FINISHES LEGEND 792nd Council Meeting 25 August 2020 AF01 APPLIED FINISH TYPE 01 - LIGHT GREY174 Planning and Environment Committee Meeting 20 August 2020 AF02 APPLIED FINISH TYPEAdopted 02 - BEIGE Report AF03 APPLIED FINISH TYPE 03 - DARK GREY BAL01 GLASS BALUSTRADE TYPE 01 -LIGHT CS01 CLADDING SYSTEM 01 -GREY EPC01 EXTERNAL POWDERCOAT TYPE 01 -LIGHT EPC02 EXTERNAL POWDERCOAT TYPE 02 -DARK GT01 GLASS TYPE 01 -CLEAR GT02 GLASS TYPE 02 -TINTED
NOTE: PLANTING SHOWN AS INDICATIVE ONLY REFER TO LANDSCAPE ARCHITECTS DOCUMENTATION RL 4.000 RL GROUND 7.600 RL MEZZANINE 10.250 RL 01 LEVEL 15.250 RL 02 LEVEL 18.580 RL 03 LEVEL 21.910 RL 04 LEVEL 25.240 RL 05 LEVEL 28.570 RL 06 LEVEL 31.900 RL 07 LEVEL 35.230 RL 08 LEVEL 38.560 RL 09 LEVEL 41.890 RL 10 LEVEL 45.220 RL 11 LEVEL 48.550 RL 12 LEVEL 51.880 RL 13 LEVEL 55.210 RL 14 LEVEL 58.540 RL 15 LEVEL 61.870 RL 16 LEVEL 65.200 RL 17 LEVEL 68.530 RL 18 LEVEL 71.860 RL 19 LEVEL 75.190 RL 20 LEVEL 78.520 RL 21 LEVEL 81.850 RL 22 LEVEL 85.230 RL ROOFLOWER TERRACE 86.730 RL ROOF TERRACE UPPER 89.730 RL ROOF MACARTHUR PARADE EPC02 EPC01 AF02 AF03
SITE BOUNDARY EPC01 GT02 AF02 GT02 AF02 CS01 AF01 EPC01 BAL01 GT02 AF01 AF01 AF01 CLADDING (EPC02) CLADDING SCREEN BATTEN EPC02
SITE BOUNDARY
DEVELOPMENT APPLICATION
Revisions Project Drawing Project No Date Author Scale: @ A3 Drawing No. A 05.06.20 Development Application LR THE MONACO West Elevation 220020 30.03.20 PC 1 : 250 B 20.07.20 Counil RFI Response LR TP02.04 B
2&4 MACARTHUR PARADE MAIN BEACH 4217
Disclaimer: Rothe Lowman Property Pty. Ltd. retains all common law, statutory law and other rights including copyright and intellectual property rights in respect of this document.The Brisbane, Melbourne, Sydney recipient indemnifies Rothe Lowman Property Pty. Ltd. against all claims resulting from use of this document for any purpose other than its intended use, unauthorized changes or reuse of the www.rothelowman.com.au document on other projects without the permission of Rothe Lowman Property Pty. Ltd. Under no circumstance shall transfer of this document be deemed a sale or constitute a transfer of the 20/07/2020 2:44:06 PM license to use this document. ABN 76 005 783 997 ROOF RL 89.730
175 UPPER ROOF TERRACE
RL 86.730 30001500 Report
SITEBOUNDARY PLANT RELAY PENTHOUSE SITEBOUNDARY PUMP ROOM MPR LOWER ROOF TERRACE RL 85.230 Brisbane,Melbourne, Sydney www.rothelowman.com.au Adopted LEVEL 22 3380 PENTHOUSE SUITE RL 81.850
LEVEL 21 3 BED RL 78.520 3330
LEVEL 20 3 BED RL 75.190 3330 B LEVEL 19 3 BED RL 71.860 3330
LEVEL 18 3 BED RL 68.530 3330 TP03.01
LEVEL 17 3 BED RL 65.200 3330 Drawing Drawing No.
LEVEL 16 3 BED RL 61.870 3330
LEVEL 15 3 BED 250 : 1 RL 58.540 3330 Scale: A3 @ LEVEL 14 3 BED RL 55.210 3330 PC
LEVEL 13 3 BED 3330
RL 51.880 Author
LEVEL 12 3 BED RL 48.550 3330 30.03.20
LEVEL 11 3 BED RL 45.220 3330 Date
LEVEL 10 3 BED RL 41.890 3330 220020
LEVEL 09 3 BED RL 38.560 3330 Project No
LEVEL 08 3 BED RL 35.230 3330
LEVEL 07 3 BED RL 31.900 3330
LEVEL 06 3 BED RL 28.570 3330 Section -Section North/South
LEVEL 05 2 BED + MPR RL 25.240 3330 Drawing
LEVEL 04 2 BED + MPR RL 21.910 3330
2020 LEVEL 03 2 BED + MPR RL 18.580 3330 August LEVEL 02 2 BED + MPR : Rothe Property Pty.Lowman Ltd. retains all common law, statutory and law other rights including copyright intellectualand property rights in respect of this document.The 3330
20 RL 15.250 license to use this document. 76 ABN 005 997 783 THE MONACO THE 2&4 MACARTHUR PARADE MAIN BEACH 4217 Disclaimer recipient Rothe indemnifies Property Pty. Lowman Ltd. against all claims resulting usefrom this of document for any purpose other than its intended use, unauthorized changes or reuse theof document on other projects without the permission Rothe of Property Pty.Lowman Ltd. no Under circumstance shall transfer of this document be a deemed sale or constitute a transfer of the
Meeting RES. MACARTHUR 5000 RECREATION POOL DECK Project LEVEL 01 ENTERTAINMENT PARADE
2020 RL 10.250 LR LR
MEZZANINE
RL 7.600 2650 RESIDENTIAL STORE Committee August 25 NGL
GROUND 3600 RL 4.000 TANKS TANKS FCR FIRE FIRE FIRE 1m ABOVE NGL Meeting Environment
BASEMENT 1 3850
and DEEP BASEMENT 1 RL 0.150 PLANTING Council B 20.07.20 Response RFI Counil A 05.06.20 Application Development
BASEMENT 2 20/07/2020 2:44:57 PM
RL -2.850 3000 BASEMENT 2 792nd Planning Revisions DEVELOPMENT APPLICATION DEVELOPMENT LIFT MOTOR ROOM AS PER LIFT MOTOR ROOM CONSULTATION WITH CAR ROOF LIFT MANUFACTURER RL 89.730 176 SITEBOUNDARY SITEBOUNDARY Report UPPER ROOF TERRACE RL 86.730 30001500 ROOF PLANT PENTHOUSE CAR SHOWROOM Brisbane,Melbourne, Sydney www.rothelowman.com.au
LOWERAdopted ROOF TERRACE RL 85.230
LEVEL 22
3380 3 BED PENTHOUSE RL 81.850
LEVEL 21
3330 3 BED (1 APT. PER PLATE) RL 78.520
LEVEL 20 3 BED (1 APT. PER PLATE) RL 75.190 3330 B
LEVEL 19 3 BED (1 APT. PER PLATE) RL 71.860 3330
LEVEL 18
3330 3 BED (1 APT. PER PLATE) RL 68.530 TP03.02
LEVEL 17 3 BED (1 APT. PER PLATE) Drawing No. RL 65.200 3330
LEVEL 16 3 BED (1 APT. PER PLATE) RL 61.870 3330 1 : 250 : 1
LEVEL 15
3330 3 BED (1 APT. PER PLATE) RL 58.540 Scale: A3 @
LEVEL 14
3 BED (1 APT. PER PLATE) PC RL 55.210 3330 Author
LEVEL 13 3 BED (1 APT. PER PLATE) RL 51.880 3330
LEVEL 12
3330 3 BED (1 APT. PER PLATE) RL 48.550 18.03.20 Date
LEVEL 11 3 BED (1 APT. PER PLATE) RL 45.220 3330 220020 LEVEL 10 3 BED (1 APT. PER PLATE) RL 41.890 3330 Project No LEVEL 09
3330 3 BED (1 APT. PER PLATE) RL 38.560
LEVEL 08 3 BED (1 APT. PER PLATE) RL 35.230 3330
LEVEL 07 3 BED (1 APT. PER PLATE) RL 31.900 3330
LEVEL 06
3330 3 BED (1 APT. PER PLATE) RL 28.570 - Section East/West
LEVEL 05 2 BED 2 BED Drawing RL 25.240 3330
LEVEL 04 2 BED 2 BED RL 21.910 3330 2020
LEVEL 03
3330 2 BED 2 BED RL 18.580 August : Rothe Property Pty.Lowman Ltd. retains all common law, statutory and law other rights including copyright intellectualand property rights in respect of this document.The 20
LEVEL 02
3330 2 BED 2 BED license to use this document. 76 ABN 005 997 783 RL 15.250 MONACO THE 2&4 MACARTHUR PARADE MAIN BEACH 4217 Disclaimer recipient Rothe indemnifies Property Pty. Lowman Ltd. against all claims resulting usefrom this of document for any purpose other than its intended use, unauthorized changes or reuse theof document on other projects without the permission Rothe of Property Pty.Lowman Ltd. no Under circumstance shall transfer of this document be a deemed sale or constitute a transfer of the Meeting Project 15 CUNNINGHAM STAFFORD 2020 LR LR 5000 PWD RECREATION AVENUE GYM AVENUE
LEVEL 01 FIRE FIRE RL 10.250 Committee August MEZZANINE
25 RES. STORE FIRE TOWER CAR LIFT FIRE RES. STORE NGL RL 7.600 2650 1m ABOVE
GROUND 3600 Meeting CAR ENTRY NGL TANKS TANKS FIRE RL 4.000Environment MSB RL 4.00
and LIFT PIT
Council TURN TABLE
BASEMENT 1 3850 BASEMENT 01 BASEMENT 01 B 20.07.20 Response RFI Counil RL 0.150 DEPTH A 05.06.20 Application Development
(REFER TO 20/07/2020 2:56:43 PM 792nd Planning SPECIALIST BASEMENT 2 BASEMENT 02 ADVICE) RL -2.850 3000 Revisions DEVELOPMENT APPLICATION DEVELOPMENT 792nd Council Meeting 25 August 2020 177 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
FIRE PUMP ROOM GROUND GROUND
RL 4.000 RL 4.000 SITEBOUNDARY SITEBOUNDARY 1000 800
RL 3.25 950 RL 3.05 660 300 3600
BASEMENT 1 2600 2600 BASEMENT 1
BASEMENT 1 BASEMENT 1 RL 0.150 RL 0.150 1:20
LANDSCAPE SECTION A LANDSCAPE SECTION B
DEVELOPMENT APPLICATION
Revisions Project Drawing Project No Date Author Scale: @ A3 Drawing No. A 20.07.20 Counil RFI Response LR THE MONACO Landscape Sections 220020 12.05.20 PC 1 : 50 TP04.01 A
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Disclaimer: Rothe Lowman Property Pty. Ltd. retains all common law, statutory law and other rights including copyright and intellectual property rights in respect of this document.The Brisbane, Melbourne, Sydney recipient indemnifies Rothe Lowman Property Pty. Ltd. against all claims resulting from use of this document for any purpose other than its intended use, unauthorized changes or reuse of the www.rothelowman.com.au document on other projects without the permission of Rothe Lowman Property Pty. Ltd. Under no circumstance shall transfer of this document be deemed a sale or constitute a transfer of the 20/07/2020 2:44:17 PM license to use this document. ABN 76 005 783 997 792nd Council Meeting 25 August 2020 178 Planning and Environment Committee Meeting 20 August 2020 Adopted Report SITEBOUNDARY
BIKE PARKING ZONE FIRE CONTROL ROOM FIRE FIRE PUMP ROOM EGRESS GROUND RL 4.000
RL 3.25 758 634
2 6 BASEMENT 1 0
0
BASEMENT 1 RL 0.150
1:20
LANDSCAPE SECTION C
DEVELOPMENT APPLICATION
Revisions Project Drawing Project No Date Author Scale: @ A3 Drawing No. A 20.07.20 Counil RFI Response LR THE MONACO Landscape Sections 220020 12.05.20 PC 1 : 50 TP04.02 A
2&4 MACARTHUR PARADE MAIN BEACH 4217
Disclaimer: Rothe Lowman Property Pty. Ltd. retains all common law, statutory law and other rights including copyright and intellectual property rights in respect of this document.The Brisbane, Melbourne, Sydney recipient indemnifies Rothe Lowman Property Pty. Ltd. against all claims resulting from use of this document for any purpose other than its intended use, unauthorized changes or reuse of the www.rothelowman.com.au document on other projects without the permission of Rothe Lowman Property Pty. Ltd. Under no circumstance shall transfer of this document be deemed a sale or constitute a transfer of the 20/07/2020 2:44:21 PM license to use this document. ABN 76 005 783 997 792nd Council Meeting 25 August 2020 179 Planning and Environment Committee Meeting 20 August 2020 Adopted Report SITEBOUNDARY
1:20 GRADED FOOTPATH
GROUND RL 4.000
200 986 836 650 300
BASEMENT 1 2600 2763
BASEMENT 1 RL 0.150
1:20
LANDSCAPE SECTION D
DEVELOPMENT APPLICATION
Revisions Project Drawing Project No Date Author Scale: @ A3 Drawing No. A 20.07.20 Counil RFI Response LR THE MONACO Landscape Sections 220020 13.05.20 PC 1 : 50 TP04.03 A
2&4 MACARTHUR PARADE MAIN BEACH 4217
Disclaimer: Rothe Lowman Property Pty. Ltd. retains all common law, statutory law and other rights including copyright and intellectual property rights in respect of this document.The Brisbane, Melbourne, Sydney recipient indemnifies Rothe Lowman Property Pty. Ltd. against all claims resulting from use of this document for any purpose other than its intended use, unauthorized changes or reuse of the www.rothelowman.com.au document on other projects without the permission of Rothe Lowman Property Pty. Ltd. Under no circumstance shall transfer of this document be deemed a sale or constitute a transfer of the 20/07/2020 2:44:24 PM license to use this document. ABN 76 005 783 997 792nd Council Meeting 25 August 2020 180 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Infrastructure Charge Notice ATTACHMENT D - Page 1 of 6
To: Elevate Main Beach Pty Ltd C/- Zone Planning Group PO Box 3805 BURLEIGH TOWN QLD 4220
Cc: Body Corporate For Sunorama CTS 14757 C/-Body Corporate Services PO Box 444 BROADBEACH QLD 4218
Elevate Main Beach Pty Ltd 3 MacKay Place BURLEIGH WATERS QLD 4220
Land to which The land to which the charges in this notice apply is. charges apply Property description LOT 0 - 4 BUP303, LOT38 M73825 Property address 2 MacArthur Parade MAIN BEACH
Total levied charge payable $ 563,835.68 +ADJUSTMENTS
Due date for Total payable prior to the earliest of the following events: when the change payment happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.
Payment Payment of the charges must be made in accordance with the “How to pay details methods” section of this notice.
Adjustments The levied charge will automatically increase by the lesser of the following: to charge (a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and (b) The increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period starting on the day the levied charge is levied and ending on the day the charge is paid.
‘3-yearly PPI average’ and ‘PPI’ have the meanings given in the Planning Act 2016.
As the charge amount stated above is current at the date the notice was generated, the total charges due at the date of payment may be greater.
Document: #77224879 Page 1 of 6 792nd Council Meeting 25 August 2020 181 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Offsets and/or Offsets (if applicable) will be provided consistent with the provisions of the Refunds Planning Act 2016 and Council’s Charges Resolution. If applicable, details of the offset are provided on this Infrastructure Charge Notice.
Failure to pay A levied charge is, for the purposes of recovery, taken to be rates of the local charge government that levied it.
Authority for The charges in this notice are payable in accordance with the Planning Act 2016. charge
GST GST does not apply to payments or contributions made by developers to Government which relate to, or relates to, an application for the provision, retention, or amendment of a permission, exemption, authority or licence (however described) under the Planning Act 2016.
Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].
Document: #77224879 Page 2 of 6 792nd Council Meeting 25 August 2020 182 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Infrastructure Charge Notice
Monday, 03 August 2020 Application PN61946/16 Site address 2 MacArthur Parade, MAIN BEACH Application number & code MCU/2019/442 Application description MULTIPLE DWELLINGS X 25 Officer name Traci Genders
Charge calculation
Charges Resolution No. 1 of 2019 Qty Rate Gross Charge Amount Multiple Dwelling 2 Bedroom 8 Dwellings @ $ 21,685.97 $ 173,487.76 Multiple Dwelling 3+ Bedroom 17 Dwellings @ $ 30,360.39 $ 516,126.63 $ 689,614.39 Net Charge Summary Gross Charge Amount Applied Credit Amount Net Charge Amount $ 689,614.39 $ 125,778.71 $ 563,835.68
Applied credit Lots 0-4 BUP303: Credit applied for existing Multiple Dwellings (1x 3 bedrooms & 3x 2 details bedrooms). Lot 38 M73825: Credit applied for existing Dwelling House.
Office Use Only $ 312,928.79 OTHINF $ 189,448.83 SEWINF $ 61,458.06 WTRINF $ 563,835.68
Document: #77224879 Page 3 of 6 792nd Council Meeting 25 August 2020 183 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
DECISION NOTICE DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE Pursuant to section 119 of the Planning Act 2016, on the insert date, the City decided to give this infrastructure charges notice. The date the development application was approved is set out on the first page of the decision notice approving the development application. Appeal rights
You have appeal rights in relation to this notice. An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds:
(a) the notice involved an error relating to:
(i) the application of the relevant adopted charge; or
Examples of errors in applying an adopted charge:
• the incorrect application of gross floor area for a non-residential development
• applying an incorrect ‘use category’, under a regulation, to the development
(ii) the working out of extra demand, for section 120 of the Planning Act 2016; or
(iii) an offset or refund; or
(b) there was no decision about an offset or refund; or
(c) if the infrastructure charges notice states a refund will be given – the timing for giving the refund; or
(d) for an appeal to the Planning and Environment Court – the amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.
To remove any doubt, the Planning Act 2016 declares that an appeal against an infrastructure charges notice must not be about:
(a) the adopted charge itself; or
(b) for a decision about an offset or refund:
(i) the establishment cost of trunk infrastructure identified in a local government infrastructure plan; or
(ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.
An appeal must be started within 20 business days after the infrastructure charges notice is given to you.
An appeal may be made to the Planning and Environment Court or to a development tribunal.
An appeal is started by lodging a notice of appeal with the registrar of the Planning and Environment Court or a development tribunal, as applicable. The notice of appeal must be in the approved form, succinctly state the grounds of the appeal and be accompanied by the required
Document: #77224879 Page 4 of 6 792nd Council Meeting 25 August 2020 184 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
fee.
An appellant to the Planning and Environment Court must give a copy of the notice of appeal, within 10 business days after the appeal is started, to the persons identified in section 230(3) of the Planning Act 2016. A person who is appealing to the Planning and Environment Court must comply with the rules of the court that apply to the appeal.
Chapter 6, Part 1 and Schedule 1 of the Planning Act 2016 sets out further information about appeal rights.
Document: #77224879 Page 5 of 6 792nd Council Meeting 25 August 2020 185 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
How to pay methods
Pay by mail Customer Service Centre in person Ordinary mail Pay at any Customer Service Centre with cheque, debit card, MasterCard or Visa. Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council Payments by credit card over $50,000 not accepted in an envelope and post it to this address: For locations and opening hours please visit Council of the City of Gold Coast cityofgoldcoast.qld.gov.au PO Box 5042 GCMC QLD 9726
How to contact us
07 5582 9030 or 1300 69 4222 Council of the City of Gold Coast (7am to 6pm, Monday to Friday), or from outside of PO Box 5042, GOLD COAST MC QLD 9726 Australia call +61 7 5582 8866
Visit us at any Customer Service Centre goldcoast.qld.gov.au
Open hours; cityofgoldcoast.qld.gov.au
Document: #77224879 Page 6 of 6 792nd Council Meeting 25 August 2020 186 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 CITY DEVELOPMENT REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Refer 9 page attachment
1 APPLICATION SUMMARY
Application information Address 73 Hill Avenue, Burleigh Heads, QLD 4220. Lot and plan Lot 0 – 2 BUP2072. Site area 810m2 Properly made date 28 June 2019. City Plan version Version 6 Zone / Precinct Medium density residential zone. • Acid sulfate soils; • Airport environs; • Building height (3 storeys and 15m); • Dwelling house; Overlays • Landslide hazard; • Residential density (RD5 – 1/50m2); and • Ridges and significant hills protection overlay code. Reconfiguring a lot for a one (1) into two (2) lot Proposed use subdivision. Categories of development and Impact assessment. assessment • LM Planning Solutions – Planning Consultant; Applicant and Applicant’s • Mora Consulting – Hydraulic/Civil Engineer; and consultancy team • Stewart McIntyre & Associates – Surveyor / design. • JS Malcolm Holdings Pty Ltd (James and Lyn Malcolm). Land owner • Robert Malcom; and • Alexis Malcom. Owners consent provided by all parties above. Objections Support Submissions Zero (0) Zero (0) Key matters raised by submitters Not applicable. Decision due date 25 August 2020. 792nd Council Meeting 25 August 2020 187 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Referral agencies Not applicable. Officer’s recommendation Approval.
2 PROPOSAL
The purpose of this report is to assess an application for a Development permit for Reconfiguring a lot (Impact assessment) for a one (1) into two (2) lot subdivision at 73 Hill Avenue, Burleigh Heads.
Whilst the site has a mapped residential density of RD5 which identifies a minimum code assessable lot size of 125m2, due to the site’s location within the Ridges and significant hills protection overlay, the lots are under the prescribed minimum lot size of 600m2. The resultant lot sizes of 405m2 per lot therefore require this application to be assessed through Impact assessment.
The development proposal is outlined in the table below:
Development proposal Lot 42: 405m2; and Lot sizes Lot 43: 405m2. Road frontage Lot 42: 10m; and width Lot 43: 10m. It is recommended that the existing building be demolished so that each lot is vacant prior to plan sealing. This will ensure that the Built form onsite creation of this subdivision does not include any built form over the proposed property boundary lines. As the site slopes downward to the rear of the property, stormwater also flows downward to its lawful point of discharge via overland flow through adjacent properties. The applicant has proposed to convey all stormwater runoff from Stormwater each lot into individual onsite detention system. The system will management detain stormwater and allow any overflow to discharge stormwater at a rate that is considered to be no worse than the current arrangement to achieve no worse than the existing conditions. The system is recommended through conditions to be in place prior plan sealing. Each lot will be required to connect to the Council sewer line that runs through the rear of the property. In addition to the individual Sewer connections, the applicant will be required to register a 3m wide infrastructure easement over the sewer line to protect the integrity of the sewer line and allow access for maintenance. 792nd Council Meeting 25 August 2020 188 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Each site will be required to connect to individual electrical, Infrastructure telecommunications and water infrastructure, which is all readily connections available from the site’s frontage.
The following subdivision plan provides an initial view of the proposed development.
Figure 1: Proposed subdivision layout. Source : Stewart McIntyre & Associates Pty Ltd.
3 KEY CONSIDERATIONS
The key considerations of the proposal include:
Lot size: The proposal cannot achieve Acceptable outcome AO8.1 of the Medium density residential zone code, which prescribes a minimum lot size of 600m2 for lots identified within the Ridges and significant hills protection overlay. Notwithstanding, the corresponding Performance outcome (PO8) seeks to ensure that lots support the intent of the Ridges and significant hills protection overlay code and address site constraints. Officers have reviewed the proposal in the context of the site and its surrounding environment and consider the Performance outcome is achieved as follows: 792nd Council Meeting 25 August 2020 189 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
• The character along the site’s frontage consists of lot sizes/widths that are consistent with the proposal and officers consider that the building envelopes (162m2 / lot) that align with the as of right site cover requirements that are prescribed for the site (40%) are appropriate to deliver the intended development on each site. • The key site constraint is the sloping nature of the site which consequently introduces the need to review both stormwater and landslide considerations as part of the assessment. Stormwater: As the site slopes downward to the rear of the property, stormwater also flows downward to its lawful point of discharge via overland flow through adjacent properties. The applicant has proposed a management system that conveys all stormwater runoff from each lot into individual onsite detention systems. The system will be in place prior to Council sealing the plan of subdivision and will detain and discharge stormwater at a rate that is considered to be no worse than the current arrangement.
Figure 2: Stormwater management proposal. Source: Mora.
Slope stability: Council’s Geotechnical Engineering section has reviewed the submitted slope stability assessment and is satisfied that the report has appropriately classified the site with a ‘Low or Better’ landslide hazard rating for the proposed new lots. The report includes a set of engineering recommendations regarding earthworks, footing, cut/fill batters, retaining walls and drainage. Any works associated with the subdivision will be required to maintain compliance with the report. Any future building works for each lot will be required to consider the City Plan landslide provisions prior to progressing with any future build.
Access to site due to slope: From the access point toward Hill Avenue, the site falls to the rear and includes a retaining wall which is approximately 3m in height which provides access at a similar 792nd Council Meeting 25 August 2020 190 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
grade to the public road verge. This characteristic will not allow future driveways to grade down to the existing levels, rather, it is expected that the driveway/carport for each site will be elevated at a level that is generally in line with the existing grade of Hill Avenue. Such design response will be consistent with other dwellings in the immediate locality which had the same access constraint to address.
In addition to the above, officers acknowledge that the registration of the allotment in its current form occurred through the amalgamation of two (2) lots, which generally reflects the allotments as now proposed, see figure 3 and 4 below. In effect, this proposal seeks to reinstate the lots to the layout of the original.
Subject site prior to amalgamation in 1970
Figure 3: Titling arrangement of allotment as registered in 1970. Source: CoGC. 792nd Council Meeting 25 August 2020 191 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Subject site as amalgamated
Figure 4: Titling arrangement of allotment as amalgamated in 1989. Source: CoGC.
4 SITE CONTEXT
4.1 Subject site
The site is:
• 810m2 in area; • Accessed from a single frontage to Hill Avenue to the east; • Oriented on an east-west axis; • Currently improved by a Dual occupancy; • Rectangular in shape that is 20m wide and 40m deep; • Sloping with an east- west fall of approximately 8m from the east (frontage) to west (rear) • In response to slope, there are retaining walls in place throughout the site as it falls to the rear. The existing driveway has been elevated at a height that allows access at a similar grade to Hill Avenue; and • Connected to water, sewer, electrical and telecommunications.
Figure 5: Subject site as observed from Hill Avenue. Source: CoGC. 792nd Council Meeting 25 August 2020 192 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
4.2 Immediate context
Immediately to the:
• North: The site’s side boundary adjoins an existing Dwelling house; • East: The site directly abuts the Hill Avenue road reserve; • South: The site’s side boundary adjoins an existing Dwelling house; and • West: The site’s rear boundary adjoins an existing Dwelling house on one lot and Dual occupancy on the other.
Subject site
Figure 6: Subject site and immediate context. Source: CoGC.
4.3 Local context
More broadly to the:
• North, east and south: Consists of varying aged residential developments and typologies. The area provides a mix of Dwelling houses, Dual occupancies and Multiple dwellings amongst a range of sloped and non-sloped settings. The area is best described as a residential area located within a western pocket of the Burleigh Heads suburb which transitions toward Burleigh Waters to the west. Approximately 400m to the north-east is the Burleigh Heads township, 500m to the east is the ridgeline of the Burleigh Ridge Park and 1.3km to the south is Tallebudgera Creek.
• West: Is primarily categorised by the West Burleigh Road corridor (being a State controlled road which connects Burleigh Heads to the Pacific Highway) and the 792nd Council Meeting 25 August 2020 193 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
commercial developments that front that road. Further west forms the Burleigh Waters residential area.
Subject site
West Burleigh Road Burleigh Heads Centre
Burleigh ridgeline
Figure 7: Subject site and broader context. Source: CoGC.
5 PLANNING ASSESSMENT
Section 45(5) of the Planning Act 2016 identifies:
(5) An impact assessment is an assessment that – (a) must be carried out -
(i) against the assessment benchmarks in a categorising instrument for the development; and
(ii) having regard to any matters prescribed by regulation for this subparagraph; and
(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.
The proposed development triggers impact assessment and has been assessed in accordance with Section 45(5) of the Planning Act 2016.
5.1 State Planning instruments
The application has been assessed against the following instruments:
Instrument Comment 792nd Council Meeting 25 August 2020 194 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
State Planning Policy The City Plan appropriately reflects all aspects of the State Planning Policy apart from aspects relating to natural hazards, risk and resilience (coastal hazards). The proposal does not trigger assessment against any assessment benchmarks relating to natural hazards, risk and resilience (coastal hazards). South East Queensland Regional The proposal is consistent with the goals, elements Plan and strategies; and the Southern Sub-regional directions of the South East Queensland Regional Plan 2017 (ShapingSEQ). Planning Regulation 2017 The proposal does not trigger assessment against any assessment benchmarks listed in a Schedule of the Planning Regulation 2017.
5.2 Local categorising instruments
The application has been assessed against the following instruments:
Local categorising instrument Comment Temporary Local Planning The proposal does not trigger assessment against any Instrument temporary local planning instruments. The proposal does not trigger assessment against a Variation approval variation approval. The proposal is within the City Plan area of the City of Gold Coast. This is discussed in section 5.3 below. City Plan (Version 6) Local Government Infrastructure Plan There is no new trunk infrastructure required as part of this development.
5.3 City Plan
The following is an assessment of the application against the City Plan.
5.3.1 Assessment against the Strategic framework
The strategic framework requires balanced consideration of the provisions to best achieve the purpose and objectives of the City Plan. The strategic framework sets the policy direction for the City Plan and has a planning horizon of 2031.
This Policy direction is structured in the following way: a The strategic intent describes the planning vision for the Gold Coast over the coming 792nd Council Meeting 25 August 2020 195 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
decades; in particular, what our city will look like and how it will function, potential for major development over the next 20 years and areas for growth and protection. b The following six city shaping themes play an important role in shaping future growth and managing change across the city, and collectively represent the policy intent of the City Plan:
i Creating liveable places;
ii Making modern centres;
iii Strengthening and diversifying the economy;
iv Improving transport outcomes;
v Living with nature; and
vi A safe, well designed city. c Strategic outcomes for each theme. d Elements that refine and further describe the strategic outcomes. e Specific outcomes sought for each of the elements.
Strategic intent
The strategic intent flows through to the themes (strategic outcomes), elements (specific outcomes) and applicable codes. The strategic intent is achieved through assessment against these outcomes.
Theme/s and Elements
The following is an assessment of the application against the relevant theme/s and elements of the strategic framework identified in the table below:
Theme/s Related element Maps Strategic framework map 1 – designated urban area • Urban area Creating liveable places Urban neighbourhoods Strategic framework map 2 – settlement pattern • Urban neighbourhood Strategic framework map 4 – Living with nature Green space network greenspace network • Major ridgeline
The subject site is situated within an Urban neighbourhood as identified on Strategic Framework Map 2 (Settlement pattern). As such, the Creating liveable places Theme and 792nd Council Meeting 25 August 2020 196 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Urban neighbourhoods Element is relevant to this application. The provisions within this Element largely focus on built form outcomes rather than the size of lots. In this regard, officers have assessed the resulting lot sizes to confirm whether these can maintain and promote the intended built form pattern for development envisaged within the Urban neighbourhood.
In addition to the above, the site’s location along a ‘Major ridgeline’ as observed within Strategic framework map 4 includes corresponding provisions to review how any development within these areas maintains and contributes toward the value of the city’s green space network.
The assessment is provided as follows:
• Theme: Creating Liveable places - Element: Urban neighbourhoods Specific outcome 3.3.2.1(11) – ‘Urban neighbourhoods are diverse and distinguished by a distinct appearance, identity and built form in each neighbourhood.’
Officers comments
As identified within the below image, the area typically comprises Dwelling houses on lots that are sized similar to the proposed lots.
Subject site
Figure 8: Subject site and surrounding lot sizes. Source: CoGC. Any future built form will be required to achieve the relevant built form provisions that are contained within both the Medium density residential zone code and Ridges and significant hills protection overlay code. While both of these codes prescribe differing site cover requirements (50% and 40% respectively), section 1.4(1)(c) of the City Plan acknowledges that an Overlay code prevails over the zone code to the extent of any inconsistency. As such, 792nd Council Meeting 25 August 2020 197 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60 the acceptable site cover requirement is no greater than 40%.
The resultant lot size and 40% site cover provision would provide for a viable built form which promotes the vegetated appearance of the area and achieves a comfortable living environment. The existing neighbourhood comprising of similar lot size and configurations is evidence of this.
Officers acknowledge that the City Plan does allow for variation to the prescribed 40% rate, however, any variation sought will trigger an assessment of the corresponding Performance outcome to justify amongst others how the building and structures are appropriate in the site and surrounding context.
The development complies with the applicable benchmarks of the Creating liveable places theme.
• Theme: Living with nature – Element: Green space network
Specific outcome 3.7.3.1(9) – ‘Development does not erode, and, wherever practicable, contributes to, the expansion of the extent, function and values of the green space network.’
Officers comments
As acknowledged above, any intended built form will be required to undertake an assessment of the relevant City Plan benchmarks. The proposal is for the reinstatement of the lot arrangement that was in place prior to amalgamation. The resulting lot sizes of 405m2 and intended site cover of 162m2 (40%) is considered to maintain the site’s ability to continue to contribute to the green space network.
Summary of the Strategic framework
The proposal is considered to support and promote the Strategic framework as the intended development pattern will not be compromised by the resulting lot size.
5.3.2 Assessment against the codes
The following is an assessment of the application against the applicable codes of the City Plan identified in the table below:
Zone code Overlay codes Development codes • Medium density • Acid sulfate soils overlay • Reconfiguring a lot code; residential zone code code; • General development • Airport environs overlay provisions code; and code; and • Healthy waters code. • Landslide hazard overlay code.
5.3.2.1 Assessment against the zone code
The proposal has been assessed against the Medium density residential zone code. 792nd Council Meeting 25 August 2020 198 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
The purpose of the Medium density residential zone code is to:
“Provide for a range and mix of dwelling types including Dwelling houses and Multiple dwellings supported by Community uses and small-scale services and facilities that cater for local residents.”
Officer’s comments:
As identified within section 4.3 of the report, the immediate area consists of varying aged residential developments and typologies, including Dwelling houses, Dual occupancies and Multiple dwellings amongst a range of sloped and non-sloped settings. The proposal does not include any built form aspect; however it is considered that the subdivision will facilitate a continued mix of dwelling types within the area.
Under the City Plan, compliance with a code can be achieved by either compliance with the purpose and overall outcomes of the code, or, compliance with either the Performance outcomes or Acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the Performance and Overall outcomes generally qualitative and performance based.
Officers have undertaken an assessment of all relevant provisions. The proposed development does not meet the following applicable Acceptable outcome:
• Acceptable outcome AO8.1 and AO8.2 - Lot design within the Ridges and significant hills protection overlay area (for subdivision only). The development is assessed as being compliant with the corresponding Performance outcomes, which, in accordance with section 5.3.3 of the City Plan, means the development complies with the purpose and overall outcomes of the code – therefore complies with the code, as demonstrated below:
Lot design within the Ridges and Significant Hills Protection Overlay area (for subdivision only)
Performance outcome Acceptable outcome PO8 AO8.1 2 New lots proposed within the Ridges and The minimum lot size is 600m . significant hills protection overlay area: AO8.2 a. support the intent of the Ridges and Minimum road frontage is 17m. significant hills protection overlay code; and b. address site constraints. Officer’s comment
The proposed lot layout results in two (2) lots that are both 405m2 in area and 10m wide. The proposal cannot achieve Acceptable outcome AO8.1 or AO8.2. The assessment of Performance outcome PO8 is required to determine whether the development complies with the Medium density residential zone code and is provided as follows: 792nd Council Meeting 25 August 2020 199 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Performance outcome PO8(a): “New lots proposed within the Ridges and significant hills protection overlay area support the intent of the Ridges and significant hills protection overlay code”
The intent of the Ridges and significant hills protection overlay code is derived from the ‘purpose’ statement of the code which seeks to ‘regulate development to ensure the protection, maintenance and enhancement of the natural and scenic values of identified ridges and significant hills within the city’.
As demonstrated within the assessment of the Strategic framework (Specific outcome 3.3.2.1(11)), it is recognised that the site involves the re-establishment of a site boundary in line with the historic arrangement. Officers have reviewed the proposal against the requirements of the City Plan, which include a Required and Acceptable outcome for site cover of 40%. When applying this rate to the proposed lot sizes of 405m2, future buildings up to 162m2 can be provided. Therefore, the resultant lot size can provide a housing product which protects the greenspace network for this area and is an outcome that is evidenced in the existing neighbourhood character. Further, the proposed subdivision does not propose to remove any vegetation onsite.
Officers recommend the inclusion of conditions requiring the existing building to be demolished prior to registering the plan of subdivision to ensure that each freehold allotment can deliver a built form product entirely within its own lot.
Performance outcome PO8(b): “New lots proposed within the Ridges and significant hills protection overlay area address site constraints”
The key site constraint relates to the sites’ east to west slope. The response to this provision requires consideration of the stormwater impacts and landslide risks associated with future development and how access may be provided for future development. Managing site constraints of this nature are provisioned within the City Plan’s Healthy waters code and Landslide hazard overlay code. Officers are satisfied that the site constraints of this subdivision have been considered and relevant provisions complied with, which has been demonstrated through compliance with all applicable Acceptable outcomes contained within the respective codes identified further below in section 5.3.2.2 of this report. A summary of that review is provided as follows:
• Stormwater management: The site does not have a lawful point of discharge other than via overland flow through neighbouring downstream properties. The submitted Stormwater Management Plan acknowledged the need to implement onsite stormwater detention to capture stormwater at the lowest part of the site and disperse the stormwater in a manner that maintains no worsening then the existing scenario at the site. Officers recommend the inclusion of conditions that require this stormwater management system is in place prior to registering a plan of subdivision, so that for the life of the development (including when the development sites are vacant) there is no worsened stormwater impacts downstream. 792nd Council Meeting 25 August 2020 200 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
• Slope stability: Council’s Geotechnical Engineering section have reviewed the submitted slope stability assessment and are satisfied that the site/lots are deemed a ‘Low or Better’ landslide hazard rating, which means that subject to complying with the engineering recommendations regarding earthworks, footing, cut/fill batters, retaining walls and drainage, there is a low risk of landslide events at the site. The report, which has been prepared by a Registered Professional Engineer of Queensland and deemed appropriate by Council’s Geotechnical Engineers, is recommended to form part of the conditions and property notifications suite to ensure future development has regard to the approved report. Notwithstanding, as the proposal is for a subdivision component only, future development that may occur on the site will be required to comply with the Landslide hazard overlay code provisions at the time of the proposal.
• Access to site due to slope: From the access point toward Hill Avenue, the site falls away to the rear and includes a retaining wall which is approximately 3m in height that allow access at a similar grade to the road verge. This characteristic will not allow future driveways to grade down to the existing levels, rather, it is expected that future driveway/carport for each site will be elevated at a level that is generally in line with the existing grade of Hill Avenue.
Officers are satisfied that the proposal has demonstrated compliance with Performance outcome PO8 of the Medium density residential zone code.
5.3.2.2 Assessment against the overlay code
The proposal has been assessed against the following overlay codes:
• Acid sulfate soils overlay code; • Airport environs overlay code; and • Landslide hazard overlay code.
Note: While it is acknowledged that the site is located within the Ridges and significant hills protection overlay code, the code itself is not an assessment benchmark for Reconfiguring a lot applications.
Officers have undertaken an assessment of all relevant provisions and the proposed development complies with the applicable Acceptable outcomes of the codes. In accordance with section 5.3.3 of the City Plan, this means the development complies with the purpose and overall outcomes of the codes – therefore complies with the code.
While the key matter for consideration relates to landslide hazard at the site, officers are satisfied that the submitted landslide hazard risk assessment has demonstrated compliance with all relevant Acceptable outcomes contained within the Landslide hazard overlay code and on this basis, no further assessment is required of this code. 792nd Council Meeting 25 August 2020 201 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
5.3.2.3 Assessment against development codes The proposal has been assessed against the following development codes:
• Reconfiguring a lot code; • General development provisions code; and • Healthy waters code.
Officers have undertaken an assessment of all relevant provisions and the proposed development complies with the applicable Acceptable outcomes of the code. Notwithstanding, where relevant to this subdivision application and where no Acceptable outcome is provided the following Performance outcome assessment is provided:
• Housing diversity - Performance outcome PO13 of the Reconfiguring a lot code.
In accordance with section 5.3.3 of the City Plan, officers are satisfied that the developments compliance with applicable Acceptable outcomes and the Performance outcome above means that the development complies with the purpose and overall outcomes of the codes – therefore complies with the code.
Assessment of the Reconfiguring a lot code is provided as follows:
Housing diversity Performance outcome Acceptable outcome PO13 AO13 Narrow lots are distributed amongst wider No acceptable outcome provided. lots to provide:
a) variation in dwelling form; b) space for public utilities and street trees; and c) on-street parking.
Note: Rear lane layout is required for a series of lots with frontages less than 10m.
Officers comments As no Acceptable outcome is provided, officers have assessed Performance outcome PO13 as follows:
PO13(a) Narrow lots are distributed amongst wider lots to provide variation in dwelling form.
Despite the proposed lot width typically reflecting that of the immediate adjacent properties, officers have reviewed the lots width amongst the dispersion of lots generally around the 792nd Council Meeting 25 August 2020 202 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
residential area. This has been visually represented below to identify the variance in lot width within this area (Figure 9). Officers consider that the proposal will continue to contribute to a variance in lot sizes to ensure the area continues to promote a variation in form and typology.
Figure 9: Dispersion of varied lot widths throughout residential area. Source: CoGC.
PO13(b) Narrow lots are distributed amongst wider lots to provide space for public utilities and street trees
The proposal is located within an established residential area where it is considered that all public utilities are already provided within the area to service each lot appropriately (water, sewer, telecommunications and electricity.
In relation to the additional sewer connection that will be required, the existing sewer main runs along the rear of the property and therefore any future sewer connection will be accommodated at the rear of the property.
The water main is located on the opposite side of Hill Avenue and traverses across Hill Avenue and into the property. Condition 18 of the officer’s recommendation requires an operational works approval for the design, construction and connection of a water reticulation system to connect each proposed lot separately to Council’s water network at 792nd Council Meeting 25 August 2020 203 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
the existing 100mm water main in Hill Avenue across the road from the development site. This will ultimately determine the location of the water connections.
Officers understand that the proposal will see the introduction of a single vehicular crossing for each lot, which may potentially limit the delivery of street trees between crossovers. Officers consider that this provision is ultimately governed by the vehicular crossings location. In order to comply with this provision, officers have recommended a condition of approval ensuring the delivery of the vehicular crossings prior to registering the plan of subdivision. Condition 9 of the officer’s recommendation requires a minimum 7m separation which will retain an on street car parking space and allow sufficient separation for future street planting.
PO13(c) Narrow lots are distributed amongst wider lots to provide on-street parking.
As established in response to Performance outcome PO13(b) the inclusion of conditions requiring the delivery of the vehicular crossings prior to registering the plan of subdivision will ensure that the proposal can maintain an on-street parking space between each vehicular crossing.
Through recommended conditions, the development complies with Performance outcome PO3.
Healthy waters code
Officers acknowledge that one of the key considerations of this proposal relates to the need to appropriately manage stormwater discharge. Notwithstanding, officers are satisfied that the submitted Stormwater Management Plan has demonstrated compliance with all relevant Acceptable outcomes contained within the Healthy waters code and on this basis, no further assessment is required of this code and appropriate conditions are recommended to ensure the stormwater management principles are in place at the time of registering the plan of subdivision.
6 INFRASTRUCTURE CHARGES
The final estimated infrastructure charge is $0.00.
As identified within section 3 of this report, the site was originally two (2) allotments which were later amalgamated. As a result of the original lot layout, no infrastructure charge is applicable as the reestablishment of this lot layout does not attract new charges.
For further information on this matter, refer to the draft notice attached to this report entitled as Attachment: Infrastructure charges notice for the approved development. 792nd Council Meeting 25 August 2020 204 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
7 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE DEVELOPMENT The proposal does not trigger assessment against any assessment benchmarks for another local government area materially affected by the development.
8 PROPOSED DRAFT CITY PLAN AMENDMENT
No weight has been given to the proposed City Plan amendments as part of the assessment of this application. The subject application was submitted to Council on 28 June 2019, and entered the decision making period on 26 June 2020. The City Plan Version 6 was the planning scheme in effect at the time the development application was lodged. The application was unaffected between City Plan Version 6 and 7 (current planning scheme in effect). Pursuant to the draft City Plan amendment the subject site and surrounding area will be specifically impacted by changes to zoning and maximum allowable building height pursuant to the Building height overlay map (not excluding other changes). In this immediate area, what is currently identified as Medium density residential zone will become Low-medium density residential zone (see figures below), however the RD5 density designation will be retained. The site will remain within the Ridges and significant hills overlay where a minimum lot size 600m2 will continue to apply. The primary changes included within the Major update material will see this site’s zone amended from Low-medium density residential zone which removes the ability to utilise the 50% building uplift provisions in any future built form proposal over the site. 792nd Council Meeting 25 August 2020 205 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Subject site
Figure 10: Extract of Draft City Plan zone map for public consultation 2019. Source: CoGC. Lots currently identified on the Building height overlay map as 3 storeys/15 metres will be changed to a maximum of 12 metres (see figure below).
Subject site
Figure 11: Extract of Draft City Plan Building height overlay map for public consultation 2019. Source: CoGC. As identified in the below extract, the residential density will be retained as an RD5 designated area. 792nd Council Meeting 25 August 2020 206 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Subject site
Figure 12: Extract of Draft City Plan Residential density overlay map for public consultation 2019. Source: CoGC.
8 REFERRALS
8.1 Internal referrals
This application has been assessed by internal referral officers who have provided comments and reasonable and relevant conditions. An overview of the recommended conditions are provided in the table below:
Internal referral area Conditions/Comments (if not included within report)
Geotechnical • Certification of works - Geotechnical Engineering Engineering • Approved Plans
• Approved Plans Hydraulics and Water • Private infrastructure Quality • Overland flow paths and hydraulic alterations • Certification of works - Hydraulics and Water Quality
• Existing infrastructure, structures and services City Assets • Rectification of Council’s infrastructure
• Vehicular crossings • Electrical reticulation Subdivision Engineering • Telecommunications network • Connection to Permanent survey marks 792nd Council Meeting 25 August 2020 207 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
• Certification of works - Subdivision Engineering
• Requirement to register easement/s • Restrictions regarding Council easements and infrastructure • Sewer reticulation Water and Waste • Sewer Reticulation - reuse existing sewer connection • Water reticulation • Fire loading • Certification of works - Water and Waste
8.2 External referrals
There is no concurrence or advice agency(s) triggered by this development application.
9 PUBLIC NOTIFICATION
9.1 Overview
Zero (0) submissions or pieces of correspondence were received during public notification and the course of the assessment of this application.
9.2 Compliance with public notification requirements
The applicant has submitted a notice of compliance stating public notification has been completed in accordance with the requirements of the Development Assessment Rules under the Planning Act 2016.
Council has reviewed the public notification material and considers the applicant has complied with the requirements of the Development Assessment Rules.
9 CONCLUSION
Council is in receipt of an application for a Development permit for Reconfiguring a lot to subdivide one (1) into two (2) lots at 73 Hill Avenue, Burleigh Heads.
After a detailed assessment, it has been determined the proposal meets the purpose of the applicable Themes and Elements of the Strategic framework, the Medium density residential zone and applicable overlay and development codes.
It is recommended the application be approved, subject to conditions.
10 NOTIFICATIONS
The following property notifications will be applied:
• Stormwater • Slope sensitive lots 792nd Council Meeting 25 August 2020 208 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
• Vehicular crossing location
11 RECOMMENDATION
It is recommended that Council resolves as follows:
That Council approves (with conditions) the issue of a Development permit for Reconfiguring a lot for a one (1) into two (2) lot subdivision, subject to the following conditions:.
General
1 Timing a All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition. b Where the timing in a condition is prior to commencement of the use and a Building Format Plan is lodged for approval, the timing in the condition changes from being prior to commencement of the use to being prior to the earlier of the commencement of the use and approval of the plan of subdivision. This timing requirement prevails despite any inconsistency with the timing requirement in another condition.
2 Approved drawings Undertake and maintain the development generally in accordance with the following drawings:
Plan Title Author Date Plan Reference No. Ver Plan of Proposed lots Stewart 26/08/2019 12075BU-SI - 42 & 43 Cancelling lots McIntyre & 1, 2 and Common Associates Property on BUP2072 Pty Ltd The conditions of this approval are to be read in conjunction with the attached stamped approved drawings. Where a conflict occurs between the conditions of this approval and the stamped approved drawings, the conditions of this approval shall take precedence. Approved Plan (Stormwater Management Plan) 3 Undertake and maintain the development generally in accordance with the following plan:
Hydraulics and Water Quality Plan Title Author Date Plan Reference No. Ver “Stormwater MORA 25 May 2259-SMP - Report - 2 Management Plan for Consulting 2020 Issue 2 Proposed Subdivision (1 Pty Ltd Lot into 2 Lots) at 73 Hill Avenue, Burleigh Heads QLD 4220” Note: The 40kL Rainwater Tanks shown on each lot do not form part of the approval. 792nd Council Meeting 25 August 2020 209 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
4 Approved Plan (Slope Stability Risk Assessment) Undertake and maintain the development generally in accordance with the following plans:
Geotechnical Engineering Plan Title Author Date Plan Reference No. Ver Slope Stability Risk EarthSolve 26 March MALCOLM200326SLJ - Assessment Report & 2020 Permeability Report, #73 Hill Avenue, Burleigh Heads 4220 QLD
Property
5 Private infrastructure a Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the legal authority: i Stormwater management devices and infrastructure monitored and managed in accordance with the site-specific stormwater quality improvement devices (SQID) maintenance management plan (MMP) as conditioned elsewhere in this decision notice. b At any time the Council’s corresponding infrastructure network is altered, the private infrastructure must be altered to be commensurate with Council’s network, at no cost to Council. 6 Requirement to register easement/s a Register an easement for sewer in favour of Council at any location where sewer infrastructure is within the proposed lots. b The terms of the easement must include: i The responsibilities of the Grantor/Grantee for ongoing maintenance. ii Standard terms document 707918364 must be referenced on Form 9 – easement document. iii Easement plans and associated documents (ie: Form 9 – easement document and general consent form 18) must be fully completed and signed by the owner of the burdened land (and any mortgagees, if necessary) and benefitting land before they are submitted to council for endorsement. c Registration of the easement must occur at the same time as registering the plan of subdivision. d Ensure infrastructure is positioned in the centre of the easement. e This condition attaches to the land the subject of the development approval and binds the owner(s) of the land and the owners’ successors in title (even after the time when the easement is required to be registered). Therefore if this condition is not complied with at the time required by this condition, the owner(s) of the land and the owners’ successors in title continue to be obligated to register the easement in accordance with this condition and must do so within 40 business 792nd Council Meeting 25 August 2020 210 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
days of becoming aware on the non-compliance with this condition.
7 Restrictions regarding Council easements and infrastructure a No building work or deep landscaping is permitted over or within any Council public utility easement. b Ensure all proposed buildings, structures and footings are a minimum distance of 1.5 horizontal metres from Council infrastructure.
8 Plan sealing (Specific condition) Other than where structures are approved within this decision notice, the site is to be made vacant of all structures/built form prior to a request is made to Council to approve the plan of subdivision.
Engineering
9 Vehicular crossings a Two (2) vehicular crossings are permitted to the development site (one each for proposed lots 42 and 43), subject to the following: b Obtain a VXO licence / Operational works approval (as appropriate) for the design and construction of the vehicular crossings, prior to a request is made to Council to approve the plan of subdivision at no cost to Council: and include in particular: i A 7m (minimum) separation between the 2 vehicular crossings. ii A 7m (minimum) separation between the lot 43 vehicular crossing and the existing crossing to lot 44 on RP28399. iii A 1m (minimum) separation between vehicular crossings and side property boundaries. iv Be in accordance with the Driveways and vehicular crossing code of the City Plan and standard drawing RS-049. c Construct and maintain the 2 vehicular crossings identified above, at no cost to Council, prior to a request is made to Council to approve the plan of subdivision and at all times.
10 Electrical reticulation Design, construct and connect an electrical reticulation system at no cost to Council and include in particular: a Provide electricity to all proposed lots. b No additional poles are to be erected within public roads. c Meet the requirements of the electricity supplier (e.g. Energex).
11 Telecommunications network Design, construct and connect a telecommunications services network at no cost to Council and include in particular: a Provide telecommunications to all proposed lots and pit and pipe infrastructure along public roads. b All new pit and pipe infrastructure required to be installed along public road(s), 792nd Council Meeting 25 August 2020 211 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
must be suitably sized to cater for future installation of fibre optic cables. c Meet the telecommunications industry standards (e.g. Telstra/NBN Co standards).
12 Connection to Permanent survey marks a Connect all proposed lots to permanent survey marks (PSM’s) in accordance with City Plan Policy SC6.11 – Land Development Guidelines, and Guidelines for Creation and Submission of ADAC.xml Files. All proposed lots must be connected to at least 2 permanent survey marks for inclusion in the City of Gold Coast Contributed Assets register. b New permanent survey marks must comply with the requirements of City Plan Policy SC6. 11 - Land Development Guidelines, and include in particular: i Be placed in locations to provide good coverage over the extent of the survey. ii Be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA 94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4TH order for vertical accuracy in accordance with Department of Natural Resources and Mines guidelines. c Connect lots to permanent survey marks prior to a request is made to Council to approve the plan of subdivision.
13 Rectification of Council’s infrastructure a Rectify any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council. b Construct and maintain the rectified Council infrastructure at no cost to Council prior to commencement of the use.
14 Existing infrastructure, structures and services a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings prior to commencement of the use at no cost to Council and include in particular: i Remove redundant vehicular crossing. ii Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).
Stormwater Drainage
15 Overland flow paths and hydraulic alterations a Leave unaltered the overland flow paths on the site, such that the characteristics of existing overland flows on other properties remain uninhibited and unchanged. b The development must not: i Increase peak flow rates downstream from the site ii Increase flood levels external to the site iii Increase duration of inundation external to the site that could cause loss or 792nd Council Meeting 25 August 2020 212 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
damage
Sewer and Water Works
16 Sewer reticulation a Design, construct and connect each proposed lot to Council’s sewer network at the existing sewer main traversing the rear of the site, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular: i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Water and Sewerage Connections Policy. ii Remove/seal/cap redundant sewer property services. 17 Sewer Reticulation - reuse existing sewer connection Obtain an approval from Water and Waste to reuse the existing sewerage connection and connect the proposal to Council’s sewer network at the existing connection serving the site, prior to commencement of the use at no cost to Council and include in particular: i Be in accordance with the Water and Sewerage Connections Policy ii An “Application to Work on the City’s infrastructure” form. iii A closed circuit television (CCTV) and condition report. iv Should the material of the existing sewer property connection be asbestos cement, vitrified clay, concrete or masonry, the connection must be relined by use of a “cured in place pipe” (CIPP) relining methodology.
18 Water reticulation Obtain an operational works approval for the design, construction and connection of a water reticulation system to connect each proposed lot separately to Council’s water network at the existing 100mm water main in Hill Avenue across the road from the development site, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Water and Sewerage Connections Policy. ii Remove redundant water meters/connections.
19 Fire loading Fire loading must not exceed 15 L/s for 4 hours duration.
Construction Management
20 Certification of works - Water and Waste Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Water and Waste Certified Certification Plan/ Expert Requesting document date Drawing discipline Council 792nd Council Meeting 25 August 2020 213 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Section An easement upon request to - Registered Compliance document and Council to Surveyor Section Survey Plans approve the plan with the required of subdivision easements dimensioned and shown centrally located over the proposed sewerage infrastructure located within the subject site The certification is to confirm: Easements are correctly located over the infrastructure and meet the requirements specified in the SEQ Water Supply and Sewerage Design and Construction Code for sewerage infrastructure.
21 Certification of works - Subdivision Engineering Provide Council with certificates prepared by qualified expert(s) from the discipline(s) listed below, confirming as follows:
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - Registered Contributed removal of request is builder or Assets structures and made to Registered private Council to Professional services approve the Engineer of plan of Queensland subdivision (RPEQ)
The certification is to confirm: All structures and private services within the site have been removed.
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - Registered Contributed vehicular request is Professional Assets 792nd Council Meeting 25 August 2020 214 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
crossings made to Engineer of Council to Queensland approve the (RPEQ) plan of subdivision
The certification is to confirm: All works comply with the requirements of the vehicular crossing condition.
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - An Contributed electricity request is made authorised Assets supply to Council to supplier approve the (e.g. plan of Energex) subdivision
The certification is to confirm: Electricity supply is available to all proposed lots.
Subdivision Engineering Certified Certification Plan/ Expert discipline Requesting document date Drawing Council Section Contractual Prior to a - The authorised Contributed agreement request is telecommunication Assets (e.g. made to carrier (e.g. Agreement Council to Telstra, NBN Co) Advice or approve the Completion plan of Letter from subdivision Telstra. Alternatively, a copy of Master Development Agreement or Small Development Agreement 792nd Council Meeting 25 August 2020 215 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
from NBN Co).
The certification is to confirm: Telecommunication infrastructure will be undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards).
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Written Prior to a - Registered Contributed confirmation request is made Cadastral Assets for Permanent to Council to Surveyor Survey Marks approve the works plan of subdivision
The certification is to confirm: That all lots are connected to permanent survey marks in accordance with the requirements contained within the permanent survey marks condition.
22 Certification of works - Geotechnical Engineering Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Geotechnical Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Post- Immediately - Registered Development construction after Professional Compliance certification completion of Engineer of all works Queensland associated (RPEQ) with the specialising subdivision on in site and prior geotechnical to registering engineering the plan of subdivision The certification is to confirm: All advice, landslide risk mitigation measures and recommendations of the geotechnical report titled “Slope Stability Risk Assessment Report & Permeability Report, #73 Hill Avenue, Burleigh Heads 4220 QLD”, prepared by EarthSolve, Ref: 792nd Council Meeting 25 August 2020 216 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
MALCOLM200326SLJ, dated 26 March 2020, have been complied with and implemented on site. 23 Certification of works - Hydraulics and Water Quality Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Hydraulics and Water Quality Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Post Prior to a “Stormwater Registered Hydraulics construction request is Management Professional & Water certification made to Plan for Engineer Quality Council to Proposed Queensland approve the Subdivision (RPEQ) plan of (1 Lot into 2 subdivision Lots) at 73 Hill Avenue, Burleigh Heads QLD 4220” prepared by Mora Consulting Pty Ltd, dated 25 May 2020 (Issue 2).
The certification is to confirm: All stormwater devices shown in the approved stormwater management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as designed.
24 Availability of approved plans, drawings and reports Retain a copy of this decision notice and stamped approved plans, drawings and reports on site at all times during construction. Any contractors undertaking approved work (including tree removal or relocations) must be directly provided with a copy of these conditions and instructed as to the need to comply with them.
25 Notice of works timetable Provide a Notice of works timetable for Commencement of work to Council’s Development Compliance section prior to commencement of any works. A copy of Council’s Notice of works timetable is available on Council website http://www.goldcoast.qld.gov.au/documents/fa/fm579_notice-of-works.pdf
26 Erosion and sediment control Undertake Erosion and sediment control measures generally in accordance with the 792nd Council Meeting 25 August 2020 217 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Healthy waters code of the City Plan and include in particular: a Sediment control structures e.g.: sediment fence must be placed at the base of all materials on site to mitigate sediment run-off. b A perimeter bund and/or diversion drain must be constructed around the disturbed areas to prevent any outside clean stormwater from mixing with polluted polluted/contaminated stormwater. c 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. d Inspections for erosion and sediment control measures are to occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines, section 4.5.17.1.2 – Compliance.
Advice Notes
A Development infrastructure Development infrastructure required to be provided in implementing this development approval is non-trunk development infrastructure unless otherwise stated in a condition of the approval.
B Further development permits / compliance permits Further development permits and/or compliance permits from Council are required to facilitate the development of the approved works identified in this decision notice. These include:
Water and Waste - Operational works - infrastructure - Application to work on the City’s infrastructure
A copy of this decision notice and accompanying stamped drawings / plans must be submitted with any subsequent application identified above. Subsequent development applications (i.e.: Operational works) will be assessed in accordance with the City Plan Version at the time of lodgement (excluding instances where Variation / Preliminary approval exists).
C Compliance with conditions Once this development approval takes effect, the conditions attach to the land and are applicable in perpetuity. It is a development offence to contravene a development approval, including any of its conditions.
D Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘ACHA’) is administered by the Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP). The ACHA 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; 792nd Council Meeting 25 August 2020 218 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
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 ACHA. The applicant should contact DATSIP’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the ACHA.
E Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.
F Properly made submissions There were no properly made submissions about the application.
G 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 liming 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 commended 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 Environment 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 total value of the building and construction works exceeds $150,000 (excluding GST). 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. f Making payment of any outstanding Council rates and charges applicable to the 792nd Council Meeting 25 August 2020 219 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
development site prior to the lodgement of subdivision plans. g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required.
H Weeds, pest animals and ants Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural prosperity, the environment, social amenity and human health. All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.
I Fire ant control Northern suburbs of the Gold Coast are within Fire Ant Biosecurity zone 2 and must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014 individuals and organisations whose activities involve the movement or storage of fire ant carriers have a general biosecurity obligation to take all reasonable steps to ensure they do not spread fire ants. Movement of a fire ant carrier from within the fire ant biosecurity zone may need a biosecurity instrument permit. More information is available on the Department of Agriculture and Fisheries website www.daf.qld.gov.au/plants/weeds- pest-animals-ants/invasive-ants/fire-ants.
J Connections to, alteration or realignment of Council infrastructure Where development works require the connection to, alteration, removal or realignment of Council infrastructure or 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. Connection to, alteration, removal or realignment of Council infrastructure includes (but is not limited to) fire hydrants, water service metres, sewer man hole covers, stormwater drainage infrastructure, reinstatement of hole covers, stormwater drainage infrastructure, crossovers, footpaths, road pavement, kerb and channel, kerb ramps, medians, traffic islands, road furniture, signage and line-marking.
K Stormwater Management Plans A property notification will be applied to the lot/subsequent lots stating a stormwater management plans exist for the site and must be complied with at all times.
L Connections and disconnections Any connection / disconnection to the existing water and sewerage networks will be at the applicant’s cost. Prior to the connection / disconnection taking place, the applicant must obtain written approval from Water and Waste. Refer to Water and Sewerage Connections Policy, available on Council’s website http://www.cityofgoldcoast.com.au
M No open trenching of the road pavement for water connections across / in roadways Conduits must be installed to service the proposed development by thrust boring the 792nd Council Meeting 25 August 2020 220 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
road (open cutting of the road is not permitted) to connect to Council’s potable water supply network. In certain circumstances approval of open trenching of the road may be allowed, subject to Council approval. Refer to Water and Sewerage Connections Policy, available on Council’s website http://www.cityofgoldcoast.com.au
N Operational Works meeting prior to lodgement Council’s Water and Waste Development Services team encourage contact to discuss any water and sewer matters of significance prior to the submission of an application for Operational Works. Contact [email protected] to arrange a meeting.
Property Notifications
A Stormwater There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (ROL/2019/60). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline
B Slope sensitive lots There are development approval conditions applicable in relation to slope sensitive building on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (ROL/2019/60). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline
C Vehicular crossing location The vehicular crossings to proposed lots 42 and 43 must be constructed and maintained in the locations as detailed in the subdivision conditions contained within ROL/2019/60.
Author: Authorised by: Alex Glassington Alisha Swain A/Senior Planner Director Economy, Planning & Environment August 2020 792nd Council Meeting 25 August 2020 221 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (CONTINUED) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Conflict of Interest – Cr PC Young
Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a perceived conflict of interest the particulars of which are as follows:
The name of the person or entity is: Cr PC Young
The nature of the relationship is: Principle place of residence is located in Hill Avenue.
The value of the gift or benefit is: Not Applicable.
The date of the gift: Not Applicable.
The nature of the other person’s interest in the matter is: Not Applicable.
However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that I have no greater interest than that of other persons in the Local Government area.
PROCEDURAL MOTION moved Cr Hammel seconded Cr O’Neill
Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that:
Cr PC Young does not have a real or perceived conflict of interest in the matter because of the reasons stated above.
CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PC Young did not vote.
792nd Council Meeting 25 August 2020 222 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
COMMITTEE RECOMMENDATION PE20.0820.002 moved Cr Owen-Jones seconded Cr Caldwell
That Council approves (with conditions) the issue of a Development permit for Reconfiguring a lot for a one (1) into two (2) lot subdivision, subject to the following conditions:
General
1 Timing a All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition. b Where the timing in a condition is prior to commencement of the use and a Building Format Plan is lodged for approval, the timing in the condition changes from being prior to commencement of the use to being prior to the earlier of the commencement of the use and approval of the plan of subdivision. This timing requirement prevails despite any inconsistency with the timing requirement in another condition.
2 Approved drawings Undertake and maintain the development generally in accordance with the following drawings:
Plan Title Author Date Plan Reference No. Ver Plan of Proposed lots Stewart 26/08/2019 12075BU-SI - 42 & 43 Cancelling lots McIntyre & 1, 2 and Common Associates Property on BUP2072 Pty Ltd The conditions of this approval are to be read in conjunction with the attached stamped approved drawings. Where a conflict occurs between the conditions of this approval and the stamped approved drawings, the conditions of this approval shall take precedence.
3 Approved Plan (Stormwater Management Plan) Undertake and maintain the development generally in accordance with the following plan:
Hydraulics and Water Quality Plan Title Author Date Plan Reference No. Ver “Stormwater MORA 25 May 2259-SMP - Report 2 Management Plan for Consulting 2020 - Issue 2 Proposed Subdivision Pty Ltd (1 Lot into 2 Lots) at 73 Hill Avenue, Burleigh Heads QLD 4220” Note: The 40kL Rainwater Tanks shown on each lot do not form part of the approval. 792nd Council Meeting 25 August 2020 223 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
4 Approved Plan (Slope Stability Risk Assessment) Undertake and maintain the development generally in accordance with the following plans:
Geotechnical Engineering Plan Title Author Date Plan Reference No. Ver Slope Stability Risk EarthSolve 26 March MALCOLM200326SLJ - Assessment Report & 2020 Permeability Report, #73 Hill Avenue, Burleigh Heads 4220 QLD
Property
5 Private infrastructure a Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the legal authority: i Stormwater management devices and infrastructure monitored and managed in accordance with the site-specific stormwater quality improvement devices (SQID) maintenance management plan (MMP) as conditioned elsewhere in this decision notice. b At any time the Council’s corresponding infrastructure network is altered, the private infrastructure must be altered to be commensurate with Council’s network, at no cost to Council. 6 Requirement to register easement/s a Register an easement for sewer in favour of Council at any location where sewer infrastructure is within the proposed lots. b The terms of the easement must include: i The responsibilities of the Grantor/Grantee for ongoing maintenance. ii Standard terms document 707918364 must be referenced on Form 9 – easement document. iii Easement plans and associated documents (ie: Form 9 – easement document and general consent form 18) must be fully completed and signed by the owner of the burdened land (and any mortgagees, if necessary) and benefitting land before they are submitted to council for endorsement. c Registration of the easement must occur at the same time as registering the plan of subdivision. d Ensure infrastructure is positioned in the centre of the easement. e This condition attaches to the land the subject of the development approval and binds the owner(s) of the land and the owners’ successors in title (even after the time when the easement is required to be registered). Therefore if this condition is not complied with at the time required by this condition, the owner(s) of the land and the owners’ successors in title continue to be obligated to register the easement in accordance with this condition and must do so within 40 business days of becoming aware on the non-compliance with this condition. 792nd Council Meeting 25 August 2020 224 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
7 Restrictions regarding Council easements and infrastructure a No building work or deep landscaping is permitted over or within any Council public utility easement. b Ensure all proposed buildings, structures and footings are a minimum distance of 1.5 horizontal metres from Council infrastructure.
8 Plan sealing (Specific condition) Other than where structures are approved within this decision notice, the site is to be made vacant of all structures/built form prior to a request is made to Council to approve the plan of subdivision.
Engineering
9 Vehicular crossings a Two (2) vehicular crossings are permitted to the development site (one each for proposed lots 42 and 43), subject to the following: b Obtain a VXO licence / Operational works approval (as appropriate) for the design and construction of the vehicular crossings, prior to a request is made to Council to approve the plan of subdivision at no cost to Council: and include in particular: i A 7m (minimum) separation between the 2 vehicular crossings. ii A 7m (minimum) separation between the lot 43 vehicular crossing and the existing crossing to lot 44 on RP28399. iii A 1m (minimum) separation between vehicular crossings and side property boundaries. iv Be in accordance with the Driveways and vehicular crossing code of the City Plan and standard drawing RS-049. c Construct and maintain the 2 vehicular crossings identified above, at no cost to Council, prior to a request is made to Council to approve the plan of subdivision and at all times.
10 Electrical reticulation Design, construct and connect an electrical reticulation system at no cost to Council and include in particular: a Provide electricity to all proposed lots. b No additional poles are to be erected within public roads. c Meet the requirements of the electricity supplier (e.g. Energex).
11 Telecommunications network Design, construct and connect a telecommunications services network at no cost to Council and include in particular: a Provide telecommunications to all proposed lots and pit and pipe infrastructure along public roads. b All new pit and pipe infrastructure required to be installed along public road(s), must be suitably sized to cater for future installation of fibre optic cables. c Meet the telecommunications industry standards (e.g. Telstra/NBN Co 792nd Council Meeting 25 August 2020 225 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
standards).
12 Connection to Permanent survey marks a Connect all proposed lots to permanent survey marks (PSM’s) in accordance with City Plan Policy SC6.11 – Land Development Guidelines, and Guidelines for Creation and Submission of ADAC.xml Files. All proposed lots must be connected to at least 2 permanent survey marks for inclusion in the City of Gold Coast Contributed Assets register. b New permanent survey marks must comply with the requirements of City Plan Policy SC6. 11 - Land Development Guidelines, and include in particular: i Be placed in locations to provide good coverage over the extent of the survey. ii Be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA 94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4TH order for vertical accuracy in accordance with Department of Natural Resources and Mines guidelines. c Connect lots to permanent survey marks prior to a request is made to Council to approve the plan of subdivision.
13 Rectification of Council’s infrastructure a Rectify any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council. b Construct and maintain the rectified Council infrastructure at no cost to Council prior to commencement of the use.
14 Existing infrastructure, structures and services a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings prior to commencement of the use at no cost to Council and include in particular: i Remove redundant vehicular crossing. ii Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).
Stormwater Drainage
15 Overland flow paths and hydraulic alterations a Leave unaltered the overland flow paths on the site, such that the characteristics of existing overland flows on other properties remain uninhibited and unchanged. b The development must not: i Increase peak flow rates downstream from the site ii Increase flood levels external to the site iii Increase duration of inundation external to the site that could cause loss or damage
Sewer and Water Works 792nd Council Meeting 25 August 2020 226 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
16 Sewer reticulation a Design, construct and connect each proposed lot to Council’s sewer network at the existing sewer main traversing the rear of the site, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular: i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Water and Sewerage Connections Policy. ii Remove/seal/cap redundant sewer property services. 17 Sewer Reticulation - reuse existing sewer connection Obtain an approval from Water and Waste to reuse the existing sewerage connection and connect the proposal to Council’s sewer network at the existing connection serving the site, prior to commencement of the use at no cost to Council and include in particular: i Be in accordance with the Water and Sewerage Connections Policy ii An “Application to Work on the City’s infrastructure” form. iii A closed circuit television (CCTV) and condition report. iv Should the material of the existing sewer property connection be asbestos cement, vitrified clay, concrete or masonry, the connection must be relined by use of a “cured in place pipe” (CIPP) relining methodology.
18 Water reticulation Obtain an operational works approval for the design, construction and connection of a water reticulation system to connect each proposed lot separately to Council’s water network at the existing 100mm water main in Hill Avenue across the road from the development site, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Water and Sewerage Connections Policy. ii Remove redundant water meters/connections.
19 Fire loading Fire loading must not exceed 15 L/s for 4 hours duration.
Construction Management
20 Certification of works - Water and Waste Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Water and Waste Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section
An easement upon request to - Registered Compliance document and Council to Surveyor Section 792nd Council Meeting 25 August 2020 227 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Survey Plans approve the plan with the required of subdivision easements dimensioned and shown centrally located over the proposed sewerage infrastructure located within the subject site The certification is to confirm: Easements are correctly located over the infrastructure and meet the requirements specified in the SEQ Water Supply and Sewerage Design and Construction Code for sewerage infrastructure.
21 Certification of works - Subdivision Engineering Provide Council with certificates prepared by qualified expert(s) from the discipline(s) listed below, confirming as follows:
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - Registered Contributed removal of request is builder or Assets structures and made to Registered private Council to Professional
services approve the Engineer of plan of Queensland subdivision (RPEQ)
The certification is to confirm: All structures and private services within the site have been removed.
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - Registered Contributed vehicular request is Professional Assets crossings made to Engineer of Council to Queensland approve the (RPEQ) plan of 792nd Council Meeting 25 August 2020 228 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
subdivision
The certification is to confirm: All works comply with the requirements of the vehicular crossing condition.
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Certificate for Prior to a - An Contributed electricity request is made authorised Assets supply to Council to supplier approve the (e.g. plan of Energex) subdivision
The certification is to confirm: Electricity supply is available to all proposed lots.
Subdivision Engineering Certified Certification Plan/ Expert discipline Requesting document date Drawing Council Section Contractual Prior to a - The authorised Contributed agreement request is telecommunication Assets (e.g. made to carrier (e.g. Agreement Council to Telstra, NBN Co) Advice or approve the Completion plan of Letter from subdivision Telstra. Alternatively, a copy of Master Development Agreement or Small Development Agreement from NBN Co).
The certification is to confirm: Telecommunication infrastructure will be undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards). 792nd Council Meeting 25 August 2020 229 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Subdivision Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Written Prior to a - Registered Contributed confirmation request is made Cadastral Assets for Permanent to Council to Surveyor Survey Marks approve the works plan of subdivision
The certification is to confirm: That all lots are connected to permanent survey marks in accordance with the requirements contained within the permanent survey marks condition.
22 Certification of works - Geotechnical Engineering Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Geotechnical Engineering Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Post- Immediately - Registered Development construction after Professional Compliance certification completion of Engineer of all works Queensland associated (RPEQ) with the specialising subdivision on in site and prior geotechnical to registering engineering the plan of subdivision The certification is to confirm:
All advice, landslide risk mitigation measures and recommendations of the geotechnical report titled “Slope Stability Risk Assessment Report & Permeability Report, #73 Hill Avenue, Burleigh Heads 4220 QLD”, prepared by EarthSolve, Ref: MALCOLM200326SLJ, dated 26 March 2020, have been complied with and
implemented on site. 23 Certification of works - Hydraulics and Water Quality Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:
Hydraulics and Water Quality 792nd Council Meeting 25 August 2020 230 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Certified Certification Plan/ Expert Requesting document date Drawing discipline Council Section Post Prior to a “Stormwater Registered Hydraulics construction request is Management Professional & Water certification made to Plan for Engineer Quality Council to Proposed Queensland approve the Subdivision (RPEQ) plan of (1 Lot into 2 subdivision Lots) at 73 Hill Avenue, Burleigh Heads QLD 4220” prepared by Mora Consulting Pty Ltd, dated 25 May 2020 (Issue 2). The certification is to confirm: All stormwater devices shown in the approved stormwater management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as designed.
24 Availability of approved plans, drawings and reports Retain a copy of this decision notice and stamped approved plans, drawings and reports on site at all times during construction. Any contractors undertaking approved work (including tree removal or relocations) must be directly provided with a copy of these conditions and instructed as to the need to comply with them.
25 Notice of works timetable Provide a Notice of works timetable for Commencement of work to Council’s Development Compliance section prior to commencement of any works. A copy of Council’s Notice of works timetable is available on Council website http://www.goldcoast.qld.gov.au/documents/fa/fm579_notice-of-works.pdf
26 Erosion and sediment control Undertake Erosion and sediment control measures generally in accordance with the Healthy waters code of the City Plan and include in particular: a Sediment control structures e.g.: sediment fence must be placed at the base of all materials on site to mitigate sediment run-off. b A perimeter bund and/or diversion drain must be constructed around the disturbed areas to prevent any outside clean stormwater from mixing with polluted polluted/contaminated stormwater. c 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 792nd Council Meeting 25 August 2020 231 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Queensland Water Quality Guidelines (DERM September 2009) prior to discharging from the site. d Inspections for erosion and sediment control measures are to occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines, section 4.5.17.1.2 – Compliance. Advice Notes
A Development infrastructure Development infrastructure required to be provided in implementing this development approval is non-trunk development infrastructure unless otherwise stated in a condition of the approval.
B Further development permits / compliance permits Further development permits and/or compliance permits from Council are required to facilitate the development of the approved works identified in this decision notice. These include:
Water and Waste - Operational works - infrastructure - Application to work on the City’s infrastructure A copy of this decision notice and accompanying stamped drawings / plans must be submitted with any subsequent application identified above. Subsequent development applications (i.e.: Operational works) will be assessed in accordance with the City Plan Version at the time of lodgement (excluding instances where Variation / Preliminary approval exists).
C Compliance with conditions Once this development approval takes effect, the conditions attach to the land and are applicable in perpetuity. It is a development offence to contravene a development approval, including any of its conditions.
D Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘ACHA’) is administered by the Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP). The ACHA 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 ACHA. The applicant should contact DATSIP’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the ACHA. 792nd Council Meeting 25 August 2020 232 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
E Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.
F Properly made submissions There were no properly made submissions about the application. G 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 liming 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 commended 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 Environment 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 total value of the building and construction works exceeds $150,000 (excluding GST). 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. f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans. g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required.
H Weeds, pest animals and ants Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural prosperity, the environment, social amenity and human health. 792nd Council Meeting 25 August 2020 233 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.
I Fire ant control Northern suburbs of the Gold Coast are within Fire Ant Biosecurity zone 2 and must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014 individuals and organisations whose activities involve the movement or storage of fire ant carriers have a general biosecurity obligation to take all reasonable steps to ensure they do not spread fire ants. Movement of a fire ant carrier from within the fire ant biosecurity zone may need a biosecurity instrument permit. More information is available on the Department of Agriculture and Fisheries website www.daf.qld.gov.au/plants/weeds- pest-animals-ants/invasive-ants/fire-ants.
J Connections to, alteration or realignment of Council infrastructure Where development works require the connection to, alteration, removal or realignment of Council infrastructure or 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. Connection to, alteration, removal or realignment of Council infrastructure includes (but is not limited to) fire hydrants, water service metres, sewer man hole covers, stormwater drainage infrastructure, reinstatement of hole covers, stormwater drainage infrastructure, crossovers, footpaths, road pavement, kerb and channel, kerb ramps, medians, traffic islands, road furniture, signage and line-marking.
K Stormwater Management Plans A property notification will be applied to the lot/subsequent lots stating a stormwater management plans exist for the site and must be complied with at all times.
L Connections and disconnections Any connection / disconnection to the existing water and sewerage networks will be at the applicant’s cost. Prior to the connection / disconnection taking place, the applicant must obtain written approval from Water and Waste. Refer to Water and Sewerage Connections Policy, available on Council’s website http://www.cityofgoldcoast.com.au
M No open trenching of the road pavement for water connections across / in roadways Conduits must be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Council’s potable water supply network. In certain circumstances approval of open trenching of the road may be allowed, subject to Council approval. Refer to Water and Sewerage Connections Policy, available on Council’s website http://www.cityofgoldcoast.com.au
N Operational Works meeting prior to lodgement Council’s Water and Waste Development Services team encourage contact to discuss any water and sewer matters of significance prior to the submission of an application for Operational Works. Contact [email protected] to arrange a meeting. 792nd Council Meeting 25 August 2020 234 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 2 (Continued) REPORT ON DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT FOR A ONE (1) INTO TWO (2) LOT SUBDIVISION AT 73 HILL AVENUE, BURLEIGH HEADS – DIVISION 13 ROL/2019/60
Property Notifications
A Stormwater There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (ROL/2019/60). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline
B Slope sensitive lots There are development approval conditions applicable in relation to slope sensitive building on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (ROL/2019/60). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline
C Vehicular crossing location The vehicular crossings to proposed lots 42 and 43 must be constructed and maintained in the locations as detailed in the subdivision conditions contained within ROL/2019/60.
CARRIED Cr PC Young voted in the positive.
Recommendation Adopted at Council 25 August 2020
RESOLUTION G20.0825.033 moved Cr Owen-Jones seconded Cr Caldwell
That Committee Recommendation PE20.0820.002 be adopted as printed in the Planning and Environment Committee meeting report.
CARRIED 792nd Council Meeting 25 August 2020 235 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ATTACHMENT A - Page 1 of 1
Subject site 792nd Council Meeting 25 August 2020 236 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
ATTACHMENT B - Page 1 of 1 792nd Council Meeting 25 August 2020 237 Planning and Environment Committee MeetingATTACHMENT 20 August 2020 C - Page 1 of 1 Adopted Report 792nd Council Meeting 25 August 2020 238 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Infrastructure Charge Notice ATTACHMENT D – Page 1 of 6
To: Js Malcolm Holdings P/L & Robert & Alexis Malcolm C/- Lm Planning Solutions Pty Ltd, PO BOX 336 SANCTUARY COVE QLD 4212
Cc: Body Corporate For Windemere Court CTS 13053 73 Hill Avenue BURLEIGH HEADS QLD 4220
Land to which The land to which the charges in this notice apply is. charges apply Property description LOT0 BUP2072 Property address 73 Hill Avenue BURLEIGH HEADS
Total levied charge payable $ 0.00 +ADJUSTMENTS
Due date for Total payable prior to the local government that levied the charge approving payment the plan of subdivision for the reconfiguration.
Payment Payment of the charges must be made in accordance with the “How to pay details methods” section of this notice.
Adjustments The levied charge will automatically increase by the lesser of the following: to charge (a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and (b) The increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period starting on the day the levied charge is levied and ending on the day the charge is paid.
‘3-yearly PPI average’ and ‘PPI’ have the meanings given in the Planning Act 2016.
As the charge amount stated above is current at the date the notice was generated, the total charges due at the date of payment may be greater.
Offsets and/or Offsets (if applicable) will be provided consistent with the provisions of the Refunds Planning Act 2016 and Council’s Charges Resolution. If applicable, details of the offset are provided on this Infrastructure Charge Notice.
Failure to pay A levied charge is, for the purposes of recovery, taken to be rates of the local charge government that levied it.
Authority for The charges in this notice are payable in accordance with the Planning Act 2016. charge
Document: #77103283 Page 1 of 6 792nd Council Meeting 25 August 2020 239 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
GST GST does not apply to payments or contributions made by developers to Government which relate to, or relates to, an application for the provision, retention, or amendment of a permission, exemption, authority or licence (however described) under the Planning Act 2016.
Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].
Document: #77103283 Page 2 of 6 792nd Council Meeting 25 August 2020 240 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Infrastructure Charge Notice
Tuesday, 21 July 2020 Application PN28641/16 Site address 73 Hill Avenue, BURLEIGH HEADS Application number & code ROL/2019/60 Application description 1 INTO 2 LOT SUBDIVISION Officer name Kasi Hurley
Charge calculation
Charges Resolution No. 1 of 2018 Qty Rate Gross Charge Amount ROL Proposed Lot 2 Lots @ $ 30,021.91 $ 60,043.82 $ 60,043.82 Net Charge Summary Gross Charge Amount Applied Credit Amount Net Charge Amount $ 60,043.82 $ 60,043.82 $ 0.00
Applied credit Credits applied for 2x Historic Standard Lots. details
Office Use Only $ 0.00 OTHINF $ 0.00 SEWINF $ 0.00 WTRINF $ 0.00
Document: #77103283 Page 3 of 6 792nd Council Meeting 25 August 2020 241 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
DECISION NOTICE DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE Pursuant to section 119 of the Planning Act 2016, on the insert date, the City decided to give this infrastructure charges notice. The date the development application was approved is set out on the first page of the decision notice approving the development application. Appeal rights
You have appeal rights in relation to this notice. An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds:
(a) the notice involved an error relating to:
(i) the application of the relevant adopted charge; or
Examples of errors in applying an adopted charge:
• the incorrect application of gross floor area for a non-residential development
• applying an incorrect ‘use category’, under a regulation, to the development
(ii) the working out of extra demand, for section 120 of the Planning Act 2016; or
(iii) an offset or refund; or
(b) there was no decision about an offset or refund; or
(c) if the infrastructure charges notice states a refund will be given – the timing for giving the refund; or
(d) for an appeal to the Planning and Environment Court – the amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.
To remove any doubt, the Planning Act 2016 declares that an appeal against an infrastructure charges notice must not be about:
(a) the adopted charge itself; or
(b) for a decision about an offset or refund:
(i) the establishment cost of trunk infrastructure identified in a local government infrastructure plan; or
(ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.
An appeal must be started within 20 business days after the infrastructure charges notice is given to you.
An appeal may be made to the Planning and Environment Court or to a development tribunal.
An appeal is started by lodging a notice of appeal with the registrar of the Planning and Environment Court or a development tribunal, as applicable. The notice of appeal must be in the approved form, succinctly state the grounds of the appeal and be accompanied by the required
Document: #77103283 Page 4 of 6 792nd Council Meeting 25 August 2020 242 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
fee.
An appellant to the Planning and Environment Court must give a copy of the notice of appeal, within 10 business days after the appeal is started, to the persons identified in section 230(3) of the Planning Act 2016. A person who is appealing to the Planning and Environment Court must comply with the rules of the court that apply to the appeal.
Chapter 6, Part 1 and Schedule 1 of the Planning Act 2016 sets out further information about appeal rights.
Document: #77103283 Page 5 of 6 792nd Council Meeting 25 August 2020 243 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
How to pay methods
Pay by mail Customer Service Centre in person Ordinary mail Pay at any Customer Service Centre with cheque, debit card, MasterCard or Visa. Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council Payments by credit card over $50,000 not accepted in an envelope and post it to this address: For locations and opening hours please visit Council of the City of Gold Coast cityofgoldcoast.qld.gov.au PO Box 5042 GCMC QLD 9726
How to contact us
07 5582 9030 or 1300 69 4222 Council of the City of Gold Coast (7am to 6pm, Monday to Friday), or from outside of PO Box 5042, GOLD COAST MC QLD 9726 Australia call +61 7 5582 8866
Visit us at any Customer Service Centre goldcoast.qld.gov.au
Open hours; cityofgoldcoast.qld.gov.au
Document: #77103283 Page 6 of 6 792nd Council Meeting 25 August 2020 244 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
ITEM 3 CITY DEVELOPMENT REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Refer 76 page attachment
1 APPLICATION SUMMARY
Application information Address 153-205 Gooding Drive and Boowaggan Road, Merrimac Lot and plan Lot 23 on SP178025 and Lot 5 on SP214289 Site area 75.95ha Properly made date 25 May 2015 Gold Coast Planning Scheme 2003 (version 1.2 Planning Scheme amended 2011) Consideration has been given to City Plan version 4 Guragunbah Local Area Plan Land Use Themes: Planning Scheme Domain / • Active / Passive Recreation Local Area Plan • Open Space corridor • Tourism – Built Development City Plan Zone Limited development (constrained land) zone OM8 - Airport PAN-OPS Surface OM10 – Potential Bushfire Hazard OM11 – Natural Wetland and Waterway Areas Overlays (2003 Planning OM14 – Acid Sulfate Soils Hazard Areas Scheme) OM17 – Natural Hazard (Flood) Management Areas OM20 – Conservation Strategy Plan OM22 – Scenic Tourist Routes
Preliminary Approval for making a Material Change of Use to vary the effect of the local planning instrument, pursuant to section 242 of the Sustainable Planning Act 2009, to facilitate the development of land described for Business Activities, Community Activities, Industrial Proposed use Activities, Recreation and Environmental Activities, Residential Activities, Tourism and Entertainment Activities and Transport and Infrastructure Activities, in accordance with the Green Heart Gardens Development Plan. 792nd Council Meeting 25 August 2020 245 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Categories of development Impact assessment and assessment Clive Palmer (Applicant) Place Design Group (Planning and visual impact consultant) Burchills Engineering Solutions (Engineering, hydraulics and environmental consultants) Applicant and Applicant’s consultancy team Bitzios (Traffic consultants) ASK (Odour assessment consultants) Foresight Partners (Economic and planning need) TAP consulting (Social and health impact consultants)
Land owner Clive Palmer Objections Support Submissions 10 properly made Nil 4 not properly made • Traffic congestion and safety • Building height • Dwellings numbers Key matters raised by • Flooding submitters • Loss of character • Insufficient public services and facilities • Out of centre development Decision due date 5 July 2019 Concurrency agency – Department of State Referral agencies Development, Manufacturing, Infrastructure and Planning - SARA Officer’s recommendation Refusal
2 BACKGROUND
The application was originally lodged with Council on 25 May 2015. At the time of lodgement, the application included the following key elements: • A predominantly residential development comprising a maximum of 5000 dwellings generally in a multiple dwelling apartment style arrangement; 792nd Council Meeting 25 August 2020 246 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• A mixed-use activity centre of 8000m² GFA; • A range of building heights from 3 to 30 storeys; • An approximate 23 hectare development footprint utilising cut/fill; • Creation of private lakes; • Approximately 53ha of open space comprising landscaped areas, recreation areas and rehabilitated environmental areas including wetlands; • Access via two new intersections onto Gooding Drive and two intersections onto Boowaggan Road; • A future connection along the southern boundary of the development site connecting directly to Robina Parkway through the adjoining Council owned land; and • A development code, The Greenheart Gardens Plan of Development that overrides the requirements of the Planning Scheme relevant to the site.
Subsequent to the original application a number of changes have been made as follows:
• First change in response to information request – 2 February 2018; • Second change in response to submissions – 11 February 2019
The key changes that have been made to the application from the time of lodgement are summarised in the table below:
Figure 1: Summary of changes to application (source: applicant)
3 PROPOSAL
The purpose of this report is to assess an application for a Preliminary Approval for making a material change of use to vary the effect of the local planning instrument, pursuant to section 242 of the Sustainable Planning Act 2009 (SPA). The application triggers Impact 792nd Council Meeting 25 August 2020 247 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Assessment because it involves a Preliminary Approval overriding the Gold Coast Planning Scheme 2003 (Version 1.2).
The preliminary approval seeks to facilitate the development of the site for uses described as Business Activities, Community Activities, Industrial Activities, Recreation and Environmental Activities, Residential Activities, Tourism and Entertainment Activities and Transport and Infrastructure Activities, in accordance with the Greenheart Gardens Plan of Development. The application seeks approval of a master planned residential community, with limited commercial development, on a fill platform within the north western portion of the site. The assessment presented in this report relates to the most recent changes made on 11 February 2019.
The Preliminary Approval seeks to facilitate future development of the site comprising:
• Urban development within an 18.2ha portion of the site derived from cut/fill above the 1% AEP (1 in 100 year) flood level. • A development yield of 3000 dwellings (gross density of 39.5 dwellings per hectare) in a range of dwelling types from Dwelling houses to Multiple dwellings. • Building height not exceeding 8 storeys (32m). • A neighbourhood centre of 2000m² gross floor area containing a range of retail, commercial, service or recreational uses. • A series of local parks with varying levels of flood immunity from Q5 to Q50. • 57.7ha of open space comprising environmental areas and passive and active recreational areas. • Dual access from Gooding Drive (one signalised, one unsignalised – left in /left out only) and Boowaggan Road (one signalised, one unsignalised) branching into a network of internal roads linking three development zones. • The implementation of the Greenheart Gardens Plan of Development that replaces the Guragunbah Local Area Plan of the 2003 Planning Scheme that was in force at the time of lodgement and the subsequent Limited development (Constrained land) zone of the City Plan. The Plan of Development has been prepared as a planning instrument, which in conjunction with certain aspects of City Plan will manage the future development of the site. The Plan of Development includes: o An implementation strategy to deliver the development; o Specific definitions for ‘site cover’ and ‘setback distances’ as they relate to the site; o Tables of assessment and assessment benchmarks for material change of use, reconfiguration of a lot and operational work, and o The Greenheart Gardens Development Code that sets out the Purpose of the code, precinct intents and Required, Performance and Acceptable outcomes. • To establish two precincts: o Precinct 1: Urban Residential Precinct - that provides predominantly for a range of residential land uses including dwelling houses, dual occupancies, multiple dwellings and retirement facility. This precinct contains a Neighbourhood Mixed-use Hub that may include a range of business, service 792nd Council Meeting 25 August 2020 248 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
industries, tourism or entertainment activities, collectively not more than 2000m², but with thresholds for some individual land uses (eg Bar -100m², Function facility – 150m², Indoor sport and recreation – 500m²); and o Precinct 2: Open Space Precinct – that accommodates communal open space, both active and passive and environmental restoration areas. The applicant has stated that open space and recreational areas will within the development will be controlled within a community management scheme.
The preliminary approval is seeking a period of 20 years from the date of approval in which to complete the development.
The following images are taken from the proposed development code and show the distribution of the precincts, building heights, proposed circulation networks and open space and recreation areas.
Figure 2: Precinct and land use plan (source: applicant) 792nd Council Meeting 25 August 2020 249 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 3: Building height plan (source: applicant)
Figure 4: Road and Streets Network Plan (source: applicant) 792nd Council Meeting 25 August 2020 250 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 5: Open Space and Recreation Plan (source: applicant) Further to the code maps above, the applicant has prepared a conceptual master plan illustrating one possible outcome of the code having regard to the proposed building height and distribution, building typologies, road network, pedestrian and cycle networks and rehabilitation of open space.
Figure 6: Conceptual Master Plan (source: applicant) 792nd Council Meeting 25 August 2020 251 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 7: Illustrative montage of possible future development (source: applicant)
4 KEY CONSIDERATIONS
The application was lodged in May 2015 pursuant to the Sustainable Planning Act 2009 (SPA). At the time of lodgement the Gold Coast Planning Scheme 2003 version 1.2 (amended November 2011) was the scheme in effect and is the key relevant local planning instrument for the assessment of the application. Pursuant to section 317 of SPA, Council can give weight to a planning instrument, code, law or policy that came into effect after the application was made, but before the application went into decision. At the time of lodgement the City Plan was in draft form, however by the time the application entered the decision stage (24 March 2018) City Plan Version 4 had commenced (3 July 2017). Weight has been given to this planning instrument.
The City of Gold Coast Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018 (TLPI), commenced on 28 August 2018, after the application entered the decision stage. Therefore the TLPI does not apply in the assessment of the application. Notwithstanding, the minor change to the application that was made on 11 February 2019 removed the component of the proposal on a podium structure elevated over the floodplain, and therefore does not offend the TLPI if it was to apply.
The key considerations of the proposal include its proximity to the Merrimac Sewage Treatment Plant, land use and built form, hydraulic impacts and traffic and transport. These 792nd Council Meeting 25 August 2020 252 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 key considerations have been determined having regard to both the 2003 Planning Scheme and City Plan V4.
Council issued an information request in relation to the original application on 7 July 2015 and the applicant provided a response on 2 February 2018. Because the response had not satisfactorily addressed the matters raised in Council’s information request and because a subsequent change had been made to the application (this current proposal), officers issued to the applicant further correspondence on 23 August 2019.
This correspondence requested further information, which highlighted key issues relating to:
• Odour impacts from the nearby Merrimac Sewage Treatment Plant. • Hydraulic impact; and • Impacts on the transport network;
In correspondence dated 7 May 2020, the applicant instructed Council to decide the application as soon as possible based on the information provided. The further information requested by officers to address the outstanding issues has not been provided and therefore insufficient information exists to properly assess the impacts of the proposal.
Based on the information available the following key considerations remain outstanding.
Proximity to Merrimac Sewage Treatment Plant
The proposal includes sensitive receptors within 300m from the boundary of the Merrimac Sewage Treatment Plant and within 400-500m of various process units within the plant. These distances are not consistent with the Guragunbah LAP that states no residential uses are to occur within one kilometre radius of the treatment plant unless further improvements to the treatment works eliminate the potential for unpleasant odour within the buffer area, or it can be demonstrated that a consistently high level of residential amenity can be maintained with regard to unpleasant odours. An odour assessment report was submitted with the application. The report stated that the EHP Guideline value of 2.5 OU (odour units) will be exceeded over a portion of the outdoor open space area, resulting in risk of odour nuisance in these areas, but that this is acceptable because impact will be limited to open space and not dwellings. Council commissioned a consultant expert the in operation of sewage treatment plants and odour modelling to peer review of the report. The peer review concluded that based upon the modelling performed and outputs produced, it remains uncertain whether the impacts will be limited to open space areas. Further modelling has been requested, but has not been provided to Council officers or the peer reviewer’s satisfaction. In any case, it was determined that odour impacts to open space areas will impact on the enjoyment of those areas leading to a reasonable risk of odour complaints. Because of identified deficiencies in the odour impact assessment report that have not been resolved, the proposal is considered to be incompatible with the safe and optimal operation of the Merrimac Sewage Treatment Plant and its current form is not supported. 792nd Council Meeting 25 August 2020 253 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Hydraulics
Hydraulic analysis shows that approximately 66ha of the 75ha site is flood affected by the Nerang River system with a designated flood level of 4.35m AHD. The average ground level is approximately 1.2m AHD, meaning the average flood depth over the site is approximately 3.15m during a 1% AEP (1 in 100 year) regional flood event. The hydraulic assessment shows significant hydraulic impact in a vast area external to the site during a range of regional and local flood events. In correspondence dated 23 August 2019, officers requested a redesign of the proposal to mitigate these hydraulic impacts. The applicant has not provided any further hydraulic assessment and has failed to demonstrate the continuing function of the floodplain. Traffic and Transport
In order to mitigate impacts of the proposed development, various works are proposed to the local external road network. These proposed works include: • Modifications to the Robina Parkway / Markeri Street intersection. • An additional 180 metre long southbound through-lane on the northern leg of the Robina Parkway / Markeri Street intersection. • A significant increase in the length of the existing dual northbound right turn lanes on Robina Parkway into Markeri Street. • An additional (third) travel lane in both directions on Robina Parkway between Markeri Street and Cheltenham Drive. • Extensions to a number of turning lanes at the Robina Parkway / Cheltenham Drive intersection. • An additional 150 metre long northbound through-lane on the southern leg of the Robina Parkway / Cheltenham Drive intersection. • An additional 250 metre long southbound exit-lane on the southern leg of the Robina Parkway / Cheltenham Drive intersection. • An additional northbound approach lane on the southern leg of the Cheltenham Drive / Robina Town Centre Drive intersection. Officers are not satisfied that viable and safe upgrades can be made within the constraints of the existing road network to accommodate future development of the site. For these reasons, officers consider that the proposal will not support the achievement of Planning scheme DEO’s or City Plan strategic outcomes and represents non-compliances with these documents. Because of the uncertainty that remains with the key unresolved issues, officers recommend that the application be refused.
5 SITE CONTEXT
5.1 Subject site The subject site:
• Is located within the Guragunbah Floodplain; 792nd Council Meeting 25 August 2020 254 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• Has the real property description of Lot 23 on SP178025 and Lot 5 on SP214289; • Is located at 153-205 Gooding Drive and Boowaggan Road Merrimac; • Has an area of 75.95ha ha; • Has property boundaries comprising: o A north western boundary to Gooding Drive for a length of approximately 514 metres; o An irregular northern boundary to Boowaggan Road for a length of approximately 780 metres; o An eastern boundary for a length of approximately 450 metres to an unformed road between the site and the Merrimac Sewage Treatment Plant to the east; o A common boundary of a length of approximately 840 metres with the adjacent sewage treatment plant and waste transfer station sites; o An irregular southern boundary for a length of approximately 967 metres that adjoins land in Council’s Central Park; and o A western boundary of approximately 1km. • Has two access points, one onto Gooding Drive approximately 80 metres from the intersection with Boowaggan Road and a second onto Boowaggan Road, approximately 190 metres from the intersection with Gooding Drive; • Contains a resort complex (Avica Resort). The resort located within the north western portion of the site includes a wedding chapel, conference rooms, day spa, tennis courts, swimming pool and 27 guest rooms. The resort in not currently in operation. • Aside from approximately 3ha of elevated land that contains the resort complex and a portion of high land within approximately the centre of the site on which two large sheds are located, the site is largely floodplain land with several drainage channels passing through the site. Several wetlands and artificial lakes feature in the low lying areas. • Is gently undulating with changes in elevation from approximately 10m AHD in the north western corner of the site, where the existing resort sits, to approximately 2m AHD in the centre of the site then slowly rises to 12m AHD in the far southern region. • Is largely flood affected (66ha approx.) by the Nerang River system with a designated flood level (DFL) of 4.35m AHD. Average ground level is approximately 1.2m AHD. • Is largely cleared of vegetation with the exception of small pockets in the south and north-west and bordering a tributary of Boowaggan Creek that runs through the site. • Is predominantly used as grazing land for deer, cattle and horses. • Contains easements that run from Gooding Drive, south along the western property boundary to the southern boundary of Lot 23 then traverse Lot 5 to the Merrimac Sewage Treatment Plant and contain sewer and recycled water infrastructure. 792nd Council Meeting 25 August 2020 255 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 8: Subject site
Figure 9: Flood mapping (source: applicant) 792nd Council Meeting 25 August 2020 256 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
5.2 Immediate context The site is centrally located within the Guragunbah Floodplain. In the location, the immediate site context includes: North: Immediately north of the site on the opposite side of Gooding Drive is a mixed use commercial precinct that contains offices, child care centre and medical complex. Surrounding and adjacent to this is a wholesale plant nursery and then beyond is undeveloped Council owned land that forms part of the proposed Greenheart Parklands. To the north of Boowaggan Road is Merrimac State School and adjacent to that, Lakelands Golf Course. East: Adjoining the site to the east (and partially south) is the Merrimac Sewage Treatment Plant and Merrimac Waste and Recycling Centre. East of Robina Parkway is lakefront Low density residential zoned land within the suburb of Clear Island Waters. South: Immediately to the south of the site is undeveloped Council owned land that forms part of the proposed Greenheart Parklands. West: West adjoining the northern portion of the property boundary is Low density residential zoned land that contains an attached dwelling complex and aged persons accommodation. The southern portion of the western boundary adjoins essentially large lot residential properties within the Limited development (constrained land) zone. 792nd Council Meeting 25 August 2020 257 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Merrimac State School
Merrimac Sewage Treatment Plant and Transfer station
Greenheart Parklands
Figure 10: Immediate site context
5.3 Local context North: North of Gooding Drive exist clustered flood plain residential development set within areas of open space including golf courses, undeveloped areas of the Guragunbah Floodplain, lake front development of Emerald Lakes, schools, commercial and retail development. Carrara Stadium is approximately 4km to the north. Carrara Markets is approximately 2km to the north east of the site.
East: East of Robina Parkway extending to Bermuda Street is the predominantly low density residential area of Clear Island Waters and Mermaid Waters, with some scattered pockets of medium density residential. The Q Supercentre and The Lakes development are located approximately 2.0km north east of the site.
South: South of the site beyond the future Greenheart Parklands land is land covered by the Robina Central Planning Agreement. This area contains a mix of uses including 792nd Council Meeting 25 August 2020 258 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
low to medium density residential, commercial development including a number of mid to high rise office buildings, schools and regional community and sports facilities. Robina stadium is approximately 2.3km south of the site; Robina Hospital and Robina train station are approximately 2.8km from the site and Robina Town Centre is approximately 3.44km to the south.
West: The area west of the site along Gooding Drive contains a mix of land uses including low density residential areas of predominantly single detached dwellings, pockets of medium density attached dwellings, service stations, neighbourhood centres, a tavern and fast food outlets. The site is approximately 1.87km from the Pacific Motorway interchange and 2.1km to the Worongary shopping centre. The future Merrimac heavy rail station (due to open on 2024) is located approximately 1.3km from the site.
Future Merrimac rail station
Pacific Motorway interchange Gold Coast / Brisbane rail line
Robina Town Centre
Figure 11: Local site context
5.4 City wide context
The site is centrally located within the Guragundah Floodplain in proximity (approximately 3km) to the Key Regional Centre of Robina that is to the south. The Southport Key Regional Centre is approximately 8.5km north east of the site. The site is approximately 6km west of 792nd Council Meeting 25 August 2020 259 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 the foreshore within the suburb of Mermaid Beach and 14km east of the city’s hinterland ranges.
Subject site
Figure 12: City wide context
6 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: 792nd Council Meeting 25 August 2020 260 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
. the State planning regulatory provisions The State Planning Regulatory Provisions that are applicable to the proposed development are: • South East Queensland Regional Plan 2031 (SEQRP). • State Planning Regulatory Provisions (Adopted Charges). . the regional plan for a designated The site is located in the ‘Urban Footprint’ of region the SEQ Regional Plan. . State planning policies (unless State Planning Policy – July 2017 appropriately reflected in any relevant (See discussion under 6.1 of this report) regional plan or planning scheme) . a structure plan Not applicable . for development in a declared master Not applicable planned area—all master plans for the area . a temporary local planning instrument Not applicable . an earlier preliminary approval to which There is no earlier preliminary approval section 242 applies applicable to the site. . a planning scheme The proposed development has been assessed against the City of Gold Coast Planning Scheme 2003, Version 1.2 (Amended November 2011). Refer to section 6.2 of this report. Regard has been given to the City Plan. Refer to section 6.3 of this report. . the infrastructure charge resolution or Infrastructure charges are issued by way of an the priority infrastructure plan. infrastructure charge notice. A preliminary approval does not allow development to commence. Therefore an infrastructure charge notice will not be issued should the application be approved. In addition, the assessment manager must assess the part of the application having regard to: • the common material All common material has been considered in the assessment of the proposed development. • any development approval for, and any Existing development approvals in the vicinity lawful use of, premises the subject of of the premises have been taken into the application or adjacent premises consideration. • any referral agency’s response for the Refer to section 9.2 of this report. application In addition to the requirements of section 314 of SPA above, s316 of SPA identifies the requirements for the assessment of s242 preliminary approvals. These include to the extent relevant: . the common material. All common material has been considered in the assessment of the proposed development. . the result of the assessment manager’s The assessment manager’s assessment 792nd Council Meeting 25 August 2020 261 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
assessment of any parts of the of the proposal has concluded that the application requiring code or impact application should not be supported. assessment. . the State planning regulatory provisions. The State Planning Regulatory Provisions that are applicable to the proposed development are: • South East Queensland Regional Plan 2031 (SEQRP). • State Planning Regulatory Provisions (Adopted Charges). . the regional plan for a designated region, The site is located in the ‘Urban Footprint’ to the extent it is not identified in the of the SEQ Regional Plan. planning scheme as being appropriately reflected in the planning scheme. . State planning policies (to the extent the State Planning Policy has been reflected policies are not identified in any relevant in the Planning Scheme apart from regional plan or planning scheme). aspects relating to natural hazards, risk and resilience (coastal hazards). The proposal triggers assessment against assessment benchmarks relating to natural hazards, risk and resilience (coastal hazards). . the consistency of the proposed The proposal is considered to compromise variations with aspects of the local the Desired Environmental Outcomes planning instrument, other than the (DEOs, Planning Strategy and the aspects sought to be varied. Guragunbah Local Area Plan.
The proposal is considered to be inconsistent with the Strategic Framework of the City Plan. . the effect the proposed variations would The proposed variations are the subject of have on any right of a submitter for impact assessment. A sufficient level of following applications, with particular detail is provided in the supporting regard to the amount and detail of material for the current application to supporting material for the current properly inform the proposed application available to any submitters. development. All relevant material is available to submitters. . any referral agency’s response for the The Department of State Development, application. Manufacturing, Infrastructure and Planning as a concurrence agency to the application has provided their referral agency response that included conditions. 6.1 State Planning instruments The application has been assessed against the following instruments:
6.1.1 Assessment against the State Planning Policy The application was lodged 25 May 2015 and therefore State Planning Policy July 2014 was in force at the time. 792nd Council Meeting 25 August 2020 262 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
However, Section 317 of the Sustainable Planning Act 2009 (SPA) allows the Assessment manager to give weight to a later planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage for the application started. Under the SPA definitions, a State Planning Policy is listed as a planning instrument. In order to align with contemporary State planning, in particular current flood mapping, officers consider it relevant to give weight to State Planning Policy 2017. The following assessment relates to the development assessment requirements of this State Planning Policy.
Based on State Planning Policy Interactive Mapping System, subject site is located in the following natural hazard areas: • Erosion prone area
• Medium storm tide inundation area
• High storm tide inundation area 792nd Council Meeting 25 August 2020 263 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Assessment benchmark 1: (1) Development does not occur in an erosion prone area within a coastal management district unless the development cannot feasibly be located elsewhere and is: (a) coastal-dependent development; or (b) temporary, readily relocatable or able to be abandoned development; or (c) essential community infrastructure; or (d) minor redevelopment of an existing permanent building or structure that cannot be relocated or abandoned. Officer’s comment The proposed development is not located in an erosion prone area within the Coastal Management District. Therefore, Assessment benchmark 1 is not applicable. Assessment benchmark 2: (2) Development permitted in (1) above, mitigates the risks to people and property to an acceptable or tolerable level. Officer’s comment The proposed development is not located in an erosion prone area within the Coastal Management District. Therefore, Assessment benchmark 2 is not applicable. Assessment benchmark 3: (3) Development…avoids natural hazard areas, or where it is not possible to avoid the natural hazard area, development mitigates the risks to people and property to an acceptable or tolerable level. Officer’s comment The proposal creates a building footprint above the Council’s designated flood level (1% AEP flood level). Flood free access/egress is not available for the first stage of the development during major flood events. However, it will be available once the second stage is completed. However, a flood emergency management plan has been submitted in support of the application. Therefore, the proposal mitigates the risks to people and property to an acceptable or tolerable level. Therefore, the proposal reasonably complies with Assessment benchmark 3. Assessment benchmark 4: (4) Development supports and does not hinder disaster management response or recovery capacity and capabilities. Officer’s comment Officers are of the view that the proposal will not hinder disaster management response or recovery capacity and capabilities for the reasons in response to benchmark 3. Therefore, the proposal complies with Assessment benchmark 4. Assessment benchmark 5: (5) Development directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties. Officer’s comment On the current information provided, the proposal causes increase in flood level on a significant number of external properties. Therefore, the proposal does not comply with Assessment benchmark 5. Assessment benchmark 6: (6) Risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard are avoided. Officer’s comment The proposal is generally for residential developments and associated infrastructures where storage and release of any hazardous materials are unlikely. Therefore, the proposal complies with Assessment benchmark 6. 792nd Council Meeting 25 August 2020 264 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Assessment benchmark 7: (7) The natural processes and the protective function of landforms and the vegetation that can mitigate risks associated with the natural hazard are maintained or enhanced. Officer’s comment The proposal does not maintain the natural processes and the protective function of landforms and vegetation on site that can mitigate risks associated with the natural hazard. Therefore, the proposal does not comply with Assessment benchmark 7.
Having regard to the above assessment, it is considered that the proposal does not comply with Assessment benchmarks 5 and 7 of natural hazard, risk and resilience of the State Planning Policy to a reasonable level.
6.1.2 TLPI City of Gold Coast Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018, commenced on 28 August 2018. The objective of this TLPI is to: (i) prevent the potential loss of the city’s flood resilience and enable the sustainable mitigation of floodhazard on Flood Prone land in the Guragunbah flood plain area; and (ii) ensure development in the Guragunbah flood plain is not exposed to high or extreme flood hazards unless that flood hazard level is specified for the use as listed in Table 8.2.8-4 of the Flood overlay code; by—
(a) Identifying land that is at or above the Designated Flood Level as minimum flood free land; (b) Affecting the operation of the City Plan by amending and adding assessment benchmarks in the Flood overlay code so that development in the Guragunbah flood plain (including development elevated above Designated Flood Level): I. does not result in development being exposed to high or extreme flood hazard unless that hazard level is specified for the proposed use as listed in Table 8.2.8-4 of the Flood overlay code; and II any new lots have a sufficient area of land above the Designated Flood Level to effectively and adequately mitigate the risks and/or hazards associated with flooding.
The area to which this TLPI applies is identified in Appendix A Map 1 – Guragunbah flood plain area. This map, with the subject site identified, is reproduced below. The site is located within the area to which the TLPI applies. 792nd Council Meeting 25 August 2020 265 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Subject site
Figure 13: TLPI Map 1 - Guragunbah flood plain area. 792nd Council Meeting 25 August 2020 266 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Section 317 of the Sustainable Planning Act 2009, states the circumstances under which the assessment manager may give weight to a planning instrument, code, law or policy that came into effect after the application was made.
Section 317 states:
‘317 Assessment manager may give weight to later planning instrument, code, law or policy
(1) In assessing the application, the assessment manager may give the weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but—
(a) before the day the decision stage for the application started; or
(b) if the decision stage is stopped—before the day the decision stage is restarted.’
The application went into decision on 24 March 2018, before the commencement of the TLPI on 28 August 2018. Therefore, although the site is located within the area to which the TLPI applies, the assessment of the current application is unable to have regard to it.
In any case, the minor change to the application that was made on 11 February 2019 removed the component of the proposal on a podium structure elevated over the floodplain, meaning Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018 no longer applies in the assessment of the application.
6.2 Assessment against the Gold Coast Planning Scheme 2003 The application has been assessed against the following instruments:
The Gold Coast Planning Scheme 2003 (version 1.2) was the scheme in effect at the time the application was made and is the key relevant local planning instrument for the assessment of the application.
This development application is made in accordance with section 242 of SPA to vary the effect of the local planning instrument for particular types of development within the defined boundaries of the site.
Assessment of the application to vary the effect of the planning scheme has had regard to the following:
• The Guragunbah Local Area Plan; • City wide Environmental Outcomes (DEOs); • The Planning Strategy • Relevant constraint codes The assessment against the Local Area Plan, city wide DEOs and Planning Strategy is grouped according to the following issues topics: 792nd Council Meeting 25 August 2020 267 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• Land use (suitability of site / location / transport) • Built form and landscape character • Hydraulics • Environment
Land use (suitability of site / location / transport) The following aspects relate to land use in the context of the suitability of the site, the location and transport integration.
Guragunbah LAP Intent The intent statement sets out the purpose of the Guragunbah LAP and states: ‘The purpose of this Local Area Plan (LAP) is to provide detailed planning and management for the Merrimac/Carrara Floodplain, now known by its Aboriginal name, Guragunbah. This flood plain is of enormous importance to the City. Guragunbah provides the last significant largely undeveloped remnant of the Nerang River flood plain system. This LAP seeks to protect the hydraulic functions of the Guragunbah flood plain, while allowing limited residential, tourism and recreational development. There is also an opportunity to provide an extensive open space resource for the City which complements existing and future urban development. Existing golf courses are intended to be maintained for their open space values and outdoor recreation opportunities. Development on such land will be limited to open space and recreation uses. Higher order uses, such as urban residential development, are considered undesirable and inappropriate on such sites.’ Officer comment The intent statement includes a number of key points about the planning and management of the flood plain. Relevant to the proposal is the point that the ‘…LAP seeks to protect the hydraulic functions of the Guragunbah flood plain, while allowing limited residential, tourism and recreational development.’ A strong policy position of the LAP intent is to maintain golf courses for their open space values and outdoor recreation opportunities. The site does not involve an existing golf course and is therefore not constrained in the consideration of higher order urban development. The applicant is proposing through the preliminary approval and associated development code, a development outcome that is largely for residential development, including tourism accommodation and a range of commercial land uses to a maximum of 2000m². Development is on a pad above the designated flood level, derived from cut and fill. All future development will be accommodated on this earth fill platform, with the exception of some areas of open space. Discussion about the proposal’s performance in protecting the hydraulic function of the flood plain is provided in the following sections of this report. The intent statement does afford the opportunity for limited residential development within the Guragunbah flood plain. Urban residential development is therefore a use that can be contemplated on the site. 792nd Council Meeting 25 August 2020 268 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Guragunbah LAP Planning Measures – Conceptual land use plan The intent of the Guragunbah LAP contemplates a range of land uses. However in accommodating the possible land uses, the LAP area is not divided into formal planning precincts. Instead, the whole of the LAP is treated as a single land unit. This approach has been taken so as to respond to the major constraints to development of the floodplain. The ‘Planning measures’ for the LAP state: ‘This LAP seeks to provide for a mix of land uses, including urban residential, tourism facilities and limited local commercial uses, within an environment of predominately open space and waterbodies. Urban development is expected to be clustered, to maximise the opportunities to provide open space areas. The LAP provides for more intensive development, where this is appropriate in the context of the future strategic development of the City, to support the key regional centre at Robina and the major new public transport interchanges at Nerang and Robina Railway Stations. Guragunbah LAP Map 14.7 – Conceptual Land Use illustrates one future vision of the flood plain.’ Officer comment The following image is of the Guragunbah Local Area Plan Conceptual Land Use Map. The subject site is identified and shows that the site is mapped Tourism Built Environment, Active/Passive Recreation and Open Space Corridor. The LAP explains that these categories are intended for: Tourism – Built Environment: Resort hotels, tourist attractions, theme parks, education and interpretation centres and clubhouses, with limited ancillary resort style residential.
Active / Passive Recreation: Public and private open space used for active and passive recreation, including ancillary buildings, existing and proposed golf courses and some existing public open space.
Open Space Corridors: Open Space Corridors, including existing watercourses and core floodways. 792nd Council Meeting 25 August 2020 269 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 14: Guragunbah Conceptual Land Use Map
The Conceptual Land Use map contains a notation that explains that: ‘This Conceptual Land Use Map represents a synthesis of the constraints and opportunities identified in Local Area Plan Maps 14.2 to 14.6, along with consideration of a range of potential land uses. 792nd Council Meeting 25 August 2020 270 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
It illustrates one long-term vision of the floodplain, but considerable flexibility is provided in the Local Area Plan to facilitate other innovative development proposals which may result in a different final development form. The map notations are not defined as precise geographical boundaries, and are not related to cadastral boundaries.’ Reading this statement together with the statement relating to the ‘Planning measures’ suggests that the Guragunbah LAP: • provides for a mix of land uses; • anticipates development to be clustered to maximise opportunities to provide open space; • anticipates more intensive development where this is appropriate in the context of the future strategic development of the City to support the key regional centre of Robina and Robina Railway station; • illustrates through the Conceptual Land Use Map only one long-term vision and that considerable flexibility exists to facilitate other innovative development proposals.
While officers recognise the LAP intent for flexibility, it is officers’ opinion that this flexibility is limited to the scope of the conceptual land uses identified for a site and the location of those within the site. In respect of the subject site, conceptual land uses include Tourism – Built Environment within the northern corner of the site and Active/Passive Recreation and Open Space Corridor across the remainder of the site. In this instance flexibility may take the form of appropriate development type with the scope of higher intensity urban development contemplated for the site and the location of that within the site, subject to site constraints. The proposal incorporates vast areas of open space suitable for both active and passive recreation and open space corridors incorporating existing watercourses and floodways. These aspects of the proposal are consistent with the mapped uses contemplated for the site. The built form component of the proposal is largely for residential development and while the proposed development code includes opportunities for tourism development like Resort complexes and Short term accommodation, permanent residential development is the predominant residential form. The conceptual land use designation of Tourism – Built Environment likely reflects the existing Avica Resort facility that occupies the site and although not specifically identified as a site for mixed residential and tourism use, higher order uses are anticipated. Immediately to the west of the site is land that is characterised by low to medium density residential and intermittent commercial / retail development fronting Gooding Drive and large lot, very low density residential development on land behind, which drops into the floodplain. This development form for the most part, characterises land west of the site to the Pacific Motorway. Officers consider a continuation of this development form to be a generally acceptable alternative outcome for the site, subject to consideration of relevant site constraints. Guragunbah LAP Table of Development A: Material Change of Use
Because the LAP area is not divided into formal planning precincts, the table of development applies equally to all land within the LAP area as shown in the table reproduced as follows: 792nd Council Meeting 25 August 2020 271 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 15: Guragunbah LAP Table of Development A: Material Change of Use
Officer comment The table of development shows that the majority of uses proposed through the preliminary approval, Detached Dwelling, Apartment, Attached Dwelling and Medium Density Detached Dwellings, Resort Hotel, Shop, are either code or impact assessable. Together, the LAP Intent and Table of Development indicate an opportunity to consider a range of uses across sites within Guragunbah, with the exception of land currently forming part of an existing golf course, in which case development is considered undesirable or inappropriate. The subject site does not form part of a golf course. Having regard to its location and an acknowledgement of possible higher order uses on the site, an intensive cluster of predominantly permanent residential development is considered by officers to have merit. City wide DEO Ecol.3 The maintenance of high standards of air quality, including minimising and reducing greenhouse gas emissions. Ecol.3.1 to achieve an urban form that reduces the need to travel and minimises the length of trips, thereby minimising the emission of greenhouse gases. 792nd Council Meeting 25 August 2020 272 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Ecol.3.2 to achieve an urban form that supports the maximum use of public transport systems and non-motorised means of transit. In responding to this DEO, the applicant has stated: ‘The development proposes a compact and efficient residential neighbourhood with proximity to a range of services and facilities, open spaces and Robina Town Centre. The accessible location of the site and the travel demand measures within the Travel Demand Management Strategy (see Transport Impact Assessment) have potential to reduce greenhouse gas emissions and airborne pollutants through a reduction in cars on the road.’ Officer comment The proposal represents a compact urban development incorporating 2000m² of neighbourhood centre uses and substantial areas or active and passive open space. Merrimac State School is located immediately to the north of the site. From the proposed access location on Boowaggan Road, the site is approximately 5.4km by road to Robina Town Centre. The site is approximately 1.87km from the Pacific Motorway interchange and 2.1km to the Worongary shopping centre.
The site is not within an easy active travel distance to major employment centres, however existing bus stops are located along the frontage of the site close to the intersection with Boowaggan Road. Services using these stops connect to Robina Town Centre. SARA has provided a concurrence agency response that requires these bus stops to be upgraded.
Into the future, the site is located approximately 1.3km to the west of the future Merrimac heavy rail station, where there will be provided a park and ride facility. The Merrimac rail station is noted on Cross River Rail literature as being scheduled to open in time for the first Cross River Rail services in 2024.
The site has reasonable access to existing and future public transport systems and has the potential to advance the objective of maximising use of public transport and reduce greenhouse gases.
City wide DEO Econ.2 Enhanced employment and investment opportunities through better integration of residential and business activity, whilst protecting the residential amenity. Econ.2.3 to facilitate increased residential densities in the areas surrounding Activity Centres and Activity Clusters. In addressing this DEO the applicant has stated: ‘The proposed development will support the growth of Robina as a Key Regional Centre by helping to address a demonstrated need for additional residential dwellings in the area around the Centre. The proposal is therefore consistent with this DEO and in particular Planning Objective Econ.2.3, which seeks to facilitate increased residential densities in the areas surrounding Activity Centres.’ 792nd Council Meeting 25 August 2020 273 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Officer comment In presenting this position, the applicant submitted an assessment of the need for the proposed residential development. Council engaged an external consultant expert in need assessment to provide a peer review of the applicant’s report. The following comments provided by City officers and the peer reviewer address the applicant’s justification: • The applicant has stated that there are 13,647 approved and proposed dwellings in the defined local area. This represents an estimated 14.8 years of supply. • The applicant states that there are 34 possible development sites with a total area of 242.5ha that has the capacity to develop 3171 dwellings. This represents an estimated 3.4years of supply. • The report relies on the assessment that the defined local area has less than 20 years of identified supply of residential dwellings (being 18.2 years based on existing approved and proposed and capacity of available sites). • The report advances no argument as to why 18.2 years of supply is sufficiently inadequate to require the approval of 3000 dwellings on the subject site. • The site is located approximately 5.4km by road from Robina Town Centre. The site is located within reasonable proximity to the activity centre of Robina. This by its nature has the potential to enhance employment and investment opportunities, although the need for development in the short term based on shortfall of residential dwellings to support the activity centre has not been demonstrated. If considered in isolation and only in the context of the site’s proximity to the activity centre of Robina, officers consider that the need for the proposal has not been demonstrated.
City wide DEO Soc.2 The location and design of residential areas and support facilities to maximise accessibility to community facilities and places of employment, and to maximise opportunities for community interaction. Soc.2.1 to facilitate an efficient urban form that offers high levels of accessibility between residential areas and Activity Centres and Activity Clusters. Soc.2.2 to maximise residential densities in and around Activity Centres and Activity Clusters, where an acceptable level of amenity can be achieved. The applicant has stated the following in relation to this DEO: ‘The proposed development will help to support the growth of Robina as a Key Regional Centre (and the employment, services and facilities it provides) by helping to address a demonstrated need for additional residential dwellings in the area around the Centre (see Greenheart Gardens Response to Information Request Re: Need, prepared by Foresight Partners Pty Ltd at Enclosure 11). Utilising compact urban forms will result in a highly efficient community outcome consolidating growth with proximity to existing and proposed services, public transport and extensive areas of open space. Open spaces and pedestrian and cycle networks within and through the site will ensure that a high level of residential amenity is achieved as well as providing an 792nd Council Meeting 25 August 2020 274 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
opportunity for social interaction. The Neighbourhood Mixed Use Hub and Community Nodes proposed on the site will also support community activities.’ Officer comment If considered in isolation the subject site and proposal could be seen as fulfilling this DEO. The site is in reasonably close proximity (although well beyond a comfortable walking distance) to Robina Town Centre, it will increase densities in reasonably close proximity to the activity centre and is surrounded by open space that would present a desirable level of amenity for future residents. The site is however adjacent to Council’s Merrimac Sewage Treatment Plant and Merrimac Waste Transfer Station. The proposal includes sensitive receptors within 300m from the boundary of the Merrimac Sewage Treatment Plant and within 400-500m of various process units within the plants. These distances are not consistent with Acceptable Solution 24.1 of the Guragunbah LAP that states no residential uses are to occur within one kilometre radius of the treatment plant (AS24.1) unless further improvements to the treatment works eliminate the potential for unpleasant odour within the buffer area, or it can be demonstrated that a consistently high level of residential amenity can be maintained with regard to unpleasant odours. The application was accompanied by an odour impact assessment that considered the operation and impacts on the site from the sewage treatment plant in particular. The report stated that the EHP Guideline value of 2.5 OU (odour units) will be exceeded over a portion of the outdoor open space area, resulting in risk of odour nuisance in these areas, but that this is acceptable because impact will be limited to open space and not dwellings. Council commissioned a peer review of the report by a consultant expert the operation of sewage treatment plants and odour modelling and assessment. The peer review concluded that based upon the modelling performed and outputs produced, it remains uncertain whether the impacts will be limited to open space areas. Further modelling has been requested, but has not been provided to Council or the peer reviewer’s satisfaction. In any case, it was determined that odour impacts to open space areas will impact on the enjoyment of those areas leading to a reasonable risk of complaints about odour. Based on this review and its findings, there remains uncertainty about the extent and location of development on the site that will to ensure an acceptable level of amenity for future residents is achieved and protect the safe and optimal operation of the Merrimac Sewage Treatment Plant. Until this is resolved officers are unable to support the proposal in its current form. City wide DEO Soc.6 The provision of a safe, clean, accessible and affordable transport system that efficiently connects the various parts of the city, and offers choice and convenience for residents and visitors. Soc.6.1 to facilitate the provision of pedestrian and bicycle systems that connect residential areas to local community facilities and other transport modes in a convenient, safe and attractive manner. Soc.6.3 to develop and maintain an efficient road network. Soc.6.8 to ensure that land use patterns support planned transport infrastructure. 792nd Council Meeting 25 August 2020 275 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
In addressing this DEO the applicant has stated: ‘The street network throughout the site will be designed with active transport in mind. Streets will have a combination of dedicated cycleways and extensive pedestrian pathways to encourage the use of active transport for nearby trips to schools, retail facilities, community destinations and open spaces. A regional active transport link will connect through the site linking the future Green Heart Parkland to the south east of the site with Gooding Drive and beyond. Due to the location of the site close to two major arterial roads (Gooding Dr and Robina Parkway) the development is well suited to support Public Transport. The CoGC 2031 Transport Strategy Plan includes a light rail connection to the Robina Train station, a new station at Merrimac and a rapid bus route along Nerang Broadbeach Road, all within close proximity of the development. This Traffic Impact Assessment (TIA) (see Enclosure 13) includes a Travel Demand Management Strategy, which identifies opportunities for Greenheart Gardens to progressively implement active and public transport hard and soft infrastructure to reduce travel by car-based mode.’ Officer comment It is acknowledged that within the development, the network of streets, dedicated cycleways and extensive pedestrian pathways will facilitate alternative transport modes in a convenient, safe and attractive manner. Beyond the site however, the applicant has proposed works on the road network that officers believe will compromise pedestrian and cyclist safety.
Because of the site’s location, opportunities for viable and convenient active travel options are limited. This will result in continued reliance on the private motor vehicle that will affect the efficiency of the existing transport network.
The applicant has failed to propose works on the road network that can mitigate the impact of the proposed development and that are considered acceptable officers. The proposed development will therefore compromise the efficiency of the road network.
The Local Government Infrastructure Plan (LGIP) shows no planning for a road infrastructure upgrade at Cottesloe Drive / Robina Parkway intersection, beyond which has already been undertaken. The LGIP does provide for minor turn lane widening to some lanes at the Markeri Street / Robina Parkway intersection, currently programmed for investigation, design and construction within the 2021 to 2026 cohort. This upgrade is to address traffic growth in the network to date but does not contemplate the proposed development. Given that the proposed development traffic cannot be supported by the existing or planned transport infrastructure, the proposal does not represent an outcome that is consistent with the planning for the area.
Officers are not satisfied that viable and safe upgrades can be made within the constraints of the existing road network to accommodate future development of the site. For these reasons, officers consider that the proposal will not support the achievement of this DEO. 792nd Council Meeting 25 August 2020 276 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Flood Plain Management – Merrimac/Carrara – land use theme
Land Use Themes provide a broad indication of the type of activities and development envisaged for distinct parts of the City in order to achieve the Desired Environmental Outcomes (DEOs) and the intent of the Planning Strategy. Regard is given to the Land Use Themes as expressions of broad planning policy when considering proposals for impact assessable development that do not fully accord with applicable codes. The subject site is located within the Guragunbah (Merrimac/Carrara) Flood Plain and is subject to the Flood Plain Management – Merrimac/Carrara land use theme. The Planning Scheme states the purpose of this land use theme as: ‘The purpose of this Land Use Theme is to acknowledge the spatial dimensions of the Merrimac/Carrara Flood Plain, within which development should be managed in a sustainable manner to achieve identified engineering, environmental and social outcomes.’ Officer comment Key aspects of the planning intent of this land use theme relevant to the site and proposal are: • The Merrimac/Carrara Flood Plain is the last, significant, largely undeveloped remnant of the Nerang River flood plain system. It is identified as a special management area due to the flood prone nature of the area, the need to resolve competing demands for residential, tourism and recreational development, and the need to provide due consideration to the area's visual and ecological significance. • All development will be required to accord with the provisions of the Guragunbah LAP. • The Hydraulic Master Plan primarily ensures that development within the Merrimac/Carrara Flood Plain component of the larger Nerang River flood plain system does not disadvantage others within that system. As such, it provides the hydraulic parameters by which changes to the Merrimac/Carrara Flood Plain can be achieved without aggravating existing flooding problems. • Whilst land use planning is constrained by the need to accommodate the major flood flow paths and retardation areas, the size of most land holdings offers some flexibility in locating flow paths and storage systems, provided they are linked to optimise their flood hydraulic characteristics in the public interest. • Development within the Merrimac/Carrara Flood Plain Land Use Theme area is generally envisaged to be components of linked waterways, urban residential/tourist development and 'dry' open space networks. Areas of urban development should be clustered within the least environmentally significant locations to maximise opportunities to create large useable and/or visually prominent areas of open space and to minimise disruption to natural systems. The subject site is mapped as containing areas of core floodway, peripheral floodway and flood fringe. The applicant provided a hydraulic impact assessment report that demonstrates the hydraulic impacts of the proposal. Officers assessed this report and found that the proposal will cause a significant increase in flood level in a large area external to the site for a range of local and regional flood events as identified in the following images. 792nd Council Meeting 25 August 2020 277 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 16: 1 in 100 year regional flood event (source: applicant)
Figure 17: 1 in 100 year local flood event (source: applicant) 792nd Council Meeting 25 August 2020 278 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
In correspondence dated 23 August 2019, officers requested a redesign of the proposal to mitigate these hydraulic impacts. The applicant has failed to provide any further hydraulic assessment and on 7 May 2020, instructed Council to assess the application on the material provided. The hydraulic impacts associated with the proposed development result in disruption to the natural system of the floodplain and show that the impacts will disadvantage others within the system. The applicant has failed to demonstrate to officers’ satisfaction that the development as proposed will be managed in a sustainable manner to achieve the identified engineering outcomes. Consequently officers are of the view that the proposal does not support the planning intent of the Flood Plain Management – Merrimac/Carrara land use theme. Built form and landscape character LAP DEO 3.1 The achievement of urban development that is of a scale, form and character appropriate to the immediate local area and the intended open character of the flood plain (refer to DEO.Soc.1). In addressing aspects of scale, form and character the applicant has stated: ‘The changed proposal is for a variety of building heights ranging from 2 storeys adjacent to Gooding Drive (where the Neighbourhood Mixed Use Hub is proposed), 4 storeys on the northern and southern edges of the site and a maximum of 8 storeys in the centre of the development precinct. Building heights transition from the edges of the site to achieve an appropriate interface with adjoining uses. Buffers are also provided between the built form and sensitive land uses to provide visual separation.’ ‘The predominant land use in the area is open space in nature with pockets of detached and attached dwellings. However, there are also clusters of more intense development, as envisaged by the LAP. The Guragunbah area is punctuated by a number of key buildings and structures which form part of the character of the area and facilitate totems in the landscape and wayfinding. This includes Royal Pines, Carrara Stadium, Emerald Lakes, Cbus Super Stadium and the Rocket at Robina. In addition, the various 33 approved new developments in the local area, such as Eleve Residences (8 storeys), and Cypress Central (up to 19 storeys) to the north of the site, set a benchmark for the maintenance of existing significant views and the open landscaped character of the flood plain through inclusion of a consolidated urban form. As such, the application proposals for a compact 2-8 storey development in a landscape setting are consistent with the character of the floodplain (refer to updated Urban Context Report and updated Master Plan Report, prepared by Place Design Group for further information on the design approach).’ Officer comment The immediate local area to the site is characterised by low density residential development to the west and south west, a low rise school campus to the north east and low rise commercial complex to the north and expanses of open space beyond. Land immediately to the south is undeveloped open space and to the south east is open space associated with the Lakelands Golf Course. The proposal seeks to facilitate intensive clusters of development comprising generally multiple dwellings up to a height of eight storeys. The development clusters are located 792nd Council Meeting 25 August 2020 279 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 within the north west corner of the site adjacent to the corner of Gooding Drive and Boowaggan Road and in the south west portion adjacent to the low rise, low density residential development adjacent. The remainder of the site is open space, with the open space separating the development clusters. Council’s Office of Architecture and Heritage provided the following assessment of the scale, form and character of the proposal: ‘Building height: The proposal presents a total of 39 buildings that are mainly residential apartments across the north-west and south-west portions of the site that range in building height from 3 to 8 storeys. The proposal seeks an alternative outcome where the majority (approximately 60%) of residential apartments exceed 4 storeys and these built forms are located within distinct urban clusters on the site rather than in an open landscape setting. Although the proposal seeks to locate the tallest buildings in the centre of the site, the intense scale has a dominant and overbearing impact. The proposed building heights and the close arrangement on the development site presents an intensive scale of development that is not in keeping with the predominately open space character and significantly exceeds the desired low rise building scale of neighbouring development. The intensity of development and excessive building height of up to 8 storeys results in the buildings having a dominant appearance and impacts the view corridors and visual amenity of the open landscape. Therefore the proposal does not achieve performance criteria PC6 and does not meet the Desired Environmental Outcome 3.1. In order to meet the desired outcomes, it is recommended the building heights be limited to 1 to 4 storeys to the entire site, with lower heights around the perimeter of the site so the buildings do not dominant the tree canopy line.’ ‘Siting: The proposed arrangement of buildings in the north-west and south-west of the site and the large number that exceed 4 storeys does not reinforce the desired open space character and significantly impacts the view corridors to the coastal strip and the hinterland. Vistas and views from adjoining nearby development of the Guragunbah area will also be restricted by the intense level of proposed development. The resultant buildings will result in a dominant appearance within the landscape, and within the context of the surrounding area, and will not meet the provisions under PC8 and does not meet the Desired Environmental Outcome 3.3.
The Visual Impact Assessment Report states that no views or vistas will be compromised by the development however these findings are not fully demonstrated in the view analysis. A further assessment of the following views is enclosed:
a) View 5 – Gooding Drive 3 (adjoining Merrimac Primary School) looking south: The photomontage clearly shows a continuous outline of 4 storey buildings appearing above the tree canopy line in the background. The intensity of built form is visually prominent and significantly diminishes the open space landscape character of the area.
b) View 6 – Boowaggan Road looking west: The photomontage clearly shows two distinct clusters of medium rise apartments, with those in the foreground closest to Boowaggan Road appearing dominant, continuous and intense. The built 792nd Council Meeting 25 August 2020 280 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
forms also appear quite exposed and significantly impact the view corridors and the desired landscaped open space character.
c) View 7 – Macadie Way looking north: The photomontage clearly shows a continuous outline of apartments in the background above the existing tree canopy line. The built forms appear quite exposed and significantly impact the view corridors and the desired landscaped open space character.
d) View 8 – Signature Apartments looking south-west: The photograph has been deliberately taken from the lowest point on the site near the lake and in close proximity to the existing building that obstructs all views of subject site. The photograph should have been taken from the highest point on the site or from the existing building to show the impact to the residents.’
In relation to the above comments, Planning officers are generally satisfied that buildings up to 8 storeys (32m) are appropriate on the site. Further, it is acknowledged that the Guragunbah LAP advocates clustered development surrounded by open space and doesn’t necessarily require development within an open landscaped setting and therefore the building form is generally supported. Notwithstanding, the LAP acknowledges that Guragunbah has a distinctive open landscape character and will ultimately comprise a mix of urban residential development within a predominant environment of open space. While the proposal contains vast areas of open space, development is clustered towards the road frontages and property boundaries and therefore from most public vantage points, the built form is likely to dominate. Although planning officers support building heights up to 8 storeys (32m) it is agreed that the location and distribution of heights requires further consideration. This includes the appropriate heights of buildings adjacent to the road frontages and the location of the tallest buildings, which officers consider need to be further within the site. Due to the predominant dwelling type, the location of development within the site and the distribution of building height, it is considered that the development in its current form will result in a built form intensity unlike that of the immediate surrounding development and therefore does not achieve an appropriate built form or promote an open character of the flood plain. Because the applicant instructed Council to decide the application in its current form, these aspects, which currently do not support the DEO, have not been further considered LAP DEO 3.3 The maintenance of existing significant views and enhancement of the visual quality and landscape character of the flood plain, with significant open space areas located so that they are visible from the Pacific Highway, Gold Coast City Railway and other major transport routes (refer to DEO.Ecol.1). DEO 3.3 recognises important views within the LAP area and seeks to maintain such views and enhance the visual quality and landscape character of the flood plain. Guragunbah Local Area Plan Map 14.3 (Open Space) identifies significant view sheds within the LAP area including that of significant open space areas which are viewable from the Pacific Highway, Gold Coast City Railway and other major transport routes. The following is an extract of that plan and shows that the site is not within any significant 792nd Council Meeting 25 August 2020 281 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 view sheds to be considered.
Subject site
Figure 18: Extract of Guragunbah Local Area Plan Map 14.3 (Open Space)
In respect of the subject site, the important aspect of the DEO 3.3 to address is the ‘…enhancement of the visual quality and landscape character of the flood plain…’
In this regard, the applicant has responded with the following:
‘Whilst it is acknowledged that there will be a change to visual appearance of the site, it is not considered that the development will have a significant, or unacceptable impact on visual amenity. The updated Visual Impact Assessment, prepared by Place Design Group assesses the impact of the potential built form. The Assessment confirms that the impacts of the proposed development are limited or low and will result in no significant loss of visual amenity in the area around the subject site. It also demonstrates that at a City wide level the proposed development will be compatible with the scale and character of existing residential development areas within the Guragunbah floodplain context.’ Officer comment The site is not identified within one of the significant view sheds nominated on Local Area Plan Map 14.3. Therefore, while planning officers consider that the proposal will have an impact on the open space character of the floodplain at a local context level as described in the assessment against LAP DEO 3.2, it is accepted that the proposal will not have an unreasonable impact on significant views to the detriment of the visual quality and landscape character of the flood plain. City wide DEO SOC.1 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. Soc.1.2 to protect and enhance the visual value of significant landscape features, including open space and recreation areas, within both the built and natural areas of the City, as characteristics contributing to the distinctive form of the city. 792nd Council Meeting 25 August 2020 282 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Soc.1.3 to achieve a built form which highlights the basic structural elements of the City's development pattern and maintains clarity in character between the various component parts. Soc.1.4 to ensure that new development promotes a high standard of urban design which contributes to the attractiveness and efficient functioning of the City's built environment and which reflects the values and aspirations of local communities. In addressing this DEO the applicant has stated: ‘The proposal will maintain the flood plain character by protecting the hydraulic functions of the site and retaining a predominantly open space character. The compact development footprint is approximately 18.2 hectares, which represents just 24% of the site, thus delivering a small cluster of low to medium rise development within a landscape setting, which is consistent with the form of development envisaged in the Guragunbah area. The proposal will provide a strong sense of place and connections to a vital environmental and conservation area adjoining the future Green Heart parklands. The built form will provide way finding and a contextual edge to the Green Heart, whilst other buildings within the development will provide internal nodes and guide people through the development.’ Officer comment Soc.1.2 seeks to protect and enhance visual values as a characteristic contributing to the distinctive form of the City. The visual impact assessment provided by the applicant identifies that a development consistent with outcomes of the proposed development code will in officers’ opinion have a visual impact on the surrounding area. The proposal in its current form is not considered to achieve this objective. The proposed development will result in a clustered development surrounded by open space. This is consistent with one of the planning measures contemplated by the Guragunbah LAP for flood plain development and therefore achieves one of the structural elements of the City’s built environment consistent with Soc1.3. However, given the proposed location of the development and distribution of building heights in relation to the site frontage and interface with the surrounding areas, the proposal is not considered by officers to promote a standard of urban design that contributes to the attractiveness and efficient functioning of the City's built environment. Because of this factor, officers are of the view that the proposal in its current form does not conserve and enhance the local character and the promotion of a distinct local identity and sense of place of the local community and therefore does not achieve the DEO. Because the applicant instructed Council to decide the application in its current form, these aspects have not been further considered. Hydraulics LAP DEO 3.2 The optimisation of opportunities for urban development, consistent with the environmental capacity of the land and the continuing functioning of the flood plain (refer to DEO.Soc.7). 792nd Council Meeting 25 August 2020 283 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Officer comment Hydraulic analysis shows that approximately 66ha of the 75ha site is flood affected by the Nerang River system with a designated flood level of 4.35m AHD. The average ground level is approximately 1.2m AHD, meaning the average flood depth over the site is approximately 3.15m during a 1% AEP (1 in 100 year) regional flood event. Officers are of the view that the applicant has not demonstrated the achievement of this LAP DEO and associated City wide DEO and planning objectives because the report shows significant hydraulic impact in a vast area external to the site during a range of regional and local flood events. In correspondence dated 23 August 2019, officers requested a redesign of the proposal to mitigate these hydraulic impacts. The applicant has failed to provide any further hydraulic assessment and 7 May 2020, instructed Council to assess the application on the material provided. As the applicant has failed to demonstrate the continuing function of the floodplain, officers consider that the proposal in its current form compromises the achievement of this DEO. City wide DEO Ecol.2.1 The protection of natural drainage catchments, river systems and other waterbodies to maintain the ecological values and functions of the ecosystems and health of the human communities that they support, and to enhance their value for maintenance of flora and fauna, recreation and other uses. Ecol.2.1 to maintain the integrity of the individual drainage catchment areas, as shown on the River Catchments and Landform Map (Planning Strategy Map PS2), by minimising disturbance to existing landforms, surface drainage, watercourses and groundwater movement. Ecol.2.2 to ensure, where changes are made to drainage systems, that stormwater runoff is discharged into appropriate treatment areas prior to discharge into the stream, river and estuarine waters of the City. Ecol.2.5 to retain an effective and functional buffer of endemic riparian vegetation to natural waterways, and to facilitate its rehabilitation where it has been degraded by previous land uses. In responding to this DEO, the applicant has stated: ‘The Hydraulic Impact Assessment, Conceptual Stormwater Management Plan, SQID Maintenance Management Plan and Lake and Groundwater Management Plan, prepared by Burchills Engineering Solutions address water quality and ensure that the environmental values of natural drainage catchments, river systems and other waterbodies will be protected and, where possible, enhanced or rehabilitated.’
Officer comment Council’s Hydraulic Assessment and Environmental Assessment officers have reviewed the hydraulic impact assessment, stormwater management plan, lake and groundwater quality management plan and impacts on natural waterways. Comments arising from this assessment include: 792nd Council Meeting 25 August 2020 284 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Floodplain management: As previously discussed, the submitted hydraulic impact assessment report shows significant adverse hydraulic impact to varying degrees external to the site due to the proposed development for a range of regional and local flood events. Further requested information has not been provided to demonstrate the proposal’s ability to maintain the integrity of the drainage catchments and management of the flood plain. Stormwater management: The submitted stormwater management plan proposes five wetlands to treat runoff from roads. No description of stormwater treatment has been provided for the proposed lots. Officers consider the response to stormwater management to be inadequate for the following reasons: • The report has proposed a wetland system for treatment of stormwater runoff from roads only. • The constructed wetlands that will treat stormwater from public roads are proposed to be maintained within private ownership. Council does not accept public assets discharging into private property. • A series of lakes is proposed that will be retained in private ownership. The stormwater from the public roads and associated treatment systems are proposed to discharge to these lakes. Council does not accept public assets discharging into private property. • The report has not demonstrated how stormwater runoff from individual lots will be conveyed to the lawful point of discharge without interaction with the road drainage system. • Pre and post development flow has not been adequately modelled. Lake and groundwater quality management: The lake and groundwater quality management plan, identifies that the lakes will not be tidally connected and a mechanical system has been proposed for water quality management. Council officers have concerns about water quality of constructed freshwater lakes. The submitted lake and groundwater quality management approach presented in the report is inadequate due to the following reasons: • The submitted report shows some water quality parameters (e.g. pH, DO, TN, TP, TSS etc.) of the lake currently exceed its trigger value. Council is not supportive of any lake as part of a development where water quality objectives cannot be achieved. • Water Quality Objectives of the lake have not been identified clearly in the report. • It has not been demonstrated how the proposed lakes will be prevented from pollution of external stormwater runoff to maintain its water quality objectives. • The average residence time of the lake water appears to be 20 days which is not acceptable to Council. Council’s policy requires the residence time to be less than 14 days. • The mixing and stagnant zones of the lake have not been identified and demonstrated how flushing of the stagnant zones (if there are any) will be achieved to maintain its water quality objectives. • No detailed maintenance costing (e.g. inspection, monitoring, treatment, rectification, contingency measures etc.) or financial assurances for maintenance for the life of the 792nd Council Meeting 25 August 2020 285 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
development and, if required, the cost of decommissioning have been included in the report. Based on the information provided officers are of the opinion that the applicant has not adequately demonstrated that future development of the site will maintain the integrity of the Guargunbah Floodplain and ensure that stormwater runoff is discharged into appropriate treatment areas prior to discharge into the stream, river and estuarine waters of the City. The proposal conflicts with objectives Ecol.2.1 and Ecol.2.2. Natural waterways: Proposed earthworks plan indicates that the almost all the site will be subject to either cut or fill to achieve the required flood immunity and maintain floodplain storage. This includes significant earthworks that alter current hydraulic flows and wetland regimes, the realignment of water courses and the removal of wetland complexes. Due to the works required the proposal will not retain an effective and functional buffer of endemic riparian vegetation to natural waterways. The proposal therefore conflicts with objective Ecol.2.5 City wide DEO SOC.7 The location and design of development to minimise the potential risk to life and property from known natural hazards. Soc.7.1 to ensure that development is located away from areas where the risk to life and property from the impact of natural hazards is unacceptable, in terms of either the likely cost of damage or the measures needed to effectively mitigate the risk. Soc.7.2 to ensure that development is designed to mitigate the risk to life and property from known natural hazards. Soc.7.3 to facilitate cost effective counter disaster and emergency procedures. In addressing this DEO the applicant has stated: ‘The specialist reports which have been submitted to support the application demonstrate that the proposed development will mitigate all flood and coastal hazard risks associated with developing the site. The identified urban land use areas will achieve flood immunity. The stormwater management infrastructure that will be constructed to manage runoff within the development will assist in preventing the impact of natural disasters on the developed portion of the site. The stormwater infrastructure will additionally ensure that the impact on the natural waterways within the development are managed and impacts created by natural disasters mitigated.’
Officer comment This City wide DEO is linked to LAP DEO 3.2 that has been discussed. By way of a summary, officers are of the view that the applicant has not demonstrated the achievement of this DEO because the submitted hydraulic reports show significant hydraulic impact in a vast area external to the site during a range of regional and local flood events. 792nd Council Meeting 25 August 2020 286 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Environment LAP DEO 3.4 The rehabilitation of existing degraded water environments within the region to replicate natural ecosystems that are appropriate to flood plain areas, (refer to DEO.Ecol.2). Officer comment
The habitat restoration strategy (HRS) seeks to enhance habitat connectivity between core ecological areas. Surveys found the site’s wetlands and watercourses to be in a highly degraded condition due to historical land use for agricultural purposes. The HRS makes recommendations for a site-wide restoration program with a detailed Waterways and Restoration Plan to be prepared at detailed design stage. Wetland habitat, in accordance with pre-clearing Regional Ecosystems, are to be provided for the wallum froglet Crinia tinnula, black-neck stork Ephippiorhynchus asiaticus and other significant wetland species.
Existing waterways are to be re-shaped and re-planted to achieve natural flows and riparian functions with the objective of creating and enhancing habitat for riparian and wetland fauna.
The Restoration strategy seeks to restore a 31.4 ha network of environmental wetlands and watercourses. Officers are generally satisfied that the proposal will involve appropriate rehabilitation of degraded and disturbed water environments. City wide DEO Ecol.1 The conservation of areas containing native vegetation of international, national, state, regional or local significance, and of other natural ecosystems, to ensure maintenance of the city's biodiversity and natural landscape values. Ecol.1.8 to rehabilitate degraded habitat areas that are of ecological significance. Officer comment Of particular conservation significance on the site is the area adjacent to Woody Hill that contains habitat for a returning breeding pair of white-bellied sea eagles, a species identified as highly susceptible to human disturbance. The restoration zones identified for the site within the Habitat restoration strategy indicate areas to be restored to specific Regional Ecosystems. The extent and depth of cut required across the site, raise the question as to whether the proposed restoration of RE’s are able to achieved at this topographical level. This question applies particularly to the rehabilitation areas around Woody Hill and Little Woody Hill. The depth of cut required may not facilitate favourable conditions, appropriate topographical levels for hydrology and horticultural conditions, required for establishment of species from the pre-clearing RE.
Officers are of the view that the extent of earthworks proposed adjacent to this area of high conservation significance will not ensure the maintenance of the City’s biodiversity and natural landscape value that exists within this part of the site and therefore compromises DEO Ecol1. 792nd Council Meeting 25 August 2020 287 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Summary of LAP, City wide DEOs and Planning Strategy Assessment of the proposal against these aspects of the planning Scheme has identified the following: • The Guragunbah LAP affords the opportunity for limited residential development within the Guragunbah flood plain. Urban residential development is therefore a use that can be contemplated on the site. • The site is mapped on the Guragunbah LAP Map 14.7 – Conceptual Land Use, for the purposes of Tourism – Built Environment, Active/ Passive Recreation and Open Space Corridors. Higher order urban development in combination with open space is contemplated on the site. • The site has reasonable access to existing and future public transport systems and has the potential to advance the objective of maximising use of public transport and reduce greenhouse gases. • If considered in isolation and only in the context of the site’s proximity to the activity centre of Robina, officers consider that the need for the proposal has not been demonstrated. • There is a reasonable risk that the development may lead to odour complaints due to its proximity to the Merrimac Sewage Treatment Plant. Officers are of the view that modelling to date has not adequately demonstrated that an acceptable level of amenity for future residents will be achieved. Without further accurate modelling, officers are unable to establish if the proposed layout of development involving the residential use is appropriate. • The development will result in the continued reliance on the private motor vehicle that will affect the efficiency of the existing transport network. • Viable and safe upgrades cannot be made within the constraints of the existing road network to accommodate future development of the site. • The hydraulic impacts associated with the proposed development result in disruption to the natural system of the floodplain and show that the impacts will disadvantage others within the system. The applicant has failed to demonstrate to officers’ satisfaction that the development as proposed will be managed in a sustainable manner to achieve the identified engineering outcomes. • Due to the predominant dwelling type, the location of development within the site and the distribution of building height, it is considered that the development in its current form will result in a built form character unlike that of the immediate surrounding development and therefore does not achieve an appropriate built form character. • The current arrangement of heights and distribution of built form impact on the proposal’s ability to enhance the visual quality and landscape character of the flood plain. • The proposal in its current form shows significant hydraulic impact in a vast area external to the site during a range of regional and local flood events. • The applicant has failed to demonstrate the continuing hydraulic function of the floodplain. • The applicant has not adequately demonstrated that future development of the site will maintain the integrity of the Guargunbah Floodplain and ensure that stormwater runoff is discharged into appropriate treatment areas prior to discharge into the stream, river and estuarine waters of the City. • The applicant has not adequately demonstrated that the extent of earthworks proposed adjacent to areas of high conservation significance will ensure the 792nd Council Meeting 25 August 2020 288 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
maintenance of the City’s biodiversity and natural landscape value.
6.2.1 Overlay codes
The site is affected by a number of overlay codes including: • Gold Coast Airport and Aviation facilities • Bushfire Management Areas • Natural Wetland Areas and Natural Waterlays Code • Flood Affected Areas • Nature Conservation Code The following is a summary of the proposal’s compliance with the relevant associated constraint codes: Gold Coast Airport and Aviation facilities This code is related to Overlay Map OM8b – Gold Coast Airport – PANS-OPS Surface. The purpose of this code particularly in relation to OM8b, is to ensure that buildings and other structures do not exceed the maximum allowable height within the area designated as the airport’s ‘prescribed airspace’. The proposal does not involve buildings or structures that will exceed the height applicable to the site and therefore complies with the code. Bushfire Management Areas This code is related to Overlay Map OM10 – Potential Bushfire Hazard. This code seeks to regulate development occurring in Potential Bushfire Hazard Areas through land use and development practices that ensure appropriate fire mitigation measures are adopted to protect life and property from bushfires. Reference to the overlay map shows that the site has some scattered small pockets of low potential bushfire hazard within the northern central portion of the site. In order to construct the development pad to accommodate future development of the site an earthworks plan has been provided that shows that the mapped area of the site will be subject to cut and fill and therefore vegetation associated with the hazard rating will be removed. The masterplan shows the final intent of the mapped area to be formalised active and passive open space and lakes. Officers are satisfied that if approved, future development on the site will not be subject to the mapped bushfire potential. Natural Wetland Areas and Natural Waterlays This code is related to Overlay Map OM11 – Natural Wetland and Waterway Areas. This code seeks to ensure the long term protection, enhancement and management of natural waterways and wetlands for their ecological, fishery, shore line and bank stabilisation, hydrogeological, open space, recreational, environmental, scientific and cultural value. 792nd Council Meeting 25 August 2020 289 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The Natural Wetland Areas and Natural Waterways Code is applicable due to the presence of the wetlands, riparian vegetation communities, the natural waterway of Gin House Creek, and tributaries of Mudgeeraba Creek and Bonogin Creek. The submitted layout indicates that the waterway will be substantially altered with wetland vegetation removed to facilitate the development and no buffer to the ecologically significant features proposed. The applicant has failed to adequately address: a PC2 of the NWANWC requires ecologically significant areas be protected and maintained. The removal of wetland vegetation, construction and location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. The proposal does not ensure that appropriate hydraulic flows are continued from an ecological perspective to facilitate conservation and protection of all waterways and wetland communities.
b PC8 requires buffers to be provided incorporating development setbacks of dimensions that will ensure that the development does not result in a negative impact upon the long-term viability of ecologically significant areas located on or adjacent to the site. Buffers are required to all ecologically significant areas identified on OM11 including the waterway of Gin House Creek, southern boundary of the site and with particular reference to onsite wetlands located near the centre of the site. These have not been incorporated.
c PC10 requires management arrangements for ecologically significant areas and buffers to enable the ecological values and functions of these areas to be maintained. The applicant has not addressed the buffers for ecologically significant areas as detailed above. Buffers for the preservation and conservation of ecological values of the site are to be incorporated within the long term solutions for management of open space on the site.
The submitted proposal does not address or support the retention of the wetland complexes, natural waterway of Gin House Creek or tributaries of Mudgeeraba Creek and Boobegan Creek and therefore as currently proposed does not comply with the code. It is acknowledged that current application material shows that the majority of the site will be subject to either cut or fill and that this will affect the ability to retain the waterway and wetland values on the site. Officers also acknowledge that cut and fill will be required should the development proceed and that impacts will be inevitable, however the extend of the current impact is not supported as achieving the purpose of the code. Flood Affected Areas This code is related to Overlay Map OM17 – Natural Hazard (Flood) Management Areas. The purpose of this code is to ensure that, where premises within flood affected areas are to be developed, adequate measures are taken to: • ensure that the development does not cause, or have the cumulative potential to cause, real damage (as defined below); and • provide standards for development in these areas that will ensure that the runoff from land and/or premises does not create any adverse environmental impacts. 792nd Council Meeting 25 August 2020 290 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The site is identified as mostly flood affected and therefore assessment against the Flood Affected Areas Code is required. The proposal is considered to conflict with the following aspects of the code:
PERFORMANCE APPLICANT’S COMMENTS CRITERIA RESPONSES PC1 Flood storage volume The applicant has proposed All development activity is maintained on site up excavation within existing wetlands conducted on land to the designated flood and low lying areas to create flood below the designated level (4.35mAHD) storage. The excavated areas appear flood level must not to have been considered for on-site detrimentally affect the stormwater detention. Therefore, flood storage capacity adequate information has not been of the catchment and provided regarding maintenance of the drainage regime. flood storage capacity of the site. PC4 No obstruction is made Obstruction to the free passage of Building work must not to open surface flow of local stormwater through the property provide obstructions to stormwater through the is not envisaged. However, the the free passage of site. proposal causes obstruction to the stormwater through a flow of regional catchments (e.g. property. Mudgeeraba, Worongary etc.) PC5 Refer to Hydraulic A hydraulic impact assessment report Development in flood Impact Assessment has been submitted. However, the affected areas must not Report – No alterations report shows significant increase of cause, or have the have been made to flood level (more than 100mm) cumulative potential to existing flood hazard external to the site. cause, real damage, categorisation levels must not increase the and evacuation routes level of risk to life, or be are available. to the detriment of flood evacuation procedures. PC6 AS6.1 AS6.1 Development with Refer to hydraulic The applicant has proposed plans for earthworks in impact assessment excavation within existing wetlands a floodplain on or over report appendices – and low lying areas to create flood a water body or within conceptual earthworks storage. The excavated areas appear a flood affected area design to have been considered for on-site below the Designated stormwater detention. Therefore, Flood Level must allow AS6.2 adequate information has not been for the maintenance of A hydraulic impact provided regarding maintenance of flood storage, and flood assessment report has flood storage capacity of the site. conveyance of flood been prepared by and drainage channels Burchills Engineering AS6.2 and overland flow Solutions by a suitably A hydraulic impact assessment report paths. qualified Registered has been submitted. However, the Professional Engineer report shows significant increase of of Queensland (RPEQ) flood level (more than 100mm) addressing a)-c) of external to the site. AO6.2 792nd Council Meeting 25 August 2020 291 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
PC10 Access to the site is The applicant has proposed access All proposed available during events locations in Gooding Drive and development must less than the DFL yet Boowaggan Road. The access from demonstrate that has some minor road Gooding Drive is flood free while that sufficient access or inundation during the from Boowaggan Road is not. The egress will be available DFL event. Access to evacuation route from Boowaggan to enable evacuation the area is still Road is extremely hazardous during during a range of trafficable however with 100 year ARI flood events. This floods, up to and 200mm or less of access point will be used for Stage 1 including the inundation over the while the Gooding Drive second designated flood. access route. The access will be constructed at the final velocity at which this stage. Hence, the development will depth contains is low have no flood free access until the therefore is categorised entire site is development. as low hazard. PC11 Flood hazards are A hydraulic impact assessment report Any change to ground reported on in the has been submitted. However, report level, by way of filling, Hydraulic Impact shows significant increase of flood excavation or Assessment Report. No level (more than 100mm) external to contouring, must not unreasonable change the site. result in real damage, has occurred in the flood hazard or exposure to flood impediment to any hazards. Counter Disaster Plan, measure or create unreasonable change in the exposure to flood hazard. PC13 Landscaping design No details have been provided in the Landscaping must not has been cognisant to submitted hydraulic impact impede a natural not create impedance assessment report about landscaping watercourse, a flood in a natural requirements and its consideration in channel or an overland watercourse, a flood the hydraulic model. flow path. channel, flood storage or an overland flow path. Officers consider that the proposal fails to demonstrate compliance with the Flood Affected Areas Code to the extent of a significant conflict. Nature Conservation Code This code is related to Overlay Map OM20 – Conservation Strategy Plan. The site is mapped as containing remnant vegetation and therefore the Nature Conservation Code is applicable. The purpose of this code is to ensure that development occurring within the City is consistent with and contributes to the achievement of the City wide conservation objectives. In particular, this code seeks to ensure that development contributes to the protection and enhancement of a viable nature conservation network, thereby ensuring the long term 792nd Council Meeting 25 August 2020 292 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 protection and maintenance of the City's species and ecosystem biological diversity, for its environmental, scientific, educational, social, cultural and economic values. The proposal is considered to conflict with the following aspects of the code:
PERFORMANCE CRITERIA Applicant’s responses Comments
PC5 The proposed development The removal of wetland does not occur within any vegetation, construction and Ecologically significant areas identified ecologically proposed location of the must be protected and significant area. development does not maintained. support the protection or The adoption of industry best maintenance of wetlands, practice as identified in the aquatic or riparian management plans which will communities. Impacts to guide this development will native vegetation located ensure that ecologically near Woody Hill and Little significant areas adjacent to Woody Hill, and potential the development are not impacts to White-bellied Sea- impacted. eagle nest tree are not in keeping with the protection of this ecologically significant area.
PC7 The rehabilitation of the PC7 requires unimpeded riparian and wetland areas movement of fauna within Unimpeded movement of on the site will maintain and and through the site and fauna within and through the enhance fauna movement along designated ecological site and along designated and connectivity through the corridors be facilitated. The ecological corridors must be site. Management of proposal does not facilitated. movement of fauna through demonstrate how movement the site will be addressed in of wetland or amphibian the Fauna Management Plan species can be facilitated at the detailed design stage. throughout the site.
PC8 Adequate buffers (minimum PC8 requires buffers to be 100m) have been provided to ensure viability of Buffers must be provided to provisioned between the the values and functions of ensure viability of the values building footprints and ecologically significant areas and functions of ecologically ecologically significant areas and natural reserves. No significant areas and natural (Woody Hill and Sea Eagle buffers are currently reserves. Nest). The restoration of the proposed to the rehabilitated buffer areas will enhance Wetland. their ecological function. This matter is further detailed in the Sea Eagle Management Plan (SMP) and the Habitat Restoration Strategy. 792nd Council Meeting 25 August 2020 293 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
PC10 The rehabilitated areas will PC10 requests management be protected as Private Open arrangements facilitate the Management arrangements Space under a Statutory conservation of ecologically must facilitate the Covenant. They will provide significant areas, ecological conservation and protection for passive recreation corridors and buffers. The of ecologically significant opportunities and allow applicant has not addressed areas, ecological corridors access to Green Heart the long term solutions for and buffers. Reserve. the site by providing buffers for the preservation and conservation of ecological values of the site. The management of public open space areas must incorporate required defined buffers for the conservation of significant ecological features. No public open space is proposed.
Officers consider that the proposal on the information provided fails to demonstrate compliance with the Nature Conservation Code to the extent of a conflict. 6.2.2 Specific Development Codes • Change to Ground Level and creation of New Waterbodies Change to Ground Level and creation of New Waterbodies This code is relevant to the assessment of development of sites identified on the following Overlay maps: • OM14 – Acid Sulfate Soils Hazard Areas Acid Sulfate Soils Proposed works are required to 0.6m AHD across the site, with lakes to be excavated to -2m AHD. Existing site levels are approximately 1m AHD.
An Acid Sulfate Soils (ASS) investigation was submitted that indicated that 274 samples were taken from the site with Actual Acid Sulphate Soils (AASS) and Potential Acid Sulphate Soils (PASS) likely to be encountered in some soil horizons. Investigation showed that management of ASS is required, including validation testing and control of all water discharge. The report noted extreme results below 2m depth warrant further investigation. Officers are satisfied that specific management measures for potential acid soils can be appropriately addressed as part of a future development application should the proposal progress to this point. 6.2.3 Assessment against Priority Infrastructure Plan Council’s Priority Infrastructure Plan (PIP) identifies the scale, type, timing and location of growth within the City to plan for future trunk infrastructure. The subject site is identified within the Priority Infrastructure Plan (PIP) of the Planning Scheme 2003. 792nd Council Meeting 25 August 2020 294 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The subject site is identified within Councils Priority Infrastructure Plan as “Green Heart Investigation Area”.
Figure 19: Priority Infrastructure Plan (PIP) shows the entire site as Trunk Infrastructure
Under the PIP L23 SP178025 is to be dedicated as Trunk Park with the exception of 3ha which is the location of the Avica Wedding Centre Area. No part of the site is proposed by the applicant to be dedicated as Trunk Park. The Local Government Infrastructure Plan (LGIP) identifies; • LR_066 - Local Recreation Park at 12 Ha • DR_023 - District Recreation Park at 41.32 Ha
Figure 20: Local Government Infrastructure Plan (LGIP) 792nd Council Meeting 25 August 2020 295 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Again, no part of the site consistent with the LGIP is proposed to be dedicated as Trunk Park.
6.3 City Plan
Council has the ability pursuant to section 317 of SPA to give weight to a planning instrument, code, law or policy that came into effect after the application was made, but before the application went into decision. At the time of lodgement the City Plan was in draft form, however by the time the application entered decision stage (24 March 2018) City Plan Version 4 had commenced (3 July 2017), meaning weight may be given to this document.
The following is an assessment of the application against the City Plan.
6.3.1 Assessment against the Strategic framework The strategic framework requires balanced consideration of the provisions to best achieve the purpose and objectives of the City Plan. The strategic framework sets the policy direction for the City Plan and has a planning horizon of 2031.
This Policy direction is structured in the following way: a The strategic intent describes the planning vision for the Gold Coast over the coming decades; in particular, what our city will look like and how it will function, potential for major development over the next 20 years and areas for growth and protection. b The following six city shaping themes play an important role in shaping future growth and managing change across the city, and collectively represent the policy intent of the City Plan:
i Creating liveable places;
ii Making modern centres;
iii Strengthening and diversifying the economy;
iv Improving transport outcomes;
v Living with nature; and
vi A safe, well designed city. c Strategic outcomes for each theme. d Elements that refine and further describe the strategic outcomes. e Specific outcomes sought for each of the elements.
Strategic intent The strategic intent flows through to the themes (strategic outcomes), elements (specific outcomes) and applicable codes. The strategic intent is achieved through assessment against these outcomes. 792nd Council Meeting 25 August 2020 296 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Theme/s and Elements The following is an assessment of the application against the relevant theme/s and elements of the strategic framework identified in the table below:
Theme/s Related element Maps 3.3.5 – Merrimac / Carrara Strategic framework map 1 – Creating liveable places flood plain management designated urban area areas • Urban area Making modern centres Not applicable Strategic framework map 2 – Strengthening and Not applicable settlement pattern diversifying the economy • Merrimac Carrara Flood Improving transport 3.6.4 – Transport system plain – special outcomes efficiency management area 3.7.3 – Green space network Strategic framework map 4 – Living with nature Greenspace network 3.7.5 – Coastal, wetland and watercourse areas • Merrimac Carrara Flood plain – special 3.8.2 – Landscape management area character A safe, well designed city 3.8.7 – Natural hazard
Officers have undertaken an assessment against the Themes and Elements of the Strategic framework and consider the outcomes identified below to be the most relevant to the assessment of the Preliminary Approval.
The assessment has grouped the applicable Themes and Elements according to the following issues.
• Land use /built form • Hydraulics impacts • Traffic and transport • Open space and landscape character • Environmental harm
Land use / built form Strategic outcome 3.3.1 (2) (Theme – Creating liveable places)
(2) The Gold Coast’s settlement pattern provides housing choices and diverse lifestyle opportunities in mixed use centres and specialist centres, neighbourhood centres, urban neighbourhoods, suburban neighbourhoods, new communities, and rural 792nd Council Meeting 25 August 2020 297 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
residential and township areas. Limited opportunities also exist in the Merrimac/Carrara flood plain special management area.
Strategic outcome 3.3.1 (13) (Theme – Creating liveable places)
(13) The Merrimac/Carrara flood plain special management area retains its appearance as a significant, largely undeveloped remnant of the Nerang River flood plain system. Limited opportunities for low-to-medium intensity, low-to-medium rise residential and tourism related development exist in the least flood affected and environmentally sensitive areas.
Specific outcomes 3.3.5.1 (1), (4) and (5) (Element – Merrimac / Carrara flood plain special management area)
(1) Clustered areas of urban residential and some tourism-related development occur in the least flood affected and environmentally sensitive areas of the Merrimac/Carrara flood plain special management area. Development minimises disruption to natural systems and maximises opportunities to create visually prominent green space.
(4) Residential and tourist accommodation development includes a mix of housing types within a low to medium-rise, low to medium intensity environment. Some pockets retain a rural residential character consistent with surrounding land.
(5) Mixed residential/tourism areas contain a mix of housing and tourist accommodation and facilities such as hotels and small-scale attractions or recreational uses. Other tourism development accommodates hotels, resorts and attractions and open areas for passive and active recreational uses.
Officer comment The proposal is considered to present aspects of both consistency (to varying degrees) and conflict with respect to these outcomes. Strategic outcome 3.3.1(2) states that there exists limited opportunities for housing within the Merrimac/Carrara flood plain special management area.
Strategic outcome 3.3.1 (13) goes on to say that limited opportunities for low-to-medium intensity, low-to-medium rise residential and tourism related development exist in the least flood affected and environmentally sensitive areas. These strategic outcomes are reiterated in specific outcomes for the Merrimac/Carrara flood plain special management area, with the added intent for development to be clustered within the least flood affected and environmentally sensitive areas.
The Merrimac/Carrara flood plain special management area is identified on Conceptual land use map 10. Development outcomes within the Merrimac/Carrara flood plain special management are subject to detailed site based investigations, and guided by the development intent identified on Conceptual Land Use Map 10: Merrimac/Carrara Flood Plain Special Management Area. 792nd Council Meeting 25 August 2020 298 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The proposal seeks to establish 3000 dwellings over a total site area of 75.95ha in a development form up to eight storeys. While development will be clustered within a footprint occupying approximately 18.2ha, when calculated over the whole site area a residential density of approximately 39.5 dwellings per hectare results. At the height and density proposed, officers are satisfied that this represents a form, intensity and scale (height), anticipated for the flood plain as a whole.
Development outcomes for the flood plain are to be guided by the development intent identified on the conceptual land use map (CLUM) and detailed site based investigations. The CLUM shows the planning intent for the site as containing elements of Tourism – built development, Active/passive recreation and open space corridor.
The proposal consists of clustered development set within both active and passive open space, including restored areas of waterways and ecological corridors. These basic elements of the proposal are consistent with the planning intent. The CLUM identifies the site as a location for Tourism – built development, as opposed to mixed residential. This designation is identified within the northern portion of the site, consistent with the existing resort use located on the site and therefore officers suspect that this designation reflects the current use on the site. The CLUM recognises that the site is suitable for an intensive form of development and while the proposal is not predominantly for tourism development, it does represent a intensive urban form.
Despite this non-compliance, officers are satisfied that the use, subject to complying with other aspects of the Strategic framework, on balance represents an alternative use of the site that can be supported.
Hydraulic impacts Strategic outcome 3.3.1 (13) (Theme – Creating liveable places)
(13) The Merrimac/Carrara flood plain special management area retains its appearance as a significant, largely undeveloped remnant of the Nerang River flood plain system. Limited opportunities for low-to-medium intensity, low-to-medium rise residential and tourism related development exist in the least flood affected and environmentally sensitive areas.
Specific outcome 3.3.5.1 (1), (2)(a),(c),(d),(e) and (f), (6)(c) (Element - Merrimac / Carrara flood plain special management area)
(1) Clustered areas of urban residential and some tourism-related development occur in the least flood affected and environmentally sensitive areas of the Merrimac/Carrara flood plain special management area. Development minimises disruption to natural systems and maximises opportunities to create visually prominent green space. (2) Development in the Merrimac/Carrara flood plain special management area only occurs if it: 792nd Council Meeting 25 August 2020 299 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
(a) maintains (or improves) the existing hydraulic and hydrological regime of the land, including flood storage, and accommodates major flood flow paths and retardation areas;
(c) achieves safe access to permanent residential uses during times of flood;
(d) places no unacceptable risks to life or property on-site, downstream or upstream;
(e) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities; and
(f) for major developments or where significant earthworks are proposed, improves the existing hydraulic and hydrological regime of the land and delivers a net community benefit by lessening the risks to life or property downstream or upstream.
(6) The layout and design of the Merrimac/Carrara flood plain special management area:
(c) responds to opportunities and constraints both on site and from the surrounding locality, including ecological and hydrological functions and corridors, topography, scenic amenity and landscape features, natural hazards and other factors;
Specific outcome 3.7.3.1 (4) (Element – Green space network)
(4) The Merrimac/Carrara flood plain special management area provides essential flood management functions and a continuous green space network that provides for:
(a) major sport and recreation uses and other community facilities;
(b) pedestrian and cycle networks;
(c) environmental education and interpretation;
(d) ecological restoration and environmental management;
(e) water quality; and
(f) flood resilience.
Specific outcome 3.7.5.1 (6), (7) and (11) (Element – Coastal, wetland and watercourse areas)
(6) Water quality and quantity in all catchments is maintained to support water body health and biodiversity, and support compatible water-based leisure opportunities.
(7) The integrity of catchment areas is maintained in natural landscape areas, rural production areas and rural residential areas. Disturbance to existing landforms, ecological features, surface drainage, watercourses and groundwater movement is avoided or minimised. Water is used and managed as part of a total water cycle in which: 792nd Council Meeting 25 August 2020 300 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
(a) natural drainage regimes and hydrological processes are maintained as far as possible;
(b) ecosystem health and water quality is protected or enhanced;
(11) The flood prone nature of the Merrimac/Carrara flood plain special management area is managed to accommodate major flood flow paths and retardation areas and is used for stormwater quality management. Development is limited to clusters of urban uses within the least flood affected and environmentally sensitive areas.
Strategic outcome 3.8.1 (14) (Theme – A safe, well designed city)
(14) Greater resilience to the impacts from natural hazards is achieved by managing and minimising risks in susceptible areas. Some parts of the city are unsuitable for development due to the extent of natural hazard affectation.
Specific outcome 3.8.7.1 (1) and (2)(a)(c) (Element – Natural hazard)
(1) Development avoids natural hazard areas where the risk to life and property, the likely cost of damage, or the measures needed to effectively mitigate the risk are unacceptable. Natural hazards include bushfire, flooding, landslide and coastal risks.
(2) Development in natural hazard areas only occurs if it:
(a) is located, designed and managed to mitigate the risk to life and property;
(c) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities.
Officer comment
The site has an average flood depth of approximately 3 metres during a 1% AEP (1 in 100 year) regional flood event and is therefore not considered to be within a least flood affected area of the flood plain. However, the proposal places all development above the defined flood level on a pad created by cut and fill and therefore effectively mitigates the risk to life or property on-site, consistent relevant specific outcomes.
However, based on the current application material, the applicant has failed to demonstrate that the proposal:
• achieves safe access to permanent residential uses during times of flood; • places no unacceptable risks to life or property downstream or upstream as modelling shows significant hydraulic impact (increase in flood level by more than 100mm) in vast areas external to the site during a range of regional and local flood events; • minimises disturbance to existing landforms, ecological features, surface drainage, watercourses and groundwater movement; • protects or enhances ecosystem health and water quality, particularly in relation to the stormwater management and the inclusion of large freshwater lakes that accept large external flows that introduces a significant risk of poor water quality; and 792nd Council Meeting 25 August 2020 301 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• achieves acceptable outcomes for ecological restoration and environmental management.
Council officers requested further information to address these outstanding matters. The further information requested by officers has not been provided and therefore insufficient information exists to properly assess the impacts of the proposal.
Given the extent of flooding impacts currently identified and uncertainty around the outcomes or the ecological restoration and environmental management, officers consider that the proposal is not consistent with the Strategic framework and this in relation to flooding risk and resilience.
Traffic and Transport
Strategic outcomes 3.6.1 (1) and (5) (Theme – Improving transport outcomes)
(1) Transport networks and land use are integrated to increase accessibility and connectivity across the city, reduce the cost of congestion and impacts on productivity, and provide convenient alternatives to private car use.
(5) Direct, safe, pleasant and comfortable walking and cycling environments connect to local attractions and services.
Specific outcome 3.6.4 (4) (Element – Transport system efficiency)
(4) Development does not compromise the function of existing and future transport corridors, including roads, public transport and active transport corridors.
Officer comment
In responding to transport outcomes:
• The site is located in reasonably close proximity to Robina Town Centre, although not by means of active transport. • The applicant proposes various works on the local external road network to mitigate the impact of the proposed development. • Two vehicle access points are proposed on either frontage to Boowaggan Road and Gooding Drive. Officers consider that the proposal will result in limited achievement of Strategic framework transport outcomes because:
• The site is not within close proximity to Robin Town Centre by means of active transport and therefore may result in limited reduction in congestion. • Reliance on private car use will result in increased congestion and associated cost and impacts on productivity; and • The road works required within the local road network to accommodate the development are unable to fit within the existing road corridor without compromising design standards, and pedestrian and cyclist safety, thereby compromising the function of the existing and future transport corridor. 792nd Council Meeting 25 August 2020 302 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Open space and landscape character
Strategic outcome 3.3.1 (13) (Theme – Creating liveable places)
(13) The Merrimac/Carrara flood plain special management area retains its appearance as a significant, largely undeveloped remnant of the Nerang River flood plain system. Limited opportunities for low-to-medium intensity, low-to-medium rise residential and tourism related development exist in the least flood affected and environmentally sensitive areas.
Specific outcome 3.3.5.1 (1) and (3) (Element – Merrimac / Carrara flood plain special management area) (1) Clustered areas of urban residential and some tourism-related development occur in the least flood affected and environmentally sensitive areas of the Merrimac/Carrara flood plain special management area. Development minimises disruption to natural systems and maximises opportunities to create visually prominent green space.
(3) A continuous green space system remains visible from the city’s major transport routes and supports pedestrian and cycle networks, active and passive recreation areas, and other community facilities.
Specific outcome 3.7.3.1 (1)(d) ( Element – Green space network)
(1) The diverse green space network provides for recreation, community wellbeing, biodiversity, scenic amenity, water catchment management, cultural heritage, tourism, education and research. It includes:
(d) the Merrimac/Carrara floodplain special management area.
Strategic outcome 3.8.1 (1) (Theme – A safe, well designed city)
(1) Areas of landscape character that contribute to the city’s unique landscape and built form are identified and protected.
Specific outcome 3.8.2.1 (2)(o) (Element – Landscape character)
(2) The city’s natural, non-urbanised appearance is protected for its contribution to the city’s outstanding scenic amenity, image and role as a major tourist destination.
The city’s significant natural features include:
(o) Merrimac/Carrara floodplain special management area.
Officer comment
Assessment of the proposal against the open space and landscape character aspects of the Strategic framework found: • The proposed development will result in a clustered development surrounded by open space consistent with a desired outcome for the Merrimac/Carrara flood plain management area; 792nd Council Meeting 25 August 2020 303 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• The proposed site layout clusters development close to the road frontages and the western site boundary. It is considered that the current arrangement of heights and distribution of built form will impact on the proposal’s opportunity to create visually prominent green space that is viewable from public vantage points. • The development will require significant disruption to natural systems. The removal of wetland vegetation, construction and proposed location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. Impacts to native vegetation located near Woody Hill and Little Woody Hill, and potential impacts to White-bellied Sea-eagle nest tree are not in keeping with the protection of this ecologically significant area. The ability to restore ecologically significant areas to respond to biodiversity, water catchment management and cultural heritage are currently unknown.
The proposed development will be of a form that is generally contemplated within the flood plain and proposes the rehabilitation of the large areas of the site for both ecological and open space purposes. However the siting of development and the arrangement of heights has the ability is likely to have a negative impact on the predominantly non-urbanised appearance of the Merrimac/Carrara floodplain and landscape character that contributes to the city’s unique landscape. While the proposal has both positive and negative impacts in responding to open space and landscape character, officers consider that when considered in combination with other important flood plain objectives, the proposal on balance cannot be supported. Environmental harm
Strategic outcome 3.8.1 (13) (Theme – A safe, well designed city)
(13) Residential and other sensitive uses are located away from areas that could cause environmental harm or nuisance from emissions or other impacts.
Specific outcome 3.8.6.1 (5)(a) (Element – Environmental health and amenity)
(5) Existing or planned sensitive uses do not unreasonably constrain or adversely impact on the safe and optimal operation of existing and planned strategic infrastructure sites and corridors that are important to the efficient functioning of the city or region. Strategic infrastructure sites and corridors include:
(a) essential public services and facilities, such as water and wastewater treatment plants, major electricity infrastructure, landfill sites, emergency facilities and hospitals.
Officer comment
The site is identified on the Industry, community infrastructure and agriculture interface area overlay map – map 10, as being partially within the interface area of the Merrimac Sewerage Treatment Plant. 792nd Council Meeting 25 August 2020 304 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The extent of the interface area places the entire site and consequently any future dwellings (sensitive uses) in proximity to the sewerage treatment plant that could cause environmental harm to future residents and constrain the optimal operation of the existing facility.
The applicant prepared a report analysing and addressing the odour impacts from the sewerage treatment plant (STP). Water and Waste identified technical deficiencies with the reporting that has failed to demonstrate that the future operations of the STP will not have an adverse amenity impact on future residents that could constrain and adversely impact the safe and optimal operation of the existing and planned infrastructure.
Officers are of the view that this represents a significant non-compliance with the Strategic framework that cannot be supported.
Summary of the Strategic framework
Assessment of the proposal against the Strategic framework has identified the following:
• The proposal represents a clustered development form consistent with the intent for the Merrimac / Carrara flood plain special management area; • Gross residential density is calculated at around 39.5 dwellings per hectare which represents a low to medium level of intensity of development consistent with the Merrimac / Carrara flood plain special management area; • The proposal includes buildings up to a height of eight storeys that is consistent with a low to medium rise building typology anticipated within the Merrimac / Carrara flood plain special management area; • The CLUM shows the planning intent for the site being Tourism – built development, Active/passive recreation and open space corridor. Residential and local convenience commercial are not expressly consistent with the intent for the site, however the planning intent does identify that higher intensity urban development is contemplated on the site and residential and limited commercial is seen as appropriate alternative land uses; • The proposed site layout clusters development close to the road frontages and the western site boundary. The current arrangement of heights and distribution of built form will impact on the proposal’s opportunity to create visually prominent green space that is viewable from public vantage points; • The development will require significant disruption to natural systems. The removal of wetland vegetation, construction and proposed location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. • Impacts to native vegetation are not in keeping with the protection of this ecologically significant area. The ability to restore ecologically significant areas to respond to biodiversity, water catchment management and cultural heritage are currently unknown. • Application material indicates that the proposal would result in adverse flood impacts external to the site for a range of regional and local flood events inconsistent with the Strategic framework in relation to flooding risk and resilience; • The flooding impacts will adversely affect the ability of the flood plain to provide an essential flood management; 792nd Council Meeting 25 August 2020 305 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• The site is in close proximity to the Merrimac Sewage Treatment Plant and the proposal has not adequately demonstrated that sensitive uses are located away from areas that could cause environmental harm or nuisance from emissions or other impacts; • The applicant has not demonstrated that housing future residents on the site will not constrain and adversely impact the safe and optimal operation of the Merrimac Sewage Treatment Plant; • At around 2.8km to Robina station and 3.44km to Robina Town Centre, the site is considered beyond a comfortable active travel distance to local attractions and services; • Reliance on private car use will result in increased congestion and associated cost and impacts on productivity;
• The road works required within the local road network to accommodate the development are unable to fit within the existing road corridor without compromising design standards, and pedestrian and cyclist safety, thereby compromising the function of the existing and future transport corridor. Officers recognise that the proposal contains aspects of compliance and conflict to varying degrees with the Strategic framework.
However, given the identified conflicts related to hydraulic impacts, traffic and environmental harm, officers consider that on balance the nature and extent of the non-compliances posed by the proposal warrant refusal of the application.
5.3.2 Assessment against the codes Under the City Plan, compliance with a code can be achieved by either compliance with the purpose and overall outcomes of the code, or, compliance with either the performance outcomes or acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the performance and overall outcomes generally qualitative and performance based.
The following is an assessment of the application against the applicable codes of the City Plan identified in the table below:
Zone code Overlay codes Development codes • Limited development • Acid sulfate soils overlay The following codes are (constrained land) zone code adopted in the proposed code • Airport environs overlay development code as code assessment benchmarks • Bushfire hazard overlay Use codes code • Caretaker’s • Dwelling house overlay accommodation code; code • Child care centre code; • Environmental significance • Commercial design code; overlay code • Dual occupancy code; • Flood overlay code • Dwelling unit code; 792nd Council Meeting 25 August 2020 306 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Zone code Overlay codes Development codes • Industry, community • Home based business infrastructure and code; agriculture land interface • Market and temporary area overlay code use code; • Landslide hazard overlay • Sales office code; and code • Secondary dwelling code; Other development codes • Change to ground level and creation of new waterways code; • Driveways and vehicular crossings code; • General development provisions code; • Healthy waters code; • Landscape work code; • Reconfiguring a lot code • Solid waste management code; • Transport code • Vegetation management code; and • Works for infrastructure code
The following code is being modified by the proposed development code • Multiple accommodation code
6.3.2.1 Assessment against the zone code
The proposal has been assessed against the Limited development (constrained land) zone code.
Because the proposal is for a Preliminary approval overriding the planning scheme, assessment against the code has been limited to the Purpose and Overall Outcomes.
The purpose of the Limited development (constrained land) zone code is to: 792nd Council Meeting 25 August 2020 307 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
(1) The purpose of the Limited development (constrained land) zone code is to identify land known to be significantly affected by one or more development constraints (such as flooding). Such constraints limit the ability to fully develop the land. (2) The purpose of the code will be achieved through the following overall outcomes: (a) Development in the Merrimac/Carrara flood plain special management area only occurs if it: (i) maintains (or improves) the existing hydraulic and hydrological regime of the land, including flood storage, and accommodates major flood flow paths and retardation areas; (ii) achieves safe access to permanent residential uses during times of flood; (iii) places no unacceptable risks to life or property on-site, down-stream or up- stream; (iv) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities; and (v) is for major developments or where significant earthworks are proposed, it improves the existing hydraulic and hydrological regime of the land and delivers a net community benefit by lessening the risks to life or property down-stream or up-stream. (b) Development outcomes within the Merrimac/Carrara flood plain special management area will be subject to detailed site based investigations and guided by the development intent identified on Conceptual land use map 10 – Merrimac/Carrara flood plain special management area. (c) The layout and design of the Merrimac/Carrara flood plain special management area: (i) contributes to the development of safe, healthy and cohesive communities that reduce social isolation and promote community wellbeing; (ii) includes an interconnected system of streets and open spaces that provide pleasant and comfortable walking and cycling environments and support public transport; (iii) responds to opportunities and constraints both on site and from the surrounding locality, including ecological and hydrological functions and corridors, topography, scenic amenity and landscape features, natural hazards and other factors; (iv) orientates streets and lots to support energy efficient design; (v) enables the efficient development of adjoining land and does not accelerate, place or shift unreasonable costs of infrastructure to adjoining properties, such as recreation facilities, stormwater management facilities, roads and bridges; and 792nd Council Meeting 25 August 2020 308 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
(vi) achieves a high standard of urban design and safety, with dwellings and other buildings appropriately addressing all road frontages. (d) Land uses – (i) include limited opportunities for low-to-medium intensity, low-to-medium rise residential and tourism related activities in the: (A) least flood affected; (B) least environmentally sensitive areas; and (C) guided by Conceptual land use map 10 – Merrimac/Carrara flood plain special management area; and (ii) that include neighbourhood centres, are consistent with the Strategic framework. (e) Character consists of – (i) a continuous green space area made up of largely undeveloped land with clusters of urban residential and some tourism-related development occurring in the least flood affected and least environmentally sensitive areas of the Merrimac/Carrara flood plain special management area (f) Built form – (i) is low-to-medium intensity, low-to-medium rise in accordance with Conceptual land use map 10 – Merrimac/Carrara flood plain special management area; (ii) including building heights and residential densities will vary across the Merrimac/Carrara floodplain, where complying with all flooding and environmental objectives for the special management area; (iii) minimises disruption to natural systems and maximises opportunities to create visually prominent green space; (iv) is site responsive to address constraints; and (v) is of a scale that is not visually dominant on the landscape. (g) Lot design – (i) supports the limited development nature of the zone. Officer comment
Officers acknowledge that the proposal is consistent to varying degree to the following aspects of the Limited development (constrained land) zone:
• Proposes a built for that is low-to-medium intensity and low-to-medium rise; and • Is of a scale that is consistent with the Conceptual land use map 10 – Merrimac/Carrara flood plain special management area, although requires some variation in the distribution of heights so that it is not visually dominant on the landscape. 792nd Council Meeting 25 August 2020 309 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
However, officers consider that the proposal is not consistent with the Limited development (constrained land) zone because:
• The site is located in the Merrimac/Carrara flood plain special management area and the proposed development does not maintain (or improve) the existing hydraulic regime of the land; • It is for a major development and does not deliver a net community benefit by lessening the risks to life or property down-stream or up-stream; • The proposal does not adequately respond to the flooding constraints of the site; • The proposal is not located within the least flood affected land of the Merrimac/Carrara flood plain special management area; and • The proposal does not respond to constraints resulting from its proximity to the Merrimac Sewage Treatment Plant.
Based on the above, the proposal is not considered to comply with the Purpose or the following overall outcomes of the Limited development (constrained land) zone:
• Overall outcome 2(a)(i) - Limited development (constrained land) zone • Overall outcome 2(a)(v) - Limited development (constrained land) zone • Overall outcome 2(c)(iii) - Limited development (constrained land) zone • Overall outcome 2(d)(i) - Limited development (constrained land) zone • Overall outcome 2(f)(iii) - Limited development (constrained land) zone
As discussed earlier the proposal is also considered to result in non-compliances with the Strategic framework. These non-compliances with the Limited development (constrained land) zone are further reasons that officers recommend refusal of the application.
5.3.2.2 Assessment against the overlay code
The proposal has been assessed against the following overlay codes:
• Acid sulfate soils overlay code • Airport environs overlay code • Bushfire hazard overlay code • Dwelling house overlay code • Environmental significance overlay code • Flood overlay code • Industry, community infrastructure and agriculture land interface area overlay code
Given the application involves a preliminary approval assessment of the proposal against the overlay codes has been limited to the Purpose and overall outcomes of the codes. Assessment in relation to each of these codes has determined: Acid sulfate soils overlay code An acid sulfate soil investigation has found that the existing natural soils at the site contain levels of naturally occurring acid sulphate soils. 792nd Council Meeting 25 August 2020 310 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Officers are satisfied that specific management measures for potential acid soils can be appropriately addressed as part of a future development application should the proposal progress to this point. As such officers are satisfied that future development can occur on the site consistent with the Purpose of the code. Airport environs overlay code
The purpose of this code is to regulate development that may affect the operational efficiency of the Gold Coast Airport and related aviation activities. In relation to the site, the code seeks to ensure that buildings and other structures do not exceed the maximum allowable height within the area designated as the airport’s ‘prescribed airspace’. The proposal does not involve buildings or structures that will exceed the height applicable to the site and therefore complies with the code.
Bushfire hazard overlay code
The purpose of the Bushfire hazard overlay is to ensure that risk to life, property and the environment as a result of bushfire is mitigated to an acceptable or tolerable level. The site contains some areas mapped as medium bushfire hazard. This is located within an area of the site that will contain earthworks for cut and fill balance. If the proposal were to be approved and proceed the vegetation contributing to the mapped bushfire risk will be removed. Officers are satisfied that the proposal could occur consistent with the purpose of the code. Environmental significance overlay code
The purpose of the Environmental significance overlay code is to identify and protect matters of environmental significance and ensure that development is consistent with, and contributes to, the achievement of the objectives of the Nature Conservation Strategy. As discussed earlier the development will require significant disruption to natural systems. The removal of wetland vegetation, construction and proposed location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. Impacts to native vegetation located near Woody Hill and Little Woody Hill, and potential impacts to White-bellied Sea-eagle nest tree are not in keeping with the protection of this ecologically significant area. The ability to restore ecologically significant areas to respond to biodiversity, water catchment management and cultural heritage are currently unknown. Based on proposed restoration and management strategies officers are not satisfied that the proposal will protect matters of environmental significant consistent with the nature Conservation Strategy and therefore are of the view that the proposal does not achieve the purpose of the code and should be refused. Flood overlay code
The Purpose of the Flood overlay code is to regulate development occurring in flood affected areas to ensure development does not cause, increase or have cumulative potential to cause or increase, the risks and/or hazards associated with flooding.
As discussed earlier in this report, the proposal is identified as causing increased flooding impacts contrary to the Strategic framework and zone code. This non-compliance is 792nd Council Meeting 25 August 2020 311 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 repeated for the Flood overlay code and therefore officers recommend the application be refused.
Industry, community infrastructure and agriculture land interface area overlay code
The entire site is identified on the Industry, community infrastructure and agricultural land interface area overlay map – map 10, as being within the interface area of the Merrimac Sewage Treatment Plant.
The purpose of this code as it relates to the site is to manage development that may have an adverse impact on the current and future viability of community infrastructure, in this case the Merrimac Sewage Treatment Plant.
Current odour assessment reporting by the applicant has failed to demonstrate that the proposed development can occur without compromising the current or future operations of the existing and planned infrastructure.
Officers are of the view that this represents a significant non-compliance with the code that cannot be supported.
Landslide hazard overlay code
The purpose of this code is to deal with areas of land identified in the local government area as having landslide potential. Relevant to the site and the proposal, it applies to development that increases the number of people living and working in the natural hazard management area.
The site is identified as containing a discrete area of moderate landslide hazard approximately within the centre of the site. The proposed development cade shows that this portion of the site will be located within an open space precinct with any development well removed from this location. Earthworks plans also show that this portion of the site is within as area to be cut, meaning the potential landslide hazard is likely to be mitigated through construction.
Because the development will not be increasing the number of people living and working on this portion of the site, officers are satisfied that the proposal meets the purpose of the code.
5.3.2.3 Assessment against development codes Use codes
The preliminary approval and the proposed Greenheart Gardens Development Code seek to facilitate a range of land uses. Based on these land uses, the following use codes apply. Although the application was lodged under the 2003 Planning Scheme, the applicant acknowledged that by the time the application was decided, City Plan will have commenced and so has referenced the City Plan codes:
• Caretaker’s accommodation code; • Child care centre code; • Commercial design code; 792nd Council Meeting 25 August 2020 312 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
• Dual occupancy code; • Dwelling unit code; • Home based business code; • Market and temporary use code; • Sales office code; and • Secondary dwelling code;
The proposed development code has included each of the above codes in their entirety as assessment benchmarks for future applications, except for the Multiple accommodation code that has been incorporated into the POs and AOs of the development code.
A review of the development code has determined that proposed POs and AOs relating to built form outcomes for multiple dwellings are insufficient and therefore if the development was to proceed, officers would recommend adoption of the Multiple accommodation code as an assessment benchmark, or otherwise amendment of the Greenheart Gardens Development Code.
A copy of the Greenheart Gardens Development Code is included as an attachment to this report.
Other development codes
The following Other development codes have been adopted as assessment benchmarks as part of the Greenheart Gardens Development Code.
• Change to ground level and creation of new waterways code; • Driveways and vehicular crossings code; • General development provisions code; • Healthy waters code; • Landscape work code; • Reconfiguring a lot code • Solid waste management code; • Transport code • Vegetation management code; and • Works for infrastructure code
The proposed development code has included each of the above codes in their entirety as assessment benchmarks for future applications relating to material change of use, reconfiguring a lot or operational works made in accordance with the code.
This approach to the format of the development code is supported by officers.
6 PROPOSED DRAFT CITY PLAN AMENDMENTS
No weight has been given to the proposed City Plan amendments as part of the assessment of this application. The subject application was submitted to Council on 25 May 2015 and entered the decision making period on 24 March 2018. The City Plan versions 4 to 7 have 792nd Council Meeting 25 August 2020 313 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1 been the planning schemes in effect for the entirety of the assessment of the proposed development. Pursuant to the draft City Plan amendment the subject site remains in the Limited development (constrained land) zone. No specific amendments have been identified for the Limited development (constrained land) zone code.
Subject site
Figure 21: Zoning map – City Plan major update 2 and 3
7 INFRASTRUCTURE CHARGES
Infrastructure charges are not applicable to this application as it is for a preliminary approval.
8 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE DEVELOPMENT
The proposal does not trigger assessment against any assessment benchmarks for another local government area materially affected by the development. 792nd Council Meeting 25 August 2020 314 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
9 REFERRALS
9.1 Internal referrals A number of matters remain unresolved and these were put to the applicant in correspondence dated 23 August 2019. However the applicant has requested the application be decided on the information currently provided. The following table includes comments from internal experts that have not been included in the assessment carried out in earlier sections of this report. It identifies if there are outstanding issues and where possible what reasonable steps, including conditions that can be taken to resolve the concerns.
Internal referral Conditions/Comments (if not included within report) area
Comments Building height: The proposal presents a total of 39 buildings that are mainly residential apartments across the north-west and south- west portions of the site that range in building height from 3 to 8 storeys. The proposal seeks an alternative outcome where the majority (approximately 60%) of residential apartments exceed 4 storeys and these built forms are located within distinct urban clusters on the site rather than in an open landscape setting. Although the proposal seeks to locate the tallest buildings in the centre of the site, the intense scale has a dominant and overbearing impact. The proposed building heights and the close arrangement on the development site presents an intensive scale of development that is not in keeping with the predominately open space character and significantly exceeds the desired low rise building scale of Office of Architecture neighbouring development. The intensity of development and and Heritage excessive building height of up to 8 storeys results in the buildings having a dominant appearance and impacts the view corridors and visual amenity of the open landscape. Therefore the proposal does not achieve performance criteria PC6 and does not meet the Desired Environmental Outcome 3.1. In order to meet the desired outcomes, it is recommended the building heights be limited to 1 to 4 storeys to the entire site, with lower heights around the perimeter of the site so the buildings do not dominant the tree canopy line. Siting: The proposed arrangement of buildings in the north-west and south-west of the site and the large number that exceed 4 storeys does not reinforce the desired open space character and significantly impacts the view corridors to the coastal strip and the hinterland. Vistas and views from adjoining nearby development of the Guragunbah area will also be restricted by the intense level of proposed development. The resultant buildings will result in a dominant appearance within the landscape, and within the context 792nd Council Meeting 25 August 2020 315 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
of the surrounding area, and will not meet the provisions under PC8 and does not meet the Desired Environmental Outcome 3.3. Visual appearance of buildings: The proposed plan of development documents and accompanying images show the intent for buildings to have an appropriate degree of architectural and urban design through modulated and articulated forms. However the examples projects shown in the Master Plan Report and the Urban Context Report show medium rise developments that do not meet the desired outcomes and should be removed. As stated in the documents, no specific building designs have been submitted and further criteria on building appearance, design and amenity are recommended to be incorporated. Recommendation: Based on the current built form, the Office of Architecture and Heritage recommends that the application should be refused. Planning officer comment: Planning officers agree that the predominant dwelling type, the location of development within the site and the distribution of building height, will result in a built form unlike that of the immediate surrounding development and therefore does not achieve an appropriate built form character. While the proposal contains vast areas of open space, development is clustered towards the road frontages and property boundaries and therefore from most public vantage points, the built form is likely to dominate. Planning officers support a building height of up to 8 storeys (32m) given its consistency with City Plan that anticipates low to medium rise development within the Merrimac/Carrara flood plain special management area on the basis that height is distributed and varied across the site in order to achieve the visual amenity objectives of both planning instruments. However for the reasons given, planning officers do not support the proposal based on the current distribution of those heights within the site.
Comments Environmental assessment has recommended that the proposal should be refused because: • The proposal’s impacts to Areas of High Conservation and Moderate Conservation (Matters of Local Environmental Environmental Significance) are of an unacceptable scale. Assessment • The proposal does not support the purpose of the Natural Wetland Areas and Natural Waterways constraint code Part 7 Division 3 Chapter 9 ensuring long term protection, enhancing and managing waterways and wetlands. • The proposal does not support the purpose of the Nature Conservation constraint code Part 7 Division 3 Chapter 10 or contribute to achieving the conservation objectives of the Nature 792nd Council Meeting 25 August 2020 316 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
conservation strategy 1998
Comments Health and Regulatory Services reviewed the proposed development code and noted that suitable POs and AOs relating to Health and waste management and amenity protection were not included. Regulatory Services Specific POs and AOs were provided to the applicant. An amended development code submitted by the applicant now includes POs and AOs related to waste management and amenity protection as requested.
Comments The Table of Development relating to landscape work has been reviewed and is considered acceptable as it does not differ significantly in its effect from that in the 2003 Planning Scheme and the City Plan. The submitted code has been examined with regard to landscaping and it is considered that the code is lacking in this area. The landscaping requirements of the Guragunbah LAP Code are not adequately reflected or addressed in the code; additionally, the landscaping requirements which should be associated with a Landscape development of this scale and intensity are not considered to be Assessment contained within the code. Given that the type of development proposed is significantly different to what is envisaged by the Guragunbah LAP Code or the Limited Development (Constrained Land) Code, it is considered that simply replicating the landscaping requirements of those codes in the applicant’s code is not sufficient in this instance. Site specific landscaping elements are recommended for inclusion in the code. With proposed changes to the code to strengthen the landscape requirements, Landscape Assessment supports the proposal. Conditions • Amended plans – amendments to development code.
Comments • The proposal does not provide any public open space within the site. Open Space • The proposal does not dedicate any waterways, wetlands, Assessment buffers or public open space to Council. • The proposal does not provide the requirements for Trunk Infrastructure identified under the PIP as well as the City Plan LGIP. 792nd Council Meeting 25 August 2020 317 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Open Space Assessment has recommended that the application be refused.
Comments • The applicant has not addressed concerns relating to the level of assessment for Bar and Hotel. • The proposed POD has not provided any provisions in relation to hours of operation for non-residential land uses. Social Planning • The Social and health impact assessment code (SHIA) should be for all impact assessable land uses in the code. A number of uses that would usually trigger this code are listed as coded assessable in the proposed POD. Conditions • Amended plans – amendments to development code.
Comments The applicant has proposed various works on the external road network to mitigate the impact of the proposed development. These works include: • Modifications to the Robina Parkway / Markeri Street intersection to accommodate a new western leg to allow access the proposed development. • An additional 180 metre long southbound through-lane on the northern leg of the Robina Parkway / Markeri Street intersection. Transport • A significant increase in the length of the existing dual Assessment northbound right turn lanes on Robina Parkway into Markeri Street. • An additional (third) travel lane in both directions on Robina Parkway between Markeri Street and Cheltenham Drive. • Extensions to a number of turning lanes at the Robina Parkway / Cheltenham Drive intersection. • An additional 150 metre long northbound through-lane on the southern leg of the Robina Parkway / Cheltenham Drive intersection. • An additional 250 metre long southbound exit-lane on the southern leg of the Robina Parkway / Cheltenham Drive 792nd Council Meeting 25 August 2020 318 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
intersection. • An additional northbound approach lane on the southern leg of the Cheltenham Drive / Robina Town Centre Drive intersection. Transport and Traffic Branch has reviewed the material submitted by the applicant including the Traffic Impact Assessment report, Strategic Transport Modelling and proposed road work design drawings. Based on this review, officers are unable to support the development application for the following reasons: • Some of the proposed works cannot fit within the existing road corridor without reducing verge widths. The verge widths proposed in some locations are inadequate. • Some of the proposed works are not designed to an acceptable standard or do not reflect current best practice. • Some of the proposed works will require relocation or introduction of retaining wall structures that represent a significant cost to the applicant. Detailed designs have not been provided by the applicant to give Council officers assurance that these works are feasible. • Some of the proposed works will compromise pedestrian or cyclist safety. • The applicant has proposed centre median and traffic island widths which, in some cases, will not be adequate to accommodate the required signal hardware or will require removal of pedestrian crossing facilities. • The signal phasing proposed at the Robina Parkway / Markeri Street intersection is not acceptable. Assessment of the proposal against the 2003 Planning Scheme and City Plan has identified non-compliances with both documents to the extent that the proposal is not supported.
Comments • Due to the proximity of the proposed development to the Merrimac STP, the residual deficiencies within the Odour Impact assessment report, the Green Heart Gardens Master Water and Waste Plan layout and Water and Waste’s understanding of the Merrimac Treatment Plant, the proposal is incompatible with the safe and optimal operation of the Merrimac STP. Given these factors, the proposal is not supported and it is recommended that the application be refused.
9.2 External referrals The application was referred to the following external agency(s): 792nd Council Meeting 25 August 2020 319 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
9.2.1 Concurrence agency(s) • SARA of the Department of State Development, Manufacturing, Infrastructure and Planning.
The development application was referred to the department under the following provisions of the Sustainable planning Regulation 2009:
o Schedule 7, Table 3, Item 1 – State-controlled roads o Schedule 7, Table 3, Item 2 – State-transport infrastructure o Schedule 7, Table 3, Item 10 – Clearing vegetation. By letter dated 5 July 2019, the Department advised that it supported the proposal subject to conditions.
The concurrence agency response forms an attachment to this report.
10 PUBLIC NOTIFICATION
10.1 Overview In response to public notification:
• Ten properly made submission/s were received, all of which are objections to the application; and
• Four submission/s were received that were not properly made. All are objections to the application.
The location of the submitters who made properly made submissions is shown on the map below 792nd Council Meeting 25 August 2020 320 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Figure 22: Map of properly made submissions *Note: The above map shows only properly made submissions from the general locality. Submissions made by groups or commercial entities removed from the location could not be depicted. Not properly made submissions (4 of) could not be plotted as no was address given. 10.2 Compliance with public notification requirements
The applicant has submitted a notice of compliance stating public notification has been completed in accordance with the requirements of the Development Assessment Rules under the Planning Act 2016.
Council has reviewed the public notification material and considers the applicant has complied with the requirements of the Development Assessment Rules.
10.3 Matters raised in submissions
The matters raised by submitters who made a properly made submission or a submission that has been accepted by the assessment manager are discussed below.
Matters Officer’s comment
Building height The application was lodged and advertised with building heights up to 30 storeys. The suburb of Merrimac is generally low rise one and two storey dwellings. Buildings up Following the public notification period and to 30 storeys are entirely inconsistent with review of submissions, the applicant 792nd Council Meeting 25 August 2020 321 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
this existing built form. changed the application and reduced the maximum building height to 8 storeys. Of interest, a number of submissions stated that a maximum building height up to 8 storeys would be more appropriate. While recognised that this does not represent the position of all submitters, it does to some extent highlight some acceptance for dwellings other than the predominant one and two storeys attached and detached dwellings.
Dwelling numbers The application was lodged with 5000 dwellings, but reduced to 4000 dwellings in The establishment of 4000 dwellings is response to the information request and inappropriate on the site. subsequently notified with this number. In response to submissions, the applicant as part of their change to the application reduced this further to 3000 dwellings. Because of the clustered nature of the development, the proposed number of dwellings may present as an intense built form. However when considered in the context of the entire site, as is contemplated by the Guragunbah LAP, a site density of 39.5 dwellings per hectare results. This density is in keeping with densities anticipated in the Guragunbah area.
Flooding Hydraulic analysis shows that approximately 66ha of the 75ha site is flood affected by the The site sits within a significant floodway Nerang River system with a designated and redevelopment of the site will flood level of 4.35m AHD. The average significantly impact flooding. ground level is approximately 1.2m AHD, meaning the average flood depth over the site is approximately 3.15m during a 1% AEP (1 in 100 year) regional flood event. The hydraulic assessment shows significant hydraulic impact as a result of the development in a vast area external to the site during a range of regional and local flood events. As discussed throughout this report, the applicant has not provided any further 792nd Council Meeting 25 August 2020 322 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
hydraulic assessment and has failed to demonstrate an acceptable hydraulic outcome. This is central to officers’ recommendation that the application should be refused.
Traffic congestion and safety Officers acknowledge that the proposal will result in increased traffic. The applicant has The proposal will result significant traffic proposed various works on the external impacts relating to both congestion and road network to mitigate the impact of the safety. proposed development. These have been previously highlighted. Based on this review, officers are unable to support the development application for the reason that • Some of the proposed works cannot fit within the existing road corridor without reducing verge widths. Some of the proposed works are not designed to an acceptable standard or do not reflect current best practice. • Some of the proposed works will require relocation or introduction of substantial retaining wall structures. Detailed designs have not been provided by the applicant to give Council officers assurance that these works are feasible. • Some of the proposed works will compromise pedestrian or cyclist safety. • The applicant has proposed centre median and traffic island widths which, in some cases, will not be adequate to accommodate the required signal hardware or will require removal of pedestrian crossing facilities. • The signal phasing proposed at the Robina Parkway / Markeri Street intersection is not acceptable. Based on the questionable feasibility of the works proposed to mitigate the traffic impacts, officers recommend that the proposal should be refused.
Loss of character At the time of public notification the proposal 792nd Council Meeting 25 August 2020 323 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
The proposal is inconsistent with and will involved a building height of 30 storeys and alter the character of Merrimac 4000 dwellings. In response to submissions the proposal was changed to 8 storeys and 3000 dwellings. Development of the type proposed is contemplated within the Guragunbah (Carrara/Merrimac) flood plain. However officers do acknowledge that the layout and distribution of building heights as currently proposed will impact on the anticipated open space character.
Insufficient public services and facilities Officers acknowledge that current levels of The local area has insufficient schools, services and facilities may not be sufficient to cater for the future residential population parks and public transport facilities to cater of the site. for the proposed population. Public transport is anticipated to improve in services and capacity with the construction of the Merrimac heavy rail station west of the site. This will likely be accompanied by higher frequency bus services past the site running between the station and surrounding service centres like Broadbeach. The proposal includes active parkland and passive recreation areas that will cater for the resident population.
Out of centre development Following the review of submissions the 8000m² of non-residential development applicant reduced the non-residential component to 2000m² and provided an represents out of centre development. economic impact assessment to justify this level of commercial on the site. Officers commissioned a peer review of this economic impact assessment, which has agreed that the reduced commercial component is likely to a large extent serve the residential catchment within the development and will not impact on the viability of existing centres. 792nd Council Meeting 25 August 2020 324 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
11 CONCLUSION
Council is in receipt of an application for a Preliminary Approval for making a material change of use to vary the effect of the local planning instrument, pursuant to section 242 of the Sustainable Planning Act 2009 (SPA). The application triggers Impact Assessment because it involves a Preliminary Approval overriding the Gold Coast Planning Scheme 2003 (Version 1.2).
While the application was lodged under and assessed against the Gold Coast Planning Scheme 2003, regard has been given to City Plan version 4 that was in force at the time the application entered decision stage.
As the City of Gold Coast Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018, commenced after the application entered the decision stage, in accordance with the SPA regard has not been given to this document.
After a detailed assessment, it has been determined the proposal represents conflict with LAP and city wide DEOs, the Planning strategy and constraint codes particularly in relation to flooding impacts, traffic and transport impacts and safe and optimal operation of the Merrimac Sewage Treatment Plant.
Council received 10 properly made and 4 not properly made submissions objecting to the proposal. The submissions raised concern about traffic impacts, building height, residential density, flooding, impact on character, out of centre development and lack of sufficient services and facilities to accommodate the resulting population.
Officers consider that the extent of non-compliance with the local planning instrument is such that the application should not be supported.
It is recommended that the application be refused for the reasons included with the officer’s recommendation.
12 NOTIFICATIONS
The following property notifications will be applied:
• Not applicable 792nd Council Meeting 25 August 2020 325 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
13 RECOMMENDATION
It is recommended that Council resolves as follows:
That Council refuses the issue of a preliminary approval, for a material change of use to vary the effect of the local planning instrument, pursuant to section 242 of the Sustainable Planning Act 2009, to facilitate the development of land for uses described as Business Activities, Community Activities, Industrial Activities, Recreation and Environmental Activities, Residential Activities, Tourism and Entertainment Activities and Transport and Infrastructure Activities, in accordance with the Greenheart Gardens Development Plan, on the following grounds: 1 The nature of the development having regard to the land uses proposed and proposed positioning on site conflicts with the following aspects of the relevant instrument: a Our Living City 2003 Planning Scheme DEO Soc.2, Soc.2.2 as the development has not demonstrated that a sufficiently high level of amenity for future residents can be achieved because of its proximity to the Merrimac Sewage Treatment Plant. b Our Living City 2003 Planning Scheme DEO Soc.6, Soc.6.1, Soc.6.3 and Soc.6.8 as the development will result in the continued reliance on the private motor vehicle that will affect the efficiency of the existing transport network. c Our Living City 2003 Planning Scheme Flood Plain Management – Merrimac/Carrara Land Use Theme as the development causes disruption to the natural system of the flood plain and causes impacts that disadvantage others within the system. d City Plan Strategic Outcome 3.3.1 (13) and Specific outcome 3.3.5.1 (1) as the development will require significant disruption to natural systems. The removal of wetland vegetation, construction and proposed location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. Impacts to native vegetation are not in keeping with the protection of this ecologically significant area. The ability to restore ecologically significant areas to respond to biodiversity, water catchment management and cultural heritage are currently unknown. e City Plan Strategic Outcome 3.8.1 (13) and Specific Outcome 3.8.6.1 (5) as the site is in close proximity to the Merrimac Sewage Treatment Plant and the proposal has not adequately demonstrated that sensitive uses are located away from areas that could cause environmental harm or nuisance from emissions or other impacts; and f The applicant has not demonstrated that housing future residents on the site will not constrain and adversely impact the safe and optimal operation of the Merrimac Sewage Treatment Plant. 2 The proposed built form and its impact on the landscape character conflicts with the following aspects of the relevant instrument: a Our Living City 2003 Planning Scheme LAP DEO 3.1 as the development will result in a built form character that is not appropriate to the immediate 792nd Council Meeting 25 August 2020 326 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
surrounds due to the predominant dwelling type and maximum building height. b Our Living City 2003 Planning Scheme DEO Soc.1, Soc.1.2, Soc.1.3 and Soc.1.4 as the development does not conserve and enhance the local character and therefore does not promote a distinct local identity of the local community. c City Plan Strategic outcome 3.3.1 (13) and Specific outcome 3.8.2.1 (2) as the proposed site layout clusters development close to the road frontages and the western site boundary. The current arrangement of heights and distribution of built form will impact on the proposal’s opportunity to create visually prominent green space that is viewable from public vantage points; 3 The development will cause hydraulic impacts and therefore conflicts with the following aspects of the relevant instrument: a State Planning Policy July 2017 – Assessment benchmarks – natural hazards, risk and resilience (5) and (7) as the development has not demonstrated that it cumulatively avoids an increase in the severity of the natural hazard and does not maintain natural processes that can mitigate risk. b Our Living City 2003 Planning Scheme LAP DEO 3.2 as the development results in adverse hydraulic impacts external to the site and has not assessed the cumulative impact of the proposal consistent with the environmental capacity of the land and the continuing function of the flood plain. c Our Living City 2003 Planning Scheme DEO Ecol.2.1, Ecol.2.1 and Ecol.2.2 as the development fails to maintain the integrity of the flood plain or demonstrate appropriate treatment of stormwater. d Our Living City 2003 Planning Scheme DEO Soc.7, Soc.7.1, Soc.7.2 and Soc.7.3 as the development is not located and designed to mitigate the risk to life and property and has not identified all interrelated aspect of emergency procedures. e Our Living City 2003 Planning Scheme Planning Strategy Natural Hazard Mitigation, NH Policy 1 and NH Policy 2 as the development does not restrict development in a natural disaster area and does not reduce risk of damage to life and property from natural hazards. f Our Living City 2003 Planning Scheme Flood affected areas code PC1, PC4, PC5, PC6, PC9, PC11 and PC13. g City Plan Specific outcome 3.3.5.1 (2) as the application material indicates that the proposal would result in adverse flood impacts external to the site for a range of regional and local flood events inconsistent with the Strategic framework in relation to flooding risk and resilience; and h The flooding impacts will adversely affect the ability of the flood plain to provide an essential flood management. 4 The development will not maintain the efficiency of the transport system and therefore conflicts with the following aspects of the relevant instrument: a City Plan Strategic Outcomes 3.6.1 (1) and Specific Outcome 3.6.4 (4) because at around 2.8km to Robina station and 3.44km to Robina Town 792nd Council Meeting 25 August 2020 327 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Centre, the site is considered beyond a comfortable active travel distance to local attractions and services; b Reliance on private car use will result in increased congestion and associated cost and impacts on productivity; and c The road works required within the local road network to accommodate the development are unable to fit within the existing road corridor without compromising design standards, and pedestrian and cyclist safety, thereby compromising the function of the existing and future transport corridor. 5 Assessment of the development against the abovementioned aspects of the relevant instrument warrants refusal of the application.
Author: Authorised by: Phillip Zappala Alisha Swain Supervising Planner Major Assessment Director Economy, Planning & Environment 31 July 2020 792nd Council Meeting 25 August 2020 328 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Conflict of Interest – Cr Gates
Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows:
The nature of the interest is: Receipt of electoral donations from Place Design
The name of the person or entity is: Place Design
The nature of the relationship is: Donor
The value and date of the gifts are: $1410 15 August 2011 $1850 23 October 2014 $1850 10 November 2016 refunded in full
The nature of the other person’s interest in the matter is: Consultant to applicant
However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest because Place Design is the planning and visual impact consultant and not the applicant.
PROCEDURAL MOTION moved Cr Caldwell seconded Cr PC Young
Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that:
Cr Gates does have a perceived conflict of interest in the matter because the reasons stated above. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Gates did not vote.
PROCEDURAL MOTION moved Cr Caldwell seconded Cr Hammel
Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that:
Cr Gates may participate in the meeting and vote on the matter because the donor is a consultant to the application and the time that has elapsed since the donation was made.
CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Gates did not vote. 792nd Council Meeting 25 August 2020 329 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
COMMITTEE RECOMMENDATION PE20.0820.003 moved Cr PJ Young seconded Cr M Hammel
That Council refuses the issue of a preliminary approval, for a material change of use to vary the effect of the local planning instrument, pursuant to section 242 of the Sustainable Planning Act 2009, to facilitate the development of land for uses described as Business Activities, Community Activities, Industrial Activities, Recreation and Environmental Activities, Residential Activities, Tourism and Entertainment Activities and Transport and Infrastructure Activities, in accordance with the Greenheart Gardens Development Plan, on the following grounds:
1 The nature of the development having regard to the land uses proposed and proposed positioning on site conflicts with the following aspects of the relevant instrument: a Our Living City 2003 Planning Scheme DEO Soc.2, Soc.2.2 as the development has not demonstrated that a sufficiently high level of amenity for future residents can be achieved because of its proximity to the Merrimac Sewage Treatment Plant. b Our Living City 2003 Planning Scheme DEO Soc.6, Soc.6.1, Soc.6.3 and Soc.6.8 as the development will result in the continued reliance on the private motor vehicle that will affect the efficiency of the existing transport network. c Our Living City 2003 Planning Scheme Flood Plain Management – Merrimac/Carrara Land Use Theme as the development causes disruption to the natural system of the flood plain and causes impacts that disadvantage others within the system. d City Plan Strategic Outcome 3.3.1 (13) and Specific outcome 3.3.5.1 (1) as the development will require significant disruption to natural systems. The removal of wetland vegetation, construction and proposed location of the development does not support the protection or maintenance of wetlands, aquatic or riparian communities. Impacts to native vegetation are not in keeping with the protection of this ecologically significant area. The ability to restore ecologically significant areas to respond to biodiversity, water catchment management and cultural heritage are currently unknown. e City Plan Strategic Outcome 3.8.1 (13) and Specific Outcome 3.8.6.1 (5) as the site is in close proximity to the Merrimac Sewage Treatment Plant and the proposal has not adequately demonstrated that sensitive uses are located away from areas that could cause environmental harm or nuisance from emissions or other impacts; and f The applicant has not demonstrated that housing future residents on the site will not constrain and adversely impact the safe and optimal operation of the Merrimac Sewage Treatment Plant.
2 The proposed built form and its impact on the landscape character conflicts with the following aspects of the relevant instrument: a Our Living City 2003 Planning Scheme LAP DEO 3.1 as the development will result in a built form character that is not appropriate to the immediate 792nd Council Meeting 25 August 2020 330 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
surrounds due to the predominant dwelling type and maximum building height. b Our Living City 2003 Planning Scheme DEO Soc.1, Soc.1.2, Soc.1.3 and Soc.1.4 as the development does not conserve and enhance the local character and therefore does not promote a distinct local identity of the local community. c City Plan Strategic outcome 3.3.1 (13) and Specific outcome 3.8.2.1 (2) as the proposed site layout clusters development close to the road frontages and the western site boundary. The current arrangement of heights and distribution of built form will impact on the proposal’s opportunity to create visually prominent green space that is viewable from public vantage points;
3 The development will cause hydraulic impacts and therefore conflicts with the following aspects of the relevant instrument: a State Planning Policy July 2017 – Assessment benchmarks – natural hazards, risk and resilience (5) and (7) as the development has not demonstrated that it cumulatively avoids an increase in the severity of the natural hazard and does not maintain natural processes that can mitigate risk. b Our Living City 2003 Planning Scheme LAP DEO 3.2 as the development results in adverse hydraulic impacts external to the site and has not assessed the cumulative impact of the proposal consistent with the environmental capacity of the land and the continuing function of the flood plain. c Our Living City 2003 Planning Scheme DEO Ecol.2.1, Ecol.2.1 and Ecol.2.2 as the development fails to maintain the integrity of the flood plain or demonstrate appropriate treatment of stormwater. d Our Living City 2003 Planning Scheme DEO Soc.7, Soc.7.1, Soc.7.2 and Soc.7.3 as the development is not located and designed to mitigate the risk to life and property and has not identified all interrelated aspect of emergency procedures. e Our Living City 2003 Planning Scheme Planning Strategy Natural Hazard Mitigation, NH Policy 1 and NH Policy 2 as the development does not restrict development in a natural disaster area and does not reduce risk of damage to life and property from natural hazards. f Our Living City 2003 Planning Scheme Flood affected areas code PC1, PC4, PC5, PC6, PC9, PC11 and PC13. g City Plan Specific outcome 3.3.5.1 (2) as the application material indicates that the proposal would result in adverse flood impacts external to the site for a range of regional and local flood events inconsistent with the Strategic framework in relation to flooding risk and resilience; and h The flooding impacts will adversely affect the ability of the flood plain to provide an essential flood management.
4 The development will not maintain the efficiency of the transport system and therefore conflicts with the following aspects of the relevant instrument: a City Plan Strategic Outcomes 3.6.1 (1) and Specific Outcome 3.6.4 (4) because at around 2.8km to Robina station and 3.44km to Robina Town 792nd Council Meeting 25 August 2020 331 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ITEM 3 (Continued) REPORT ON APPLICATION SEEKING A PRELIMINARY APPROVAL FOR MAKING A MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE LOCAL PLANNING INSTRUMENT PURSUANT TO SECTION 242 OF THE SUSTAINABLE PLANNING ACT 2009 AT 153 – 205 GOODING DRIVE AND BOOWAGGAN ROAD MERRIMAC- DIVISION 8 PN277920/01/DA1
Centre, the site is considered beyond a comfortable active travel distance to local attractions and services; b Reliance on private car use will result in increased congestion and associated cost and impacts on productivity; and c The road works required within the local road network to accommodate the development are unable to fit within the existing road corridor without compromising design standards, and pedestrian and cyclist safety, thereby compromising the function of the existing and future transport corridor. 5 Assessment of the development against the abovementioned aspects of the relevant instrument warrants refusal of the application.
CARRIED UNANIMOUSLY Cr Gates voted in the positive.
Recommendation Adopted at Council 25 August 2020
RESOLUTION G20.0825.034 moved Cr PJ Young seconded Cr Caldwell
That Committee Recommendation PE20.0820.003 be adopted as printed in the Planning and Environment Committee meeting report.
CARRIED 792nd Council Meeting 25 August 2020 332 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ATTACHMENT A - Page 1 of 1 792nd Council Meeting 25 August 2020 333 Planning and Environment Committee Meeting 20 August 2020 Adopted Report ATTACHMENT B - Page 1 of 1 792nd Council Meeting 25 August 2020 334 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
ATTACHMENT C - Page 1 of 32
Place Design Group Pty Ltd ACN 82370063 Level 4, 7 Short Street Southport, QLD 4215 Australia
Phone +61 7 5591 1229 [email protected] placedesigngroup.com
Greenheart Gardens Plan of Development
Version 1.2
February 2019
Prepared for Clive Palmer 792nd Council Meeting 25 August 2020 335 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Disclaimer
This report has been prepared in accordance with the scope of services described in the contract or agreement between Place Design Group Pty Ltd ACN 082 370063 and the Client. The report relies upon data, surveys, measurements and results taken at or under the particular times and conditions specified herein. Any findings, conclusions or recommendations only apply to the aforementioned circumstances and no greater reliance should be assumed or drawn by the Client. Furthermore, the report has been prepared solely for use by the Client and Place Design Group accepts no responsibility for its use by other parties.
Approved by: Peter Bell
Position: Principal Planner
Date: February 2019
Document 1614049 Reference:
Report: FINAL V1.2
792nd Council Meeting 25 August 2020 336 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Table of Contents
Disclaimer Part 1 Introduction 1.1 Preliminary 1.2 Structure 1.3 Definitions 1.4 Implementation Part 2 Tables of Assessment 2.1 Reading the tables of assessment 2.2 Levels of assessment 2.3 Determining requirements for accepted development and assessment benchmarks and other matters for assessable development 2.4 Prescribed Levels of Assessment 2.4.1 Level of Assessment – Material Change of Use 2.4.2 Level of Assessment – Reconfiguration of a Lot 2.4.3 Level of Assessment – Building Work 2.4.4 Level of Assessment – Operational Work 2.4.5 Levels of Assessment - Overlays Part 3 Greenheart Gardens Development Code 3.1 Application 3.2 Purpose 3.3 Criteria for assessment
792nd Council Meeting 25 August 2020 337 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Part 1 Introduction
1.1 Preliminary
The Greenheart Gardens Plan of Development supports a Preliminary Approval under section 242 of the Sustainable Planning Act 2009 over land described as Lot 23 on SP178025 and Lot 5 on SP214289 and as identified on the Conceptual Master Plan (herein referred to as the subject site).
Greenheart Gardens will contribute to strengthening the Gold Coast region as a world- renowned destination for healthy lifestyle opportunities, offering a way to live that is intrinsically linked to enjoyment and engagement with the outdoors by providing an integrated and master-planned urban community containing a mix of land uses with an emphasis on high-rise residential activities set within high quality open space.
1.2 Structure
The Greenheart Gardens Plan of Development is a standalone planning instrument to manage and regulate the future development of the subject site. It is set out in the following sections:
• Part 1 – Introduction • Part 2 – Tables of Assessment • Part 3 – Greenheart Gardens Development Code • Appendix 1 – Mapping
The Greenheart Gardens Plan of Development has been developed to exist as a standalone regulatory tool that overrides the requirements of the City Plan Version 4 (V4). However, where considered appropriate, the applicability of specific codes contained within the City Plan V4 have been specified in Section 2 Tables of Assessment.
Where a conflict may arise, the Greenheart Gardens Plan of Development prevails over City Plan V4, or any other planning instrument.
This Plan of Development is to be read in conjunction with any conditions forming part of a Decision Notice accompanying the Preliminary Approval Overriding the Planning Scheme for Material Change of Use.
1.3 Definitions
The applicable use and administrative definitions for the Greenheart Gardens Plan of Development are those contained within Schedule 1 of the City Plan V4, except for:
Site cover Site cover is defined by extent of development (building, structures attached to the building(s) and carport(s) calculated to the outer most projections of the building(s)) expressed as a percentage within a single allotment of the Urban Residential Precinct.
Setback distances For a building or structure, the shortest distance measured horizontally from the outer most projection of a building or structure to the vertical projection of the boundary of the lot within the Urban Residential Precinct.
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1.4 Implementation
The Greenheart Gardens Plan of Development sets the planning framework for the site to be developed with clusters of residential activity and areas intended for open space for the purpose of hydraulic, ecological or recreational functions.
To protect the role of these functions the Greenheart Gardens Plan of Development includes the following maps: • Map 1 – Development Plan Area • Map 2 – Land Use Plan • Map 3 – Sequencing Plan • Map 4 –Building Heights Plans • Map 5 – Road and Street Network Plan • Map 6 – Active Transport Plan • Map 7 – Open Space and Recreation Plan • Map 8 – Environment Plan • Map 9 – Building Typology Plan
The Greenheart Gardens Plan of Development also requires the preparation of a master plan layer between this Development Plan and the delivery of individual development projects.
This approach acknowledges that each stage of planning will provide progressively more detailed information, however it must remain consistent with the requirements of the Greenheart Gardens Plan of Development.
Details of how future master planning for the site may be carried out and the type of information that may be provided at each stage is summarised in Table 1 below.
Table 1 Indicative planning layers for implementing the Greenheart Gardens Planning Details Function Phase/Purpose Greenheart - Defines boundary for the Operates under a Gardens Development Plan area; Preliminary Approval to Development Plan - Identifies strategic land use Override the Planning elements; Scheme. Demonstrates - Sets out overarching code project vision and requirements and development Sets a site specific structural elements parameters; regulatory framework for that will be - Establishes maximum development through its constant development form and scale (i.e. tables of assessment and a throughout the life Number of dwellings, building development code replacing of the height, etc.); specified elements of the development. - Provides overarching strategic Gold Coast City Plan 2016 land use, built form and public V4. realm outcomes to be achieved by all development; and - Planning is for the subject site in its entirety.
Master Plan(s) - Defines sub-precinct boundaries; Carried out in conjunction - Provides details of how strategic with an application for a Provides more land use elements are delivered Material Change of Use, detailed through master plan design; Reconfiguration of a Lot or information of - Establishes a finer grain of Operational Works defined land use development, urban design, built applications made in sub-precincts. Sub- form and landscape principles for accordance with the precincts may be each sub-precinct; Greenheart Plan of defined by physical - Retains a golf course generally in Development. 792nd Council Meeting 25 August 2020 339 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Planning Details Function Phase/Purpose form (i.e. a the eastern half of the site development pad - Demonstrates Operational Works All application types must be area) or over a (Change to Ground Level) accompanied by a master number of core principles; plan, or be in accordance elements (i.e. the - Indicates development staging with an existing master plan. open space and infrastructure delivery; network) that - Additional specialist technical provide greater information or assessments; detail in order to - Demonstrates consistency with reinforce the the requirements of the Greenheart Plan of Greenheart Gardens Plan of Development. Development; - Planning may be carried out for all or part of the subject site; and - It is expected that the master plan will evolve over time through successive iterations.
Development - Detailed development/building Material Change of Applications design plans, including building Use/Reconfiguration of a envelopes, setbacks, private and Lot/ Operational Works Final approval communal open space applications to carry out sought for landscaping, site access points, development of specific sites individual etc; or land areas within the development - Details of supporting subject site. projects carried out infrastructure and relevant in accordance with applicable infrastructure a master plan. contributions; and - Demonstrates consistency with the approved master plan and overall Greenheart Gardens Plan of Development.
792nd Council Meeting 25 August 2020 340 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Part 2 Tables of Assessment
2.1 Reading the tables of assessment
The tables identify the following:
1) The category of development – prohibited, accepted, accepted subject to requirements, or assessable (requires code or impact assessment);
2) The level of assessment for development within: a) A precinct of the Greenheart Gardens Plan of Development (Map 02 – Land Use); and b) An overlay (where applicable).
3) The assessment benchmarks for development, including the: a) Greenheart Gardens Development Code; and b) Specified parts of the City Plan V4. Generally including: i. Development codes; ii. Use code; and iii. Overlay codes.
2.2 Levels of assessment
The process for determining a level of assessment is:
1) If for a Material Change of Use, establish the use by reference to the use definitions within Schedule 1 of the City Plan V4,
2) For all development, identify the: a) Relevant land use precinct, by reference to Map 2 –Land Use; b) Applicable overlays, by reference to the overlay mapping in the City Plan V4;
3) Determine the level of assessment and assessment criteria by reference to the tables in: a) Section 2.1.1 – Material change of use b) Section 2.1.2 – Reconfiguring a lot; c) Section 2.1.3 – Building work; d) Section 2.1.4 – Operational work; and e) Section 2.1.5 – Overlays
4) If an overlay applies refer to the relevant Overlay Code to determine if the overlay further changes the category of development or assessment.
2.3 Determining requirements for accepted development and assessment benchmarks and other matters for assessable development
1) Accepted development does not require a development approval and is not subject to assessment benchmarks. However, certain requirements may apply to some types of development for it to be accepted development. Where nominated in the tables of assessment, accepted development must comply with the requirements identified as required outcomes in the relevant parts of the applicable code(s).
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2) Accepted development that does not comply with one or more of the nominated required outcomes in the relevant parts of the applicable code(s) becomes code assessable development unless otherwise specified.
3) The following rules apply in determining assessment benchmarks for each category of assessment.
4) Code assessable development:
a. is to be assessed against all the assessment benchmarks identified in the assessment benchmarks column; b. that occurs as a result of development becoming code assessable, must: i. be assessed against the assessment benchmarks for the development application, limited to the subject matter of the required outcomes that were not complied with or were not capable of being complied with; ii. comply with all required outcomes; c. that complies with: i. the purpose and overall outcomes of the code complies with the code; ii. the performance or acceptable outcomes complies with the purpose and overall outcomes of the code; and d. is to be assessed against any assessment benchmarks for the development identified in Schedule 11 of the Regulation.
5) Impact assessable development: a. is to be assessed against the identified assessment benchmarks in the assessment benchmarks column; b. is to be assessed against any assessment benchmarks for the development identified in Part 4, Division 4, Subdivision 1 & 2 of the Regulation.
2.4 Prescribed Levels of Assessment
The following tables identify the applicable levels of assessment within the Greenheart Gardens Plan of Development for making a Material Change of Use, Building Work, Reconfiguring a Lot and Operational Work.
2.4.1 Level of Assessment – Material Change of Use
The following tables identify the levels of assessment for development in within the Greenheart Gardens Plan of Development for making a material change of use.
Table 2 Prescribed levels of assessment – Material change of use – Urban Residential Precinct Activity Groups Uses Assessment Criteria Business activities Accepted subject to requirements Greenheart Gardens The following uses if established Development Code in an existing lawfully established non-residential premises and involving no building work (other than internal fit out): a) Child care centre b) Food and drink outlet 792nd Council Meeting 25 August 2020 342 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria (excluding a drive-through facility) c) Health care services d) Market e) Office f) Sales offices g) Shop h) Veterinary services Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Where located in a Greenheart Gardens Neighbourhood Mixed-Use Hub Development Code Child care centre Any overlay code triggered by an Food and drink outlet overlay map Health care services General development provisions Market code Office Commercial design code Sales offices Child care centre code Shop up to 2000m2 GFA Market and temporary use code (Neighbourhood mixed use area Sales office code only) Driveways and vehicular Veterinary services crossings code Healthy waters code Solid waste management code Transport code Vegetation management plan Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Community activities Accepted subject to requirements The following uses if established in an existing non-residential premises and involving no building work (other than internal fit out): a) Community use b) Educational establishment c) Place of Worship Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Community use Greenheart Gardens Educational establishment Development Code Place of Worship Any overlay code triggered by an overlay map General development provisions code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management plan Impact assessment All other uses not listed Greenheart Gardens Development Code 792nd Council Meeting 25 August 2020 343 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria City Plan V4 Any overlay code triggered by an overlay map Industrial activities Accepted subject to requirements The following uses if established in an existing non-residential premises and involving no building work (other than internal fit out): a) Service Industry up to 1000m2 GFA Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Service industry up to 1000m2 Greenheart Gardens GFA Development Code Any overlay code triggered by an overlay map General development provisions code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Recreation and Accepted environmental Park (including pedestrian lighting only) activities Accepted subject to requirements The following uses if established in an existing non-residential premises and involving no building work (other than internal fit out): a) Environment facility Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Environment facility Greenheart Gardens Indoor sport and recreation up to Development Code 500m2 GFA Any overlay code triggered by an Outdoor sport and recreation overlay map Driveways and vehicular crossings code Healthy waters code Solid waste management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Residential activities Accepted subject to requirements - Code assessment Caretaker’s accommodation Greenheart Gardens Dual occupancy Development Code Dwelling house Any overlay code triggered by an Dwelling unit overlay map 792nd Council Meeting 25 August 2020 344 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria Home based business General development provisions Multiple dwelling code Retirement facility Caretaker’s accommodation code Dual occupancy code Dwelling unit code Home based business code Secondary dwelling code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Rural activities Impact assessment All uses Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Tourism and Accepted subject to requirements entertainment activities The following uses if established Greenheart Gardens development in an existing non-residential code premises and involving no building work (other than internal fit out): a) Bar b) Club c) Function facility d) Hotel e) Resort complex f) Short-term accommodation g) Theatre h) Tourist attraction Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Bar up to 100m2 GFA Greenheart Gardens Function facility up to 150m2 Development Code GFA Any overlay code triggered by an Short term accommodation overlay map General development provisions code Commercial design code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens 792nd Council Meeting 25 August 2020 345 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria Development Code City Plan V4 Any overlay code triggered by an overlay map Transport and Accepted subject to requirements infrastructure activities - Code assessment Parking station where located on Greenheart Gardens the ground level Development Code Substation Any overlay code triggered by an Telecommunication facility overlay map Utility installation General development provisions code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map
792nd Council Meeting 25 August 2020 346 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Table 3 Prescribed levels of assessment – Material change of use – Open Space Precinct Activity Groups Uses Assessment Criteria Business activities Accepted subject to requirements The following uses if established Greenheart Gardens in an existing non-residential Development Code premises and involving no building work (other than internal fit out): a) Food and drink outlet Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Food and drink outlet Greenheart Gardens Development Code Any overlay code triggered by an overlay map General development provisions code Commercial design code Market and temporary use code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management plan Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Community activities Accepted subject to requirements The following uses if established Greenheart Gardens in an existing non-residential Development Code premises and involving no building work (other than internal fit out): a) Community use Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Community use Greenheart Gardens Development Code Any overlay code triggered by an overlay map General development provisions code Commercial design code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code 792nd Council Meeting 25 August 2020 347 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria Vegetation management plan Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Industrial activities Impact assessment All uses City Plan V4
Recreation and Accepted environmental Park activities Accepted subject to requirements The following uses if established Greenheart Gardens in an existing non-residential Development Code premises and involving no building work (other than internal fit out): a) Environment facility b) Indoor sport and recreation Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Environment facility Greenheart Gardens Indoor sport and recreation up to Development Code 500m2 GFA Any overlay code triggered by an Outdoor sport and recreation overlay map Park General development provisions code Commercial design code Driveways and vehicular crossings code Healthy waters code Solid waste management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Residential activities Accepted subject to requirements - Code assessment Caretaker’s accommodation Greenheart Gardens Development Code Any overlay code triggered by an overlay map Caretaker’s accommodation code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens 792nd Council Meeting 25 August 2020 348 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria Development Code City Plan V4 Any overlay code triggered by an overlay map Rural activities Impact assessment All uses Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Tourism and Accepted subject to requirements entertainment activities The following uses if established Greenheart Gardens in an existing non-residential Development Code premises and involving no building work (other than internal fit out): a) Club b) Function facility Note: the amalgamation of tenancies by building work cannot be considered as Self- Assessment Code assessment Club Greenheart Gardens Function facility Development Code Any overlay code triggered by an overlay map General development provisions code Commercial design code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code Impact assessment All other uses not listed Greenheart Gardens Development Code City Plan V4 Any overlay code triggered by an overlay map Transport and Accepted subject to requirements infrastructure activities - Code assessment Parking station where located on Greenheart Gardens the ground floor Development Code Substation Any overlay code triggered by an Telecommunication facility overlay map Utility installation General development provisions code Commercial design code Driveways and vehicular crossings code Healthy waters code Solid waste management code Transport code Vegetation management code 792nd Council Meeting 25 August 2020 349 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Activity Groups Uses Assessment Criteria Impact assessment All other uses not listed Greenheart Gardens development code City Plan V4 Any overlay code triggered by an overlay map
2.4.2 Level of Assessment – Reconfiguration of a Lot
The following table identifies the levels of assessment for development within the Greenheart Gardens Plan of Development for undertaking the reconfiguration of a lot.
Table 4 Prescribed levels of assessment – Reconfiguring a Lot Precinct Level of Assessment Assessment Criteria Code assessment All Any RoL where a minimum Greenheart Gardens 400m2 in the Urban Residential Development Code Precinct and 4 hectares in the Any overlay code triggered by an open Space Precinct overlay map Note: Lot sizes referenced must Reconfiguring a lot code be determined exclusive of General Development Provisions access strip or access easement Code area for rear lots; and Healthy waters code The lot size referenced does not Vegetation management code apply to land that is to be dedicated to Council or State for open space or infrastructure purposes.
Dividing land by way of a lease for a term, including renewal options, exceeding 10 years
Creating an easement giving access to a lot from a constructed road
A Community Title Subdivision (Standard Format Plans and/or Volumetric Lots) of an existing or approved development
Subdivision for Volumetric Lot/s established using the structural elements of a building of an existing or approved development
Rearranging the boundaries of a lot where: a) the resulting lot sizes meet the identified lot requirements (minimum area) as listed above; or b) the lot sizes are altered by no more than 10% or 100m², whichever is the lesser.
792nd Council Meeting 25 August 2020 350 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
2.4.3 Level of Assessment – Building Work There is no building work regulated by the Greenheart Gardens Plan of Development.
2.4.4 Level of Assessment – Operational Work
The following table identifies the levels of assessment for development within the Greenheart Gardens Plan of Development for carrying out operational works.
Table 5 Prescribed levels of assessment – Operational Work Development Level of assessment Assessment criteria Operational work for change to Code assessment Greenheart Gardens ground level where work; Development Code a) Involves excavation or Any overlay code triggered by an filling associated with overlay map a material change of Change to ground level and use or reconfiguring a creation of new waterways code lot; or General Development Provisions b) Exceeds a volume of Code 40m3 of fill or Works for infrastructure code excavation; or Vegetation management code c) Results in an increase in the depth or height of the ground level or finished design level by more than 1.0 vertical metre; or d) If works are proposed within 20m of a site boundary. Operational works for Code assessment Greenheart Gardens infrastructure works associated Development Code with the provision of: Any overlay code triggered by an a) Roads; or overlay map b) Stormwater drainage Change to ground level and design and creation of new waterways code management; or General Development Provisions c) Street lighting; or Code d) Water supply Works for infrastructure code reticulation; or Vegetation management code e) Sewerage reticulation; or f) Open space and recreation facilities; or g) Off street vehicle parking; or h) Underground service conduits; or i) Reticulated gas; or j) Electricity Operational works for Code assessment Greenheart Gardens landscape works. Development Code Any overlay code triggered by an overlay map General Development Provisions Code 792nd Council Meeting 25 August 2020 351 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Development Level of assessment Assessment criteria Landscape works code Vegetation management code
Operational works not listed. Accepted Not Applicable
2.4.5 Levels of Assessment - Overlays
The following table identifies the applicable overlays and levels of assessment for development within the Greenheart Gardens Plan of Development.
Table 6 Prescribed levels of assessment – Overlays Development Levels of Assessment Criteria Assessment Any material change of use, No change to the level Any of the following overlay reconfiguration of a lot or of assessment codes where triggered by an operational works. overlay map within the City Plan V4: a) Acid sulfate soils overlay code b) Bushfire hazard overlay code c) Flood hazard overlay code d) Landslide hazard overlay code e) Road traffic noise management overlay code
792nd Council Meeting 25 August 2020 352 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Part 3 Greenheart Gardens Development Code
3.1 Application
This code applies to accepted and assessable development identified as requiring assessment against the Greenheart Gardens Development Code by the tables of assessment in Part 2 Tables of assessment.
3.2 Purpose (1) The purpose of the Greenheart Gardens Development Code is to encourage high quality, attractive, well-designed development that promotes a high standard of living for residents and are supported by business, community, recreational and environmental and tourism and entertainment activities.
(2) Lot design supports a mix and variety of housing forms envisaged in the precinct.
(3) The purpose of the Greenheart Gardens Development Code will be achieved through the following overall outcomes: (a) Greenheart Gardens is developed as an integrated and master-planned urban community containing a mix of land uses with low to medium rise residential activities set within high quality open space, and other supporting land uses; (b) Urban development is supported to provide a compact footprint that allows for the preservation of important ecological and open space areas and general floodplain management; (c) Building heights up to 8 storeys are generally only supported at the core of the development so there is a transition in building height from the outskirts of the site; (d) Development for accommodation activities does not exceed a total of 3,000 dwellings within the development site; (e) Provides for business activities, located in well serviced mixed use activity centre, providing business activities of a size and scale sufficient to service the ultimate Greenheart Gardens residential population and surrounding locality; (f) Development incorporates a high standard of urban design, architecture and landscaping that creates attractive and functional buildings, streets and communal places; (g) Development provides active and articulated streetscapes which integrate with buildings and provide for casual surveillance and pedestrian access from the street; (h) Development avoids or mitigates any adverse impacts on areas of ecological significance and provides for the rehabilitation of nominated ecological corridors; (i) Development provides open space linkages through the site, connecting the site to regional Green Heart Central Park parklands through pedestrian and bicycle routes; and (j) Risks to people and property are protected from flood hazards and demonstrates that impacts on the site and wider floodplain are suitably avoided and managed.
Precinct 1: Urban Residential Precinct (a) The Urban Residential precinct provides a high-quality urban village that promotes a mix of land uses, including compact urban residential activities and supporting business, community, tourism and entertainment and recreational and environmental activities; 792nd Council Meeting 25 August 2020 353 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
(b) Accommodation activities provide for a variety of development form and incorporates a combination of permanent and short term accommodation; (c) The precinct provides the majority of business activities, entertainment, community activities and tourism activities within the identified Neighbourhood Mixed-Use Hub. (d) Development through its architectural design, public realm and streetscape, provides an integrated interface to the Open Space Precinct and broader Central Park; (e) Built form provides for articulated, high-quality architectural design that promotes legibility and the human scale; (f) Development mitigates negative visual and physical impacts through appropriate design and siting; and (g) Car parking does not dominate the streetscape, being appropriately screened by activated uses or provided behind or below buildings.
Precinct 2: Open Space Precinct (a) The Open Space Precinct connects two identified main parkland areas within the regional Central Park strategy; (b) The precinct is a central activity node, providing land uses and facilities that are commensurate with its role within the regional open space network and core open space area servicing the Urban Residential precinct; (c) Development supports and upholds the ecological and hydraulic function of the site and broader floodplain catchment; (d) Development for accommodation activities within this precinct is not supported given the precincts higher order role in providing open space, ecological and hydrological function; (e) The precinct supports limited well-designed community, recreational, environmental, tourism and environmental activities where hydraulic and ecological impacts are appropriately managed, and it can be demonstrated there is no increased risks to people and property as a result of development; (f) Development activities provide activation by promoting daily uses at all times of the year and provide sustainable levels of use to ensure a human connection with the precincts open spaces and regional Green Heart parklands; (g) Development in the precinct is integrated with the urban realm to provide human value to the open space.
3.3 Criteria for assessment
Table 7 Criteria for ‘accepted development subject to requirements’ Required Outcomes
Setbacks R01 Setbacks are as follows: Setbacks Minimum distances measured in metres Front Height Setback Up to 23m 4m For that part exceeding 6m 23m Side and Rear Up to 4.5m 1.5m For that part between 2m 4.5m – 7.5m For that part exceeding An extra 0.5m is added 7.5m for every 3m in height or part thereof over 7.5m Between on site Double the applicable side setback habitable buildings 792nd Council Meeting 25 August 2020 354 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
(where not attached)
OR Setbacks for dwelling houses on small lots: Setbacks Minimum distances measured in metres Front Building line (outer most projection): 4m OR Building line (outer most projection: 2m of the lot has vehicular access via a rear lane and the building is elevated 900mm above the street Covered car parking; 2m behind front building line Secondary frontage Front wall; 4m (not of corner lot including projections up to 2m) Side (not applicable Height Setback to the secondary frontage of corner lots) Up to 3m 0m Where a class 10 building located along a southern or western boundary and to a maximum length of 9m Up to 4.5m 1.0m For the part between 1.5m 4.5m – 7.5m For the part exceeding 2m 7.5m Rear 0m here abutting a rear lane Otherwise, 6m Required Outcomes
Site Cover R02 Site cover does not exceed does not exceed 50% dwelling houses and duel occupancies.
OR
For all other uses, site cover does not exceed a cumulative total of: 1. 50% of net site area up to 8 storeys; 2. 40% of net site area from 9 to 15 storeys; and 3. 30% of net site area or 750m2 per building, whoever is the lesser, above 15 storeys.
Required Outcomes
Height R03
Building height does not exceed 2 storeys and a maximum of 9m or that shown on Map 4 – Maximum Building Heights.
AND
Structures do not exceed a height of 9m where not shown on Map 4 – Maximum Building Heights. 792nd Council Meeting 25 August 2020 355 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Required Outcomes
Density R04 Density does not exceed 3,000 units.
Required Outcomes
Advisory Note
Accepted development identified in the assessment tables as subject to requirements must comply with all the nominated requirements in this and other applicable codes.
Table 8 Criteria for assessable development Performance Outcomes Acceptable Outcomes Development scale and intensity PO1 AO1 Sequencing of the development must Sequencing of the development is to be in occur in a way that allows for each stage accordance with Map 3 – Sequencing. to be serviced by necessary infrastructure including access, parking, open space opportunities and infrastructure connection.
PO2 AO2.1 Site cover: Site cover does not exceed 50% for Dwelling a) Is balanced between built form and houses and Dual occupancies. green areas for landscaped public open space; AO2.2 b) Contributes to neighbourhood For all other uses, site cover does not exceed character and amenity; a cumulative total of: c) Promotes slender bulk form; and a) 70% of building base levels; d) Promotes an open, attractive and b) 50% of net site area up 15 storeys; distinct skyline. and c) 30% of net site area or 750m² per building, whichever is the lesser, above 15 storeys.
PO3 AO3.1 Building height: The maximum building height is identified on a) Allows for the development of a Map 4 – Building Height Plan. high density community set amongst broad areas of open AO3.2 space; and Where within the Open Space Precinct, the b) Provides appropriate transitioning maximum building height is 2 storeys. between precincts and adjacent lands. AO3.3 Where for a dwelling house or attached dwelling building height does not exceed 3 storeys with a maximum height of 11.5m.
PO4 AO4.1 Development provides a density Development density within the Urban appropriate to the site area and context Residential Precinct does not exceed 3000 and maintains adequate separation dwellings. between buildings to protect residential amenity. AO4.2 No residential density (other than a caretakers 792nd Council Meeting 25 August 2020 356 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes dwelling) is permitted within the Open Space Precinct.
PO5 AO5.1 Building siting mitigates negative visual Buildings greater than two (2) storeys in height and physical impacts by providing are to be sited generally in accordance with appropriate setbacks from street, parks, Map 9 – Building Typologies open space and adjacent properties and building forms. OR
AO5.2 Where for high-rise accommodation, multiple dwelling and short-term accommodation, setbacks are generally:
Height Setback Front Up to 23m 4m For that part 6m exceeding 23m Side & Rear Up to 4.5m 1.5m For that part 2m between 4.5m – 7.5m For that part An extra 0.5m exceeding is added for 7.5m every 3m in height or part thereof over 7.5m Between on Double the applicable side site setback habitable buildings (where not attached)
OR
AO5.3 Where for a dwelling house or attached dwelling, the minimum front setback is 3m and the minimum side and rear setback is 1.5m.
Transport and Access PO6 AO6 Development of road and street network Road and street networks must be designed in must be developed to allow for the accordance with Map 5 – Road and Street connectivity and efficient accessibility for Network. residents and visitors.
PO7 AO7 The development provides both private Development provides activity transport and public pedestrian and cyclist linkages opportunities in accordance with Map 6 – through the development to other nearby Active Transport. Open Space areas to encourage passive and active recreation.
PO8 AO8.1 Off-street parking areas are located No acceptable outcome provided. 792nd Council Meeting 25 August 2020 357 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes behind or within the building to minimise impacts on adjoining land uses, improve safety and are treated to minimise their visual impact from the street.
PO9 AO9.1 Service and loading areas are: No acceptable outcome provided. a) located behind the use; or visually screened from public areas.
Communal Open Space PO10 AO10.1 Where for accommodation activities Development provides a minimum of 30% of development provides communal open the site area as communal open space. space areas that: a) are accessible, useable and safe; b) enhances the attractiveness of AO10.2 the development; Development provides communal open space c) provides opportunities for social as per Map 7 – Open Space and Recreation. interaction; and d) creates pleasantly shaded outdoor areas.
Private Open Space PO11 AO11.1 Development provides private open Above ground private open space for each spaces areas that are directly accessible dwelling shall: and functional spaces. a) Mitigate negative wind effects on intended users; b) Be accessible from the living room; and c) Be provided at the following rates:
No. of bedrooms Minimum balcony area 1 bedroom and studio 8m² with a minimum dimension of 2m 2 bedrooms 12m² with a minimum dimension of 2.5m 3 or more bedrooms 16m² with a minimum
dimension of 3m AO11.2 Ground floor private open space for each dwelling is: a) Located adjacent to each dwelling unit; b) Accessible from the living room; c) Sufficiently screened or elevated for privacy without total seclusion; and d) Has a minimum area of 16m² and minimum width of 3m.
Environment PO12 AO12.1 Development must not have a significant Development must ensure protection of adverse impact upon areas identified as ecologically significant parts of the site in ecologically significant. Areas identified as accordance with Map 8 – Environment. ecologically significant must be restored . and rehabilitated to a standard as AND otherwise agreed by Council. 792nd Council Meeting 25 August 2020 358 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes AO12.2 Restoration and Rehabilitation of ecologically significant areas must be in accordance with the Habitat Restoration Plan (February 2019).
**Note: Rehabilitation Zones identified on Map 8 correspond to the recommendations within the Habitat Restoration Plan ( February 2019)
General design outcomes PO13 AO13.1 All buildings and ancillary structures are Development is orientated as to address: designed to: a) public streets, public open space and a) contribute to the envisaged urban public area. character of the local area; b) reduce the perceived mass of the b) promote casual surveillance of building; public streets, public open space c) provide privacy for both communal and public areas; and private open space amenity c) add visual interest to the areas. streetscape; d) enable differentiation between AO13.2 buildings; and Buildings located on a street corner address e) avoid stark or harsh appearance. both street frontages.
AO13.3 External walls are articulated, or otherwise architecturally treated, to create visual interest and to avoid a broad expanse of featureless wall.
AO13.4 Buildings create visual interest by a combination of: a) balconies and recesses; b) variation in materials, colours, or textures; c) recessions and projections in the roof and wall plane; and d) variations in the building form.
AO13.5 The building design and materials contribute to the intended character of the area.
PO14 AO14.1 Building design enhances safety and Above ground dwellings have windows or security on and off the site. balconies that provide clear lines of sight towards private access ways, the street, and all adjacent public spaces.
AO14.2 Lighting is provided to driveways, property entrances, pathways, communal service areas, car-parking areas, lobby stairwells, steps and ramps.
AO14.3 Entrances and exits to the street are directly 792nd Council Meeting 25 August 2020 359 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes accessible, illuminated and highly visible from public areas. AO14.4 Dead-end corridors, alleyways, pathways and refuse areas are secured to prevent unauthorised access.
Building form PO15 AO15.1 Building form promotes: No acceptable outcome provided. a) open, attractive and distinct skyline; b) view corridors between nearby buildings; c) efficient interior climate control; and d) balconies as an extension of indoor living space. PO16 AO16.1 Building form mitigates negative visual Building forms (including balconies) along: and physical impacts, including impacts a) single frontages step in at least 3m on privacy, by setting back from streets, from the base; or parks, open space and adjacent b) corner frontages can have up to 1/3 properties and building forms. building width extend straight down at the corner point to reinforce the intersection if negative ground level wind effects are mitigated.
AO16.2 New buildings are separated a minimum distance of 25m from any existing or approved adjacent and on-site building(s).
AO16.3 Building form is coordinated to offset with adjacent existing and proposed buildings to ensure: a) prominent building views are not obstructed; and b) views of the sky and access to sunlight from the public realm and private open space areas are maximised.
Roof form for buildings with 3 or more storeys PO17 AO17.1 Building caps and rooftops are provided to Building caps and rooftops are provided to contribute an attractive roofscape that contribute an attractive roofscape that enhances the architectural distinction of enhances the architectural distinction of the the building and effectively screens building. service structures, plant and equipment. AO17.2 Service structures, lift motor rooms and mechanical plant are: a) designed as an architectural feature of the building; b) incorporated into the roof form; or c) screened effectively. 792nd Council Meeting 25 August 2020 360 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes AO17.3 The rooftop and roof form is designed to enable future inclusion of plant and equipment in an unobtrusive manner.
AO17.4 Where rooftops are used for open space, plant and equipment is visually and acoustically screened from the communal open space and the open space area is integrated into an attractive roofscape to enhance the architectural distinction of the building.
Privacy PO18 AO18.1 The building is designed to achieve an Habitable room windows do not directly face: acceptable level of privacy for the a) a habitable room window of an occupants of the dwelling and adjoining dwelling or another building neighbouring properties. within 10m; b) an at-grade access way, footpath or communal open space area within 3m. OR
Habitable room windows: a) have a fixed obscure glazing in any part of the window below 1.5m above floor level; b) have privacy screens that cover a maximum of 50% window view.
AO18.2 Where a direct view exists into the private open space of an adjoining dwelling, the outlook from windows, stairwells, terraces, decks and other private, communal or public areas, is obscured or screened by privacy screens. Shadow Impacts – for development 3 or more storeys PO19 AO19.1 The building is designed and located to No acceptable outcome provided. ensure that the shadow cast by the building does not detract from a comfortable living and ground level environment and the access of adequate sunlight to private and public spaces having regard to:
a) the degree of containment of the shadow on the subject site at different times of the day on the summer and winter solstice and spring and autumn equinox; b) the cumulative impact of the shadow and existing shadows; c) the location of the shadow on non-residential areas external to the site; and 792nd Council Meeting 25 August 2020 361 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes d) the effect of the shadow on any other site or other building.
Where involving Business activities PO20 AO20 Business activities and entertainment The majority of business activities are co- activities create a vibrant centre that is located within the Neighbourhood Mixed-Use identified as a defined business node. Hub as identified on Map 2 – Precinct Plan.
PO21 AO21 Ground floor spaces are designed to No acceptable outcome provided. enable flexible reuse of the tenancies to support changing community and business needs. PO22 AO22 Commercial and retail use are to be of a Cumulative commercial GFA is not to exceed suitable scale, given the site’s position 2,000m2. within the hierarchy of nearby commercial developments.
Note: Where a cumulative GFA amount of 2,000m2 is exceeded, an economic needs assessment will need to be submitted to support the proposal.
Amenity protection PO23 AO23 Development mitigates any negative No acceptable outcome provided. effects to amenity, health and safety from existing surrounding activities having regard to: a) noise; b) hours of operation; c) traffic; d) signage; e) visual amenity; f) wind effects; g) privacy; h) vibration; i) contaminated substances; j) hazardous chemicals; k) odour and emissions; and l) safety.
PO24 AO24 Development mitigates any negative No acceptable outcome provided. effects to amenity, health and safety from proposed land uses having regard to: a) noise; b) hours of operation; c) traffic; d) signage; e) visual amenity; f) wind effects; g) privacy; h) vibration; i) contaminated substances; 792nd Council Meeting 25 August 2020 362 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes j) hazardous chemicals; k) odour and emissions; and l) safety.
Traffic Noise Mitigation Strategy PO25 AO25.1 Noise attenuation is achieved through Where the external façade noise levels do not best practice urban design principles comply with the noise criteria, architectural implemented at the detailed design stage. acoustic treatment should be provided to Design strategies include locating most achieve compliance with the internal noise sensitive rooms (eg. bedrooms) furthest criteria from AS/NZS 2107-2016. Architectural from the noise source, minimising window treatment of buildings is to be in accordance openings facing noise source, use of with acceptable forms of construction from building orientation and building bulk form QDC MP4.4 or based on floor plan specific to screen noise sensitive areas, acoustic design as per AS3671-1989. commitment to using building and glazing materials with high sound insulation AO25.2 properties; and provision of air Exceedance of the noise criteria at the conditioning or alternative ventilation. balconies and private open spaces is to be addressed through sustainable land use planning by sufficient provision of parks and outdoor communal recreational areas within the development footprint which comply with the noise criteria.
Open space linkages and ecological corridors PO26 AO26.1 Development provides open space Where development is carried out within an linkages through the site and connecting Open space linkage as identified on Map 7 – with regional Central Park parklands. Open Space and Recreational Plan linkages should be provided in the form of pathways, cycleways and continuous open space parklands that connect to major recreational areas identified external to the site.
PO27 AO27.1 Development provides for the Where development is carried out within an rehabilitation of nominated ecological the l Open Space area, as identified on Map corridors. 8– Environment, rehabilitation is carried out in accordance with an approved overall rehabilitation plan.
Landscaping PO28 AO28 Landscaping must be provided to: No acceptable outcome provided. a) Enhance the visual amenity and function of the development and Note: The Applicant must submit a Landscape streetscape; Intent Plan addressing the Performance Outcomes b) Introduce shade and incorporate to demonstrate compliance with AO27.1. water sensitive urban design outcomes with the management of stormwater; c) Ensure safety for users of the pedestrian network and other recreational/meeting spaces. d) Street trees must be provided along internal roads at regular intervals to provide shade and 792nd Council Meeting 25 August 2020 363 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes softening of the built form. e) Concentrated landscape nodes including feature trees must be established at regular intervals throughout the development. f) Landscape species selection must be fit for purpose and comprise endemic species where possible. g) Substantial landscaping must be provided along street frontages to soften the built form and integrate the development into the streetscape.
Multi Unit Residential Car Parking Spaces PO29 AO29 Car parking is to be provided in The minimum number of off street car accordance with the expected demand. parking spaces is: a) 0.8 car spaces per single bedroom unit b) 1 car space per 2 bedroom unit or dwelling c) 1.25 car space per 3 bedroom unit or dwelling d) 1.5 car space per 4 bedroom unit or dwelling e) Plus 1 car space per 10 units or dwelling excluding visitor, is to be unbundled and provided in a pooled parking arrangement. f) Either 1 car to be supplied per 50 units (to be maintained by the Community Management Scheme (CMS or CMS to enter into a supply agreement with a car share company as part of the car share scheme for residents. g) Excluding pooled parking arrangement a minimum of 17.5% residential parking, excluding visitor, is to be unbundled. h) *2 plus 1 per 10 units or dwellings for visitors Note: At least 50% of visitor parking to be provided in a single location.
Waste storage and bin wash-down facilities PO30 AO30.1 Development provides waste storage Development includes waste storage points of facilities that are appropriate and sufficient size to accommodate the required adequate for the type and volume of number of waste and recyclable bins waste generated. consistent with SC6.13 City Plan policy - Solid waste management.
792nd Council Meeting 25 August 2020 364 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes A30.2 Waste storage points are located, designed and sized consistent with SC6.13 City Plan policy – Solid waste management.
AO30.3 Development with a dwelling above the third storey include appropriate waste removal systems which incorporate: a) waste chutes; b) hoppers; and c) separate waste storage rooms.
Note: Waste removal system design is to be consistent with SC6.13 City Plan policy – Solid waste management.
AO30.4 Development that includes a commercial kitchen or generates clinical or related waste incorporate additional waste facilities consistent with SC6.13 City Plan policy – Solid waste management
PO31 AO31.1 Development provides a bin wash-down Development includes waste storage points of facility that maintains appropriate sufficient size to accommodate the required environmental health and amenity number of waste and recyclable bins standards consistent with SC6.13 City Plan policy - Solid waste management.
Amenity PO32 AO32.1 Waste storage and servicing points are Direct unobstructed paths exist between appropriately located and designed for waste storage and waste servicing points and convenient and safe access by all users road frontages and to minimise the potential for nuisance to occupants of the development or AO32.2 adjoining properties Waste storage points are screened by solid fencing or vegetation to ensure they are not visible from a public place or sensitive land use.
PO33 AO33.1 Waste servicing points are appropriately Waste servicing points are located, designed located and designed to facilitate safe, and sufficiently sized consistent with SC6.13 unobstructed and efficient servicing of City Plan policy – Solid waste management. waste containers Note: Regulation of the access, stopping and manoeuvring of refuse collection vehicles are subject to meeting Part 9.4.11 Transport code and associated City Plan guidelines.
Lot Design PO34 AO34.1 Lot size and configuration supports a mix Minimum lot size in the Urban Residential and variety of housing forms envisaged in Precinct must be a minimum of 4,00m2. the applicable Precinct. AO34.2 Minimum lot size in the Open Space Precinct 792nd Council Meeting 25 August 2020 365 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Performance Outcomes Acceptable Outcomes must be a minimum of 4ha.
AO34.3 Volumetric and community title subdivisions are anticipated within the Urban Residential Precinct.
792nd Council Meeting 25 August 2020 LEGEND 366 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School ATTACHMENT D - Page 1 of 8
Subject Site
Urban Residential Precinct
Neighbourhood Mixed-Use Hub
Community Node
Open Space Precinct
Indicative Roads & Streets
Community Waste & Indicative Pedestrian Link Recycling Centre
Community Waste & Recycling Centre
CoGC Treatment Plant
CoGC Treatment Plant
Future Greenheart Parkland Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_01 Fortitude Valley, Brisbane, QLD MAP 2 Land Use Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 367 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Indicative Roads & Streets
Indicative Pedestrian Link
Stage Boundary
Community Waste & Recycling Centre
CoGC Treatment Plant
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_03 Fortitude Valley, Brisbane, QLD MAP 3 Sequencing Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 368 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
1-2 Storeys
3-4 Storeys
5-6 Storeys
7-8 Storeys
Internal Roads & Streets
Community Waste & Recycling Centre
CoGC Treatment Plant
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_04 Fortitude Valley, Brisbane, QLD MAP 4 Building Heights Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 369 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Residential Access Street
Residential Collector Road
Major Road
External Road
Roundabout
Community Waste & Signalised Intersection Recycling Centre
CoGC Treatment Plant
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_05 Fortitude Valley, Brisbane, QLD MAP 5 Road and Street Network Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 370 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Indicative Communal Roads
Indicative Pedestrian Link
Indicative Onroad Cycle Lanes
Indicative Offroad Cycle Link
Indicative Shared Use Promenade (5m) Community Waste & Recycling Centre Indicative Pedestrian Path (2m) Indicative Pedestrian Trails & Paths
Proposed Bus Stop
Existing Bus Stop CoGC Treatment Plant External Road
Connection to Future Merrimac Rail Station
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_06 Fortitude Valley, Brisbane, QLD MAP 6 Active Transport Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 371 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Communal Open Space
Environmental Area
Recreation Node
Recreation Connectivity
Shared Use Promenade
Community Waste & Recycling Centre
CoGC Treatment Plant
Future CentralGreenheart Parkland Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_07 Fortitude Valley, Brisbane, QLD MAP 7 Open Space & Recreation Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 372 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Restoration Zone A
Restoration Zone B
Restoration Zone C
Sea Eagle Nest
Sea Eagle Nest - 100m Setback Community Waste & Woody Hill Regulated Recycling Centre Vegetation
Woody Hill - 100m Setback
CoGC Treatment Plant
Future CentralGreenheart Parkland Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_08 Fortitude Valley, Brisbane, QLD MAP 8 Environment Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 373 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Indicative Development Site
Indicative Building Floorplate Location
Indicative Pedestrian Link
Indicative Communal Roads
Indicative Surface Carpark Community Waste & Recycling Centre Note:
The location of Building Floorplates is indicative, alternatives may be considered when in accordance with the Greenheart Gardens Development Code.
CoGC Treatment Plant
Future GreenheartCentral Parkland Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_09 Fortitude Valley, Brisbane, QLD MAP 9 Building Typology Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 374 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
ATTACHMENT E - Page 1 of 34
Our reference: SDA-0615-021361 Your reference: PN277920/01/DA1 MCU201500551
5 July 2019
Chief Executive Officer Gold Coast City Council PO Box 5042 GCMC QLD 9729
Via email: [email protected]
Dear Sir/Madam
SARA concurrence agency response – 153-205 Gooding Drive, Merrimac (Given under section 285 of the Sustainable Planning Act 2009)
The referral agency material for the development application described below was received by the Department of State Development, Manufacturing, Infrastructure and Planning (the department) under section 272 of the Sustainable Planning Act 2009 (the Act) on 9 May 2017.
Referral triggers The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009: Referral triggers: Schedule 7, Table 3, Item 1 – State-controlled roads Schedule 7, Table 3, Item 2 – State-transport infrastructure Schedule 7, Table 3, Item 10 – Clearing vegetation.
Response Date of response: 5 July 2019 Response details: Concurrence agency response with conditions Development details: Development Permit for a Material Change of Use for a Preliminary Approval to vary the effect of the Gold Coast Planning Scheme 2003 (Version 1.2) to facilitate the development of the land described for Business Activities, Community Activities, Industrial Activities, Recreation and Environmental Activities, Residential Activities, Tourism and Entertainment Activities and Transport and Infrastructure Activities Conditions: The conditions set out in Attachment 1 must be attached to any development approval 792nd Council Meeting 25 August 2020 375 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Location details Street address: 153-205 Gooding Drive and Boowaggan Road, Merrimac QLD 4226 Lot on plan: Lot 23 on SP178025 and Lot 5 on SP21489 Local government area: Gold Coast City Council
Applicant details Applicant name: Clive Palmer c/- Place Design Group Applicant contact details: PO Box 1027 Southport QLD 4215 [email protected]
A copy of this response has been sent to the applicant for their information.
For further information, please contact Adam Norris, Principal Planning Officer, on (07) 5644 3218, or email [email protected] who will be pleased to assist.
Yours sincerely
Gareth Richardson A/Director, Planning and Development Services (SEQ South)
cc: Clive Palmer c/- Place Design Group - [email protected]
enc: Attachment 1—Conditions to be imposed Attachment 2—Reasons for imposing conditions Attachment 3—Advice to the applicant Attachment 4—Approved plans and specifications
792nd Council Meeting 25 August 2020 376 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Our reference: SDA-0615-021361 Your reference: PN277920/01/DA1 MCU201500551
Attachment 1—Conditions to be imposed
No. Conditions Condition timing Preliminary Approval for Material Change of Use Development impacting on state transport infrastructure (threshold) —Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department and Transport and Main Roads to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions: 1. The number of dwellings is limited to a maximum of 3,000 To be maintained at dwellings and the gross floor area of the mixed-use commercial all times uses is limited to a maximum of 2,000m2. 2. Pedestrian and cycle networks must be provided generally in Prior to the accordance with the following approved plans: commencement of • Greenheart Gardens MAP 6 Active Transport Plan, use for the relevant prepared by Place Design Group, date 14/01/2019, DWG precinct and to be No. 57_06, Revision D, as amended in red, to remove maintained at all two proposed bus stops times • Greenheart Gardens MAP 3 Sequencing Plan, prepared by Place Design Group, date 14/01/2019, DWG No. 57_03, Revision D. 3. Any excavation, filling/backfilling/compaction, retaining structures, At all times flood and stormwater management measures and other works involving ground disturbance must not encroach or de-stabilise the State-controlled road or the land supporting this infrastructure, or cause similar adverse impacts. 4. Noise management must be generally in accordance with Table Prior to the 6.1, Green Heart Gardens – Traffic Noise Mitigation Strategy, in commencement of the Traffic Noise Impact Assessment, prepared by ATP use and to be Consulting Engineers, date 31 January 2018, Document No: maintained at all ATP150124-R-TNIA-03, Revision 2. times 5. Direct vehicular access is not permitted between Gooding Drive At all times and the subject site, other than at the proposed Indicative Communal Roads intersection locations. 6. (a) Road works comprising an upgrade to the Pacific Motorway’s Prior to obtaining a Exit 77 interchange, must be provided generally in final inspection accordance with the following approved plans: certificate or • Road Upgrade Sheet 2 of 20, prepared by Burchills certificate of Engineering Solutions, date 24 May 2019, Drawing No. classification, SK021, Version L whichever is applicable, or prior to the commencement 792nd Council Meeting 25 August 2020 377 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • Road Upgrade Sheet 3 of 20, prepared by Burchills of use, of the 365th Engineering Solutions, date 24 May 2019, Drawing No. dwelling, whichever SK022, Version L. occurs first
In particular, the road works must include free left turn and merge for the Pacific Motorway’s southbound on ramp.
(b) The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015 • Road Planning and Design Manual, 2nd Edition, July 2013 • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 7. (a) Road works comprising a left-in and left-out access Prior to obtaining a intersection on Gooding Drive, must be provided generally in final inspection accordance with the following approved plan: certificate or • Road Upgrade Sheet 9 of 20, prepared by Burchills certificate of Engineering Solutions, date 24 April 2019, Drawing No. classification, SK028, Version K. whichever is applicable, or prior to In particular, the road works must: the commencement • provide an Auxiliary Left Turn (AUL) of use, of the 365th dwelling, whichever occurs first 792nd Council Meeting 25 August 2020 378 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • include active transport requirements from Boowaggan Road for the full extent of the Gooding Drive site frontage of the land • include provision for pedestrian access to bus stops • ensure road transport infrastructure is contained within road reserve.
(b) The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015 • Road Planning and Design Manual, 2nd Edition, July 2013 • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 8. (a) The existing bus stop pair, 'Gooding Drive at Merrimac Prior to obtaining a Primary School, Merrimac' (TransLink ID: 100645, Hastus final inspection ID: 300201 and TransLink ID: 100628, Hastus ID: 300352) certificate or must be relocated generally in accordance with the following certificate of approved plan. classification, • Road Upgrade Sheet 10 of 0, prepared by Burchills whichever is Engineering Solutions, date 24 April 2019, Drawing No. applicable, or prior to SK029, Version K. the commencement of use, of the 365th (b) Each relocated bus stop in part (a) of this condition must be dwelling, whichever upgraded to an Intermediate bus stop standard and include a occurs first 792nd Council Meeting 25 August 2020 379 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing bus bay length of 32.5 metres to accommodate the concurrent setdown of 2 x 12.5 metre length single unit rigid buses in a nose to tail arrangement.
(c) The roadworks must be designed and constructed to be in accordance with the following: • Department of Transport and Main Roads’ Road Planning and Design Manual, 2nd Edition, Volume 3 – Guide to Road Design (March 2016) • Department of Transport and Main Roads Supplement to Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Department of Transport and Main Roads’ Queensland Manual of Uniform Traffic Control Devices, Part 13 Local Area Traffic Management (March 2018).
(d) The relocated and upgraded bus stop pair must be in accordance with the Disability Standards for Accessible Public Transport 2002 made under subsection 31(1) of the Disability Discrimination Act 1992 and the Department of Transport and Main Roads’ TransLink Public Transport Infrastructure Manual 2015. 9. (a) Road works comprising an upgrade to the Gooding Drive / Prior to obtaining a Boowaggan Road signalised intersection, must be provided final inspection generally in accordance with the following approved plans: certificate or • Road Upgrade Sheet 9 of 20, prepared by Burchills certificate of Engineering Solutions, date 24 April 2019, Drawing No. classification, SK028, Version K whichever is • Road Upgrade Sheet 10 of 20, prepared by Burchills applicable, or prior to Engineering Solutions, date 24 April 2019 and Drawing the commencement No. SK029, Version K. of use, of the 824th dwelling, whichever In particular, the road works must: occurs first • provide dual Channelised Right Turn (CHR) • provide bus stops to Intermediate Stop Standard where relocated • include active transport requirements through the intersection.
(b) The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015; • Road Planning and Design Manual, 2nd Edition, July 2013 792nd Council Meeting 25 August 2020 380 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 10. (a) Road works comprising an upgrade to the Gooding Drive / Prior to obtaining a Bourton Road / Jura Parade signalised intersection, must be final inspection provided generally in accordance with the following approved certificate or Plan: certificate of • Road Upgrade Sheet 4 of 20, prepared by Burchills classification, Engineering Solutions, date 24 May 2019, Drawing No. whichever is SK023, Version L. applicable, or prior to the commencement In particular, the road works must: of use, of the 1,168th • provide dual channelised right turn lane dwelling, whichever • provide bus stop to Intermediate Stop Standard where occurs first. relocated • include active transport requirements through the intersection.
(b) The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015 • Road Planning and Design Manual, 2nd Edition, July 2013 • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 792nd Council Meeting 25 August 2020 381 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 11. (a) The existing bus stop pair, 'Gooding Drive at Bourton Road, Prior to obtaining a Merrimac' (TransLink ID: 100643, Hastus ID: 300355 and final inspection TransLink ID: 100630, Hastus ID: 300354) must be relocated certificate or generally in accordance with the following approved plan: certificate of • Sheet 4 of 20, prepared by Burchills Engineering classification, Solutions, date 24 May 2019, Drawing No. SK023, whichever is Version L. applicable, or prior to the commencement (b) The roadworks must be designed and constructed to be in of use, of the 1,168th accordance with the following to accommodate a single unit dwelling, whichever rigid bus of 12.5 metres in length: occurs first • Department of Transport and Main Roads’ Road Planning and Design Manual, 2nd Edition, Volume 3 – Guide to Road Design (March 2016); • Department of Transport and Main Roads Supplement to Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Department of Transport and Main Roads’ Queensland Manual of Uniform Traffic Control Devices, Part 13 Local Area Traffic Management (March 2018).
(c) The relocated bus stop pair must be in accordance with the Disability Standards for Accessible Public Transport 2002 made under subsection 31(1) of the Disability Discrimination Act 1992 and the Department of Transport and Main Roads’ TransLink Public Transport Infrastructure Manual 2015. 792nd Council Meeting 25 August 2020 382 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing 12. (a) Road works comprising new signalised access intersection on Prior to obtaining a Gooding Drive, must be provided generally in accordance with final inspection the following approved plan: certificate or • Road Upgrade Sheet 8 of 20, prepared by Burchills certificate of Engineering Solutions, date 14 January 2019, Drawing classification, No. SK027, Version J. whichever is applicable, or prior to In particular, the road works must: the commencement • provide Auxiliary Left Turn (AUL) / Channelised Right of any use within Turn (CHR) lanes Precincts 5, 6 7 8, 9 • include active transport requirements through the and 10 intersection • ensure road transport infrastructure is contained within road.
(b) The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015; • Road Planning and Design Manual, 2nd Edition, July 2013 • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 13. (a) Road works comprising active transport for dedicated off-road Prior to obtaining a cycle path and pedestrian paths over Gooding Drive must be final inspection 792nd Council Meeting 25 August 2020 383 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing provided generally in accordance with the following approved certificate or plans: certificate of • Road Upgrade Sheet 4 of 20, prepared by Burchills classification, Engineering Solutions, date 24 May 2019, Drawing whichever is No.SK023, revision L applicable, or prior to • Road Upgrade Sheet 5 of 20, prepared by Burchills the commencement Engineering Solutions, date 14 January 2019, Drawing of use of the 1,286th No.SK024, Version J dwelling unit, or prior • Road Upgrade Sheet 6 of 20, prepared by Burchills to the Engineering Solutions, date 24 April 2019, Drawing commencement of No.SK025, Version K any use within • Road Upgrade Sheet 7 of 20, prepared by Burchills Precincts 5, 6, 7, 8, 9 Engineering Solutions, date 24 April 2019, Drawing and 10, whichever No.SK026, Version K occurs first • Road Upgrade Sheet 8 of 20, prepared by Burchills Engineering Solutions, date 14 January 2019, Drawing No.SK027, Version J • Road Upgrade Sheet 9 of 20, prepared by Burchills Engineering Solutions, date 24 April 2019, Drawing No.SK028, Version K • Road Upgrade Sheet 10 of 20, prepared by Burchills Engineering Solutions, date 24 April 2019, Drawing No.SK029, Version K.
In particular, the road works must: • include provision for pedestrian access to bus stops • include active transport requirements through intersections.
(b The road works must be designed and constructed in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Queensland Manual of Uniform Traffic Control Devices, March 2019; • Traffic and Road Use Management Manual, April 2015; • Road Planning and Design Manual, 2nd Edition, July 2013; • Road Drainage Manual, July 2015 edition; • Road Landscape Manual, Edition 2, June 2013; • Engineering Policy 149 Managed Motorways, May 2014; • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 792nd Council Meeting 25 August 2020 384 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 14. (a) Road works comprising an upgrade to the Gooding Drive / Prior to obtaining a Ghilgai Road / Jondique Avenue signalised intersection, must final inspection be provided generally in accordance with the following certificate or approved plans: certificate of • Road Upgrade Sheet 6 of 20, prepared by Burchills classification, Engineering Solutions, date 24 April 2019, Drawing whichever is No.SK025, Version KK applicable, or prior to • Road Upgrade Sheet 7 of 20, prepared by Burchills the commencement Engineering Solutions, date 24 April 2019, Drawing of use, of the 2,209th No.SK026, Version K. dwelling, whichever occurs first In particular, the road works must: • include bus stop relocation and upgrade to Intermediate Standard • include active transport requirements through the intersection.
(b) The roadworks must be designed and constructed to be in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications to accommodate a single unit rigid bus of 12.5m in length: • Queensland Manual of Uniform Traffic Control Devices, March 2019 • Traffic and Road Use Management Manual, April 2015 • Road Planning and Design Manual, 2nd Edition, July 2013 • Road Drainage Manual, July 2015 edition • Road Landscape Manual, Edition 2, June 2013 • Engineering Policy 149 Managed Motorways, May 2014 • Guideline Fencing and edging treatments for cycling infrastructure, February 2019 • Technical Guidelines Raised priority crossings for pedestrians and cycle paths, January 2019 • Technical Note 128 Selection and Design of Cycle Tracks, May 2015 792nd Council Meeting 25 August 2020 385 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing • Technical Specifications for Roadworks, Drainage, Culverts and Geotechnical • Technical Specifications for Electrical and ITS • Technical Specifications for Pavements, Subgrade and Surfacing • Standard drawings for Concrete barriers and guardrails • Standard drawings for Drainage, retaining structures and protective treatments • Standard drawings for General earthworks • Standard drawings for Landscape and revegetation works • Standard drawings for Road furniture • Standard drawings for Signs and guide posts. 15. (a) The existing bus stop pair, 'Gooding Drive at Jondique Prior to obtaining a Avenue, Merrimac' (TransLink ID: 100644, Hastus ID: final inspection 300356 and TransLink ID: 100629, Hastus ID: 300353) must certificate or be relocated generally in accordance with the following certificate of approved plans: classification, • Road Upgrade Sheet 6 of 20, prepared by Burchills whichever is Engineering Solutions, date 24 April 2019, Drawing applicable, or prior to No.SK025, Version K the commencement • Road Upgrade Sheet 7 of 20, prepared by Burchills of use, of the 2,209th Engineering Solutions, date 24 April 2019, Drawing dwelling, whichever No.SK026, Version K. occurs first
(b) Each relocated bus stop in part (a) of this condition must be upgraded to an Intermediate bus stop standard and include a bus bay length of 32.5 metres to accommodate the concurrent setdown of 2 x 12.5 metre length single unit rigid buses in a nose to tail arrangement.
(b) The roadworks must be designed and constructed to be in accordance with the following Department of Transport and Main Roads road planning guidelines and technical publications: • Department of Transport and Main Roads’ Road Planning and Design Manual, 2nd Edition, Volume 3 – Guide to Road Design (March 2016) • Department of Transport and Main Roads Supplement to Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Austroads Guide to Road Design (Parts 3, 4-4C and 6) • Department of Transport and Main Roads’ Queensland Manual of Uniform Traffic Control Devices, Part 13 Local Area Traffic Management (March 2018).
(c) The relocated bus stop pair must be in accordance with the Disability Standards for Accessible Public Transport 2002 made under subsection 31(1) of the Disability Discrimination 792nd Council Meeting 25 August 2020 386 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
No. Conditions Condition timing Act 1992 and the Department of Transport and Main Roads’ TransLink Public Transport Infrastructure Manual 2015. 16. Stormwater and hydraulic conveyance must be carried out Prior to generally in accordance with the following approved plans: commencement of • Proposed Layout Conceptual Model prepared by Burchills use and to be Engineering Solutions, date 11 January 2019, Drawing maintained at all No.SK008, Version L times • Proposed Layout Overall Earthworks Plan prepared by Burchills Engineering Solutions, date 11 January 2019, Drawing No.SK009, Version H • Pre-Development Catchment Plan prepared by Burchills Engineering Solutions, date 29 November 2018, Drawing No.N200, Version A • Post-Development Catchment Plan prepared by Burchills Engineering Solutions, date 29 November 2018, Drawing No.N201, Version A. 17. (a) Prepare a Construction Environmental Management Plan (a) & (b): (CEMP). The CEMP must be prepared by a Registered Prior to obtaining Professional Engineer of Queensland (RPEQ) and development demonstrate the following: approval for building i. there will be no disruption to the safety and efficiency work or operational of public passenger transport, and pedestrian access work, whichever to public passenger transport, during the course of occurs first. construction, including the construction of roadworks associated with the development. (c) At all times during the construction of
the development. (b) Submit the CEMP to the Program Delivery and Operations Unit, South Coast Region ([email protected]) within the Department of Transport and Main Roads.
(c) Construct the development in accordance with the Construction Management Plan.
792nd Council Meeting 25 August 2020 387 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Our reference: SDA-0615-021361 Your reference: PN277920/01/DA1 MCU201500551
Attachment 2—Reasons for imposing conditions The reasons for this decision are: . To ensure the development is carried out generally in accordance with the plans of development submitted with the application . To ensure the development does not exceed the forecast dwelling and mixed-use commercial uses proposed . To ensure that acoustic treatments are provided in accordance with the approved plan. . To ensure the development and its construction does not cause adverse structural impacts on state-transport infrastructure . To ensure access to the state-controlled road from the site does not compromise the safety and efficiency of the state-controlled road . To ensure the road works on, or associated with, the state-controlled road network are undertaken in accordance with applicable standards . To provide, as far as practicable, public passenger transport infrastructure to support public passenger services . To ensure that the impacts of stormwater events associated with development are minimised and managed to avoid creating any adverse impacts on the state-transport corridor . To ensure the development does not compromise the safe and efficient operation and integrity of state transport infrastructure during construction.
792nd Council Meeting 25 August 2020 388 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Our reference: SDA-0615-021361 Your reference: PN277920/01/DA1 MCU201500551
Attachment 3—Advice to the applicant
1. Construction Management Plan Temporary bus stop and pedestrian/cycle access arrangements will be required as part of the development. The applicant should reach agreement on suitable arrangements with the Department of Transport and Main Roads’ TransLink Division (bus_stops@translink.com.au or on (07) 3851 8700) and relevant urban and school bus operators prior to any construction or works commencing.
2. Road Corridor Permit (RCP) for Ancillary Works and Encroachments Under section 50(2) of the Transport Infrastructure Act 1994, an application for a Road Corridor Permit (RCP) is required for any ancillary works and encroachments on the State- controlled road under Schedule 1 of the Transport Infrastructure (State-controlled Roads) Regulation 2006. Ancillary works and encroachments include but are not limited to construction activities and any works that present a potential hazard to road users. A decision of approval may include conditions or restrictions. Further information regarding ancillary works and encroachments, including applications forms, is available at: http://www.tmr.qld.gov.au/Community-and-environment/Planning- and-development/Other-matters-requiring-approval.aspx. Please contact the department (South Coast Region) on (07) 5563 6600 or at [email protected] to make an application for a Road Corridor Permit (RCP).
3. Works in State-controlled road reserve (WSCRR) This approval does not constitute a decision under section 33 of the Transport Infrastructure Act 1994 (TIA). Under section 33 of the TIA, written approval is required from the Department of Transport and Main Roads to carry out road works, including road access works, on a State-controlled road or interfere with a State-controlled road or its operation. No works are to commence within the State-controlled road reserve until approval of the plan/s showing the proposed works is issued by the Department of Transport and Main Roads accordingly with section 33 of the TIA. Further information regarding works in State- controlled roads, including application forms, is available at: https://www.tmr.qld.gov.au/Community-and-environment/Planning-and- development/Other-matters-requiring-approval.aspx. The approval process may require the approval of engineering designs of the proposed works, certified by a Registered Professional Engineer of Queensland (RPEQ). The approval may be subject to conditions related to the works construction process. Please contact the department (South Coast Region) at [email protected] or on (07) 5563 6600 to make an application for works in the State-controlled road reserve (WSCRR).
792nd Council Meeting 25 August 2020 389 Planning and Environment Committee Meeting 20 August 2020 Adopted Report
Our reference: SDA-0615-021361 Your reference: PN277920/01/DA1 MCU201500551
Attachment 4—Approved plans and specifications
792nd Council Meeting 25 August 2020 LEGEND 390 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Indicative Roads & Streets
Indicative Pedestrian Link
Stage Boundary
Community Waste & Recycling Centre
CoGC Treatment Plant
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_03 Fortitude Valley, Brisbane, QLD MAP 3 Sequencing Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 LEGEND 391 Planning and Environment Committee Meeting 20 August 2020 Adopted Report Future Greenheart Parkland Merrimac State School
Subject Site
Development Precinct
Open Space
Indicative Communal Roads
Indicative Pedestrian Link
Indicative Onroad Cycle Lanes
Indicative Offroad Cycle Link
Indicative Shared Use Promenade (5m) Community Waste & Recycling Centre Indicative Pedestrian Path (2m) Indicative Pedestrian Trails & Paths
Proposed Bus Stop
Existing Bus Stop CoGC Treatment Plant External Road
Connection to Future Merrimac Rail Station
Future Central Parkland
Place Design Group Pty Ltd Greenheart Gardens DATE PROJECT NO. REVISION DWG NO. 131 Robertson Street 14/01/2019 1614049 D 57_06 Fortitude Valley, Brisbane, QLD MAP 6 Active Transport Plan 4006 Australia 0 50 100 200 300 400 500M 1:6000@A3 T + 61 7 3852 3922 N F + 61 7 3852 4766 792nd Council Meeting 25 August 2020 392 Planning and Environment Committee Meeting 20 August 2020 Adopted Report 792nd Council Meeting 25 August 2020 393 Planning and Environment Committee Meeting 20 August 2020 Adopted Report