of the Detached Dwelling Domain Place Code.

Advertising Devices

Performance criteria Acceptable solution PC9 All signage should be complementary to the design and style of the buildings on the site on which it is located and to signs and development on adjoining sites. All advertising devices must be designed and constructed to complement the local character of the area.

AS9.1 All buildings containing a commercial use component contain signage envelopes on the exterior of the frontages of the building structure, to enable the signage requirements of the end use business operation to be satisfied. Such signage envelopes allow for signage which does not dominate the façade and which complements the design of the building.


242 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Officer’s comments:

Council’s Licensing and Approvals section have reviewed the proposed Operational Works (Advertising Devices) application, which is combined with the Material Change of Use component.

Licensing and Approvals have included an amended plans condition as part of their recommendation, which requires the main pylon sign to be reduced from 10m to 7m in total building height. With this amendment, officers consider the proposed signage to comply with Performance Criteria 9 (PC9) for the following reasons:

The design of the signage is complementary to the design and style of the building, incorporating identical colours to blend in with the built form of the development.

The size of the main pylon sign will be consistent with signs located on adjoining properties, complementing the local character.

Therefore, Council officers consider the proposed development to comply with Performance Criteria 9 (PC9) of the Detached Dwelling Domain Place Code.


Service Station Specific Development Code Landscape Work Specific Development Code Advertising Device Specific Development Code Works for Infrastructure Specific Development Code

Service Stations Specific Development Code

The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria, except as follows:

Function of Use

Performance criteria Acceptable solution 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.


Acceptable Solution 8 (AS8) intends for a maximum retail floor space of 80m². The Service Station development is proposing the petrol shop to be 173m², in which Council officers consider will still satisfy Performance Criteria 8 (PC8) for the following reasons:

The total area of the retail floor space is approximately 78m², with the remaining area utilised as ‘back of house’ with the retail component only providing a small range of goods with limited variety to customers using the fuel station.

The proposed size of the retail component is similar to other modern Service Station developments and Council officers consider the proposed size will provide greater efficiency to future customers, whilst remaining ancillary to the Service Station land use.


243 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Therefore, Council officers consider the proposed development to comply with Performance Criteria 8 (PC8) of the Service Station Specific Development Code.

Building Appearance

Performance criteria Acceptable solution 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.

AS10 No acceptable solution provided.


The proposed Service Station offers a modern and functional appearance which will enhance the local area, which includes adequate landscaping and architectural elements that add visual interest.

The proposed development will face in towards the centre of the subject site, providing a functional layout for customers of the development.

Therefore, Council officers consider the proposed development to comply with Performance Criteria 10 (PC10) of the Service Station Specific Development Code.

Traffic Impacts

Performance criteria Acceptable solution PC13 The traffic and parking generated by the proposed Service Station on the surrounding road network must not result in unacceptable impacts on adjacent land and local road users.

AS13 A traffic impact analysis, which has been undertaken by suitably qualified and experienced person, identifies the expected traffic movements generated by the proposal, any associated impacts on the road network, and any work that will be required to address the identified impacts. The traffic impact analysis includes, but is not limited to, the following recommendations: a) construction of concrete kerb and channelling, road widening, pavement and footpaths; b) construction of a six metre wide deceleration lane along any frontage of the site; c) provision of a corner truncation of nine metres by three equal chords at a right angled corner; d) dedication of all land required for corner truncations and/or deceleration lanes.


244 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Officer’s comments:

Acceptable Solution 13 (AS13) requires the applicant to submit a Traffic Impact Analysis (TIA) to identify the expected traffic movements generated by the proposal and any associated impacts on the road network. Councils Transport Assessment section has reviewed the proposed development and associated TIA and have determined that majority of the traffic movements associated to the Service Station (adopted rate of 90%) will be ‘drop in’ traffic already travelling along the local network (Helensvale Road, Discovery Drive and Hannaford Place.

Council officers consider the proposed Service Station will not result in unacceptable impacts upon adjacent land or the local road network.

Please refer to Appendix ‘A’ for an assessment of the Traffic Impact Analysis (TIA).

Therefore, Council officers consider the proposed development to comply with Acceptable Solution 13 (AS13) and therefore Performance Criteria 13 (PC13) of the Service Station Specific Development Code has also been achieved.

Landscape Work Specific Development Code

The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria. Where conditions of approval are required, they have been included within the officer’s recommendation.

Advertising Device Specific Development Code

The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria. Please refer to the discussion for Performance Criteria 9 (PC9) of the Detached Dwelling Domain Specific Development Code in relation to the assessment of the proposed signage associated with the development.

Works for Infrastructure Specific Development Code

The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria. Where conditions of approval are required, they have been included within the officer’s recommendation.

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:



The proposal complies with all of the Constraint Code’s Acceptable Solutions and Performance Criteria. Where conditions of approval are required, they have been included within the officer’s recommendation. For discussion, the development’s car parking and servicing is documented below:

Car Parking Provision

Compliance with Acceptable Solution 16 (AS16.1) would require the provision of ten (10) car parking spaces on-site. The proposed development demonstrates twelve (12) car parking spaces (including a PWD bay) wholly contained within the subject site. Compliance with Acceptable Solution 16 (AS16.1) has been achieved.


245 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Servicing

Compliance with Acceptable Solution 14.1 (AS14.1) requires the development to be accessed by an Articulated Vehicle (AV). The proposed development demonstrates swept paths that displays access to and from the site by a 19 metre Articulated Vehicle (fuel tanker), with entry/exit to/from Helensvale Road in a forward gear. Compliance with Acceptable Solution 14.1 (AS14.1) has been achieved.

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.


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


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 October 2015.





Architect

Gold Coast Water

City Infrastructure



Operational Works



Arborist


Beaches and Water


Social Planning



246 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 11.1 Health and Regulatory Services Health and Regulatory Services was referred a copy of the development application to analyse and provide comments/conditions. Council’s Health and Regulatory Services department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to Acoustic Design, Waste and Odour and Emissions. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

Please refer to Appendix ‘B’ for comments in regards to officer’s assessment of the Odour and Emissions report.

11.2 Transport Assessment Transport Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Transport Assessment department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to Car Parking, Loading, Bicycle Facilities and Pedestrian Sightlines. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

Please refer to Appendix ‘A’ for an assessment of the Traffic Impact Analysis (TIA).

11.6 Gold Coast Water Gold Coast Water was referred a copy of the development application to analyse and provide comments/conditions. Gold Coast Water have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

Conditions of approval have been recommended relating to Water Infrastructure and Sewer Infrastructure. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

11.7 City Infrastructure City Infrastructure was referred a copy of the development application to analyse and provide comments/conditions. Council’s City Infrastructure department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to the Vehicular Crossover (VXO). The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

11.8 Plumbing and Drainage Plumbing and Drainage was referred a copy of the development application to analyse and provide comments/conditions. Council’s Plumbing and Drainage department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to Water and Sewer. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.


247 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 11.11 Hydraulics and Water Quality Hydraulics and Water Quality was referred a copy of the development application to analyse and provide comments/conditions. Council’s Hydraulics and Water Quality department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to Stormwater Design, Treatment Devices and Erosion and Sediment Control. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

11.13 Arborist Arborist was referred a copy of the development application to analyse and provide comments/conditions. Council’s Arborist department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to the lodgement of an Operational Works (Vegetation Works) application. The recommended conditions of approval have been reviewed and included in the officer’s recommendation.

11.14 Landscape Assessment Landscape Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Landscape Assessment department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to Landscape Work and Fencing. The recommended conditions of approval have been reviewed and included in the officer’s recommendation

11.17 Social Planning Social Planning was referred a copy of the development application to analyse and provide comments/conditions. Council’s Social Planning department have assessed the application and determined it to be satisfactory, subject to conditions.

Conditions of approval have been recommended relating to CPTED principles and Security Management. The recommended conditions of approval have been reviewed and included in the officer’s recommendation

Please refer to Appendix ‘C’ for Social Planning’s assessment of the submitted SHIA report.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies No Concurrence Agencies applicable for this development application.

12.2 Advice agencies No Advice Agencies applicable for this development application.

13 DEVELOPMENT INFRASTRUCTURE Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which will accompany Councils decision notice.


248 Adopted Report


Charges Resolution v1.1 of 2015

Qty Rate Gross Charge Amount

Commercial (Retail) 173 sq m Gross Floor Area @ $ 180.00 $ 31,140.00

Impervious Area 0.1855 Hectares @ $ 100,000.00 $ 18,550.00

$ 49,690.00

Net Charge Summary

Gross Charge Amount Applied Credit Amount Net Charge Amount

$ 49,690.00 $ 28,000.00 $ 21,690.00

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, 7 submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Amenity – Proposed Service Station to detrimentally impact on the existing residential amenity associated to the locale (operational noise, associated customers and late night operations).

The proposed development will be located on a site which fronts Helensvale Road, directly adjoining other commercial land uses. Directly across the road is the Helensvale State School, with the closest residential dwelling approximately 100 metres from the location of the fuel shop. It is considered by Council officers, that the location of the subject site has favourable characteristics for this form of development, being more of a low scale commercial nature than residential. An acoustic fence measuring 2.4 metres along the eastern boundary is proposed to mitigate any operational noise to the adjoining property to the east. Council’s Health and Regulatory Services section has reviewed the development application and considers that the operational noise will not have an adverse impact to surrounding properties. Conditions of approval have been included within the recommendation, in regards to Crime Prevention through Environmental Design (CPTED) and Security Management to mitigate any associated impacts directly related to late night operations. Furthermore, a condition of approval has been included requiring the lighting not to cause nuisance to neighbouring properties.


249 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Traffic – Helensvale Road is currently congested during peak hours and the proposed Service Station will add additional traffic to the local network.

The development application was submitted with a Traffic Impact Analysis (TIA) that analysed the existing traffic conditions, in addition to the impacts (if any) created by the proposed development. Council’s Transport Assessment section has reviewed the TIA and consider the findings to be a correct representation of the current and future traffic situation. In summary, the local road network (Helensvale Road) becomes saturated during peak hours (AM and PM). The TIA demonstrates that the proposed development will not generate a large amount of new vehicle movements into the already saturated area, as customers utilising the Service Station will be consumers already utilising the road network, opposed to generating traffic from other areas. Please refer to Appendix ‘A’ for an assessment of the Traffic Impact Analysis (TIA).

Odours and Emissions – Proposed Service Station in close proximity to residential dwellings, a Child Care Centre and a School.

The development application was submitted with an Air Quality Assessment report to demonstrate that the proposed Service Station will not release odours and emissions that will adversely impact upon surrounding land uses (residential and commercial). The proposed development is to utilise a two (2) stage vapour recovery system. Council’s Health and Regulatory Services section considers the system to be appropriate in mitigating the release of toxic vapours into the air. Please refer to Appendix ‘B’ for comments in regards to the Odour and Emissions report.

Pollution – Run off of petroleum into wetlands during rain events.

The proposed development has proposed to utilise a SPEL Stormwater treatment system to capture and treat water runoff during rain events. Council’s Hydraulic Engineering and Health and Regulatory Services sections have provided conditions of approval, supporting the treatment system, which will mitigate any runoff into surrounding wetlands.

Community safety – In close proximity to a school and a Child Care Centre.

Matters relating to traffic management and pedestrian-traffic conflict have been assessed by Council’s Transport Assessment section and have been deemed to be a satisfactory outcome. The proposed development incorporates separate vehicle and pedestrian access points for customers, to assist in mitigating potential safety impacts between vehicle movements and pedestrians.


250 Adopted Report

ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 Economic need – Need for proposed development with other Service Stations located in the locale.

The development application was submitted with an Economic Impact Assessment (EIA) to demonstrate the need for the proposed Service Station. In summary, the EIA demonstrates that the existing network of service stations would comfortably absorb an additional outlet at the subject site. The closest existing Service Station is located 1.6km away located along Siganto Drive, adjacent to the Pacific Motorway (M1). The proposed development will be located on Helensvale Road, which acts as a major connection road from the M1 to the inner suburbs. The report demonstrates that the proposed development will not adversely impact surrounding Service Stations and that there is a need for the proposed Service Station in this specific location.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not Applicable.

16 CONCLUSION After a detailed assessment of the proposed development, it has been determined that the proposed development complies with the intent of the Domain.

Alternative solutions are proposed relating to Amenity, Function of Use and Building Appearance, whereby the proposed alternative solutions have been assessed and have been determined to satisfy the relevant performance criteria.

After a detailed assessment of the proposal, it is recommended that the application be approved subject to conditions

17 NOTIFICATIONS




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ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 11 on RP214070 Address of property 104 Helensvale Road Helensvale Area of property 5,000m² Decision type Combined Development Permit for Material Change


Further development permits Building Works Permit, Operational Works (Vegetation Works), Operational Works (Private Landscape Works), Operational Works (Works for Infrastructure)

Further compliance permits Compliance Permit for Water Supply Plumbing Work, Compliance Permit for Sewerage Works

Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for a Service Station, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by DA 101 A Site Plan 8/02/2016 Studio Arkitecture DA 201 A Floor Plan 8/02/2016 Studio Arkitecture

DA 301 A Elevations 18/11/2015 Studio Arkitecture


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

The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.


Decision notice and approved plans/drawings to be 3 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.


Decision notice and approved plans/drawings to be 4 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.


WORKS - COMPLIANCE

Certification of compliance 5 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.



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AMENITY

Hours of operation 6

All activities associated with the operation of the use can be conducted 24 hours a day, 7 days a week.


Restricted paint colours 7 Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.


Location of equipment and ventilation/refrigeration units 8 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.


Screening of storage 9 The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


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


Roof to be non-reflective - Amenity 11 The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.



Off street car parking facilities 12 Off-street car parking facilities must be designed, a constructed and maintained, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for b vehicle parking. A minimum of 12 off-street car parking spaces including c space for air and water must be provided for on-site. Off-street car parking facilities must be drained, sealed d and line marked.



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Off-street commercial vehicle facilities 13 Off-street commercial vehicle facilities must be a designed, constructed and maintained, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must be drained, b sealed and line marked.


Freely accessible visitor car parking 14 All car parking must be accessible, not subject to a regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.


Loading and unloading 15 Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear. The largest vehicle permitted on-site is a 19 metre long d fuel tanker. The dimensions of the vehicle are to be generally in accordance with AS2890.2.


Signs and line marking 16 In addition to signs and line marking required by AS2890.1, the following must be installed and maintained at no cost to Council:

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


Sight lines to pedestrians 17 Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.



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Industrial/commercial driveways – gradients and 18 geometry

Driveways within proposed industrial/commercial lots a must comply with AS2890.2-2002 Parking facilities - Off-street commercial vehicle facilities. Where the gradient of driveways exceeds 12.5%, safe b pedestrian access facilities must be provided to Council’s satisfaction (eg. handrails, steps and/or cleats).



Vehicular crossings 19 A vehicular crossing must be designed and constructed a 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:

Site Plan - DA 101, dated 8/02/2016, drawn by i Studio Arkitecture (geometry of VXO); RS-051 Driveways – Heavy Duty Vehicle ii Crossing

The vehicular crossover section is to be generally in b accordance with the typical section outlined on the Institute of Public Works Engineering Australasia Standard Drawing RS-050. The applicant must apply for and obtain an Operational c Works (Vehicular Crossover) approval from Council for the construction of the non-standard vehicular crossing/s. The vehicular crossing/s must be constructed to the d satisfaction of the Chief Executive Officer.


Redundant vehicular crossings 20 All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with City Plan Policy – Land Development Guidelines. The removal and reinstatement must be to the satisfaction of Council, at no cost to Council.



Connection to, alteration or realignment of Council 21 infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure,

Timing Any connections, alterations or realignment must be completed prior to the


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




iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines, As-constructed requirements.




commencement of the use of the premises, or the issuing of a certificate of classification, whichever occurs first.


Reconstruction of kerb and channel / footpath 22 Where kerb and channel / footpath is removed or a damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Helensvale Road to meet the requirements of City Plan Policy – Land Development Guidelines, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. The reconstruction of any service pits or infrastructure b necessary to achieve the requirements of City Plan Policy – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.



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TELECOMMUNICATIONS

Telecommunications – MCU 23 The applicant must:

Provide underground telecommunications to the a subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).



Construction management plan 24 Part A Construction Management Requirements

The construction management plan must be submitted a in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all b activities associated with construction (excluding noise and dust issues), including but not limited to:

Vehicle access (including responsibility for i maintenance of the defined cartage route) during hours of construction; Traffic management (including loading and ii unloading); Parking of vehicles (including on site employees iii and delivery vehicles); Maintenance of safe pedestrian movement iv across the site’s frontage/s (including by people with disabilities); Building waste / refuse disposal; v Presentation of hoarding to the street; vi Tree management. vii

The construction management plan must demonstrate c




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that: the general public will be adequately protected i from construction activities; the building site will be kept clean and tidy to ii maintain public safety and amenity; and demand for occupation of the street and iii protection of Council assets will be well managed.

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

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

Where it is proposed to interfere with a road for any a building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any b building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road c reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

Noise management 25 Noise from construction activities must not cause an a ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of environmental nuisance caused by noise. The monitoring must be carried out: c

by a suitably qualified acoustic engineer; i at the potentially affected sensitive receptor/s; ii



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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 iv from Council.

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

be prepared by a suitably qualified acoustic i engineer; provide details of noise sources; ii identify the measures and work practices that will iii be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring of noise emissions; provide details of complaint response procedures v that will be adopted; identify the procedures to be adopted for revision vi and review of the noise management plan.

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

Dust management 26 The release of dust and particulate matter from a construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of environmental nuisance caused by dust or particulate



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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 iv from Council.

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

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 construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring and reporting of air emissions; provide details of complaint response procedures v that will be adopted; and identify the procedures to be adopted for revision vi and review of the dust management plan.

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

Haulage access / site management 27 Prior to the commencement of works, the applicant a must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer. Loading/unloading operations must be conducted b



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entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site. All reasonable methods are to be used to reduce c nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. The site must be maintained in a clean and tidy state at d all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. Non-recyclable debris must be transported from the site e and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. The applicant must ensure that gravel access areas to f the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways. Any damage to property (including pavement damage) g is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.

Workplace health and safety 28 The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


Public safety to be ensured 29 The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to,



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erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.


Air / Odour design and construction 30 The development must be designed and constructed in a accordance with the recommendations outlined in the air quality report ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 18 April 2016 (Reference No. /Network/Projects/4483/Reporting/4483Rep02.odt). Any alteration to the design or construction of the b development that prevents the recommendations of the approved report being implemented will require an amended report to be submitted and approved by Council prior to Building Approval.


Air / Odour compliance report 31 A compliance report prepared by a suitably qualified person shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the recommendations outlined in the approved odour / air quality report.


Location of Fuel Vent Stack 32

The fuel vent stack is to be located in accordance with Figure 3.1 of air quality report ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 18 April 2016 (Document Reference: /Network/Projects/4483/Reporting/4483Rep02.odt).


Amended Plans – Fuel Dispensing Area 33

The applicant is to provide detailed engineered plans illustrating that the fuel dispensing area is graded to a stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing.

Timing Prior to Building Approval.

Mandatory pollution protection equipment 34 The new underground petroleum storage system must not be commissioned unless the system includes the following mandatory pollution protection equipment: a Non-corrodible tank/s and non-corrodible piping; b Secondary containment for tank/s and piping;



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c Dispenser sump/s; d Fill point spill containment equipment; e Overfill prevention protection equipment; f Tank pit observation well/s; g Equipment that earths a storage system. Forecourt fuel dispensing area to be impervious 35 All ground surfaces within fuel dispensing areas must be made of impervious material such as concrete (note: asphalt is not suitable) and must be maintained free of gaps or cracks.


Forecourt-demarcation 36 Fuel dispensing areas must be clearly delineated from other areas such as remote air/water supply areas, uncovered forecourt areas, access roads, general parking bays by methods such as a painted line on the ground, roll-over bunds or different coloured concrete. Fuel dispensing areas must be designed so that no vehicle may be refuelled outside the delineated areas.


Forecourt-signs for drains 37 Drainage inlets located within the general forecourt area (both fuel-dispensing and non-fuel dispensing areas) must be provided with signage indicating the fate of flow such as "flows to containment sump", or “flows to creek”.


Forecourt- stormwater treatment system 38

The fuel dispensing area must be graded to a stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing.


Containment vessel capacity 39 The stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing must maintain adequate capacity to contain both a volume equivalent to at least the volume of the largest tanker compartment likely to be delivering fuel to the site plus a nominal allowance for windblown rain.


Forecourt-canopy design 40 Fuel dispensing areas must be covered by a roof or canopy to minimise stormwater entering the dispensing area. The roof or canopy must overhang by a horizontal distance of one quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area.



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Fuel delivery outside of canopy 41 All spills and leaks from bulk fuel transfer activities must be contained on-site. Fuel deliveries standing areas outside of the canopy must be modified so that run-off is automatically diverted to the underground containment vessel during bulk fuel transfers.


Forecourt-stormwater/surface runoff-uncovered (non-42 fuel dispensing areas) All uncovered, impervious areas of the site must direct any stormwater or other surface run-off away from drainage systems for fuel dispensing areas.


Leak detection-performance criteria 43 All practicable measures must be taken to prevent loss of containment from any underground petroleum storage system. An approved leak detection system must be installed and operated at sufficient frequency, sensitivity and reliability to provide a high level of confidence that a release of a petroleum product will be detected in sufficient time for a response to be implemented before an unacceptable risk is posed to human health, property or the environment. As a minimum standard, all underground petroleum storage systems are required to be monitored using a system that:

a Can detect a leak from any portion of the underground

storage system;

b Uses equipment that has been installed, calibrated and commissioned in accordance with the manufacturer's instructions;

c Is capable of detecting a leak at a rate of 0.76 litres per hour or more with at least 95% accuracy and a probability of false detection of 0.05 or less (USEPA);

d Has been certified by an independent third party, consistent with the current USEPA protocols and system of verification (USEPA 1990);

e Reports with a frequency of not less than monthly; and

f Is operated by a suitably trained person.


Groundwater monitoring wells-suitability, number and 44 location Groundwater monitoring well(s) must be installed on site, if the site is deemed suitable by a suitably qualified and experienced person. The number and location of groundwater monitoring wells to be installed on site is also to be determined by a suitably qualified and experienced person with a view to maximising the likelihood that the wells



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will intercept contaminated groundwater, whatever the groundwater flow conditions. A survey of ground water movement across the site and assessment of the suitability of the use of groundwater monitoring wells in accordance with section 4.5.7.1 of AS4897 - 2008 – ‘The design, installation and operation of underground petroleum storage systems’ must be undertaken as part of this process.

Vapour recovery-design and installation Stage 1 45 Stage 1 Vapour Recovery Systems (VR1) must be installed for all tanks used for the storage of petroleum on the site to return displaced vapour to the delivery vehicle during filling of the underground petroleum storage system. The Vapour Recovery System must be designed and installed in compliance with the following:

Mixing of product must be prevented in pipework a common to more than one tank; Spring-loaded vapour return adaptor, which closes b when the hose is disconnected, must be installed in the top of the riser; and The vapour recovery point must be located within two c (2) metres of the respective fill point.


Vapour recovery-design and installation Stage 2 46 Stage 2 Vapour Recovery Systems (VR2) must be installed to all fuel dispensing points on the site to return displaced vapour to the underground petroleum storage system while vehicle petrol tanks are being filled. Certification must be provided to Council’s Health, Regulatory & Lifeguard Services Branch from an appropriately qualified consultant that all Vapour Recovery Systems have be designed and installed in accordance with the required criteria and standards.


ACOUSTICS

Acoustic design and construction 47 The development must be designed and constructed in a accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV). Any alteration to the design or construction of the b development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval.

Timing As indicated in the wording of the condition


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Acoustic barrier 48

A 2.4 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in section 8.1 of the acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV).


Acoustic compliance report 49 An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV).


WASTE

Bulk bins – storage and servicing point 50 The bulk bin combined storage and servicing point must be located in accordance with ‘Floor Plan’ prepared by Studio Arkitecture dated 8 February 2016 (Reference No: 1523 DA 201). The design and construction of all storage points must comply with the following requirements:

Screened to ensure bins are not visible from passing a vehicle and pedestrian traffic external to the site, or inhabitants of neighbouring properties. Allow for at least an additional 0.5 metres clearance b surrounding each container, or for the storage of multiple bins one (1) metre clearance around the combined bin area (whichever is the lesser) Fly and vermin proofed c Constructed hardstand area with a solid concrete base d or acceptable equivalent Roofed and designed to prevent entry to rainwater e Graded to fall to a drainage point within the storage f point Drainage point to be connected to sewer in accordance g with trade waste requirements Provided with a hosecock for cleaning the bins h Easily accessible from within the development i Sufficient access and clearance for the waste collection j vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle Clearly separated from car parking bays, loading bays, k footpaths and pedestrian access, and any other similar



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areas Clear of speed control devices or similar provisions l which inhibit direct access to the bins for servicing.

HYDRAULICS

No worsening of hydraulic conditions 51 The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the




Alteration of overland flow paths 52 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.



Amendment of and compliance with stormwater 53 management plan

The submitted stormwater management report, being a “104 Helensvale Road, Helensvale – Site Based Stormwater Management Plan” prepared by Storm Water Consulting Pty Ltd dated 20 November 2015 is approved subject to the following amendments:

The development must not obstruct existing i stormwater runoff from the external catchment/s entering to the site along the northern and western boundaries and convey the runoff to a lawful point of discharge without affecting any external properties. The legal entity of the development must ii maintain the proposed open drains (Flow Path A and Flow Path C), shown on Figure 6 of the stormwater management report, fully functional for the life of the development.

All works must be carried out and completed and all b maintenance and monitoring implemented by the applicant in accordance with the amended stormwater management plan.

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



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Certification of performance of the treatment train 54 The applicant shall provide a certification signed by the qualified professional (RPEQ or equivalent) who has prepared or endorsed the stormwater management report by confirming the followings:

The proposed treatment train including the proprietary a device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

The signing person must acknowledge that he/she is b aware that the Council of the City of Gold Coast relies upon his/her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on site. whichever occurs first.

Certification that stormwater management measures 55 implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater stating that all stormwater management measures (e.g. detention and stormwater treatment devices) in accordance with the approved stormwater management plan and associated design drawings have been installed on-site and are functioning as designed.


Monitoring of the proprietary treatment devices 56 The owner or the legal entity of the development must a carry out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to Council for record keeping purposes. Alternatively, the proponent shall submit a certification b or endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.


Monitoring of water quality from the high risk area 57 The applicant / operator must monitor the quality of water treated by the SPEL Puraceptor from the high risk area

Timing As indicated within the wording of the


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proposed in the approved stormwater management report in accordance with the following:

Prior to commencement of use, the location of the a proposed sampling point must be approved by the Council of the City of Gold Coast (Council); Monthly water quality monitoring of hydrocarbons, total b suspended solids, total nitrogen, total phosphorus, dissolved oxygen and pH must be undertaken immediately after commencement of the use and continue for a minimum period of two (2) years; After a rainfall event greater than or equal to 25mm c within a 24 hour period, or at the request of Council, additional water quality monitoring must be undertaken at the inlet and outlet of both the Puraceptor and the downstream treatment device (stormwater360 device); Records of monitoring results must be kept on site and d provided to an authorised person immediately upon request; Council must be notified immediately should the e monitoring results or any other water quality parameter not comply with the pollutant load reduction claims in the approved stormwater management plan; and Should Council deem the device incapable of treating f water to an acceptable standard, the operator must replace the system with an appropriate system that will ensure all water discharges comply with the specified criteria.

condition.

SQIDs maintenance management plan 58 Prior to commencement of the use of the premises, a a site-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following:

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

The owner/body corporate must enter into a long-term b



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maintenance agreement with the proprietor or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises; The body corporate/legal authority shall submit to c Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed. The body corporate and/or legal authority of the d development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council. In case of failure to achieve the designed pollutant load e reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.


Stormwater headwalls, outlets and associated flow paths 59 and channels a All stormwater headwalls/outlets and associated flow

paths and channels must be: i Treated in a manner appropriate to their

proposed landscaped surrounds; and ii Constructed in accordance with Planning

Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/revegetated as appropriate.

b The aprons in front of stormwater headwalls must be constructed to ensure no under-scouring can occur.

c The areas of cut surrounding the headwalls must be sufficiently stabilised to the satisfaction of the Chief



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Executive Officer to ensure that no erosion or destabilisation occurs.

d All naturalised channels conveying or directing any stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.


Erosion and sediment control 60 Erosion, sediment and dust control measures must be a implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. All polluted/contaminated water from the site, including d dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out e before the site is fully rehabilitated:

Regular inspections to ensure that adequate i erosion control measures are in place and in good condition both during and after construction; and Inspections after each storm event to assess the ii adequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.


CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

Casual Surveillance 61 The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained avoiding concealment spots or entrapment points and to promote opportunities for casual



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surveillance. This is to include: Where practical and not in conflict with the approved a Statement of Landscape Intent, visibility through foliage of vegetation must be clear between the height of 1m and 1.8m adjacent to pedestrian routes within the development and between the fuel-up forecourt and the external footpath; Clear lines of sight must be maintained from the b Service Station shop counter to the filling pumps and to the shop entrance/ exit; and The internal footpath from the Service Station shop to c the external footpath must be maintained and remain free of obstructions.

Advice Note: For further recommendations on safe design strategies, the applicant is encouraged to visit the Queensland Government Crime Prevention Through Environmental Design (CPTED) Guidelines website at http://www.qld.gov.au/law/crime-prevention/

Built elements to incorporate graffiti prevention 62 principles Buildings and fencing must incorporate graffiti prevention principles. Note: Graffiti prevention principles used may include, but are not limited to:

i Walls and fences constructed using textured or permeable material, avoiding large flat surfaces;

ii Vegetation planted against solid surfaces (without creating concealment areas);

iii Vandal-resistant sensor lighting used to draw attention to movement at night;

iv Anti-graffiti coatings are used to a minimum height of 3 metres;

v Darker colours are used that require fewer coats of paint to cover graffiti.

Further advice regarding graffiti prevention is available at www.goldcoast.qld.gov.au/preventgraffiti.


Lighting to promote community safety 63 The applicant must install and maintain lighting within all car parking areas and along all publicly accessible pedestrian connections within the development, at no cost to Council. The design and construction of the lighting system must:

Provide a consistent level of light, to meet minimum a requirements of Australian Standard AS1158; and Include vandal resistant fixtures. b

Timing Prior to the commencement of the use on the site.


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ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 SECURITY MANAGEMENT

Security measures for Service Station operating 24 64 hours. The applicant must implement security measures and procedures to promote the safety of staff during night time hours for the Service Station (such as: limiting access to servery counters late at night (between 10pm and 5am); use of security alarms; and provision of duress/ panic buttons).


CCTV 65 CCTV surveillance is to operate at all times when the Service Station is operational. All CCTV footage recorded on the premises must be retained for a minimum period of 30 days and provided to Police upon request.



Detailed landscape plan to be submitted for approval 66 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b scheme’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 1507-LCP1. Issue J, Landscape Concept Plan, September 15, Prepared by Mark Baldock Landscape Architect; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; Comply with Planning Scheme Policy 13 – iv Landscape Strategy Part 2 – Landscape Works Documentation Manual; and Demonstrate compliance with the following: v A Unless otherwise specified, tree species

must be evergreen canopy trees with a minimum bag size of 100l at the time of planting;

B One (1) tree within the frontage setback must be a minimum bag size of 200l at the time of planting;




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

E There must be screening shrubs planted along the northern, eastern and western boundaries (excluding where planting is currently proposed within the swale) and be within an edged and mulched garden bed;

F Screening shrubs along boundaries must be able to reach a minimum height of four (4) metres at maturity;

G Feature shrubs within the frontage setback must be minimum 300mm pot size at the time of planting; and

H There must be a minimum of four (4) trees within the frontage setback.

Frontage Fencing 67 Any frontage fencing for this development must comply with one of, or a combination of, the following:

The fence is not forward of the building line; or a The fence is of pool type or similar and screen shrub b plantings are included immediately internal to the fence to provide privacy.


VEGETATION MANAGEMENT

Vegetation works OPW application required 68 This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. decision notice or letter of approval)):

The approved MCU layout plan. a Plans clearly identifying which vegetation is proposed b to be removed and which vegetation is proposed to be retained.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or

equal to, or in excess of, four metres in height in the Rural,

Timing Prior to the commencement of any operational works for vegetation clearing.


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


Application for compliance permit for sewerage works 69 required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b

Trade Waste Policy; and i Trade Waste Pre-treatment Policy and ii Guidelines); and

comply with Council’s Waste Management Policy c Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note:




Application for compliance permit for water supply 70 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the



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Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b Guidelines.

Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

SEWER

Sewer reticulation 71 The development site must be connected to Council’s a sewer reticulation system via a private pump station (and rising main), which must be located within the development site, at no cost to Council. The applicant is responsible for any external works b necessary to connect to Council’s live sewer reticulation system.


Design, construction and standard of sewer reticulation 72 The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


Connection point 73 The existing 150mm rising main located along the northern and eastern boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.


Private sewer pump station & rising main 74 The applicant shall construct a private sewerage pump a station within the development site at their own cost to collect sewage discharge from the development site. The applicant shall also construct a private rising main b (size subject to design confirmation) from the private pump station, at their own cost, to the nominated connection point. The proposed private sewerage pump station and c rising main must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 and comply with the requirements of clause 7.3.4 Private Pump Station and Pressure Mains of Gold Coast Planning Scheme Policy 11 – Land



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Development Guidelines. A Plumbing Application must be submitted to and d approved by Council’s Plumbing and Drainage Section for the private pump station and rising main. These private assets (private pump stations and rising e mains) shall be owned, operated and maintained by the by the principal body corporate/owners. The private pump station and private rising main f servicing the development site must be upgraded by the applicant should Council’s existing sewerage network be altered by Council, at no cost to Council.

Timing Prior to connection to existing infrastructure.

No building work over or within Council easements and 75 minimum distance from Council infrastructure

No building work is permitted over or within any Council a public utility easements. All proposed buildings and structures must be located a b minimum distance of 2 metres from Council infrastructure. A minimum 2.4m unobstructed vertical clearance from c the finished surface level must be maintained.


Connection and disconnection – arrangements with Gold 76 Coast Water Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).



Water supply reticulation (potable only) 77 The development must be connected to Council’s a potable water supply reticulation system at no cost to Council. The applicant is responsible for any external works b necessary to connect to Council’s potable water supply reticulation system.


Design, construction and standard of water supply 78 reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).



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Connection point 79 The existing 100mm main in Helensvale Road must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


Installation of property service, water meter box and 80 meter

The applicant must:

Submit an Operational Works (OPW) application, for a Council’s approval, for water meters 40mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Development and Connections Policy and Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for Gold Coast Water to remove any c redundant water meters and/or services, at the applicant’s cost. Removal must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.


Connection and disconnection – arrangements with Gold 81 Coast Water Any connections and disconnections to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


Supply standard 82 The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.


Fire loading 83 Fire loading must not exceed 15L/s for 2 hours duration.



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NATURE OF DECISION

B Council approves the issue of a development permit for the following operational work assessable under the planning scheme: Operational work (advertising device) All other aspects of assessable operational work are not approved by this approval. The approval is subject to the following conditions: Amended plans/drawings to be submitted 1

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

Plan No. Rev. Title Date Prepared by DA 501 A Signage Details 1 18/11/2015 Studio Arkitecture DA 502 A Signage Details 2 18/11/2015 Studio Arkitecture

showing the following amendments: The pylon sign (S1) is required be reduced to a maximum building height of i 7m.

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to the earlier of:

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

For all illuminated advertising devices (S1, S2, S3, S4 2 and S7) The illumination of the advertising device is not to flash or be animated.


For advertising devices S1 and S3 only 3 The advertising device must be placed entirely within the subject premises and no part of the advertising device is to encroach on, above or below any adjacent land.



A Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Business Security Audits available The Gold Coast Police District Crime Prevention Unit offer business security audits to

help identify potential areas of vulnerability and to provide suggestions for adapting your security to reduce the risk of crime against your business. To request a business security audit or obtain further information on education, awareness and preventative strategies for your business, the applicant may contact the Gold Coast Police District Crime Prevention Unit on [email protected]


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C Advertising device

No advertising device (other than that approved) is to be placed on the premises without the necessary approval under Council’s Local Laws. The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6668 to discuss approval requirements

D Advertising device (building approval)

The advertising device must comply with the requirements of the Building Act 1975 and Building Regulations 2006 (namely, building work approval). For further information regarding building approval please contact an appropriately licensed private certifier or other building certifier.

E Rights of appeal

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

F 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.

G Properly made submissions

There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

H Applicant responsibilities

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


b Providing any notifications required by law (by way of example only, to notify the


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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’);





I Indigenous cultural heritage legislation and duty of care requirement


J Greenhouse gas emissions

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


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K Infrastructure charges


L Obligation to ensure electrical safety

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




Matthew Khoo Dyan Currie Town Planner Director Planning and Environment April 2016


283 Adopted Report


Committee Recommendation Adopted At Council 24 May 2016 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0520.004 moved Cr Owen-Jones seconded Cr Baildon That Council resolves as follows:

Real property description Lot 11 on RP214070 Address of property 104 Helensvale Road Helensvale Area of property 5,000m² Decision type Combined Development Permit for Material Change


Further development permits Building Works Permit, Operational Works (Vegetation Works), Operational Works (Private Landscape Works), Operational Works (Works for Infrastructure)

Further compliance permits Compliance Permit for Water Supply Plumbing Work, Compliance Permit for Sewerage Works

Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for a Service Station, subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by DA 101 A Site Plan 8/02/2016 Studio Arkitecture DA 201 A Floor Plan 8/02/2016 Studio Arkitecture

DA 301 A Elevations 18/11/2015 Studio Arkitecture

showing the following amendments: i Provide an additional three (3) car parking spaces at the northern extent of

the hard stand area. These spaces must be identified as unrestricted for public use.

ii Provide the widths of the ingress and egress VXO’s in line with the Traffic Impact Assessment (TIA) prepared by GTA Consultants (10.7m for the ingress and 4.7m for the egress).


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iii The main pylon sign on the Elevation Plan (DA 301, dated 18.11.15) is to be demonstrated on plan to have a maximum height of 7m.

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








WORKS - COMPLIANCE

5 Certification of compliance All works must be certified by a suitably qualified professional as complying with the approved plans.

Timing The applicant must submit the certification prior to the earliest of


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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.

compliance assessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use.

AMENITY

6 Hours of operation All activities associated with the operation of the use can only be conducted between the hours of 6am till 10pm, 7 days a week.


6a Servicing hours All fuel deliveries associated with the Service Station development must occur outside of peak traffic times (7am – 9am and 2pm - 4pm).






9 Screening of storage The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.




11 Roof to be non-reflective - Amenity The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.




Timing Prior to the commencement of the


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constructed and maintained, at no cost to Council, in accordance with AS2890.1 (latest version).


c A minimum of 12 off-street car parking spaces including space for air and water must be provided for on-site.


use and at all times.


designed, constructed and maintained, at no cost to Council, in accordance with AS2890.2-2002 (latest version).

b Off-street commercial vehicle facilities must be drained, sealed and line marked.


14 Freely accessible visitor car parking a All car parking must be accessible, not subject to




15 Loading and unloading a Loading and unloading of a vehicle servicing a

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

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

gear. d The largest vehicle permitted on-site is a 19 metre long

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


16 Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained at no cost to Council: a Signs and line marking to identify persons with

disabilities parking (AS2890.6).


17 Sight lines to pedestrians Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 –



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Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.

18 Industrial/commercial driveways – gradients and geometry a Driveways within proposed industrial/commercial lots

must comply with AS2890.2-2002 Parking facilities - Off-street commercial vehicle facilities.

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



19 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 Site Plan - DA 101, dated 8/02/2016, drawn by

Studio Arkitecture (geometry of VXO); ii RS-051 Driveways – Heavy Duty Vehicle

Crossing b The vehicular crossover section is to be generally in

accordance with the typical section outlined on the Institute of Public Works Engineering Australasia Standard Drawing RS-050.

c The applicant must apply for and obtain an Operational Works (Vehicular Crossover) approval from Council for the construction of the non-standard vehicular crossing/s.

d The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer.


20 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with City Plan Policy – Land Development Guidelines. The removal and reinstatement must be to the satisfaction of Council, at no cost to Council.




Timing Any connections, alterations or realignment must be


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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 City




iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines, As-constructed requirements.



completed prior to the commencement of the use of the premises, or the issuing of a certificate of classification, whichever occurs first.



damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Helensvale Road to meet the requirements of City Plan Policy – Land Development Guidelines, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of City Plan Policy – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.



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TELECOMMUNICATIONS

23 Telecommunications – MCU The applicant must: a Provide underground telecommunications to the

subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).






maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

iii Parking of vehicles (including on site employees and delivery vehicles);

iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities);



from construction activities;




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ii the building site will be kept clean and tidy to maintain public safety and amenity; and

iii demand for occupation of the street and protection of Council assets will be well managed.

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

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


b Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

c Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

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

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

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise.

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



d The data and monitoring results must be provided to



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Council within 3 business days of completion of the monitoring.

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

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

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

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

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

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

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

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

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

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

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

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





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

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

emissions; iii identify the measures and work practices that will

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

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

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

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

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

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

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

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

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

d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for



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the collection, storage and disposal of all waste materials.

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

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

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






30 Air / Odour design and construction a The development must be designed and constructed in

accordance with the recommendations outlined in the air quality report ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 18 April 2016 (Reference No. /Network/Projects/4483/Reporting/4483Rep02.odt).

b Any alteration to the design or construction of the



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development that prevents the recommendations of the approved report being implemented will require an amended report to be submitted and approved by Council prior to Building Approval.

31 Air / Odour compliance report A compliance report prepared by a suitably qualified person shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the recommendations outlined in the approved odour / air quality report.


32 Location of Fuel Vent Stack The fuel vent stack is to be located in accordance with Figure 3.1 of air quality report ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 18 April 2016 (Document Reference: /Network/Projects/4483/Reporting/4483Rep02.odt).


33 Amended Plans – Fuel Dispensing Area The applicant is to provide detailed engineered plans illustrating that the fuel dispensing area is graded to a stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing.


34 Mandatory pollution protection equipment The new underground petroleum storage system must not be commissioned unless the system includes the following mandatory pollution protection equipment: a Non-corrodible tank/s and non-corrodible piping; b Secondary containment for tank/s and piping; c Dispenser sump/s; d Fill point spill containment equipment; e Overfill prevention protection equipment; f Tank pit observation well/s; g Equipment that earths a storage system.


35 Forecourt fuel dispensing area to be impervious All ground surfaces within fuel dispensing areas must be made of impervious material such as concrete (note: asphalt is not suitable) and must be maintained free of gaps or cracks.


36 Forecourt-demarcation Fuel dispensing areas must be clearly delineated from other areas such as remote air/water supply areas, uncovered forecourt areas, access roads, general parking bays by methods such as a painted line on the ground, roll-over bunds or different coloured concrete. Fuel dispensing areas



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must be designed so that no vehicle may be refuelled outside the delineated areas.

37 Forecourt-signs for drains Drainage inlets located within the general forecourt area (both fuel-dispensing and non-fuel dispensing areas) must be provided with signage indicating the fate of flow such as "flows to containment sump", or “flows to creek”.


38 Forecourt- stormwater treatment system The fuel dispensing area must be graded to a stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing.


39 Containment vessel capacity The stormwater treatment system compliant with Class 1 requirements of BSEN 858-1:2002 system with Australian independent testing must maintain adequate capacity to contain both a volume equivalent to at least the volume of the largest tanker compartment likely to be delivering fuel to the site plus a nominal allowance for windblown rain.


40 Forecourt-canopy design Fuel dispensing areas must be covered by a roof or canopy to minimise stormwater entering the dispensing area. The roof or canopy must overhang by a horizontal distance of one quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area.


41 Fuel delivery outside of canopy All spills and leaks from bulk fuel transfer activities must be contained on-site. Fuel deliveries standing areas outside of the canopy must be modified so that run-off is automatically diverted to the underground containment vessel during bulk fuel transfers.


42 Forecourt-stormwater/surface runoff-uncovered (non-fuel dispensing areas) All uncovered, impervious areas of the site must direct any stormwater or other surface run-off away from drainage systems for fuel dispensing areas.


43 Leak detection-performance criteria All practicable measures must be taken to prevent loss of containment from any underground petroleum storage system. An approved leak detection system must be installed and operated at sufficient frequency, sensitivity and reliability to provide a high level of confidence that a release of a petroleum product will be detected in sufficient time for a response to be implemented before an unacceptable risk is posed to human health, property or the environment. As a



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minimum standard, all underground petroleum storage systems are required to be monitored using a system that: a Can detect a leak from any portion of the underground

storage system; b Uses equipment that has been installed, calibrated and

commissioned in accordance with the manufacturer's instructions;

c Is capable of detecting a leak at a rate of 0.76 litres per hour or more with at least 95% accuracy and a probability of false detection of 0.05 or less (USEPA);

d Has been certified by an independent third party, consistent with the current USEPA protocols and system of verification (USEPA 1990);

e Reports with a frequency of not less than monthly; and f Is operated by a suitably trained person.

44 Groundwater monitoring wells-suitability, number and location Groundwater monitoring well(s) must be installed on site, if the site is deemed suitable by a suitably qualified and experienced person. The number and location of groundwater monitoring wells to be installed on site is also to be determined by a suitably qualified and experienced person with a view to maximising the likelihood that the wells will intercept contaminated groundwater, whatever the groundwater flow conditions. A survey of ground water movement across the site and assessment of the suitability of the use of groundwater monitoring wells in accordance with section 4.5.7.1 of AS4897 - 2008 – ‘The design, installation and operation of underground petroleum storage systems’ must be undertaken as part of this process.


45 Vapour recovery-design and installation Stage 1 Stage 1 Vapour Recovery Systems (VR1) must be installed for all tanks used for the storage of petroleum on the site to return displaced vapour to the delivery vehicle during filling of the underground petroleum storage system. The Vapour Recovery System must be designed and installed in compliance with the following: a Mixing of product must be prevented in pipework

common to more than one tank; b Spring-loaded vapour return adaptor, which closes

when the hose is disconnected, must be installed in the top of the riser; and

c The vapour recovery point must be located within two (2) metres of the respective fill point.


46 Vapour recovery-design and installation Stage 2 Stage 2 Vapour Recovery Systems (VR2) must be installed to all fuel dispensing points on the site to return displaced

Timing Prior to the commencement of the


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vapour to the underground petroleum storage system while vehicle petrol tanks are being filled. Certification must be provided to Council’s Health, Regulatory & Lifeguard Services Branch from an appropriately qualified consultant that all Vapour Recovery Systems have be designed and installed in accordance with the required criteria and standards.

use.

ACOUSTICS

47 Acoustic design and construction a The development must be designed and constructed in

accordance with the recommendations outlined in the acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV).

b Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval.

Timing As indicated in the wording of the condition

48 Acoustic barrier A 2.4 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in section 8.1 of the acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV).


49 Acoustic compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report prepared by Acoustic Works, dated 19 November 2015 (Reference No: 2015292 R05 104 Helensvale Road, Helensvale ENV).


WASTE

50 Bulk bins – storage and servicing point The bulk bin combined storage and servicing point must be located in accordance with ‘Floor Plan’ prepared by Studio Arkitecture dated 8 February 2016 (Reference No: 1523 DA 201). The design and construction of all storage points must comply with the following requirements: a Screened to ensure bins are not visible from passing

vehicle and pedestrian traffic external to the site, or inhabitants of neighbouring properties.

b Allow for at least an additional 0.5 metres clearance



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surrounding each container, or for the storage of multiple bins one (1) metre clearance around the combined bin area (whichever is the lesser)

c Fly and vermin proofed d Constructed hardstand area with a solid concrete base

or acceptable equivalent e Roofed and designed to prevent entry to rainwater f Graded to fall to a drainage point within the storage

point g Drainage point to be connected to sewer in accordance

with trade waste requirements h Provided with a hosecock for cleaning the bins i Easily accessible from within the development j Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle

k Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

l Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing.

HYDRAULICS





52 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.



53 Amendment of and compliance with stormwater management plan a The submitted stormwater management report, being

“104 Helensvale Road, Helensvale – Site Based Stormwater Management Plan” prepared by Storm Water Consulting Pty Ltd dated 20 November 2015 is approved subject to the following amendments:



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i The development must not obstruct existing stormwater runoff from the external catchment/s entering to the site along the northern and western boundaries and convey the runoff to a lawful point of discharge without affecting any external properties.

ii The legal entity of the development must maintain the proposed open drains (Flow Path A and Flow Path C), shown on Figure 6 of the stormwater management report, fully functional for the life of the development.

b All works must be carried out and completed and all maintenance and monitoring implemented by the applicant in accordance with the amended stormwater management plan.


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

device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

b The signing person must acknowledge that he/she is aware that the Council of the City of Gold Coast relies upon his/her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on site. whichever occurs first.

55 Certification that stormwater management measures implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater stating that all stormwater management measures (e.g. detention and stormwater treatment devices) in accordance with the approved stormwater management plan and associated design drawings have been installed on-site and are functioning as designed.


56 Monitoring of the proprietary treatment devices a The owner or the legal entity of the development must

carry out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two



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years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to Council for record keeping purposes.

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

57 Monitoring of water quality from the high risk area The applicant / operator must monitor the quality of water treated by the SPEL Puraceptor from the high risk area proposed in the approved stormwater management report in accordance with the following: a Prior to commencement of use, the location of the

proposed sampling point must be approved by the Council of the City of Gold Coast (Council);

b Monthly water quality monitoring of hydrocarbons, total suspended solids, total nitrogen, total phosphorus, dissolved oxygen and pH must be undertaken immediately after commencement of the use and continue for a minimum period of two (2) years;

c After a rainfall event greater than or equal to 25mm within a 24 hour period, or at the request of Council, additional water quality monitoring must be undertaken at the inlet and outlet of both the Puraceptor and the downstream treatment device (stormwater360 device);

d Records of monitoring results must be kept on site and provided to an authorised person immediately upon request;

e Council must be notified immediately should the monitoring results or any other water quality parameter not comply with the pollutant load reduction claims in the approved stormwater management plan; and

f Should Council deem the device incapable of treating water to an acceptable standard, the operator must replace the system with an appropriate system that will ensure all water discharges comply with the specified criteria.


58 SQIDs maintenance management plan a Prior to commencement of the use of the premises, a

site-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the



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devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following: i The MMP must include all associated cost related

to the device (e.g., installation, inspection and replacement/maintenance, reporting, certification, health and safety plans, training, area of land required to install the device etc);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

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

c The body corporate/legal authority shall submit to Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed.

d The body corporate and/or legal authority of the development shall be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council.

e In case of failure to achieve the designed pollutant load reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.


59 Stormwater headwalls, outlets and associated flow paths and channels a All stormwater headwalls/outlets and associated flow

paths and channels must be: i Treated in a manner appropriate to their

proposed landscaped surrounds; and ii Constructed in accordance with Planning

Scheme Policy 11 – Land Development



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Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/revegetated as appropriate.

b The aprons in front of stormwater headwalls must be constructed to ensure no under-scouring can occur.

c The areas of cut surrounding the headwalls must be sufficiently stabilised to the satisfaction of the Chief Executive Officer to ensure that no erosion or destabilisation occurs.

d All naturalised channels conveying or directing any stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.












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CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

61 Casual Surveillance The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained avoiding concealment spots or entrapment points and to promote opportunities for casual surveillance. This is to include: a Where practical and not in conflict with the approved

Statement of Landscape Intent, visibility through foliage of vegetation must be clear between the height of 1m and 1.8m adjacent to pedestrian routes within the development and between the fuel-up forecourt and the external footpath;

b Clear lines of sight must be maintained from the Service Station shop counter to the filling pumps and to the shop entrance/ exit; and

c The internal footpath from the Service Station shop to the external footpath must be maintained and remain free of obstructions.

Advice Note: For further recommendations on safe design strategies, the applicant is encouraged to visit the Queensland Government Crime Prevention Through Environmental Design (CPTED) Guidelines website at http://www.qld.gov.au/law/crime-prevention/


62 Built elements to incorporate graffiti prevention principles Buildings and fencing must incorporate graffiti prevention principles. Note: Graffiti prevention principles used may include, but are not limited to:

i Walls and fences constructed using textured or permeable material, avoiding large flat surfaces;

ii Vegetation planted against solid surfaces (without creating concealment areas);

iii Vandal-resistant sensor lighting used to draw attention to movement at night;

iv Anti-graffiti coatings are used to a minimum height of 3 metres;

v Darker colours are used that require fewer coats of paint to cover graffiti.

Further advice regarding graffiti prevention is available at www.goldcoast.qld.gov.au/preventgraffiti.


63 Lighting to promote community safety The applicant must install and maintain lighting within all car parking areas and along all publicly accessible pedestrian connections within the development, at no cost to Council.

Timing Prior to the commencement of the use on the site.


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http://www.qld.gov.au/law/crime-prevention/

http://www.goldcoast.qld.gov.au/preventgraffiti


The design and construction of the lighting system must: a Provide a consistent level of light, to meet minimum

requirements of Australian Standard AS1158; and b Include vandal resistant fixtures.

SECURITY MANAGEMENT

64 CCTV CCTV surveillance is to operate at all times when the Service Station is operational. All CCTV footage recorded on the premises must be retained for a minimum period of 30 days and provided to Police upon request.





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


Landscape Intent, being 1507-LCP1. Issue J, Landscape Concept Plan, September 15, Prepared by Mark Baldock Landscape Architect;


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, tree species

must be evergreen canopy trees with a minimum bag size of 100l at the time of planting;

B One (1) tree within the frontage setback must be a minimum bag size of 200l at the time of planting;


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

E There must be screening shrubs planted along the northern boundary (within the



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easement) and be within an edged and mulched garden bed. To the north of the development footprint, a 2 metre wide landscape buffer must be installed. The buffer is to run adjacent to the easement along the northern and eastern boundary and further along the western boundary (excluding where planting is currently proposed within the swale). The landscaping must contain a row of screening shrubs and trees at regular intervals;

F Screening shrubs along boundaries must be able to reach a minimum height of four (4) metres at maturity;

G Feature shrubs within the frontage setback must be minimum 300mm pot size at the time of planting; and

H There must be a minimum of four (4) trees within the frontage setback.

66 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The fence is not forward of the building line; or b The fence is of pool type or similar and screen shrub

plantings are included immediately internal to the fence to provide privacy.



67 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. decision notice or letter of approval)): a The approved MCU layout plan. b Plans clearly identifying which vegetation is proposed

to be removed and which vegetation is proposed to be retained.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

• equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average



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ground level irrespective of the domain or LAP; or • equal to, or in excess of, four metres in height in the Rural,

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











69 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the



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Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water


Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

SEWER

70 Sewer reticulation a The development site must be connected to Council’s

sewer reticulation system via a private pump station (and rising main), which must be located within the development site, at no cost to Council.

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




72 Connection point The existing 150mm rising main located along the northern and eastern boundary of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.


73 Private sewer pump station & rising main a The applicant shall construct a private sewerage pump

station within the development site at their own cost to collect sewage discharge from the development site.

b The applicant shall also construct a private rising main (size subject to design confirmation) from the private pump station, at their own cost, to the nominated connection point.

c The proposed private sewerage pump station and rising main must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 and comply with the requirements of clause 7.3.4 Private Pump Station and Pressure Mains of Gold Coast Planning Scheme Policy 11 – Land Development Guidelines.



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d A Plumbing Application must be submitted to and approved by Council’s Plumbing and Drainage Section for the private pump station and rising main.

e These private assets (private pump stations and rising mains) shall be owned, operated and maintained by the by the principal body corporate/owners.

f The private pump station and private rising main servicing the development site must be upgraded by the applicant should Council’s existing sewerage network be altered by Council, at no cost to Council.




minimum distance of 2 metres from Council infrastructure.

c A minimum 2.4m unobstructed vertical clearance from the finished surface level must be maintained.





76 Water supply reticulation (potable only) a The development must be connected to Council’s






78 Connection point The existing 100mm main in Helensvale Road must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.



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ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 79 Installation of property service, water meter box and

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

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

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

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant’s cost. Removal must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.




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




NATURE OF DECISION

B Council approves the issue of a development permit for the following operational work assessable under the planning scheme: Operational work (advertising device) All other aspects of assessable operational work are not approved by this approval.

The approval is subject to the following conditions:


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ITEM 4 (Continued) COMBINED DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SERVICE STATION AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICE) - LOT 11 ON RP214070, 104 HELENSVALE ROAD, HELENSVALE - DIVISION 2 PN153682/01/DA3 1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by DA 501 A Signage Details 1 18/11/2015 Studio Arkitecture DA 502 A Signage Details 2 18/11/2015 Studio Arkitecture

showing the following amendments: i The pylon sign (S1) is required be reduced to a maximum building height of

7m. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to the earlier of: i Issue of a development permit for the carrying out of building work.


2 For all illuminated advertising devices (S1, S2, S3, S4 and S7) The illumination of the advertising device is not to flash or be animated.


3 For advertising devices S1 and S3 only The advertising device must be placed entirely within the subject premises and no part of the advertising device is to encroach on, above or below any adjacent land.



A Incorporation of Equitable Access at the Detailed Design Stage All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Business Security Audits available The Gold Coast Police District Crime Prevention Unit offer business security audits to

help identify potential areas of vulnerability and to provide suggestions for adapting your security to reduce the risk of crime against your business. To request a business security audit or obtain further information on education, awareness and preventative strategies for your business, the applicant may contact the Gold Coast Police District Crime Prevention Unit on [email protected]

C Advertising device No advertising device (other than that approved) is to be placed on the premises without the necessary approval under Council’s Local Laws. The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6668 to discuss approval requirements.


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D Advertising device (building approval) The advertising device must comply with the requirements of the Building Act 1975 and Building Regulations 2006 (namely, building work approval). For further information regarding building approval please contact an appropriately licensed private certifier or other building certifier.


F 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.

G Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

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




d Ensuring the correct siting of structures on the land. An identification survey


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demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes;



I 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.

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

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

L 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


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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.

CARRIED

ADOPTED AT COUNCIL 24 MAY 2016 RESOLUTION G16.0524.019 moved Cr W Owen-Jones seconded Cr C Caldwell

That Committee Recommendation CP16.0520.004 be adopted as printed. CARRIED by SUPER MAJORITY


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Appendix ‘A’ Traffic Impacts

Service Station Specific Development Code

Performance Criteria Acceptable Solution

PC13

The traffic and parking generated by the proposed Service Station on the surrounding road network must not result in unacceptable impacts on adjacent land and local road users.

AS13

A traffic impact analysis, which has been undertaken by suitably qualified and experienced person, identifies the expected traffic movements generated by the proposal, any associated impacts on the road network, and any work that will be required to address the identified impacts. The traffic impact analysis includes, but is not limited to, the following recommendations:

a) construction of concrete kerb and channelling, road widening, pavement and footpaths;

b) construction of a six metre wide deceleration lane along any frontage of the site;

c) provision of a corner truncation of nine metres by three equal chords at a right angled corner;

d) dedication of all land required for corner truncations and/or deceleration lanes.

Transport Assessment has determined that a significant proportion of vehicle trips are expected to be ‘drop-in’ trips i.e. passing traffic. In the past, Transport Assessment have adopted the rate 90% of ‘drop-in’ trips has been accepted for Service Station land uses and is a clear representation of the operational nature of a Service Station .

Intersection Performance Helensvale Road / Discovery Drive / Hannaford Place Intersection

The applicant’s analysis indicates that this intersection is expected to exceed ideal operational limits without the addition of development generated traffic. The extent of impact in terms of average delay and Level of Service (LOS) resulting from development traffic on the operation of the critical south eastern Discovery Drive approach during 2017 and 2027 is expected to be as follows:

2017 AM peak hour operational results – Discovery Drive approach:


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• LOS remains at ‘B (rating within guideline)’ with and without development

• Average delay increases from 19 seconds without development to 22 seconds with development

2027 AM peak hour operational results – Discovery Drive approach:

• LOS remains at ‘F (rating within guideline)’ with and without development


2027 PM peak hour operational results – Discover Drive approach:

• LOS remains at ‘B (rating within guideline)’ with and without development


While there is increase in average delay as a result of development traffic, the LOS is expected to remain the same with and without the proposed development. The analysis indicates that the proposed development does not create any significant operational impact on the Helensvale Road / Discovery Drive / Hannaford Place intersection through to the 10 year planning horizon in 2027.

Please note: City Infrastructure have advised the upgrade of the Helensvale Road / Discovery Drive / Hannaford Place roundabout is included in Council’s program of works in the 2026 to 2031 period.

Helensvale Road / Warrego Way Intersection

The applicant’s analysis indicates that the Helensvale Road / Warrego Way intersection is expected to operate within acceptable limits to the 2027 design year. All average delays are kept to 15 seconds or lower, with LOS A on any approach during any peak period.

Conclusion

It is considered that the traffic generated by the proposed Service Station development would have a minimal impact on the current Level of Service (LOS). Therefore, compliance with Acceptable Solution 13 (AS13) has been achieved.


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Appendix ‘B’

Social and Health Impact Assessment (SHIA)

The purpose of Planning Scheme Policy 21 – Social and Health Impact Assessment (SHIA Policy) is “to provide support and guidance to the Gold Coast Planning Scheme 2003 to ensure that social and health impacts of new development are assessed and understood, and that steps are taken to enhance positive social and health impacts and avoid or mitigate any significant negative social and health impacts that may arise…”

The SHIA Policy defines social and health impacts as significant changes to:

• People’s way of life – how they live, work, play and interact with one another on a day-to-day basis;

• Their culture – shared beliefs, customs and values;

• Their community – its cohesion, stability, character, services and facilities; and

• Their health – including physical and mental health.

The SHIA Policy asserts that these changes may lead to significant impacts (positive or negative) on community wellbeing, due to changes affecting:

• Demographic and population structure;

• Accommodation and housing;

• Mobility and access;

• Social Infrastructure (including recreation);

• Cultural values and beliefs;

• Community identity and cohesion;

• Health and wellbeing;

• Crime and public safety;

• Employment and local economic effects; and

• Groups with particular needs.

Demographic and population structure

The operation of the Service Station would require only a small number of staff (approximately 5 staff). It is considered that the subject proposal would have no impacts in relation to population characteristics.

Accommodation and housing

The proposal would not impact the availability or affordability of housing in the area.

Mobility and access

The existing footpath within the road reserve to Helensvale Road is to be maintained. A proposed pedestrian footpath on site would provide a direct linkage from the external footpath to the Service Station shop. The existing bus stop on Helensvale Road in the vicinity of the site is to be retained. Social planning officers have provided an Advice Note in relation to the developer’s obligations in relation to the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.


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Social Infrastructure (including recreation)

The proposal would not result in any change to the supply or demand for Social Infrastructure. Nor is it considered that the proposal would affect how user groups gain access to existing social infrastructure in the area.

Cultural values and beliefs

During the Public Notification stage, concerns relating to ‘community values’ of amenity, health, and safety were common themes. Matters relating to amenity, health, and safety are discussed further in the sections that follow.

Community identity and cohesion During the Public Notification stage, concerns relating to ‘community values’ of amenity, health, and safety were common themes. Should community values be compromised it would also be detrimental to ‘community identity’. Matters relating to amenity, health, and safety are discussed further in the sections that follow.

Health and wellbeing

The applicant has submitted an Underground Petroleum Storage Systems Management Plan (UPSS) which has been assessed by Council’s Health and Regulatory Services section in conjunction with Council’s Hydraulic Assessment section. The applicant has also submitted an Air Quality Assessment report, which Councils Health and Regulatory section support after amendments were undertaken.

Service Stations are potential targets for criminal and other anti-social behaviour. Of particular relevance to Service Stations is the threat of armed robbery. Such crimes could create a sense of vulnerability in the wider community should multiple instances occur. The proposed Service Station would be relatively isolated late at night as there is a limited night time economy in the locality, particularly between 10pm and 5am. The submitted SHIA report provided further detail with respect to onsite management measures and security mechanisms. It is further noted that the Service Station shop, forecourt and landscaping have been designed to incorporate CPTED principles particularly with respect to lighting and casual surveillance. It is considered that suitable conditions of approval could be provided in relation to these matters.

The submitted SHIA report also made the assertion that the proposed Service Station would provide a benefit in terms of public safety by providing a 24/7 “safety point” for pedestrians and motorists by providing a well-lit area at night that is equipped with CCTV surveillance and has a 24/7 staff presence. This public safety benefit is noted, and is considered particularly pertinent given the site’s close proximity to an existing bus stop and the lack of other uses in in the vicinity of the site that remain operational late at night.

Employment and local economic effects

It is considered that the operation of the Service Station would provide a nominal benefit in terms of employment (approximately 5 staff).

Groups with particular needs

Children are a group with particular needs that stand to be affected by the proposal. The potential for impacts on this particular group has been discussed in the sections above.


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Appendix ‘C’

Odour Air/Quality Report

Odour and Emissions The applicant was requested to provide a report identifying all potential odour and air quality impacts from the proposed service station development on the existing surrounding environment, specifically the adjacent Child Care Centre to the immediate East and School located to the South. This had been provided via the ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 5 February 2016. The report conducted an assessment based on the assumption that the fuel vent will be relocated and that stage/phase 1 and stage/phase 2 vapour recovery controls are to be used.

Health required amended wording within the report, which would provide clear information of what technology would be utilised for this specific site to ensure compliance.

The applicant submitted an amended report ‘Air Quality Assessment – Proposed Service Station, 104 Helensvale Road Helensvale – Final’ prepared by Air Noise Environment Pty Ltd, dated 18 April 2016. This report included recommendations of specific technologies for Stage 1 and Stage 2 vapour recovery, relocating the fuel vent pipe and also provided clarification in the conclusion of the proposed operations predicted to achieve compliance with the relevant criteria.

Conditions of approval have been recommended requiring the development be constructed in accordance with the recommendations contained within the Air Quality Assessment report.


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2.5m DEEP X 2.0m WIDE SPLAYS IN ACCORDANCE WITHAUST STANDARDS


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Document: #54786515 Page 1 of 6

Infrastructure Charge Notice To: HARGREAVES PROPERTY

C/- KEN RYAN & ASSOCIATES PO BOX 970 INDOOROOPILLY QLD 4068

Cc: CHERYL ROBERTS

104 HELENSVALE ROAD HELENSVALE QLD 4212

Land to which charges apply

The land to which the charges in this notice apply is.

Property description LOT11 RP214070 Property address 104 HELENSVALE ROAD HELENSVALE

Total levied charge payable $ 21,690.00

+ADJUSTMENTS AND/OR REVIEWS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.

Payment details

Payment of the levied charges must be made to. Council of the City of Gold Coast

Payment can be made at any of Council of the City of Gold Coast (Council) customer service centres or by cheque to.

PO Box 5042, Gold Coast MC, Qld 9729

Please note that payment by credit card is not accepted.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and

(b) The increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average.

‘3-yearly PPI index average’ and ‘PPI index’ have the meanings given in the Sustainable Planning Act 2009. As the levied charge amount is current at the date of issue, the total charges due at the date of payment may be greater.


324 Adopted Report


Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of Council’s Local Government Infrastructure Plan (LGIP). If applicable, details of the offset amounts will be quantified on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.

Authority for charge

The charges in this notice are payable in accordance with the Sustainable Planning Act 2009.

GST The Federal Government has determined that contributions made by developers to Government for infrastructure and services under the Sustainable Planning Act 2009 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].


325 Adopted Report


Infrastructure Charge Notice

Thursday, 21 April 2016 Application PN153682/01/DA3 Site address 104 HELENSVALE ROAD, HELENSVALE Application number & code 201501258 MCU Application description SERVICE STATION Officer name Tarryn Dreyer

Charge calculation



Commercial (Retail) 173 sq m Gross Floor Area @ $ 180.00 $ 31,140.00 Impervious Area 0.1855 Hectares @ $ 100,000.00 $ 18,550.00 $ 49,690.00

Net Charge Summary Gross Charge Amount Applied Credit Amount Net Charge Amount

$ 49,690.00 $ 28,000.00 $ 21,690.00

Office Use Only $ 20,292.70 OTHINF $ 1,055.04 SEWINF

$ 342.26 WTRINF $ 21,690.00


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INFORMATION NOTICE

DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Council of the City of Gold Coast has issued this Infrastructure Charges Notice as a result of the additional demand placed upon trunk infrastructure that will be generated by the development.

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to

give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;

(b) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(c) there was no decision about an offset or refund; (d) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.


327 Adopted Report


SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS TO A BUILDING AND DEVELOPMENT COMMITTEE FOR INFRASTRUCTURE CHARGES NOTICE

535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development

committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the decision involved an error relating to-


(b) there was no decision about an offset or refund; (c) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.








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How to pay methods

Pay by mail

Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address: Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person

Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $10,000 using credit card) Payments by credit card will incur a 0.60% surcharge. Customer Service Centres Monday to Friday 8.15am to 4.30pm Broadbeach 61 Sunshine Boulevard, Mermaid Waters Bundall 8 Karp Court, Bundall Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale Nerang 833 Southport Nerang Road, Nerang Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222 (7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre Open hours; cityofgoldcoast.com.au

cityofgoldcoast.com.au


329 Adopted Report

ITEM 5 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1


1 OVERVIEW Site address 28 Michigan Drive, Oxenford Application description

Development Permit for Material Change of Use (Impact Assessment) for a Motel (Nine (9) Rooms) and a Caretaker’s Residence


Proposal The proposed development seeks to retrofit an existing two (2) storey detached dwelling into a Motel consisting of nine (9) rooms and a Caretaker’s Residence.

Main Issues/Resolution

Issue Resolution Minor conflict with the Gold Coast Planning Scheme 2003 primarily related to density and land-use

A detailed assessment reveals the development represents a built form outcome that is consistent with the intent and character of the area. The development is sensitive to adjoining sites and adequately mitigates the potential impacts otherwise caused by higher densities or more typical developments of this nature. Further, the site is suitably located on a corner allotment within close proximity to major roads and tourist attractions as well as commercial development.

Submissions Objections Support

Six (6) properly made objections Nil


• Incompatibility with LAP/ zoning;

• Inconsistent with planning scheme/s;

• Impacts on residential character;

• Acoustic impacts;

• Traffic impacts; • Density; and

• Hours of operation.

Referral agencies Not applicable Officer's recommendation Approval


330 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT




11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Gold Coast Water 11.4 City Infrastructure 11.5 Plumbing and Drainage 11.6 Hydraulics and Water Quality 11.7 Arborist 11.8 Landscape Assessment




331 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 2 EXECUTIVE SUMMARY The site is located within the Hillside Residential Precinct of the Oxenford Local Area Plan where the proposed land use of ‘Caretaker’s Residence’ is listed in Table ‘A’ of the Table of Development as Code Assessable, however, ‘Motel’ does not appear in the aforementioned table, therefore causing the application to trigger Impact Assessment.

The proposed development has been assessed against the relevant Desired Environmental Outcomes as well as the Performance Criteria listed within the Oxenford Local Area Plan Place Code, the Low Rise Commercial Tourist Accommodation Specific Development Code, the Caretaker’s Residence Specific Development Code and applicable constraint codes of the Gold Coast Planning Scheme 2003. The proposal provides alternative solutions to accommodation density, amenity protection, landscape buffers, the location of the development (with respect to the type of road it is serviced by), and the nature of a car parking space.

The application received six (6) submissions during the Public Notification period, which raised concerns relating to the land use and its inconsistency with the planning schemes, its incompatibility with the surrounding area, impacts relating to; acoustics, traffic, density, and the hours of operation. These points of objection have been factored into the assessment of the proposal. Where possible, conditions have been included in the officer’s recommendation to address the submitters concerns. It is not considered that the submissions received warrant the refusal of this application. The assessment has concluded that the proposal is consistent with the surrounds and the overall intent for the area. The inclusion of acoustic fences and quality landscaping will ensure that the residential amenity of the adjoining land owners is not compromised, particularly when coupled with the low-scale nature of the development. Therefore, following an in-depth assessment, the application is recommended for approval subject to reasonable and relevant conditions.

3 APPLICATION INFORMATION Real property description Lot 3 on RP194670 Applicant Dr T. Bakare C/- PMH Planning Owner at time of lodgement Tony Mufutau O Bakare Current owner Tony Mufutau O Bakare Site area 1,957m2 Date application received 25 November 2015 Date entered decision 3 February 2016 LAP & precinct Hillside Residential Precinct of the Oxenford Local Area

Plan City Plan Large Lot Precinct of the Low Density Residential Zone State planning policies N/A Decision type Development Permit 4 BACKGROUND No applicable background.


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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 5 PROPOSAL The application seeks to retrofit an existing two (2) storey detached dwelling into a Motel that is to contain nine (9) rooms and a Caretaker’s Residence. The development will provide 428m2 of total usable area on the ground floor and 108.5m2 of total usable area on the first floor. The first floor is proposed to include all of the Motel rooms as well as a reception room and a communal recreation area. The Caretaker’s Residence, which encapsulates the entire first floor, is included within the application in place of a manager’s office to enable the manager to reside on-site. Six (6) of the Motel rooms proposed are able to be connected onto adjoining rooms to form larger rooms to satisfy the needs of the respective guests. The development offers 11 car parking spaces which are accessed via two (2) vehicular crossings (VXOs) within the Michigan Drive and California Drive frontages respectively, and a SRV loading bay located between the building and the Michigan Drive frontage. The VXO along California Drive allows for egress only, while the VXO along Michigan Drive is restricted to left-in, left-out movement due to a traffic island on the road. The development also includes the following:

• Two (2) metre high acoustic fences to safeguard the residential amenity to the south and west;

• Vegetation buffers along each boundary, particularly the southern and western boundaries;

• Although the Motel use will operate 24 hours a day, the main operations, such as check-in, check-out, servicing of rooms etc. are intended to occur between the hours of 6am-10pm, seven (7) days a week;

• 327m2 of communal open space; and

• Site coverage of 21.6%. To clarify, the development is simply renovating the existing detached dwelling to establish the proposal and there will be no increase in gross floor area as a result of this development. For all intents and purposes, the design of the proposal will appear as a detached dwelling, complementing the existing character of the locality.


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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1

Figure 1: Site Plan of proposed development


334 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 Figure 2: 3D perspectives of proposed development

Figure 3: Statement of Landscape Intent

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is a corner allotment, 1,957m2 in size and has a frontage of 53 metres to Michigan Drive and 37 metres to California Drive. The site is currently improved by a two (2) storey detached dwelling and is generously landscaped along the majority of all boundaries. The site has a generally flat topography, which slopes slightly from north to south.

Figure 4: Subject site as viewed from Michigan Drive


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Figure 5: Subject site as viewed from the eastern end of the Michigan Drive frontage


336 Adopted Report


Figure 6: Subject site as viewed from the west along Michigan Drive

6.2 Characteristics of surrounding environment North • Oxenford Medical Professional Centre, which is directly opposite the subject site, contains

a number of Medical Centres, a coffee shop, hairdresser, beauty therapy, chemist, and an accountancy; and

• A small pocket of residential development within the Medium Density Residential Zone and beyond that, a pocket of properties within the Rural Residential Zone.

East • Oxenford Boulevard, which is directly opposite the subject site, contains a number of

shops including a SPAR Express, real estate agency, hairdresser, florists and a denture clinic;

• A Child Care Centre, being ‘Goodstart Early Learning’ and

• Pacific Motorway which is located 250 metres away. South • ‘Village Roadshow Theme Park’ located 280 metres south; and

• A large pocket of residential development that resides within the Large Lot Precinct of the Low Density Residential Zone.


337 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 West • A large pocket of residential development that resides within the Large Lot Precinct of the

Low Density Residential Zone;

• Oxenford State School;

• A Place of Worship, being the ‘Kingdom Hall of Jehovah’s Witnesses’; • Two (2) Child Care Centres; and

• An Extractive Industry located along Tamborine Oxenford Road and Maudsland Road, both of which are State controlled roads.

Figure 7: Aerial photograph of subject site and surrounding environs

‘Oxenford Boulevard’

‘Village Roadshow Theme Park’

‘Goodstart Early Learning’

‘Oxenford Medical Professional Centre’

‘Kingdom Hall of Jehovah’s Witnesses’


338 Adopted Report


Image of ‘Oxenford Boulevard’, located on the adjacent side of California Drive.

Image of ‘Goodstart Early Learning’ Child Care Centre, immediately east of ‘Oxenford Boulevard’.

Image of ‘Oxenford Medical Professional Centre’, located on the adjacent side of Michigan Drive.

Image of further commercial development, located on the adjacent side of Michigan Drive.

Figure 8: Site photographs of surrounding environs

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:


339 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 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 in the Urban Footprint.


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. Infrastructure Charges are applicable for this development application


• 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 N/A 7.1 City Plan This application was lodged under the Gold Coast Planning Scheme 2003 and has been carefully reviewed, having regards to Section 317 of the Sustainable Planning Act 2009.

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

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


Oxenford Local Area Plan Place Code


Low Rise Commercial Tourist Accommodation Specific Development Code; and Caretaker’s Residence Specific Development Code


340 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 Relationship to the Domain or LAP The subject site is located in the Hillside Residential Precinct of the Oxenford Local Area Plan.

Pursuant to the Planning Scheme, the proposed land uses are defined as ‘Motel’ and ‘Caretaker’s Residence’:

Motel

“Premises used, or intended to be used, to provide accommodation in serviced rooms for persons away from their normal place of residence and where provision is made for parking guests' vehicles conveniently to the rooms. This term does not include aged persons accommodation, a Community Care Centre, Resort Hotel, Hostel Accommodation, Resort Hotel or Special Accommodation.”

Caretaker’s Residence

“Any dwelling used or intended to be used for caretaker purposes, where a person residing in the dwelling is employed on the site and the dwelling is used in connection with an industry or other use conducted on the same parcel of land. The term includes any dwelling unit provided for a person engaged in a use lawfully established on the land. It does not include any dwellings made available for private rental purposes.”

This triggers Impact Assessment pursuant to Table of Development ‘A’ (Material Change of Use) due to the proposed Motel, being an unlisted land-use.

The intent statement for the Hillside Residential Precinct reads:

“The precinct will maintain the existing hillside large lot residential development form, whilst creating a sense of place for residents. Development within the precinct must address potential amenity impacts arising from its proximity to extractive industry and tourist facilities. Resubdivision or increases in site density of areas outside of the Residential Density – RD3 area, is not appropriate due to the limited capacity of existing infrastructure.”

The proposed development complies in part with the above statement as it seeks to maintain the existing dwelling, thereby preserving the residential form on-site. The proposed land-use addresses its proximity to tourist facilities through offering a service that responds to its location.

While the subject site is designated to have a density of one (1) dwelling per lot, Gold Coast Water is satisfied that the existing water and sewerage infrastructure can support the low-scale density proposed. Transport Assessment is satisfied that the development provides sufficient off-street car parking on-site and will not have a detrimental impact to the surrounding street network. The increased density has been successfully facilitated through refurbishing an existing two (2) storey detached dwelling that is visually consistent with the surrounding residential development.

The intent statement for the Oxenford Local Area Plan reads:

“The Local Area Plan (LAP) seeks to retain and enhance the character and sense of place for the residents and visitors of Oxenford. It is intended that this be achieved whilst accommodating the planned growth for the area and balancing the environmental, transport, economic and tourism activities in Oxenford.

It is intended that Oxenford will become an area that retains high levels of amenity and has planned development and services. Oxenford supports a diversity of housing accommodation and businesses that contribute to the vibrancy of the area. Oxenford has


341 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 been identified to include a District Centre which will act as a commercial and community focal point for the Oxenford Community and to support the City’s System of Activity Centres. Development will contribute to the accommodation and business diversity of Oxenford without compromising the development of nearby centres at Coomera and Helensvale. The Local Area Plan will ensure that the superb natural features and functions of the remnant vegetation, vegetated ridgelines, parklands and waterways provide Oxenford with a unique and valuable open space network. An efficient transport and access system will be established that will enhance the quality of life of residents and achieve a high level of connectivity to services and neighbouring suburbs.

Oxenford is recognised as a primary gateway to the Gold Coast and Hinterland. Where the Pacific Motorway and the Coomera River meet a gateway is formed from which commuters experience significant vistas of Oxenford and its surrounds. Development along the Pacific Motorway must recognise the visual prominence of the area and be designed to complement or enhance the visual experience.

The LAP area supports several, regionally significant, tourist and economic activities at Movieworld, Wet'n'Wild, and the Oxenford extractive industry operations. The LAP seeks to ensure that further development of these assets will be achieved without compromising the character and aesthetic environment and ecological function of surrounding natural features and residential areas.”

The proposed development complies with the above intent statement as it seeks to retain the character and sense of place for the residents and visitors of Oxenford by retrofitting the existing two (2) storey dwelling, while, the generous landscaping proposed will enhance this experience. The low site coverage, landscaping and acoustic fences will ensure that the development retains the level of residential amenity being experienced within the area. The development is appropriately located to utilise and, in terms of public transport, enhance the efficiency of the transport system.

Desired Environmental Outcomes – Citywide ‘Motel’ is an unlisted land-use within Table of Development ‘A’ of the Hillside Precinct of the Oxenford LAP Place Code. Due to the nature of the properly made submissions received and given that the development does not comply with the entirety of the precinct’s Intent Statement, Council officers have undertaken an assessment against the higher order provisions of the Gold Coast Planning Scheme 2003 to determine compliance.

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 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.”

Council officers consider that the proposal will not compromise the achievement of the DEOs within the Planning Scheme. Below is a discussion on the DEOs that are particularly relevant to this application:


342 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 DEO Soc.5 “The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, industrial and extractive industry activities.” Explanation

“Gold Coast City's competitive strengths are strongly linked to its attractive lifestyle attributes. Residential amenity translates to good quality of life. In a context of competing activities and rapid urban growth, it is important that these lifestyle values are identified and considered in land use and development decision making.

The Planning Scheme is able to provide considerable influence in this regard. Initially, it is able to position the various land uses so as to separate conflicting activities, through the Land Use Themes, domains and LAP provisions. It is then able, through the application of the various codes for assessing development proposals, to further minimise potential conflicts through controls on construction activity, the design and layout of the development and the nature of its operations.”

Planning Objective to support DEO Soc.5

Soc.5.1 to ensure that land uses that have the potential to conflict with residential amenity are adequately separated and/or buffered from residential areas.

Soc.5.2 to ensure that the design and layout of development minimises any potential for activities to adversely impact upon the amenity of nearby residential premises.

Soc.5.3 to control, where possible, the nature of construction activity and the ongoing operational aspects of development to levels that are appropriate for a reasonable standard of amenity in nearby residential premises.

The subject site is a corner allotment which limits the impact the development poses to the surrounding environment due to the reduced number of adjoining properties. The site is within close proximity to a number of commercial uses and located along a distributor road which limits the residential amenity enjoyed by the residents who front this street. The development will therefore buffer the residents to the south, while the generous setbacks and landscaping ensure that the development is adequately separated and buffered from the residential development. Acoustic impacts will be mitigated and attenuated via the proposed two (2) metre tall acoustic fences which are an appropriate height and suitably stepped to allow for landscaping to relieve any potential visual impacts. The use of the outdoor recreation area will be limited to the hours of 7:00am to 10:00pm to protect the residential amenity of the adjoining landowners. Further, officers have determined that the arrival and departure of guests would not cause undue impacts to residential amenity and would be similar to that of any residential development, particularly given the low-scale nature of the development and the context of the site which does not offer nearby late-night attractions. This denotes that checking-in and checking-out is likely to occur between typical business hours.

The development is low-scale with only nine (9) Motel rooms and a Caretaker’s Residence, mitigating impacts relating to traffic and noise. Traffic impacts are further managed as the development provides the compliant number of car parking spaces on-site, which are also suitably located and separated from the site’s boundaries and adjoining properties.


343 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 The impacts from construction activity will be extremely limited given that the proposal only relates to the renovation of an existing dwelling with no external building works.

It has therefore been determined that the proposed development satisfies DEO Soc.5.

Compliance with the Oxenford Local Area Plan Place Code The proposal complies with all of the place code’s Acceptable Solutions and Performance Criteria, except as follows:

Performance Criteria Acceptable Solution PC2 - Accommodation Density Accommodation density must be low to maintain a suburban residential environment comprising predominantly detached dwellings.

AS2 The dwelling density is one detached dwelling per lot.

PC13 – Accommodation Density Accommodation Density must be consistent with the District Centre character of Oxenford, the existing residential development pattern, and infrastructure constraints.

AS13 The site is designated with a specific maximum residential density on Oxenford LAP Map 18A.4 – Maximum Residential Density and the development does not exceed the indicated maximum residential density.

The proposed development includes nine (9) rooms and a Caretaker’s Residence as opposed to a single detached dwelling, therefore, the proposed development proposes an alternative solution to AS2 and AS13 of the place code. The density proposed has been deemed to comply with PC2 and PC13 for the following reasons: • The suburban character will not be negatively affected by the proposed development as

the applicant has proposed to refurbish the existing detached dwelling, ensuring that the design is in keeping with the surrounding area, being predominantly detached dwellings; and

• The proposed Motel is low-scale and Transport Assessment are satisfied that the development will not place any significant impacts on the surrounding road network, while Gold Coast Water are satisfied that the sewer and water networks have adequate capacity.


• Low Rise Commercial Tourist Accommodation Specific Development Code; and • Caretaker’s Residence Specific Development Code. The proposal complies with all of the specific development code’s Acceptable Solutions and Performance Criteria, except as follows:


344 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 Low Rise Commercial Tourist Accommodation Specific Development Code

Performance Criteria Acceptable Solution PC5 – Landscape Buffer The Low Rise Commercial Tourist Accommodation use must maintain a reasonable standard of amenity, and must not adversely affect the amenity of adjacent premises.

AS5.2 The landscape buffers are located abutting the common boundaries, and have: a) a length consistent with the extent of the non-residential component; b) a minimum width of 5 metres; c) dense planting.

The proposed development includes the following landscape buffers: • Between 1.5 metres and eight (8) metres along the western boundary;

• An average of four (4) metres along the southern boundary;

• An average of five (5) metres (with some pinch points) along the California Drive frontage; and

• An average of two (2) metres (with some pinch points) along the Michigan Drive frontage.

Therefore, the proposed development includes landscape buffers that are less than five (5) metres in width, providing an alternative solution to AS5.2. However, it has been determined that the proposed development complies with PC5 for the following reasons: • The width, location and height of the species within the landscape areas (as conditioned

within the officer’s recommendation) will provide the sufficient buffering and visual screening to maintain the residential amenity of the neighbouring properties;

• Landscape Assessment is satisfied with the proposed landscaping (with some minor alterations proposed in terms of species). Typically a width of approximately a metre to 1.5 metres would provide sufficient space for deep, quality planting, and the applicant is proposing to exceed this along all boundary edges;

• A quality landscape outcome is created through having landscaping throughout the site, which is far more desirable than having only limited areas that are five (5) metres in width;

• The narrower widths of the landscape areas allows the applicant to maintain the existing detached dwelling, which is desirable for the character of the area, while allowing for compliant car parking spaces and aisle widths for vehicular manoeuvrability; and

• The proposed landscape works complies with the requirements of the place code, where AS28 states that, “landscape works within and adjacent to road frontages enhance the streetscape and create a soft and attractive interface between the street and adjoining buildings.”

Performance Criteria Acceptable Solution PC8 – Location The Low Rise Commercial Tourist Accommodation use must be located in close proximity to recreational facilities or commercial services, and must have good access to transport.

AS8.2.2 The Low Rise Commercial Tourist Accommodation use has direct access to a major arterial road.


345 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 The subject site is located along a distributor road as opposed to a major arterial road and therefore provides an alternative solution to AS8.2.2. It has been determined that the proposed development complies with PC8 of the specific development code for the following reasons:

• Michigan Drive is a distributor road, intended to carry a large number of vehicles;

• The site is approximately 250 metres west of Pacific Motorway;

• As outlined within part 6.2 ‘Characteristics of surrounding environment’ of this report, there is a number of commercial services within close proximity, with park space for recreational facilities; and

• The Village Roadshow Theme Park, located approximately 280 metres south offers a large employment catchment and a major tourist attraction. Holiday makers looking to visit these attractions are likely to utilise the proposed development, while short-term employment opportunities within the Movieworld portion of the theme park will provide for a further economic driver of this proposed development.

The development complies with all of the relevant Acceptable Solutions and Performance Criteria of the Caretaker’s Residence Specific Development Code.

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

• Car Parking, Access and Transport Integration Constraint Code The proposal complies with all of the constraint code’s Acceptable Solutions and Performance Criteria, except as follows:

Performance Criteria Acceptable Solution PC16 - Provision of Car Parking Spaces Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles. Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or redevelopment over time to a variety of uses, increased densities or increased employment intensity.

AS16.1 Car parking is provided in accordance with the number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1.

Pursuant to Table to Acceptable Solution AS16.1 a Motel is required to provide one (1) car parking space per room, plus one (1) for the manager’s office, while a Caretaker’s Residence is required to provide two (2) spaces, one (1) of which is to be covered. The development proposes to provide 11 uncovered car parking spaces, one (1) for each room and two (2) for the caretaker/ manager. Therefore, the development provides an alternative solution to AS16.1. It has been determined that the car parking proposed satisfies PC16 for the following reasons:


346 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 • The Caretaker’s Residence removes the need for a manager’s office on-site and therefore

removes the need to provide a space for a caretaker and a manager;

• The lack of a covered car parking space for the caretaker/s reduces the building bulk and the footprint of the development allowing for an increased landscape buffer, ensuring a higher degree of residential amenity and further protecting the character of the area;

• The development provides the required number of car parking spaces; and

• The proposed development complies with the requirements for car parking under the City Plan as covered car parking spaces are not required within the Transport 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.


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


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 Monday 30 November 2015.





Architect

Gold Coast Water

City Infrastructure



Operational Works



Arborist


Beaches and Water


Social Planning


347 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 From this meeting the application was referred to applicable referrals as discussed below:

11.1 Health and Regulatory Services Health and Regulatory Services was referred a copy of the development application to provide comments/conditions. Council’s Health and Regulatory Services department have assessed the application and determined it to be satisfactory, subject to conditions. Conditions specific to acoustic controls and the management of solid waste have been included in the officer’s recommendation.

11.2 Transport Assessment Transport Assessment was referred a copy of the development application to provide comments/conditions. After providing an item for the information request, Council’s Transport Assessment department have assessed the application and determined it to be satisfactory, subject to conditions. Conditions relating to the provision of car parking, sightlines, internal footpaths and loading and unloading have been included in the officer’s recommendation.

11.3 Gold Coast Water Gold Coast Water was referred a copy of the development application to provide comments/conditions. Council’s Gold Coast Water department have assessed the application and determined it to be satisfactory, subject to conditions. Condition specific to the provision of sewerage and water services have been included in the officer’s recommendation.

11.4 City Infrastructure City Infrastructure was referred a copy of the development application to provide comments/conditions. Council’s City Infrastructure department have assessed the application and determined it to be satisfactory, subject to conditions. Condition specific to the nature and design of the vehicular crossings have been included in the officer’s recommendation.

11.5 Plumbing and Drainage Plumbing and Drainage was referred a copy of the development application to provide comments/conditions. Council’s Plumbing and Drainage department have assessed the application and determined it to be satisfactory, subject to conditions. Conditions specific to the requirement of Compliance Permits for the provision of sewerage and water have been included in the officer’s recommendation.

11.6 Hydraulics and Water Quality Hydraulics and Water Quality was referred a copy of the development application to provide comments/conditions. After providing an item for the information request, Council’s Hydraulics and Water Quality department have assessed the application and determined it to be satisfactory, subject to conditions. Conditions specific to the site’s hydraulic condition, management of stormwater and appropriate erosion and sediment control have been included in the officer’s recommendation.

11.7 Arborist Arboriculture Planning was referred a copy of the development application to provide comments/conditions. Council’s Arborists have assessed the application and determined it to be satisfactory, subject to conditions. Conditions requiring appropriate vegetation clearing approvals have been included in the officer’s recommendation.


348 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 11.8 Landscape Assessment Landscape Assessment was referred a copy of the development application to provide comments/conditions. Council’s Landscape Assessment department have assessed the application and determined it to be satisfactory, subject to conditions. Conditions specific to required landscaping approvals and the design of frontage fencing have been included in the officer’s recommendation.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies There are no Concurrence agencies triggered by this development application.

12.2 Advice agencies There are no Advice agencies triggered by this development application.

13 DEVELOPMENT INFRASTRUCTURE Charges Resolution v1.1 of 2015 Qty Rate Gross Charge Amount Apartment (1 Bedroom) 1 Dwellings @ $ 20,000.00 $ 20,000.00 Short Term Accommodation (1 Bedroom)

9 Dwellings @ $ 10,000.00 $ 90,000.00

$ 110,000.00


$ 110,000.00 $ 28,000.00 $ 82,000.00

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

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, six (6) submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Incompatibility with LAP/ zoning Example: “The proposed Motel is inconsistent with this LAP and the intended use of the area and I do not support its development.”

Officers have determined that the proposed development complies with the intent of the Oxenford LAP as it seeks to retain the character and sense of place for the residents and visitors of Oxenford by retrofitting the existing two (2) storey dwelling, while the generous landscaping proposed will enhance this experience. However, it is acknowledged that the Intent Statement of the Hillside Residential Precinct seeks to avoid higher densities within this area. Notwithstanding, Council officers are satisfied that the density has been achieved appropriately through a consistent built form, compliant car parking spaces and adequate sewerage and potable water infrastructure.


349 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 Inconsistent with City Plan Example: The development conflicts with s6.2.1.2(2)(a)(vi) of the City Plan which states, “land uses - that are incompatible, such as Service stations, Short-term accommodation or Tourist accommodation are not located in the zone” and should be rejected.

This application was lodged and assessed under the Gold Coast Planning Scheme 2003. If the application had been assessed under the City Plan, the proposed development would have resulted in a minor conflict with the City Plan through contradictions with Strategic Outcomes, Specific Outcomes and Overall Outcomes. On balance, the proposal complies with the Strategic Framework of the City Plan as a whole. The development represents a built form outcome that is consistent with the intent and character of the area. The development is sensitive to the adjoining sites and adequately mitigates the potential impacts otherwise caused by higher densities or more typical developments of this nature. Further, the site is suitably located on a corner allotment within a close proximity to major roads and tourist attractions as well as commercial development.

Impacts on residential character Example: “A commercial motel is not compatible with the Hillside precinct in which it is located nor is it compatible with the residential character and amenity of the surrounding properties.”

Officers have determined that the proposed development offers a built form that is consistent with the residential character of the area due to the generous landscaping and setbacks. Further, the overall height and building design is entirely in keeping with the intent of the area.

Acoustic impacts Example: “Having a residence that accommodated 9 Motel rooms and a caretaker residence, with a pool, that could potentially house 20 adults/children plus per night, raises concerns about noise levels coming from the property that may impact on surrounding residences.”

Council’s Health and Regulatory Services are satisfied that the proposed development can achieve the necessary acoustic requirements. The proposed development will successfully mitigate any potential acoustic impacts through the inclusion of two (2) metre tall acoustic fences and restrictions relating to the use of the recreational areas, being 7am to 10pm. Officers have determined that the arrival and departure of guests would not cause acoustic impacts and would be similar to that of a typical residential development, particularly given the low-scale nature of the development and the context of the site which does not offer nearby late-night attractions. This denotes that checking-in and checking-out is likely to predominantly occur between typical business hours.

Traffic impacts Example: “The location of the property is on the corner of feeder roads and an intersection that already gets heavily congested at peak times. It would only increase congestion

The proposed development is low-scale and provides the required number of car parking spaces to successfully manage the small degree of traffic generated. Council’s Transport Assessment is satisfied that the road network will not be detrimentally impacted upon, particularly as Michigan Drive is a distributor road. Further, vehicular trips generated by the development will be divided and distributed throughout the


350 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 by having an additional 10 potential cars and possibly taxis trying to enter and exit the driveways or park around the corners.”

surrounding network as the two (2) VXOs proposed allow for different traffic movements.

Density Example: “The proposal to turn this into a commercial 9 motel dwelling plus caretaker residence is not consistent with the development pattern in the Hillside Precinct and is of a significantly higher density than is intended under the LAP.”

The proposed density has been adequately accommodated on-site with built form that is appropriate for the area and the provision of suitable car parking and communal recreational facilities. Council’s Gold Coast Water and Transport Assessment are satisfied that the density can be adequately catered for.

Hours of operation Example: “The establishment of this development of this application would have a devastating effect on our residential lifestyle and with cars coming and going 24 hours a day the noise created from this establishment would be significant.”

The use of the recreational space has been restricted through conditions of approval included within the officer’s recommendation, thereby limiting any potential impact on residential amenity. Further, officers have determined that the arrival and departure of guests would not cause undue impacts to residential amenity given the low-scale nature of the development and the context of the surrounding area which does not offer nearby late-night attractions.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Assessment of aspects outside that which has been covered is not applicable for this development application.

16 CONCLUSION A detailed assessment has concluded that the proposed development complies with the relevant Desired Environmental Outcomes and Performance Criteria of the applicable codes and ensures an appropriate outcome for the site is achieved.

Council received six (6) properly made submissions during the Public Notification period that specifically related to the land use and its inconsistency with the planning schemes, its incompatibility with the surrounding area, impacts relating to; acoustics, traffic, density, and the hours of operation. As discussed in detail throughout this report, these concerns are considered to have been adequately addressed by the proposed development which is of a design and scale, in terms of height, setbacks and building footprint, that is consistent with

the surrounding area and the intent of the local area plan and zone. The development is sensitive to the adjoining sites and will successfully mitigate the potential impacts through appropriate buffers and screening.

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


351 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 17 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution:

NOTIFICATIONS



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

Real property description Lot 3 on RP194670 Address of property 28 Michigan Drive Oxenford Area of property 1,957m2 Decision type Development Permit for Material Change of Use for a

Motel (Nine (9) Rooms) and a Caretaker’s Residence Further development permits Building Work, Plumbing and Drainage Work,

Operational Work (Works for Infrastructure), Operational Work (Vegetation Works), Operational Work (Landscape Work)

Further compliance permits Sewerage Works, Water Supply Plumbing Work Compliance assessment required for documents or works

Nil


352 Adopted Report

http://www.goldcoastcity.com.au/pdonline

http://www.goldcoastcity.com.au/pdonline

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for a Motel (Nine (9) Rooms) and Caretaker’s Residence, subject to the following conditions:

APPROVED DRAWINGS


Sheet No. Rev. Title Date Prepared by TP01 B SITE PLAN 07/01/16 BORIS DESIGN

TP02 A PROPOSED GROUND FLOOR PLAN 01/10/15 BORIS DESIGN

TP03 A PROPOSED FIRST FLOOR PLAN 01/10/15 BORIS DESIGN

TP04 A PROPOSED EXTERNAL FINISHES 01/10/15 BORIS DESIGN

TP05 A 3D VIEWS 01/10/15 BORIS DESIGN The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.





4 Changes requiring further approval Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows:



353 Adopted Report


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






WORKS - COMPLIANCE




354 Adopted Report




ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 CAR PARKING AND ACCESS




c A minimum of 11 off-street car parking spaces must be provided for on-site.







9 Sight lines to pedestrians Where a driveway is two lanes / two ways and meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. Where a driveway is ‘exit’ only the sight lines must be provided on both sides of the driveway. The area within these sight triangles must be kept clear of obstructions.







355 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 11 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.







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


FOOTPATHS AND BIKEWAYS

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

i 1.2 m wide path linking the site’s pedestrian entry to the existing path within the verge of California Drive.

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





reserve) must be designed and constructed by the



356 Adopted Report


applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial,

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

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

satisfaction of the Chief Executive Officer.

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




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




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


Council’s Land Development Guidelines,

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


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Standard Specifications and Drawings; ii Apply for and obtain a development permit for



iv Submit ‘As Constructed’ data in accordance with Council’s Land Development Guidelines, Standard Specifications and Drawings.

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

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

subdivision plan or the issuing of a certificate of classification, whichever occurs first.

HYDRAULICS





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



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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 21 Compliance with stormwater management plans

a The stormwater quality management plans, titled “Site Based Stormwater Management Plan, Proposed Accommodation Facility, Lot 3 on RP194670, 28 Michigan Drive, Oxenford” dated 4 November 2015 and the subsequent letter report titled “Information Request Response: Site Based Stormwater Management Plan – Lot 3 on RP194670, 28 Michigan Drive, Oxenford” dated 7 January 2016 and all prepared by DNBS Consulting Engineers, are approved subject to implementation of the following requirements: i The applicant shall ensure that no (minor) runoff

from the hardstand area will leave untreated and all runoff from the site will discharge towards the stormwater devices and then to the lawful point of discharge by gravity.

ii The applicant shall ensure that the bio-retention basin and the associated outlet/erosion protection works are entirely located within their site.

b All hydraulic and stormwater related works must be carried out and completed by the applicant in accordance with the above mentioned stormwater management plan.


Timing At all times

22 Maintenance of stormwater management devices and infrastructures a The body corporate and/or legal authority of the

development shall be responsible for monitoring and maintaining the stormwater management device/s during both construction and operational phases at no cost to the Council.

b A stormwater quality improvement device (SQID) maintenance management plan must be included in the Body Corporate by-laws or Community Management Plan. The SQID maintenance management plan must be: i Prepared by a Registered Professional Engineer

Queensland (RPEQ) specialising in stormwater; and

ii Developed in accordance with Council's Water Sensitive Urban Design Guidelines (2007).



359 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 23 Certification that stormwater management treatment

train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use.




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







ACOUSTICS

25 Acoustic design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics P/L dated 25/11/15 (Reference No. 15187 report).

Timing Prior to Building Approval


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Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

26 Compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to occupation

27 Acoustic barrier A two (2) metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in Sketch 1 of the acoustic report prepared by CRG Acoustics P/L dated 25/11/15 (Reference No. 15187 report).


28 Hours of operation The pool outdoor recreation area activity is permitted to be undertaken between the hours of 7:00am to 10:00pm only.

Timing At all times

WASTE

29 Delivery and waste collection hours Delivery and waste collection activities must be conducted between the hours of 7am to 6pm only.

Timing At all times

30 Wheelie bins - external common wheelie bin storage

point/s The common wheelie bin storage point/s must be located in accordance with The Site Plan prepared by Boris Design dated 1/10/15 (Reference No. TP01). The design and construction of the storage point/s must comply with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Minimum area of 1m2 per wheelie bin b Sufficiently screened from passing vehicle and

pedestrian traffic external to the site or inhabitants of neighbouring properties.

c Constructed hardstand area with a solid concrete base or acceptable equivalent

d Store no more than ten (10) general bins and ten (10) recyclable bins

e Signed, well lit, and easily accessible from within the development



361 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 CONSTRUCTION MANAGEMENT












protection of Council assets will be well managed. d Should the development be under construction during

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

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

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is




362 Adopted Report


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


g Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

h Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.





AMENITY






363 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 36 Refuse storage area

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


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





39 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Assessable Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved bushfire management plan. c Plans clearly identifying which vegetation is proposed


d A letter from an EPA-approved spotter-catcher together with any necessary fauna management plan or a QPWS-endorsed fauna translocation management plan.

e A basic vegetation management plan. f A sediment and erosion control and construction

management plan. For this condition ‘Assessable Vegetation’ is defined as vegetation that is: • greater than four metres in height; • equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.4 metres above average ground level irrespective of the zone;

• remnant vegetation and its native under-storey as



364 Adopted Report


identified on the Vegetation Management Overlay Map; or • disturbed/re-growth/wetland vegetation and its native

under-storey as identified on the Vegetation Management Overlay Map.






Landscape Intent, being plan no Mis–Oxe-P1, title LANDSCAPE DESIGN PLAN, date 12-11-2015, prepared by GROTEC Pty Ltd;



v Demonstrate compliance with the following: A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litre at the time of planting;

B The two Plumera obtuse along Western boundary within the pool grassed area must be replaced with an appropriate tree species as conditioned above;

C All existing Syagrus romanzoffiana Cocos or Queen palm must be removed and replaced with an appropriate tree species as conditioned above;

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

E Feature shrub species must be a minimum 300mm pot size at the time of planting;

F Unless otherwise specified, shrub species must be a minimum 200mm pot size at the time of planting

G All proposed Bambusa multiplex Bamboo must be replaced with an appropriate screening shrub/tree species capable of



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attaining 5 metres at full maturity e.g. Syzygium; and

H The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

41 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The fence is not forward of the building line; or b The fence is set back a minimum 600mm within the site

boundary and screen shrub plantings are incorporated between the fence and the boundary; or

c The fence includes articulations measuring minimum 600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations; or

d The fence is of pool type or similar and screen shrub plantings are included immediately internal to the fence to provide privacy.






Guidelines); and



366 Adopted Report


c comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note:

• Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


43 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a Be accompanied by a hydraulic design for all water

services within the property; and b Comply with City Plan Policy – Land Development



SEWERAGE

44 Sewer reticulation a The re-development must be connected to Council’s

sewer reticulation system at no cost to Council. b The size of the sewer property service connection shall

be a minimum 150mm, unless it can be demonstrated to Gold Coast Water that the existing 100mm property connection is: i suitably located, ii meets hydraulic capacity, and iii in sound conditions assessed by closed-circuit

television (CCTV), material and age. c in accordance with Section 4.5.4 of the SEQ Sewerage

Design & Construction Code (SEQ D&C Code).



367 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 45 Design, construction and standard of sewer reticulation



46 Connection point The existing sewer manhole in California Drive, located near the southern corner of the development site, must be used as the connection point, unless otherwise approved by Gold Coast Water.

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


47 Connection and disconnection – arrangements with Gold Coast Water Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).


48 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.

Timing Prior to the earlier of commencement of the use of the premises.


49 Water supply reticulation (potable only) a The re-development must be connected to Council’s







368 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 51 Connection point

The existing 100mm main in Michigan Drive must be used as the potable water supply connection point unless otherwise approved by Gold Coast Water. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).


52 Installation of property service, water meter box and meters

The applicant must:

a Submit an Operational Works (OPW) application, for Council’s approval, for water meters 100mm and above.

b Make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation should the development require an upgraded service arrangement. i The property service, water meter box and water

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicants cost. Removal must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.


53 Connection and disconnection – arrangements with Gold Coast Water

Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection to existing infrastructure.

54 Supply standard

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


55 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration unless otherwise approved by Gold Coast Water.



369 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 ADVISORY NOTES TO APPLICANT

B Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

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






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


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Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the

development site prior to the lodgement of subdivision plans.

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


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

H Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near


371 Adopted Report



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

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

Author: Authorised by: Hoagy Moscrop-Allison Dyan Currie A/ Senior Planning Officer Director Planning and Environment May 2016


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Committee Recommendation Changed At Council 24 May 2016 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0520.005 moved Cr O'Neill seconded Cr Baildon That Council resolves as follows:

Real property description Lot 3 on RP194670 Address of property 28 Michigan Drive, Oxenford Area of property 1,957m2 Decision type Development Permit for Material Change of Use for a

Motel (Nine (9) Rooms) and a Caretaker’s Residence Further development permits Building Work, Plumbing and Drainage Work,

Operational Work (Works for Infrastructure), Operational Work (Vegetation Works), Operational Work (Landscape Work)

Further compliance permits Sewerage Works, Water Supply Plumbing Work Compliance assessment required for documents or works

Nil

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for a Motel (Nine (9) Rooms) and Caretaker’s Residence, subject to the following conditions:

APPROVED DRAWINGS


Sheet No. Rev. Title Date Prepared by TP01 B SITE PLAN 07/01/16 BORIS DESIGN

TP02 A PROPOSED GROUND FLOOR PLAN 01/10/15 BORIS DESIGN

TP03 A PROPOSED FIRST FLOOR PLAN 01/10/15 BORIS DESIGN

TP04 A PROPOSED EXTERNAL FINISHES 01/10/15 BORIS DESIGN

TP05 A 3D VIEWS 01/10/15 BORIS DESIGN

showing the following amendments:

i Car parking spaces 3-11 are to be covered and suitably screened along the eastern elevation.


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

ii Commencement of the use of the premises. c The amended plans/drawings, when approved by the Chief Executive Officer, will

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








Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business


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days prior to commencement of any works on site.

SCOPE OF APPROVAL

6 Maximum number of guests There are to be no more than two (2) adult guests per room.


7 Maximum length of stay a No guest is permitted to reside on-site (except for the

caretaker/s) for any longer than three (3) consecutive months.

b A ledger is to be kept on-site at all times and is to include the following: i Number of guests; ii Applicable room number/s; and iii Duration of their stay. When requested, relevant documentation must be provided to Council officers.


WORKS - COMPLIANCE




375 Adopted Report




ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 CAR PARKING AND ACCESS




c A minimum of 11 off-street car parking spaces must be provided for on-site.



10 Allocation of car parking Car parking spaces 1 and 2 are to be allocated to the caretaker/s and staff only. Signs must be erected on site to this effect.

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





12 Sight lines to pedestrians Where a driveway is two lanes / two ways and meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. Where a driveway is ‘exit’ only the sight lines must be provided on both sides of the driveway. The area within these sight triangles must be kept clear of obstructions.




b Car parking for staff and visitors must have no



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

14 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.







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


FOOTPATHS AND BIKEWAYS

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

i 1.2 m wide path linking the site’s pedestrian entry to the existing path within the verge of California Drive.

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




377 Adopted Report

ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 VEHICULAR CROSSINGS AND DRIVEWAYS


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

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

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

satisfaction of the Chief Executive Officer.


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




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




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

alteration or realignment of Council infrastructure,

Timing Any connections, alterations or realignment must be completed prior to the


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

Council’s Land Development Guidelines, Standard Specifications and Drawings;



iv Submit ‘As Constructed’ data in accordance with Council’s Land Development Guidelines, Standard Specifications and Drawings.

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

Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.

HYDRAULICS





23 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



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flows on other properties or that creates an increase in flood damage on other properties.

24 Compliance with stormwater management plans a The stormwater quality management plans, titled “Site

Based Stormwater Management Plan, Proposed Accommodation Facility, Lot 3 on RP194670, 28 Michigan Drive, Oxenford” dated 4 November 2015 and the subsequent letter report titled “Information Request Response: Site Based Stormwater Management Plan – Lot 3 on RP194670, 28 Michigan Drive, Oxenford” dated 7 January 2016 and all prepared by DNBS Consulting Engineers, are approved subject to implementation of the following requirements: i The applicant shall ensure that no (minor) runoff

from the hardstand area will leave untreated and all runoff from the site will discharge towards the stormwater devices and then to the lawful point of discharge by gravity.

ii The applicant shall ensure that the bio-retention basin and the associated outlet/erosion protection works are entirely located within their site.

b All hydraulic and stormwater related works must be carried out and completed by the applicant in accordance with the above mentioned stormwater management plan.


Timing At all times

25 Maintenance of stormwater management devices and infrastructures a The body corporate and/or legal authority of the

development shall be responsible for monitoring and maintaining the stormwater management device/s during both construction and operational phases at no cost to the Council.

b A stormwater quality improvement device (SQID) maintenance management plan must be included in the Body Corporate by-laws or Community Management Plan. The SQID maintenance management plan must be: i Prepared by a Registered Professional Engineer

Queensland (RPEQ) specialising in stormwater; and

ii Developed in accordance with Council's Water Sensitive Urban Design Guidelines (2007).



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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 26 Certification that stormwater management treatment

train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the use.




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







ACOUSTICS

28 Acoustic design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics P/L dated 25/11/15 (Reference No. 15187 report). Any alteration to the design or construction of the development that prevents the recommendations of the



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approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

29 Compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to occupation

30 Acoustic barrier A two (2) metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in Sketch 1 of the acoustic report prepared by CRG Acoustics P/L dated 25/11/15 (Reference No. 15187 report).


31 Hours of operation a Checking-in and checking-out is to only occur between

the hours of 6:00am to10:00pm. b The pool outdoor recreation area activity is permitted to

be undertaken between the hours of 7:00am to 10:00pm only.

Timing At all times

WASTE

32 Delivery and waste collection hours Delivery and waste collection activities must be conducted between the hours of 7am to 6pm only.

Timing At all times

33 Wheelie bins - external common wheelie bin storage point/s The common wheelie bin storage point/s must be located in accordance with The Site Plan prepared by Boris Design dated 1/10/15 (Reference No. TP01). The design and construction of the storage point/s must comply with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Minimum area of 1m2 per wheelie bin b Sufficiently screened from passing vehicle and

pedestrian traffic external to the site or inhabitants of neighbouring properties.

c Constructed hardstand area with a solid concrete base or acceptable equivalent

d Store no more than ten (10) general bins and ten (10) recyclable bins

e Signed, well lit, and easily accessible from within the development



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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 CONSTRUCTION MANAGEMENT












protection of Council assets will be well managed. d Should the development be under construction during

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

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

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




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g Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

h Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.





AMENITY





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



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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 40 No nuisance from lighting

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


41 Signage Any signage related to this use must be of a design that is sensitive to the residential amenity and character of the area through its size and design and is not to be illuminated outside the hours of 6:00am to 10:00pm.





43 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Assessable Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved bushfire management plan. c Plans clearly identifying which vegetation is proposed


d A letter from an EPA-approved spotter-catcher together with any necessary fauna management plan or a QPWS-endorsed fauna translocation management plan.

e A basic vegetation management plan. f A sediment and erosion control and construction

management plan. For this condition ‘Assessable Vegetation’ is defined as vegetation that is: • greater than four metres in height; • equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.4 metres above average ground level irrespective of the zone;

• remnant vegetation and its native under-storey as identified on the Vegetation Management Overlay Map; or



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• disturbed/re-growth/wetland vegetation and its native under-storey as identified on the Vegetation Management Overlay Map.






Landscape Intent, being plan no Mis–Oxe-P1, title LANDSCAPE DESIGN PLAN, date 12-11-2015, prepared by GROTEC Pty Ltd;



v Demonstrate compliance with the following: A Tree species must be evergreen canopy

trees with a minimum bag size of 100 litre at the time of planting;

B Include additional feature trees within the frontages to California Drive and Michigan Drive;

C The two Plumera obtuse along Western boundary within the pool grassed area must be replaced with an appropriate tree species as conditioned above;

D All existing Syagrus romanzoffiana Cocos or Queen palm must be removed and replaced with an appropriate tree species as conditioned above;

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

F Feature shrub species must be a minimum 300mm pot size at the time of planting;

G Unless otherwise specified, shrub species must be a minimum 200mm pot size at the time of planting

H All proposed Bambusa multiplex Bamboo must be replaced with an appropriate



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screening shrub/tree species capable of attaining 5 metres at full maturity e.g. Syzygium; and

I The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines.

45 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The fence is not forward of the building line; or b The fence is set back a minimum 600mm within the site

boundary and screen shrub plantings are incorporated between the fence and the boundary; or

c The fence includes articulations measuring minimum 600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations; or

d The fence is of pool type or similar and screen shrub plantings are included immediately internal to the fence to provide privacy.









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47 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a Be accompanied by a hydraulic design for all water

services within the property; and b Comply with City Plan Policy – Land Development



SEWERAGE

48 Sewer reticulation a The re-development must be connected to Council’s

sewer reticulation system at no cost to Council. b The size of the sewer property service connection shall

be a minimum 150mm, unless it can be demonstrated to Gold Coast Water that the existing 100mm property connection is: i suitably located, ii meets hydraulic capacity, and iii in sound conditions assessed by closed-circuit

television (CCTV), material and age. c in accordance with Section 4.5.4 of the SEQ Sewerage

Design & Construction Code (SEQ D&C Code).


49 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant



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must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

50 Connection point The existing sewer manhole in California Drive, located near the southern corner of the development site, must be used as the connection point, unless otherwise approved by Gold Coast Water. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).


51 Connection and disconnection – arrangements with Gold Coast Water Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).


52 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.

Timing Prior to the earlier of commencement of the use of the premises.


53 Water supply reticulation (potable only) a The re-development must be connected to Council’s






55 Connection point The existing 100mm main in Michigan Drive must be used as the potable water supply connection point unless otherwise approved by Gold Coast Water. This condition is imposed in accordance with section 665 of



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the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

56 Installation of property service, water meter box and meters The applicant must: a Submit an Operational Works (OPW) application, for

Council’s approval, for water meters 100mm and above.

b Make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation should the development require an upgraded service arrangement. i The property service, water meter box and water

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

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicants cost. Removal must comply with Gold Coast Waters Network Development and Connections Policy and Procedure.


57 Connection and disconnection – arrangements with Gold Coast Water Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


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


59 Fire loading Fire loading must not exceed 15L/s for 2 hours duration unless otherwise approved by Gold Coast Water.



B Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.


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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 C Rights of appeal

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








E Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:


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

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


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ITEM 5 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A MOTEL AND A CARETAKER’S RESIDENCE - LOT 3 ON RP194670 - 28 MICHIGAN DRIVE, OXENFORD - DIVISION 2 PN147670/01/DA1 A division was called For: Cr C M Caldwell, Cr G Baildon, Cr P A Taylor, Cr G O'Neill Against: Cr P J Young, Cr W M A Owen-Jones, Cr H Vorster Absent: Cr D Gates Abstained: CARRIED CHANGED AT COUNCIL 24 MAY 2016 RESOLUTION G16.0524.020 moved Cr C Caldwell seconded Cr D McDonald That Committee Recommendation CP16.0520.005 be adopted as printed with changes to Conditions 30 and 31 such that these conditions read as follows: Condition 30 Acoustic Barrier A two (2) metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in sketch 1 of the acoustic report prepared by CRG Acoustics P/L dated 25/11/2015 (Reference No: 15187 Report) and along the perimeter of the site adjacent to residential development. Condition 31 Hours of Operation a Checking-in and checking-out is to only occur between the hours of 6:00am to

10:00pm. b The pool outdoor recreation area activity is permitted to be undertaken between

the hours of 7.00am to 8.00pm only.

CARRIED


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ADDRESS

PROJECT

PROJECT No.

REV

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FIGURED DIMENSIONS TO BE TAKEN IN PREFERENCE TO SCALED READINGS. VERIFY ALL DIMENSIONS ON SITE.

SCALE:

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QBCC Licence Number-1137832Boris Mob. - 0421 896 541Website Address - www.borisdesign.com.auEmail Address - [email protected]

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SITE PLAN2015/17

CONV.OF EXISTING HOUSE INTO SHORT TERM HOLIDAY ACCOMMODATION

KING OF SMILES PTY LTD

28 MICHIGAN DRIVE, OXENFORDTP01

REV.REV.REV.REV. DESCRIPTIONDESCRIPTIONDESCRIPTIONDESCRIPTION DATEDATEDATEDATE ISSUED BYISSUED BYISSUED BYISSUED BY

A INITIAL ISSUE 01/10/15 BORIS

B RESPONSE TO INFO REQUEST 07/01/16 BORIS

SCALE:1 : 150TP04

Proposed Site Plan1

North

DATA:

LOT 3 RP194670SITE AREA - 1957m2SITE COVER - 423m2 / 21.6%REQUIRED CARSPACES - 11+SRVPROVIDED CARSPACES - 11+SRVEXISTING GFA - 513m2PROPOSED GFA - 536.5m2


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ROOM 4ROOM 6ROOM 8

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REV.REV.REV.REV. DESCRIPTIONDESCRIPTIONDESCRIPTIONDESCRIPTION DATEDATEDATEDATE ISSUED BYISSUED BYISSUED BYISSUED BYA INITIAL ISSUE 01/10/15 BORIS

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GROUND FLOOR GFA CALCULATIONS:

ROOMS - 210m2COMMON AREAS - 218m2TOTAL GFA - 428m2


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FIRST FLOOR GFA CALCULATIONS:

GFA - 92m2BALCONY - 16.5m2TOTAL GFA - 108.5m2


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REPAINTED EXISTING ROOF RILES

RENDERED&PAINTED EXISTING MASONRY

FEATURE STONE CLADDING

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COLOURS&MATERIALS SCHEDULE:

PROPOSED WALL COLOUR(WHOLE WALLS TO BE RENDERED&REPAINTED)

PROPOSED WINDOW TRIM COLOUR

PROPOSED STACK STONE CLADDING

PROPOSED PAINTFOR EXISTING ROOF TILES(ALL ROOF TO BE REPAINTED)

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Infrastructure Charge Notice To: DR T. BAKARE

C/- PMHPLANNING PO BOX 4527 ELANORA QLD 4221

Cc: TONY MUFUTAU O BAKARE

36 REGENCY PLACE MUDGEERABA QLD 4213

Land to which charges apply

The land to which the charges in this notice apply is.

Property description LOT3 RP194670 Property address 28 MICHIGAN DRIVE OXENFORD

Total levied charge payable $ 82,000.00

+ADJUSTMENTS AND/OR REVIEWS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.

Payment details

Payment of the levied charges must be made to. Council of the City of Gold Coast

Payment can be made at any of Council of the City of Gold Coast (Council) customer service centres or by cheque to.

PO Box 5042, Gold Coast MC, Qld 9729

Please note that payment by credit card is not accepted.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and

(b) The increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average.

‘3-yearly PPI index average’ and ‘PPI index’ have the meanings given in the Sustainable Planning Act 2009. As the levied charge amount is current at the date of issue, the total charges due at the date of payment may be greater.


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Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of Council’s Local Government Infrastructure Plan (LGIP). If applicable, details of the offset amounts will be quantified on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.

Authority for charge

The charges in this notice are payable in accordance with the Sustainable Planning Act 2009.

GST The Federal Government has determined that contributions made by developers to Government for infrastructure and services under the Sustainable Planning Act 2009 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].


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Infrastructure Charge Notice

Tuesday, 12 April 2016 Application PN147670/01/DA1 Site address 28 MICHIGAN DRIVE, OXENFORD Application number & code 201501683 MCU Application description CARETAKERS & MOTEL X 9 ROOMS Officer name Tarryn Dreyer

Charge calculation



Apartment (1 Bedroom) 1 Dwellings @ $ 20,000.00 $ 20,000.00 Short Term Accommodation (1 Bedroom)

9 Dwellings @ $ 10,000.00 $ 90,000.00

$ 110,000.00


$ 110,000.00 $ 28,000.00 $ 82,000.00

Office Use Only $ 45,510.00 OTHINF $ 27,552.00 SEWINF $ 8,938.00 WTRINF

$ 82,000.00


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INFORMATION NOTICE

DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Council of the City of Gold Coast has issued this Infrastructure Charges Notice as a result of the additional demand placed upon trunk infrastructure that will be generated by the development.

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to

give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;

(b) the decision involved an error relating to-


(c) there was no decision about an offset or refund; (d) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.








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SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS TO A BUILDING AND DEVELOPMENT COMMITTEE FOR INFRASTRUCTURE CHARGES NOTICE

535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development

committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the decision involved an error relating to-


(b) there was no decision about an offset or refund; (c) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.








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How to pay methods

Pay by mail

Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address: Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person

Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $10,000 using credit card) Payments by credit card will incur a 0.60% surcharge. Customer Service Centres Monday to Friday 8.15am to 4.30pm Broadbeach 61 Sunshine Boulevard, Mermaid Waters Bundall 8 Karp Court, Bundall Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale Nerang 833 Southport Nerang Road, Nerang Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222 (7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre Open hours; cityofgoldcoast.com.au

cityofgoldcoast.com.au


406 Adopted Report

of the city planning committee meeting...adopted by council 24 may 2016 resolution g16.0524.021...

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