schedule g - definitions - home - gladstone … g - definitions g1 for the purposes of this...

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -15/11/2011

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SCHEDULE G - DEFINITIONS G1 For the purposes of this development approval the following definitions apply:

(a) "L(Amax adj, T)" means the average maximum A- weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response

(b) "commercial place" means a place used as an office or for business or

commercial purposes.

(c) "noise sensitive place" means - a) a dwelling, mobile home or caravan park, residential marina or other

residential premises; or b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens.

G2 For the purposes of this development approval any term not otherwise defined

in the Environmental Protection Act 1994, and the Sustainable Planning Act 2009 and any subordinate legislation made pursuant to these Acts or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage.

END OF SCHEDULE G

END OF CONDITIONS

Advice to Applicant

An adopted infrastructure charge notice in relation to the infrastructure charges applicable to this development has been provided separately.

Attachments: 1. Nil Tabled Items: 1. Nil Report Prepared by: Planning Officer <<Insert Link Here>>


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G/5.4.2 DEVELOPMENT APPLICATION DA/337/2011 - MATERIAL

CHANGE OF USE OF PREMISES - MULTIPLE UNIT RESIDENTIAL (18 UNITS) - 8 SCENERY STREET, WEST GLADSTONE

Responsible Officer: Acting Chief Planner Council Meeting Date: 15 November 2011 Development Application:

Application Number: DA/337/2011

Applicant: Local Focus Design

Owner: Brian Sickens

Date Of Receipt: 25 May 2011

Location: 8 Scenery Street, West Gladstone

RPD: Lot 3 on RP885342

Area: 1,654m²

Current Use Of Land: Vacant

Zoning: Residential (Higher Density)

Proposal: Multiple Unit Residential (18 Units)

Submissions Close Date: 15 September 2011

Number Of Submissions: 1 ‘properly made’ submission

Executive Summary: A development application has been received for a Material Change of Use of Premises – Multiple Unit Residential (18 Units) at 8 Scenery Street, West Gladstone. Public notification was required as part of the assessment, during which time 1 properly made submission was received. The development will result in a higher density residential development located on conveniently located land close to shops, essential services and recreational facilities. The development is considered to comply with the Overall Outcomes of the Suburban Locality and complies with the site specific assessment criteria of the Planning Scheme. The proposal demonstrates considerable merit and complies with the strategic and sustainable objectives for the locality, and is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 8 Scenery Street, West Gladstone and is zoned Residential (Higher Density) within the Suburban Locality. The subject site is 1,654m² in size, is of an irregular shape and has a 40 metre frontage to Scenery Street within an established residential area of West Gladstone. The topography of the land involves a gentle downward slope from the Scenery Street frontage to the rear of the property. The site is bounded to the north by the Sanctuary Cove Motel and by single detached dwellings to the south and east. To the west of the site across Scenery Street are several multiple unit developments and a number of other approvals for Multiple Unit Residential Developments.


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The site is located approximately 500 metres from the commercial area of Goondoon Street, approximately 200 metres from the Hanson Road Precinct and approximately 50 metres from Memorial Park containing various sporting clubs as well as large open space recreation areas. Figures 1 and 2 below demonstrate the location of the subject site and its current form.

Figure 1: Location of Subject Site

Figure 2: The Subject site from Scenery Street


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Background: The application was lodged on 25 May 2011 and as such the application was lodged after the commencement of the current Planning Scheme for Gladstone – The Gladstone Plan and being within the Residential (Higher Density) Zone of the Suburban Locality, the application requires Impact Assessment. Originally the application was lodged for a Material Change of Use of Premises for 21 Multiple Residential Units. However, the application did not comply with the Planning Scheme, specifically density and private and communal open space. Through negotiation between Council officers and the applicant the proposal was amended to reduce the density over the site to a total of 18 units and to comply with the required landscaping and private and communal open space. Proposal: The proposal is for Multiple Unit Residential (18 units) comprised of a single 3 storey building. The building contains 6 units at ground level, 4 units on the first and second floors and 3 units on the third floor. The units accommodate the following:

Bedroom x 2 (including master bedroom with ensuite); Private Courtyard; Kitchen; and Bathroom.

All units will also share a communal laundry located in the basement of the building as well as share large communal bins. The following images demonstrate the proposal.

Figure 3: Site Plan


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Figure 4: Basement Floor Plan

Figure 5: Ground Floor Plan


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Figure 6: Southwest Elevations

Figure 7: Northeast Elevations 1


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Figure 8 – Northeast Elevations 2 The overall development of the site proposes a total 653.1m² site cover which equates to 39.58%. The building is setback 6 metres from all boundaries including side, rear and front boundaries and has an articulated built form utilising a mixture of external finishes for variation. The building will have a maximum height of 12 metres above the natural ground level. Access to the site is proposed via Scenery Street with a single access/egress driveway. All car parking is contained at basement level and is made up of 18 resident spaces, 2 wash down areas, and 10 visitor spaces. Residents and visitors then access the upper residential levels via an entrance lobby and elevator on the ground and basement level. The development also incorporates two large communal open space areas. The first communal open space area contains the clothes drying area and is 193m² in area. The second area is located at the end of the driveway and contains a large open space with a communal barbeque shelter and is 363m² in area. Both sites are easily accessible by all residents of the complex. Each unit also has a balcony or private courtyard ranging from 12.24m² to 77.4m². The landscaping intent proposes the use of landscaping to the side and rear boundaries as well as screening plants along the Scenery Street frontage. Referral: The application required referral to the Department of Environment and Resource Management as an Advice Agency as the development involves land in an Acid Sulfate Soils area and involves the excavation/filling of more than 1,000m² of soil. On 7 July 2011 the Department provided their Referral Agency Response. The response stated that the State Planning Policy 2/02 Planning and Managing


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Development involving Acid Sulfate Soils and its associated guideline were relevant to this application. It was further advised that the application meets the requirements of SPP 2/02 and based on the assessment DERM has no recommendations relating to the application. This response has been included as an attachment to this report. Public Notification: The proposal is Impact Assessable and therefore required public notification in accordance with the Sustainable Planning Act 2009. The public notification was conducted by Council on behalf of the applicant and commenced on 29 August 2011 and was completed on 15 September 2011. One ‘properly made’ submission was received during this period from an adjoining owner. A copy of this submission has been included as an attachment and is discussed further in this report. Once the public notification was completed the applicant was sent correspondence notifying that further to the information request the application would not be supported in its current form, specifically due to non-compliance with density and private and recreation space. Further to this correspondence the applicant responded by reducing the density and complying with all landscaping and spaces requirements. This change resulted in the application complying with all parts of the Planning Scheme with the exception of density. Assessment: Strategic Planning: The subject site is located within the Residential (Higher Density) Zone of the Northern Precinct in the Suburban Locality. The primary focus for this zone and locality is to support the CBD of Gladstone by encouraging higher density residential living within the Residential (Higher Density) Zone. Overall Outcomes sought for the Northern Precinct are to support residential development and create an integrated mix of residential accommodation, including high density living. The proposed higher density residential use is considered to comply with these outcomes as the development will support the role of the nearby CBD as well as develop the land in the Residential (Higher Density) Zone for Multiple Unit Residential use. As previously mentioned, the surrounding area contains recently approved and submitted multiple residential unit developments. The following table and image demonstrates the location of such developments.

Address Application Proposed Status 2 View Street DA/364/2011 Multiple Unit Residential (6 Units) Under

Assessment

5 Ormonde Street

DA/419/2011 Multiple Unit Residential (5 Units) Under Assessment

5 – 9 View Street

DA/336/2011 Multiple Unit Residential (24 units) Approved

4 View Street DA/10780/2008 Multiple Unit Residential (4 Units) Approved


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The following image shows the abovementioned applications as well as already established multiple unit residential developments.

Figure 9 – Recently Approved, Submitted and Established Multiple Unit Residential developments in the surrounding area It should be noted that the subject site lies within the urban designation of the Gladstone Strategic Framework which seeks to maximise the benefits of existing urban facilities and infrastructure by maintaining and consolidating development within the existing urban areas. It is therefore considered that the proposed development is compatible and is considered to be of benefit to both the locality and the city as a whole. Submissions:


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During the public notification period, the application received 1 ‘properly made’ submission that raised concerns regarding the proposed development. The submission outlined the following concerns:

Concern about the distance that the proposed stormwater and sewerage drains that are going to be running close to 19 Side Street and how this would effect the use and price of this land for future development.

It is noted that it is standard practice for sewer mains to be located on road reserve and beneath footpaths where possible. There is no indication that the location of the sewer main will effect the use or price of adjoining properties. Planning Scheme Requirements: The subject site is located within the Residential (Higher Density) Zone of the Suburban Locality. In accordance with The Gladstone Plan the proposed development required Impact Assessment against the following codes:

Suburban Locality Code; Residential Code; Environment and infrastructure Code; Operational Works Code; and Acid Sulfate Soils Overlay Code;

Assessment against the provisions of the relevant Codes have been undertaken, and for the most part where applicable, the proposal is considered to comply with these requirements. Under the Suburban Locality Zone within the Northern Precinct, development standards state that the residential density permitted is 1 unit per 100m² site area, a 40% site cover and a 12 metre maximum building height. It is also important to note that the original application was for 21 residential units and did not provide sufficient landscaping and open space. The original application had a site density of 1 unit/78.75m², significantly denser than what the Scheme provides for. Accordingly, the amended development is comprised of 18 Units within a single building which represents a density of 1 unit per 91.88m². It is important to note that an application over the site for 16 units would comply with the density requirements. However, the further removal of units to comply would not change the current form of the building including the height, setbacks or building footprint. While it is noted that the density still exceeds that prescribed within the Planning Scheme, it is considered that a relaxation in density be allowed. It is considered that the application directly complies with the intent of the Northern Precinct as the application provides a high standard of living designed to ensure a high level of amenity. It is not considered that a reduction of the density to a level that complies with the Planning Scheme would result in a significantly different or improved development. Through the proposed increase the site is able to provide essential residential supply. A relaxation is also considered appropriate as the proposal complies with all other aspects of the Planning Scheme. The Residential Code states 50m² per unit must be provided as landscape and recreation space, with at least 50% of the total landscape and recreation space to be provided in one useable area. This results in a total of 900m² of landscape and recreation space to be provided overall with 450m² (50%) designated in one useable area. Accordingly the development provides a total of 556m² of communal open space and landscaping and a total of 407.3m² of private open space. As such, the


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development provides a total of 963.3m² of landscape and recreation space, exceeding the required 900m². The original application required a total of 1,050m² of landscape and recreation space, with 525m² communal open space and 525m² of private open space and landscaping required. Accordingly, the application only proposed 236.4m² of communal open space with 695.9m² total for landscaping and open space, well short of the requirements within the Planning Scheme. Following discussions with the applicant they have removed 3 units which has reduced the number of required car parks. The applicant was then able to comply with the required landscape and open space requirements. The Residential Code states that residential buildings are setback from the side and rear boundaries, the greater of:

At least half the height of the building above natural ground level (6 metre setback); or

3 metres from the side boundary and 6 metres from the rear boundary. Accordingly, the building has been setback 6 metres from all boundaries and as such complies with the requirements of the Planning Scheme. Under the Residential Code, Specific Outcome 2 for Building Envelope, Siting and Design requires that the building design maintains the character of the locality in terms of building bulk. The building is setback 6 metres from all boundaries and therefore maintains privacy, sunlight and breezes to all adjoining properties. The building has a skillion roof with a 5 degree pitch and is noticeable when viewed from adjoining side boundary properties. The roof line has been broken up using indentations which gives the building aesthetic appeal when viewed from the side and rear boundaries. However, when viewed from the front boundary the roof appears to be flat and boxed. It has been recommended as a condition that the roof design be amended to increase the roof pitch towards the front boundary to vary the form of the roofline to create an aesthetically pleasing development when views from Scenery Street. The Environment and Infrastructure Code sets out the specific criteria and requirements for connections to services. The following figure demonstrates the connections for the subject site.


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Figure 11 – The subject site and sewer main (in red), water main (in blue) and stormwater (in purple) The information request sent to the applicant requested that the applicant provide advice on the feasibility of obtaining an easement through downstream properties to cater for an underground stormwater pipe, and demonstrate that the total site can be sewered. According the applicant engaged Opus consultants to better respond to the request. The response from Opus states than an agreement has been established with the owner of the adjacent property to the north to have a 2.85 metre wide stormwater easement though their property to connect the stormwater from the site into an existing gully pit in Side Street. Opus also stated that the sanitary drainage from the site will be connected to an existing 150mm diameter sewer that runs along the southern boundary of the site. Calculations undertaken demonstrate that the total site can be sewered. Accordingly, the applicant has responded appropriately to the information request and appropriate conditions to this extent have been included in the conditions to this report. It is also considered that the Opus report addresses the concerns raised in the submission received. The application for Multiple Unit Residential (18 Units) at 8 Scenery Street, West Gladstone is considered to comply with the requirements and intent of the Planning Scheme as a whole and is therefore recommended for approval subject to reasonable and relevant conditions.


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Officer's Recommendation: That the application for a Material Change of Use of Premises for Multiple Unit Residential (18 Units) at 8 Scenery Street, West Gladstone be approved, subject to the following conditions:

1. Development is to be carried out in accordance with the submitted application including the following plans and supporting documentation:

Plan Name Plan Number Drawn By Date Site Plan Sheet 01 issue C Local Focus Design 26 October

2011 Basement Plan Sheet 02 issue A Local Focus Design 20 October

2011 Ground Floor Plan Sheet 03 issue B Local Focus Design 26 October

2011 First and Second Floor Plans

Sheet 04 issue B Local Focus Design 26 October 2011

Elevations 1 Sheet 05 issue b Local Focus Design 26 October 2011

Elevations 2 Sheet 06 issue B Local Focus Design 26 October 2011

Elevations 3 Sheet 07 issue B Local Focus Design 26 October 2011

except where amendments are required to satisfy the conditions of approval, including: An amended roof design increasing the roof pitch towards the front

boundary to articulate and vary the roofline when viewed from Scenery Street to be submitted to Council for approval prior to the issue of a Development Permit for Building Works. The amended roof design must not exceed the maximum height limit of 12 metres, and must not cast shadows over greater than 30% to any adjoining residential lot between the hours of 9:00am and 3:00pm on 22 June.

Operational Works

2. A Development Permit for Operational Works must be obtained from Council prior to the commencement of construction. The Development Application for Operational Works is to include the following:

transportation (including driveway crossover); stormwater management; water supply; and landscaping

3. The design and supporting calculations / documentation associated with these

works must be certified by a Registered Professional Engineer of Queensland (RPEQ).

4. Operational works shall be designed and constructed in accordance with

Council's relevant standards at the time of lodgement of an application for an


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Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

Roads and Transport Standard 2005 (Joint CSC and GCC) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) Water Supply Standard 2006 (Joint CSC and GCC) Sewerage Design Standard 2003 (Joint CSC and GCC)

5. The operational works drawings shall contain adequate information to position

each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.

6. The Operational Works are to be executed under the supervision of a RPEQ.

The applicant / developer must give to the Council, construction certificates from such supervising engineer, that the work has been constructed in accordance with the Operational Works Permit and good engineering practice, together with relevant quality assurance, operation and maintenance, and “as constructed” documentation. This includes provision of a CCTV report on all sewer mains installed as part of the development.

7. The “as constructed” drawings and associated electronic documentation are to

be certified by the supervising engineer and by a registered surveyor stating that the as constructed information shown on the “as constructed” drawings represent a complete and accurate record of the works as executed. Council reserves the right to utilise for its own purposes and the sale of information provided within the “as constructed” drawings provided by the applicant / developer.

8. Any alterations to, extension of, or upgrading of Council assets / infrastructure

or other service authorities’ infrastructure necessitated by this MCU proposal (including earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.) is the responsibility of the applicant / developer.

Landscaping

9. A landscape plan is to be submitted as part of the Development Application for Operational Works. The landscaping of the site shall incorporate:

a. All areas of landscaping as shown on the Site Plan; b. Additional landscaping along the eastern boundary; and c. The landscaping provided shall be in accordance with Council's preferred

landscape plant list.

The landscaping plan shall contain the following information:

d. Outline of the buildings; e. Existing trees (height location); f. Trees to be removed; g. Proposed planting (quantity, species and expected mature height); h. Paths and paving (location and materials); and


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i. The method of planting and the proposed maintenance program.

10. All landscaping referred to in Condition 9 above is to be maintained to an appropriate standard at all times.

11. Nominated communal open space areas are permanently accessible to all

residents of the development and may not be allocated to any particular units or units for exclusive use and/or access.

Transportation

12. Provision of a 1.5 metre wide concrete footpath for the full extent of the Scenery Street frontage of the site. The applicant is required to obtain an approval as part of an application to Council for Operational Works.

13. Provision of 30 car parking spaces on site including 18 covered unit spaces, 10

covered visitor spaces and 2 car wash bays. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14, Schedule 2, Division 4 of the Planning Scheme and AS2890.1.

14. The proposed access driveways are to be constructed in accordance with

Figure D – Standard Non Residential Vehicle Crossings Council’s Roads and Transport Standard 2005 (joint CSC and GCC).

15. Removal of any existing unused invert crossings, with reinstatement of the kerb

and channel to match existing construction.

16. Any manholes located on the proposed driveway are to be covered with Class D Covers to AS 3996, and are to be maintained at finished surface levels and remain accessible at all times.

Earthworks 17. Any filling carried out on site is to be in accordance with AS3798-1996 and shall

be certified by a suitable qualified person as being carried out in accordance with the standards and specification. The certification shall indicate level of testing responsibility that has been used i.e. Level 1 or Level 2.

18. The subject site is identified as an area located between 5m AHD and 20m

AHD on the Acid Sulfate Soils Overlay Plan 1. Where excavation or filling is to be undertaken in areas of acid sulfate soils, a comprehensive approach to acid sulfate soil management is undertaken to:

(i) maintain the water quality and ecological health of the receiving

environment; (ii) avoid adverse effects on environmentally sensitive areas; and (iii) avoid accelerated corrosion of assets such as buildings, structures,

roads and other infrastructure.

One way of achieving compliance with the condition is as follows: (i) no acid sulfate soil will be disturbed ; or (ii) less than 100m3 of acid sulfate soil with either >0.7% peroxide

oxidisable sulphur or > 400 moles H+/tonne TPA or TAA will be


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disturbed.

A report demonstrating compliance with the requirements for the management of acid sulfate soils as detailed above shall be submitted to Council as part of the Development Application for Operational Works.

19. Appropriate erosion and sediment control measures are to be implemented

during any operational works or building works carried out in association with the development.

Sewerage Infrastructure

20. The sanitary drainage within the site shall drain to a single connection point (1050mm diameter concrete maintenance hole) within the property. The maintenance hole is to be connected to Council’s municipal sewer main via a single house drain connection only.

21. The location of the proposed buildings shall comply with Council Policy 19.7 -

Revision 1 - Building Adjacent to and Over Sewers, Stormwater and Water Assets.

Water Infrastructure

22. A water service connection is to be provided from the water main in Scenery Street to the front property boundary of the development. The location and size of the water service in relation the common side boundaries is to be determined in consultation with Council’s Water and Sewerage Department.

23. Connections to Councils live water reticulation network and the installation of

water meters to service the development must be carried out by Councils Water and Sewerage Department. The cost of these works is to be borne by the applicant.

24. Each dwelling unit is to be sub-metered in accordance with the requirements of

the Queensland Development Code. Sub-meters must be purchased from Council.

25. Individual water meters (sub-metering) shall be provided for each unit in

accordance with the Water and Other Legislation Amendment Act 2007. 26. Any strata titling of the development will require certification from a Hydraulic

Engineer that the metering of water for the development complies with the Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.

Stormwater Management

27. The design of the operational works is to comply with the following stormwater management (quantity) criteria:

a. The proposed stormwater infrastructure must adequately drain the site and

must cater for stormwater flows through the site (from upstream catchments) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.


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b. The stormwater drainage system is to be designed to cater for a 1 in 10

year ARI minor storm event and a 1 in 100 year ARI major storm event. A site based stormwater management report is to be submitted as part

of the operational works application for stormwater management and must demonstrate there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site for all design storm events up to and including a storm event with an average recurrence interval of 1 in 100 years.

28. The design of the operational works is to comply with the following stormwater

management (quality) criteria: Water Sensitive Urban Design (WSUD) measures must be implemented to achieve the pollutant load reductions listed below. The proposed treatment train shall be modelled using “MUSIC” (Model for Urban Stormwater Improvement Conceptualisation) developed by the eWater cooperative research centre (eWater CRC). The water quality objectives in terms of the minimum percentage reduction in mean annual pollutant loads from the unmitigated development are as follows: Total Suspended Solids (TSS) 85% reduction Total Phosphorus (TP) 70% reduction Total Nitrogen (TN) 45% reduction Gross Pollutants (> 5mm) 90% reduction

Alternatively, the applicant may enter into an infrastructure agreement with Council generally in accordance with the following:

The applicant is to provide partial on-site treatment to minimise the quantity of suspended solids leaving the site via the re-use of roof-water, the construction of landscaped (pervious) areas and the use of filter baskets (Stormwater 360 Enviropods or similar) in inlet pits in impervious areas for sediment control purposes and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional stormwater treatment (nutrient removal) measures external to the site.

Building Works

29. A Development Permit for Building and Plumbing Works is to be obtained in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. This includes appropriate access and facilities for the disabled and compliance with the relevant fire classification requirements in accordance with the Building Code of Australia.

30. The floor material and thickness to all floors above car parking areas is such

that internal residential sleep disturbance noise levels are not exceeded. 31. Details of the proposed colour scheme, materials and finishes for all external

areas of the building are to be submitted to Council for approval prior to the issue of a Development Permit for Building Works.


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32. Appropriate erosion and sedimentation control measures are to be utilised during any Building Works carried out as a result of the development.

33. Provision of an 1800 mm high screen fence to side and rear boundaries, other

than that section forward of the building line which shall be no greater than 1.2 metres in height, the details of which are to be submitted with any building works application on the site.

34. Building Works application shall detail the proposed location of water tanks as

required by Part 25 of the Queensland Development Code. 35. Prior to building work proceeding beyond the ground floor level, certification is

to be received from a qualified surveyor that the ground floor level is in accordance with the approved plans; prior to building work proceeding beyond the first floor level, certification is to be received from a qualified surveyor that the first floor level is in accordance with the approved plans; and prior to building work being certified for completion, certification is to be received from a qualified surveyor that the finished roof height does not exceed 12 metres above natural ground level.

36. All plant and equipment (including air conditioners, exhaust fans, fire cabinets

and the like) are to be housed, screened and located so that these do not cause environmental nuisance or harm to residential uses in the surrounding area. Additionally, the roof form is to be shaped to cap the building and to screen roof plant and other equipment when viewed from public spaces or adjoining properties.

37. Privacy screening on balconies as shown on the submitted elevations of the

approved plans, 'Elevations - Sheet 1 & 2' numbered 3058_DA-010_P1 & 3058_DA-011_P1 shall be erected and permanently fixed prior to the commencement of the use. The privacy screens shall allow no more than 25% visual permeability.

38. Open storage areas shall be adequately screened so as not to detract from the

visual amenity of the area. One way of achieving compliance with this condition is as follows:

Outdoor storage areas are situated in locations not visible from the street; A 1.8m solid screen fence is located around storage areas.

39. Provision is to be made for an allocated waste reciprocal area/s adequate to

service the development. The waste reciprocal area must comply with the following where applicable:

a) Mobile Wheelie Bins Provision of an allocated waste reciprocal area/s adequate to store the

mobile wheelie-bins for all units. The standing room for the wheelie-bin is to allow for two (2) 240 litre mobile garbage bins per unit; or

b) Bulk Bins Provision is to be made for an allocated waste reciprocal area/s

adequate to store the bulk bins to service all units. This bin area shall be of sufficient size to cater for the number of proposed units and is to include impervious paving, suitable drainage, and shall be contained in a suitable form of enclosure.


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Provision of a site plan with turning circles demonstrating that sufficient manoeuvrability area is provided to allow for a refuse collection vehicle to access the designated refuse bin area and enter and exit the site in a forward direction.

Applicant / developer is required to demonstrate that the internal road is designed to cater for a fully loaded refuse vehicle to service the bulk bin. Written indemnification is required by Council to cover access to the site by its refuse collection contractor.

Details of the proposed bulk bin service area to be submitted to Council for approval from Council's Environmental Health and Compliance Department prior to the issue of a Development Permit for Building Works.

40. The Preliminary Stormwater Plan prepared by Opus (Drawing No. SW01 – RO)

depicts a stormwater line through Lot 1 SP200911 which is an essential element in achieving a legal point of discharge. Before an approval is given for Operational Works, Building or Plumbing Works, the applicant is to provide Council with a written agreement (in the form of a Deed of Agreement) between the applicant and the legal owner of Lot 1 SP200911 stating clearly that the owner of Lot 1 SP200911 agrees to the construction of a stormwater line through their property and for the placement of an easement over the line.

41. The stormwater line through Lot 1 SP200911 must be constructed and an

easement in favour of Council and at no cost to Council must be created over the stormwater line through Lot 1 SP200911 prior to the occupation or use of the premises.

42. Nominated communal open space areas shall be permanently accessible to all


ENVIRONMENTAL HEALTH SPECIFIC CONDITIONS SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken

to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.

A2 The holder of this development approval must:

(a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things, necessary to ensure

compliance with the conditions of this development approval. A3 Notwithstanding any other condition of this development approval, this

development approval does not authorise any release of contaminants that causes or is likely to cause an environmental nuisance beyond the boundaries of the registered place.

END OF SCHEDULE A

SCHEDULE B - AIR


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B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes

and aerosols must not be released to the environment in a manner that will or may cause environmental harm or environmental nuisance unless such release is authorised.

B2 All lights (signage, security etc) are to be installed and positioned in a manner

that does not create a light nuisance to adjoining properties. Lights must not be angled onto adjoining properties.

END OF SCHEDULE B

SCHEDULE C – WATER / STORMWATER C1 Contaminants must not be directly or indirectly released from the site to which

this development approval applies, to any waters or stormwater. C2 Access to the site shall be restricted to a stabilised construction entrance. The

entrance shall be an appropriate size, with corduroy or metal grid provided to help shake mud from vehicle tyres.

C3 The vehicle wash down area must be impervious, covered, bunded to exclude

any stormwater and drained to either the sewer under the conditions of a trade waste permit or collected for recycling/disposal using a system approved by Council. Where no cover can be provided, the drainage system must be capable of accepting the first 20mm of contaminated stormwater falling within the bunded area and fitted with an automatic stormwater diversion valve.

END OF SCHEDULE C

SCHEDULE D – NOISE D1 The installation and operations of noise generating equipment and vehicles

shall be carried out in a manner to minimise their impacts on neighbouring properties.

D2 The building works must be carried out by such practicable means necessary to

prevent the emission or likelihood of emission of noise that constitutes environmental nuisance.

D3 All noise producing machinery and equipment (including airconditioners,

compressors and cooling systems) are to be fitted with noise attenuation features so that noise at the boundary of the site does not exceed the levels indicated in the table below -

NOISE LIMITS AT A NOISE SENSITIVE PLACE Period Noise Level at a Noise Sensitive Place (ie a residence)

Measured as the Adjusted Maximum Sound Pressure Level (Lamax adj, T)

7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A)


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10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays

END OF SCHEDULE D

SCHEDULE E – WASTE MANAGEMENT E1 Where waste is a contaminant, waste must not be released to the environment

where the release will or may cause environmental harm or environmental nuisance, unless such release is authorised.

E2 The waste storage area/s are to be sufficient in size to house all waste

collection containers including recycling waste containers. E3 Access to the waste storage area must be provided to residents from within the

property boundaries and not solely from Council’s road reserve. E4 The kerbside service point for the waste collection service is to be:

clear of any hindrance to servicing by a lifter arm; and clear of a footpath and a pedestrian access; and not in front of a building entrance; and not blocking the vision of vehicles using the road or entering and exiting the

site.

END OF SCHEDULE E SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to

releases of contaminants from the activity must be recorded and kept in a log book with the following details:


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(i) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant

(note: if the complainant does not wish to be identified then "Not identified" is to be recorded);

(iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of

responsible person.

F2 As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of the registration certificate to which this development approval relates, must notify the administering authority of the release by telephone or facsimile.

F3 The notification of emergencies or incidents as required by condition F2 must

include but not be limited to the following:

(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident; (iii) the name and telephone number of the designated contact person; (iv) the time of the release; (v) the time the holder of the registration certificate became aware of the

release; (vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,

threatened, or suspected to be caused by the release; and (viii) actions taken to prevent further any release and mitigate any

environmental harm and/or environmental nuisance caused by the release.

F4 Not more than 14 days following the initial notification of an emergency or

incident, the holder of the development approval must provide written advice of the information supplied in accordance with condition number F3 in addition to: (i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise

environmental harm and or environmental nuisance; and (iii) the results of any environmental monitoring performed.

END OF SCHEDULE F





(c) "noise sensitive place" means -


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a) a dwelling, mobile home or caravan park, residential marina or other residential premises; or

b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens.



END OF SCHEDULE G

Miscellaneous

43. The site is to be maintained in a clean and orderly state at all times.

44. Any strata titling of the proposed development can only provide for a total of 18 units.

END OF CONDITIONS Advice to Applicant


Attachments:

1. One ‘properly made’ submission; 2. Department of Environment and Resource Management Advice Agency

Response Tabled Items: 1. Nil Report Prepared by: Planning Officer


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CHANGE OF USE OF PREMISES MULTIPLE UNIT RESIDENTIAL (6 UNITS) - 2 VIEW STREET, WEST GLADSTONE



Applicant: Simon MacLeod C/- LG Planning Services

Owner: Simon MacLeod

Date Of Receipt: 4 July 2011

Location: 2 View Street, West Gladstone

RPD: Lot 11 G1435

Area: 1,050m²

Current Use Of Land: Single Detached Dwelling

Zoning: Residential (Higher Density) Zone

Proposal: Material Change of Use - Multiple Unit Residential (6 Units)

Submissions Close Date: 13 October 2011

Number Of Submissions: 1 ‘properly made’ submission

Executive Summary: An Impact Assessable Development Application for a Material Change of Use of Premises for Multiple Unit Residential (6 units) was received by Council on 4 July 2011. The proposal requires Impact Assessment against The Gladstone Plan 2006 and the applicable Public Notification. There was 1 ‘properly made’ submission received by Council during the public notification period which raised concerns regarding height, character, privacy, noise, density, parking and vegetation. The proposal for 6 multiple residential units is considered to comply with the requirements of the Planning Scheme. As such, it is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 2 View Street, West Gladstone and is zoned Residential (Higher Density) within the Suburban Locality. The subject site is 1,050m² in size, is of an irregular shape and is located on a corner lot with a frontage of approximately 40 metres to View Street, approximately 48 metres to Side Street and approximately 12 metres to Ormonde Street. A sewer main traverses the site from View Street to Side Street. The following figures illustrate the zoning, form of the subject site and location of the sewer main.


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Figure 1 – Location and Zoning of Subject Site

Figure 2 – Subject Site Form


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Figure 3 – Sewer Main (in red) traversing through the site The site has a flat topography with some vegetation, comprising of trees and shrubbery throughout the site. The site currently contains a detached dwelling and shed, and the following images demonstrate the corner location of the site and the current dwelling and shed.


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Figure 4 – Current house viewed from Side Street

Figure 5 – Current Shed in proximity to the House viewed from Side Street


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Figure 6 – The Lot from the corner of Side Street and Ormonde Street with View Street in the background. The adjoining site directly to the south was approved for 4 Multiple Residential Units in 2008 and is currently under construction. The property at 5 View Street further south of the development has an approval issued recently by Council for 24 Multiple Residential Units. Furthermore, the surrounding development in the area is comprised mainly of multiple unit residential development with some detached dwellings scattered throughout. Background: The application was received by Council on 29 June 2011 and properly made on 4 July 2011, and was therefore received after the commencement of The Gladstone Plan 2006. Under The Gladstone Plan the proposed DA – Material Change of Use of Premises Multiple Unit Residential (6 Units) within the Residential (Higher Density) Zone required Impact Assessment and appropriate public notification of the proposal. Proposal: The applicant seeks a Development Permit for a Material Change of Use of Premises for Multiple Unit Residential (6 Units) over an existing detached dwelling site at 2 View Street, West Gladstone. The proposal includes the construction of 2 buildings, with the northern building containing 2 units, whilst the southern building contains 4 units. This configuration has been created to leave space clear around the existing sewer main traversing the site. Each Unit will be 3 storeys in height and contain the following: Ground Floor

Single Lockup Garage; Laundry; Toilet; and Patio.


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Second Floor

Dining Room; Family Room; Kitchen; and Balcony.

Third Floor

2 x bedrooms; Bathroom; and Toilet.

All units share a common access point from a driveway off View Street which provides access to 6 enclosed garages and 3 visitor car parks. The proposed site coverage for the development is 280.16m², which equates to 26.8%. The highest point of the proposed buildings is 9.1 metres, which casts a shadow of less than 30% to adjoining residential allotments. The following plans illustrate the overall proposed development, floor plans, landscape plan and elevations.

Figure 7 – Site Plan


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Figure 8 – Landscape Plan

Figure 9– South East and North West Elevation Units 1 - 4


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Figure 10 – All Elevations Units 5 & 6

Figure 11 – North East and South West Elevations Referral:


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The application did not require referral to any agencies in accordance with the Sustainable Planning Act 2009. Public Notification: The proposal is Impact Assessable and therefore required public notification in accordance with the Sustainable Planning Act 2009. The public notification period commenced on 22 September 2011 and was completed on 14 October 2011, with 1 ‘properly made’ submission received, which has been attached and discussed later in the report. Assessment: Strategic Planning: The subject site is located in the Residential (Higher Density) Zone of the Northern Precinct in the Suburban Locality. The Overall Outcomes for the Suburban Locality provides for the provision of a wide range of affordable residential housing types on conveniently located and serviced land. The Overall Outcomes for the Northern Precinct states that in West Gladstone, residential development within the Residential (Higher Density) Zone comprises a mix of residential types at a higher density. Accordingly the proposal is for higher density residential units within the Residential (Higher Density) Zone, thus complying with the Overall Outcomes. Additionally, the subject site is included in the urban designation of the Gladstone Strategic Framework plan. The strategy of the ‘urban’ designation is to encourage infill development with the aim of consolidating residential development within the existing urban footprint. It is considered that the proposal conforms to these objectives as it provides greater choice of housing styles to meet the needs of a growing community. Submissions: During the public notification period, the application received 1 ‘properly made’ submission that raised concerns regarding the proposed development. The submission is attached to this report and outlines the following concerns:

The height of the development will cause unnecessary shading, inconsistent look and feel of other developments within the area and a loss of outlook for neighbouring properties;

The development will impact on privacy and result in noise pollution onto adjoining properties through the balconies and glass doors;

The proposed density is higher than prescribed within the Planning Scheme; The car parking provided is not sufficient for the number of proposed units; and The 3D visualisation shows trees planted across adjoining properties.

The following is a response to the concerns raised on the submissions against the Planning Scheme. Height The Planning Scheme designates that lots within the Residential (Higher Density) Zone within the Northern Precinct of the Suburban Locality have a maximum height of 12 metres. Accordingly the height of the proposed development is 9.1 metres. As part of the information request, the applicant was required to submit a shadow diagram


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demonstrating each building cast shadows less than 30% of adjoining residential lots between the hours of 9.00am and 3.00pm on 22 June. Accordingly plans were submitted that demonstrate a maximum of 15.47% shadow cover to the adjoining 4 View Street. It is also noted that the roof line does not comply with Specific Outcomes within the Planning Scheme in terms of roof articulation. The roof design is discussed further in this report, with a recommendation to alter the proposed roof line but not to the detriment of shadow impact. Character It is considered that the development will share the same ‘look and feel’ of other developments within the immediate area. Specifically, the site is considered to share the same characteristics as that of 4 View Street, specifically in terms of the aesthetic appeal of modern design. It is noted that the height is larger then 4 View Street with part of the roof being flat. These differences however are discussed further in the report. The following images demonstrate the building form of the proposed building with the current form of 4 View Street.

Figure 12 – Proposed building form of the development from View Street and Side Street


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Figure 13 – Current building form of 4 View Street from View Street Privacy and Noise The balconies that are orientated towards the adjoining property at 4 View Street are located on the second level of the southern building and are setback 6 metres from the boundary on which an 1800mm fence is provided. This setback complies with the requirements of the Planning Scheme, and the 6 metre setback provides sufficient space to allow for privacy for the adjoining property and will alleviate most noise concerns. Density Table 7-17.1 within Division 8 – Specific Outcomes and Acceptable and Probable Solutions for the Northern Precinct within the Suburban Locality Code states that the residential density for lots within the Residential (Higher Density) Zone is 1 unit/100m². Accordingly, as the subject site is 1,050m² in area and has only proposed 6 units, the applicant has complied with the Planning Scheme by providing a density of 1 unit/175m². Car parking Schedule 2 of The Gladstone Plan provides vehicle parking rates for specific development. Accordingly for multiple unit residential, parking must be provided at 1 space per unit which must be covered, plus 1 space per 2 units for visitors. As such, the proposal is for 6 single lockup garages and 3 visitor car parks which complies with the Planning Scheme. 3D Plans and Vegetation


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The 3D visualisation is a guide used to assess building bulk, aesthetics and character of the building, with all landscaping being indicative. A landscape plan has been provided that demonstrates appropriate landscaping for the site. Accordingly, it is considered that the concerns raised in the submission have been addressed appropriately against the requirements of the Planning Scheme. Planning Scheme Requirements: In accordance with The Gladstone Plan, the Material Change of Use of Premises for Multiple Unit Residential (6 Units) required Impact Assessment. Specific Codes of the Planning Scheme which are deemed to be applicable for the assessment of this application are:

Suburban Locality Code; Residential Code; Environment and Infrastructure Code; Operational Works (Earthworks) Code; Acid Sulfate Soils Overlay Code;

Schedule 2 of The Gladstone Plan provides vehicle parking rates for specific development. Accordingly for multiple unit residential, parking must be provided at 1 space per unit which must be covered plus 1 space per 2 units for visitors. As such, the proposal includes 6 single lockup garages and 3 open visitor car parks, complying with the Planning Scheme. The Residential Code states that residential buildings are setback from the side and rear boundaries, the greater of:

At least half the height of the building above natural ground level (4.55 metre setback); or

3 metres from the side boundary and 6 metres from the rear boundary. It is also noted that the Planning Scheme does not state a specific front setback for residential development within the Northern Precinct of the Suburban Locality. However, while no defined setback is prescribed the applicant has provided sufficient setbacks along all street frontages with an average setback of 5.23 meters. The following table sets out the required and actual setbacks associated with the development. Setback Required Proposed Compliance View Street NA 5.4 metres Yes Ormonde Street NA 5.8 metres Yes Side Street NA 4.50 metres Yes Southern Setback 4.55 metres 6.0 metres Yes Accordingly, the design has complied with the required southern side setback and is considered to have provided appropriate setbacks for all frontages. It is therefore considered the setbacks for the development are compliant with the Planning Scheme. Division 8 – Specific Outcomes and Acceptable and Probable Solutions for the Northern Precinct within the Suburban Locality Code states for lots within the Residential (Higher Density) Zone, Residential Density is 1 unit/100m², has a maximum


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site coverage of 40% and a building height of 12 metres. Accordingly, the subject site is 1,050m² in area and has proposed 6 units resulting in a density of 1 unit/175m². The building footprint is 280.16m² resulting in a site coverage of 26.8%, and the development has a maximum height of 9.1 metres. As such, the development complies with the Planning Scheme requirements in terms of density, height and site coverage. However, under the Residential Code, Specific Outcome 2 for Building Envelope, Siting and Design requires that building design maintains the character of the locality in terms of building bulk. It is considered that part of the design of the building, being the flat roof line is inconsistent with the surrounding built form due to the absence of a significant roof pitch within this section. The following image demonstrates part of the proposed roof line gives the development an overly bulky and boxy appearance.

Figure 14 – The flat roof line inconsistent with building bulk Currently both buildings have roofs containing both flat lines and articulated roof pitch. The roof pitch varies on each building ranging from 10 degrees to 15 degrees. As previously mentioned the flat roof line is inconsistent with the surrounding built form and the built form of the proposed buildings. Accordingly a condition has been


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recommended that the applicant replace the flat roof line to include a skillion roof with a minim pitch of 10 degrees and a maximum pitch of 15 degrees. It is also noted, and will be included within the condition that the maximum height above ground level will still be 12 metres, and at no time will they be able to exceed this. By not exceeding the 12 metre height limit, the shadowing of the development will not cause nuisance to adjoining lots. The Residential Code also stipulates the landscape and recreation space required, stating that premises are provided with landscape and recreation space at the minimum rate of:

50m² per dwelling unit; and At least 50% of the total landscape and recreation space is provided in one

useable area with a minimum dimension of 3 metres. Accordingly, the required landscape and recreation space required is 300m², with 150m² (50%) provided in one useable area. However, the proposal has provided only 34m² of communal open space but 505.80m² of private open space. It is generally considered that private open space is more valuable than communal open space within multiple residential unit developments. As such the applicant has provided a total of 505.80m² of private open space, 355.8m² more than required. However, only 34m² of communal open space has been provided, resulting in a shortfall of 116m². It is noted that the site is within very close proximity to Memorial Park which contains multiple sporting clubs and recreational uses. It is considered that its proximity to current public open space, as well as the excess private open space provided to each unit, would allow a relaxation in the required communal open space. It is noted that it is not ideal for a sewer line to traverse a site as any damage to the piping may require subsequent repairing which would cause nuisance to the occupants of the property. In a current multiple unit residential approval over 5 Ormonde Street, a sewer main also traverses that site and the applicant has provided a solution demonstrating how the allotment can be sewered via a new sewer in Ormonde Street (footpath) from the proposed development site to the existing sewer in Side Street. The build over sewer option proposed by the applicant for 5 Ormonde Street in that instance was not considered acceptable as there appears to be a reasonable alternative. As such, a holistic consideration of sewer has been considered for the subject site also. The same situation is relevant to the subject site and it is therefore considered that the applicant would have the opportunity to re-align the sewer around 2 View Street into the proposed new sewer. This would be considered a reasonable alternative than to construct an internal road over a sewer line. It is noted that the connection would still be off Side Street, however the line would be relocated off the site. The proposed Material Change of Use of Premises for Multiple Unit Residential (6 Units) is considered to comply with the Overall Outcomes and Specific Solutions of the Planning Scheme. The proposal is considered a satisfactory form of development which takes advantage of its location and has sufficient justification to warrant a higher density development within the Residential (Higher Density) Zone. The application has therefore been recommended for approval subject to reasonable and relevant conditions. Officer's Recommendation:


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That the application for a Material Change of Use of Premises – Multiple Unit Residential (6 Units) at 2 View Street, West Gladstone be approved subject to the following conditions.

1. Development is to be carried out in accordance with the submitted application including the following plans:

Plan Name Plan Number Drawn By Date Site Plan MAC302A PH Build 16 May 2011 Landscape Plan MAC302C PH Build 16 May 2011 Ground Floor Plans MAC303A PH Build 16 May 2011 Second Floor Plans MAC303B PH Build 16 May 2011 Third Floor Plans MAC303C PH Build 16 may 2011 SE & NW Elevations Units 1 – 4

MAC304A PH Build 16 May 2011

All Elevations Units 5 + 6 MAC304B PH Build 16 May 2011 NE and SW Elevations MAC304C PH Build 16 May 2011

except where amendments are required to satisfy the conditions of approval, including: An amended roof design replacing the flat roof to include a skillion roof with

a minimum 10 degree roof pitch and maximum 15 degree pitch and an articulated and varying form in the roofline, to be submitted to Council for approval prior to the issue of a Development Permit for Building Works. The amended roof design must not exceed the maximum height limit of 12 metres, and must not cast shadows over greater than 30% to any adjoining residential lot between the hours of 9:00am and 3:00pm on 22 June.

Building Works

2. The applicant / developer is required to obtain a Development Permit for Building Works in accordance with the Sustainable Planning Act 2009 to remove the existing structures from the site in accordance with the Building Act 1975.

3. The applicant is required to obtain a Development Permit for Building and

Plumbing Works in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities.

4. All lighting at ground level and associated with illuminating ground level areas

must be focussed downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on the site and surrounding sites.

5. Any security lighting shall be so designed to ensure that nuisance is not caused

to adjoining areas by the spillage of light.

6. Provision of an 1800 mm high screen fence to side, and rear boundaries other than that section forward of the building line which shall be no greater than 1.2 metres in height. The details of which are to be submitted with any Building Works application on the site.


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7. Open storage / bin storage areas are to be adequately screened so as not to

detract from the visual amenity of the area. One way of achieving compliance with this condition is as follows:

a) outdoor storage areas are situated in locations not visible from the street b) a 1.8m solid screen fence is located around storage areas.

8. All plant and equipment (including air conditioners, exhaust fans and the like)

are to be housed, screened and located so that these do not cause environmental nuisance or harm to the residential uses on the site and surrounding sites.



a. Mobile Wheelie Bins

Provision of an allocated waste reciprocal area/s adequate to store the mobile wheelie-bins for all units. The standing room for the wheelie-bin is to allow for two (2) 240 litre mobile garbage bins per unit.



Operational Works


a) earthworks (including retaining walls) b) roadworks (including all works within the road reserve, e.g. driveway

access) c) water infrastructure d) sewerage infrastructure e) stormwater management (including erosion & sediment control) f) landscaping

The design and supporting calculations / documentation associated with these works must be certified by a Registered Professional Engineer of Queensland (RPEQ).

12. Operational works shall be designed and constructed in accordance with

Council's relevant standards at the time of lodgement of an application for an Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

a) Roads and Transport Standard 2005 (Joint CSC and GCC) b) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) c) Water Supply Standard 2006 (Joint CSC and GCC) d) Sewerage Design Standard 2003 (Joint CSC and GCC)


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13. The Operational Works drawings shall contain adequate information to position each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.





16. Where the appointment of a principal contractor is applicable under the

Queensland Workplace Health and Safety Act 1995, no operational works are to commence until a copy of Form 34 “Notice of appointment of principal contractor” is received by WH&S Qld, by the Principal Contractor and by Council. Similarly, Council must be provided with evidence of any change in the appointment of a Principal Contractor throughout the course of the project.

17. The lodgement of a maintenance bond at the commencement of the “on-

maintenance” period, the equal of five (5) per centum of the total estimated cost of construction (minimum $ 10,000), to be held by the Council during the maintenance / performance verification period, being not less than twelve (12) months. The commencement of the ‘on maintenance’ period will not occur until all outstanding works have been completed, including the receipt of acceptable ‘as constructed’ information.

18. The applicant is responsible for and is to bear the cost of any alterations to,

extension of, or upgrading of Council assets / infrastructure or other service authorities’ infrastructure necessitated by the approval of this development (including but not limited to earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.).

Landscaping

19. All landscaping must be compliant with approved Landscape Plan Dwg. No. MAC302C, prepared by PH Build dated 16 May 2011.

20. All landscaping referred to in the approved Landscape Plan above is to be

maintained to an appropriate standard at all times. Transportation


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21. Provision of a 2.0 metre wide concrete footpath for the full extent of the View Street frontage of the site. The applicant is required to obtain an approval as part of an application to Council for Operational Works.

22. Provision of 9 car parking spaces on site including 6 covered spaces and 3

visitor spaces. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14, Schedule 2, Division 4 of the Planning Scheme and AS2890.1. The proposed access driveways are to be constructed in accordance with Council’s Standard Drawing RT-0055.




Earthworks

25. All earthworks on the site must be carried out in accordance with AS 3798 and good engineering practice. Geotechnical supervision shall be to Level 1.


26. A new sewer is to be constructed along the western side of View Street and to intersect with the new proposed sewer in Ormonde Street which will extend to to connect into Council’s existing sewer in Side Street. The intent of this line is to divert Council’s sewer around the subject development site. The applicant is to be responsible for the design and construction of the new sewer and associated maintenance holes. The design is to incorporate a 150mm diameter sewer stub in the maintenance hole at the intersection of View Street and Ormonde Street to provide for a future sewer along Ormonde Street. Council will assist with the cost of constructing the diversion line by funding the section of sewer along the Ormonde Street and View Street intersection to the existing sewer in Side Street.

27. The existing Council sewer passing through the site is to be disconnected,

disinfected, sealed and made redundant.

28. The sanitary drainage shall drain to a single connection point at an existing or proposed concrete maintenance hole (1050mm diameter) on the municipal sewer main.




30. New water connections necessitated by the development are the responsibility of the applicant / developer. Water connection applications are to be made to Council for a quotation for the necessary works.


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31. Individual water meters (sub-metering) shall be provided for each unit in accordance with the Water and Other Legislation Amendment Act 2007.

32. Any strata titling of the development will require certification from a Hydraulic

Engineer that the metering of water for the development complies with the Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.


33. The design of the Operational Works must comply with the following stormwater management (quantity) criteria: a) Stormwater infrastructure must adequately drain the site and must cater for

stormwater flows through the site (if applicable) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007. The stormwater drainage system is to be designed to cater for a 1 in 10 year ARI minor storm event and a 1 in 100 year ARI major storm event. The stormwater management report must demonstrate there will be no

worsening of stormwater runoff from the site as a result of the proposed development of the site for all design storm events up to and including a storm event with an average recurrence interval of 1 in 100 years.

The report must be certified by the responsible RPEQ in accordance with the following: “I am aware that the Gladstone Regional Council may rely upon the content and findings of this report including the recommendations, conclusions, results, calculations, plans, graphs, tables, attachments etc., for the purposes of development assessment. In my opinion, the Council can rely upon the information contained within the report and there are no reservations or qualifications in respect to the information other than set out in the report itself. I confirm that the development site is above the controlling 1 in 100 year ARI flood level and that there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site.”

34. The design of the Operational Works shall comply with the following stormwater



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The applicant is to provide partial on-site treatment including the use of on-site rainwater tanks and sediment reduction measures and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional nutrient removal treatment measures external to the site.

ENVIRONMENTAL HEALTH SPECIFIC CONDITIONS

SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken






END OF SCHEDULE A

SCHEDULE B - AIR B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes



that does not create a light nuisance to adjoining properties. Outdoor lights must not be angled onto adjoining properties and shall comply with the requirements of Australian Standard 4282 – Control of the obtrusive effects of outdoor lighting.

END OF SCHEDULE B


this development approval applies, to any waters or stormwater.


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C2 Access to the site shall be restricted to a stabilised construction entrance. The entrance shall be an appropriate size, with corduroy or metal grid provided to help shake mud from vehicle tyres.

END OF SCHEDULE C









7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A) 10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A)


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Sundays & Background noise level plus 5dB(A) Public Holidays

END OF SCHEDULE D




collection containers including recycling waste containers. The waste storage area/s must be suitably enclosed and imperviously paved, with a hose cock and hose fitted in close proximity to the enclosure to ensure the area can be easily and effectively cleaned.

E3 The minimum overhead clearance required for mobile wheelie bin collection

vehicles is 4200 mm. Access for the collection of the wheelie bin is not to be impeded by any overhead obstructions such as trees, wires or other structures. This minimum height clearance is to be maintained at all times.

END OF SCHEDULE E

SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to





responsible person.




(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident; (iii) the name and telephone number of the designated contact person; (iv) the time of the release;


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(v) the time the holder of the registration certificate became aware of the release;

(vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,






END OF SCHEDULE F









END OF SCHEDULE G

END OF CONDITIONS

Advice to Applicant



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Attachments:

1. One (1) ‘properly made’ submission dated 4 October 2011 Tabled Items:

1. Nil Report Prepared by: Planning Officer


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CHANGE OF USE OF PREMISES - MULTIPLE UNIT RESIDENTIAL (11 UNITS) - 68 GLENLYON STREET, GLADSTONE



Applicant: Liftin Investments Pty Ltd C/- Bartley Burns

Owner: Liftin Investments Pty Ltd

Date Of Receipt: 1 April 2011

Location: 68 Glenlyon Street, Gladstone

RPD: Lot 3 on RP605417

Area: 1,014m²

Current Use Of Land: Multiple Unit Residential (3 Units)

Zoning: Residential (Higher Density)

Proposal: Material Change of Use - Multiple Unit Residential (11 Units)

Submissions Close Date: 30 August 2011

Number Of Submissions: 2 ‘properly made’ submissions

Executive Summary: A Development Application has been received for a Material Change of Use of Premises – Multiple Unit Residential (11 Units) at 68 Glenlyon Street, Gladstone. Public notification was required as part of the assessment, during which time 2 ‘properly made’ submissions were received. The development will result in a higher density residential development positioned on conveniently located land close to shops, essential services and recreational facilities. The development is considered to comply with the Overall Outcomes of the City Locality and complies with the site specific assessment criteria of the Planning Scheme. The proposal demonstrates considerable merit complying with the strategic and specific objectives for the locality, and is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 68 Glenlyon Street, Gladstone and is zoned Residential (Higher Density) within the City Locality. The subject site is 1,014m² in size, is of a rectangular shape and has a frontage of approximately 20 metres to Glenlyon Street. The land has an upward slope from the frontage to the rear boundary. The site is bounded along the southern side boundary by 5 units approved prior to 1992, a single detached dwelling and along the rear boundary by a 7 unit development approved in 1979. The site adjoins a vacant block to the north and is directly opposite


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Memorial Park which contains sporting and recreational clubs as well as open space. It is noted that the vacant lot to the north has approval for 63 Multiple Residential Units known as ‘G60’. The site is located approximately 80 metres from the Civic Centre and the commercial precinct of Goondoon Street. The commercial precinct along Goondoon Street includes commercial offices, shops and entertainment areas which supply the surrounding residential area and the whole of Gladstone. Figures 1 and 2 below demonstrate the location and zoning of the subject site.

Figure 1: Location of Subject Site


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Figure 2: Subject site from Glenlyon Street Background: The application was lodged on 1 April 2011 and as such was lodged after the commencement of the current Planning Scheme for Gladstone – The Gladstone Plan and being within the Residential (Higher Density) Zone of the City Locality, the application requires Impact Assessment. Proposal: The applicant seeks a Development Permit for Multiple Unit Residential (11 Units) at 68 Glenlyon Street, Gladstone. The development includes 11 permanent residential accommodation units of a 2 bedroom configuration. The development is comprised of a single articulated building, with car parking located at basement level and 3 levels of residential units above. The building, at the uppermost projection is 13.42 metres above natural ground level. Access to the site is proposed via Glenlyon Street with a single access/egress driveway. All car parking is contained at the basement level and is made up of 11 resident spaces, 5 visitor spaces and 1 car wash bay. Residents and visitors then access the upper residential levels via an entrance lobby, stairs and elevator at the ground floor level. The overall development of the site proposes a total of 24.6% site cover. The building is proposed to be setback 10.57 metres from the Glenlyon Street front boundary, 2.95 metres from the rear boundary, 2.40 metres from the southern side boundary and 3.10 metres from the northern side boundary. The following plans illustrate the overall proposed development, floor plans, landscape plan and elevations.


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Figure 3 – Site Plan

Figure 4 – Basement Plan


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Figure 5 – Ground Floor Plan

Figure 6 – North West and North East Elevations


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Figure 7 – South East and South West Elevations Referral: The application required referral to the Department of Transport and Main Roads (DTMR) as a Concurrence Agency as the subject site is on land adjoining a state-controlled road. On 17 May 2011 DTMR sent a request for additional information to the applicant. On 22 August 2011 the applicant responded to both Council’s and DTMR’s information requests. On 26 October 2011 the DTMR sent their referral agency response. The response includes several conditions of approval that focus on the following:

Development Plans; Access; Road Traffic Noise; Drainage; Parking; Development Lighting and Signage; Road Corridor Permit (RCP); and Relevant Validation Period.

Accordingly, all conditions within the response will form part of this application and the response has been attached to this report. Public Notification:


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The proposal is Impact Assessable and therefore required public notification in accordance with the Sustainable Planning Act 2009. The public notification period commenced on 30 August 2011 and was completed on 19 September 2011, with 2 ‘properly made’ submissions received. These submissions have been included as an attachment to this report and are discussed in a subsequent section of this report. Assessment: Strategic Planning: The subject site is located within the Uptown Precinct of the City Locality and in the Residential (Higher Density Zone). The primary focus for this zone and locality is to encourage the City’s major business centre supporting and driving the growth of business in the Port, the industrial areas, the Gladstone State Development Area and in Gladstone CBD. The overall character of the locality is to be highly accessible, convenient and attractive to residents and visitors and provide greater opportunities for a diverse and accessible range of housing options for residents. Specific Overall Outcomes sought for the Uptown Precinct are to maintain and reinforce the role of the Uptown Precinct as the principal commerce centre for the city. Surrounding higher density zoned land is to support residential development to create an integrated mix of residential accommodation. The outcomes of development of this type are to increase the residential density of the City Locality in appropriate locations. The proposed higher density residential use will support the role of the nearby Commercial Zone and CBD as well as support the overall function of the Uptown Precinct. It should be noted that the subject site lies within the Urban designation of the Gladstone Strategic Framework which seeks to maximise the benefits of existing urban facilities and infrastructure by maintaining and consolidating development within the existing urban areas. It is therefore considered that the proposed development is compatible and is considered to be a benefit to both the locality and city as a whole. Submissions: The application was publically notified from 30 August 2011 to 19 September 2011, during which time 2 ‘properly made’ submissions were received. The submissions state that there is no objection in principle to the use of the site for multiple unit development, however outlines the following concerns:

Concern that the detail in the plans provided do not sufficiently outline the impact the work may have on adjoining properties;

Construction, groundwork and excavation occurring close to the boundary require short and long term ground stability and support and could affect adjoining lots; and

Stormwater design is inconsistent with surrounding residential developments. The submissions were received from the Department of Communities (an adjoining land owner) and a private consultancy. It is noted that the submissions did not directly oppose the development, but rather suggested the application include conditions relating to the methodology and maintenance of the ground retention, excavation and construction, and stormwater design. Accordingly, development is to occur in accordance with the relevant legislation.


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Planning Scheme Requirements: In accordance with the Planning Scheme for Gladstone, the Material Change of Use of Premises for Multiple Unit Residential (11 Units) required Impact Assessment. Specific codes of the Planning Scheme which are deemed to be applicable for the assessment of this application are:

City Locality Code; Residential Code; Environment and Infrastructure Code; and Operational Works (Earthworks) Code.

Assessment against the provisions of the relevant Codes has been undertaken, and for the most part, where applicable, the proposal is considered to comply with these requirements. Schedule 2 of the Planning Scheme states the vehicle car parking rates for specific uses. Multiple Unit Residential states that 1 space per unit is to be provided undercover plus 1 space per 2 units for visitors. Accordingly the proposal complies by providing 1 undercover basement car park for each unit, 5 visitor car parking spaces including 4 undercover and 1 open as well as 1 car wash bay. This results in a total of 17 car parking spaces, complying with the requirements of the Planning Scheme. The Residential Code states that residential buildings are setback from the side and rear boundaries, either:

At least half the height of the building above natural ground level (6.7 metre setback); or

3 metres from the side boundary and 6 metres from the rear boundary. It is noted that as the building height of the proposal reaches 13.42 metres of the Planning Scheme maximum of 16 metres. A setback of half the height of the building is impractical for such a narrow lot as it would lead to an unrealistic building envelope for a multiple unit residential development. It is further considered that the adoption of reduced setbacks will still maintain privacy, sunlight and breezes to adjoining properties in accordance with the Specific Outcome 1 of the Residential Code. Therefore the 3 metre side and 6 metre rear setback has been suggested for adoption. The following table sets out the proposed and required setbacks and relevant compliance.

Setback Required Proposal Compliance Front 7.5 10.57 Yes South Side 3 2.42 No North Side 3 3.10 Yes Rear 3 2.9 No Table 1 – Proposed and Required Setbacks As demonstrated above the proposal complies with the front and the northern side setbacks, however the building has some very minor encroachments into the rear setback and the southern side setback of 100mm and 580mm. When considering a southern side boundary relaxation, it is noted that the nearest dwelling on the adjoining properties to the south is 6 metres from the boundary for the Glenlyon Street Lot and 9 metres to the William Street Lot. In between the boundary and these dwellings is a large shed on the William Street Lot, already blocking views for the dwelling, and a carport on the Glenlyon Street dwelling, which already


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overshadows the dwellings windows. It is noted that whilst the adjoining lots may have the opportunity in the future to redevelop, a setback relaxation should be allowed having consideration regarding the existing form of these sites. The following image shows the setbacks of adjoining lots.

Figure 11 – Aerial image demonstrating the location of structures on adjoining properties As the subject site is narrow in width, the setbacks proposed are considered reasonable given the characteristics of the site and adjoining development. It is noted that development on narrow sites such as this may have the opportunity to amalgamate adjoining lots to create a larger overall Lot that and this is actively encouraged within the Planning Scheme. With regard to the subject site, the developer would need to amalgamate the 2 adjoining western lots to completely comply with all setbacks. It is considered that the proposed setbacks are sufficient to the existing built form of the adjacent properties to warrant an approval of high density in the appropriate zone. It is also noted that the roof line does not comply with Specific Outcomes within the Planning Scheme in terms of roof articulation. It is considered that the development does not share the same ‘look and feel’ of other developments within the immediate area. Under the Residential Code, Specific Outcome 2 for Building Envelope, Siting and Design requires that building design maintains the character of the locality in terms of building bulk. It is considered that the design of the building, with specific reference


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to the flat roof line is inconsistent with the surrounding built form due to the absence of a significant roof pitch within this section. It is also considered that the outer structural appearance demonstrated gives the development a bulky and boxed appearance. As the current development proposes an elevated height of 13.42 metres, the development has the opportunity to increase roof pitch without exceeding the allowed height of 16 metres within the Planning Scheme. A recommendation to alter the proposed roof line, not to the detriment of shadow impact has been included as part of the recommended conditions of approval. A condition has also been recommended to provide architectural drawings that demonstrate the use of eaves and the different use of materials to make the building more aesthetically pleasing and better integrated into the character of the area. The Waterfront and Uptown Precinct built design section within the City Locality Code states a 40% site cover and a maximum building height of 16 metres. Accordingly the proposal has an overall building envelope of 24.6% and a building height of 13.42 metres. The built design section also states that the proposal has a density of 1 unit/90m² site area. Accordingly the proposal proposes 11 units over a site area of 1,014m², which equates to a density of 1 unit/92.18m², complying with the Planning Scheme. Under the residential design section for the Waterfront and Uptown Precinct, a communal open space of not less than 60m² with a minimum dimension of 5 metres is required to be provided at ground level in at least one continuous area. It also states that for private open space that ground floor units are provided with 30m² private open space with a minimum dimension of 4 metres and for aboveground units, a balcony having a minimum area of 15m² with a minimum width of 2.5 metres. Accordingly the following table sets out the proposed and required space requirements.

Unit Number Private Open Space Required

(m²)

Actual Private Open Space Provided (m²)

1 30 30 2 30 30.2 3 30 30.2 4 15 30 5 15 30.2 6 15 30.2 7 15 30 8 15 30.2 9 15 30.2 10 15 30.2 11 15 30.2 Total 210 331.6 Communal Open Space Required (m²) Actual (m²)

Total 60 185 Table 2 – Required and Actual space requirements Accordingly, the proposal far exceeds all required private open space and communal open space requirements for a development of this nature. Access to the development will be via a single entry and exit driveway from Glenlyon Street. A Traffic Impact Assessment Report was conducted by Carter Rytenskild Group to assess the impact of the proposal on adjoining roads, particularly the state controlled road (Glenlyon Street). This Traffic Impact Assessment is attached to this report and


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concluded that the current access allows good queuing provision for entry and exit situations. It is also noted that DTMR considered this report prior to issuing its concurrence agency approval. The Environment and Infrastructure Code sets out the specific criteria and requirements for connections to services. The following figure demonstrates the connections for the subject site.

Figure 12 – Connections to the subject site being sewer (red), water (blue) and stormwater (purple) It is noted that a water main runs along the sites frontage on Glenlyon Street as does the sewer main. It is also important to note the site slopes downhill from the rear boundary to the front boundary being from the east to west. Connections to these services have been included as recommended conditions of approval. The proposed Material Change of Use of Premises for Multiple Unit Residential (11 Units) is considered to comply with the Overall Outcomes and Specific Outcomes of the Planning Scheme. The proposal is considered a satisfactory form of development which takes advantage of its location and has sufficient justification to warrant a high density development within the Residential (Higher Density) Zone. The application has therefore been recommended for approval subject to reasonable and relevant conditions. Officer's Recommendation: That the application for a Material Change of Use of Premises for Multiple Unit Residential (11 Units) at 68 Glenlyon Street, Gladstone be approved subject to the following conditions.


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1. Development is to be carried out generally in accordance with the submitted

application including the following plans:

Drawing Name Drawing Number Drawn By Date Site Plan 08063-DD00.01 issue. G KP Architects October 2009 Basement Plan 08063-DD10.01 issue. G KP Architects October 2009 Ground Floor Plan 08063-DD10.02 issue. F KP Architects October 2009 First Floor Plan 08063-DD10.03 issue. F KP Architects October 2009 Second Floor Plan 08063-DD10.04 issue. F KP Architects October 2009 Third Floor Plan 08063-DD10.05 issue. F KP Architects October 2009 Roof Plan 08063-DD11.01 issue. F KP Architects October 2009 Elevations 1 08063-DD20.01 issue. F KP Architects October 2009 Elevations 2 08063-DD20.02 issue. F KP Architects October 2009 Sections 08063-DD30.01 issue. E KP Architects October 2009

except where amendments are required to satisfy the conditions of this approval, including

An amended roof design replacing the flat roof to include a skillion roof with a

minimum 10 degree roof pitch and maximum 15 degree pitch and an articulated and varying form in the roofline, to be submitted to Council for approval prior to the issue of a Development Permit for Building Works. The amended roof design must not exceed the maximum height limit of 16 metres, and must not cast shadows over greater than 30% to any adjoining residential lot between the hours of 9:00am and 3:00pm on 22 June; and

Amended architectural drawings demonstrating the use of eaves on the building

and a list of the proposed external cladding materials that will be used in construction.

Concurrence Agency

2. The applicant must comply with all conditions set out within the Department of Transport and Main Roads referral agency response. These conditions have been attached to this report.

Operational Works


a) earthworks b) roadworks c) water infrastructure d) sewerage infrastructure e) stormwater management f) landscaping

The design and supporting calculations / documentation associated with these works must be certified by a Registered Professional Engineer of Queensland (RPEQ).


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4. Operational works shall be designed and constructed in accordance with Council's relevant standards at the time of lodgement of an application for an Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

a) Roads and Transport Standard 2005 (Joint CSC and GCC) b) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) c) Water Supply Standard 2006 (Joint CSC and GCC) d) Sewerage Design Standard 2003 (Joint CSC and GCC)

5. The Operational Works drawings shall contain adequate information to position

each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.





8. Where the appointment of a principal contractor is applicable under the

Queensland Workplace Health and Safety Act 1995, no operational works are to commence until a copy of Form 34 “Notice of appointment of principal contractor” is received by WH&S Qld, by the Principal Contractor and by Council. Similarly, Council must be provided with evidence of any change in the appointment of a Principal Contractor throughout the course of the project.

9. The lodgement of a maintenance bond at the commencement of the “on-

maintenance” period, the equal of five (5) per centum of the total estimated cost of construction (minimum $ 10,000), to be held by the Council during the maintenance / performance verification period, being not less than twelve (12) months. The commencement of the ‘on maintenance’ period will not occur until all outstanding works have been completed, including the receipt of acceptable ‘as constructed’ information.

10. The applicant is responsible for and is to bear the cost of any alterations to,

extension of, or upgrading of Council assets / infrastructure or other service authorities’ infrastructure necessitated by the approval of this development (including but not limited to earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.).


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Landscaping

11. A landscape plan is to be submitted for approval as part of the Development Application for Operational Works. The landscaping of the site shall incorporate:

a. All areas of landscaping as shown on the Site Plan; and b. The landscaping provided shall be in accordance with Council's preferred

landscape plant list.

The landscaping plan shall contain the following information:

c. Outline of the buildings; d. Existing trees (height location); e. Trees to be removed; f. Proposed planting (quantity, species and expected mature height); g. Paths and paving (location and materials); and h. The method of planting and the proposed maintenance program.

12. All landscaping referred to in Condition 11 above is to be maintained to an

appropriate standard at all times. Transportation

13. Provision of a 2.0 metre wide concrete footpath for the full extent of the Glenlyon Street frontage of the site. The applicant is required to obtain an approval as part of an application to Council for Operational Works.

14. Provision of 17 car parking spaces on site including 11 covered unit spaces, 5

covered visitor spaces and 1 car wash bay. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14, Schedule 2, Division 4 of the Planning Scheme and AS2890.1.




Earthworks

17. All earthworks on the site must be carried out in accordance with AS 3798 and good engineering practice. Geotechnical supervision shall be to Level 1.


18. The sanitary drainage for the total development is to drain to a single connection point (1050mm diameter concrete maintenance hole) within the site before connection to Council’s municipal sewerage infrastructure.




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20. A new water service is to be provided from Council’s water infrastructure to the front property of the development site as part of an operational works permit. The size and location of this water service is to be determined in consultation with Council’s Water and Sewerage Unit.

21. New water connections necessitated by the development are the responsibility

of the applicant / developer. Water connection applications are to be made to Council for a quotation for the necessary works.

22. Individual water meters (sub-metering) shall be provided for each unit in

accordance with the Water and Other Legislation Amendment Act 2007.

23. Any strata titling of the development will require certification from a Hydraulic Engineer that the metering of water for the development complies with the Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.


24. The design of the Operational Works must comply with the following stormwater management (quantity) criteria: a) Stormwater infrastructure must adequately drain the site and must cater for

stormwater flows through the site (if applicable) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007. The stormwater drainage system is to be designed to cater for a 1 in 10 year ARI minor storm event and a 1 in 100 year ARI major storm event.

25. The design of the Operational Works shall comply with the following stormwater



The applicant is to provide partial on-site treatment including the use of on-site rainwater tanks and sediment reduction measures and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional nutrient removal treatment measures external to the site.


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Building Works

26. The applicant / developer is required to obtain a Development Permit for Building Works in accordance with the Sustainable Planning Act 2009 to remove the existing structures from the site in accordance with the Building Act 1975.

27. The applicant is required to obtain a Development Permit for Building and

Plumbing Works in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities.

28. All lighting at ground level and associated with illuminating ground level areas

must be focussed downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on the site and surrounding sites.


to adjoining areas by the spillage of light.

30. Provision of an 1800 mm high screen fence to side, and rear boundaries other than that section forward of the building line which shall be no greater than 1.2 metres in height. The details of which are to be submitted with any Building Works application on the site.

31. Open storage / bin storage areas are to be adequately screened so as not to

detract from the visual amenity of the area. One way of achieving compliance with this condition is as follows:

a) outdoor storage areas are situated in locations not visible from the street b) a 1.8m solid screen fence is located around storage areas.


are to be housed, screened and located so that these do not cause environmental nuisance or harm to the residential uses on the site and surrounding sites.



a) Bulk Bins Provision is to be made for an allocated waste reciprocal area/s

adequate to store the bulk bins to service all units. This bin area shall be of sufficient size to cater for the number of proposed units and is to include impervious paving, suitable drainage, and shall be contained in a suitable form of enclosure.

Provision of a site plan with turning circles demonstrating that sufficient manoeuvrability area is provided to allow for a refuse collection vehicle to access the designated refuse bin area and enter and exit the site in a forward direction.

Applicant / developer is required to demonstrate that the internal road is designed to cater for a fully loaded refuse vehicle to service the bulk bin.


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Written indemnification is required by Council to cover access to the site by its refuse collection contractor.

Details of the proposed bulk bin service area to be submitted to Council for approval from Council's Environmental Health and Compliance Department prior to the issue of a Development Permit for Building Works.



ENVIRONMENTAL HEALTH SPECIFIC CONDITIONS SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken






END OF SCHEDULE A

SCHEDULE B - AIR B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes



that does not create a light nuisance to adjoining properties. Lights must not be angled onto adjoining properties.

END OF SCHEDULE B


this development approval applies, to any waters or stormwater. C2 Access to the site shall be restricted to a stabilised construction entrance. The

entrance shall be an appropriate size, with corduroy or metal grid provided to help shake mud from vehicle tyres.


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C3 The vehicle wash down area must be impervious, covered, bunded to exclude any stormwater and drained to either the sewer under the conditions of a trade waste permit or collected for recycling/disposal using a system approved by Council. Where no cover can be provided, the drainage system must be capable of accepting the first 20mm of contaminated stormwater falling within the bunded area and fitted with an automatic stormwater diversion valve.

END OF SCHEDULE C









7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A) 10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A)


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Sundays & Background noise level plus 5dB(A) Public Holidays

END OF SCHEDULE D




collection containers including recycling waste containers. E3 The kerbside service point for the waste collection service is to be:

clear of any hindrance to servicing by a lifter arm; and clear of a footpath and a pedestrian access; and not in front of a building entrance; and not blocking the vision of vehicles using the road or entering and exiting the

site.

END OF SCHEDULE E SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to





responsible person.




(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident; (iii) the name and telephone number of the designated contact person; (iv) the time of the release;


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(v) the time the holder of the registration certificate became aware of the release;

(vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,






END OF SCHEDULE F









END OF SCHEDULE G

END OF CONDITIONS

Advice to Applicant

An adopted infrastructure charge notice in relation to the infrastructure charges applicable to this development has been provided separately; and


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Attachments:

1. Two (2) ‘properly made’ submission; 2. DTMR Concurrence Agency Response; and 3. Traffic Impact Assessment prepared by Carter Rytenskild Group, dated 16

August 2011.

Tabled Items: 1. Nil Report Prepared by: Planning Officer


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G/5.4.5 DEVELOPMENT APPLICATION 372/2011 - MATERIAL

CHANGE OF USE OF PREMISES - 55 GOONDOON STREET, GLADSTONE - OFFICE



Applicant: Buckley Vann Town Planning

Owner: Mr R A O'Dowd and Mrs J R O'Dowd

Date Of Receipt: 1 July 2011

Location: 55 Goondoon Street, Gladstone

RPD: Lot 6 RP 618426, Gladstone

Area: 1,180m²

Current Use Of Land: Shop (Vacant)

Zoning: Commercial

Proposal: Office

Submissions Close Date: 21 October 2011

Number Of Submissions: Nil

Executive Summary: A Development Application has been received for a Material Change of Use of Premises - Office at 55 Goondoon Street, Gladstone on 4 July 2011. Public Notification commenced on 30 September 2011 and concluded on 21 October 2011, with no submissions received. The application is considered to generally comply with the requirements of The Gladstone Plan and is therefore recommended for approval, subject to reasonable and relevant conditions. Subject Site: The subject site is located at 55 Goondoon Street, which is properly described as Lot 6 RP618426. The site has a total area of 1,180m² and has a frontage of approximately 11.8 metres to both Goondoon Street and Central Lane. The site is zoned Commercial and adjoins Gladstone Library to the north and Cavalier's Menswear to the south. Vehicular access to the site is granted via Central Lane with Goondoon Street only providing pedestrian access to the existing building. The location and existing conditions of the subject site are illustrated below:


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Figure 1 - Location of Subject Site

Figure 2 - Existing Building as viewed from Goondoon Street


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Figure 3 - Existing Building as viewed from rear Background: Council received a Development Application for an Office at 55 Goondoon Street, Gladstone on 4 July 2011. An Information Request was issued on 25 July 2011 with the applicant providing a response on 29 August 2011. The response to the Information Request was not considered to be adequate and the applicant provided further information on 19 September 2011. Public Notification commenced on 30 September 2011 and concluded on 21 October 2011, with no submissions received during that period. Proposal: The proposed development involves converting the use of the existing building at 55 Goondoon Street from a shop to an office for use by Arrow Energy. The proposed office is to function as an Information Centre, providing details to the public regarding Arrow Energy's proposed LNG facility on Curtis Island. The centre is to include a reception, display areas and workstations on the upper level, where access is available from Goondoon Street. The basement level is to remain vacant, with access available from both the upper level and from the rear of the property. No modifications are proposed to the existing building, with the exception of minor aesthetic work. The images below illustrate the proposed development.


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Figure 4 - Ground Level Plan

Figure 5 - Basement Level Plan


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Figure 6 - Elevations

Figure 7 - Streetscape Concept Plan Referral: The application did not require referral to any Concurrence or Advice Agencies.


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Public Notification: Public Notification commenced on 30 September 2011 and concluded on 21 October 2011, with no submissions received during that period. Assessment: The subject site is located in the Commercial Zone of the City Locality. As such, a number of Overall Outcomes are relevant to the proposed development, including:

The area is to function as the city's major business centre supporting and driving the growth of business of the Port, the industrial areas, the Gladstone State Development Area and in Gladstone City;

The area is to be a sustainable regional centre for a wide range of administrative, commercial, cultural, entertainment and shopping facilities and services; and

Revitalising and intensifying land use in the Commercial Zone to rejuvenate the city centre.

The proposed development is considered to comply with the abovementioned Overall Outcomes as:

The development will support the growth of Arrow Energy and the Curtis Island Industry Precinct by raising awareness of the project to the public, while also providing administrative space for the company;

The development is considered to be consistent with the intent of the zoning of the area and will continue Goondoon Street's focus as a commercial and administrative centre; and

The development will involve minor aesthetic works to the building, providing for a more appealing streetscape in Goondoon Street.

Submissions: No submissions were received during the Public Notification period. Planning Scheme Requirements: The subject site is located in the Commercial Zone of the City Locality and the Uptown Precinct. As such, the following Codes were relevant to the assessment of this proposal:

City Locality Code; Commercial Code; and Environment and Infrastructure Code.

Premises in the Commercial Zone in the Uptown Precinct are to provide a pedestrian focused landscape with awnings, uses that encourage casual, social and business interaction and ground floor uses that comprise at least 65% of the street frontage. The proposed development is considered to comply with these requirements as the existing awning over the footpath will be retained, the information centre will allow for members of the public view displays and talk with employees and the ground floor use will comprise 100% of the street frontage. Furthermore, streetscaping of the Goondoon Street frontage has already occurred in accordance with the CBD/Waterfront


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Revitalisation Masterplan and Manual which provides for an attractive and interactive environment. The maximum site coverage for commercial development is 75%. No extension to the existing building is proposed which currently has a compliant site coverage of approximately 19.7%. The Environment and Infrastructure Code requires that vehicle parking is to be provided in accordance with Schedule 2 of The Gladstone Plan. Offices are required to provide car parking at a rate of 1 space per 30m² GFA. This generates a car parking requirement of 9 spaces. The property does have existing use rights for a Shop which provides a credit of 14 car parking spaces. Notwithstanding this, no formal car parking area currently exists on the property. The relevant Specific Outcome requires that premises are provided with adequate vehicle parking spaces to accommodate the anticipated requirements of the use. The applicant has advised that the premises will have a maximum of 2 permanent employees and 4 visiting employees at any one time. The applicant is proposing to provide 6 car parking spaces to accommodate these employees at the rear of the property. The applicant has advised that the premises may be used for special events, including community information evenings, meetings and functions. If this is to occur, it is considered that car parking demands would exceed the 6 car parking spaces proposed. It has been recommended as a condition of approval that the applicant provide space for 9 vehicles, in accordance with the Planning Scheme requirement, and that these spaces be sealed and line marked in accordance with Australian Standard 2890.1. Furthermore, a condition has been recommended for the applicant to provide a fence along the northern boundary of the property to prevent any users of the proposed development from parking in the adjoining Council Library car park. It is evident from site observations that erosion is occurring underneath the basement level of the existing building. The applicant has advised that the displaced material was added to the site to create a flat area for builders to undertake renovations to the existing building. The gravel is not essential to the stability of the site or the structural integrity of the building and it is therefore recommended as a condition that the applicant remove the gravel to prevent further displacement of sediment onto the adjoining parcel of land. It is recommended that the applicant also seal or landscape this area underneath to prevent further displacement of sediment. The Building Code of Australia requires that development is to provide non-discriminatory access for people with disabilities. It is recommended as a condition that the applicant comply with the requirements of the Building Code of Australia in regard to non-discriminatory access. It is noted that the slope of the subject site does not allow for disabled access from the proposed car park at the rear of the property, though existing car parks for people with a disability are available in the Gladstone CBD and in the near vicinity of the subject site. It is considered that the application for an Office at 55 Goondoon Street, Gladstone complies with the requirements of The Gladstone Plan, and is therefore recommended for approval, subject to reasonable and relevant conditions. Officer's Recommendation


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That Development Application 372/2011 for a Material Change of Use of Premises - Office at 55 Goondoon Street, Gladstone be approved, subject to the following conditions.

1. Development is to be carried out in accordance with the submitted application including the following plans and supporting documentation except where amendments are required to satisfy the conditions of this approval.

Plan/Document Number Plan/Document Name Date 01 Existing Ground Floor Plan 15 June 2011 02 Existing Basement Plan 15 June 2011 03 Elevations 15 June 2011 04 Site Plan 15 June 2011 Gladstone Montage 10 October 2011

2. The applicant shall be responsible for, and bear the costs of any alterations to existing services or utility mains brought about by approval of this development.

3. Any further expansion of the office into the basement level will require a

Material Change of Use application. Building Works

4. A Development Permit for Building and Plumbing Works is to be obtained in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. This includes appropriate access and facilities for the disabled and compliance with the relevant fire classification requirements in accordance with the Building Code of Australia.

5. Details of the proposed colour scheme, materials and finishes for all external

areas of the building are to be submitted to Council for approval prior to the issue of a Development Permit for Building Works.

6. No changes to the structure of the existing building façade are permitted.

Landscaping

7. A landscape plan is to be submitted for approval prior to the issuing of a Development Permit for Building Works. The landscaping of the site shall incorporate:

a. Outline of the buildings; b. Location of car parking area; c. Existing trees (height location); d. Trees to be removed; and e. Proposed planting (quantity, species and expected mature height). f. Stabilisation of ground level surfaces to prevent scouring and sediment

transport.

8. All landscaping referred to in Condition 7 above is to be maintained to an appropriate standard at all times.

9. The applicant is required to erect a 1.8 metre high screen fence along the

properties northern boundary.


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Transportation

10. Provision of a minimum of 9 car parking spaces on site. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14 Division 4 of the Planning Scheme for the City of Gladstone and AS 2890.1.

11. Safe pedestrian access is to be maintained at all times to the existing building

on this site and surrounding sites during the construction of the development.

12. Prior to a Building Works approval being issued, the applicant is to submit a Traffic Engineer’s Certification for approval by Council of all vehicle movements through the site including a swept path analysis demonstrating compliance with AS2890.1. All vehicles must have the ability to enter and leave the site in a forward gear.

13. All driveways are to be clearly signposted and constructed in accordance with

Council's Standard Drawing Figure D - Standard Non Residential Vehicle Crossing in accordance with the Engineering and Development Guidelines Roads and Transport Standard 2005.


14. The finished ground level of the site (including the area under the basement level) must be sealed (eg. bitumen or concrete pavement) or stabilised via landscaping (eg topsoil and turfing) to prevent scouring and the transport of sediment from the site.

Lighting

15. All lighting at ground level and associated with illuminating ground level areas must be focused downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on this site and the adjoining the sites.


to adjoining areas by the spillage of light. Refuse Management

17. A Refuse Management Report to be submitted to Council and approved by The Environment and Regulation Department prior to the issue Building works approval. The report is to provide details including:

bin storage areas including any applicable screening; types of bins to be used; areas for refuse collection; waste removal vehicle movements to, from, and throughout the site; and how waste is to be collected and removed from the site.

Miscellaneous

18. The site is to be maintained in a clean and orderly state at all times.


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are to be housed, screened and located so that these do not cause environmental nuisance or harm to the residential uses on surrounding sites.

20. The existing amenities block at the rear of the existing building is to be securely

locked at all times. Attachments: 1. Nil Tabled Items: 1. Nil Report Prepared by: Planning Officer


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G/5.4.6 COUNCIL SUBMISSION ON DRAFT QUEENSLAND

PLANNING PROVISIONS VERSION 3.0 Responsible Officer: Manager Regional Strategy Council Meeting Date: 15 November 2011 Executive Summary: The draft Queensland Planning Provisions version 3.0 is on public exhibition for the period 31 October 2011 to 25 November 2011. Council officers have prepared a recommended submission, as attached, in regards to Council’s interests. Background: The Queensland Planning Provisions (QPP) came into effect under the Sustainable Planning Act 2009 (SPA). Section 54 of the SPA allows the Minister to make standard planning scheme provisions, being the QPP. QPP version 1.0 commenced on 18 December 2009 and QPP version 2.0 followed in October 2010. Generally speaking, the QPP version 3.0 represents a refinement of the preceding versions rather than wholesale change. On Monday 31 October 2011, the draft Queensland Planning Provisions (QPP) version 3.0 commenced a public exhibition period, with submissions closing on Friday 25 November 2011 (20 business days). In response, the attached submission has been prepared in regard to Council’s interests. Comment: It is recommended that the attached submission be endorsed for lodgement. Alternatives Considered: Nil. Link to Corporate/Operational Plan: Nil. Communication/Consultation (Internal/External): This item was discussed with Council at the Briefing Meeting of 8 November 2011. Legal Implications (statutory basis, legal risks): Nil. Policy/Local Law/Delegation Implications: Nil. Financial and Resource Implications:


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Nil. Asset Management Implications: Nil. Environmental Implications: Nil. Officer's Recommendation: That Council endorse the lodgement of the attached submission in respect of the draft Queensland Planning Provisions version 3.0. Attachments: 1. Submission on draft QPP version 3.0 Tabled Items: 1. Nil Report Prepared by: Senior Planning Officer


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G/5.4.7 PROPOSED TOOLOOA URBAN DEVELOPMENT AREA Responsible Officer: Manager Regional Strategy Council Meeting Date: 15 November 2011 Executive Summary: Council has been approached by representatives of the Urban Land Development Authority over a proposal to consider a number of State controlled land parcels in the Toolooa area in Gladstone as possibly being declared an Urban Development Area. The Authority has provided a plan identifying the lands in question, and is seeking Council’s support to them undertaking the necessary steps to have the declaration considered by the Government. Council’s support for the declaration will play an important role in determining the Queensland Government’s decision on this matter. Background: As part of the Queensland Government’s response to housing issues in Gladstone, the Queensland Coordinator-General requested State agencies to identify parcels of land in Gladstone that are surplus to requirements. A number of parcels have been identified by various agencies, and it is apparent the Office of the Coordinator-General commenced discussions with the Urban Land Development Authority (ULDA) in relation to dealing with these identified land parcels. The ULDA has then sought to involve Council representatives in the high-level assessment of the proposal. A number of parcels in the Toolooa area are in relatively close proximity to each other, and the question then came as to whether there would be sufficient “surplus” government land to provide the basis for assessment as a proposed Urban Development Area (UDA). All the identified land parcels are in the area generally bound by Philip Street, Gladstone-Benaraby Road, Glen Eden Drive and Glenlyon Road. All are parcels of state land and are a mixture of various reserves, unallocated state land and government held freehold (no private freehold involved). All up the land parcels have an area of approximately 180 hectares. Attached to this report is a map provided by the ULDA which identifies the individual land parcels involved in this exercise. On 3 November a workshop involving ULDA representatives and Gladstone Regional Council was held in Gladstone to give an initial overview of the proposal to Councillors and staff. The workshop followed a conceptual approach to reviewing the issues, as it was acknowledged full assessment would be required to various issues should the proposal attain State Government support. Attributes such as tenure, slope, traffic, zoning, and flood were generally assessed at the workshop, and it was acknowledged that besides a full assessment of these it would also be necessary for native title, endangered vegetation, and water, sewerage and stormwater networks to be properly investigated. However (and subject to the above), it was generally agreed that approximately half of the land area being investigated could possibly prove to be suitable for development for urban purposes. Comment:


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The ULDA has identified a proposed UDA in the Toolooa area. The proposed UDA will be the third within the Gladstone Regional Council boundary if the Queensland Government agrees to the declaration. Agreement by Council to support the declaration of a new UDA at Toolooa will play an important role in progressing the proposed UDA. Should the government continue to deal with all the various land parcels as “surplus” and send them to general auction there would be very little chance of obtaining a coordinated development such as what is achievable by UDA declaration. Continuing down the UDA path does have the potential of providing for a significant number of additional houses within the city area. Alternatives Considered: Nil Link to Corporate/Operational Plan: Corporate Plan Strategy P.1.II Enable a variety of development forms (ie range of lot sizes and building types) that provide opportunities for varied lifestyle choices. Communication/Consultation (Internal/External): Workshop with ULDA representatives and Councillors and Council staff Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Council agrees to write to the Hon Paul Lucas MP, Attorney-General, Minister for Local Government and Special Minister of State and indicate support to the declaration of an Urban Development Area at Toolooa over various state lands as identified on the attached map. Attachments: 1. Map of proposed Toolooa UDA


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Tabled Items: 1. Nil Report Prepared by: Manager Regional Strategy


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G/5.4.8 REDEVELOPMENT OF BOYNE TANNUM COUNTRY CLUB

PRECINCT Responsible Officer: Director Planning and Environment Council Meeting Date: 15 November 2011 Executive Summary: This report provides information on the status of negotiations with Boyne Tannum Pty Ltd to extend the sale contract for the purchase of Boyne Tannum Country Club Precinct and recommends that Council support an extended contract. Background: In October 2004, the former Calliope Shire Council (Council) invited tenders for the purchase and redevelopment of the Boyne Tannum Country Club premises and adjacent land. The overall outcomes sought by Council were to facilitate the provision of future sport and recreation facilities for the Boyne Island and Tannum Sands community by maximising the commercial return to Council from the redevelopment of the precinct. On 20 February 2007, the former Calliope Shire Council entered into a sale agreement with Boyne Tannum Pty Ltd (the Developer) to facilitate the development of an integrated master planned residential community and for the Developer to provide public recreation facilities on the balance of the site. Under the terms of the agreement, both parties were required to meet conditions precedent to the sale by 20 February 2010. As these conditions were not fulfilled within the specified timeframe, a Second Amendment of Sale Agreement was negotiated. Under the terms of the amended agreement, the Condition Precedent deadline for the Stage 1 Precinct was revised to 30 June 2011, however this deadline has since past with conditions remaining unfulfilled. Comment: Negotiations to enter into a third amendment to the Sale Agreement have been ongoing since May 2011. On 5 October 2011 advice was received from the legal counsel representing the Developer, seeking an extension of time for compliance with all of the conditions precedent in the Sale Agreement to 31 March 2012. It was proposed that the contract become unconditional on this date, with settlement of the Stage 1 purchase price on or before 90 days from 31 March 2012. Although Development Approvals are yet to be obtained and remain one of the primary outstanding conditions delaying contract settlement, considerable effort and resources have been allocated to progressing outstanding matters in recent months. Since August 2011 the Developer has also taken over responsibility for the operation of the golf pro shop and continued to fund Council's operating deficit for golf course maintenance. Total funds contributed by the Developer to golf course maintenance since July 2010 now exceed $300,000.


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While the original outcome sought by Council to provide for future sport and recreation needs has not yet been realised, a third and final contract extension would ensure that all opportunities for achieving this goal with the Developer had been exhausted. If realised, the agreement would deliver public recreation facilities including:

An 18 hole championship golf course A new clubhouse An aquatic centre Two new bowling greens New public park facilities

Funds from the sale of the land would also facilitate the development of Boyne Tannum Sports Park to relocate existing sporting organisations to a new regional facility and cater for expanded use as result of continued population growth. Continued delays impact on the current users of the site, creating uncertainty and preventing the enhancement of existing facilities. It is in the best interests of all parties to commence the redevelopment of the site at the earliest available opportunity. Alternatives Considered: The option of offering the property to market for re-sale has been considered. Risks associated with this approach include a potential lack of interested developers as occurred when the original public tender received only one response. In the current development and construction environment there is also no guarantee that a prospective developer could bring the project to fruition any sooner than Boyne Tannum Pty Ltd. Although Council has the option of retaining the freehold land and developing the public recreation facilities itself, the lack of income to finance construction costs makes this option financially unviable. Link to Corporate/Operational Plan: C.3.6 The region is serviced by a high standard of open space areas, park facilities and sport and recreation facilities. Communication/Consultation (Internal/External): Charles Ware, Robbert Harris & Co and David Shannon, Boyne Tannum Pty Ltd Legal Implications (statutory basis, legal risks): See confidential legal advice attached. Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Settlement of Stage 1 of the contract would provide $3.25 M towards the establishment of Boyne Tannum Sports Park.


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Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That

1. Council resolve to enter into a Third Amendment of Sale Agreement with Boyne Tannum Pty Ltd.

2. Council authorise the CEO to negotiate the terms and conditions of the Third Amendment of Sale Agreement with Boyne Tannum Pty Ltd.

Attachments: 1. Request for contract extension from Boyne Tannum Pty Ltd (Confidential - for

Councillors Only) 2. Confidential legal advice from Robert Harris & Co (Confidential - for Councillors

only) Tabled Items: 1. Nil Report Prepared by: Director Planning and Environment


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G/5.5 CHIEF FINANCIAL OFFICER G/5.5.1 FINANCIAL REPORTS - PERIOD ENDING 31 OCTOBER

2011 Responsible Officer: Chief Financial Officer Council Meeting Date: 15 November 2011 Executive Summary: This report seeks Council adoption of the Monthly Financial Statements for the 2011/2012 year to date, for the period ended 31 October 2011, as required under Section 152 Local Government (Finance, Plans and Reporting) Regulation 2010. Background: Nil Comment: As was the case last month, the major budget variation processed to date refers to funding for investigation and design of the Lilly Hills water reservoir. All departments remain close to, or within, pro-rata projections for both income and expenditure to the end of October, although further variations are expected in the coming months as the budget review process progresses. The consolidated financial statements reflect that Council has levied its annual rates for the period, and therefore continue to show proportionately high rates and utility charges revenue. The receivables figure increased $9.1m during the period to a net movement year to date of $16.7m. This increase in receivables is due largely to funding agreement from the three LNG proponents who are party to the Instrument Landing Systems (ILS) Funding Deed. The cash position correspondingly reduced for the period and continues to be above budgeted levels at $117.2m. The operating result for the year to date is $78.39m, ($70.37m – September), which is reflective of the continuing provision of services and program delivery during the period (year to date reduction of surplus of $9.0m), following the generation of annual rate revenue in the first period of the year. The improvement in this position over the last period has been brought about with the increase in receivables due execution of the ILS Funding deed. Operating Expenses remain well placed with regard to budgetary expectations. Council’s Statement of Financial Position demonstrates two significant items:


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the capital investment made during the period within the Capital Works

in Progress line item, reflecting $25.19m worth of capital expenditure incurred year to date, ($17.5m – September); also

a significant increase in receivables during the period due to invoicing of the ILS proponents, although the receivables figure will continue to reduce over the ensuing months as the general rate revenue is received.

The opening position of the Statement of Financial Position has been updated to reflect the most up to date unaudited financials as at June 30 2011 for inclusion in the October statements. The Projected Closing Balance for this Statement is based on this opening balance plus/minus the recorded movement for the period. Council’s Sustainability Ratios for the period continue to reflect the infancy of the annual reporting period, in that ratios are generally distorted given that Council has raised a large proportion of its revenue for the year, but will incur expenses and deliver its capital program on an incremental basis throughout the year. Comments with respect to the ratios are again incorporated within that section of the Financial Statements attached. All indicators are within budgetary expectations through to the end of October. Alternatives Considered: Nil Link to Corporate/Operational Plan: Nil Communication/Consultation (Internal/External): Nil Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil


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Officer's Recommendation: That Council adopt the Monthly Financial Statements for the 2011/2012 year to date, for the period ended 31 October 2011, as required under Section 152 Local Government (Finance, Plans and Reporting) Regulation 2010. Attachments: 1. Monthly Financial Statement for period ended 31 October 2011. Tabled Items: 1. Nil Report Prepared by: Principal Accountant Management


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G/6 COUNCILLOR REPORTS G/6.1 COUNCILLOR REPORT Responsible Officer: Chief Executive Officer Council Meeting Date: 15th November 2011 Executive Summary: Cr Sellers submits the following report. Background: Councillor Report: Gladstone Fish Health The Gladstone Fish Health Oversight Group, formerly the Control Group comprises representatives from DEEDI, DERM, Fisheries Qld, Safe Food Qld, Bio Security, Qld Health, GPC and includes Liz Cunningham Member for Gladstone, Ken O’Dowd Member for Flynn, Gladstone Regional Council – CEO and Mayor. Meetings are to be held on a Monday. The Scientific Advisory Panel appointed to give oversight to the investigation of the Fish Health in the Harbour was to visit Gladstone Regional Council on the 16th November with an invitation to Member for Flynn Ken O’Dowd and Member for Gladstone Liz Cunningham. A new date will be advised as soon as possible. Gladstone Youth Music Council Maureen McIntyre the GYMC President for the last nine years is moving to Brisbane. She has given an outstanding contribution and commitment to Education Queensland's Instrumental Music Programme as a volunteer. She has been successful in building the annual Workshops and a very successful Instrumental Music Programme. 2011 Rio Tinto Alcan Martin Hanson Memorial Art Awards The judge for this year was Dr Campbell Gray, Director, the University of Queensland Art Museum. He was very generous of his time and gave a talk at the Sponsors Night on Friday evening, judged the Awards, delivered his floor talk and gave an illustrated lecture. This year many of the winners were locals and most of the winners were present. This is very pleasing. The Winners for 2011 are: Rio Tinto Alcan Martin Hanson Memorial Art Award $10,000

Mostyn Bramley-Moore - Eenie Creek & Sugar Road Wide Bay Australia Ltd. Local Artist Award $1,200

Belynda (Bindi) Waugh - Those Things We cannot Hold are the Things We Often Lose

South Gladstone Rotary Multitrade Youth Artist Award $750

Bronte Roper -You Beauty


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Murri Artist Award $750

Belynda (Bindi) Waugh - Native Title Series II 1. Where's Your Country 2. Who's Your Mob 3. One of us - or Not 4.Fighting Amongst Ourselves 5. Ending up with Bits

SECTION ONE: EASEL PAINTINGS Queensland Energy Resources Ltd. Award $2,000

Geoffrey Head - Wedding Party Christian Thomsen Award $750

Dave Machen - Ghost in the Church Gladstone Picture Framing Award (Open order) $500.00

Beryl Wood - Street Party SECTION TWO: WORKS ON PAPER Queensland Alumina Ltd. Award $2,000

Catherine McCue Boes - Preserved in Australia The LauraLou Jay Memorial Award $750

Lynn Clifford - Tanks Australia Pacific LNG Award $500

Katrina Elliott - Mistranslation SECTION THREE: THREE DIMENSIONAL & FIBRE WORKS Gladstone Ports Corporation Award $2,000

Johanna DeMaine - Being and Becoming Trevor McMaster Refrigeration Award $750

Wendy Shoenfisch-Young - Reformation Series Gladstone Printing Services Award $500

Dan Carlyon - Cement Mixer Under Tree: One Night During a Storm the Cruel Hand of Mother Nature Took Out Our Trusty Cement Mixer

Saiki Sister City Visit Our Group had a memorable time in Saiki and were amazed at the hospitality of the Mayor, Council and the citizens. Officer's Recommendation: That The report be received.


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Attachments: 1. Nil Tabled Items: 1. Nil Report Prepared by: Mayor Cr Gail Sellers


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G/7 QUESTIONS FROM THE PUBLIC GALLERY Nil. G/8 CONFIDENTIAL ITEMS Nil. Double Click Here to insert the <CLOSURE>


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ATTACHMENTS

schedule g - definitions - home - gladstone … g - definitions g1 for the purposes of this...

Documents