City Planing Committee Meering 14 October 2015
Transcription
City Planing Committee Meering 14 October 2015
706 Adopted Report of the City Planning Committee Meeting held Wednesday 14 October 2015 at 9am Council of the City of Gold Coast Chambers 135 Bundall Road, Surfers Paradise Vision Inspired by lifestyle. Driven by Opportunity 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 2 Adopted Report Index Adopted Report of 706 City Planning Committee Meeting Wednesday 14 October 2015 at 9am Item Direct Div: File Page Subject City Development Branch 1# P&E 10 PN62857/01/DA2 5 Development Permit For Material Change Of Use (Impact Assessment) For Apartments (24 Units) - Lot 9 On RP42887 - 14 Cannes Avenue, Surfers Paradise Division 10 2 P&E 1 PN149285/01/DA1 132 Development Permit For A Material Change Of Use (Code Assessable) For A Telecommunication Facility Lot 2 On RP198902 - 40 Jenkins Court, Upper Coomera – Division 1 3 P&E 7 PN51033/01/DA2 168 Development Permit For A Material Change Of Use (Impact Assessment) For A Childcare Centre - Lot 12 On RP87176 And Lot 13 On RP87176 - 92 Slatyer Avenue, Bundall – Division 7 4# P&E 14 PN5921/01/DA2 250 Development Permit For Material Change Of Use (Impact Assessment) For Apartments (28 Dwelling Units) - Lot 311 On B7082 -106 Pacific Parade, Bilinga Division 14 5# P&E PN301967/01/DA1 350 Development Permit For Material Change Of Use (Impact Assessment) For A Salvage Yard Lot 26 On Sp204791 - 42 - 44 Union Circuit, Yatala – Division 1 City Planning Branch 1 6 P&E TT1017/113/21/04(P1) 410 Request For A Review Of The Policy Relating To Resident Permit Parking 7 P&E CE196/696/04(P1) 419 Nature Conservation Assistance Program - 2015-16 Funding Recommendations General Business 8 P&E PD97/-/-(P16) #Officer's Recommendation changed by Committee 420 Consideration of Major Assessment applications 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 3 Adopted Report KEY: CEO CMS EDMP CI - Chief Executive Officer Community Services Economic Development & Major Projects City Infrastructure GCW OS P&E - Gold Coast Water Organisational Services Planning & Environment 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 4 Adopted Report ADOPTION BY COUNCIL 20 OCTOBER 2015 RESOLUTION G15.1020.023 moved Cr Caldwell seconded Cr Robbins That the Report of the City Planning Committee’s Recommendations of Wednesday, 14 October 2015, numbered CP15.1014.001 to CP15.1014.008, be adopted with the exception of:Recommendation Number CP15.1014.001 which was specifically resolved. CARRIED ATTENDANCE Cr C M Caldwell Cr A J D Bell Cr G J Betts Cr D Gates Cr W M A Owen-Jones Cr C L Robbins Cr P A Taylor Cr T R Tate Chairperson Mrs D Currie Ms A Swain Ms K Mahoney Ms Z Meha Director Planning & Environment Manager City Development Manager City Planning Manager Business Support Mayor (arrived at meeting at 1015am, left at 10.25am) The meeting adjourned at 10.18am and reconvened at 10.25am APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Nil 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 5 Adopted Report ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (24 UNITS) - LOT 9 ON RP42887 - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Refer 10 page attachment 1 OVERVIEW Site address 14 Cannes Avenue, Surfers Paradise Application description Development Permit for Material Change of Use for Apartments (24 units) Decision due date 26 October 2015 The development involves the establishment of a ten (10) storey Apartment building, with a total of 24 units. The Apartment building provides 24, two (2) bedroom units, with a total of 48 bedrooms. The Apartments range in size from 85m² to 98m² (excluding balconies). Summary of Development Parameters Total Apartments 24 units Building Height 10 storeys (as technically defined by the Planning Scheme), with a maximum height of 32.5 metres. • 2 levels of car parking (ground level and level 1). • 8 residential levels of apartments. • Roof top terrace. Proposal Apartment Gross Floor Area 3,108m² Plot Ratio 3.6:1 Total Bedrooms 48 bedrooms (24 x 2 bedroom units). Residential Density 1 bedroom per 17.92m² 1 dwelling per 35.83m² Site Coverage Ground- 63% Car Parking and Bicycle Parking Tower- 48% • 24 resident car parks provided on site and 3 visitor car parks to be accommodated on street. • 28 bicycle spaces. Communal Open Space • 187m² roof top terrace. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 6 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Issue Main Issues/Resolution Building Density- exceeding the Code Assessable density provision of RD5 (1 bedroom per 50m²). Resolution Supported- appropriate outcome achieved. The Applicant is proposing a total of 48 bedrooms or 1 bedroom per 17.92m². Based on the site area of 860m², the Code Assessable density of RD5, would allow for the establishment of 17.2 bedrooms. The design of the development ensures a built form outcome that is not visually intrusive or detrimental to the existing streetscape character. Sufficient setbacks and landscaping are provided to both adjoining properties and to the Cannes Avenue frontage. The site is within a 245 metre walking distance to a light rail station and review of technical reports indicates that adequate infrastructure capacity exists to accommodate the development. Building Setbacks and Site Coverage- exceeds the Acceptable Solutions prescribed by the Planning Scheme. Supported- appropriate outcome achieved. The building is well separated from existing properties and the built form is not considered to be austere, bulky or visually intrusive and the development is seen to contribute to and enhance the existing streetscape character. Sufficient landscape treatments provide an aesthetically pleasing outcome to adjoining properties, with the built form designed in a manner that best addresses the site configuration. Plot Ratio- exceeding the basic plot ratio of 1.23:1 as prescribed by the Acceptable Solution. Supported- appropriate outcome achieved. The Applicant has utilised Planning Scheme Policy 18 to provide public benefit worthy of gross floor area bonuses. The Applicant is proposing $44,300 for urban improvements to the war memorial 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 7 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 located at Cascade Gardens, Broadbeach. $5,700 is proposed as a contribution for the future expansion of the existing footpath network in the neighbourhood and a contribution of $15,000 is proposed for the planting of 30 additional street trees along Cannes Avenue and Genoa Street. The Applicant has also been granted bonuses for architectural merit associated with good building design. The relevant Council departments have reviewed the proposed contributions and confirm all are welcomed contributions. Communal Open Spaceprovided in the form of a roof top terrace. Supported- appropriate outcome achieved. Car Parking- the Acceptable Solution requires the provision of 44 car parking spaces for residents and six (6) spaces for visitors. Supported- appropriate outcome achieved. Transport Assessment have reviewed the proposal and consider the number of car parking spaces proposed acceptable due to the site’s proximity (245m) to a light rail station, the existing bus stops and to Surfers Paradise and Broadbeach which are both considered Activity Centres. The Applicant has provided 24 spaces on site for the use of residents (1 space per unit) and due to the size of the site’s frontage Transport Assessment have accepted that three (3) spaces for visitors be accommodated on street, at a rate of 1 space per 10 units. Objections Support The designated communal roof top terrace provides a useable recreational area to service the needs of residents and guests. Submissions One (1) not properly made objection. Key issues raised by submitters Building height, building density, overshadowing, building setbacks, amenity, traffic and car parking. Referral agencies Not Applicable Nil. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 8 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer's recommendation Approval REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT 6.1 Characteristics of site 6.2 Characteristics of surrounding environment 7 PLANNING ASSESSMENT 7.1 Draft City Plan 2015 7.2 Assessment against Gold Coast Planning Scheme 2003 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 RELEVANT INTERNAL REFERRALS 11.1 Health and Regulatory Services 11.2 Transport Assessment 11.3 Subdivision Engineering 11.4 Open Space Assessment 11.5 Architect 11.6 Gold Coast Water 11.7 City Infrastructure 11.8 Plumbing and Drainage 11.9 Environmental Assessment 11.10 Operational Works 11.11 Hydraulics and Water Quality 11.13 Arborist 11.14 Landscape Assessment 12 EXTERNAL REFERRALS 13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 2 EXECUTIVE SUMMARY Council is in receipt of an application for a Development Permit for Material Change of Use (Impact Assessment) for Apartments (24 units), located at 14 Cannes Avenue, Surfers Paradise, properly described as Lot 9 on RP42887. Pursuant to the Gold Coast Planning Scheme 2003, the subject site is located within the Residential Choice Domain. According to the Material Change of Use Table of Development A, Apartment is a listed Code Assessable land use. A review of the overlay provisions listed within the Material Change of Use Table of Development B indicates that the subject site has a Code Assessable building height of 30 storeys and a designated residential density of RD5, being 1 bedroom per 50m² of net site area. The development proposes a building height of ten (10) storeys and a residential density of 1 bedroom per 17.92m² of net site area. Although complying with the Code Assessable building height provision, the proposed development exceeds the RD5 density designation under the Overlay Map OM4- Residential Density, and is therefore subject to Impact Assessment. The proposed development has been assessed against the Residential Choice Domain Place Code and all applicable Specific Development Codes and Constraint Codes of the Gold Coast Planning Scheme 2003. An assessment of the application has determined that although a number of alternative solutions are sought, the proposed development is considered to comply with all applicable Codes, and therefore, an appropriate outcome can be achieved for the site. The development complies with the intent of the Residential Choice Domain, and where required, conditions have been included in the Officer’s recommendation to ensure compliance with the relevant Performance Criteria. Considerations of the proposed Alternative Solutions are discussed within the report. In response to public notification, no properly made submissions were received. One (1) not properly made submission was received which raised points of objection relating to building height, building density, overshadowing, building setbacks, amenity, traffic and car parking. The concerns have been addressed in this report as common material and suitable conditions have been included in the Officer’s recommendation to address each concern where appropriate. Furthermore, the concerns do not warrant the refusal of this application. The application did not trigger referral to the Department of Infrastructure, Local Government and Planning. It is recommended the application be approved, subject to the conditions of approval provided in the Officer’s recommendation. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 10 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 3 APPLICATION INFORMATION Real property description Lot 9 on RP42887 Applicant Hoozoom Pty Ltd C/- Place Design Group Owner at time of lodgement Hoozoom Pty Ltd Current owner Hoozoom Pty Ltd Site area 860m² Date application received 5 May 2015 Date entered decision 20 August 2015 Domain Residential Choice Domain Draft City Plan 2015 High Density Residential Zone State planning policies Not Applicable- refer to section 8 Decision type Development Permit for Material Change of Use for Apartments (24 units) 4 BACKGROUND There is no relevant background history to note. 5 PROPOSAL The Applicant is seeking a Development Permit for Material Change of Use for Apartments. Image 1- Proposed development showing 2 vehicle crossings fronting Cannes Avenue The development involves the establishment of a ten (10) storey Apartment building, with a total of 24 units. The development proposes a maximum height of 32.5 metres and will accommodate two (2) levels of car parking, with eight (8) levels of residential units in addition to a roof top terrace. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 11 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 2- Proposed development fronting Cannes Avenue The Apartment building provides 24, two (2) bedroom units, with a total of 48 bedrooms. The Apartments range in size from 85m² to 98m² (excluding balconies). The development proposes a gross floor area of 3,108m² and a plot ratio of 3.6:1. Car Parking In total, 27 car parking spaces are proposed to service the development. 24 of these spaces are provided on site and are designated to residents, with the three (3) visitor spaces to be accommodated on street directly adjacent to the site’s boundary. A total of 28 bicycle spaces are provided on site to service the development. Ground Level Vehicle access to the site is proposed via two (2) separate vehicle crossovers off Cannes Avenue. The southern crossover provides access to the ground level car park which accommodates a total of 13 resident car parking spaces and 22 bicycle spaces. An additional four (4) visitor bicycle spaces are provided to the Cannes Avenue frontage. The ground level of the development also accommodates services, an internal lift, lobby, bin storage and the temporary service point. A separate pedestrian access point is also provided from the Cannes Avenue frontage to the development’s lobby. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 12 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 3- Site Plan Level 1 The northern crossover provides access off Cannes Avenue up a vehicle ramp to the elevated car park that accommodates eleven (11) designated resident car parking spaces. Level 1 also accommodates an additional two (2) bicycle spaces and houses the internal lift and plant room. The edges of the car park level will be appropriately treated by using a variety of materials and textures to create visual interest. Landscaping is also proposed to soften the visual appearance of the car park when viewed external to the site. Level 2 and Level 9 These floors provide three (3), two (2) bedroom units ranging in size from 80m² to 92m², in addition to balconies that are between 13m² and 30m² in area. Level 3 to Level 8 These floors contain three (3), two (2) bedroom units ranging in size from 85m² to 98m², in addition to balconies that are between 13m² and 30m² in area. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 13 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 4- Typical Floor Plan Level 10 (Roof Top) The unclosed roof top terrace provides 187m² of communal open space. This includes the provision of a BBQ, communal dining area, artificial turf area and ancillary landscaping and feature shade trees. The roof top also accommodates some plant equipment. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 14 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 5- Proposed roof top terrace Building Setbacks Due to the site configuration, proposed building form and articulated façade, setbacks vary to each boundary as detailed below. The measurements listed below represent the minimum setbacks proposed and in all cases significantly larger setbacks are achieved to the abovementioned boundaries. As such, the plans referenced within Condition 1 should be reviewed simultaneously when reading the below table. Table 1: Setbacks Boundary Ground Level 1 Level 2-9 Level 10 Cannes Avenue (west) 1m 1m 400m 1m Cannes Avenue (north) 14m 10m 7.8m 18m East 1.1m 1.1m 3m 5m South 1.5m 1.5m 5m 7m Waste Bulk refuse bins are stored on the ground level car park and refuse collection is proposed from Cannes Avenue. On collection days, the site manager will transfer the bins from the store room to the road frontage for collection. Public Benefit Works In an attempt to gain floor space bonuses, the Applicant has proposed public benefit works in the form of $44,300 for urban improvements to the war memorial located at Cascade Gardens, Broadbeach. $5,700 is proposed as a contribution for the future expansion of the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 15 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 existing footpath network in the neighbourhood and a contribution of $15,000 is proposed for the planting of 30 additional street trees along Cannes Avenue and Genoa Street. It should be noted that this street tree planting is in addition to the proposed on site streetscape planting that will include trees three (3) to five (5) metres in height at the time of planting. Stormwater In respect to stormwater quality, the Applicant is proposing a bioretention basin to treat stormwater runoff from the proposed development. In respect to stormwater quantity, as there is no increase in peak flow rates discharging from the site no mitigation measures are required. The proposed development involves works below the designated flood level (3.3m AHD) which will include the construction of a carpark at a level of 2.7m AHD. Water Supply and Sewer The development is proposing to connect to the existing mains located along Cannes Avenue. 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 14 Cannes Avenue, Surfers Paradise, properly described as Lot 9 on RP42887. The site is located within the Residential Choice Domain and totals 860m² in area. Image 6- Subject Site The subject site is currently improved by an existing detached dwelling, carport, shed and family accommodation unit. Access is currently gained via a crossover off Cannes Avenue with a second unused crossing also existing to the street frontage. The site is triangular in shape with a frontage of approximately 55 metres onto Cannes Avenue. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 16 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 The subject site is generally flat in topography, with a slight grade towards Cannes Avenue. Ground levels range from 2.89m AHD in the south eastern corner to 2.02m AHD in the north western corner. The site accommodates some vegetation and two (2) large Poinciana trees exist within the road reserve directly adjoining the site. The site is not encumbered by any easements and water, sewer, stormwater, electrical and telecommunication infrastructure is readily available. Image 7- Facing north along Cannes Avenue (subject site shown on right) Image 8- Facing north along Cannes Avenue (subject site shown on right) 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 17 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 9- Facing south (subject site shown in white) Please refer to Attachment 1 for an aerial photo of the subject site. 6.2 Characteristics of surrounding environment The immediate area is characterised predominately by residential development that varies from low density detached dwellings to high rise apartment buildings. Image 10- Subject site and surrounding zoning 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 18 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 In terms of the immediate locality, the site fronts Cannes Avenue to the north and west. To the north of the site on the opposing side of Cannes Avenue exists Neddy Harper and William Duncan Park. Image 11- Public park located north of the site on the opposing side of Cannes Avenue To the west of the site on the adjoining side of Cannes Avenue exists a three (3) storey detached dwelling. Image 12- Existing detached dwelling located on opposing side of Cannes Avenue Immediately to the east exists a three (3) storey apartment building, with a light rail station also located 245 metres east of the site. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 19 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Adjoining the site to the immediate south exists a three (3) storey apartment building and a detached dwelling. Image 13- Showing southern shared site boundary and adjoining property Located further south with a frontage to both Monaco Street and Cannes Avenue is the existing 15 storey Monaco riverfront apartments. Image 14- Monaco Riverfront apartments 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 20 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 It should also be noted that a Material Change of Use approval for a seven (7) storey Apartment building with a total of 16 units was recently approved at 19 Cannes Avenue, Surfers Paradise, which is located to the south west of the site. Please refer to Attachment 2 for an aerial photo of the subject site in context to surrounding environment. 7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions the regional plan for a designated region The subject site is identified within the urban footprint and as such does not trigger assessment against the South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions. The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. State planning policies (unless appropriately reflected in any relevant regional plan or planning scheme) a structure plan Not Applicable for development in a declared master planned area—all master plans for the area a temporary local planning instrument Not Applicable an earlier preliminary approval to which section 242 applies a planning scheme Not Applicable the infrastructure charge resolution or the priority infrastructure plan. Infrastructure charges for the proposed development are levied under the infrastructure charges resolution by way of an infrastructure charges notice. Not Applicable Not Applicable Refer to section 7.2- Planning Scheme Assessment below. Refer to section 13 below. In addition, the assessment manager must assess the part of the application having regard to: • the common material All common material as defined under SPA 2009 has been considered throughout the assessment. • any development approval for, and any lawful use of, premises the subject of the application or adjacent premises Refer to Section 4 – Background and Section 6 – Site and Surrounding Environment. • any referral agency’s response for the application Not Applicable 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 21 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 7.1 Draft City Plan Pursuant to the Draft City Plan, the subject site is included within the High Density Residential Zone. The site is identified as having no building height limit (as it is subject to design criteria and site context) and has a residential density designation of RD 8 (1 bedroom per 13m² of net site area). Image 15- Subject site designation under Draft City Plan 2015 The subject application was deemed Properly Made with Council on 7 May 2015, with public notification completed and the Decision Making period starting on 20 August 2015. The assessment of the application has been made against the current Planning Scheme being the scheme inforce at the time of the decision making period commencing. 7.2 Assessment against Gold Coast Planning Scheme 2003 Place code Residential Choice Domain Constraint code Specific development code Car Parking, Access and Transport Integration High Rise Residential and Tourist Accommodation Gold Coast Airport and Aviation Facilities Landscape Works Works for Infrastructure Flood Affected Areas Sediment and Erosion Control In summary, the proposed development requires the consideration of the following alternative solutions relating to the following codes: • Residential Choice Domain Place Code − Acceptable Solution AS2.1.3, in relation to density. − Acceptable Solution AS3.1.2, in relation to site coverage. − Acceptable Solution AS4 and AS7, in relation to setbacks. • High Rise Residential and Tourist Accommodation Specific Development Code − Acceptable Solution AS1, in relation to setbacks. − Acceptable Solution AS3.1.1, in relation to site coverage. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 22 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 − Acceptable Solution AS11, in relation to landscape works. − Acceptable Solution AS17.1, in relation to plot ratio. − Acceptable Solution AS19, in relation to shadow. − Acceptable Solution AS22, in relation to communal open space. • Car Parking, Access and Transport Integration Constraint Code − Acceptable Solution AS16, in relation to car parking. Relationship to the Domain or LAP The subject site is located in the Residential Choice Domain. Pursuant to the Planning Scheme, the proposed land use is defined as Apartment: “A dwelling that has another dwelling immediately above or below it. It also includes dwellings contained in mixed use buildings located immediately above, below or abutting non-residential uses. This term does not include an attached dwelling.” An Apartment land use triggers Code Assessment pursuant to Table of Development A (Material Change of Use). However, assessment of the development against the overlay provisions listed within the Material Change of Use Table of Development B indicates that the proposed building density exceeds the Code Assessable threshold (RD5- 1 bedroom per 50m² of net site area) as per Overlay Map OM4- Residential Density and as such triggers Impact Assessment. The intent statement for the Residential Choice Domain reads: “This domain seeks to support the provision of a range of housing choice that is responsive to the changing demographic structure of the City, whilst maintaining an efficient land use pattern. The purpose of this domain is to support the development of a residential pattern comprising mixed dwelling types, including detached dwellings, attached dwellings and apartment buildings that relate well to each other. This domain seeks to: • Support residential densities that are moderately higher than traditional detached dwelling areas; • Facilitate a wide variety of home office, home occupation and residential support services to be located within the domain, commensurate with local residents' needs; and • Achieve a high standard of residential amenity across the range of dwelling types in the domain.” Officer’s Comments: Officers have assessed the proposed development and consider the proposal to comply with the Residential Choice Domain intent. The Apartment land use is envisaged within the Table of Development, and as such is a listed Code Assessable use. The development is only subject to Impact Assessment as a result of the proposed building density. The development provides a residential land use consistent with the established land use pattern within the surrounding area and conducive to the land use pattern envisaged by the intent. Officers have reviewed the development and determined it appropriate in maintaining residential amenity by providing a building height of ten (10) storeys, which is well below the 30 storey Code Assessable height designation. Officers are satisfied that the development 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 23 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 delivers a design outcome that does not adversely impact on the existing amenity of permanent residents residing within the immediate area. Planning Officers and the City Architect’s Office consider the building form to be of a high standard and sympathetic to the adjoining sites. As required by the intent, the development provides a residential density (1 bedroom per 17.92m²) higher than traditional detached dwelling areas. Officers consider the scale and intensity to be consistent with other existing and approved developments within proximity to the site and do not consider the density to result in an overdevelopment of the site. Sufficient parking and bicycle parking is provided to service the development and adequate setbacks to protect privacy of adjoining residents have been provided to the east and south boundaries. Areas for deep planning exist to the frontage of the site and sufficient landscape buffers have been provided to the east and south boundaries. The raised car parking podium has also been well treated in an array of different materials and colours to ensure an appropriate interface is provided to adjoining properties. Officers are also comfortable that adequate landscaping has been provided to ensure an acceptable level of urban amenity. The development provides a two (2) bedroom dwelling unit product in the form of Apartment style living, which will add to the mix of housing product currently provided within the vicinity of the site. Based on the above, Officers have determined the development complies with the intent of the Residential Choice Domain. Compliance with the relevant place code The proposal complies with all of the place code’s acceptable solutions and performance criteria, except as follows: Performance criteria PC2- Accommodation Density Accommodation density must be consistent with the residential character of the local area and contribute to the achievement of a variety of dwelling types in the local area. Acceptable solution AS2.1.3 The site is designated with a specific maximum residential density on Overlay Map OM4 – Residential Density and the development does not exceed the indicated maximum residential density. Officer’s Comments: The Applicant is seeking an alternative solution to AS2.1.3, as the development proposes a density of 1 bedroom per 17.92m² of net site area, which exceeds the Code Assessable density of 1 bedroom per 50m² of net site area. The Applicant is proposing a total of 48 bedrooms, with the Code Assessable density permitting a total of 17.2 bedrooms based on the 860m² site area. In demonstrating compliance with the relevant Performance Criteria, the Applicant is required to firstly illustrate that the proposed density is consistent with the residential character of the local area. Officers are satisfied that the proposed density will not be detrimental to the residential character of the local area and considers the provision of 24 units conducive to the established and envisaged character of this area. The Planning Scheme seeks building heights up to 30 storeys, with the Residential Choice Domain intent seeking the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 24 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 establishment of building densities that are moderately higher than traditional detached dwelling areas, which is what the development achieves. This is supported by a recent Council Decision at 19 Cannes Avenue, Surfers Paradise which gave approval for a 7 storey high rise apartment with a density of 1 bedroom per 32m² of net site area. The proposed development will also provide a range of two (2) bedroom product in a high rise apartment form. This will add variety to the existing dwelling types in the local area, demonstrating compliance with the second portion of the Performance Criteria. In addition to the above, Officers consider the proposed density appropriate for the following reasons: • The site is located in the middle of two (2) Activity Centres, being Surfers Paradise (located 1.8kms) north of the site and Broadbeach (located 1.8kms) south of the site, which have an established image characterised by a concentration of high rise and high density development making up the coastal spine of the City. • The site is located a 245 metre walking distance from a light rail station and a number of bus routes which provides linkages to the coastal strip activity hubs, Griffith University and the Gold Coast to Brisbane heavy railway line. The desire to increase density in and around proximity to these stations aligns with the Gold Coast Rapid Transit Corridor Study. The establishment of higher densities around the corridor are supported as it ensures a sufficient population catchment exists to utilise the infrastructure and encourages the use of active transport. The study expresses the need for high quality residential infill development in order to attract permanent residents back to the urban core. • The residential density does not constitute an overdevelopment of the site. Transport Assessment staff are satisfied that adequate car parking exists to service the development. Sufficient amounts of private open space and communal open space are provided on site, appropriate setbacks are provided to neighbouring properties and the built form ensures an outcome that is not visually intrusive or detrimental to the existing streetscape character. • A number of technical reports have been submitted as part of this application to demonstrate that the proposed development is consistent with planned infrastructure capacities and that the development can be catered for within the existing network. Transport Assessment staff have reviewed the proposal and are satisfied that the existing road network can handle the additional traffic generated as a result of the development. Hydraulic Engineering staff are satisfied that stormwater generated as a result of the development will not have any adverse impact on neighbouring properties and can be accommodated within the existing network. Gold Coast Water have also reviewed the proposal and are satisfied that the existing infrastructure network can cater for and accommodate the proposed density. Based on the above, Officers have determined that the development complies with Performance Criteria 2 of the Residential Choice Domain Place Code. Performance criteria PC3- Site Coverage The site coverage of all buildings must not result in a built form that is bulky and visually intrusive. Acceptable solution AS3.1.2 The site coverage does not exceed 40% of the site area for all other uses. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 25 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: The Applicant is proposing an alternative solution to AS3.1.2, as the site coverage exceeds the 40% provision prescribed by the Planning Scheme. The proposed site cover is as follows: • Ground: 63% • Tower: 48% Upon review of the plans, Officers are satisfied that the proposed site coverage is appropriate, as the design of the development ensures an outcome that is not bulky or visually intrusive. All facades of the development have ensured a building form that is well articulated through the integration of varying materials, the use of balconies, screening and landscaping. Each level of the development has provided an appropriate interface with the street, with elements of depth and a change in materials adding considerable visual interest. In addition to the above, the City’s Architect Office has reviewed the proposed development and provided the following comments in respect to the architectural outcome and design: “The revised application presents as a high quality architectural and urban design outcome. The design is highly articulated with a strong geometric composition, and provides a variety of materials, colours, textures and finishes. The proposal is unique and visually appealing and will enhance the character of the precinct.” Based on the above, Officers consider the development to comply with Performance Criteria 3 of the Residential Choice Domain Place Code. Performance criteria PC4- Building Setback All buildings and covered car parking spaces must provide for setbacks from the street frontage and the side and rear boundaries of the site, which are appropriate to the efficient use of the site and the streetscape character of this domain. Acceptable solution AS4.1.1 The building and covered car parking space is setback not less than six metres from the frontage of the site. AS4.1.2 The building (excluding covered car parking space associated with a Detached Dwelling) is set back from the side and rear boundaries at not less than: a) 1.5 metres, measured from the outermost projection of that part of the building which is 4.5 metres or less above ground level; b) 2 metres, measured from the outermost projection of that part of the building which is greater than 4.5 metres but not greater than 7.5 metres above ground level; c) 2 metres, plus 0.5 metres for every three metres or part thereof, measured from the outermost projection of that part of the building, which is greater than 7.5 metres above ground level. OR AS4.1.3 The building is setback in accordance with a specific development code that provides for a greater building setback. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 26 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: The Applicant is proposing an alternative solution to AS4.1.1 and AS4.1.2 for setback encroachments to all boundaries. For convenience, Officers have summarised the proposed setbacks as per Table 2 below. Table 2: Setbacks Boundary Ground Level 1 Level 2-9 Level 10 Cannes Avenue (west) 1m 1m 400m 1m Cannes Avenue (north) 14m 10m 7.8m 18m East 1.1m 1.1m 3m 5m South 1.5m 1.5m 5m 7m Due to the site configuration, proposed building form and articulated façade, setbacks vary to each boundary as detailed above. The measurements listed below represent the minimum setbacks proposed and significantly larger setbacks are achieved at a number of points to the abovementioned boundaries. As such, the plans referenced within Condition 1 should be reviewed simultaneously when reading the above table and determining the development’s compliance with the above Performance Criteria. North and West boundary (Cannes Avenue) Officers consider the proposed alternative solution to satisfy the Performance Criteria as the development provides a setback from the street that allows efficient use of the site. The reduced setbacks will not result in detrimental impacts to neighbouring properties and the proposed frontage setbacks still allow sufficient room to accommodate all required services associated with the development. Areas of deep planting are provided to the frontage to accommodate trees with a planted height of three (3) metres to enhance the existing streetscape character. East boundary In relation to the property to the east, the adjoining three (3) storey building is setback four (4) metres from the shared boundary, with a driveway located along the entire property boundary providing access to the adjoining building’s ground level car park. To the ground level and level 1 car parking podium, the building is setback 1 metre to the boundary, the tower which accommodates the residential levels is setback a minimum of three (3) metres to achieve a minimum seven (7) metre separation between the proposed development and the existing building to the east. The ground and level 1 car park have been appropriately treated through using a variety of materials and textures that screen the car park and create a degree of visual interest. Screen planting is also proposed which will be 1.5 metres in height at the time of planting, but will grow to three (3) metres in height at maturity. South boundary Two (2) properties adjoin the subject site to the south. The adjoining three (3) storey apartment building at 23 Genoa Street, has an internal driveway located along the shared boundary with the building setback two (2) metres. To the ground level and level 1 car parking podium, the building is setback 1.5 metres to the boundary, the tower which accommodates the residential levels is setback a minimum of five 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 27 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 (5) metres. As such, there exists seven (7) metres of separation between the residential units on site and the existing development at 23 Genoa Street. The second adjoining property at 19 Genoa Street is a detached dwelling setback a minimum of five (5) metres from the shared boundary. The setbacks of the proposed development to this boundary are as mentioned above and therefore a separation distance of approximately ten (10) metres exists. Screening planting is also proposed which will be 1.5 metres in height at the time of planting, but will grow to three (3) metres in height at maturity. Officers consider the proposed building setbacks as sufficient in terms of protecting privacy of adjoining residents. The internal floor layout of the development has been well designed to orientate balconies and main living areas away from these shared boundaries, with the building core, bedrooms or bathrooms mainly located along these boundaries. A review of the plans indicates that the building elements encroaching into the setback area are to help articulate the façade and to provide a building design that creates visual interest to best address the irregular configuration of the site. Based on the above, Officers consider the development to comply with Performance Criteria 4 of the Residential Choice Domain Place Code. Performance criteria PC7- Building Setback All buildings must provide for setbacks from the street frontage and the side and rear boundaries which are appropriate to the efficient use of the site and the streetscape character of this domain. Acceptable solution AS7.1.1 The building is on a subject site designated with a specific maximum building height exceeding two storeys on Overlay Map OM6 – Maximum Building Height and is set back in accordance with AS4.1.1. Officer’s Comments: The Applicant is proposing an alternative solution to AS7.1.1, as the site is designated with a specific maximum building height that exceeds two (2) storeys as identified on Overlay Map OM6 and it does not comply with the setbacks prescribed in AS4.1.1, being six (6) metres from the frontage of the site. As discussed in detail previously, Officers consider the building to provide an appropriate setback from the street frontage and to the adjoining residential properties to allow efficient use of the site and to also maintain the streetscape character of this area. Based on the above, Officers consider the development to comply with Performance Criteria 7 of the Residential Choice Domain Place Code. Performance criteria PC11- Landscape Work Landscaping proposals, for new development, must clearly contribute to the protection and enhancement of the existing dominant visual features of the local area. Acceptable solution AS11 No acceptable solution provided. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 28 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: Council’s Landscape Assessment section has reviewed the proposed development and considers the proposal to comply with the relevant Performance Criteria. Please refer to section 11.4 for comments from Landscape Assessment regarding the development’s compliance with Performance Criteria 11 of the Residential Choice Domain Place Code. Performance criteria PC13- Amenity Protection The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of: Acceptable solution AS13 No acceptable solution provided. a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions. Officer’s Comments: Officers have reviewed the proposed development and consider it to comply with the abovementioned Performance Criteria. Noise and Hours of Operation Council’s Health and Regulatory Services section have assessed the application which included an acoustic report and have concluded that the development will not detract from the amenity of the local area. The Applicant has been conditioned to submit an acoustic compliance report to Council for approval that is prepared by a suitably qualified acoustic consultant. Traffic Transport Assessment staff have conducted an assessment and consider the additional 24 units to generate in the order of nine (9) to 14 additional vehicle trips in the peak hour. The volume of traffic is considered to be insignificant in context of the wider road network. Please refer to section 11.2 for further discussion on issues associated with car parking and traffic. Lighting A standard condition is recommended to ensure any proposed lighting devices are positioned appropriately and shielded, to no cause glare or nuisance to surrounding residents. Signage As the use is residential in nature, no advertising devices are proposed. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 29 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Visual Amenity The visual interest created by the development is a result of the articulated façade, use of balconies and a variety of colours and textures which created strong architectural elements. Officers are also satisfied that sufficient landscaping has been incorporated to enhance the existing streetscape character and to ensure an aesthetically pleasing outcome to adjoining residential properties. Privacy Officers consider the proposed building setbacks sufficient in protecting privacy of adjoining residents. Please refer to discussion in Performance Criteria 4 of the Residential Choice Domain Place Code which demonstrates how privacy is protected and maintained. In respect to fencing, the plans indicate that the existing colourbond fence along the eastern boundary will be retained and to the southern boundary a new colourbond fence will be erected. No front fence is proposed. Odour and Emissions Due to the nature of development, officers do not consider odour and emissions generated as a result of the development to be detrimental to the amenity of the local area. Based on the above, it is considered that the development complies with Performance Criteria 13 of the Residential Choice Domain Place Code. Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development codes: • High Rise Residential and Tourist Accommodation • Landscape Works • Works for Infrastructure The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows: High Rise Residential and Tourist Accommodation Performance criteria PC1- Setbacks AS1.1 All buildings and associated structures must provide for setbacks from the street frontage and the side and rear boundaries, having regard to: The building is set back not less than six metres from the frontage of the site and set back from the side and rear boundaries at not less than: a) the efficient use of the site; a) 1.5 metres to the outermost projection of that part of the building that is 4.5 metres or less above ground level; b) the streetscape character of the local area; c) the existing and future built form of the adjoining sites; d) the separation from neighbouring properties and from frontages to roads. Acceptable solution b) two metres to the outermost projection of that part of the building that is greater than 4.5 metres but not exceeding 7.5 metres above ground level; 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 30 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 High Rise Residential and Tourist Accommodation Performance criteria Acceptable solution c) two metres plus 0.5 metres for every three metres or part thereof to the outermost projection of that part of the building that is more than 7.5 metres above ground level. AS1.2 The building is in excess of 65 metres in height, and is set back six metres plus an additional one metre for every three metres of building height in excess of 65 metres. Officer’s Comments: As noted within Part 7- Introduction to Codes, the provisions of the Residential Choice Domain Place Code take precedence over the provisions of the Specific Development Code. As such, compliance with the Planning Scheme has been assessed and discussed previously when addressing Performance Criteria 4 of the Residential Choice Domain Place Code. Performance criteria PC3- Site Coverage All buildings must be designed to maximise the separation between buildings and open space around buildings, so as to maintain an open character within high rise residential areas. Acceptable solution AS3.1.1 The development is an apartment, residential hotel, serviced apartment building or hostel accommodation, and the site coverage does not exceed 40%. Officer’s Comments: As noted within Part 7- Introduction to Codes, the provisions of the Residential Choice Domain Place Code take precedence over the provisions of the Specific Development Code. As such, compliance with the Planning Scheme has been assessed and discussed previously when addressing Performance Criteria 3 of the Residential Choice Domain Place Code. Performance criteria PC11- Landscape Work The development must include landscaped areas adjoining the frontages of the site which enhance the streetscape and contribute to the desired character of the area. Acceptable solution AS11 The development includes a landscaped area of an average width of three metres, with a minimum width of 1.5 metres, which: a) adjoins all frontages of the site; b) is landscaped so as to be at the same level as, and integrated with, the footpath; c) comprises deep planting of at least fifty percent of this site area. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 31 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: Council’s Landscape Assessment section have reviewed the proposed development and consider the proposal to comply with the relevant Performance Criteria. Please refer to section 11.4 for comments from Landscape Assessment regarding the development’s compliance with Performance Criteria 11 of the Residential Choice Domain Place Code. Performance criteria PC17- Plot Ratio All development must achieve a level of intensity and scale which ensures that an open urban character is maintained, with some bonus in floor space available where identified public benefits are provided and accepted by Council. Regardless of whether bonus floor space is being sought, all development is expected to be designed to a high standard. Development seeking bonuses must have regard to Planning Scheme Policy 18 – Using the Urban Design Bonus Provisions. The maximum plot ratio is not to be exceeded in any circumstance. Acceptable solution AS17.1 The basic plot ratio of the development does not exceed that determined by the addition of Parts A and B from the Table to Acceptable Solution AS17.1, provided that for a resort hotel or a mixed use building a bonus basic plot ratio of up to one can be awarded to accommodate any non-residential land uses located on the first three storeys, unless otherwise provided for by an LAP. (Part B calculations are not to include any storeys used exclusively for non-residential purposes). AS17.2 The development contains two or more buildings on the same site, and the number of storeys used to calculate plot ratio will be that of the tallest building on the site. AS17.3 The maximum plot ratio of the development does not exceed 4:1, unless a different maximum plot ratio is provided by a relevant LAP. AS17.4 The development is a resort hotel or a mixed use building, and the allowable plot ratio is that derived from Parts A and B in the Table to Acceptable Solution AS17.1 above (for the residential component), plus a maximum of one to accommodate any non-residential uses located on the first three storeys above ground level. (Part B calculations are not to include any storeys used exclusively for nonresidential purposes). AS17.5 The development contains two or more buildings on the same site, and the number of storeys used to calculate plot ratio will be that of the tallest building on the site. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 32 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Performance criteria Acceptable solution AS17.6 The total plot ratio of the development does not exceed 4:1, unless a greater maximum plot ratio is allowed by a relevant LAP. Officer’s Comments: The Applicant is proposing an alternative solution as the proposed plot ratio of 3,108m² (3.6:1) exceeds the basic plot (1.226:1 or 1,054.36m²) calculated by using the Part A and Part B formula prescribed within Acceptable Solution AS17.1. As part of the information request, officers requested the Applicant’s plot ratio bonus table be recalculated to remove reference to bonuses that were not supported by Council. This related to a bonus for public safety and a bonus for the development reaching Code Assessable density. The Applicant submitted a revised calculation as noted below. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 33 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 34 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 16- Applicant’s proposed plot ratio Upon review of the above table, officers raised concern with the bonus sought under Section 10.1, for delivering an outstanding building form which results in substantial building costs. This is not a bonus that falls within the scope of Policy 18 and the Applicant has already been awarded bonuses for the proposed building form. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 35 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 The below table represents the plot ratio bonuses calculated and supported by the Assessing Officer. Policy Section Achieved via Floor space bonus Officer Comments Basic Plot Ratio as per AS17.1 Site Area- 860m² 1.226:1 (1,054.36) - 8.1 Urban Improvements Additional planting of street trees along the Cannes Avenue and Genoa Street road reserve as per the below image$15,000 proposed for 30 street trees 4m² per $500 of public benefit= 120m² bonus Officers agree with the proposed contribution. Total Please refer to the image below showing the proposed location of street tree planting. 1,054.36+120 =1,174.36m² Section 9.1 Urban Design The proposed development will add value to the iconic skyline of Surfers Paradise and represent the values of the Gold Coast by being an outstanding design and incorporating landscape elements. Total 8% Officers agree with the proposed contribution. 1,174.36m² x 8%= 93.95m² bonus 1,268.31m² 10-1 Architectural Merit Final Total Innovative range of building materials 10% Officers agree with the proposed contribution. An equivalent 4 star Green Star Rating 15% Officers agree with the proposed contribution. 1,268.31x 25%= 317.078m² bonus 1,585.39m² (1.84:1) GFA difference • Proposed GFA of 3,108m² (3.61:1) • GFA with granted bonuses 1,585.39m² • 3,108m²-1,585.39m² =1,522.61m² (1.77:1) 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 36 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Image 17- Proposed street tree locations Based on the GFA calculation determined above, the Applicant was requested to revisit the proposed plot ratio calculations and due to the size and scale of the development the Applicant was requested to provide additional contributions. As a result, the following contributions were proposed: • $44,300 for urban improvements to the war memorial located at Cascade Gardens, Broadbeach; and • $5,700 for the future expansion of the existing footpath network in the neighbourhood. In total, $65,000 of public benefit works are proposed which is considered reasonable for the scale of development proposed. Officers and the City Architect’s Office have assessed the proposal and consider the proposed development to achieve an appropriate level of intensity of scale. It should also be noted that the maximum plot ratio of 4:1 is not exceeded. Based on the above, the development is considered to comply with Performance Criteria 17 of the High Rise Residential and Tourist Accommodation Specific Development Code. Performance criteria PC19- Shadow The building must be located on the site so as to minimise the period of shadow intrusion onto surrounding sites or other buildings on the same site. Acceptable solution AS19 The shadow cast by the building in a true south direction has a length 0.25 times the height of the building, as measured from ground level adjacent to the southern side of the subject building to the top of the topmost storey, and does not intrude onto any other site, or does not cast shadow onto any other building on the same site. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 37 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: The Applicant is proposing an alternative solution to AS19, as a review of the sun study diagrams illustrate that at 0.25 times the height of the proposed building (when measured from ground level adjacent to the southern side of the subject building), the shadow cast by the proposed development projects approximately two (2) metres into the two (2) adjoining residential properties to the south. Officers are satisfied that the proposed southern shadow impacts provide minimal impact on the surrounding sites. Officers are satisfied that the building has been strategically designed and located on site to minimise the period of shadow intrusion onto surrounding sites. A review of the submitted sun study diagrams of the equinox, winter solstice and summer solstice demonstrate that adequate amounts of either morning or afternoon sun are provided to the adjoining properties to the south and that the shadows do not have a detrimental impact upon these properties. Additionally, the diagrams submitted by the Applicant revealed that the shadow footprint and in turn movement is relatively fast moving across the adjoining sites. It should also be noted that the Code Assessable building height designated to the subject site is 30 storeys, which would generate a significantly larger shadow impact on the southern properties than the ten (10) storey building proposed. Based on the above, officers do not consider the southern shadow to result in unacceptable impacts on the amenity of adjoining residents and consider the development to comply with Performance Criteria 19 of the High Rise Residential and Tourist Accommodation Specific Development Code. Performance criteria PC22- Communal Open Space AS22.1 The development must provide sufficient communal open space on the site, which: The development provides open space for recreation and landscaping purposes at the following rates: a) provides adequate and useable recreational areas required to service the needs of residents or guests of the development; • 11m² for each habitable room within each guest suite of a residential hotel or resort hotel b) aesthetically complements the buildings and enhances the attractiveness of the development. Acceptable solution • 11m² for every 10m², or part thereof, of the area provided for sleeping within hostel accommodation • 22m² for each one bedroom dwelling or bed sitting unit • 35m² for each two bedroom dwelling • 45m² for each dwelling of three or more bedrooms AS22.2 The development includes an open space area of at least 50% of the total open space requirement in one parcel and this parcel, has a maximum length to breadth ratio of 2.5:1. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 38 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Officer’s Comments: The Applicant is proposing an alternative solution to AS22.1 and AS22.2. To demonstrate compliance with AS22.1, the Applicant is required to provide 840m² of communal open space which would prove difficult considering the size of the site is 860m². Due to the site configuration and the design of the tower compliance with AS22.2 is not achieved. The Applicant is proposing a 187m² roof top terrace as communal open space, which Officers consider appropriate to service the units on site. In terms of the immediate area, on the opposing side of Cannes Avenue exists Neddy Harper and William Duncan Park which is 1.28 hectares in area and the site is also located 500 metres from the beach. The site is located in the midst of two (2) Activity Centres being Surfers Paradise (located 1.8kms) north of the site and Broadbeach (located 1.8kms) south of the site providing a range of services to accommodate the needs of residents. Officers are satisfied that adequate facilities exist on site to service the development and that these provide useable and inviting areas to service residents or guests. Officers are also satisfied that the roof top terrace aesthetically complements the building and is not detrimental to the attractiveness of the development. Based on the above, officers consider the development to comply with Performance Criteria 22 of the High Rise Residential and Tourist Accommodation Specific Development Code. Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes: • • • • Car Parking, Access and Transport Integration Gold Coast Airport and Aviation Facilities Flood Affected Areas Sediment and Erosion Control Car Parking, Access and Transport Integration Please refer to section 11.2 for discussion of the development’s compliance with this constraint code. Gold Coast Airport and Aviation Facilities The proposal complies with all of the relevant acceptable solutions and performance criteria. Flood Affected Areas Please refer to section 11.11 for discussion of the development’s compliance with this constraint code. Sediment and Erosion Control Please refer to section 11.11 for discussion of the development’s compliance with this constraint code. Desired environmental outcomes and/or land use themes An apartment is a listed land use within the Residential Choice Domain and as such is a contemplated use, subject to a character and impact assessment. An assessment of the application has revealed that it complies with the intent of the Residential Choice Domain. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 39 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 However, to ensure a transparent assessment, Officers have also undertaken a review of the proposed development against the higher order provisions of the Gold Coast Planning Scheme 2003. Part 2, Division 1, Chapter 1 – Introduction to the Desired Environmental Outcomes identifies the role of Desired Environmental Outcomes. Specifically, this section states: “The Desired Environmental Outcomes (DEOs) are the core of the Planning Scheme. They provide the fundamental context (derived from the foundation research discussed in Part 1, Division 2) for the Planning Strategies that follow in Part 3, and subsequently, for the development assessment codes and other measures contained in the remaining parts of the Planning Scheme. They therefore provide a primary focus or direction for the entire Planning Scheme.” The DEOs are expressed in terms of broad policy outcomes which seek to achieve ecological sustainability for the City as a whole. The DEO’s are separated into three (3) broad policy objectives being: • Ecological Processes; • Economic Development; and • Community Wellbeing. The proposal has been assessed against the following Desired Environmental Outcomes, as these have been identified as having specific relevance to the development application. It is considered that the proposed land use does not compromise any of the relevant DEO’s in the Planning Scheme. Part 2 Division 1 Chapter 3 - Desired Environmental Outcome 2 – Economic Development This DEO seeks to ensure: “Enhanced employment and investment opportunities through better integration of residential and business activity, whilst protecting the residential amenity.” Officer’s Comments: The proposed development will provide the opportunity for employment during construction. The proposed development will see the integration of a land use that is consistent with the existing land use pattern in the immediate area and the submission and review of technical reports has confirmed there will be no detrimental impact upon residential amenity as a result of the proposed development. Based on the above, it is considered the proposed development will not compromise the achievement of Economic Development Desired Environmental Outcome 2. Part 2 Division 1 Chapter 3 - Desired Environmental Outcome 6 – Economic Development This DEO seeks to ensure: “The use and safe operation of existing and committed infrastructure is maximised and future infrastructure is provided efficiently.” Officer’s Comments: The development in the location proposed would benefit from existing infrastructure. In relation to sewer and water capacity, Gold Coast Water has confirmed that Council’s potable water and sewer services are available for connection to the development. The site is 245 metres from a light rail station and existing public transport services (bus stops) and no upgrades to the existing transport network are required to facilitate the increase in density. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 40 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Based on the above, it is considered the proposed development will not compromise the achievement of Economic Development Desired Environmental Outcome 6. Part 2 Division 1 Chapter 4 - Desired Environmental Outcome 1 – Community Wellbeing This DEO seeks to ensure: “The establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for the various communities of Gold Coast City.” Officer’s Comments: The proposed development is considered complementary to the existing residential product and character of the surrounding area as discussed in detail previously. Officers are satisfied that the proposed development not only provides an adequate urban design outcome, but also preserves the existing character in and around the surrounding area. Based on the above, it is considered the proposed development will not compromise the achievement of Community Wellbeing Desired Environmental Outcome 1. Part 2 Division 1 Chapter 4 - Desired Environmental Outcome 3 – Community Wellbeing This DEO seeks to ensure: “The provision of a range of diverse housing choice, including affordable housing, that is responsive to the changing demographic structure of the City's population and promotes equity in access to goods and services.” Officer’s Comments: The proposed development provides 24, two (2) bedroom units and increases housing choice available to the existing market within the City. Based on the above, it is considered the proposed development will not compromise the achievement of Community Wellbeing Desired Environmental Outcome 3. 8 STATE PLANNING POLICIES The State Planning Policy came into effect 2 December 2013. The SPP is a broad and comprehensive statutory planning instrument which enables development, protects our environment and allows communities to grow and prosper. The SPP provides a comprehensive set of principles which underpin Queensland’s planning system to guide local governments and the state government in land use planning and development assessment. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 41 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 The State Interests identified in the SPP are: Image 18- The SPP includes 16 state interests arranged under give broad themes The SPP provides interim development assessment guidelines to ensure state interests not yet appropriately integrated in local government planning schemes are considered in a development application. Officers have reviewed the development application and have determined that no further assessment is required against the SPP. 9 STATE PLANNING REGULATORY PROVISIONS There are no state planning regulatory provisions applicable for this application. 10 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan (SEQRP) is a regional strategic document that sets out a sustainable growth management strategy for the SEQ region to effectively deal with the population growth forecasted for this region. The growth management strategy that underpins the SEQRP seeks to establish sound urban development principles that support a compact, well serviced and efficient urban form that makes efficient use of resources and infrastructure and protects the region’s natural environment. As a result, the ‘Urban Footprint’ identifies the areas within the SEQ region that are potentially suitable for future urban development. The subject application is located within the Urban Footprint Land Use Category and as such is deemed to comply with the South-East Queensland Regional Plan 2009-2031. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 42 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 11 RELEVANT INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 11 May 2015. List of available referrals for reference Health and Regulatory Services Operational Works Transport Assessment Hydraulics and Water Quality Subdivision Engineering Qld Fire and Rescue (Bushfire) Open Space Assessment Arborist Architect Landscape Assessment Gold Coast Water Beaches and Water City Infrastructure Geotechnical Engineering Plumbing and Drainage Social Planning Environmental Assessment From this meeting the application was referred to applicable referrals as discussed below: 11.1 Health and Regulatory Services Health and Regulatory Services provided the following comments: “Acoustics The submitted acoustic report prepared by CRG Acoustics Pty Ltd dated 5 May 2015 (Reference No. crgref: 15022 report) has been reviewed and is found to be satisfactory. Waste Section 3.6 of the submitted Planning Report advises the waste storage area is located at ground level under the garbage chute with the collection point located adjacent to the southern driveway. Waste collection frequency has been calculated as follows: Please be advised that the proposed waste management measures are deemed adequate.” Health and Regulatory Services have assessed the proposed development and consider the development to comply with the relevant codes. Conditions of approval relating to acoustics and waste have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 43 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 11.2 Transport Assessment Transport Assessment provided the following comments: “The applicant seeks a development permit for a ten (10) storey Apartment building. The development proposes 24, two (2) bedroom units. Two points of vehicular access are proposed to Cannes Avenue, to upper and lower level car parking areas. The applicant is seeking approval for car parking provision rates under the draft City Plan 2015 Transport Code. In this regard, the subject site is located in the High Density Residential Zone, within the mapped boundaries of the Transport Hub Area, and is located approximately a 245m walking distance from the Surfers Paradise light rail station. Design of car parking areas Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution PC3 AS3.1 All car parking spaces must be constructed and line marked to the correct size and standard. All car parking spaces and facilities are constructed, sealed, line marked and maintained in accordance with the layout requirements of AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles. Acceptable Solution The curved circulation roadway (southern driveway) providing access to the Ground Level car park has not been designed to standard. In accordance with Figure 2.9 and Table 2.2 of AS2890.1:2004, the roadway should have a minimum outer radius of 11.8 m and a minimum width of 6.7m. Plans show an outer radius of 10m and a width of 6m. The design is therefore non-compliant. The inadequacy of this design is demonstrated by the swept paths provided in Rytenskild Traffic Group’s Response to Council’s Information Request (p. 14-22). Swept paths show that two vehicles are unable to pass, with vehicle pathways shown to conflict at all points, from the entry road to the parking aisle. In addition, swept paths show that a vehicle exiting the parking area does not maintain sufficient clearance to the amended bike storage area, with conflict shown between the corner of the storage room and the vehicle path. Plans submitted with the original application were not fully dimensioned. At Information Request stage, Transport officers therefore requested the applicant to show that all car parking areas were designed to AS2890.1:2004 standards, and to demonstrate that circulation roadways and ramps were designed to allow two vehicles to pass at all locations. Further, it is noted that Rytenskild Traffic Group’s Traffic Impact Assessment report (p. 2-22), submitted with the original application, identified that the circulation roads and ramps would need to be amended to achieve minimum width requirements, to allow two vehicles to pass. No changes have been made to development plans. Compliance with AS3.1 is not achieved. Of note, Rytenskild Traffic Group’s Response to Council’s Information Request now argues that the design is satisfactory, based on a low likelihood of two cars meeting, given the number of parking spaces serviced by the southern driveway (13 spaces). The response also argues that two vehicles can pass at the bottom and top of the ramp. However, swept paths 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 44 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 indicate otherwise. Transport officers are unwilling to accept this rationale given that the design of the driveway is clearly sub-standard, and the level of conflict shown in the swept paths provided. The suggestion in the Rytenskild report for a convex mirror to be installed on the access driveway is considered unsatisfactory, and irrelevant if the driveway were designed to the required standard. Considerate of the fact that the driveway services a relatively small number of parking spaces, Transport Assessment would consider an alternative outcome to providing a 6.7 m wide circulation roadway. It appears that improved manoeuvring could be achieved by modifying the inside radius of the driveway on entry to the site. If this radius was straightened out (i.e. followed a less severe curve), manoeuvring would be improved. In order to demonstrate compliance with AS3.1, an amended plan condition will require modification of the driveway, as described above. The applicant will also be required to provide swept paths showing a B99 vehicle passing a B85 vehicle, based on the revised geometry of the southern driveway. Swept paths should also show that a vehicle leaving the Ground Level parking area does not conflict with the bike store (located along the southern site boundary), with modification of the bike store, if required. Safe vehicular access Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution PC11 AS11.2 All development must make provision for safe access to roads or streets adjacent to the site. Crossovers must be constructed to a standard consistent with the vehicles using the site. Access to roads or streets adjacent to the site is consistent with AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles. Acceptable Solution Figure 3.2 of AS2890.1:2004 prescribes sight distance requirements at access driveways. Based on a 50 km/h speed environment, the subject site would be required to achieve a minimum sight distance of 45m at both access driveways. On-street parking is accommodated, without restriction (except at corners and locations of vehicle crossovers), in Cannes Avenue, which may limit the sight lines available. In this regard, Note 3 of Figure 3.2 in AS2890.1 states that “Parking (on the development side of the road frontage) may need to be restricted on either side of the driveway so that the sight distance required is not obstructed”. However, it is noted that a number of multi-unit residential developments exist within Cannes Avenue, with no parking restrictions to maintain sight lines. In the case of the subject development, if parking restrictions were to be enforced, this would affect kerbside parking outside of the site boundary also. Given that no parking restrictions exist in Cannes Avenue, and that the road provides a relatively slow speed environment (50 km/h with multiple access points), it is considered that an outcome consistent with previous planning decisions is appropriate. Therefore, yellow linemarking to restrict parking will not be conditioned as part of this development application. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 45 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Car parking provision Car Parking, Access and Transport Integration Constraint Code Performance Criteria Acceptable Solution PC16 AS16.1 Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles. Car parking is provided in accordance with the number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1. Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or redevelopment over time to a variety of uses, increased densities or increased employment intensity. Acceptable Solution For 24, two (2)bedroom units, in order to comply with AS16.1, the development would require the provision of 44 car parking spaces for residents, and six (6) spaces for visitors. Plans show provision for 24 parking spaces on-site. Compliance with AS16.1 is not achieved. The applicant proposes an alternate solution to demonstrate compliance with PC16. Performance Criteria The applicant seeks consideration of car parking provision under the draft City Plan 2015 Transport Code. Based on the subject site being located within the High Density Residential Zone, within the mapped boundaries of the Transport Hub Area and approximately 245 m walking distance from the Surfers Paradise Light Rail Station, the draft City Plan rates require the provision of 1 space per unit (24 spaces), in addition to 1 pace per 10 units (3 spaces) for visitors. Development plans show provision for 24 car parking spaces on-site for residents. The applicant proposes that the three required visitor spaces will be accommodated on-street. Given the site’s frontage to Cannes Avenue (approximately 48 m), officers consider that there is ample room to accommodate the three visitor spaces kerbside. Compliance with PC16 is deemed to be achieved. Other Matters Bicycle parking provision As the applicant has appealed to car parking rates under the draft City Plan 2015 Transport Code, the development is also required to provide bicycle parking on-site at the rates prescribed in the draft Code. In this regard, bicycle parking for residents is required at a rate of 1 space per unit (24 spaces). Site plans show 24 bicycle spaces in a secure, lockable arrangement on-site, complying with Austroads Class 2 standards. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 46 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Whilst the draft Code states that visitor bicycle parking should be provided at a rate of 1 space per 3 units, transport officers have accepted an alternative provision rate of 1 space per 6 units for other developments, based on reasons of practicality. Site plans show provision for 4 visitor bikes, achieving compliance with the nominated rate of 1 space per 6 units. Visitor bike spaces comply with Austroads Class 3 standards (bike racks), and are located in proximity to the main site entry, and visible from the streetfront. Compliance with bicycle parking requirements is deemed to be achieved. Pedestrian connectivity There is no pathway located on either side of Cannes Avenue in the immediate vicinity of the subject site. There are segments of pathway constructed on the opposite side of Cannes Avenue, towards the Gold Coast Highway. Given that the site is located in a residential area, a pathway on one side of the roadway only is considered to be appropriate. Given that a pathway is already constructed (in part) on the opposite side of Cannes Avenue, it would be logical for the pathway to continue on that side of the road. This could be conditioned as part of future redevelopments. On this basis, the construction of a footpath within the site frontage to Cannes Avenue is not considered reasonable as it would be provided in isolation, without connection to other pathways. It should be noted that the Planning Officer discussed the above issue with the Applicant. To gain a plot ratio bonus for public works, the Applicant decided to propose a footpath contribution to the divisional fund, which would allow Council at their discretion to undertake works and upgrade this network in the future when required. Traffic impacts The development proposes 24 units, representing in the order of 9-14 nett additional vehicle trips in the peak hour. This volume of traffic is considered to be insignificant in the context of the wider road network and no assessment of development traffic impacts is required. Recommendation Transport Assessment supports the development proposal, subject to the insertion of reasonable and relevant conditions.” It should be noted that in response to draft conditions and the requirement for amended plans to demonstrate compliance with Performance Criteria 3 of the Car Parking, Access and Transport Integration Constraint Code, the Applicant submitted amended plans prior to a decision being made in which Transport Assessment provided the following comments: “The geometry of the driveway has been amended – the driveway has been widened (to 6.8m) which has also served to ‘flatten out’ the inside curve. The driveway width now exceeds the minimum Australian Standard requirements (6.7m), however, the outer radius still appears to be only 10m, whereas AS2890.1:2004 requires an 11.8 m radius (minimum). The geometry looks to be improved. Also, based on the scale of development (24 units), peak trip generation will be low (10 – 15 vehicles per hour). Given the residential nature, traffic flows in and out of the site will be generally tidal (i.e. out in the mornings and in throughout the afternoons). This means that conflict potential (cars passing in opposite directions) will generally be low. Based on the above, Transport Assessment will accept the revised driveway geometry.” 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 47 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Transport Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to car parking, bicycle parking, sight lines to pedestrians and gradients have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.3 Subdivision Engineering Subdivision Engineering has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to telecommunications and electrical supply have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.4 Open Space Assessment Open Space Assessment provided the following comments: “Open Space Assessment note that as part of the plot ratio bonus, the applicant has proposed to improve the amenity surrounding the subject site through additional street tree planting to Cannes Avenue and Genoa Street. Open Space Assessment are generally satisfied with the approach proposed by the applicant and have provided conditions of approval.” Conditions of approval relating to street trees within the public road reserve, a detailed landscape plan for public open space, preparation of a maintenance management plan and the standard of works/ embellishments have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.5 Architect The City Architect’s Office provided the following comments: “The revised development proposal provides more clarification and detail on a number of design elements raised earlier and which merit support and commendation: • The Ground Floor and Level 1 façade treatments have been designed to adequately screen the car parks and internal lighting from view. The proposal incorporates a mixture of feature screening elements ranging from perforated metal screening, aluminium wood grain panelling, integrated landscaping planter boxes that complement and are consistent with the architectural language of the development. These elements increase the building articulation, human scale and fine grain quality of the development. Also the landscaping is now not the sole screening element. • The rooftop screening elements have now been appropriately replaced with feature perforated metal screens rather than relying solely on vertical planted screens. • Entrances have now been provided with covered awnings to provide adequate weather protection for residents and to enhance way finding. • The majority of east and west windows and balconies have now been provided with appropriate sun shading elements which are designed to reduce solar heat absorption to habitable area and form part of the overall architecture. • All air conditioning services and mechanical plant equipment have been recessed and screened, and are designed as part of the architectural language. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 48 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Architecture/ Urban Design Assessment Advice The application seeks bonuses under the Gold Coast Planning Scheme 2003 Policy 18 for the incorporation of a number of urban design and architectural initiatives. In summary, the bonus provisions relating to architecture and urban design are outlined below along with our comments: Section 9.1: Urban Design: Total sought by applicant = 8% / Total supported = 8% a) Use of a range of building materials = 3% The proposed design provides a high quality architectural outcome and warrants merit in providing a visually appealing composition using a range of innovative, engineered building materials such as knotwood aluminium woodgrain wall panelling, use of horizontal and vertical metal louvre screens, glazed balconies, and planted screen walls as a feature of the car park façade and roof b) Incorporation of the 15 Qualities of good urban places = 3% The proposal successfully incorporates a large number of best practice urban design principles outlined under the 15 Qualities of good urban places. These elements include human scale and high level of building articulation and detailing, high quality refined edges, human needs have been provided in the high amenity of liveable spaces, community enhancement through planted screen walls. c) Further public benefit = 2% As mentioned above, the ground floor streetscape design provides a good solution to the interface with the public and private spaces. The proposal to use special feature trees at the street frontages and to replace removed existing Poinciana trees, and large expanses of planter boxes on the ground level has merit as it will assist to soften the building edges and provide greater integration and enhancement to the existing streetscape. Section 10.1: Architectural Merit : Total sought by applicant = 10% / Total supported = 10% a) Innovative &/or expressive use of a range of building materials = 5% The proposed design uses a range of building materials in an innovative and visually appealing composition. There is the use of feature innovative, engineered building materials such as knotwood aluminium woodgrain wall panelling, use of horizontal and vertical metal louvre screens, glazed balconies, and planted screen walls as a feature of the car park façade and roof. b) Architectural quality = 5% The proposed design has a high architectural quality through the achievement of a high quality composition of materials, with bold feature walls which helps to bring the overall scale down and creates a unique visually appealing development. The design incorporates a variety of textures, fine grain detailing, high quality durable materials, colours and integration with mature landscape. Section 10.1: Architectural Merit : Total sought by applicant = 1m2 for $500 or 1,864.8m2 / Not supported as this fall outside of Policy 18 provisions Building Cost Difference The proposal is seeking bonus provisions based on the principle of providing a higher building cost over and above an average building development. Unfortunately the building cost differentiation is not a provision identified in Policy 18 per se, but in principle is covered 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 49 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 in the allocation of innovative and expressive range of building materials and in the overall architectural quality criteria. As identified above, this proposal has been acknowledged as a high quality architectural and urban design outcome and appropriate bonus provisions have been allocated accordingly in these sections. Ecologically sustainable development (ESD): Total sought by applicant=15%/Total supported=15% The proposed design will achieve a 4 star Green Star Design Rating under the Green Building Council of Australia (GBCA) sustainable rating system for apartment building category. This achievement is commendable and through the design will address sustainable measures for energy and water efficiency, the use of sustainable materials, maximising indoor air quality, natural light and ventilation to lobby areas. The revised application presents as a high quality architectural and urban design outcome. The design is highly articulated with a strong geometric composition, and provides a variety of materials, colours, textures and finishes. The proposal is unique and visually appealing and will enhance the character of the precinct. Recommendation The City Architect’s Office has reviewed the plans/drawings submitted and request the applicant address the issues raised in this memorandum in order to support this application.” 11.6 Gold Coast Water Gold Coast Water provided the following comments: “A potable water supply and sewerage capacity assessment has been undertaken for the development by the applicant. There is an existing dwelling onsite. Gold Coast Water recommends conditions of approval.” Gold Coast Water has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to sewerage and water supply reticulation have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.7 City Infrastructure City Infrastructure has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to vehicle crossings and alterations to Council infrastructure have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.8 Plumbing and Drainage Plumbing and Drainage has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to water supply work, fire services and sewerage works have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.9 Environmental Assessment Environmental Assessment provided the following comments: “The subject site is mapped under OM14 as an Acid Sulfate Soil Hazard Area. Neither an acid sulfate soil investigation nor an acid sulfate management plan was submitted as part of this development application. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 50 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Environmental Planning officers are supportive of the proposed development, subject to conditions.” Environmental Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to acid sulfate soils have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.11 Hydraulics and Water Quality Hydraulic Assessment provided the following comments: “The subject site has an area of 860m2. Currently, the site is almost impervious and several buildings are located on the site, which will be demolished. Council’s records show that the subject site is situated below the Council’s designated flood level and influenced by Nerang River flooding. Considering the location of the site as well as the proposed redevelopment, a flood impact assessment is required. The applicant has submitted a “Conceptual Stormwater Management Plan - Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” and a “Flood Hazard Management Plan – Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” both prepared by Knobel Consulting Pty Ltd dated 1 May 2015 in support of the proposal. After reviewing the reports, this section has found that the reports have proposed adequate bio-retention area for the treatment of on-site stormwater runoff from the site. MUSIC model shows that the proposed treatment devices achieve the Council’s pollutant reduction targets. This section recommends that the application can be accepted subject to conditions.” Hydraulic Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to flood management, stormwater management, water quality and erosion and sediment control have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 11.13 Arborist Arboricultural Planning provided the following comments: “A review of the application and site inspection carried out on 13/5/15 by Arboricultural Planning found two mature protected size trees 2 x Delonix regia – Poinciana on the road reserve footpath adjacent to the property boundary and area of works for the proposed 24 unit apartment layout. The applicant had not provided any details on the retention or removal of these two public street trees apart from capturing them in the survey plan. As a result the applicant was requested to submit an Arborist Report Tree Assessment and Tree Management Plan detailing appropriate management for the existing two mature protected size trees 2 x Delonix regia – Poinciana on the road reserve footpath adjacent to the property boundary. The applicant has now responded with an Aborist Report by BIOME dated July 2015. The report has caried out the root exploritory on the subject site and found significant roots within the proposed building foundation to a depth of 600mm (see attachment #1). The propsed developmet will have a significant impact on the strucural stability of these two street trees given they heavily rely on this achoring root mass on the applicant’s land. With the addition of the roadway obstruction from the overhanging canopies, Arboricultural Planning contacted 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 51 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Parks and Recreational Services who agreed given the encroachment of roots into the applicant’s land and canopy obstruction over the roadway, Parks would also agree to removal and replacement due to future insurance issues. Therefore when conditioning the approval, conditions will be required for the submission of an Operational Works Application (Vegetation Works) for any protected vegetation being damaged or removed. Attachment #1: extract from Aborist Report by BIOME dated July 2015.” Arboricultural Assessment has assessed the proposed development and considers the development to comply with the relevant codes. A single condition of approval relating to vegetation works has been recommended. As such, the recommended condition of approval has been reviewed and included in the Officer’s recommendation. 11.14 Landscape Assessment Landscape Assessment has assessed the proposed development and considers the development to comply with the relevant codes. Conditions of approval relating to landscape works on private land have been recommended. As such, the recommended conditions of approval have been reviewed and included in the Officer’s recommendation. 13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which will be attached to the decision notice. Development Infrastructure No trunk infrastructure has been identified from the relevant network owners. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 52 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 14 PUBLIC NOTIFICATION The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009. In response to notification, one (1) not properly made submission was received. The main points of objection are listed, followed by the Officer’s comment. Point of objection Building Height • Conflict with character. Example: “The development is high rise in nature in a medium rise neighbourhood and is out of character with the existing built environment which is dominated by three storey apartment blocks and residential homes, one which has recently sold for $1.2 million.” Building Density • Exceeds Code Assessable density. Example: “The proposed building density exceeds the density under the local government town planning ordinances, as thus contributes to a number of the issues I have raised here.” Overshadowing • Shadow impact on southern property. Example: “The tower will also contribute the overshadowing of the rear portion of the house, making it colder during the months of May to September with a reduced amount of sun light to warm the dwelling.” Officer’s comment As discussed in greater detail in section 7.2, the proposed building height of 10 storeys does not exceed the 30 storey Code Assessable building height designated to the site. Officers and the City Architect’s Office consider the development to comply with the envisaged height and to be consistent with the existing residential character in the surrounding area. Officers consider the development to comply with the relevant Performance Criteria and as such, the above point of objection is not considered valid grounds for the refusal of this application. As discussed in greater detail in section 7.2, the proposed building density is in line with the existing and envisaged residential character. The proposal does not constitute an overdevelopment of the site for reasons previously discussed and adequate infrastructure capacity exists to service the development. The proposed density is encouraged and supported by the site’s proximity (245m) to an existing light rail station, a number of bus routes and its proximity to the two (2) Activity Centres being Surfers Paradise and Broadbeach. Officers consider the development to comply with the relevant Performance Criteria and as such, the above point of objection is not considered valid grounds for the refusal of this application. As discussed in greater detail in section 7.2, Officers acknowledge the shadow generated by the proposed development however a review of sun diagrams for the winter solstice, summer solstice and equinox demonstrate the adjoining properties to the south receive adequate amounts of morning and/ or afternoon sun. It should also be noted that the proposed building height of ten (10) storeys is well below the designated Code Assessable height of 30 storeys, which would have a significantly larger shadowing impact. Officers consider the development to comply with the relevant Performance Criteria and as such, the above point of objection is not considered valid grounds for the refusal of this application. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 53 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 As discussed in greater detail in section 7.2, Officers Building Setbacks consider the development to comply with the relevant • Non-compliant with Performance Criteria for building setbacks. The Acceptable Solutions. development has shown an appropriate interface with Example: landscape screening proposed to adjoining properties where at maturity will reach a height of three (3) metres. “The setbacks for the building The tower also provides sufficient separation to both podium housing the car parking adjoining properties and the internal floor layout of the on the ground and first floor are building has been strategically designed to ensure inconsistent in the reports and balconies and living rooms front Cannes Avenue. vary from 1.0 to 1.5 metres. Officers consider the development to comply with the In either case this set back in relevant Performance Criteria and as such, the above unacceptable.” point of objection is not considered valid grounds for the refusal of this application. Amenity Pedestrian Connection • Pedestrian Pathway. “The traffic report refers to increase pedestrian traffic to the Florida Gardens Light Rail stop. This will create issues on the verge outside the properties along the northern side of Genoa Street as there are no formed footpaths, creating wear and tear and foot traffic damage to the grass verge.” As discussed in greater detail in section 7.2, the proposed development does not result in impacts that are detrimental to the existing area. Officers consider the development to comply with the relevant Performance Criteria and as such, the above point of objection is not considered valid grounds for the refusal of this application. As discussed in greater detail in section 11.2, Transport Assessment provided the following comments: “There is no pathway located on either side of Cannes Avenue in the immediate vicinity of the subject site. There are segments of pathway constructed on the opposite side of Cannes Avenue, towards the Gold Coast Highway. Given that the site is located in a residential area, a pathway on one side of the roadway only is considered to be appropriate. Given that a pathway is already constructed (in part) on the opposite side of Cannes Avenue, it would be logical for the pathway to continue on that side of the road. This could be conditioned as part of future redevelopments. On this basis, the construction of a footpath within the site frontage to Cannes Avenue is not considered reasonable as it would be provided in isolation, without connection to other pathways.” It should be noted that the Planning Officer discussed the above issue with the Applicant. To gain a plot ratio bonus for public works, the Applicant decided to propose a footpath contribution to the divisional fund, which would allow Council at their discretion to undertake works and upgrade this network in the future when required. Council’s City Infrastructure section have calculated that a contribution of $5,700 is required based on the site’s 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 54 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 frontage to Cannes Avenue. As such, the above point of objection is not considered valid grounds for the refusal of this application. As discussed in greater detail in section 11.2, although Car Parking the Applicant is proposing an alternative solution, • Insufficient car parking. Transport Assessment have reviewed the proposal and Example: consider the proposed number of car parking spaces on “Parking in Genoa Street of an site (24 spaces in total, at a rate of 1 space per unit for evening and early morning is residents) appropriate due to the site’s proximity (245m) already a challenge and during to a light rail station and to existing public transport recent road works in Cannes services (bus stops). Due to the size of the site’s Avenue, there was a definite frontage, Transport Assessment are satisfied to accept shortage of parking, so by adding the required three (3) visitor car parking spaces on a further 6-10 cars demanding street, at a rate of 1 space per 10 units. spaces will create permanent Officers consider the development to comply with the evening parking issues, with relevant Performance Criteria and as such, the above many two bedroom units now point of objection is not considered valid grounds for the having more than two cars.” refusal of this application. Misleading information • Inaccuracies within the Applicant’s report. Example: “There is no reference to any dry block homes in the description of the local environs. The report refers to only three storey unit developments and high rise apartments, that by their description would lead Council to believe that it is main access is off either Genoa Street or Cannes Avenue. It should be noted that there is only one high rise apartment block, twelve storeys, that is orientated not to Cannes Avenue but Monaco Street, which provides main vehicle and pedestrian access to this high rise.” Officers have reviewed the Applicant’s town planning report as part of the assessment but did not rely solely upon the facts of the report when making a decision. The Assessing Officer conducted a site inspection to gain an appreciation of the subject site and site context and also completed an independent review of the plans against the relevant Planning Scheme Codes and in no way relied solely upon the facts put forward in the Applicant’s planning report. As such, the above point of objection is not considered valid grounds for the refusal of this application. 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not Applicable. 16 CONCLUSION Council is in receipt of an application for a Development Permit for Material Change of Use (Impact Assessment) for Apartments (24 units). As discussed, the proposed building height complies with the 30 storey Code Assessable designation and Officers are satisfied that the building density is consistent with that of the existing and envisaged character and consider the density supported due to the site’s proximity to existing services and infrastructure. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 55 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Although complying with the Residential Choice Domain intent and the applicable Codes, to ensure a transparent assessment, Officers have also conducted a review of the proposal against the higher order provisions of the Planning Scheme, which revealed the development does not compromise or undermine the achievement of the relevant desired environmental outcomes. In response to public notification, one (1) not properly made submission was received. The points of objection related to building height, building density, overshadowing, building setbacks, amenity, traffic and car parking. The concerns have been addressed in this report as common material and suitable conditions have been included in the Officer’s recommendation to address each concern where appropriate. Furthermore, the concerns do not warrant the refusal of this application. Based on the above, it is recommended that the application be approved, subject to the imposition of reasonable and relevant conditions. 17 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution: Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline. Stormwater (Management Plan) There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline. Property Subject to Flood Inundation Owners and intending purchasers are advised that the property is subject to inundation during extreme storm events. Flood There are development approval conditions applicable in relation to flooding impacts on this lot. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 56 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that: Real property description Lot 9 on RP42887 Address of property 14 Cannes Avenue, Surfers Paradise Area of property 860m² Decision type Development Permit for Material Change of Use (Impact Assessment) for Apartments (24 units) Operational Works- Works for Infrastructure, Operational Works- Advertising Devices, Operational Works- Landscape Works, Operational WorksVegetation Works, Vehicle Crossover Permit, Building Works Further development permits Further compliance permits Water Supply, Sewerage Works, Fire Services Compliance assessment required for documents or works Acid Sulfate Soils NATURE OF DECISION A Council approves the issue of a Development Permit for Material Change of Use for Apartments (24 units), subject to the following conditions: APPROVED DRAWINGS 1 Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No. Rev. Title Date Prepared by 4.2 C Site and Roof Plan Sept 2015 Forgan Smith Architects 4.3 C Architectural Images Sept 2015 Forgan Smith Architects 4.4 C Architectural Images Sept 2015 Forgan Smith Architects 4.5 C West Elevation Sept 2015 Forgan Smith Architects 4.6 C East Elevation Sept 2015 Forgan Smith Architects 4.7 C South Elevation Sept 2015 Forgan Smith Architects 4.8 C Indicative Finishes Sept 2015 Forgan Smith Architects 7.2 C Boundary Interface Plan Sept 2015 Forgan Smith Architects 7.3 C Part Section A Sept 2015 Forgan Smith Architects 7.4 C Part Section B Sept 2015 Forgan Smith Architects 7.5 C Part Section C Sept 2015 Forgan Smith Architects 7.6 C Part Section D Sept 2015 Forgan Smith Architects 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 57 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 7.7 C Front Boundary Interface Sept 2015 Forgan Smith Architects 7.8 C Boundary Elevations Sept 2015 Forgan Smith Architects 7.9 C Boundary Elevations with Trees Sept 2015 Forgan Smith Architects A-01-01 C Ground Level Parking Plan 15/9/2015 Forgan Smith Architects A-01-02 B L1 Parking Plan 15/7/2015 Forgan Smith Architects A-01-03 B L2 Floor Plan 15/7/2015 Forgan Smith Architects A-01-04 B L3 Floor Plan 15/7/2015 Forgan Smith Architects A-01-05 B L4 Floor Plan 15/7/2015 Forgan Smith Architects A-01-06 B L5 Floor Plan 15/7/2015 Forgan Smith Architects A-01-07 B L6 Floor Plan 15/7/2015 Forgan Smith Architects A-01-08 B L7 Floor Plan 15/7/2015 Forgan Smith Architects A-01-09 B L8 Floor Plan 15/7/2015 Forgan Smith Architects A-01-10 B L9 Floor Plan 15/7/2015 Forgan Smith Architects A-01-11 B Roof Plan 15/7/2015 Forgan Smith Architects A-02-01 B South Elevation 15/7/2015 Forgan Smith Architects A-02-02 B East Elevation 15/7/2015 Forgan Smith Architects A-02-03 B North West Elevation 15/7/2015 Forgan Smith Architects A-03-01 A Section A/A and B/B 18/2/2015 Forgan Smith Architects A-20-01 B Unit Type A & Unit Type B 15/7/2015 Forgan Smith Architects A-20-02 B Unit Type C 15/7/2015 Forgan Smith Architects The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. 2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development or operational works application relating to or arising from this development approval. 3 Decision notice and approved plans/drawings to be retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. Timing As indicated within the wording of the condition. Timing At all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 58 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 4 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of the project manager and the site owner; Works intended to be carried out; d e The proposed timetable associated with the works, including expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to Devcom_Operational@goldcoast.qld.gov.au ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/formsapplications.html. 5 Compliance with Land Development Guidelines and operational work development permits Timing After successful completion of any prestart inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site. Timing At all times. Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must: a Be designed, constructed and maintained in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; b In the case of assessable development, be approved by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and c Where any Standard and/or Specification and/or Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Specification, Code or Document is to take precedence. WORKS - COMPLIANCE 6 Certification of compliance All works must be certified by a suitably qualified professional Timing The applicant must submit the certification 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 59 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 prior to the earliest of as complying with the approved plans. compliance assessment For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in of the subdivision plan, the commencement of the field of engineering or science relevant to the works the ‘On Maintenance’ and/or management plan and who has at least two years' period or the experience in management in that field. Where the works commencement of the and/or management plans involve different fields, a certification is required from a suitability qualified professional use. for each separate field. ADVERTISING DEVICES 7 Advertising device approval required No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements. Timing At all times. AMENITY 8 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours. 9 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises. 10 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists. 11 Roof to be non-reflective - Amenity The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer. 12 Treatment The car parking gates, bin storage door, screened temporary bin location and car park gates must be treated in a material and colour approved in Condition 1. 13 Padmount Transformer If a padmount transformer is required, the Applicant must Timing At all times. Timing At all times once the use has commenced. Timing At all times. Timing At all times. Timing Prior to the commencement of use. Timing Prior to the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 60 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 ensure it is screened in the same materials and colours as commencement of use. the proposed building and its location must not result in a loss of landscaping. Note: Initial advice provided by the Applicant confirmed that no padmount transformer is required. BUILT FORM 14 Balconies and podiums to be unenclosed All balconies and podium areas must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice. Timing At all times once the use has commenced. PLOT RATIO BONUSES 15 Plot Ratio Bonuses Prior to the earlier of the issue of Building Approval and the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the Applicant is to demonstrate compliance with or satisfaction of Planning Scheme Policy 18 bonus elements in accordance with the approval. The principle consultant of the respective disciplines related to the design of the development or elements of the development that have been awarded plot bonuses, must provide certification to the satisfaction of Council confirming the development has been constructed in accordance with the approval in regard to implementing and delivering all aspects of the development for which Plot Ratio bonuses were awarded in the approval, including: 8.1- Urban improvements to a minimum value of a $15,000 for a minimum of 30 street trees along Cannes Avenue and Genoa Street as per the requirements of Condition 57. 8.1- Urban improvements (contribution of $5,700 to b allow for expansion of the existing footpath network in the neighbourhood is to be paid to Council. This contribution amount is calculated using Council's standard day labour costings. The Applicant is to contribute the sum of $5700.00 into the trust fund for footpath and bikeways divisional funding account number 74648 (Bikdiv – 10)). c d e 8.1- Urban improvements (contribution of $44,300 towards the war memorial located at Cascade Gardens Broadbeach) The Applicant shall contact Council’s Planning Assessment section for details of payment. 9- Bonus for urban design. 10- Bonus for Architectural Merit (including the achievement of a GBCA 4 star Green Star design rating). Timing Refer to wording within the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 61 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 16 Plot Ratio Bonuses Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the Applicant must demonstrate through the Body Corporate legal arrangements and Community Management Statements, that all aspects and programs of the development for which Plot Ratio bonuses were awarded in the approval are maintained in perpetuity for the life of the development. Timing Refer to wording within the condition. WASTE 17 Waste chute – design and construction The waste chute must be located in accordance with floor plan L1 to L9 prepared by Forgan Smith Architects as referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional reinforcing where necessary at joins, bends and hopper intersections. b Insect and vermin proof. c Constructed and installed to prevent the following during use and operation of the system: i Transmission of vibration to the structure of the premises Excessive odour ii iii Excessive noise to the occupants of the building d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building Code of Australia. e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section. Fitted with a shutter at the base of the chute for closing f off the chute manually during bin exchange and automatically in the case of fire. 18 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with floor plan L1 to L9 prepared by Forgan Smith Architects and referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least Timing Prior to occupation of the development. Timing Prior to occupation of the development. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 62 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 1200 millimetres above finished floor level. b Hopper door must automatically return to the closed position after use. Designed to permit free flow of waste into the chute. c d Constructed so that the diameter or largest dimension of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected. The floor adjacent to the hopper to be paved with a e durable impervious material with a smooth finished surface. 19 Waste storage room – design and construction The waste storage room must be located in accordance with Ground Level Parking Plan prepared by Forgan Smith Architects as referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a b c d e f g h i j k Fire rated and ventilated in accordance with the Building Code of Australia. Insect and vermin proof. The doors must be wide enough to allow for the easy removal of the largest container to be stored. The walls, ceiling, floor and equipment of each waste storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning. The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements. Adequate additional space must be provided for compactors (if applicable). Adequate artificial lighting must be provided. Refrigerated rooms must be fitted with an approved alarm device outside, but controllable only from within the room. Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage). A hose cock must be provided immediately outside the room for cleaning bins and the room. Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute. Timing Prior to occupation of the development. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 63 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 20 Additional Recyclable Storage Adequate storage for recyclable waste must be provided. All users must be able to safety and easily access these area/s. 21 Bulk bins – Servicing Point The bulk bin servicing point must be located in accordance with Section 3.6 of the submitted Planning Report prepared by Place Design Group, dated 22 April 2015 and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a b c d e f Timing At all times. Timing Prior to occupation of the development. Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle. Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas. Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing. Constructed hardstand with a solid concrete base or acceptable equivalent. Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser. Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site. ACOUSTICS 22 Acoustic design and construction / compliance report a b c The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics Pty Ltd dated 5 May 2015 (Reference No. crgref: 15022 report). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in Timing Prior to occupation of the development. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 64 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 accordance with the established noise criteria and recommendations outlined in the approved acoustic report. 23 Driveway and carpark surfaces a b 24 Driveway and carpark areas are to be finished with surface coatings that prevent tyre sequel (an uncoated surface is acceptable). Drainage grating placed over trafficable areas is to be well secured to prevent rattling. Waste collection hours Waste collection must be conducted between the hours of 7am and 6pm only. 25 Roof top communal recreational hours Roof top communal recreational hours are restricted to between 7am and 10pm daily. 26 Floor impact isolation Floor impact isolation to the roof deck /units below must be considered in the design, to ensure that noise annoyance in units below is not caused by people with hard sole shoes walking across the roof deck. The requirements of the Building Code of Australia should be applied. 27 Mechanical plant / Air conditioning Mechanical plant to be designed and installed to comply with the noise criterion presented in section 4.2 of report prepared by CRG Acoustics Pty Ltd dated 5 May 2015 (Reference No. crgref: 15022 report). Timing Prior to occupation of the development Timing At all times Timing At all times Timing Prior to occupation of the development Timing Prior to occupation of the development CAR PARKING AND ACCESS 28 Off street car parking facilities a b c d 29 Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for vehicle parking. A minimum of 24 off-street car parking spaces must be provided, for residents. Off-street car parking facilities must be drained, sealed and line marked. Bicycle parking a Timing Prior to the commencement of the use and at all times. Bicycle parking must be provided and maintained, to the satisfaction of the Chief Executive Officer and at no cost to Council, in accordance with the Cycling Aspects of Austroads Guides (2014) and the following: Timing Prior to the commencement of the use and at all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 65 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 i 24 Class 2 bicycle parking spaces for residents, calculated at the rate of 1 space per dwellings. ii 4 Class 3 bicycle parking spaces for visitors, calculated at the rate of 1 space per 6 dwellings. The bicycle parking spaces are to: b i ii iii iv v vi vii viii 30 Enable wheels and frame to be located to the device without damaging the bicycle; Be located outside pedestrian movement paths; Be accessible from the road; Be arranged so that parking and unparking manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles and opening car doors; Be as close as possible to the cyclists ultimate destination; Be well lit by appropriate existing or new lighting; and Be protected from the weather. Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a 31 Signs and line marking to give direction to bicycle parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided. Sight lines to pedestrians Where a driveway is two lane, two way and meets a property boundary to a public roadway, a clear (triangulated) sight line must be provided and maintained. The sight line must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The area within these sight triangles must be kept clear of obstructions. 32 Internal driveways a b c Timing Prior to the commencement of the use and at all times. The absolute maximum gradient of the internal driveway must not exceed 25% for a length of no more than 20 metres or 20% for lengths greater than 20 metres. The pavement for driveways must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material), surfaced with asphalt and treated in accordance with Condition 38. The design and construction of the pavement for Timing Prior to the commencement of the use and at all times. Timing The RPEQ certification must be provided to Council prior to the commencement of the use on the subject lot. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 66 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 internal (private) roads must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking. d The pavement construction for driveways must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council. VEHICULAR CROSSINGS AND DRIVEWAYS 33 Vehicular crossings a b c A vehicular crossing (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, commercial and multi unit residential. The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s. The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer. Timing Prior to commencement of the use on the site. ROAD RESERVE ALTERATIONS/RECONSTRUCTION 34 Connection to, alteration or realignment of Council infrastructure a b The applicant must, in respect of any connection to, alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works; iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer. Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 67 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. 35 Reconstruction of kerb and channel a b Where kerb and channel is removed or damaged, the applicant must reconstruct the kerb and channel for the full frontage/s of the development site at Cannes Avenue to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council. Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. ELECTRICAL RETICULATION 36 Electricity supply to MCU developments and private estates The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that a Low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve. Any existing overhead electricity lines up to and c including 11kV lines within or bounding the site (i.e. along the adjacent verge of Cannes Avenue) must be removed or placed underground. Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 68 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 37 Telecommunications – MCU The applicant must: a b c Provide underground telecommunications to the subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards). Timing Prior to commencement of the use. LANDSCAPE WORKS ON PRIVATE LAND 38 Detailed landscape plan to be submitted for approval a b The applicant must submit to Council for approval a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or similar landscape design professional; ii Be in general accordance with the Statement of Landscape Intent, being plan no 1515004 SK01sk07, rev C, title Landscape Statement of Intent, date 21/07/2015, prepared by place design group; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; iv Reflect the internal driveway/ pavement treatment shown on drawing 4.2, titled ‘Site and Roof Plan’, Issue C, dated September 2015 Note: Drawing 4.2 referenced above shows the conditioned pavement and internal footpath treatment, whereas the statement of landscape intent shows a superseded pavement treatment; and v Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual. Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 69 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 39 The required landscaping plan must also demonstrate the following: a b c d e f g h i j k l m 40 Feature tree species must be native evergreen canopy shade trees with a minimum bag size of 400 litre at the time of planting; Internal tree species must be native evergreen canopy trees with a minimum bag size of 200 litre at the time of planting; Palm species must be a minimum 3 metres in height at the time of planting; Pandanus species must be multi-headed and a minimum 3 metres in height at the time of planting; Feature shrub species must be a minimum 300mm pot size at the time of planting; Screening/ Buffer shrub species must be a minimum 45litre pot size at the time of planting; All other shrub species must be a minimum 200mm pot size at the time of planting; Planter boxes where large feature trees are to be planted must possess a minimum surface area of 6 square metres; Tree species must be chosen which are suitable for root zones growing in such confined planting locations and salt laden winds; Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan; An automatic irrigation system must be provided to all podium planter boxes; Provide detailed information how stormwater is treated within tree planters / pots effectively and being utilised for irrigation; and The landscape plan must include the approved location and detailed design drawings of the bio-retention system which is required as part of the Stormwater Management for the site. The plan must incorporate an appropriate list of species in the plant schedule, which are suitable for a bio-retention area. Planting densities must match those shown in Council’s Water Sensitive Urban Design Guidelines. Trellis and Facades The applicant must submit with the application for operational work (landscape work), operational details, specifications and a maintenance management plan relating to the, trellis and/or Facades systems. The management plan must: Provide detailed information as to how these vegetative a 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 70 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 systems will maintain consistent irrigation and nutritional requirements according to best horticultural practices; Stipulate a maintenance schedule for these systems; b and Provide details of the minimum standards to which c these systems must be maintained. VEGETATION MANAGEMENT 41 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie decision notice or letter of approval)): The approved MCU / ROL layout plan. a b The approved Landscape Plan with compensatory street tree plantings. c Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained. d A sediment and erosion control and construction management plan. For this condition ‘Protected Vegetation’ is defined as vegetation that is: e equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or f equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP. Note: Council’s Arboricultural Planning section have acknowledged that the two (2) Delonix regia (Poinciana’s) located on the road reserve adjacent to the property boundary will be removed to accommodate the development. However, this Material Change of Use approval does not approve vegetation clearing or damage and an Operational Timing Prior to the commencement of any operational works for vegetation clearing. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 71 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Works application is still required to be submitted to and assessed by Council. HYDRAULICS 42 No loss of floodplain storage The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event. 43 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; No increase in flood levels external to the site; and b c No increase in duration of inundation external to the site that could cause loss or damage. 44 Alteration of overland flow paths Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. 45 Building floor levels a b c 46 Building floor levels of habitable rooms must be at least 300mm above the Council's designated flood level. Building floor levels of garages and non-habitable rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level. b Timing At all times. Timing At all times. Timing At all times. Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level. Flood management plan to be complied with a Timing At all times. The flood emergency management plan being “Flood Hazard Management Plan – Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” prepared by Knobel Consulting Pty Ltd dated 1 May 2015, must be included in the site management scheme / document and its recommendations must be followed by the legal entity or the nominated person, at no cost to Council, during a flood event. The proposed development shall ensure no additional burden on SES and Council’s emergency service during the major flood events. Timing At all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 72 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 47 Flood hazard signage The applicant must install flood warning signs within the proposed development site informing users / visitors of the facility notifying the potential flood hazard at and around the site. The flood signage must also state that the Cannes Avenue in front of the property will be extremely hazardous during major flood events. The flood warning signs must be clearly visible to the occupants / visitors when entering the site. Timing Prior to the commencement of the use of the premises. STORMWATER AND WATER QUALITY 48 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Stormwater Management Plan - Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” prepared by Knobel Consulting Pty Ltd dated 1 May 2015. Timing The certification must be submitted to Council prior to the commencement of the use of the premises. Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009. 49 GPT in the car park area a b 50 The applicant must ensure that stormwater runoff from the car parking area must be treated by gross pollutant trap (hydrocarbon and litter separator), prior to discharging to the bio-retention system/to a lawful point of discharge. b Compliance with (b) to occur prior to the commencement of the use of the premises. Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system. Agreement to remove hydrocarbons for GPT a Timing a) At all times. The applicant must ensure that: i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and ii The gross pollutant trap is maintained so that it functions for its intended purpose. The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition. Timing Prior to the commencement of the use of the premises and then maintained at all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 73 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 51 SQIDs maintenance management plan a A maintenance management plan (MMP) for the stormwater quality improvement devices must be prepared in accordance with Section 13 (Water Sensitive Urban Design Guidelines) of GCCC Land Development Guidelines by a qualified professional (RPEQ or equivalent) b All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-basin) must be undertaken in accordance with the above MMP by the legal entity of the development, at no cost to Council to the satisfaction of Chief Executive Officer. c The applicant must take necessary measures to reflect the requirements of SQID Maintenance Management Plan within the by-laws of the Body Corporate / Community Management Scheme. Timing Prior to commencement of use of the developed site. EROSION AND SEDIMENT CONTROL 52 Erosion and sediment control a Erosion, sediment and dust control measures must be implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). b Sediment control structures (eg. sediment fence) must be placed at the base of all materials imported on-site to mitigate any sediment runoff. c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or nonperforming erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site. Timing During construction/building works. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 74 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 ACID SULFATE SOILS (ASS)/GROUNDWATER 53 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: The presence/absence of acid sulfate soils over the a entire excavation area (ie through soil investigations); b The degree (ie concentration) of acid leachate generating potential of soils; The required soil dosage rates and quantity of lime c required to mitigate acid leachate; and d The potential impacts on surrounding environment features. 54 Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual Version 3.8 (November 2002, Dear et al); and b 55 Conditions of this approval. Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition 53 (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed • The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and • Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils. Compliance assessor: Gold Coast City Council Timing As indicated within the wording of the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 75 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 When the request for compliance assessment must be made Before a development application for operational work. 56 The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications. OPEN SPACE 57 Street trees within public road reserve a b c 58 The applicant must install a total of 30 street trees (with a minimum value of $15,000) within Cannes Avenue, Genoa Street public road reserves generally in accordance with the applicant’s report titled: Response to Information Request (part 1 of 2- page 7), dated 2707-15, prepared by Place Design Group. The final location and species shall be determined through the assessment of the development application for Operational Works (Public Landscape) required by conditions of this approval. All street trees required by conditions of this approval must be shown and approved on the OPW public landscape application and must be installed, established and maintained in accordance with the Gold Coast City Council’ s Planning Scheme Policy 11 – Land Development Guidelines, Policy 12 Landscape Strategy Part 1 – Landscape Character: Guiding the Image of the City and Policy 13 Landscape Strategy Part 2 – Landscape Works Documentation Manual. Detailed landscape plans for public road reserve landscaping to be submitted for approval a b c The applicant must submit to Council for approval detailed landscape plans, by making a development application for operational work (public landscape work). Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or Timing As indicated in the wording of the condition. Timing Prior to any landscape works occurring. Compliance with (d) to occur prior to the commencement of the use of the premises. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 76 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 similar landscape design professional; ii be in general accordance with A Statement of Landscape Intent, being Landscape Statement of Intent – 14 Cannes Avenue, Surfers Paradise, dated July 2015, Ref. No. 1515004, prepared by Place Design Group; and B Response to Information Request (part 1 of 2- page 7), dated 27-07-15, prepared by Place Design Group; iii reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; iv comply with Planning Scheme Policy 13 Landscape Strategy Part 2 - Landscape Works Documentation Manual; v for works in the road reserve – comply with the following requirements: A Trees must not be aligned with side boundaries or where underground services are located; B Tree planting must be set back a minimum of one metre from the nominal kerb line; C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity; D Trees must be kept a minimum distance of two metres laterally from inlet gullies; E Trees must not be planted within twenty metres of the approach side and six metres of the departure side of intersections that are not equipped with traffic signals; F All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and vi for all public open space areas – comply with the following requirements: A Compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated; B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 77 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 and wetland areas must be provided; C All batters to public open space must be constructed to a slope no steeper than 1:6; D All paved areas, including car park areas and shelters, are to be designed to accommodate disability access; The landscape works must be constructed in d accordance with the approved landscape plan. 59 Preparation of maintenance management plan a b c d 60 A maintenance management plan (‘MMP’) of this development approval must be prepared. The MMP must be prepared by a suitably qualified professional. The MMP must be drafted in accordance with Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1). The MMP must be submitted and approved in combination with the Operational Works (Public Landscape) application. ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting. 61 Establishment period for public road reserve landscaping a b c Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of all living components of public road reserve landscaping, to the satisfaction of the Chief Executive Officer, for the duration of a six month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard workmanship; Timing To be submitted with the OPW public landscape application. Timing Prior to the commencement of approved landscape works on site. Timing As indicated within the wording of the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 78 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 ii replace any planted vegetation of poor quality or inappropriate species where used instead of specified species; and maintain all components and their environs. iii 62 On Maintenance’ period for public road reserve planting a b 63 Upon satisfactory completion of the ‘Establishment’ period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: Maintaining open space areas; and i ii For the rectification of defects and any damage that occurs, unless the damage is directly attributable to Council activities. Standard of works/embellishments within public road reserve Works undertaken and embellishments installed within public road reserve must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity. 64 As Constructed data to be submitted The applicant must submit to Council the ‘As Constructed Data’ in accordance with the requirements of the Planning Scheme Policy 11 – Land Development Guidelines. Timing As indicated within the wording of the condition. Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection. Timing Prior to the acceptance by Council of the commencement of the ‘On Maintenance’ period. CONSTRUCTION MANAGEMENT 65 Construction management plan Part A Construction Management Requirements a b The construction management plan must be submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all activities associated with construction (excluding noise Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The approved 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 79 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 construction and dust issues), including but not limited to: management plan must i Vehicle access (including responsibility for maintenance of the defined cartage route) during be complied with and kept on-site at all times hours of construction; during construction ii Traffic management (including loading and works. unloading); iii c d Parking of vehicles (including on site employees and delivery vehicles); Maintenance of safe pedestrian movement iv across the site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management. The construction management plan must demonstrate that: the general public will be adequately protected i from construction activities; ii the building site will be kept clean and tidy to maintain public safety and amenity; and demand for occupation of the street and iii protection of Council assets will be well managed. The approved construction management plan must be complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any f building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. g Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 80 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 66 Noise management a b c d 67 Noise from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The noise management plan must: i be prepared by a suitably qualified acoustic engineer; provide details of expected noise sources; ii iii include an assessment of the predicted noise levels from all proposed construction activities; iv identify the measures and work practices that will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for v monitoring of noise emissions; vi provide details of complaint response procedures that will be adopted; identify the procedures to be adopted for revision vii and review of the noise management plan. The approved noise management plan must be complied with and kept on-site at all times. Dust management a b c The release of dust and particulate matter from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate emissions; iii identify the measures and work practices that will Timing As indicated within the wording of the condition. Timing As indicated within the wording of the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 81 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring and reporting of air emissions; v provide details of complaint response procedures that will be adopted; and vi identify the procedures to be adopted for revision and review of the dust management plan. d The approved dust management plan must be complied with and kept on-site at all times. 68 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road. 69 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic. 70 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: All trucks hauling soil, or fill/excavated material must a have their loads secure and covered; b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads. Timing At all times while works are occurring. Timing At all times while works are occurring. Timing At all times while works are occurring. PLUMBING AND DRAINAGE 71 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any Timing Prior to works occurring. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 82 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: be accompanied by a hydraulic design for all water a services within the property; and b comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 72 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 73 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works within the property; comply with Council’s Waste Management Policy b Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Timing Prior to works occurring. Timing Prior to any on-site sewerage works occurring on site. SEWERAGE 74 Sewer reticulation a The development must be connected to Council’s Timing Prior to commencement 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 83 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 of the use of the sewer reticulation system at no cost to Council. premises. b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system. c The size of the sewer property service connection shall be a minimum 150mm. d An operational works application is required for the construction of the minimum 150mm sized house connection and manhole within Cannes Avenue. 75 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 76 Connection point The existing 300mm main in Cannes Avenue must be used as the connection point, unless otherwise approved by Gold Coast Water. 77 Connections – arrangements with Gold Coast Water All live connections to the existing sewer main or a manhole (MH) are to be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit & Handover Section (phone 1300 694 222) to make arrangements for the connection. 78 Ownership and maintenance of sewerage infrastructure All private sewerage infrastructure internal to this development shall be owned and managed by the principal body corporate/owners. 79 Redundant sewer infrastructure a b 80 Any redundant sewer property service connections within the site or servicing the development must be removed or sealed and capped as directed by Gold Coast Water, at the applicant's cost. The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant's cost. Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council. Timing At all times. Timing Prior to commencement of the use of the premises. Timing Prior to connection to existing infrastructure. Timing At all times. Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises. Timing Prior to works occurring. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 84 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 WATER SUPPLY RETICULATION 81 82 Water supply reticulation (potable only) The development must be connected to Council’s a potable water reticulation system at no cost to Council. b The applicant is responsible for any external works necessary to connect to Council’s potable water reticulation system. Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 83 Connection point The existing 150mm main in Cannes Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water. Timing Prior to commencement of the use of the premises. Timing At all times. Timing Prior to commencement of the use of the premises. 84 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for Council's approval, for water meters 40mm and above; b Following approval of the OPW (if required), make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost; c Make application for GCW to remove any redundant water meters and/or services, at the applicant's cost. Timing Prior to the commencement of use of the premises. 85 Connections – arrangements with Gold Coast Water Timing Prior to connection to existing infrastructure. All live connections to the existing water main are to be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection. 86 Supply standard The applicant must provide water supply to the standard specified in Section 7 of Gold Coast City Council’s Land Development Guidelines and Gold Coast Waters Network Development and Connections Procedure. Timing At all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 85 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 87 Individual sub-metering to be provided The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water. All meters and their locations shall be approved by a Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided. c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft. d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily. 88 Fire loading Fire loading must not exceed 15L/s for two (2) hours for residential uses, unless otherwise approved by Gold Coast Water. 89 Timing At the time of lodgement of the Plumbing and Drainage application. Timing At all times. Ownership and maintenance of water infrastructure Timing All private water infrastructure internal to this development shall be owned and managed by the principal body corporate/owners. At all times. ADVISORY NOTES TO APPLICANT B Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself. C Properly made submissions There were no properly made submissions about the application. D Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 86 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 E Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans. F G Maintenance Management Plan a The MMP is a separate application to be assessed alongside the Operational Works (Public Landscape) application. Submission of the MMP requires the applicant to fill out and submit an application form. A link to the MMP application form can be found on the following City of Gold Coast link; http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf. b Failure to submit this form with the MMP application will result in a not properly made application and or additional charges. It is the applicant's responsibility to inform Council that two applications are being submitted (Public Landscape and MMP) and that two applications require processing by Council's contact officer. Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 87 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA. H Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice. I Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’keefe@apa.com.au. J Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 88 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 K Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00). Author: Authorised by: Sally Taylor Alisha Swain Town Planner Acting Director Planning and Environment 23 September 2015 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 89 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (24 UNITS) - LOT 9 ON RP42887 - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Committee Recommendation Adopted At Council Meeting 20 October 2015 Changed Recommendation COMMITTEE RECOMMENDATION CP15.1014.001 moved Cr Gates seconded Cr Owen-Jones Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to her acceptance of campaign contributions from Place Design Group and her employment at architectural consultant firm, Forgan Smith Architects, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Gates remained in the room. That Council resolves as follows: Real property description Lot 9 on RP42887 Address of property 14 Cannes Avenue, Surfers Paradise Area of property 860m² Decision type Development Permit for Material Change of Use (Impact Assessment) for Apartments (24 units) Operational Works- Works for Infrastructure, Operational Works- Advertising Devices, Operational Works- Landscape Works, Operational WorksVegetation Works, Vehicle Crossover Permit, Building Works Further development permits Further compliance permits Water Supply, Sewerage Works, Fire Services Compliance assessment required for documents or works Acid Sulfate Soils NATURE OF DECISION A Council approves the issue of a Development Permit for Material Change of Use for Apartments (24 units), subject to the following conditions: APPROVED DRAWINGS 1 Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No. Rev. Title Date Prepared by 4.2 C Site and Roof Plan Sept 2015 Forgan Smith Architects 4.3 C Architectural Images Sept 2015 Forgan Smith Architects 4.4 C Architectural Images Sept 2015 Forgan Smith Architects t o eet o ttee t to er eet 9 Adopted Report to er ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 4.5 C West Elevation Sept 2015 Forgan Smith Architects 4.6 C East Elevation Sept 2015 Forgan Smith Architects 4.7 C South Elevation Sept 2015 Forgan Smith Architects 4.8 C Indicative Finishes Sept 2015 Forgan Smith Architects 7.2 C Boundary Interface Plan Sept 2015 Forgan Smith Architects 7.3 C Part Section A Sept 2015 Forgan Smith Architects 7.4 C Part Section B Sept 2015 Forgan Smith Architects 7.5 C Part Section C Sept 2015 Forgan Smith Architects 7.6 C Part Section D Sept 2015 Forgan Smith Architects 7.7 C Front Boundary Interface Sept 2015 Forgan Smith Architects 7.8 C Boundary Elevations Sept 2015 Forgan Smith Architects 7.9 C Boundary Elevations with Trees Sept 2015 Forgan Smith Architects A-01-01 C Ground Level Parking Plan 15/9/2015 Forgan Smith Architects A-01-02 B L1 Parking Plan 15/7/2015 Forgan Smith Architects A-01-03 B L2 Floor Plan 15/7/2015 Forgan Smith Architects A-01-04 B L3 Floor Plan 15/7/2015 Forgan Smith Architects A-01-05 B L4 Floor Plan 15/7/2015 Forgan Smith Architects A-01-06 B L5 Floor Plan 15/7/2015 Forgan Smith Architects A-01-07 B L6 Floor Plan 15/7/2015 Forgan Smith Architects A-01-08 B L7 Floor Plan 15/7/2015 Forgan Smith Architects A-01-09 B L8 Floor Plan 15/7/2015 Forgan Smith Architects A-01-10 B L9 Floor Plan 15/7/2015 Forgan Smith Architects A-01-11 B Roof Plan 15/7/2015 Forgan Smith Architects A-02-01 B South Elevation 15/7/2015 Forgan Smith Architects A-02-02 B East Elevation 15/7/2015 Forgan Smith Architects A-02-03 B North West Elevation 15/7/2015 Forgan Smith Architects A-03-01 A Section A/A and B/B 18/2/2015 Forgan Smith Architects A-20-01 B Unit Type A & Unit Type B 15/7/2015 Forgan Smith Architects A-20-02 B Unit Type C 15/7/2015 Forgan Smith Architects The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. 2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development or operational works application relating to or arising from this development approval. Timing As indicated within the wording of the condition. t t o eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 3 Decision notice and approved plans/drawings to be retained on site Timing At all times. A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. 4 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works, including expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to Devcom_Operational@goldcoast.qld.gov.au ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/formsapplications.html. 5 Compliance with Land Development Guidelines and operational work development permits Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must: a Be designed, constructed and maintained in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; b In the case of assessable development, be approved by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and c Where any Standard and/or Specification and/or Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Timing After successful completion of any prestart inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site. Timing At all times. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Specification, Code or Document is to take precedence. WORKS - COMPLIANCE 6 Certification of compliance All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years' experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field. Timing The applicant must submit the certification prior to the earliest of compliance assessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use. ADVERTISING DEVICES 7 Advertising device approval required No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements. Timing At all times. AMENITY 8 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours. 9 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises. 10 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists. 11 Roof to be non-reflective - Amenity The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer. Timing At all times. Timing At all times once the use has commenced. Timing At all times. Timing At all times. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 12 Treatment The car parking gates, bin storage door, screened temporary bin location and car park gates must be treated in a material and colour approved in Condition 1. 13 Padmount Transformer If a padmount transformer is required, the Applicant must ensure it is screened in the same materials and colours as the proposed building and its location must not result in a loss of landscaping. Note: Initial advice provided by the Applicant confirmed that no padmount transformer is required. Timing Prior to the commencement of use. Timing Prior to the commencement of use. BUILT FORM 14 Balconies and podiums to be unenclosed All balconies and podium areas must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice. Timing At all times once the use has commenced. PLOT RATIO BONUSES 15 Plot Ratio Bonuses Prior to the earlier of the issue of Building Approval and the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the Applicant is to demonstrate compliance with or satisfaction of Planning Scheme Policy 18 bonus elements in accordance with the approval. The principle consultant of the respective disciplines related to the design of the development or elements of the development that have been awarded plot bonuses, must provide certification to the satisfaction of Council confirming the development has been constructed in accordance with the approval in regard to implementing and delivering all aspects of the development for which Plot Ratio bonuses were awarded in the approval, including: a 8.1- Urban improvements to a minimum value of $15,000 for a minimum of 30 street trees along Cannes Avenue and Genoa Street as per the requirements of Condition 57. b 8.1- Urban improvements (contribution of $50,000 to allow for expansion of the existing footpath network in the neighbourhood is to be paid to Council. This contribution amount is calculated using Council's standard day labour costings. The Applicant is to contribute the sum of $50,000.00 into the trust fund for footpath and bikeways divisional funding account number 74648 (Bikdiv – 10)). c 9- Bonus for urban design. d 10- Bonus for Architectural Merit (including the achievement of a GBCA 4 star Green Star design rating). Timing Refer to wording within the condition. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 16 Plot Ratio Bonuses Prior to the issue of a Certificate of Classification, and the development’s occupation and commencement of use, the Applicant must demonstrate through the Body Corporate legal arrangements and Community Management Statements, that all aspects and programs of the development for which Plot Ratio bonuses were awarded in the approval are maintained in perpetuity for the life of the development. Timing Refer to wording within the condition. WASTE 17 Waste chute – design and construction The waste chute must be located in accordance with floor plan L1 to L9 prepared by Forgan Smith Architects as referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional reinforcing where necessary at joins, bends and hopper intersections. b Insect and vermin proof. c Constructed and installed to prevent the following during use and operation of the system: i Transmission of vibration to the structure of the premises ii Excessive odour iii Excessive noise to the occupants of the building d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building Code of Australia. e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section. f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire. 18 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with floor plan L1 to L9 prepared by Forgan Smith Architects and referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least Timing Prior to occupation of the development. Timing Prior to occupation of the development. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 1200 millimetres above finished floor level. b Hopper door must automatically return to the closed position after use. c Designed to permit free flow of waste into the chute. d Constructed so that the diameter or largest dimension of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected. e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface. 19 Waste storage room – design and construction The waste storage room must be located in accordance with Ground Level Parking Plan prepared by Forgan Smith Architects as referenced within Condition 1, and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a b c d e f g h i j k Fire rated and ventilated in accordance with the Building Code of Australia. Insect and vermin proof. The doors must be wide enough to allow for the easy removal of the largest container to be stored. The walls, ceiling, floor and equipment of each waste storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning. The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements. Adequate additional space must be provided for compactors (if applicable). Adequate artificial lighting must be provided. Refrigerated rooms must be fitted with an approved alarm device outside, but controllable only from within the room. Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage). A hose cock must be provided immediately outside the room for cleaning bins and the room. Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute. Timing Prior to occupation of the development. t o eet o ttee t to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 20 Additional Recyclable Storage Adequate storage for recyclable waste must be provided. All users must be able to safety and easily access these area/s. 21 Bulk bins – Servicing Point The bulk bin servicing point must be located in accordance with Section 3.6 of the submitted Planning Report prepared by Place Design Group, dated 22 April 2015 and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a b c d e f Timing At all times. Timing Prior to occupation of the development. Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle. Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas. Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing. Constructed hardstand with a solid concrete base or acceptable equivalent. Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser. Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site. ACOUSTICS 22 Acoustic design and construction / compliance report a b c The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics Pty Ltd dated 5 May 2015 (Reference No. crgref: 15022 report). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in Timing Prior to occupation of the development. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 accordance with the established noise criteria and recommendations outlined in the approved acoustic report. 23 Driveway and carpark surfaces a b 24 Driveway and carpark areas are to be finished with surface coatings that prevent tyre sequel (an uncoated surface is acceptable). Drainage grating placed over trafficable areas is to be well secured to prevent rattling. Waste collection hours Waste collection must be conducted between the hours of 7am and 6pm only. 25 Roof top communal recreational hours Roof top communal recreational hours are restricted to between 7am and 10pm daily. 26 Floor impact isolation Floor impact isolation to the roof deck /units below must be considered in the design, to ensure that noise annoyance in units below is not caused by people with hard sole shoes walking across the roof deck. The requirements of the Building Code of Australia should be applied. 27 Mechanical plant / Air conditioning Mechanical plant to be designed and installed to comply with the noise criterion presented in section 4.2 of report prepared by CRG Acoustics Pty Ltd dated 5 May 2015 (Reference No. crgref: 15022 report). Timing Prior to occupation of the development Timing At all times Timing At all times Timing Prior to occupation of the development Timing Prior to occupation of the development CAR PARKING AND ACCESS 28 Off street car parking facilities a b c d 29 Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for vehicle parking. A minimum of 24 off-street car parking spaces must be provided, for residents. Off-street car parking facilities must be drained, sealed and line marked. Bicycle parking a Timing Prior to the commencement of the use and at all times. Bicycle parking must be provided and maintained, to the satisfaction of the Chief Executive Officer and at no cost to Council, in accordance with the Cycling Aspects of Austroads Guides (2014) and the following: Timing Prior to the commencement of the use and at all times. t o eet o ttee t to er eet to er 98 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 i 24 Class 2 bicycle parking spaces for residents, calculated at the rate of 1 space per dwellings. ii 4 Class 3 bicycle parking spaces for visitors, calculated at the rate of 1 space per 6 dwellings. b The bicycle parking spaces are to: i ii iii iv v vi vii viii 30 Enable wheels and frame to be located to the device without damaging the bicycle; Be located outside pedestrian movement paths; Be accessible from the road; Be arranged so that parking and unparking manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles and opening car doors; Be as close as possible to the cyclists ultimate destination; Be well lit by appropriate existing or new lighting; and Be protected from the weather. Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a 31 Signs and line marking to give direction to bicycle parking, including visitor parking, to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided. Sight lines to pedestrians Where a driveway is two lane, two way and meets a property boundary to a public roadway, a clear (triangulated) sight line must be provided and maintained. The sight line must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.3 – Minimum sight lines for pedestrian safety of AS2890.1. The area within these sight triangles must be kept clear of obstructions. 32 Internal driveways a b c Timing Prior to the commencement of the use and at all times. The absolute maximum gradient of the internal driveway must not exceed 25% for a length of no more than 20 metres or 20% for lengths greater than 20 metres. The pavement for driveways must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material), surfaced with asphalt and treated in accordance with Condition 38. The design and construction of the pavement for Timing Prior to the commencement of the use and at all times. Timing The RPEQ certification must be provided to Council prior to the commencement of the use on the subject lot. t o t eet o ttee to er eet to er 99 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 internal (private) roads must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking. d The pavement construction for driveways must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council. VEHICULAR CROSSINGS AND DRIVEWAYS 33 Vehicular crossings a b c A vehicular crossing (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, commercial and multi unit residential. The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s. The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer. Timing Prior to commencement of the use on the site. ROAD RESERVE ALTERATIONS/RECONSTRUCTION 34 Connection to, alteration or realignment of Council infrastructure a b The applicant must, in respect of any connection to, alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works; iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer. Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. 35 Reconstruction of kerb and channel a b Where kerb and channel is removed or damaged, the applicant must reconstruct the kerb and channel for the full frontage/s of the development site at Cannes Avenue to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council. Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. ELECTRICAL RETICULATION 36 Electricity supply to MCU developments and private estates The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that a Low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve. c Any existing overhead electricity lines up to and including 11kV lines within or bounding the site (i.e. along the adjacent verge of Cannes Avenue) must be removed or placed underground. Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 37 Telecommunications – MCU The applicant must: a b c Provide underground telecommunications to the subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards). Timing Prior to commencement of the use. LANDSCAPE WORKS ON PRIVATE LAND 38 Detailed landscape plan to be submitted for approval a b The applicant must submit to Council for approval a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or similar landscape design professional; ii Be in general accordance with the Statement of Landscape Intent, being plan no 1515004 SK01sk07, rev C, title Landscape Statement of Intent, date 21/07/2015, prepared by place design group; iii Reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; iv Reflect the internal driveway/ pavement treatment shown on drawing 4.2, titled ‘Site and Roof Plan’, Issue C, dated September 2015 Note: Drawing 4.2 referenced above shows the conditioned pavement and internal footpath treatment, whereas the statement of landscape intent shows a superseded pavement treatment; and v Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual. Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 39 The required landscaping plan must also demonstrate the following: a b c d e f g h i j k l m 40 Feature tree species must be native evergreen canopy shade trees with a minimum bag size of 400 litre at the time of planting; Internal tree species must be native evergreen canopy trees with a minimum bag size of 200 litre at the time of planting; Palm species must be a minimum 3 metres in height at the time of planting; Pandanus species must be multi-headed and a minimum 3 metres in height at the time of planting; Feature shrub species must be a minimum 300mm pot size at the time of planting; Screening/ Buffer shrub species must be a minimum 45litre pot size at the time of planting; All other shrub species must be a minimum 200mm pot size at the time of planting; Planter boxes where large feature trees are to be planted must possess a minimum surface area of 6 square metres; Tree species must be chosen which are suitable for root zones growing in such confined planting locations and salt laden winds; Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan; An automatic irrigation system must be provided to all podium planter boxes; Provide detailed information how stormwater is treated within tree planters / pots effectively and being utilised for irrigation; and The landscape plan must include the approved location and detailed design drawings of the bio-retention system which is required as part of the Stormwater Management for the site. The plan must incorporate an appropriate list of species in the plant schedule, which are suitable for a bio-retention area. Planting densities must match those shown in Council’s Water Sensitive Urban Design Guidelines. Trellis and Facades The applicant must submit with the application for operational work (landscape work), operational details, specifications and a maintenance management plan relating to the, trellis and/or Facades systems. The management plan must: a Provide detailed information as to how these vegetative systems will maintain consistent irrigation and t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 nutritional requirements according to best horticultural practices; b Stipulate a maintenance schedule for these systems; and c Provide details of the minimum standards to which these systems must be maintained. VEGETATION MANAGEMENT 41 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie decision notice or letter of approval)): a The approved MCU / ROL layout plan. b The approved Landscape Plan with compensatory street tree plantings. c Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained. d A sediment and erosion control and construction management plan. For this condition ‘Protected Vegetation’ is defined as vegetation that is: e equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or f equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP. Note: Council’s Arboricultural Planning section have acknowledged that the two (2) Delonix regia (Poinciana’s) located on the road reserve adjacent to the property boundary will be removed to accommodate the development. However, this Material Change of Use approval does not approve vegetation clearing or damage and an Operational Timing Prior to the commencement of any operational works for vegetation clearing. t o eet o ttee t to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 Works application is still required to be submitted to and assessed by Council. HYDRAULICS 42 No loss of floodplain storage The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event. 43 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site that could cause loss or damage. 44 Alteration of overland flow paths Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. 45 Building floor levels a b c 46 Building floor levels of habitable rooms must be at least 300mm above the Council's designated flood level. Building floor levels of garages and non-habitable rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level. b Timing At all times. Timing At all times. Timing At all times. Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level. Flood management plan to be complied with a Timing At all times. The flood emergency management plan being “Flood Hazard Management Plan – Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” prepared by Knobel Consulting Pty Ltd dated 1 May 2015, must be included in the site management scheme / document and its recommendations must be followed by the legal entity or the nominated person, at no cost to Council, during a flood event. The proposed development shall ensure no additional burden on SES and Council’s emergency service during the major flood events. Timing At all times. t o eet o ttee t to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 47 Flood hazard signage The applicant must install flood warning signs within the proposed development site informing users / visitors of the facility notifying the potential flood hazard at and around the site. The flood signage must also state that the Cannes Avenue in front of the property will be extremely hazardous during major flood events. The flood warning signs must be clearly visible to the occupants / visitors when entering the site. Timing Prior to the commencement of the use of the premises. STORMWATER AND WATER QUALITY 48 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Stormwater Management Plan - Proposed Residential Development at Lot 9 on RP42887; 14 Cannes Avenue Surfers Paradise” prepared by Knobel Consulting Pty Ltd dated 1 May 2015. Timing The certification must be submitted to Council prior to the commencement of the use of the premises. Information Note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009. 49 GPT in the car park area a b 50 The applicant must ensure that stormwater runoff from the car parking area must be treated by gross pollutant trap (hydrocarbon and litter separator), prior to discharging to the bio-retention system/to a lawful point of discharge. b Compliance with (b) to occur prior to the commencement of the use of the premises. Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system. Agreement to remove hydrocarbons for GPT a Timing a) At all times. The applicant must ensure that: i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and ii The gross pollutant trap is maintained so that it functions for its intended purpose. The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition. Timing Prior to the commencement of the use of the premises and then maintained at all times. t o eet o ttee t to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 51 SQIDs maintenance management plan a A maintenance management plan (MMP) for the stormwater quality improvement devices must be prepared in accordance with Section 13 (Water Sensitive Urban Design Guidelines) of GCCC Land Development Guidelines by a qualified professional (RPEQ or equivalent) b All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-basin) must be undertaken in accordance with the above MMP by the legal entity of the development, at no cost to Council to the satisfaction of Chief Executive Officer. c The applicant must take necessary measures to reflect the requirements of SQID Maintenance Management Plan within the by-laws of the Body Corporate / Community Management Scheme. Timing Prior to commencement of use of the developed site. EROSION AND SEDIMENT CONTROL 52 Erosion and sediment control a Erosion, sediment and dust control measures must be implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). b Sediment control structures (eg. sediment fence) must be placed at the base of all materials imported on-site to mitigate any sediment runoff. c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or nonperforming erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site. Timing During construction/building works. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 ACID SULFATE SOILS (ASS)/GROUNDWATER 53 Acid sulfate soil investigation 54 An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the entire excavation area (ie through soil investigations); b The degree (ie concentration) of acid leachate generating potential of soils; c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and d The potential impacts on surrounding environment features. Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual Version 3.8 (November 2002, Dear et al); and b 55 Conditions of this approval. Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition 53 (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed x The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and x Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils. Compliance assessor: Gold Coast City Council Timing As indicated within the wording of the condition. t o eet o ttee t to er eet to er 8 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 When the request for compliance assessment must be made Before a development application for operational work. 56 The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications. OPEN SPACE 57 Street trees within public road reserve a b c 58 The applicant must install a total of 30 street trees (with a minimum value of $15,000) within Cannes Avenue, Genoa Street public road reserves generally in accordance with the applicant’s report titled: Response to Information Request (part 1 of 2- page 7), dated 2707-15, prepared by Place Design Group. The final location and species shall be determined through the assessment of the development application for Operational Works (Public Landscape) required by conditions of this approval. All street trees required by conditions of this approval must be shown and approved on the OPW public landscape application and must be installed, established and maintained in accordance with the Gold Coast City Council’ s Planning Scheme Policy 11 – Land Development Guidelines, Policy 12 Landscape Strategy Part 1 – Landscape Character: Guiding the Image of the City and Policy 13 Landscape Strategy Part 2 – Landscape Works Documentation Manual. Detailed landscape plans for public road reserve landscaping to be submitted for approval a b c The applicant must submit to Council for approval detailed landscape plans, by making a development application for operational work (public landscape work). Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or Timing As indicated in the wording of the condition. Timing Prior to any landscape works occurring. Compliance with (d) to occur prior to the commencement of the use of the premises. t t o eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 similar landscape design professional; ii be in general accordance with A Statement of Landscape Intent, being Landscape Statement of Intent – 14 Cannes Avenue, Surfers Paradise, dated July 2015, Ref. No. 1515004, prepared by Place Design Group; and B Response to Information Request (part 1 of 2- page 7), dated 27-07-15, prepared by Place Design Group; iii reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; iv comply with Planning Scheme Policy 13 Landscape Strategy Part 2 - Landscape Works Documentation Manual; v for works in the road reserve – comply with the following requirements: A Trees must not be aligned with side boundaries or where underground services are located; B Tree planting must be set back a minimum of one metre from the nominal kerb line; C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity; D Trees must be kept a minimum distance of two metres laterally from inlet gullies; E Trees must not be planted within twenty metres of the approach side and six metres of the departure side of intersections that are not equipped with traffic signals; F All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and vi for all public open space areas – comply with the following requirements: A Compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated; B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 and wetland areas must be provided; C All batters to public open space must be constructed to a slope no steeper than 1:6; D All paved areas, including car park areas and shelters, are to be designed to accommodate disability access; d The landscape works must be constructed in accordance with the approved landscape plan. 59 Preparation of maintenance management plan a b c d 60 A maintenance management plan (‘MMP’) of this development approval must be prepared. The MMP must be prepared by a suitably qualified professional. The MMP must be drafted in accordance with Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1). The MMP must be submitted and approved in combination with the Operational Works (Public Landscape) application. ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting. 61 Establishment period for public road reserve landscaping a b c Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of all living components of public road reserve landscaping, to the satisfaction of the Chief Executive Officer, for the duration of a six month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard workmanship; Timing To be submitted with the OPW public landscape application. Timing Prior to the commencement of approved landscape works on site. Timing As indicated within the wording of the condition. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 ii replace any planted vegetation of poor quality or inappropriate species where used instead of specified species; and iii maintain all components and their environs. 62 On Maintenance’ period for public road reserve planting a b 63 Upon satisfactory completion of the ‘Establishment’ period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage that occurs, unless the damage is directly attributable to Council activities. Standard of works/embellishments within public road reserve Works undertaken and embellishments installed within public road reserve must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity. 64 As Constructed data to be submitted The applicant must submit to Council the ‘As Constructed Data’ in accordance with the requirements of the Planning Scheme Policy 11 – Land Development Guidelines. Timing As indicated within the wording of the condition. Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection. Timing Prior to the acceptance by Council of the commencement of the ‘On Maintenance’ period. CONSTRUCTION MANAGEMENT 65 Construction management plan Part A Construction Management Requirements a b The construction management plan must be submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all activities associated with construction (excluding noise Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The approved t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 and dust issues), including but not limited to: construction management plan must i Vehicle access (including responsibility for maintenance of the defined cartage route) during be complied with and kept on-site at all times hours of construction; during construction ii Traffic management (including loading and works. unloading); iii Parking of vehicles (including on site employees and delivery vehicles); iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management. c The construction management plan must demonstrate that: i the general public will be adequately protected from construction activities; ii the building site will be kept clean and tidy to maintain public safety and amenity; and iii demand for occupation of the street and protection of Council assets will be well managed. d The approved construction management plan must be complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. f Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. g Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section. t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 66 Noise management a b c d 67 Noise from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The noise management plan must: i be prepared by a suitably qualified acoustic engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise levels from all proposed construction activities; iv identify the measures and work practices that will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; v identify the procedures to be adopted for monitoring of noise emissions; vi provide details of complaint response procedures that will be adopted; vii identify the procedures to be adopted for revision and review of the noise management plan. The approved noise management plan must be complied with and kept on-site at all times. Dust management a b c The release of dust and particulate matter from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate emissions; iii identify the measures and work practices that will Timing As indicated within the wording of the condition. Timing As indicated within the wording of the condition. t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; iv identify the procedures to be adopted for monitoring and reporting of air emissions; v provide details of complaint response procedures that will be adopted; and vi identify the procedures to be adopted for revision and review of the dust management plan. d The approved dust management plan must be complied with and kept on-site at all times. 68 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road. 69 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic. 70 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must have their loads secure and covered; b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads. Timing At all times while works are occurring. Timing At all times while works are occurring. Timing At all times while works are occurring. PLUMBING AND DRAINAGE 71 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any Timing Prior to works occurring. t o eet o ttee t to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water services within the property; and b comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 72 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 73 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works within the property; b comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Timing Prior to works occurring. Timing Prior to any on-site sewerage works occurring on site. SEWERAGE 74 Sewer reticulation a The development must be connected to Council’s Timing Prior to commencement t o t eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 sewer reticulation system at no cost to Council. of the use of the premises. b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system. c The size of the sewer property service connection shall be a minimum 150mm. d An operational works application is required for the construction of the minimum 150mm sized house connection and manhole within Cannes Avenue. 75 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 76 Connection point The existing 300mm main in Cannes Avenue must be used as the connection point, unless otherwise approved by Gold Coast Water. 77 Connections – arrangements with Gold Coast Water All live connections to the existing sewer main or a manhole (MH) are to be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit & Handover Section (phone 1300 694 222) to make arrangements for the connection. 78 Ownership and maintenance of sewerage infrastructure All private sewerage infrastructure internal to this development shall be owned and managed by the principal body corporate/owners. 79 Redundant sewer infrastructure a b 80 Any redundant sewer property service connections within the site or servicing the development must be removed or sealed and capped as directed by Gold Coast Water, at the applicant's cost. The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicant's cost. Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council. Timing At all times. Timing Prior to commencement of the use of the premises. Timing Prior to connection to existing infrastructure. Timing At all times. Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises. Timing Prior to works occurring. t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 WATER SUPPLY RETICULATION 81 Water supply reticulation (potable only) a The development must be connected to Council’s potable water reticulation system at no cost to Council. b The applicant is responsible for any external works necessary to connect to Council’s potable water reticulation system. Timing Prior to commencement of the use of the premises. 82 Design, construction and standard of water supply reticulation Timing At all times. The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 83 Connection point The existing 150mm main in Cannes Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water. Timing Prior to commencement of the use of the premises. 84 Installation of property service, water meter box and meter The applicant must: a Submit an Operational Works (OPW) application, for Council's approval, for water meters 40mm and above; b Following approval of the OPW (if required), make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost; c Make application for GCW to remove any redundant water meters and/or services, at the applicant's cost. Timing Prior to the commencement of use of the premises. 85 Connections – arrangements with Gold Coast Water Timing Prior to connection to existing infrastructure. All live connections to the existing water main are to be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection. 86 Supply standard The applicant must provide water supply to the standard specified in Section 7 of Gold Coast City Council’s Land Development Guidelines and Gold Coast Waters Network Development and Connections Procedure. Timing At all times. t t o eet o ttee to er eet 8 Adopted Report to er ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 87 Individual sub-metering to be provided The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water. a All meters and their locations shall be approved by Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided. c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft. d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily. 88 Fire loading Fire loading must not exceed 15L/s for two (2) hours for residential uses, unless otherwise approved by Gold Coast Water. 89 Ownership and maintenance of water infrastructure All private water infrastructure internal to this development shall be owned and managed by the principal body corporate/owners. Timing At the time of lodgement of the Plumbing and Drainage application. Timing At all times. Timing At all times. ADVISORY NOTES TO APPLICANT B Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself. C Properly made submissions There were no properly made submissions about the application. D Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. t o t eet o ttee to er eet to er 9 Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 E Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans. F Maintenance Management Plan a The MMP is a separate application to be assessed alongside the Operational Works (Public Landscape) application. Submission of the MMP requires the applicant to fill out and submit an application form. A link to the MMP application form can be found on the following City of Gold Coast link; http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf. b Failure to submit this form with the MMP application will result in a not properly made application and or additional charges. It is the applicant's responsibility to inform Council that two applications are being submitted (Public Landscape and MMP) and that two applications require processing by Council's contact officer. t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 G Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA. H Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice. I Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’keefe@apa.com.au. J Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662. t t o eet o ttee to er eet to er Adopted Report ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR APARTMENTS (24 UNITS) - 14 CANNES AVENUE, SURFERS PARADISE - DIVISION 10 PN62857/01/DA2 K Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00). CARRIED Cr Bell voted in the negative. Cr Taylor voted in the negative. ADOPTED AT COUNCIL 20 OCTOBER 2015 RESOLUTION G15.1020.022 moved Cr Caldwell seconded Cr Owen-Jones That Committee Recommendation CP15.1014.001 be adopted as printed in the City Planning Committee Report. 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LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Re er 1 p e tt e t OVERVIEW e o rt pper e e op e t er or ee o t or to Site address Application description ot ter t o R 989 eo e ode A e e to er Decision due date e pp t e o e Proposal oo er t ee ppro e t o ed propert or ee o to t o e propo o to etre o opo e to er t tr r e dr e o t o p e te e pp t o propo e to t t rt Re ote R d o t RR o t e o opo e e o t e te e t e t ted t etre 8 etre e ed re et ppro te 8 etre ro e re t ro d e A r e A e p e t e ter o e p ed t t re re e e o ed d ep r ted ro t e re der o t e te proo e e d do e e te Issue e t o propo ed ee o to t Main Issues/Resolution ro t to re de t d e Resolution e propo ed to er to e e t ed t re rre t rro ded e et t o d o e pro t to er e t to ppro te etre t o dered t t e t e t re o t e po e t ot re te d er e p t t t rro d o to r e t re e et t o d o der e r t o topo r p rt er ore t e o t o o t e propo ed te e o to t e t ep r ted ro t e o e t re de t propert e to t ee t 8 e o rt to e re t ere re o detr e t p t po re de t e te ep r o e t re de t t ee t 8 d t eo d t e e d er e e t e r re de t ted ro t e propert e to e o rt etre re t ere re o p t po t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Objections Submissions ot App e Key issues raised by submitters ot App e Referral agencies er e Officer's recommendation Support ot App e Appro REPORT STRUCTURE R AR A A A R A R R A R r A ter t o te d rro d e ro e t A A e e t t dr t t A e e t t o A R od A A r tr e e R R A R t t A A RRA t re Ar or t R A R RRA Ad e e RA e Energex R R A A RA R A A 8 R 2 EXECUTIVE SUMMARY e tr o A te p r o ted t t eR r pe t to t e r t od o e e t e propo ed d e de er ode A e e t ord e t t pe p e re t o t e oo er o e propo ed e to o e e ter re t e re or t e etre t d rd tot e to t e ppro p e re t ed e Are t o t e oo er o Are e e r t to t e ee o to t e o e e op e t or t e R r e etre 8 o opo e t tt te etre etre ed te e e de t p e t t o t eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 e propo ed de e op e t t e o o ode ee e ed Place Code oo er re t Specific Development Code ee o ode e propo ee p e re t ode e e t o t e pp er or e r ter o t p o t o e A ter o o t o o t e to er 3 re o e ded t o e d re e o e tA Are ept e o to o pe e R r to re Constraint Code(s) t re t t e re e t pe p e e op e t e e t Are ed ee o t t e oo er o Are R r pe d to te pe e e op e t ode A to deter ed t e propo e er o p e t t e e pp e ode d t t t e propo e e de r e t e o to re propo ed re t o to t e e t o t e to er d et re re e t t t e propo ed de e op e t e ppro ed t o dto e t to t e po t o o APPLICATION INFORMATION ot Real property description o R A Applicant er 989 e tre Owner at time of lodgement re e Current owner re e 9 Site area Date application received 8 Apr Date entered decision 8 A Domain R r o LAP & precinct R r Draft City Plan 2015 pe p e re d pe ro State planning policies A Decision type e e op e t er t or ode A e e t or 4 o BACKGROUND ro d or t o pp e to t to t e oo er Are pp e t re ter ee o t R r o e eo to e t to 5 PROPOSAL e pp t od o e t o A tr A tted t t t re ted ro o t e od o e o e et or pper de t ed t t et or per or e d t od o e to o e d ro d d per or e d dept o o er e d o t e propo o o pt d od o e to o o te t e r o e t te t e p to e r tr t re ro o t o e eed or t e to er oo er pro e o er p t to t e e r tr t re o te t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 e propo ed to er o t • o tr t o o o er e to • A o ted e ppro te o opo e • t e o o etre ppro ee e t o opo e to er etre te p e t etre e o ed t etre t tt ed te re t e propo ed e p e t e ter etre tt e eo t e o tr t o e to t e te propo ed t ee t e t ed e e e e t A r e d e t to t e er e t to t r ee o to r o tr t o e e t te e e to t e te e o ted e o rt t ro t ee t re de t propert • e propo ed • e pp t e o t propo e to e e ted to t e e e t e to er p t po er ted t pp t t r t e propert ed tor d • A e proo e e oper t o ppro e ro dt e t e te e o te to t t to e per e r o propo ed t o d re re re e t te e t t o eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Figure 1: Elevation of proposed development t o t eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 6 SITE & ENVIRONMENT 6.1 Characteristics of site and surrounding environment e te e de r ed ot o R 989 d re ppro te e te o ted t t e r o pper oo er t e t ed 9 r r re de t d o de t re de t re e te p rt e red r e r r re de t ot t det ed d e e t o t e e ter port o o t e te e te r e t re tree pre e t doe t e ed te rro d re re t er to e r re de t ot e rro d e t ed det er e t etre e t o t t e propo etre to t e e re predo t o pr e r r re de t ot to t e e t d re e t ed d e re de e to t e e t e propo o ted d e t to o po d e e re t re de t d e o ted ppro te e te 8 e o rt e o e t de t ed o t e t e e to pper oo er r e r e tre o ted ppro te t Figure 2: Proposed development location at 40 Jenkins Court, Upper Coomera t t o eet o ttee to er eet to er 8 Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Figure 3: Aerial image of proposal location with 150 metre radius highlighted Figure 4: Proposal location viewed looking to the south-west t t o eet o ttee to er eet to er 9 Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Figure 5: View taken from Wagon Park Figure 6: View of existing Energex substation taken from Alfa Drive looking south t t o eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Figure 7: View of existing Energex substation adjacent to proposed facility t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Figure 8: Location of proposed telecommunications facility within tree line (existing Energex substation monopole in the distance). Taken from existing dwelling located on the subject site. 7 PLANNING ASSESSMENT e to o t e Sustainable Planning Act 2009 de t e t e e t er t o der e e ode e e pp to re t e e e t er t e t e p rt o t e pp to te o t e o o tter or t to t e e te t re e t t e t te p re tor pro o e propo o dered to o p t t e t te Re tor ro o t e re o or p pp A e ode t t te p re e ted e e de ted re o e ode tr t re p e propo o dered to o p t t e Re o t re de t ed po e e re e t re o pp ¾ or t e o o ode A ppropr te p or p tr A e t A A t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 ter p ¾ A ¾ te por r ¾ o p e r er pre r e to pp e ¾ p tr ppro A to A e e Re er e o t e dopted r tr t re pr or t r tr t re p dd t o e t t e e r e re o t o or t e e t er t e Re er e o t e p rt o t e pp to re rd to t e o o ter o o ter re rded t ro de e op e t ppro or d o pre e t e e t o t e pp d e t pre e re err e t e p rpo e o pp e ode 7.1 r re re po tr e Re er to te ee e d e t rro d ro e t t o or e or t e pp to e t o t A Re er e o Assessment against City Plan t to t e t t e propo t t eR r to t eR r o e e p rpo e o t e R r o e d to pe d • “provide for a wide range of rural uses including cropping, intensive horticulture, intensive animal husbandry, animal keeping and other primary production activities; • provide opportunities for non-rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area, where they do not compromise the long-term use of the land for rural purposes; and • protect or manage significant natural features, resources, and processes including the capacity for primary production.” der t e t t t e propo ed d e o d e de ed ee o to “Telecommunications Facility - Premises used for systems that carry communications and signals by means of radio, including guided or unguided electromagnetic energy, whether such facility is manned or remotely controlled.” to d o d tr er p t eo A e e t ro e t re t e e t o er t ter eo to e t e d e p r e or R r o e R r d t pe t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 e e t de e op e t pp to od ed t o o 8 Apr d e tered t e e o er od o 8 e e e t o t e de e op e t pp to ee de t t e rre t e e e t e e e or e t t e t e o t e e o er od o e 7.2 Assessment against Gold Coast Planning Scheme 2003 Place code oo er Are o Constraint code re Specific development code ee o to t pe e e op e t ode e e t Are Relationship to the Coomera Local Area Plan e e t te o ted t e R r pe Are r t to t e e e t e propo ed p d e re e de t o t e oo er ed o ee o t “The use of premises for a facility as defined in the Telecommunications Act 1997.” to t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 ee o to t de ed t e ee o to A t 99 “Telecommunications facilities are the structures and equipment which make up a telecommunications network. Telecommunications facilities as defined under the Telecommunications Act 1997 include mobile phone transmission towers, masts, antennae and underground and overhead cables.” tr er ode e e tp r t to t e o de e op e t A ter eo e e te t t te e t or t e oo er o Are re d “The purpose of this Local Area Plan (LAP) is to provide detailed planning provisions for the future development of Coomera. The LAP has an area of approximately 5,000 hectares. This LAP incorporates the outcomes of the Coomera Charrette Planning Study (1995). By utilising these two studies, the special location of Coomera on the City Rail service and the opportunities to maximise use of public transport are recognised. The Coomera LAP recognises the requirements of a future community, in excess of 60,000 people, and provides a balance of living, working and recreational land uses.” e te t t te e t or t e R r pe p e re t re d “To provide for rural style residential development and also to provide for the effective servicing of current and future needs for recreational land within the Coomera LAP area. Further, to contribute to the open space network within the Coomera area for landscape and habitat protection purposes. 5.9.1 Development Character Within the LAP area, the likely requirements for recreation facilities (for a population in excess of 60,000 people) are: • four district level outdoor sports areas up to ten hectares in size, each area catering to a population of 10,000 - 15,000 people; • four district level passive recreational areas, up to five hectares in size; • three community/neighbourhood centres: • one of which could be a major community centre, located in the town centre; and • two smaller neighbourhood centres, one on either side of the motorway; • an indoor, multi-purpose recreation/sporting centre; and • neighbourhood and local parks, including children's playgrounds in each neighbourhood. (a) Location Criteria for District Level/Major Facilities In the Coomera LAP, the criteria for location of these facilities are to: • • • • • • • be easily accessible to public and private transport; locate adjacent to main transport thoroughfares; co-locate with other community facilities e.g. schools, shopping centres, recreation facilities, etc; locate centrally in the catchment – within a five kilometre radius of the majority of potential users of the facilities; have direct road frontage (approximately 50% of the perimeter), to provide good physical access and visibility; allow for all built facilities to be located above the Q100 flood level; and be accessible to services and facilities, including infrastructure services. t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 (b) Location Criteria for Local/Neighbourhood Facilities in the Coomera LAP, the criteria for location of these facilities are to: • be within walking distance of potential users (say, 400 metres); • be sited along minor roads; • have direct road frontage (up to 50% of perimeter for access and visibility); and • be accessible to services and facilities, including infrastructure services.” Officer comments: e de e op e t o t e o o ro d • e pro d • e t dered to o p pro de oo te o e et t o • o dto e t er e to e re o ed re re o te t o t e oo er o Are er e to t e re d eet t e eed or etter o e e t to t e ro der rre t d t re o t t doe ot detr po t o ed d e t to o er e d po er e • t t e p t po t to d pe r de ter t e to er e o e o er t e to e d e ded to e re t t p t re Compliance with the Coomera Local Area Plan Place Code o p e t o t e p e ode ept e o t o e propo r ter d per or e Compliance with the Telecommunications Facility Specific Development Code e propo ed de e op e t de e op e t ode • ee o to e propo o p e t per or e r ter e ept re t red to de o pe tr te o p e e op e t o t e pe o o e t t e o o pe ode de e op e t ode ept e o to d Telecommunications Facility Specific Development Code Performance criteria Acceptable solution AS3.1.1 PC3 A ree t d d to er tr t re d d e p e t e ter o o ted residential area o te t t t e r ter o t e o d pro de e tr t re eet t e re red d o d e eer ert to t d re re e ree t d t e to er ted residential area d e o opo e t e to etre o ted e d r e ord e t p to e t d et t d rd o ore t tt ed t e to t e po e o pr ro po r t pe e te ot e eed 8 etre e t d r r d e or dr te ot e eed d eter o t t o eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 Applicant’s justification: “Although the site is located in the Rural Living/open Space zone, the proposed facility is to be located as far as possible from the surrounding residential uses. The proposed monopole has been designed to the minimum height necessary to link the facility to the Vodafone network and avoid physical obstructions such as trees, buildings and hills. This is necessary to achieve adequate radio frequency coverage to the target area.” Officer’s comments: At o t e propo e eed t e te ded tr t re e t e e r to t te et or o er e or t e re e t r to er o p ed t t e t r topo r p o t e d de t ed te re e te pote t o o e t o t e e r etre t e t ed o o r o t e e et t o t t e re de t ot e t rt er ore t e t po t o ed e t to er e t to e t o o po e d o er e d po er e e re t e o pro et ee t r ter t o epted t t t e t ert ed ed ro e o eer d e ord e t A tr t d rd d t d rd re red or d o d A ord t e propo t e er or e e de re e ed d t r ter Performance criteria Acceptable solution PC8 AS8.1.2 A e t t o er ee o to d ro d t te d tr t re t e de ed d o ted t d t e ro t e propert ro t e d t e de d re r o d r e t e r ep r t o ro e o r propert e d ro t e to ro d de ot t t ree t ot tt ed to e t et ee et o d e to er d etre d d d etre AS8.2 e t d tr t re re et o do etre ro re de t etre e o ro e ted t o d r o propert p ootp t or t e ootp t or e etre o p ro d Applicant’s justification: “A detailed scope of the area was completed and concluded that there were no suitable colocation opportunities available.” Officer’s comments: o o er e e e t t t e d ere t t o o e t et ee t e e t te re de t propert e to t e e t t e r ep r t o o t e e e o t rt er ore t e e et ted r d e e d d e t er e t to pro de e r ep r t o et ee t e o opo e d re de t ot e t d to rt er t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 At o t e propo o e red ed et o propert t e t r topo r p o t e d de t re de t re red e d er e e t re ted A 8 t o dered t etre to t e o e t re de t e et t o t t e ed te p t t t e propo ed de e op e t o p e Performance criteria t er or e r ter Acceptable solution AS15 e t o o ted t t o or ore er e pro der or te e o to rr er o e t te d t e tr t re d t e do ot e t e p t po t e r ter o t e o re PC15 A te t e o o ted ere re o e t ot er e e o to d or ro d t te e t d d tr t re Applicant’s justification: “In accordance with the site selection process outlined in planning report, several sites were investigated including co-location opportunities. In this instance co-location was not an option and the subject site was selected for the proposal in order to provide the necessary infrastructure. The facility will provide infrastructure for carriers to co-locate on in the future.” Officer’s comments: o ppro A o er e ord o r t t e pp ded to e re o o t e propo t e t o e t t t o opt o e t er or e re o e ded t t o dto o r ter Compliance with the relevant constraint codes and overlay e propo ed de e op e t re ept e o t o d er or A • re red to de o tr te o p e r ter o t e o o e o tr t t e pp t ode e e t Are e propo ed de e op e t o dered to o p t o tr t ode ept o to d per or e r ter ere re red t e o dto e ee t e o er re o e d t o to e re t e de e op e t o o o p e ode 10 r t e SOUTH EAST QUEENSLAND REGIONAL PLAN t to t e o t t ee d Re o t e r ootpr t 9 t e e t RELEVANT INTERNAL REFERRALS e e t pp to de e or re err to repre e t t e dep rt e t t ro t e e e op e t A e e t Re e e AR te e ded t t o t 11 ro t e o o pro e o ed t o eet o ttee t to er eet 8 Adopted Report to er ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 List of available referrals for reference e t r d Re port A d e er e per t o e t o pe eA e d e t t ter t r tr t re d ro t re d o ro d e t e eet d Re e e t e pe A e d e re e t ter eote r A ter Ar or t te t od or dr eer p Ar tor eer o e t t e pp to 11.7 City Infrastructure t d rd o d t o o ppro dr e re erred to pp e re err d ed e o e ee pro ded re t o to e r ro e ee pro ded re t o to e et t o re o d 11.13 Arborist t d rd o d t o 12 o ppro EXTERNAL REFERRALS 12.2 Advice agencies - Energex e pp 13 tr t re r e re ot pp eA e e t to t e e r re po e d ted o o o dto e to t pp to PUBLIC NOTIFICATION A t e propo e t to ode A t e Sustainable Planning Act 2009. 15 Ad DEVELOPMENT INFRASTRUCTURE r 14 to re erred to t e er e pro ded re o e d t o o ppro e e t ot to ot e re red der ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL ot pp e 16 CONCLUSION A e e t o t e pp to deter ed t e propo e er o p e er or e r ter o t e pp e ode dt t ppropr te o t o e e ed or t e te ere re red o d t o e ee ded t e er re o e d t o to e re o p e t t e re e t er or e r ter t t ere ore re o e ded t t t e pp re o e d re e t o dto to e ppro ed e t to t e t t e e po t o o t o eet o ttee t to er eet 9 Adopted Report to er ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 17 NOTIFICATIONS ot pp 18 e RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that: ot Real property description o R e 989 pper oo er e e op e t er t or ode A e e t or ter ee o Address of property o rt 9 Area of property Decision type Further development permits per t o or d or Further compliance permits A Compliance assessment required for documents or works A e et t o eo to e e e t NATURE OF DECISION A o ee o ppro e t e to eo t de e op e t per e t to t e o o t or ter o dto eo e or APPROVED DRAWINGS 1 Development to be generally in accordance with specified plans/drawings p e de e op e t t e dr ted e o ot e Plan No. rr ed o t e er ord e t ped d ret r ed to t e pp Rev. Title t t e ppro ed t t t de o Date Author 9 A te er e tre 9 A te eto t er e tre 9 A o t e ter e to er e tre 9 A er e tre A te e A re t t t o eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 2 Changes requiring further approval e to t e ppro ed de t t re ot e er ord e t t e ppro ed p dr re re ppro ord e t t e Sustainable Planning Act 2009 e ept o o ere e to t e o p t ed e t e er or t o d t o or error e e d o rt er ppro re red Timing At t e ppro ed de re dert e to r tte tr t o ro t e e repre e t t e e eo o te or or o o ppro ed dr epted e per e e ro t e e e t er e Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required. 3 Decision notice and approved plans/drawings to be submitted with subsequent application A op o t de o ot e d o p t ped ppro ed p dr t e tted t d de e op e t pp t o or oper t o or pp to re t to or r ro t de e op e t ppro 4 Decision notice and approved plans/drawings to be retained on site A op o t de o ot e d t ped ppro ed p dr t e ret ed o te t t e de o ot e t e re d o to t t e t ppro ed p to e re o te o tr t o e t e t d te e o ppro ed or 5 Timing A d ted t t e ord o t e o dto Timing At t e ped Notice of works timetable e pp t t e o r tte ot e o t e o o App to er te ddre e d te ep o e er or d ter o r o t e pro e t er d t e te o er d or te ded to e rr ed o t e e propo ed t et e o ted t t e or d e pe ted o e e e t d r to d o p et o d te Timing A ter e o p et o o pre t rt pe re red o o t or ot er de e op e t ppro d e d to o e e or o to dto t e t pr or e to te t o t eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 e ot to to e e t to o e e op e t o p e e to 8 8 8 or e to e o per t o od o t d o ot to dd t o to ot er ot t o re red ot er o d t o o t ot er de e op e t ppro A or e to t pro d t e or t o re t to ot e o or o e e e t re re e t e or e o t ed t o e er d d oo tt t o e o do o e te t ttp od o t d o or pp to t AMENITY 6 No nuisance from lighting A t de e t e po t o ed o t e pre e ded to t e t to o t e e e t e ot to e re or ot er e to rro d d otor t 7 Timing At t e e d er o re de t Fencing e ee o de t e or to o t e Timing At t e t e e ed o e t o o t to o TELECOMMUNICATIONS 8 Tower and equipment shelter to be painted green e te e o t o to er re re o o r per t tor dt ee e p ted ree t o o t to o t to o t e e e t e er. 9 t r t p e t e ter d to t e Facility to provide co-location opportunity e pp t te re t t t e te e o to pro de t e opport t or o o t o o ot er er e pro der or te e o to rr er t o o t to o t Timing r or to o e e e to e d t ed t t e Timing At t e CONSTRUCTION MANAGEMENT 10 Transport of soil/fill/excavated material r t e tr port t o o o ter A tr o or e t e r o d e re A p et t ro t e o e ted d re o t e tr tr r or to e e e t t t e to re o e o ro pre e t o d d e d ot er e e ted ter d o ered t e tr or t e r o ed ro t e te e o d e te e re t e ee o t e e depo ted o p Timing At t e or re o ted t ee d treet d t e e to ro d e rr or t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 11 Workplace health and safety e Workplace Health and Safety Act 2011 d A Manual of Uniform Traffic Control Devices t e o p ed t rr o t t e or d e r e tr o tro d ep e re pe t o or e o d ted o ro d 12 Public safety to be ensured e pp t t t o o t to o o e e rd d ro d t dert e d t ed t t e t ep e rd de ere t d t rr de de r re o ter o p et o d tr re e re t t e or re to e re t e et o t re ot ted to rd e d o or d t Timing At t e or re o e rr Timing At t e or re o e rr VEGETATION MANAGEMENT 13 Vegetation works OPW application required ppro doe ot ppro e e et t o e r or d e A de e op e t pp t o or oper t o or e et t o or t e de to d ppro ed o or or propo e r or d e to rote ted e et t o e pp to t e o p ed op o e o t e o o p d ere p re d ee ppro ed t t p t e o p ed t e orre po d ppro do e t t o e de o ot e or etter o ppro e ppro ed o tp e r de t e et t o propo ed to e re o ed d e et t o propo ed to e ret ed or t o d t o Protected Vegetation de ed e et t o t t • e to or e e o e t etre rt ere e e red t etre o e er e d e e rre pe t e o t e do or A or • e to or e e o o r etre e t t eR r r or er o te o re Rd e A oo er A re t 9 d oo er o e tre re t 8 d rr A e A re t t oo er p o er t o A r A ope d A re t d eer e A er A re t 9 d o t tr d ro e A p d r d ood d A e t re o p A or t terpr e Are A r ro Timing r or to t o e oper or e et e r e e e to to or to t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 ADVISORY NOTES TO APPLICANT B Re err A e e e re err e re err e e d t e r ddre o dto Referral agency or t e pp re de t ed to o ted e o ppro Jurisdiction o r re t e o dto Address er e C e o t o pro t to e t to er e Rights of appeal e pp t de o p r t e to tt t t r t o ppe t to e t o ed to t e de to t e d ro e t o rt re rd o t e Sustainable Planning Act 2009 A op o o ot e or p rt r ter e o e ppe o e de to d e e op e t o ttee e e re er to t e prere te e to 9 d t e t e A t 9 tt ed to t de o ot e to deter e et er o e ppe r t to d d e e op e t o ttee D d o Applicant responsibilities e pp t t tor t ot re po to e or e d o p r t e e re e r t ppro d te re pro d ot t de o ot e e te t e eed or t e pp t to o p re e t o t te d o o e t d to e re ppropr te te rr e e t e ee de ere t e e o re e po d ot er t o ed t e pp t o ed t o t t t o t o t e pp re po e or t e tte e t de e op e o tt e t ot er rt er e e r ppro et te er e ed re tt e e to t ppro t or t d r t o ro d ot t o re d ter t or t p r e ro e t r e re t e pre e e e r te ot o ed ppro re per t e pp o ro t e red e e t re t t per t re o r e e ore t e o e ed d to t rr red o e peo to ot t e t to t e Environmental Protection Act 1994 o ed t re te ed t e t t d po e o ed or ot e t t t e re e d or t o er to e pr te or p e re red o dto o d d d A de t to r e r t e orre t t o tr t re o t e de o tr t orre t t d et o tr t re e re e ted o t e pp t to e re o p e t t de o ot e d pp e ode e ro d o d o tr t e per t o e e ot t proo o p e t o t e ort e o er e to e or proo o ppropr te e e pt o ere t or e eed 8 A ept e proo o p e to d e t or ppro ed t e A t or t e e e eo t roo o t o eet o ttee t to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 p e t t e pro ded e ore o e de e op e t per t or t e per t o or re re e t o e t o o t e Building and Construction Industry (Portable Long Service Leave) Act 1991; and p e to o t t d o de e op e t te pr or to t e od e e t o E r te d d r e o p pp e to t e Indigenous cultural heritage legislation and duty of care requirement e Aboriginal Cultural Heritage Act 2003 AHCA d tered t e ep rt e t o A or d orre tr t der d t t r A r A A eA A e t e d t o re to t e re o e d pr t e e re to e re t t doe ot r A or t r er t e d t o re ot e ted App e o e d d o t d ter t t e per o or e t t de e op e t ppro d o d ree o d t t t d d re ed e t to r o o e propo t t re d o rred t t e propo ed o e e pe t e r ed t r e e o dt t te t o er e t d t o re et re re o t o etted e pp F t e o to t t eA t or t d t o A ed o d o t t A A t r rt er or t o o t e re po t ed t o re de er t e oord t o to t e o de e oper der t e A A Greenhouse gas emissions A p rt o o o t e t to red ree o e e o o e o r t ee p o o t e t r ret t o et or p rt o t r ot ter te re t t e ree o e e o t e e t e e tr tor e ot ter te e pp e e t e r e r t e t o d o t tt e o t r ret tor A A ro p to rr e e to t e t t o t e propo ed de e op e t or o e t o to t e ret t o et or e e o t tR o ee e o 8 8 98 or o o ee e p o Author: A e Authorised by: t o e or o A er A t re tor d ro e t e t o t eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 COMMITTEE RECOMMENDATION CP15.1014.002 moved Cr Robbins seconded Cr Owen-Jones That Council resolves as follows: Real property description Lot 2 on RP198902 Address of property 40 Jenkins Court, Upper Coomera Area of property 60,950m2 Decision type Development Permit for a Material Change of Use (Code Assessment) for a Telecommunication Facility Further development permits Operational Works (Vegetation Management), Building Works Further compliance permits N/A Compliance assessment required for documents or works N/A NATURE OF DECISION A Council approves the issue of a development permit for material change of use for Telecommunications Facility, subject to the following conditions: APPROVED DRAWINGS 1 Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No. Rev. Title Date Author 440096-G1 A Site Plan 03.12.14 Service Stream 440096-G2 A Site Setout Plan 03.12.14 Service Stream 440096-G3 A South Western Elevation 03.12.14 Service Stream 440096-G4 A Antenna & Ancillaries Table 03.12.14 Service Stream t t o eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 2 Changes requiring further approval Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Timing At all times. Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or insitu conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required. Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required. 3 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application or operational works application relating to or arising from this development approval. 4 Decision notice and approved plans/drawings to be retained on site Timing As indicated within the wording of the condition. Timing At all times. A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. 5 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works, including expected commencement, duration and completion date. Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site. t o t eet o ttee to er eet to er Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to Devcom_Operational@goldcoast.qld.gov.au ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html. AMENITY 6 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists. 7 Fencing The Telecommunications Facility must be fenced along all sides, in the form of a chain-link fence at no cost to Council. Timing At all times. Timing At all times. TELECOMMUNICATIONS 8 Tower and equipment shelter to be painted green The telecommunications tower shall remain in a natural light grey colour as per its factory finish and the equipment shelter shall be painted green, at no cost to Council and to the satisfaction of the Chief Executive Officer. 9 Facility to provide co-location opportunity The applicant must ensure that the telecommunications facility provides the opportunity for co-location of other service providers or telecommunication carriers at no cost to Council. Timing Prior to commencement of use and maintained at all times. Timing At all times. CONSTRUCTION MANAGEMENT 10 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must have their loads secure and covered; b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads. Timing At all times while works are occurring. t t o eet o ttee to er eet to er 8 Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 11 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road. 12 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic. Timing At all times while works are occurring. Timing At all times while works are occurring. VEGETATION MANAGEMENT 13 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)): a The approved MCU layout plan. b Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained. For this condition ‘Protected Vegetation’ is defined as vegetation that is: x equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or x equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP. Timing Prior to the commencement of any operational works for vegetation clearing. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 159 Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 ADVISORY NOTES TO APPLICANT B Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval. Referral agency Energex Address GPO Box 1461 Brisbane QLD 4001 C Jurisdiction Location proximity to Energex substation. Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. D Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $80,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 160 Adopted Report ITEM 2 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR A TELECOMMUNICATION FACILITY - LOT 2 ON RP198902 - 40 JENKINS COURT, UPPER COOMERA – DIVISION 1 PN149285/01/DA1 payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f E Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans. Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA. F Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’keefe@apa.com.au. CARRIED Cr Gates voted in the negative. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 $77$&+0(17 161 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 $77$&+0(17SDJHRI 162 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 16 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 164 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 165 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 Attachment 2 page 1 o 2 166 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 167 Adopted Report 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 16 Adopted Report ITEM 3 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILDCARE CENTRE - LOT 12 ON RP87176 AND LOT 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Re er 1 page attachment 1 OVERVIEW Site address 92 latyer A enue undall Application description e elopment Permit or Material Change o or a Child Care Centre e mpact A e ment Decision due date 1 Proposal eptember 2015 he propo al i to e tabli h a Childcare Centre on a 1022m2 acant ite compri ing the ollo ing element • A ne t o 2 torey building compri ing reception area ta acilitie and three acti ity room ith a combined area o 210 7m2 • 45 children bet een the age o i 6 ee to i 6 year old and a total o i 6 ta • ehicular acce ia a ingle entry and e it dri e ay • 15 car par ing pace including one 1 di abled and i 6 dedicated to ta • our o operation bet een 7 00am to 6 00pm Monday to riday • ternal play pace 245m2 ground loor 72m2 ir t loor and • Acou tic ence 2 5 metre in height along the outh and ea t boundarie top 700mm to be tran parent Issue i ual amenity re ulting rom acou tic ence Main Issues/Resolution Operational noi e Objections Submissions 72 properly made ob ection 4 not properly made ob ection Resolution Acceptable Outcome demon trated Condition re uiring ence to be con tructed ith a mi ture o material and te ture hich ill include tran parent material being u ed or all ection abo e 1 metre in height to reduce the impact o the height o the ence Acceptable Outcome demon trated Condition re uiring acou tic encing play area acing latyer A enue hour o operation dri e ay and car par con tructed ith anti ueal treatment Support 0 properly made in upport 54 not properly made in upport Key issues raised by submitters ra ic generation amenity noi e out o character or the area Referral agencies ot applicable Officer's recommendation Appro al 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 169 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 REPORT STRUCTURE 1 O R 2 C MMAR APP CA O 4 5 AC RO PROPO A 6 7 RO M 6 1 Characteri tic o ite 6 2 Characteri tic o urrounding en ironment P A 11 A e ment again t dra t City Plan 72 A e ment again t P A PO C A P A R O A R A OR PRO A A R R A R RRA ealth and Regulatory er ice 11 2 ran port A 11 ubdi i ion ngineering e ment Architect old Coa t ater 11 7 City n ra tructure 11 Plumbing and 11 11 rainage ydraulic and 11 1 ater uality Arbori t 11 14 1 and cape A OPM 14 P C 15 A 16 CO C O M O O O A P A 11 1 11 6 1 old Coa t Planning cheme 200 A 11 5 17 M 71 A 9 10 ORMA O RA e ment R C R CA O O O RA P C O PROPO A O CA O R COMM A O 2 EXECUTIVE SUMMARY he propo al i to e tabli h a Childcare Centre Pur uant to Our Living City’ old Coa t Planning cheme 200 Planning cheme the ite i located ithin the etached elling omain n accordance ith able o e elopment A or the etached elling omain a Childcare Centre i li ted a an mpact A e able land u e he application ha been a e ed again t the etached elling omain Place Code the Childcare Centre peci ic e elopment Code and the rele ant Con traint Code he de elopment application re uire the con ideration o alternati e olution in relation to 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 170 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 etbac amenity and pro imity to urban acilitie O icer con ider that the e i ue ha e been re ol ed ia the u ti ication pre ented ithin the report and through the impo ition o appropriate condition n re pon e to public noti ication 72 properly made and our 4 not properly made ubmi ion ere recei ed ob ecting to the de elopment Additionally 54 not properly made ubmi ion ere recei ed in upport o the de elopment he main point o ob ection relate to character tra ic impact amenity concern health and a ety concern and building etbac he ubmitter concern ha e been addre ed ithin thi report ho e er O icer con ider the e concern do not arrant re u al o the application A ter a detailed a e ment o the ubmitted material it i con idered by O icer that the alternati e olution pro ided are acceptable and that the propo ed de elopment complie ith the intent o the etached elling omain and the rele ant code o the old Coa t Planning cheme O icer con ider the propo ed de elopment pro ide a community unction upporting both the ider re idential catchment and non re idential u e in the locality and i o a cale and de ign uitable or the local uburban character t i there ore recommended that the application be appro ed ub ect to the impo ition o rea onable and rele ant condition 3 APPLICATION INFORMATION Real property description ot 12 on RP 7176 ot 1 on RP 7176 Applicant lac Owner at time of lodgement eng yi Chang Chun am Pang Current owner eng yi Chang Chun am Pang n Architecture 2 Site area 1022m combined ite area ot 12 on RP 7176 516m2 ot 1 on RP 7176 506m2 Date application received 2 April 2015 Date entered decision 2 uly 2015 Domain etached elling omain LAP & precinct ot applicable Draft City Plan o State planning policies ot applicable Decision type e elopment Permit or Material Change o e mpact A e ment or a Child Care Centre en ity Re idential one 4 BACKGROUND ot applicable 5 PROPOSAL he propo al i to e tabli h a Childcare Centre a de cribed belo uilt orm A t o 2 torey building ith a ootprint o 210m2 repre enting a ite co erage o 1 6 ill be con tructed he building ill incorporate a mi ture o material uch a metal dec roo ing hori ontal eatherboard and creening element to balconie a ho n on igure 1 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 171 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Figure 1 Perspective viewing south west 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 172 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 loor plan he ground loor ill include a reception area itchen toilet laundry acti ity room and C and a 245m2 e ternal play pace ronting latyer A enue Mean hile the ir t loor ill include acti ity room A ta room toilet di cu ion pace and a 72m2 e ternal play pace located on the balcony ronting latyer A enue a ho n on igure 2 and igure Figure 2 Ground floor plan Figure 3 First floor plan etbac he building ill be etbac a minimum o i 6 metre rom the latyer A enue boundary our 4 metre rom the Poinciana Cre cent boundary 11 metre rom the ea tern ide boundary and 14 metre rom the outhern ide boundary 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 17 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 hade ail a ociated ith the outdoor play area are propo ed to be built to the north ea t and e tern boundary Additionally a torage hed i propo ed to be built to the ea tern boundary bet een the car par ing area and outdoor play area urthermore the carpar ill be con tructed one 1 metre rom the ea tern and outhern ide boundarie to allo or land cape planting ehicular acce and car par ing ehicular acce ill occur ia a ingle entry and e it dri e ay he ehicular cro o er po ition ill be appro imately 25 metre rom latyer A enue and located mid ay bet een latyer A enue and eeb treet A total o 15 car par ing pace ill be pro ided o hich i 6 are dedicated to ta ad acent to the ea tern boundary Mean hile the ma ority o i itor car par ing i pro ided appro imately 7 metre rom the outhern ide boundary a ho n on igure 4 Figure 4 Site plan of proposed development Acou tic encing A 2 5 metre acou tic ence ill be con tructed or the length o the outhern and ea tern ide boundarie A illu trated in igure 5 belo ection belo 1 metre ill be con tructed ith a mi ture o te ture material and colour hil t ection abo e 1 metre ill be con tructed ith tran parent material 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 174 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Figure 5 Example of fence design proposed for 2.5 boundary acoustic fence and caping and caping i pro ided in the orm o nati e hrub ground co er and tree o di ering height along the property boundarie and at the perimeter o the car par ing area a ho n on igure 6 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 175 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Re u e A creened re u e torage area ad oin the ea tern acade o the building and i located appro imately 12 metre rom the ea tern ide boundary a te collection ill utili e the e i ting Council collection er ice ith heelie bin being placed at the erb or collection on the de ignated day 6 SITE & ENVIRONMENT 6.1 Characteristics of site he ub ect ite i located o er t o 2 lot at 92 latyer A enue undall properly de cribed a ot 12 on RP 7176 and ot 1 on RP 7176 ith a combined ite area o 1 022m2 Figure 6 Photo of site taken prior to the removal of the house and vegetation he ite i uare in con iguration ith a relati ely lat topography t ha a primary treet rontage to latyer A enue o appro imately 4 metre and a econdary treet rontage to Poinciana Cre cent o appro imately 0 metre 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 176 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Figure 7 Photo of Slatyer Avenue frontage he ite i currently acant ollo ing the demolition o an older tyle ingle torey etached elling 20150911 o ea ement encumber the ite and ater e er torm ater electrical and telecommunication in ra tructure i readily a ailable 6.2 Characteristics of surrounding environment he ite i located along latyer A enue hich i a di tributer road er ed to carry lo o tra ic bet een acti ity centre he immediate area i characteri ed by lo to medium den ity re idential de elopment ithin clo e pro imity o neighbourhood and community acilitie including the outhport ol Club directly oppo ite 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 177 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Figure 8 Aerial photo of site and surrounding environment 7 PLANNING ASSESSMENT ection 14 o the Sustainable Planning Act 2009 identi ie hat an a e ment manager mu t con ider hen a e ing an impact a e able application n brie the a e ment manager mu t a e the part o the application again t each o the ollo ing matter or thing to the e tent rele ant the tate planning regulatory pro i ion he propo al i con idered to comply ith the tate Planning Regulatory Pro i ion the regional plan or a de ignated region he ub ect ite i located ithin the rban ootprint o the outhea t ueen land Regional Plan tate planning policie unle appropriately ot applicable re lected in any rele ant regional plan or planning cheme a tructure plan ot applicable or de elopment in a declared ma ter planned ot applicable area all ma ter plan or the area a temporary local planning in trument ot applicable an earlier preliminary appro al to hich ection ot applicable 242 applie a planning cheme ee di cu ion herein the in ra tructure charge re olution or the priority ee di cu ion herein in ra tructure plan 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 17 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 n addition the a to e ment manager mu t a e the part o the application ha ing regard • the common material ee di cu • any de elopment appro al or and any la ul u e o premi e the ub ect o the application or ad acent premi e ee • any re erral agency ot applicable re pon e or the application ion herein ite and n ironment 7.1 Assessment against draft City Plan Pur uant to the dra t City Plan the ub ect ite i located ithin the o en ity Re idential one n accordance ith able 5 5 1 Material Change o e o en ity Re idential one here not in a precinct a Child Care Centre i li ted a mpact A e able de elopment he ub ect de elopment application a lodged ith Council on 0 April 2015 and entered the eci ion Ma ing Period on 2 uly 2015 A uch the a e ment o the de elopment application ha been made again t the current Planning cheme being the Planning cheme in orce at the time o the eci ion Ma ing Period commencing 7.2 Assessment against Gold Coast Planning Scheme 2003 Place code etached omain elling Constraint code Specific development code old Coa t Airport and A iation acilitie Car Par ing Acce and ran port ntegration Relationship to the Domain he ub ect ite i located in the etached Childcare Centre elling omain Pur uant to the Planning cheme the propo ed land u e i de ined a Childcare Centre “Any premises used or intended to be used for the minding or care, but not residence, of children. This term includes any ancillary early childhood program conducted in conjunction with the minding or caring of children, kindergarten, or crèche. This term does not include a Family Day Care Home or an Educational Establishment.” hich trigger impact a u e e he intent tatement or the ment pur uant to table o de elopment A material change o etached elling omain read “The purpose of this domain is to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and enhance the suburban character and residential amenity of these low density residential neighbourhoods. This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include: 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 179 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 • providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment; • providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes; • providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and • facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.” O icer comment he propo al i to e tabli h a non re idential land u e ithin an area intended predominately or lo den ity re idential u e e erthele the propo ed Child Care Centre i con idered an appropriate land u e pur uant to Part 5 i i ion 1 Chapter 2 4 6 1 Material Change o e hich tate “All uses included in Section A of the Table of Development may be considered as appropriate for the domain to which the Table of Development applies, subject to each use meeting the relevant assessment criteria.” i en the ub ect ite i located on the corner o a di tributer road latyer A enue and a minor collector road Poinciana Cre cent the ub ect ite i con idered to be highly acce ible and ell er iced by the local tran port net or he propo al include 15 car par ing pace hich complie ith Council tatutory minimum car par ing re uirement and there ore accommodate the demand or par ing on ite Additionally the applicant ha ubmitted a ra ic mpact A e ment Report hich i upported by the ran port A e ment ection that conclude that the operation o the propo ed Child Care Centre ill ha e minimal impact on the urrounding road net or ith no additional matter identi ied hich ould preclude de elopment o the ite a propo ed he built orm in the urrounding neighbourhood i characteri ed by etached and Attached elling on allotment included in the etached elling omain and Re idential Choice omain i en the propo al replace a dilapidated d elling include land cape planting eature a lo ite co erage 1 6 and pro ide a built orm repre enting a cale and appearance o a re idential d elling it i con idered that the de elopment pre er e and enhance the uburban character o the locality urthermore the ubmitted acou tic report in upport o the application a a e ed by Council n ironment ealth O icer ho are ati ied the propo ed noi e le el ill not impact on amenity alue o nearby re idence A uch it i con idered that the propo ed u e i compatible elling omain ith the ntent o the etached 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 0 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Compliance with the relevant place code he propo al complie ith all o the place code criteria e cept a ollo O icer acceptable olution and per ormance Performance criteria Acceptable solution PC2 All building and co ered car par ing pace mu t pro ide or etbac rom the treet rontage and the ide and rear boundarie hich are appropriate to the e icient u e o the ite and the treet cape character o thi domain A 21 he building and co ered car par ing pace i et bac not le than i metre rom the rontage o the ite A 22 he building e cluding co ered car par ing pace a ociated ith a etached elling i et bac rom the ide and rear boundarie at not le than a 1 5 metre mea ured rom the outermo t pro ection o that part o the building hich i 4 5 metre or le abo e ground le el b 2 metre mea ured rom the outermo t pro ection o that part o the building hich i greater than 4 5 metre but not greater than 7 5 metre abo e ground le el c 2 metre plu 0 5 metre or e ery metre or part thereo mea ured rom the outer mo t pro ection o that part o the building hich i greater than 7 5 metre abo e ground le el comment Planning O icer con ider the building i appropriately located to en ure appropriate eparation rom d elling on the ad oining propertie i pro ided i en the Childcare Centre building i etbac our 4 metre rom a econdary rontage the iting o the building i compliant ith the etbac pro i ion or the Childcare Centre peci ic e elopment Code he hade ail tructure are open on all ide and do not appear bul y or obtru i e rom the treet rontage hi i con idered in eeping ith the appearance o many propertie in the urrounding neighbourhood hich are impro ed by open carport and hade ail in the road rontage he torage hed ill be built on the ea tern boundary and located ne t to the dri e ay and co ered car par ing pace o the ad oining property i en the location o the torage hed hich ill not be u ed or child care acti itie and ill largely be creened by an acou tic barrier and land caping any impact on the ad oining property and the treet cape character ill be minimal 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 1 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 a ing regard to the abo e the propo al i con idered to ati y Per ormance Criteria 2 o the etached elling omain Performance criteria PC1 he propo ed u e mu t not detract rom the amenity o the local area ha ing regard but not limited to the impact o a noi e b hour o operation c tra ic d lighting e ignage i ual amenity g pri acy h odour and emi ion O icer Acceptable solution A 1 o acceptable olution pro ided comment he propo ed de elopment i not con idered to detract rom the amenity o the local area a di cu ed herein oi e Council ealth and Regulatory ection ha e re ie ed the Acou tic Report and con ider the propo ed Child Care Centre to comply ith the acou tical limitation ub ect to condition re uiring acou tic encing play area to ace latyer A enue limit on the hour o operation and the car par to be con tructed ith anti ueal treatment our o operation t i not anticipated that the propo ed hour o operation ould ha e any detrimental impact on the locale a the operating hour ill be bet een 7 00am to 6 00pm Monday to riday e erthele condition are included ithin the O icer recommendation to en ure ancillary acti itie uch a deli erie and in ormal u e o the outdoor play area do not occur out ide o the propo ed operating hour ra ic A di cu ed pre iou ly Council ran port Planning ection upport the inding o the applicant ra ic mpact A e ment Report ighting O icer do not anticipate that lighting de ice pro ided ith the de elopment ould ha e any detrimental impact on neighbouring propertie he Child Care Centre operate largely during daytime hour and ha propo ed motion acti ated ecurity lighting or u e a ter hour A condition o appro al ha been included ithin the O icer recommendation re uiring the lighting not to cau e nui ance to neighbouring propertie ignage o ignage i propo ed a part o thi de elopment Condition o appro al are included in the O icer recommendation re uiring the applicant the applicant to obtain the nece ary appro al or ad erti ing de ice 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 2 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 i ual amenity A di cu ed pre iou ly the local uburban en ironment propo ed built orm ill not be compromi ed by the he 2 5 metre ide boundary acou tic encing ill ha e the top 700mm tran parent to reduce the percei ed height and ill be con tructed ith material complimentary to the re idential character and include internal land caping to mitigate any ad er e amenity impact Pri acy he building ill be appropriately etbac rom ad oining re idential property boundarie ith it outdoor acti ity area acing latyer A enue rather than being in ie to ad oining d elling Although neighbouring d elling at the outhern boundary ha e habitable room ith ie to the car par ing area land cape planting pro ided at the periphery o the ite ill a i t in reducing i ual impact to ad oining d elling urthermore the acou tic encing ill mitigate any pri acy i ue rom the ground le el Odour and mi ion i en that a creened re u e torage area i located appro imately 12 metre rom the neare t boundary it i not anticipated that the de elopment ould generate e ternal odour that ould impact on amenity urthermore Council n ironmental ealth O icer rai ed no concern ith the e pected e ternal odour and emi ion rom the de elopment Accordingly Council o icer con ider that the propo ed de elopment complie Per ormance Criteria 1 o the etached elling omain Place Code Compliance with the relevant specific development code he propo ed de elopment i re uired to demon trate compliance de elopment code • Child Care Centre peci ic e elopment Code he propo al complie ith all o the peci ic de elopment code per ormance criteria e cept a ollo ith ith the ollo ing peci ic acceptable olution and Childcare Centre Specific Development Code O icer Performance criteria Acceptable solution PC1 All building tructure and car par ing mu t pro ide or etbac rom the treet rontage and the ide and rear boundarie hich are appropriate to the e icient u e o the ite and the treet cape character o the local area A 11 he de elopment i a building tructure or car par hich i et bac a minimum o a i metre rom the primary road rontage b three metre rom any econdary road rontage c t o metre rom all ide and rear boundarie A 12 he acce ay or ehicle manoeu ring purpo e i et bac a minimum o t o metre rom all ide and rear boundarie comment u ti ication or the iting o building and tructure ha already been addre report ed ithin thi n relation to the car par it i located ithin one 1 metre rom the ea tern and outhern ide boundarie he de ign o the car par ing area en ure that the de elopment ha the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 lea t amount o impact on ad oining propertie or in tance lo turno er ta car par ing pace are de ignated here car par ing pace are ithin the etbac clearance area on the ea tern boundary urthermore the car par de ign en ure that the ma ority o car par ing pace ad acent to the outhern boundary i located appro imately e en 7 metre rom that boundary and 12 metre rom the ad oining d elling or the ma ority o thi boundary only the dri e ay ill be ithin three metre o the boundary Additionally land cape planting i pro ided in bet een the car par ing area and ad oining boundarie hich ill bu er the car par rom ad oining boundarie a ed on the abo e Council O icer con ider the propo ed car par Criteria PC1 o the Childcare Centre peci ic e elopment Code O icer ati ie Per ormance Performance criteria Acceptable solution PC6 he Child Care Centre mu t be located in clo e pro imity to a an urban re idential neighbourhood or b a community ocal point or acility or c a ma or employment location A 611 he de elopment i located not more than 200 metre rom a community ocal point or acility hich may include a an acti ity centre or node b a ma or employment e tabli hment c a hopping centre d a library e a place o or hip an acti e par land area g a chool h a porting ground OR A 612 he de elopment i located ithin an urban re idential neighbourhood comment he ite i con idered to be centrally located near urban re idential neighbourhood community ocal point and ma or employment location including the outhport ol Cub the undall Corporate Centre the andale Precinct the old Coa t ur Club the undall commercial area and the ronberg hopping Pla a all ithin 1 5 ilometre rom the ite Additionally the immediate neighbourhood compri e a igni icant number o duple de elopment a ell a a 1 7 unit Apartment and Ca building being con tructed appro imately 120 metre outh ea t o the ite tyle or the abo e rea on the propo al i con idered to ati y Per ormance Criteria 6 o the Childcare Centre peci ic e elopment Code Compliance with the relevant constraint codes and overlay he propo ed de elopment i re uired to demon trate compliance ith the applicable Acceptable olution and Per ormance criteria o the ollo ing con traint code • Car Par ing Acce and ran port ntegration Con traint Code • old Coa t Airport and A iation acilitie Con traint Code 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 4 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Car Par ing Acce and ran port ntegration Con traint Code he propo al complie ith all o the Car Par ing Acce and ran port ntegration Con traint Code Acceptable olution and Per ormance Criteria here condition ha e been re uired they ha e been included in the O icer Recommendation old Coa t Airport A iation acilitie Con traint Code he propo al complie ith all o the old Coa t Airport A iation acilitie Con traint Code Acceptable olution and Per ormance Criteria here condition ha e been re uired they ha e been included in the O icer Recommendation 8 STATE PLANNING POLICIES here are no tate planning policie applicable or thi application 9 STATE PLANNING REGULATORY PROVISIONS here are no tate planning regulatory pro i ion applicable or thi application 10 SOUTH EAST QUEENSLAND REGIONAL PLAN he de elopment application a a e ed again t the pro i ion o the outh a t ueen land Regional Plan a the ub ect ite i located in ide o the rban ootprint he propo al i con idered to comply ith the ob ecti e o the outh a t ueen land Regional Plan 11 RELEVANT INTERNAL REFERRALS he ub ect application a made a ailable or re erral to repre entati e department through the e elopment A e ment Re ie eam AR May 2015 List of available referrals for reference ealth and Regulatory er ice ran port A e ment ubdi i ion ngineering Open pace A e ment Architect old Coa t ater Operational or ydraulic and ater ld ire and Re cue uality u h ire Arbori t and cape A e ment eache and ater City n ra tructure eotechnical ngineering Plumbing and ocial Planning rainage n ironmental A e rom the ollo ing proce on the 1 ment rom thi meeting the application a re erred to applicable re erral a di cu ed belo 11.1 Health and Regulatory Services ealth and Regulatory er ice a re erred a copy o the de elopment application to analy e and pro ide comment condition Council ealth and Regulatory er ice department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to acou tic hour o operation air conditioning and a te 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 5 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 he ollo ing comment ere pro ided “Officer’s assessment has established that the proposed development suitably complies with all of the relevant provisions of the Planning Scheme and the proposed Child Care Centre development infrastructure intended to service the development is considered appropriate. The additional report from the acoustic consultant advises that the 2.5 metre high acoustic barrier is required so as to comply with noise legislation. The consultant has recommended a transparent section of the barrier above the height of 1.8 metres. It is recommended that the acoustic barrier is constructed to a height of 2.5 metres with transparent sections above 1.8 metres in height. If the height of the barrier is shortened, the noise will merely bend over the top of the barrier. The proposed development is therefore recommended for approval subject to the conditions listed below. 11.2 Transport Assessment ran port A e ment a re erred a copy o the de elopment application to analy e and pro ide comment condition Council ran port A e ment department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to amended plan and car par ing and acce 11.3 Subdivision Engineering ubdi i ion ngineering a re erred a copy o the de elopment application to analy e and pro ide comment condition Council ubdi i ion ngineering department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to telecommunication and electricity 11.5 Architect he City Architect a re erred a copy o the de elopment application to analy e and pro ide comment condition Council City Architect ha e a e ed the application and determined it to be ati actory o condition o appro al ere recommended ho e er the ollo ing comment ere pro ided “The application consists of a new child care centre building proposed for a 1,022m2 corner site in the Bundall precinct. The area is characterised by predominately low rise single detached dwellings. The site is located along a busy road with the Southport Golf Club located immediately opposite. The area is characterised by wide streets, pedestrian footpaths, and large street trees, and within close proximity of neighbourhood and community facilities, public transport, the area supports a walkable, compact, urban community. The proposal for the new child care centre presents as a 2 storey compact building form that appropriately has the scale and visual appearance of a residential / domestic dwelling. The design incorporates appropriate mixture of materials such as metal deck roofing, horizontal weatherboards, and screening elements to balconies. The proposal shows suitable integrated landscaping, with articulated perimeter fence. The design commendably has sufficient building articulation to be visually appealing and will complement the character of the precinct.” 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 6 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 11.6 Gold Coast Water old Coa t ater a re erred a copy o the de elopment application to analy e and pro ide comment condition Council old Coa t ater department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to ater and e er 11.7 City Infrastructure City n ra tructure a re erred a copy o the de elopment application to analy e and pro ide comment condition Council City n ra tructure department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to the ehicular cro o er road re er e alteration and alteration to council in ra tructure 11.8 Plumbing and Drainage Plumbing and rainage a re erred a copy o the de elopment application to analy e and pro ide comment condition Council Plumbing and rainage department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to the ater upply and e er 11.11 Hydraulics and Water Quality ydraulic and ater uality a re erred a copy o the de elopment application to analy e and pro ide comment condition Council ydraulic and ater uality department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to torm ater and ero ion and ediment control he ollo ing comment ere pro ided the ollo ing comment “This is an MCU application for the construction of a childcare centre at 92 Slatyer Avenue Bundall. Currently, there is an existing dwelling on the site, which will be demolished. The total area of the site is 1022m2. The proposed facility is for a total of 45 children, with outdoor play areas and 21 at-grade car spaces. The applicant has submitted a report titled “Stormwater Management Plan for Proposed Childcare Centre at Lots 12-13 on RP87176, 92 Slatyer Avenue Bundall” prepared by Knobel Consulting Pty Ltd dated 14 April 2015 in support of the proposal. After reviewing the report and the submitted modelling files, this section has found that the report has adequately addresses all the relevant stormwater issues of the proposal.” 11.13 Arborist Arbori t a re erred a copy o the de elopment application to analy e and pro ide comment condition Council Arbori t department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to the ubmi ion o an Operational or egetation or application or egetation remo al 11.14 Landscape Assessment and cape A e ment a re erred a copy o the de elopment application to analy e and pro ide comment condition Council and cape A e ment department ha e a e ed the application and determined it to be ati actory ub ect to rea onable and rele ant condition relating to the ubmi ion o an Operational or and cape or application 13 DEVELOPMENT INFRASTRUCTURE n ra tructure charge are no le ied under a Charge Re olution by ay o an n ra tructure Charge otice hich ill accompany Council deci ion notice 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 7 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 14 PUBLIC NOTIFICATION he applicant ha ubmitted a ritten notice tating that public noti ication o the application ha been completed in accordance ith the re uirement o the Sustainable Planning Act 2009 n re pon e to noti ication 72 properly made and 4 not properly made ubmi ion ere recei ed ob ecting to the de elopment hil t 54 not properly may ubmi ion in upport o the de elopment ere al o recei ed he main point o ob ection are li ted belo ollo ed by the o icer comment Point of objection Amenity he propo ed de elopment i detrimental to the e i ting re idential amenity Officer’s comment A di cu ed in greater detail in ection 7 2 the propo al i con idered to comply ith Per ormance Criteria 1 in regard to amenity impact in ol ing noi e hour o operation tra ic lighting ignage i ual amenity pri acy and odour and emi ion A uch thi point o ob ection i not con idered alid ground to arrant re u al o the application ra ic generation he increa e in tra ic acce ing the ite ill re ult in unacceptable impact on ad acent land and local road u er he location o the ehicular cro o er rom latyer A enue i a a ety ri he ite i located on the corner o a di tributer road latyer A enue and a minor collector road Poinciana Cre cent and there ore ill not introduce additional tra ic into nearby minor re idential treet he ubmitted ra ic mpact A e ment Report predict that the propo ed de elopment yield a tra ic generation potential o 1 in and 1 out trip during morning and a ternoon pea hour t al o predict 60 10 o the abo e trip ill e ually tra el in either an ea tbound or e tbound direction to acce the ite rom the controlled inter ection o Poinciana Cre cent and latyer A enue and 40 7 2 ill acce the ite ia the local re idential road net or hi e uate to 5 4 car or 1 car per 11 minute each turning rom an ea tbound and e tbound direction rom Poinciana Cre cent and 1 car per minute and 20 econd acce ing the ite ia the local re idential net or during pea hour i en the abo e report al o predict the e u er ill already be on the road net or tra elling to their primary de tination tra ic generation impact are not con idered to po e any a ety ri or unacceptable impact to ad acent land and local road u er Additionally the ran port A e ment ection ha peer re ie ed the applicant report and concur ith it inding A uch the e point o ob ection are not con idered alid ground to arrant re u al o the application 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 ealth he building and playground location ad acent to latyer A enue ill be detrimental to the health and a ety o children in regard due to the olume o tra ic being dangerou and ub e uent air pollutant cau ed by ehicle he playground area ill ront latyer A enue hich i a de ignated di tributer road er ed to mo e tra ic rom local treet to arterial road and there ore carrie igni icant olume o tra ic during pea period he application ha been a e ed again t the Childcare Centre peci ic e elopment Code and i con idered to comply ith the rele ant Acceptable olution in regard to childproo encing pro imity to a ety ha ard location and e po ure to air pollutant Additionally the a e ing n ironmental ealth O icer rai ed no concern ith the de elopment location and e po ure to air pollutant A uch the e point o ob ection are not con idered alid ground to arrant re u al o the application etbac he de elopment i too clo e to ad oining propertie A di cu ed in greater detail in ection 7 2 the propo al i con idered to pro ide etbac rom property boundarie appropriate or the e icient u e o the ite and treet cape character o the local area in accordance ith Per ormance Criteria 12 o the etached elling omain and Per ormance Criteria 1 o the Childcare Centre peci ic e elopment Code A uch thi point o ob ection i not con idered alid ground to arrant re u al o the application Property alue are not alid planning ground or con ideration o a de elopment application Property alue he propo al ill negati ely impact on the property alue o the area ncompatible land u e he propo al i o a commercial nature ithin a re idential area Con lict ith O oc 1 A uch thi point o ob ection i not con idered alid ground to arrant re u al o the application A di cu ed in greater detail in ection 7 2 the propo al i con idered an appropriate land u e ithin the etached elling omain by irtue o the land u e being included in able o e elopment A o the etached elling omain Place Code ot ith tanding the abo e ubmi ion argue that the de elopment i in con lict ith O oc 1 hich read “The establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for various communities of the Gold Coast.” A al o noted pre iou ly the City Architect O ice pro ide upport or the appearance o the propo ed building in light o the local character “The design commendably has sufficient building articulation to be visually appealing and will complement the character of the precinct.” i en amenity and tran port concern do not arrant re u al o the application a pre iou ly di cu ed it i con idered that O oc 1 i not con idered to be compromi ed 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 1 9 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 A uch the e point o ob ection are not con idered alid ground to arrant re u al o the application 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL ot applicable 16 CONCLUSION he de elopment i con idered to comply ith the intent o the etached elling omain and the applicable Planning cheme Code A di cu ed in thi report the propo al ill not impact on the e i ting re idential character o the urrounding area he main point o ob ection relate to impact on amenity tra ic generation health and a ety concern etbac property alue and character o the neighbourhood he e concern ha e been ade uately addre ed in thi report and uitable condition ha e been included in the O icer recommendation to en ure additional impact are a oided or mitigated urthermore the concern do not arrant the re u al o thi application a ed on the abo e it i recommended that the application be appro ed impo ition o rea onable and rele ant condition 17 ub ect to the NOTIFICATIONS STANDARD NOTIFICATIONS Noise/Acoustic here are de elopment appro al condition applicable in relation to acou tic i ue on thi lot and all ub e uent lot All property o ner mu t en ure compliance ith the e condition Plea e re er to old Coa t City Council P ile and eci ion otice or urther in ormation A copy o Council eci ion otice i a ailable or ie ing ia old Coa t City Council Planning and e elopment Online eb ite goldcoa tcity com au pdonline Stormwater (Management Plan) here i a torm ater Management Plan in regard to thi lot All property o ner mu t en ure compliance ith the torm ater Management Plan Plea e re er to old Coa t City Council P ile and eci ion otice or urther in ormation A copy o Council eci ion otice i a ailable or ie ing ia old Coa t City Council Planning and e elopment Online eb ite goldcoa tcity com au pdonline 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 190 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that: ot 12 on RP 7176 Real property description ot 1 on RP 7176 Address of property 92 latyer A enue undall Area of property 1022m2 Decision type e elopment Permit or a Material Change o a Childcare Centre Further development permits uilding or Operational or and cape or Operational or egetation or ehicular Cro o er Further compliance permits e erage Compliance assessment required for documents or works or e or ater upply Plumbing Acou tic Compliance Report NATURE OF DECISION A Council appro e the i ue o a de elopment permit or material change o u e or a Childcare Centre ub ect to the ollo ing condition APPROVED DRAWINGS 1 Amended plans/drawings to be submitted a Amended plan dra ing mu t be ubmitted generally in accordance Plan No. Rev. Title Date ith Prepared by 02A ite Plan 29 06 2015 lac n Architecture 0 A round loor 29 06 2015 lac n Architecture 04A round loor 29 06 2015 lac n Architecture 29 06 2015 lac n Architecture 05A Roo 06 le ation 1 29 06 2015 lac n Architecture 07 le ation 1 29 06 2015 lac n Architecture 0 le ation 1 29 06 2015 lac n Architecture 09 mpre ion 1 29 06 2015 lac n Architecture 10 mpre ion 2 29 06 2015 lac n Architecture ho ing the ollo ing amendment Coloured ele ation o all acou tic barrier including detail o material te ture and colour ii iden the ehicle cro ing and dri e ay at the ront property boundary to a minimum o 5 5m uitable or t o ay tra ic hi could po ibly be achie ed by minor narro ing o the pede trian entry path rom Poinciana Cre cent i 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 191 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 iii Remo e o the pede trian ight triangle ho n on the northern ide o the dri e ay hich i not re uired by ection 2 4b o A 2 90 1 2004 Par ing acilitie Part 1 O treet Car Par ing i b Pro ide heel top to all car par ing pace ronting onto an area u ed by pede trian de igned in accordance ith ection 2 4 5 4 o A 2 90 1 2004 Par ing acilitie Part 1 O treet Car Par ing he amended plan dra ing are to be ubmitted to Council or appro al by the Chie ecuti e O icer prior to i ue o a de elopment permit or the carrying out o building or he amended plan dra ing hen appro ed by the Chie ecuti e O icer ill be the appro ed plan dra ing orming part o thi appro al and a tamped copy ill be returned to the applicant he de elopment mu t be carried out in general accordance ith the appro ed plan dra ing 2 Decision notice and approved plans/drawings to be submitted with subsequent application Timing A indicated ithin the ording o the condition A copy o thi deci ion notice and accompanying tamped appro ed plan dra ing mu t be ubmitted ith any building de elopment or operational or application relating to or ari ing rom thi de elopment appro al 3 Decision notice and approved plans/drawings to be retained on site Timing At all time A copy o thi deci ion notice and tamped appro ed plan dra ing mu t be retained on ite at all time hi deci ion notice mu t be read in con unction ith the tamped appro ed plan to en ure con i tency in con truction e tabli hment and maintenance o appro ed or 4 Lots to be amalgamated ot 12 on RP 7176 and ot 1 on RP 7176 mu t be amalgamated into one lot he plan o amalgamation mu t be regi tered 5 Notice of works timetable he applicant mu t gi e Council ollo ing a b c ritten notice o the Application number ite addre ame and telephone number or and a ter hour the pro ect manager and the ite o ner o Timing Prior to commencement o the u e o the premi e Timing A ter ucce ul completion o any pre tart in pection re uired by condition o thi or other de elopment appro al and at lea t 5 bu ine day prior to 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 192 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 commencement o any d or intended to be carried out or on ite e he propo ed timetable a ociated ith the or including e pected commencement duration and completion date he noti ication i to be ent to Council e elopment Compliance ection a 07 55 2 0 0 or by email to e com Operational goldcoa t ld go au hi noti ication i in addition to any other noti ication re uired by other condition o thi or other de elopment appro al A orm i a ailable to a i t in pro iding the in ormation relating to otice o or Commencement re uirement he orm can be obtained at Council O ice erang undall and Coolangatta t al o can be ound on Council eb ite at http goldcoa t ld go au orm application html WORKS - COMPLIANCE 6 Certification of compliance All or mu t be certi ied by a uitably uali ied pro e a complying ith the appro ed plan ional or thi condition a suitably qualified professional i a per on ith tertiary uali ication and pro e ional a iliation in the ield o engineering or cience rele ant to the or and or management plan and ho ha at lea t t o year e perience in management in that ield here the or and or management plan in ol e di erent ield a certi ication i re uired rom a uitability uali ied pro e ional or each eparate ield Timing he applicant mu t ubmit the certi ication prior to the earlie t o compliance a e ment o the ubdi i ion plan the commencement o the On Maintenance period or the commencement o the u e CAR PARKING AND ACCESS 7 Off street car parking facilities a b c d e 8 O treet car par ing acilitie mu t be de igned con tructed and maintained to the ati action o the Chie ecuti e O icer at no co t to Council in accordance ith A 2 90 1 late t er ion O treet acilitie or car par ing mu t only be u ed or ehicle par ing A minimum combined total o 15 o treet car par ing pace mu t be pro ided or on ite e ignated ta par ing located acing the ea tern boundary O treet car par ing acilitie mu t be drained ealed and line mar ed Maximum staff and children numbers o more than 6 ta and 45 children may be pre ent on the ite at any one time Timing Prior to the commencement o the u e and at all time Timing At all time once the u e ha commenced 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 19 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 9 Freely accessible visitor car parking a b c 10 All car par ing mu t be acce ible not ub ect to regulation or re triction to ta or the time the u e or premi e i open or bu ine and to bona ide i itor or the duration o any i it to the ite Car par ing or ta and i itor mu t ha e no gate ay door or imilar de ice including ob or ipe card that re trict acce to tho e par ing pace during bu ine hour ta and i itor par ing mu t be clearly identi iable through the pro i ion o appropriate ignage and line mar ing ignage and line mar ing mu t be de igned con tructed and maintained to the ati action o the Chie ecuti e O icer at no co t to Council Signs and line marking n addition to ign and line mar ing re uired by A 2 90 1 the ollo ing mu t be in talled and maintained to the ati action o the Chie ecuti e O icer and at no co t to Council a ign and line mar ing to identi y per on ith di abilitie par ing A 2 90 6 11 Sight lines to pedestrians here a dri e ay meet a property boundary to a public road ay clear triangulated ight line mu t be pro ided and maintained he ight line mu t be 2 metre ide pro ided on the e it ide o the dri e ay or a length o 2 5 metre bac into the ite in accordance ith igure 4 Minimum dimen ion or acce dri e ay ight play or pede trian o A 2 90 2 he area ithin the e ight triangle mu t be ept clear o ob truction Timing Prior to the commencement o the u e and at all time Timing Prior to the commencement o the u e and at all time Timing Prior to the commencement o the u e and at all time VEHICULAR CROSSINGS AND DRIVEWAYS 12 Vehicular crossings a b c he ehicular cro ing dri e ay entry ithin the road re er e mu t be de igned and con tructed by the applicant at no co t to Council in accordance ith the ollo ing Council tandard ra ing or ehicular cro ing a applicable 05 02 01 ehicular cro ing indu trial i commercial and multi unit re idential he applicant mu t apply or and obtain a licence rom Council or the con truction o the ehicular cro ing he ehicular cro ing mu t be con tructed to the ati action o the Chie ecuti e O icer Timing Prior to commencement o the u e on the ite 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 194 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 13 Relocation of power pole here mu t be a minimum eparation o 1 5 metre bet een the po er pole and the cro o er including the play thi cannot be achie ed the pole mu t be relocated to pro ide the minimum eparation he applicant mu t obtain all nece ary appro al a ociated ith the relocation o the po er pole and underta e the relocation to the ati action o the Chie ecuti e o icer at no co t to Council Timing Prior to the commencement o the u e Alternati ely the applicant may choo e to relocate the cro ing to pro ide a minimum eparation o 1 5 metre rom the cro o er including the play on the pro i ion that all other condition are met 14 Redundant vehicular crossings All redundant ehicle cro ing mu t be remo ed and erb and channel rein tated in accordance ith Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings he remo al and rein tatement mu t be to the ati action o the Chie ecuti e O icer at no co t to Council Timing Prior to the commencement o the u e ROAD RESERVE ALTERATIONS/RECONSTRUCTION 15 Reconstruction of kerb and channel / footpath a b here erb and channel ootpath i remo ed or damaged the applicant mu t recon truct the erb and channel ootpath or the ull rontage o the de elopment ite at latyer A enue and Poinciana Cre cent to meet the re uirement o ection 4 o Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings prior to the earlier o a re ue t or compliance a e ment o the ubdi i ion plan or the commencement o the u e o the premi e he recon truction o any er ice pit or in ra tructure nece ary to achie e the re uirement o Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings hen con tructing recon tructing erb and channel and ootpath i to be at the applicant co t and at no co t to Council Timing Prior to the earlier o a re ue t or compliance a e ment o the ubdi i ion plan or the commencement o the u e o the premi e ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE 16 Connection to, alteration or realignment of Council infrastructure a he applicant mu t in re pect o any connection to alteration or realignment o Council in ra tructure regardle o it location i e ithin road par re er e or pri ate property do the ollo ing Timing Any connection alteration or realignment mu t be completed prior to the commencement o the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 195 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 i n ure that the propo ed or comply ith u e o the premi e a Planning Scheme Policy 11 – Land Development re ue t or compliance a e ment o the Guidelines, Standard Specifications and ubdi i ion plan or the Drawings i uing o a certi icate ii Apply or and obtain a de elopment permit or operational or or or in ra tructure or the o cla i ication hiche er occur ir t propo ed or iii nter into a bond agreement to en ure damage i not cau ed to Council in ra tructure and to ecure the ati actory completion o the On Maintenance period and i ubmit A Con tructed data in accordance ith Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings he connection to alteration or realignment once b appro ed mu t be underta en by the applicant at no co t to Council and be to the ati action o the Chie ecuti e O icer Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and line marking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. CONSTRUCTION MANAGEMENT 17 Construction management plan Part A Construction Management Requirements a b he con truction management plan mu t be ubmitted in accordance ith the Application or Con truction Management Plan orm and uideline or Con truction Management Plan are a ailable on Council eb ite he con truction management plan mu t addre all acti itie a ociated ith con truction e cluding noi e and du t i ue including but not limited to i ehicle acce including re pon ibility or maintenance o the de ined cartage route during hour o con truction ra ic management including loading and ii unloading Timing A con truction management plan mu t be ubmitted to and appro ed by Council prior to the i ue o any de elopment permit or the carrying out o building or he appro ed con truction management plan mu t be complied ith and ept on ite at all time during con truction 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 196 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 iii Par ing o ehicle including on ite employee or and deli ery ehicle i Maintenance o a e pede trian mo ement acro the ite rontage including by people ith di abilitie uilding a te re u e di po al i Pre entation o hoarding to the treet ii ree management c he con truction management plan mu t demon trate that the general public ill be ade uately protected i rom con truction acti itie the building ite ill be ept clean and tidy to ii maintain public a ety and amenity and demand or occupation o the treet and iii protection o Council a et ill be ell managed d he appro ed con truction management plan mu t be complied ith and ept on ite at all time Part B Road/footpath Closure Requirements here a a re ult o con truction or or acti itie it i nece ary to temporarily clo e a road ootpath under the control o Council the ollo ing re uirement ill apply a b c 18 here it i propo ed to inter ere ith a road or any building or con truction or uch a a gantry hoarding or ip bin an application or temporary clo ure o a Council controlled road mu t be ubmitted to and appro ed by Council prior to the i ue o any de elopment permit or the carrying out o building or uch application i to be lodged in con unction ith an application or appro al o a con truction management plan here it i re uired to inter ere ith a road or any building or con truction related or or a period in e ce o t o 2 ee a Road Clo ure or one permit i to be obtained rom Council ra ic Management and Operation ranch here it i re uired to occupy any portion o the road re er e in con unction ith building or con truction or a permit to occupy i to be obtained rom Council Property ection Noise management a b oi e rom con truction acti itie mu t not cau e an en ironmental nui ance ithin the meaning o that term et out in the Environmental Protection Act 1994 at any en iti e receptor tated in chedule 1 o the Environmental Protection (Noise) Policy 2008 hen re ue ted by Council monitoring mu t be underta en to in e tigate any complaint o Timing A indicated ithin the ording o the condition 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 197 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 en ironmental nui ance cau ed by noi e c he monitoring mu t be carried out i by a uitably uali ied acou tic engineer ii at the potentially a ected en iti e receptor iii by applying the procedure et out in chapter 5 part o the Environmental Protection Regulation 2008 and i ithin 5 bu ine day o receipt o the re ue t rom Council d he data and monitoring re ult mu t be pro ided to Council ithin bu ine day o completion o the monitoring the acou tic uality ob ecti e tated in chedule 1 e column o the Environmental Protection (Noise) Policy 2008 ha e been e ceeded at a en iti e receptor tated in column 1 at a time o day tated in column 2 a noi e management plan mu t be ubmitted to Council or appro al ithin 10 bu ine day o completion o the monitoring he noi e management plan mu t i be prepared by a uitably uali ied acou tic engineer pro ide detail o noi e ource ii iii identi y the mea ure and or practice that ill be implemented to en ure that noi e rom con truction acti itie doe not cau e an en ironmental nui ance ithin the meaning o that term et out in the Environmental Protection Act 1994 at any en iti e receptor tated in chedule 1 o the Environmental Protection (Noise) Policy 2008 identi y the procedure to be adopted or i monitoring o noi e emi ion pro ide detail o complaint re pon e procedure that ill be adopted identi y the procedure to be adopted or re i ion i and re ie o the noi e management plan he appro ed noi e management plan mu t be g complied ith and ept on ite at all time 19 Dust management a b he relea e o du t and particulate matter rom con truction acti itie mu t not cau e an en ironmental nui ance ithin the meaning o that term et out in the Environmental Protection Act 1994 at any en iti e receptor tated in chedule 1 o the Environmental Protection (Noise) Policy 2008 hen re ue ted by Council monitoring mu t be underta en to in e tigate any complaint o Timing A indicated ithin the ording o the condition 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 19 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 en ironmental nui ance cau ed by du t or particulate matter c he monitoring mu t be carried out i by a uitably uali ied pro e ional ii at the potentially a ected en iti e receptor iii by applying the procedure et out in chapter 5 part o the Environmental Protection Regulation 2008 and ithin 5 bu ine day o receipt o the re ue t i rom Council he data and monitoring re ult mu t be pro ided to d Council ithin bu ine day o completion o the monitoring e the air uality ob ecti e tated in chedule 1 column o the Environmental Protection (Air) Policy 2008 ha e been e ceeded at a en iti e receptor a du t management plan mu t be ubmitted to Council or appro al ithin 10 bu ine day o completion o the monitoring he du t management plan mu t i be prepared by a uitably uali ied pro e ional ii pro ide detail o ource o du t and particulate emi ion iii identi y the mea ure and or practice that ill be implemented to en ure that the relea e o du t and particulate matter rom con truction acti itie doe not cau e an en ironmental nui ance ithin the meaning o that term et out in the Environmental Protection Act 1994 at any en iti e receptor tated in chedule 1 o the Environmental Protection (Noise) Policy 2008 identi y the procedure to be adopted or i monitoring and reporting o air emi ion pro ide detail o complaint re pon e procedure that ill be adopted and identi y the procedure to be adopted or re i ion i and re ie o the du t management plan g 20 he appro ed du t management plan mu t be complied ith and ept on ite at all time Water usage he u e o potable ater i not permitted in acti itie a ociated ith road and pa ement con truction the compaction o ill material or du t uppre ion he u e o recycled ater i encouraged e pecially here other alternati e ource do not e i t here recycled ater i propo ed to be u ed he u e o the recycled ater mu t be in accordance a ith the re uirement o the old Coa t ater Timing At all time hile are occurring or 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 199 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Recycled ater Management Plan R MP hich et out the re uirement or tran port and u e o recycled ater b he applicant mu t ir t complete the Recycled ater er Operator raining ith old Coa t ater in accordance ith the R MP Proo o completion o the training cour e ill be by i ue o a alid certi ication card he applicant can only contract to u e a recycled ater c carrier ho i accredited and certi ied by old Coa t ater Accreditation re uire a current authori ed agreement bet een the ater carrier and old Coa t ater and d he ater carrier i only allo ed to employ certi ied tan er operator dri er ho ha e completed the recycled ater training cour e ith old Coa t ater and hold a alid certi ication card Information note: To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692. Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008. 21 Workplace health and safety he Workplace Health and Safety Act 2011 and A 1742 Manual of Uniform Traffic Control Devices mu t be complied ith in carrying out the or including en uring a e tra ic control and a e public acce in re pect o or being conducted on a road 22 Public safety to be ensured he applicant mu t at no co t to Council en ure that all rea onable a eguard in and around the or are underta en and maintained at all time to en ure the a ety o the public uch a eguard include but are not limited to erecting and maintaining barricade guard encing and ign and en uring remo al a ter completion o or and atching and lagging tra ic Timing At all time hile are occurring or Timing At all time hile are occurring or ELECTRICAL RETICULATION 23 Electricity supply to MCU developments and private estates he applicant mu t ubmit to Council a copy o the Timing Prior to the earlier o Council compliance 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 200 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Certi icate o upply rom an authori ed electricity upplier a e ment o eg R a e idence that underground ubdi i ion plan or the commencement o the lo oltage electricity upply i a ailable to the a u e de elopment ite and all propo ed lot d elling ithin the ite i e u icient or the ultimate u e o the ite b 24 n upplying po er to the ite no additional pole and or pole mounted tran ormer are to be erected ithin the road re er e Telecommunications – MCU he applicant mu t a b c Pro ide underground telecommunication to the ub ect building lead in conduit and e uipment pace in a uitable location ithin the building to uit the carrier o choice ne pit and pipe in ra tructure i re uired to be in talled ithin the road re er e ronting the ite it mu t be uitably i ed to cater or uture in tallation o ibre optic cable Pro ide certi ication to Council rom the authori ed telecommunication carrier contractor that the or and in ra tructure re uired abo e ha e been underta en and in talled in accordance ith telecommunication indu try tandard eg el tra tandard Timing Prior to commencement o the u e HYDRAULICS 25 No worsening of hydraulic conditions he de elopment mu t be de igned and con tructed o a to re ult in a o increa e in pea lo rate do n tream rom the ite o increa e in lood le el e ternal to the ite and b c o increa e in duration o inundation e ternal to the ite that could cau e lo or damage 26 Alteration of overland flow paths O erland lo path on the ite mu t not be altered in a ay that inhibit or alter the characteri tic o e i ting o erland lo on other propertie or that create an increa e in lood damage on other propertie Timing At all time Timing At all time STORMWATER AND WATER QUALITY 27 Stormwater management plan to be complied with he applicant mu t ubmit certi ication rom a Regi tered Pro e ional ngineer ueen land RP peciali ed in torm ater management con irming that all or ha e been carried out and completed in accordance ith the appro ed Timing he certi ication mu t be ubmitted prior to the commencement o the u e o the 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 201 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 torm ater management report being torm ater premi e Management Plan or Propo ed Childcare Centre at ot 12 1 on RP 7176 92 latyer A enue undall prepared by nobel Con ulting Pty td dated 14 April 2015 Information note: hi condition i impo ed in accordance ith ection 665 o the u tainable Planning Act 2009 i e non trun in ra tructure 28 SQIDs maintenance management plan All ongoing maintenance and monitoring o torm ater treatment de ice e g bio retention y tem mu t be underta en in accordance ith the appro ed torm ater management plan ection 1 ater en iti e rban e ign uideline o CCC and e elopment guideline and managed by the legal entity o the de elopment at no co t to Council to the ati action o Chie ecuti e O icer Timing At all time EROSION AND SEDIMENT CONTROL 29 Erosion and sediment control a ro ion ediment and du t control mea ure mu t be implemented in accordance ith the appro ed plan dra ing and the Best Practice Erosion & Sediment Control CA Au trala ia o ember 200 b ediment control tructure eg ediment ence mu t be placed at the ba e o all material imported on ite to mitigate any ediment runo A perimeter bund and or di er ion drain mu t be con tructed around the di turbed area to pre ent any out ide clean torm ater rom mi ing ith polluted contaminated torm ater All polluted contaminated ater rom the ite including de atering di charge mu t be treated to achie e the ater uality ob ecti e in able 2 1 o the Queensland Water Quality Guidelines RM eptember 2009 prior to di charging rom the ite he ollo ing in pection program mu t be carried out be ore the ite i ully rehabilitated i Regular in pection to en ure that ade uate ero ion control mea ure are in place and in good condition both during and a ter con truction and ii n pection a ter each torm e ent to a e the ade uacy o the ero ion control mea ure he applicant mu t recti y any damage or non per orming ero ion control de ice and clean up any ediment that ha le t the ite or i on the road ithin and e ternal to the ite c d e Timing uring con truction building or 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 202 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 AMENITY 30 31 Hours of operation a All acti itie a ociated ith the operation o the u e are to be conducted only bet een the hour o 7 00am to 6 00pm Monday to riday public holiday e cluded b Playground acti ity mu t not occur be ore 7 00am Delivery and collection hours eli ery and collection acti itie mu t be conducted bet een the hour o 7 00am to 6 00pm Monday to riday 32 Restricted paint colours uilding and tructure mu t not be painted in highly re lecti e bright or obtru i e colour 33 Location of equipment and ventilation/refrigeration units All er ice e uipment mechanical entilation and re rigeration unit a ociated ith the u e o the premi e mu t be in talled located and creened to the ati action o the Chie ecuti e O icer o a not to cau e nui ance or di turbance to per on out ide the curtilage o the premi e 34 Refuse storage area A creened re u e torage area mu t be located on ite and be connected to the internal plumbing and drainage y tem to the ati action o the Chie ecuti e O icer 35 Screening of storage he torage o any machinery material or ehicle mu t be creened o a not to be i ible rom any road to hich the ite ha rontage to the ati action o the Chie ecuti e O icer 36 No nuisance from lighting All lighting de ice mu t be po itioned on the premi e and hielded to the ati action o the Chie ecuti e O icer o a not to cau e glare or other nui ance to urrounding re ident and motori t 37 Acoustic barrier appearance he 2 5 metre acou tic barrier located on the ea tern and outhern boundarie mu t be de igned and con tructed to the ati action o the Chie ecuti e O icer and incorporate the ollo ing a e de igned and con tructed ith aried material and te ture a detailed in the acou tic report prepared by CR Acou tic dated 27 April 2015 and letter dated 2 Timing At all time once the u e ha commenced Timing A indicated ithin the ording o the condition Timing At all time Timing At all time once the u e ha commenced Timing Prior to the commencement o the u e and maintained or the li e o the de elopment Timing At all time once the u e ha commenced Timing At all time Timing Prior to commencement o the u e and maintained at all time 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 20 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 April 2015 Re erence o 15020 report 14004 etter 2 04 15 b a e all ection abo e 1 metre in height con tructed ith tran parent material ACOUSTICS 38 Acoustic design and construction 39 he de elopment mu t be de igned and con tructed in accordance ith the recommendation outlined in the acou tic report prepared by CR Acou tic dated 27 April 2015 Re erence o 15020 report Any alteration to the de ign or con truction o the de elopment that pre ent the recommendation o the appro ed acou tic report being implemented ill re uire an amended acou tic report to be ubmitted and appro ed by Council Compliance report An acou tic compliance report prepared by a uitably uali ied acou tic con ultant hall be ubmitted to Council ee ing appro al he report hall certi y that the de elopment ha been de igned and con tructed in accordance ith the e tabli hed noi e criteria and recommendation outlined in the appro ed acou tic report 40 Acoustic barrier A 1 2 5 metre high acou tic barrier mu t be de igned and con tructed in accordance ith the recommendation detailed in the acou tic report prepared by CR Acou tic dated 27 April 2015 and letter dated 2 April 2015 Re erence o 15020 report 14004 etter 2 04 15 41 Air conditioning Air conditioning mu t be pro ided to all room a ected by road tra ic noi e to en ure noi e a ected unit ha e ade uate entilation ith a clo ed a ade Timing Prior to the i ue o a de elopment permit or building or Timing Prior to the i ue o a de elopment permit or building or Timing Prior to commencement o the u e and maintained at all time Timing Prior to the i ue o a de elopment permit or building or and maintained at all time VEGETATION MANAGEMENT 42 Vegetation works OPW application required hi appro al doe not appro e egetation clearing or damage A de elopment application or operational or egetation or mu t be made to and appro ed by Council or any or propo ing clearing or damage to any Protected egetation he application mu t be accompanied by a copy o each o the ollo ing plan and here a plan ha already been appro ed that plan mu t be accompanied by the corre ponding appro al documentation ie deci ion notice or letter o appro al Timing Prior to the commencement o any operational or or egetation clearing 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 204 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 a he appro ed MC RO layout plan b Plan clearly identi ying hich egetation i propo ed to be remo ed and hich egetation i propo ed to be retained or thi condition Protected Vegetation i de ined a egetation that i • e ual to or in e ce o 40 centimetre in girth circum erence mea ured at 1 metre abo e a erage ground le el irre pecti e o the domain or AP or • e ual to or in e ce o our metre in height in the Rural Par i ing or merging Communitie omain urleigh Ridge AP Coomera AP Precinct 7 9 and 10 Coomera o n Centre Precinct 10 and 11 Currumbin ill AP agleby AP Precinct 6 a t Coomera a alpah Con er ation AP uragunbah AP ope land AP Precinct Mudgeeraba illage AP erang AP Precinct 9 and 10 outh tradbro e AP pland r and oodland ay AP e t urleigh o n hip AP or atala nterpri e Area AP Note: The above condition also applies to retrospective vegetation works OPW applications. LANDSCAPE WORKS ON PRIVATE LAND 43 44 Detailed landscape plan to be submitted for approval a he applicant mu t ubmit to Council or appro al a detailed land cape plan by ma ing a de elopment application or operational or land cape or b ithout limiting the re uirement o the planning cheme Landscape Work Specific Development Code the detailed land cape plan mu t e prepared by a uali ied land cape architect or i imilar land cape de ign pro e ional e in general accordance ith the tatement o ii and cape ntent being plan no 150 CP1 2 re A title A CAP P A O date April 2015 prepared by MAR A OC A CAP ARC C iii Re lect the appro ed layout including any amendment to that layout re uired by the e condition and the condition o thi appro al and Comply ith Planning Scheme Policy 13 – i Landscape Strategy Part 2 – Landscape Works Documentation Manual The required landscaping plan must also demonstrate the following: a ree pecie mu t be nati e e ergreen canopy hade tree ith a minimum bag i e o 100litre at the time o Timing Appro al o propo ed land cape or mu t be obtained prior to the earlier o the commencement o operational or land caping or the i ue o a certi icate o cla i ication 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 205 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 planting Palm pecie mu t be a minimum metre in height at b the time o planting creening hrub pecie mu t be a minimum 45 litre c pot i e at the time o planting hrub pecie mu t be a minimum 00 pot i e at the d time o planting 45 Frontage Fencing rontage encing or thi de elopment mu t comply ith the ollo ing he ence rece e are et bac a minimum 00mm ithin the ite boundary and creen hrub planting are incorporated bet een the ence and the boundary 46 Car Park bays Eastern Boundary he a tern boundary car tree planting bay mu t be e tended an e tra 500mm bet een car par pace here tree are propo ed ree mu t be then planted at 1 metre o ence line SEWERAGE 47 Application for compliance permit for sewerage works required he applicant mu t ma e an application to Council Plumbing and rainage er ice or a compliance permit or any compliance a e able e erage or ithin the property ithout limiting the re uirement o the Plumbing and Drainage Act 2002 ith hich the or mu t comply the application mu t be accompanied by a hydraulic de ign or all e erage or ithin the property b comply ith Council i Trade Waste Policy and ii Trade Waste Pre-treatment Policy and Guidelines) and c comply ith Council a te Management Policy Relating to Re u e Re uirement or Propo ed and i ting uilding e elopment ithin the City o old Coa t dated anuary 1995 Information note: a • Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. • Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste. Timing Prior to any on ite e erage or occurring on ite 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 206 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 48 Sewer reticulation he de elopment mu t be connected to Council e er reticulation y tem at the applicant co t a b he i e o the e er property er ice connection hall be a minimum 150mm unle it can be demon trated to old Coa t ater that the e i ting 100mm property connection i i Timing Prior to commencement o the u e o the premi e uitably located ii meet hydraulic capacity and iii in ound condition a e ed by clo ed circuit tele i ion CC material and age in accordance ith ection 4 5 4 o the e erage e ign Con truction Code C Code 49 Design, construction and standard of sewer reticulation he de ign con truction and tandard o the re uired e er reticulation in ra tructure to be carried out by the applicant mu t be in accordance ith outh a t ueen land ater upply and e erage e ign and Con truction Code C Code 50 Connection point he e i ting 150mm e er main near the north ea tern corner o the de elopment ite mu t be u ed a the connection point unle other i e appro ed by old Coa t ater 51 Connections and disconnections – arrangements with Gold Coast Water All connection and di connection to the e i ting e erage net or are to be at the applicant co t he applicant mu t obtain ritten appro al or the connection and di connection to the e i ting ater net or rom old Coa t ater phone 1 00 694 222 52 Redundant Sewer Property Connections he applicant mu t ma e an application or old Coa t ater to remo e or to eal and cap any redundant e er property er ice connection at the applicant co t ecommi ioning o redundant a et mu t comply ith Gold Coast Waters Network Development and Connections Policy and Procedure. Timing At all time Timing Prior to commencement o the u e o the premi e Timing Prior to connection to e i ting in ra tructure Timing Prior to the earlier o acceptance o any or On Maintenance or commencement o the u e o the premi e WATER SUPPLY RETICULATION 53 Application for compliance permit for water supply plumbing work required he applicant mu t ma e an application to Council Plumbing and rainage er ice or a compliance permit or any Timing Prior to or occurring 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 207 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 compliance a e able ater upply plumbing or ithin the property ithout limiting the re uirement o the Plumbing and Drainage Act 2002 ith hich the or mu t comply the application mu t a be accompanied by a hydraulic de ign or all ater er ice ithin the property and b comply ith ection 7 o Council Land Development Guidelines Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works 54 Water supply reticulation (potable only) he de elopment mu t be connected to Council potable ater upply y tem at no co t to Council 55 Design, construction and standard of water supply reticulation Timing Prior to commencement o u e Timing At all time he de ign con truction and tandard o the re uired ater upply reticulation in ra tructure to be carried out by the applicant mu t be in accordance ith outh a t ueen land ater upply and e erage e ign and Con truction Code C Code 56 Connection point a b 57 he e i ting 100mm potable ater main in Poinciana Cre cent mu t be u ed a the potable ater upply connection point unle other i e appro ed by old Coa t ater here main e i t on the oppo ite ide o the treet conduit are re uired to be in talled to er ice the propo ed de elopment by thru t boring the road open cutting o the road i not permitted Installation of property service, water meter box and meter he applicant mu t a Ma e application to old Coa t ater or old Coa t ater A et Audit and ando er ection phone 1 00 694 222 to arrange the property er ice meter bo and meter in tallation i he property er ice ater meter bo and ater meter hall be pro ided at the boundary o the de elopment ite in accordance ith outh a t ueen land e ign and Con truction Code C Code and or any applicable CO C policie and procedure at the applicant co t Timing Prior to commencement o the u e o the premi e Timing Prior to commencement o the u e o the premi e 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 20 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 b 58 Ma e application or old Coa t ater to remo e any redundant ater meter and or er ice at the applicant co t Remo al mu t comply ith Gold Coast Waters Network Development and Connections Policy and Procedure. Connections and disconnections – arrangements with Gold Coast Water All connection and di connection to the e i ting ater net or are to be at the applicant co t he applicant mu t obtain ritten appro al or the connection and di connection to the e i ting ater net or rom old Coa t ater phone 1 00 694 222 59 Supply standard he applicant mu t pro ide ater upply to the tandard peci ied in old Coa t City Council Land Development Guidelines and old Coa t ater Development Network and Connection Procedure 60 Fire loading ire loading mu t not e ceed 15 or 2 hour duration Timing Prior to connection to e i ting in ra tructure Timing At all time Timing At all time ADVISORY NOTES TO APPLICANT B Compliance with the Food Act 2006 and Council’s minimum requirements for food premises he operation hall comply ith the Food Act 2006 and Council minimum re uirement or ood premi e he operator hall en ure all appro al are ought rom the ealth Regulatory and i eguard er ice ranch o Council prior to commencement o the u e that i the ub ect o thi appro al C Conditions contained within the Decision Notice here applicable condition o appro al in thi eci ion otice ha e a eparate timing component to clari y hen compliance ith the condition mu t be achie ed hi timing component orm part o the condition it el D Properly made submissions here ere properly made ubmi ion about the application he name and addre o the principal ubmitter or each properly made ubmi ion i attached to the deci ion notice E Rights of appeal he applicant ha a right o appeal to the Planning and n ironment Court regarding thi deci ion pur uant to section 461 of the Sustainable Planning Act 2009 A copy o that ection i attached to the deci ion notice or particular material change o u e an appeal can al o be made to a uilding and e elopment Committee Plea e re er to the prere ui ite in sections 519 and 522 of the Sustainable Planning Act 2009 attached to thi deci ion notice to determine hether you ha e appeal right to a uilding and e elopment Committee 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 209 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 ubmitter ho made properly made ubmi ion ha e a right o appeal to the Planning and n ironment Court regarding thi deci ion pur uant to section 462 of the Sustainable Planning Act 2009 A copy o that ection i attached to the deci ion notice F Applicant responsibilities he applicant i re pon ible or ecuring all nece ary appro al and tenure pro iding tatutory noti ication and complying ith all rele ant la othing in thi deci ion notice alle iate the need or the applicant to comply ith all rele ant local tate and Common ealth la and to en ure appropriate tenure arrangement ha e been made here the u e o reliance upon land other than that o ned by the applicant i in ol ed ithout limiting thi obligation the applicant i re pon ible or a Obtaining all other urther nece ary appro al licence permit re ource entitlement etc by hate er name called re uired by la be ore the de elopment the ub ect o thi appro al can be la ully commenced and to carry out the acti ity or it duration b Pro iding any noti ication re uired by la by ay o e ample only to noti y the admini tering authority pur uant to the Environmental Protection Act 1994 o en ironmental harm being cau ed threatened by the acti ity and upon becoming a are the premi e i being u ed or a noti iable acti ity c ecuring tenure permi ion rom the rele ant o ner to u e pri ate or public land not o ned by the applicant including or acce re uired by condition o appro al d n uring the correct iting o tructure on the land An identi ication ur ey demon trating correct iting and etbac o tructure may be re ue ted o the applicant to en ure compliance ith thi deci ion notice and applicable code e Pro iding Council ith proo o payment o the Portable ong er ice ea e building con truction le y or proo o appropriate e emption here the alue o the Operational or e ceed 150 000 Acceptable proo o payment i a ea e oti ication and Payment orm appro ed by the Authority Proo o payment mu t be pro ided be ore Council can i ue a de elopment permit or the Operational or hi i a re uirement o ection 77 1 o the Building and Construction Industry (Portable Long Service Leave) Act 1991; and Ma ing payment o any out tanding Council rate and charge applicable to the de elopment ite prior to the lodgement o ubdi i ion plan G Indigenous cultural heritage legislation and duty of care requirement he Aboriginal Cultural Heritage Act 2003 AHCA i admini tered by the epartment o Aboriginal and orre trait lander and Multicultural A air A MA he A CA e tabli he a duty o care to ta e all rea onable and practicable mea ure to en ure any acti ity doe not harm Aboriginal cultural heritage hi duty o care a not negated by the i uing o thi de elopment appro al b Applie on all land and ater including reehold land c ie ith the per on or entity conducting an acti ity and d breached i ub ect to criminal o ence penaltie ho e propo ing an acti ity in ol ing ur ace di turbance beyond that hich ha already occurred at the propo ed ite mu t ob er e thi duty o care 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 210 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 & 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 etail o ho to ul il thi duty o care are outlined in the duty o care guideline ga etted ith the A CA he applicant hould contact A MA Cultural eritage Coordination nit on 07 405 050 or urther in ormation on the re pon ibilitie o de eloper under the A CA H Greenhouse gas emissions A part o Council commitment to reducing greenhou e ga emi ion Council i encouraging the e pan ion o the natural ga reticulation net or n particular the u e o natural ga hot ater y tem ill re ult in igni icantly le greenhou e ga emi ion than e ui alent electric torage hot ater y tem he applicant hould contact the local natural ga reticulator APA roup to arrange an a e ment o the uitability o the propo ed de elopment or connection to the e i ting ga reticulation net or Plea e contact Ramon O ee e on 04 70 79 or email ramon o ee e apa com au I Infrastructure charges n ra tructure charge are no le ied under a Charge Re olution by ay o an n ra tructure Charge otice hich accompanie thi deci ion notice J Obligation to ensure electrical safety nder the Electrical Safety Act 2002 you ha e an obligation to en ure your bu ine or underta ing i conducted in an electrically a e ay hether or not it i electrical or there i a rea onable li elihood that your or may cau e a per on ehicle operating plant or e uipment to come into contact ith an o erhead electric line you mu t con ult ith the per on in control o po erline Per on ehicle operating plant or e uipment mu t tay out ide the de ined e clu ion one applicable to the po erline Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662. K Water restrictions to be complied with All per on and or companie engaging in land caping or mu t comply ith current ater re triction he e re triction detail peci ic time and method or the atering o ne ly e tabli hed garden and tur or both re idential and non re idential de elopment Any per on or company ound contra ening current ater re triction may incur ine o up to 200 penalty unit Water Supply (Safety and Reliability) Act 2008 ection 4 1 Penalty nit 100 00 Author: hane Authorised by: etering Planning O icer 29 eptember 2015 Ali ha ain Acting irector Planning and n ironment 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 211 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILDCARE CENTRE - LOT 12 ON RP87176 AND LOT 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 COMMITTEE RECOMMENDATION CP15.1014.003 moved Cr Owen-Jones seconded Cr Betts That Council resolves as follows: Real property description Lot 12 on RP87176 , Lot 13 on RP87176 Address of property 92 Slatyer Avenue Bundall Area of property 1022m2 Decision type Development Permit for a Material Change of Use for a Childcare Centre Further development permits Building Works, Operational Works (Landscape Works), Operational Works (Vegetation Works), Vehicular Crossover Further compliance permits Sewerage Works, Water Supply Plumbing Compliance assessment required for documents or works Acoustic Compliance Report NATURE OF DECISION A Council approves the issue of a development permit for material change of use for a Childcare Centre, subject to the following conditions: APPROVED DRAWINGS 1 Amended plans/drawings to be submitted a Plan No. Amended plans/drawings must be submitted generally in accordance with: Rev. Title Date Prepared by SK-02A - Site Plan 29/06/2015 Black Ink Architecture SK-03A - Ground Floor 29/06/2015 Black Ink Architecture SK-04A - Ground Floor 29/06/2015 Black Ink Architecture SK-05A - Roof 29/06/2015 Black Ink Architecture SK-06 - Elevations 1 29/06/2015 Black Ink Architecture SK-07 - Elevations 1 29/06/2015 Black Ink Architecture SK-08 - Elevations 1 29/06/2015 Black Ink Architecture SK-09 - Impressions 1 29/06/2015 Black Ink Architecture SK-10 - Impressions 2 29/06/2015 Black Ink Architecture 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 212 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 showing the following amendments: i Coloured elevations of all acoustic barriers, including details of materials, textures and colours. ii Widen the vehicle crossing and driveway at the front property boundary to a minimum of 5.5m, suitable for two way traffic. This could possibly be achieved by minor narrowing of the pedestrian entry path from Poinciana Crescent. b iii Remove of the pedestrian sight triangle shown on the northern side of the driveway which is not required by Section 3.2.4b of AS2890.1-2004 Parking Facilities Part 1: Off Street Car Parking. iv Provide wheel stops to all car parking spaces fronting onto an areas used by pedestrians designed in accordance with Section 2.4.5.4 of AS2890.1-2004 Parking Facilities Part 1: Off Street Car Parking. The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Issue of a development permit for the carrying out of building work. The amended plans/drawings, when approved by the Chief Executive Officer, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings. 2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development or operational works application relating to or arising from this development approval. 3 Decision notice and approved plans/drawings to be retained on site Timing As indicated within the wording of the condition. Timing At all times. A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. 4 Lots to be amalgamated Lots 12 on RP87176 and Lot 13 on RP87176 must be amalgamated into one lot. The plan of amalgamation must be registered. Timing Prior to commencement of the use of the premises. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 21 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 5 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works, including expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to Devcom_Operational@goldcoast.qld.gov.au ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. Timing After successful completion of any prestart inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/formsapplications.html. WORKS - COMPLIANCE 6 Certification of compliance All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years’ experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field. Timing The applicant must submit the certification prior to the earliest of compliance assessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use. CAR PARKING AND ACCESS 7 Off street car parking facilities a b c Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for vehicle parking. A minimum combined total of 15 off-street car parking spaces must be provided for on-site. Timing Prior to the commencement of the use and at all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 214 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 d Designated staff parking located facing the eastern boundary e Off-street car parking facilities must be drained, sealed and line marked. 8 Maximum staff and children numbers No more than 6 staff and 45 children may be present on the site at any one time. 9 Freely accessible visitor car parking a b c 10 All car parking must be accessible, not subject to regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours. Staff and visitor parking must be clearly identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council. Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council: a Signs and line marking to identify persons with disabilities parking (AS2890.6). 11 Sight lines to pedestrians Where a driveway meets a property boundary to a public roadway, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on the exit side of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions. Timing At all times once the use has commenced. Timing Prior to the commencement of the use and at all times. Timing Prior to the commencement of the use and at all times. Timing Prior to the commencement of the use and at all times. VEHICULAR CROSSINGS AND DRIVEWAYS 12 Vehicular crossings a The vehicular crossings (driveway entry within the road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, Timing Prior to commencement of the use on the site. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 215 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 commercial and multi-unit residential. b The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the satisfaction of the Chief Executive Officer. 13 Relocation of power pole There must be a minimum separation of 1.5 metres between the power pole and the crossover (including the splays). If this cannot be achieved, the pole must be relocated to provide the minimum separation. The applicant must obtain all necessary approvals associated with the relocation of the power pole and undertake the relocation to the satisfaction of the Chief Executive officer, at no cost to Council. Timing Prior to the commencement of the use. Alternatively, the applicant may choose to relocate the crossing to provide a minimum separation of 1.5 metres from the crossover (including the splays) on the provision that all other conditions are met. 14 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council. Timing Prior to the commencement of the use. ROAD RESERVE ALTERATIONS/RECONSTRUCTION 15 Reconstruction of kerb and channel / footpath a b Where kerb and channel / footpath is removed or damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontages of the development site at Slatyer Avenue and Poinciana Crescent to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council. Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 216 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE 16 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to, alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works; iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer. Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and line marking. Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing. CONSTRUCTION MANAGEMENT 17 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 217 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 development permit for Council’s website. the carrying out of b The construction management plan must address all building work. activities associated with construction (excluding noise and dust issues), including but not limited to: The approved i Vehicle access (including responsibility for construction maintenance of the defined cartage route) during management plan must hours of construction; be complied with and ii Traffic management (including loading and kept on-site at all times unloading); during construction works. iii Parking of vehicles (including on site employees and delivery vehicles); iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management. c The construction management plan must demonstrate that: i the general public will be adequately protected from construction activities; ii the building site will be kept clean and tidy to maintain public safety and amenity; and iii demand for occupation of the street and protection of Council assets will be well managed. d The approved construction management plan must be complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. a b c Where it is proposed to interfere with a road for any building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 21 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 18 Noise management a b c d e f g Noise from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise. The monitoring must be carried out: i by a suitably qualified acoustic engineer; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5, part 3 of the Environmental Protection Regulation 2008; and iv within 5 business days of receipt of the request from Council. The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring. If the acoustic quality objectives stated in schedule 1, column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The noise management plan must: i be prepared by a suitably qualified acoustic engineer; ii provide details of noise sources; iii identify the measures and work practices that will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; iv identify the procedures to be adopted for monitoring of noise emissions; v provide details of complaint response procedures that will be adopted; vi identify the procedures to be adopted for revision and review of the noise management plan. The approved noise management plan must be complied with and kept on-site at all times. Timing As indicated within the wording of the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 219 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 19 Dust management a b c d e f g The release of dust and particulate matter from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter. The monitoring must be carried out: i by a suitably qualified professional; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5, part 3 of the Environmental Protection Regulation 2008; and iv within 5 business days of receipt of the request from Council. The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring. If the air quality objectives stated in schedule 1, column 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate emissions; iii identify the measures and work practices that will be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; iv identify the procedures to be adopted for monitoring and reporting of air emissions; v provide details of complaint response procedures that will be adopted; and vi identify the procedures to be adopted for revision and review of the dust management plan. The approved dust management plan must be complied with and kept on-site at all times. Timing As indicated within the wording of the condition. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 220 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 20 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water; b The applicant must first complete the Recycled Water User Operator Training with Gold Coast Water, in accordance with the RWMP. Proof of completion of the training course will be by issue of a valid certification card; c The applicant can only contract to use a recycled water carrier who is accredited and certified by Gold Coast Water. Accreditation requires a current authorised agreement between the water carrier and Gold Coast Water; and d The water carrier is only allowed to employ certified tanker operator/drivers, who have completed the recycled-water training course with Gold Coast Water and hold a valid certification card. Information note: To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692. Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008. 21 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road. 22 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, Timing At all times while works are occurring. Timing At all times while works are occurring. Timing At all times while works are occurring. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 221 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic. ELECTRICAL RETICULATION 23 Electricity supply to MCU developments and private estates The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground a low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve. 24 Telecommunications – MCU The applicant must: a Provide underground telecommunications to the subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards). Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use. Timing Prior to commencement of the use. HYDRAULICS 25 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site that could cause loss or damage. 26 Alteration of overland flow paths Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. Timing At all times. Timing At all times. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 222 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 STORMWATER AND WATER QUALITY 27 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management report, being “Stormwater Management Plan for Proposed Childcare Centre at Lots 1213 on RP87176, 92 Slatyer Avenue Bundall” prepared by Knobel Consulting Pty Ltd dated 14 April 2015. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure). 28 SQIDs maintenance management plan All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-retention system) must be undertaken in accordance with the approved stormwater management plan / Section 13 (Water Sensitive Urban Design Guidelines) of GCCC Land Development guidelines and managed by the legal entity of the development, at no cost to Council to the satisfaction of Chief Executive Officer. Timing The certification must be submitted prior to the commencement of the use of the premises. Timing At all times. EROSION AND SEDIMENT CONTROL 29 Erosion and sediment control a Erosion, sediment and dust control measures must be implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). b Sediment control structures (eg. sediment fence) must be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and c d e Timing During construction/building works. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 22 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or nonperforming erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site. AMENITY 30 Hours of operation a b 31 All activities associated with the operation of the use are to be conducted only between the hours of 7:00am to 6:00pm, Monday to Friday, public holidays excluded. Playground activity must not occur before 7:00am. Delivery and collection hours Delivery and collection activities must be conducted between the hours of 7:00am to 6:00pm Monday to Friday. 32 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours. 33 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises. 34 Refuse storage area A screened refuse storage area must be located on-site and be connected to the internal plumbing and drainage system to the satisfaction of the Chief Executive Officer. 35 Screening of storage The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer. 36 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists. 37 Acoustic barrier appearance The 2.5 metre acoustic barrier located on the eastern and southern boundaries must be designed and constructed to Timing At all times once the use has commenced. Timing As indicated within the wording of the condition. Timing At all times. Timing At all times once the use has commenced. Timing Prior to the commencement of the use and maintained for the life of the development. Timing At all times once the use has commenced. Timing At all times. Timing Prior to commencement of the use and 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 224 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 the satisfaction of the Chief Executive Officer and incorporate maintained at all times. the following: a Be designed and constructed with varied materials and textures as detailed in the acoustic report prepared by CRG Acoustics dated 27 April 2015 and letter dated 23 April 2015 (Reference No. 15020 report & 14004 Letter 23_04_15). b Have all sections above 1.8 metres in height constructed with transparent materials. ACOUSTICS 38 Acoustic design and construction 39 The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics dated 27 April 2015 (Reference No. 15020 report). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council. Compliance report An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council seeking approval. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report. 40 Acoustic barrier A 1.8-2.5 metre high acoustic barrier must be designed and constructed in accordance with the recommendations detailed in the acoustic report prepared by CRG Acoustics dated 27 April 2015 and letter dated 23 April 2015 (Reference No. 15020 report & 14004 Letter 23_04_15). 41 Air conditioning Air conditioning must be provided to all rooms affected by road traffic noise to ensure noise-affected units have adequate ventilation with a closed fa ade. Timing Prior to the issue of a development permit for building works. Timing Prior to the issue of a development permit for building works. Timing Prior to commencement of the use and maintained at all times. Timing Prior to the issue of a development permit for building works and maintained at all times. VEGETATION MANAGEMENT 42 Vegetation works OPW application required This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied Timing Prior to the commencement of any operational works for vegetation clearing. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 225 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)): a The approved MCU / ROL layout plan. b Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained. For this condition ‘Protected Vegetation’ is defined as vegetation that is: x equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or x equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP. Note: The above condition also applies to retrospective vegetation works OPW applications. LANDSCAPE WORKS ON PRIVATE LAND 43 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval a detailed landscape plan, by making a development application for operational work (landscape work). b Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or similar landscape design professional; ii Be in general accordance with the Statement of Landscape Intent, being plan no 1503-LCP1/2, rev A, title LANDSCAPE PLAN/NOTES, date April 2015, prepared by MARK BALDOCK LANDSCAPE ARCHITECT; iii Reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; and iv Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual. Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 226 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 44 The required landscaping plan must also demonstrate the following: a b c d 45 Tree species must be native evergreen canopy shade trees with a minimum bag size of 100litre at the time of planting. Palm species must be a minimum 3 metres in height at the time of planting. Screening shrub species must be a minimum 45 litre pot size at the time of planting. Shrub species must be a minimum 300 pot size at the time of planting. Frontage Fencing Frontage fencing for this development must comply with the following. The fence recesses are set back a minimum 800mm within the site boundary and screen shrub plantings are incorporated between the fence and the boundary. 46 Car Park bays Eastern Boundary The Eastern boundary car trees planting bays must be extended an extra 500mm between car park spaces where trees are proposed. Trees must be then planted at 1 metre off fence line. SEWERAGE 47 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works within the property; b comply with Council’s: i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and Guidelines); and c comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995. Information note: x Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. x Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The Timing Prior to any on-site sewerage works occurring on site. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 227 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste. 48 Sewer reticulation a b 49 The development must be connected to Council’s sewer reticulation system at the applicant’s cost. The size of the sewer property service connection shall be a minimum 150mm, unless it can be demonstrated to Gold Coast Water that the existing 100mm property connection is: i suitably located, ii meets hydraulic capacity, and iii in sound conditions assessed by closed-circuit television (CCTV), material and age. in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code). Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 50 Connection point The existing 150mm sewer main near the north eastern corner of the development site, must be used as the connection point, unless otherwise approved by Gold Coast Water. 51 Connections and disconnections – arrangements with Gold Coast Water All connections and disconnections to the existing sewerage network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222). 52 Redundant Sewer Property Connections The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Development and Connections Policy and Procedure. Timing Prior to commencement of the use of the premises. Timing At all times. Timing Prior to commencement of the use of the premises. Timing Prior to connection to existing infrastructure. Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises. 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 22 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 WATER SUPPLY RETICULATION 53 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water services within the property; and b comply with Section 7 of Council’s Land Development Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 54 55 Water supply reticulation (potable only) Timing Prior to works occurring. The development must be connected to Council’s potable water supply system at no cost to Council. Timing Prior to commencement of use. Design, construction and standard of water supply reticulation Timing At all times. The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code). 56 Connection point a b 57 The existing 100mm potable water main in Poinciana Crescent must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water. Where mains exist on the opposite side of the street, conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted). Installation of property service, water meter box and meter The applicant must: a Make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water meter shall be provided, at the boundary of the Timing Prior to commencement of the use of the premises. Timing Prior to commencement of the use of the premises 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 229 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost; b 58 Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicant's cost. Removal must comply with Gold Coast Waters Network Development and Connections Policy and Procedure. Connections and disconnections – arrangements with Gold Coast Water All connections and disconnections to the existing water network are to be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222). 59 Supply standard The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water’s Development Network and Connection Procedure. 60 Fire loading Fire loading must not exceed 15L/s for 2 hours duration. Timing Prior to connection to existing infrastructure. Timing At all times. Timing At all times. ADVISORY NOTES TO APPLICANT B Compliance with the Food Act 2006 and Council’s minimum requirements for food premises The operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval. C Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself. D Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice. E Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 2 0 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. F Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans. G Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and 706th Council Meeting 20 October 2015 City Planning Committee Meeting 14 October 2015 2 1 Adopted Report ITEM 3 (CONTINUED) DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE – LOTS 12 13 ON RP87176 - 92 SLATYER AVENUE, BUNDALL – DIVISION 7 PN51033/01/DA2 d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA. H Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’keefe@apa.com.au. I Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice. J Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662. K Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00). CARRIED