738th Council Meeting 21 June 2017 247 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 43 MASTERPLAN
4.5 EDGE CONDITIONS
This section contextually considers and analyses the relationship of the Proposed Beattie Road Development site with its immediate WHITE WATER WAY TO BRISBANE surrounds and position in the urban fabric. It identifies ‘constraints and opportunities’ arising from such an assessment in order to get the best possible outcome, appropriate transitioning and integration of the development into its setting.
The site is characterised to have four types of edge conditions:-
• The east facing Dreamworld Parkway Edge. To be known as the DREAM WORLD INTERFACE ‘School Interface’; and
• The north facing Beattie Road Edge. To be known as the ‘Dream World Interface’; and BEATTIE ROAD
• The west facing White Water Way Edge. To be known as the ‘Pacific
Motorway Interface’; and SUBJECT SITE • The south facing White Way Edge. To be known as the ‘Service PACIFIC MOTORWAY SCHOOL INTERFACE Station Interface’. INTERFACE
M1 PACIFIC MOTORWAY
SERVICE STATION INTERFACE
TO COOLANGATTA
DREAMWORLD PARKWAY
EDGE CONDITIONS DIAGRAM NOT TO SCALE 738th Council Meeting 21 June 2017 248 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 44 MASTERPLAN
4.5.1 DREAMWORLD INTERFACE
Description
The ‘Dream World Interface’ forms an important edge of the development due to councils future plans for the Coomera South Interchange. The plans for the Interchange involves a future road resumption to a large portion of the northern boundary. SITE BEATTIE RD DREAMWORLD The intent of the ‘Dream World Interface’ is to create a wide parkland FUTURE ROAD ROAD RESERVE type setting with high amenity and landscape buffering to the proposed PROPERTY BOUNDARY PROPERTY BOUNDARY development, while acknowledging the future resumption alignment. RESUMPTION BOUNDARY
Objectives
SHELTERED • The proposed new development should compliment the existing TEMPORARY OUTDOOR RECREATION RECREATION AREA theme park character and provide suitable activities to the street CENTRE
interface. 3m SETBACK • Indoor recreation structure within 3m of the proposed future “BRO” RIDE resumption boundary. 16m APPROX.
• To provide a ‘Green Edge’ to the currently degraded Beattie Road.
• The landscape buffer should create of soft edge against the BASEMENT 1 PATH proposed built form. BASEMENT 2 • Fence frontage treatment should be consistent with the neighborhood character, with pedestrian connectivity and visual permeability promoted.
SECTION A-A 0 2 4 6
A LEGEND 1 INDOOR RECREATION FOOD & BEVERAGE 8 2 INDOOR RECREATION 3 OUTDOOR RECREATION 4 ENTRY PLAZA 5 LANDSCAPE BUFFER & BOUNDARY FENCING GRASSED VERGE WHITEWATER WAY 6 7 FOOTPATH & FEATURE STREET TREE PLANTING BEATTIE RD 8 DREAMWORLD
6 7 5 6 SITE BOUNDARY
5 3 3 7
4 7 5 1 2 A PLAN VIEW 0 10 20 30 738th Council Meeting 21 June 2017 249 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 45 MASTERPLAN
4.5.2 SCHOOL INTERFACE
Description HOTEL LEVEL The ‘School Interface’ along Dreamworld Parkway adjoins Coomera HOTEL Primary School. Dreamworld Parkway carries a medium level of LEVEL DREAMWORLD PARKWAY COOMERA PRIMARY ROAD RESERVE SCHOOL vehicular, bus and pedestrian traffic associated with Dreamworld, HOTEL EASEMENT LEVEL Coomera Primary School and Coomera Kindergarten. HOTEL APPROX. 75m OF The intent of the School Interface is to improve the amenity of the LEVEL OPEN SPACE streetscape, provide sufficient buffering to Dreamworld Parkway and HOTEL PROPERTY BOUNDARY PROPERTY BOUNDARY LEVEL 6m SETBACK create a safe environment for pedestrian movement. HOTEL 4m Objectives LEVEL SETBACK
• The proposed new development should respect the transitioning LANDSCAPED PODIUM LEVEL to the local residential neighborhood and provide suitable human scaled built form interface with the street and contextual integration. PODIUM LEVELS • To provide a ‘Green Edge’ to Dreamworld Parkway whilst improving GROUND FLOOR on the existing streetscape character. RETAIL
• Fence frontage treatment should be consistent with the BASEMENT 1 ACTIVATED PATH EXISTING neighborhood character, with pedestrian connectivity and visual EDGE PATH permeability promoted. BASEMENT 2 • Building form up to 2 levels within 4m of the property boundary, and 6m setback above 2 levels in height.
SECTION B-B 0 2 4 6
LEGEND 1 BOH LOADING AREA 2 6 2 RETAIL 4 7 CAR PARK 8 3 9 10 4 ACTIVATED EDGE - OUTDOOR DINING, 1 SEATING, BIKE RACKS 5 LOADING BAY ACCESS B 5 6 LANDSCAPE BUFFER & BOUNDARY FENCING 7 GRASSED VERGE 2 4 7 8 FOOTPATH & FEATURE B STREET TREE PLANTING 9 EXISTING FOOTPATH 6 11 EXISTING VEGETATION 8 10 9 10 BUFFER 3 SITE BOUNDARY 11 COOMERA PRIMARY SCHOOL
DREAMWORLD PARKWAY
PLAN VIEW 0 5 10 15 738th Council Meeting 21 June 2017 250 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 46 MASTERPLAN
4.5.3 SERVICE STATION INTERFACE
Description
The ‘Service Station Interface’ is to the southern edge of the site and RESIDENTIAL LEVEL faces an existing service station. The intent of the Service Station Interface is to create a hard edge between the two sites, dividing non- RESIDENTIAL LEVEL compatible uses. EXISTING SERVICE EXISTING RESIDENTIAL LEVEL STATION CONVENIENCE STORE Objectives RESIDENTIAL LEVEL PROPERTY BOUNDARY
• 0 meter setback on first level to boundary edge. RESIDENTIAL LEVEL
• 4 meter setback to podium levels 2-5 RESIDENTIAL LEVEL
• 6 meter setback to tower level 5 and above RESIDENCE FACILITIES 6m SETBACK & LANDSCAPE PODIUM TOWER LEVEL
DRIVE WAY & CIRCULATION SPACE GROUND FLOOR RETAIL
BASEMENT 1
BASEMENT 2
SECTION C-C 0 2 4 6
2 C 5 6 LEGEND 4 1 RETAIL 3 SITE BOUNDARY 3 2 PORTE COCHERE
1 3 VEHICULAR ACCESS 4 4 FEATURE TREE 8 SITE BOUNDARY PLANTING 10 WHITEWATER WAY 5 LANDSCAPE BUFFER 6 GRASSED VERGE 7 7 FOOTPATH & FEATURE STREET TREE PLANTING 10 8 FEATURE FACADE TREATMENT 6 9 9 EXISTING CONVENIENCE STORE DREAMWORLD PARKWAY 3 10 EXISTING CARPARK 11 EXISTING SERVICE STATION
C PROPOSED FACADE TREATMENT ON BOUNDARY FOR 0 METER SETBACK PLAN VIEW 0 5 10 15 738th Council Meeting 21 June 2017 251 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 47 MASTERPLAN
4.5.4 PACIFIC MOTORWAY INTERFACE
Description
The ‘Pacific Motorway Interface’ is along Whitewater Way and is in RESIDENTIAL LEVEL close proximity to the Pacific Motorway. The Pacific Motorway carries RESIDENTIAL an extreme level of vehicular, bus and truck traffic. Providing sound LEVEL and visual buffering; as well as improving the amenity is the key RESIDENTIAL PACIFIC MOTORWAY WHITEWATER WAY LEVEL objective for this interface. ROAD RESERVE RESIDENTIAL LEVEL The intent is to improve visual amenity of the Whitewater Way PROPERTY BOUNDARY 6m SETBACK RESIDENTIAL streetscape and provide a sufficient buffer to the Pacific Motorway, LEVEL addressing the key objectives of noise and visual privacy. RESIDENTIAL LEVEL 4m Objectives SETBACK LANDSCAPED PODIUM LEVEL • The proposed new development should respond to the existing context to provide best possible outcomes for the setting. VEGETATED VEGETATED ROAD PODIUM RESERVE • To provide a ‘Green Edge’ to the currently degraded Whitewater MEDIAN LEVELS Way. PATH GROUND FLOOR RETAIL, MIXED • The extensive landscape buffer should create a soft edge against USE the proposed built form, reduce acoustic levels, create visual SHOP BASEMENT 1 privacy and amenity for the proposed development. FRONT
• Building form up to 5 levels within 4m of the property boundary, BASEMENT 2 and 6m setback above 5 levels in height.
SECTION D-D 0 2 4 6
LEGEND 7 1 MIXED USED/ COMMERCIAL 9 RESIDENTIAL 6 2 D 3 RETAIL 1 4 VEHICLE ACCESS 5 PORTE COCHERE 11 7 6 ACTIVATED EDGE - 8 OUTDOOR DINING, 2 SEATING, BIKE RACKS PACIFIC MOTORWAY D WHITEWATER WAY (SOUTH BOUND) 10 7 LANDSCAPE BUFFER & PACIFIC MOTORWAY 10 BOUNDARY FENCING (NORTH BOUND) 8 GRASSED VERGE 4 9 FOOTPATH & FEATURE SITE BOUNDARY STREET TREE PLANTING 5 10 EXISTING VEGETATION BUFFER 11 SHOP FRONT 9
3 8 4
PLAN VIEW 0 5 10 15 738th Council Meeting 21 June 2017 252 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 48 MASTERPLAN
4.6 MAJOR TOURISM SETBACK REQUIREMENT
RIDE
BEATTIE ROAD
85M
TOWER
WHITEWATER WAY
DREAMWORLD PARKWAY 738th Council Meeting 21 June 2017 253 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 49 MASTERPLAN
4.7 TOWER SEPARATION
This Tower Separation Code states the minimum set back requirements between towers. A minimum distance of 12 meters has been specified. BEATTIE ROAD Objectives
• Ensure adequate privacy between apartments. EASEMENT C • Allow visual separation of towers.
• Maintain and maximise view lines.
• Reduce bulk of development.
• Creates aesthetic variation of built form.
MINIMUM 12 METERS BETWEEN TOWERS
WHITEWATER WAY
DREAMWORLD PARKWAY
EASEMENT B
EASEMENT A
INDICATIVE CONCEPT SITE ELEVATION MINIMUM 12 METERS SITE PODIUM TOWER ZONE BETWEEN TOWERS 738th Council Meeting 21 June 2017 254 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 50 MASTERPLAN
4.8 PUBLIC ACCESS
This public access code specifies that public access and facilities be incorporated into the development. Pedestrian access through the site, connecting with Dream World Theme Park in the North East Corner supports the provision of hotel and residential towers. BEATTIE ROAD
Multiple vehicular and pedestrian pathways have been mapped through the site and these will support the feasibility of development. EASEMENT C
Urban design principles that underpin safe and lively activity within the city are supported by this code. Permeability, passive surveillance and mixed use round the clock activities will be facilitated by this public access code.
WHITEWATER WAY
DREAMWORLD PARKWAY
EASEMENT B
EASEMENT A
POTENTIAL CONNECTIONS
SITE PODIUM TOWER
PEDESTRIAN ACCESS
VEHICULAR ACCESS 738th Council Meeting 21 June 2017 255 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 59 MASTERPLAN
3D PERSPECTIVE
SITE
VIEW KEY 738th Council Meeting 21 June 2017 256 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 60 MASTERPLAN
3D PERSPECTIVE
SITE
VIEW KEY 738th Council Meeting 21 June 2017 257 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 61 MASTERPLAN
3D MONTAGE
SITE
VIEW KEY
MONTAGE VIEW - WHITEWATER WAY 738th Council Meeting 21 June 2017 258 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD RESPONSE TO REQUEST FOR INFORMATION REPORT / DECEMBER 2016 ADOPTED REPORT 62 MASTERPLAN
3D MONTAGE
SITE
VIEW KEY
MONTAGE VIEW - DREAMWORLD PARKWAY 738th Council Meeting 21 June 2017 259 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD SHADOW STUDY REPORT / DECEMBER 2016 ADOPTED REPORT 4 MASTERPLAN
MARCH EQUINOX
MARCH 21 - 9AM MARCH 21 - 12PM MARCH 21 - 3PM 738th Council Meeting 21 June 2017 260 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD SHADOW STUDY REPORT / DECEMBER 2016 ADOPTED REPORT 5 MASTERPLAN
JUNE SOLSTICE
JUNE 21 - 9AM JUNE 21 - 12PM JUNE 21 - 3PM 738th Council Meeting 21 June 2017 261 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD SHADOW STUDY REPORT / DECEMBER 2016 ADOPTED REPORT 6 MASTERPLAN
SEPTEMBER EQUINOX
SEPTEMBER 21 - 9AM SEPTEMBER 21 - 12PM SEPTEMBER 21 - 3PM 738th Council Meeting 21 June 2017 262 City Planning CommitteeBEATTIE Meeting RD, COOMERA, 14 June GO 2017LD COAST QLD SHADOW STUDY REPORT / DECEMBER 2016 ADOPTED REPORT 7 MASTERPLAN
DECEMBER SOLSTICE
DECEMBER 21 - 9AM DECEMBER 21 - 12PM DECEMBER 21 - 3PM 738th Council Meeting 21 June 2017 263 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Our Ref: 16011/120117.JN
12 January 2017
Mr Scot Barrett Acting Senior Planner Major Assessment City Development Gold Coast City Council PO Box 5042 Gold Coast Mail Centre Qld 9729
Email: [email protected]
Dear Scott,
RE: PEER REVIEW – MCU201600219 – COOMERA MASTERPLAN
Following receipt of your email dated 10 January 2017 advising that the applicant had recently lodged its Response to the Information Request, I am pleased to present this completed Peer Review of the abovementioned application. This letter builds upon the first stage Peer Review provided to Sally Taylor on 18 March 2016. This final Peer Review presents a concluded view of all of the need and economic information forming part of the application.
Background
Council has received a Preliminary Approval application for a 1.9ha site zoned Rural Living/Open Space that adjoins Dreamworld to its south at Coomera to facilitate the development of a ‘large scale integrated tourist facility.’ The application was lodged whilst the Superseded Planning Scheme was operational. The key elements originally proposed included a 300 room Resort Hotel, 387 Apartments and supporting retail and commercial facilities. The complete list of uses sought includes Amusement Parlour, Apartment, Café, Convenience Shop, Indoor Recreation Facility, Kiosk, Market, Minor Tourist Facility, Park, Private Recreation, Public Utility, Reception Room, Resort Hotel, Restaurant, Shop, Take-away Food Premises, Tavern, Telecommunications Facility, Temporary Use, Tourist Facility and Tourist Shop. Building heights of 27, 22 and 12 stories were originally proposed for three towers on the site. Shops were originally to have been limited to a total of 5,000m2 with no tenancy to be more than 250m2.
The Response to the Information Request highlighted some changes to the original application. Of relevance to this report, the building height is reduced to 15-stories, Shops are limited to a total of 800m2 with no tenancy to be more than 300m2 and Restaurants are limited to a total of 1,000m2. The height reduction is likely to reduce the number of Apartments to about 170, assuming an average of 2 bedrooms per unit and that the scale of the Resort Hotel remains at 300 rooms (as per changed plans, in order to fit within the upper limit for the site of 642 bedrooms).
738th Council Meeting 21 June 2017 264 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
The key uses are considered to be the Resort Hotel and Apartments, with the other uses being support uses in order to provide an integrated tourist facility. These other uses appear reasonable, with the proposed limitations also considered reasonable. However, the Development Code allows these other uses to be developed ahead of the Resort Hotel and Apartments, which would result in a very different development, with different impacts. There may need to be a link inserted into the Development Code to ensure that this unintended outcome does not eventuate in a Code Assessable form.
Overall Review
The Economic Needs Assessment assesses the need for the site’s proposed capacity of 642 bedrooms (treating them all as visitor accommodation) and retail/restaurant components. Whilst it is possible that the proposed Apartments could be occupied by permanent residents, given that the overall vision for the site is to create a ‘large scale integrated tourism facility,’ it seems reasonable that they are assumed to function as serviced apartments for holiday letting. On balance, it is likely that the majority of the Apartments would be occupied by visitors.
Whilst some mention is made about the proposed Coomera Town Centre by the Economic Needs Assessment, planning need issues are primarily addressed by the town planning report, with a report by MAK Planning & Design dealing with the potential loss of Open Space.
It is considered that the combination of the current Preliminary Approval on the site for Vehicle Sales and Takeaway Food Premises, the Council officer’s statements in the assessment of the current Preliminary Approval and the Report on Open Space Matters by MAK Planning & Design adequately deal with the potential loss of Open Space land if the subject Preliminary Approval application is approved. This potential loss is not considered to be a concern.
The Economic Needs Assessment has adequately demonstrated that the proposed development contributes the satisfaction of a range of tourism economic goals for the City, is needed if tourism visitor projections are to be achieved and is needed to support the Coomera Theme Park Corridor. Whilst the Assessment has inappropriately relied upon visitors to the nearby Dreamworld and WhiteWater World in order to support the proposed scale of retail/restaurant facilities, I am satisfied that the proposed scale is supported by the range of other uses proposed on-site, particularly the Resort Hotel and Apartments. Consequently, potential impacts upon centres in the area are not considered to be of concern.
It is noted that the 2003 Planning Scheme provides for Apartments in Precincts 1 and 5 of the Coomera Town Centre Structure Plan and provides for Resort Hotels in Precincts 1 (especially 1c) and 8 of the same Structure Plan. It is noted that Precincts 1c and 8 are located particularly close to Dreamworld. The town planning report has addressed this matter, claiming that the timing of Precinct 1c is in the medium- to long-term, by which time the proposed development would have been completed. It is also considered that the Apartments provided for in the Coomera Town Centre would more likely be occupied by permanent residents, compared to visitors on the subject site. To this extent, it is also considered that the proposed development offers something different from that designated in the Coomera Town Centre.
738th Council Meeting 21 June 2017 265 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
A minor matter is that the headings of Figures 1 and 2 in the Economic Needs Assessment remain incorrect (despite alerting the applicant in the Addendum to Information Request to this issue), which could lead to some confusion by the reader due to apparent inconsistencies with information presented later in the Economic Needs Assessment. The data presented in these Figures is actually Visitors, not Visitor Nights.
The projected growth rate of domestic visitor nights to the Gold Coast adopted by the Economic Needs Assessment appears high, although any differences of opinion are not considered to undermine the conclusions reached by the Assessment.
The Economic Need and Impact Assessment otherwise provides robust methodology, data and assumptions.
It is my view that the proposed Resort Hotel (and those Apartments to be let for short term visitor accommodation) should be viewed as a significant positive for the Gold Coast tourism sector and overall economy due to it being fundamentally different from the existing supply of Gold Coast accommodation and in a location that supports other iconic tourist infrastructure on the Gold Coast (which continues to be dependent on the tourism sector).
Council’s Questions
Answers are provided to Council’s list of seven questions, based upon all of the information currently presented by the applicant and our experience.
1. Does there exist a need/demand for the proposed accommodation uses on site (both short- term accommodation (300 hotel rooms) and permanent accommodation (387 residential units))? Firstly, the number of Apartments has been reduced to about 170 (limited to 342 bedrooms if 300 bedrooms are taken up by the Resort Hotel). Secondly, I am not convinced that we should assume that all of the Apartments would be occupied by permanent residents. The Economic Needs Assessment has assumed that they would all be let for short-term visitor accommodation. This assumption is supported by the plans and by the vision and other similar statements contained in the Development Code. On balance, I consider it reasonable to assume that the majority would be let for short-term visitor accommodation.
Whilst the Economic Needs Assessment has not addressed the issue of need/demand for permanent accommodation, it has demonstrated that there is a need for additional hotel rooms on the Gold Coast and that the proposed development could assist in satisfying that demand.
738th Council Meeting 21 June 2017 266 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Whilst not specifically addressed by the Assessment, major theme park areas elsewhere in the world are well supported by proximate large-scale hotel accommodation. Whilst I would prefer to stay much closer to the beach during a Gold Coast vacation (and visit the theme parks during the day via car or bus), there are other visitors that may choose to stay closer to the theme parks. For this reason (and due to increasing congestion on Gold Coast roads, point highlighted by the applicant) I view the proposed Resort Hotel’s location in the Coomera Theme Park corridor as being a major point of difference to other accommodation venues. It is recognised that it may take time for the proposed Resort Hotel to position itself within the competitive Gold Coast hotel accommodation market. Therefore, whilst demand might take some time to develop, that does not undermine the overall need for this element and its economic benefits to the community.
To the extent that some Apartments would be occupied by permanent residents, the market for Apartments in a 15-storey configuration is unproven at this location. Whilst demand is ultimately likely to be realised, timing of this demand is likely to be an issue.
2. Does there exist such a shortfall of residential land that this site (designated as Open Space) is required to be developed for residential purposes? As indicated above, I am satisfied that the applicant has demonstrated that the subject site is not required to be retained for Open Space purposes. I am also skeptical as to how many of the proposed Apartments would be occupied by permanent residents.
The Economic Needs Assessment has not addressed this issue. Work undertaken in 2015 by Norling Consulting and Buckley Vann for Council indicated that greenfield land in the Coomera corridor was going to be exhausted earlier than previously thought. To the extent that the proposed development may accommodate permanent residents, this finding provides some support for the proposal. However, such support does not address timing or the suitability of the subject site for permanent residents.
3. Does the amount of short-term accommodation proposed align with the amount of visitors that attend tourist facilities in proximity to the site? The Economic Needs Assessment has not addressed this issue.
Based upon the assumptions contained in the Assessment, if the Resort Hotel and Apartments were to accommodate visitors, they would accommodate approximately 246,000 visitor nights per annum. Whilst the average length of stay on the Gold Coast is just over 5 nights, if it is assumed that those staying at the proposed development would stay only 3 nights, the proposed development would accommodate about 82,000 visitors per annum. The Assessment has also revealed that just over 1 million tourists staying overnight on the Gold Coast visited Gold Coast theme parks in 2014. If 80% of these visitors visited the theme parks in the Coomera Theme Park Corridor, then the proposed development need only accommodate 8% of tourists visiting the theme parks located in the Coomera Theme Park Corridor. This percentage would reduce as the volume of tourists increases over time. This percentage does not seem unreasonable, suggesting that the quantum of short-term accommodation proposed aligns with the quantum of tourists visiting the Coomera Theme Park Corridor.
738th Council Meeting 21 June 2017 267 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
4. When documenting existing and projected tourist visitors to demonstrate that a demand exists for the development, does the Assessment appropriately identify whether this relates to the tourists who are visiting theme parks located in proximity to the site or do these figures relate to all tourist facilities within the Gold Coast (eg other existing attractions within Surfers Paradise, Broadbeach, Mount Tamborine, etc)? The Economic Needs Assessment is based upon total visitors to the Gold Coast. The proposed Resort Hotel and Apartments were to accommodate short-term visitors, they would have accommodated almost 2.0% of total visitors attracted to the Gold Coast in 2014 if operational in that year and about 1.2% by 2030. Due to recognition of this comparison, the answer given to the previous question and the global examples of major theme park nodes being served by proximate hotel accommodation, the approach taken by the Assessment is not considered inadequate.
5. Does there exist an economic need for the proposed 1,200m2 of hotel retail space, 800m2 of Restaurant space and 200m2 of Public Bar? Will this amount of GFA detrimentally impact upon and detract from the existing facilities in proximity to the site? The limits have now changed to a Shop capacity of 800m2 and a Restaurant capacity of 1,000m2.
The Assessment has demonstrated that there is sufficient demand to support the supporting retail and other uses. Whilst adopting a slightly different rationale, this conclusion is supported.
The Assessment has concluded that this quantum of retail and other supporting uses would not detrimentally impact upon other facilities in proximity to the site. It is my opinion that these proposed uses would not undermine the centre network provided that the Resort Hotel and Apartments were developed at the same time to the scale proposed to generate demand for the proposed facilities.
There may be some detrimental impact upon the nearby Boatshed Tavern, although there would be an opportunity for each licensed facility to target different markets.
6. Will allowing the above residential yield and retail/commercial space detract from and detrimentally impact upon the focus areas identified for economic activity as per Strategic Framework Map 5 of the City Plan or will the development provide support for these key focus areas? Officers raise concern as to whether the development will compete with and potentially fragment the existing District Centre and proposed Principal Centre in proximity to the site. Strategic Framework Map 5 of the City Plan 2015 identifies several areas of economic activity near the subject site. These include the Coomera Principal Centre, the Upper Coomera and Oxenford District Centres, the Coomera River Marine Industry area, the Coomera General Industry area, the Coomera and Oxenford Mixed Use (Fringe Business) areas and the Theme Park corridor.
738th Council Meeting 21 June 2017 268 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
It is considered that the proposed Resort Hotel would support the Theme Park corridor and Coomera River Marine Industry area. It is not expected that it would impact upon or support the other economic activity areas, other than potentially delay the development of a Resort Hotel on land appropriately zoned for that use within the Coomera Principal Centre (and also adjoining Dreamworld). Ultimately, demand should be large enough to support multiple Resort Hotels in this area.
The Apartments proposed on the subject site would be much more likely to accommodate visitors, in contrast to Apartments located at the Coomera Town Centre, which would be expected to attract permanent residents. This issue undermine the notion that the two locations would compete for the same markets.
The proposed supporting retail and other uses on the subject site at the scale proposed are not expected to undermine the Coomera Principal Centre or the two District Centres provided that the proposed Resort Hotel and Apartments are developed on the subject site (at the scale proposed) to drive demand for these facilities. This is due to the small scale of the proposed retail and other uses and the theme of the proposed development in catering for the needs of visitors attracted to the Theme Park corridor.
7. A review of the Assessment in general to advise whether the recommendations/assertions of the Assessment are correct and provide reasons as to why or why not? This has been provided under the above heading, Preliminary Review. Essentially, the Assessment is reasonable in terms of the issues it covers. A combination of the town planning report and the Report on Open Space Planning Matters cover the remaining issues.
Conclusion
From a community, economic and planning need perspective, the applicant has demonstrated that: (a) The subject site is not required to be retained for Open Space purposes; (b) The proposed Resort Hotel and Apartments (for short-term visitor accommodation) are needed to strengthen the City’s tourism economy, accommodate projected future growth in visitor numbers and to support the Coomera Theme Park Corridor; (c) The proposed scale of supporting retail and other facilities are supported by the proposed Resort Hotel and Apartments; and (d) The proposed development would not cause a significant adverse economic impact upon other centres in the area.
There may be a need to add a link between the Resort Hotel/Apartments and the supporting retail and other facilities in the Development Code in order to avoid adverse impacts if the supporting retail and other facilities were developed prior to the Resort Hotel/Apartments.
I trust that this advice is sufficient for your present purposes. Please advise if I can be of further assistance.
738th Council Meeting 21 June 2017 269 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Yours faithfully Norling Consulting Pty Ltd
Jon Norling Director
Attachment 4 (page 1 of 30) 738th Council Meeting 21 June 2017 270 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
1 Vision
The overall vision of this master plan development is to provide a cohesive planning framework to guide the logical development for an integrated tourist facility that will optimize the sites locational advantage, being within the area defined as the ‘Coomera Tourist Attraction Cluster’. The development site, being adjacent to White Water World and Dreamworld, a short drive to other established theme parks such as Movie World, Outback Spectacular and Wet and Wild offers a unique opportunity to consolidate these key destinations with a large scale integrated tourist facility to meet their needs, allowing greater diversity of tourist accommodation, tourist facilities and related infrastructure to support changing tourists’ needs and meet international demand and expectation.
The resulting outcome will also benefit the broader community noting that the tourism industry provides the largest number of employment opportunities within the City, and is by far the greatest earner of revenue. [2003 Our Living City Planning Scheme, Planning Strategy, Key Strategies, Chapter 6 Tourism.1. Key Issues]
The developments focus on the provision of accommodation options also ensures these destinations can preserve opportunities for continuing tourism activity in keeping with their existing format without needing to compromise their already limited land to facilitate tourist accommodation and facilities which can be adequately catered for on a site such as that proposed given its more centralised location along the Pacific Motorway. Facilitating this development will assist their collective response to the existing and future demand drivers by increasing tourism related activities and accommodation infrastructure which will enhance the convenience and overall experience of visiting the city’s theme parks. The developments scale and urban design will promote a positive city image, maintain an acceptable amenity for nearby residents noting the considerable separation to the nearest dwelling and enhance the arrival experience to the City with what will be an appropriately scaled gateway development to the Coomera Tourist Attraction Cluster signifying the arrival to what is considered to be Australia's most important tourism centre, better consolidating the existing tourist precinct in an orderly and efficient manner adding diversity to the Gold Coast visitor experience.
This code seeks to provide a cohesive process to guide the logical development of the site. The code also ensures that future development will be of an appropriate scale and nature to facilitate the continued expansion of these surrounding theme parks to that of an international standard. Importantly, while this integrated tourist facility is considered integral in this growth, the development will in no way compete on a commercial level with any of the established or envisioned centres such as the Coomera Town Centre given the proposed integrated tourist facilities specific limitation to commercial (Shop) GFA.
2 Introduction
This Development Code, herein referred to as the “Coomera Master Plan Development Code”, forms part of a Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 (SPA 2009) over land located at Beattie Road, Coomera. The address, real property description and land area of the property is identified in Section 3.0 – Site Details, of the Coomera Master Development Code and is depicted on Coomera Master Development Code Drawing No. 3.1 “Site Detail” dated December 2016.
Pursuant to section 242 of the SPA 2009, the provisions of this Place Code will vary the effect of the local planning instrument (Planning Scheme) applying to the site to function as the primary planning instrument for the assessment of future development applications for material change of use and reconfiguration of a lot proposals lodged with respect to this site, or part thereof, in accordance with the Preliminary Approval. This is necessary to ensure that the development assessment regulatory framework facilitates the intended urban design/planning outcome in an efficient manner and to ensure the development responds to the unique characteristics of the site and integrates with surrounding development. This Preliminary Approval Coomera Master Plan Development Code does not seek to vary the effect of the local planning instrument with respect to development requirements associated with operational work applications.
The Coomera Master Plan Development Code incorporates relevant aspects of a more appropriate zoning designation over the site that more accurately reflects the site’s opportunities and benefits in the broader context of the city being a combination of Sub -Precinct 1c of the Coomera Town Centre Structure Plan of the Gold Coast Planning Scheme 03, Version 1.2 and of the Major Tourism Zone of the City Plan 2015 Version 3 as well as those provisions which seek to vary the effect of the Planning Scheme. This approach has been adopted to ensure a level of consistency with the format and content of the Planning Scheme. The main areas of difference where it is proposed to override the local planning instrument relate to land use, building height, residential density, plot ratio, site coverage, building setbacks and car parking rates. In doing so the Coomera Master Plan Development Code prevails over the local planning instrument as well as AS16/ PC16 of the Car Parking, Access and Transport Integration as the primary planning instrument for the assessment of future material change of use and/or reconfiguration of lot development applications lodged with respect to this site. 738th Council Meeting 21 June 2017 271 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
3 Site Details The site is located at Beattie Road, Coomera. In the absence of an allocated street number it is more accurately described as Lot 171 on SP267050 and comprises an approximate gross area of 1.92 Ha (19,200m2). Given the site is subject to conditional resumption of approximately 3,150m2 for the purposes of road widening on behalf of the Department of Infrastructure, Local Government and Planning (DILGP), the actual net site area is approximately 1.60 Ha (16,050m2).
4 Intent
The intent of the Coomera Master Plan Development Code is to provide integrated and detailed planning provisions to guide the future development of the Coomera Master Plan site to offer a unique opportunity to consolidate the surrounding large scale theme parks through an appropriately scaled integrated tourist facility. The development is to help meet their needs, allowing greater diversity of accommodation, tourist facilities and related infrastructure to support changing tourists’ needs and meet international demand and expectation. Such is intended to ensure the protection and enhancement of the existing attractions of Gold Coast City as a major tourist resource.
The Coomera Master Plan Development Code incorporates relevant provisions from the Coomera Local Area Plan Place Code as well as those provisions which seek to vary the effect of the Planning Scheme. This approach has been adopted to ensure consistency with the format and content of the Planning Scheme. In doing so the Coomera Master Plan Development Code prevails over the local planning instrument as the primary planning instrument for the assessment of future development applications for material change of use and reconfiguring a lot lodged with respect to this site.
The Coomera Master Plan Development Code acknowledges the development opportunities afforded to the site relative to its context derived from its location in the Coomera Tourist Attraction Cluster within the growing and diversified area of Coomera and planning considerations associated with:-
• The unique physical location along key transport corridors that offer offers prominent exposure to millions of passing motorists each year.
• The land use character associated with the concentration of tourist and entertainment activity.
• Planning objectives associated with enhancing the appeal of the City for visitors and tourists by:- upgrading the appearance of public areas; creating a more pedestrian friendly environment; improving traffic circulation; encouraging an increased range of service provision; improving community facilities, and, ensuring that future development complements the evolving character of City’s tourist industry with an attractive centre which is inviting to the whole community.
The Coomera Master Plan Development Code seeks to vary the effect of the Planning Scheme as relevant to issues associated with but not limited to land use, building height, residential density, site coverage, building setbacks and car parking rates. In doing so the Coomera Master Plan Development Code prevails as the primary planning instrument for the assessment of future development applications for material change of use lodged with respect to this site. In this context, the Coomera Master Plan Development Code will serve to facilitate the development of the site as an integrated tourist facility which:-
• accommodates multiple high rise buildings which achieve a building height, residential density and plot ratio which is commensurate with the intended function of the development in its role as an integrated tourist facility that will allow greater diversity of accommodation, tourist facilities and related infrastructure to support changing tourists’ needs and meet international demand and expectation.
• incorporates built form that will make a significant contribution to the character and legibility of the area through the achievement of a high standard of architectural and urban design resolution. Buildings will be configured to address public spaces and to relate well to one another. A limited range of non-residential land uses will be accommodated in the podium levels of these buildings to cater to the day to day convenience and entertainment needs of tourists and visitors; and
• contributes to the achievement of an urban landscape character that helps consolidate and promote the City’s image as a vibrant and functional destination.
738th Council Meeting 21 June 2017 272 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Each building will have a distinctive land use mix, level of development intensity and urban character which combine to promote an integrated tourist facility. This balance is expected to correlate with the code assessable elements noted in ‘Table 1 - Development Statistics - Overall Proposal’ that notes a building height of fifteen storeys, density of RD7(1 bedroom per 25m2) and convenience/tourist related retail area of 800m2 of GFA with additional areas to be used for food and beverage / tourist related retail area of 1,000 m2.
Each element will incorporate a medium/ high-rise tower anchored at ground level by a podium occupying any number of uses however more likely to be related to the provision of entertainment or recreational activities. • Non-residential land uses will generally be located adjacent to the periphery of the site or interfacing the internal boulevard intersecting the site or otherwise within the lobby areas of the mid/ high-rise towers. Non-residential land uses are generally limited to those land uses which cater to the daily convenience retail, dining, entertainment and recreation needs of those accommodated on the site and within the surrounding walkable catchment. • Vehicle access is provided from on Whitewater Way and Dreamworld Parkway which will connect through to the basement or podium level car parking areas. Additionally, a porte-cochere for passenger set down is also provided from Whitewater Way to create a vibrant entry experience on the site’s primary road frontage/address that is orientated towards the Pacific Motorway creating a clear destination ‘arrival point’ capitalising on the high exposure to the passing motorist. • Refuse and service vehicles are expected to access the site via Dreamworld Parkway which will also separate the potential impacts of service vehicle and visitor vehicle conflicts. • Communal open space areas and recreation facilities will be provided at grade and/or on-podium within each stage/ building or on adjoining stages/ buildings. It is also expected that a central recreation area will be provided that is accessible to the occupants of each precinct. The size, location and design of a central recreation area will be resolved at the detailed design phase. • All buildings must be designed and constructed to a high aesthetic standard, to address public streets and to achieve a built form outcome which is an attractive and functional, while also being complimentary to the intended character of the site being of a themed resort development.
5 Desired Environmental Outcomes 5.1 The promotion and enhancement of the City as Australia’s premier leisure tourist destination, including the consolidation of tourist and entertainment activities and ancillary activities in a location that will meet the needs of the many local attractions (refer to DEO Econ.4); 5.2 Encouragement of a vibrant and exciting built form that will enhance and promote the distinctive identity and sense of place for the Gold Coast City (refer to DEO Soc.1).
5.3 The Coomera Master Plan Development Code is intended to promote the development of the site in a manner which:-
5.3.1 Promotes economic growth and vitality of the broader City through the facilitation of domestic and international tourism to the Gold Coast City;
5.3.2 Enhances the image and attraction of the City to local, interstate and international visitors;
5.3.3 Creates an iconic gateway statement of arrival to the ‘Coomera Tourist Attraction Cluster’, on a site adjacent Dreamworld and the City’s key transport corridor (M1 Motorway);
5.3.4 Enriches the cultural and tourist appeal of the City;
5.3.5 Protects the amenity of residential areas; and
5.3.6 Ensures that development occurs in an environmentally responsible manner and in an orderly sequence. 738th Council Meeting 21 June 2017 273 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
6 Application / Implementation 6.1 The Coomera Master Plan Development Code forms part of a Preliminary Approval pursuant to section 242 of the SPA 2009; 6.2 The Coomera Master Plan Development Code applies to all development making a material change of use and reconfiguring a lot and which is located within the boundaries of the site, as indicated on Coomera Master Plan Development Code Drawing No. 3.1 “Site Detail” dated December 2016. 6.3 The Coomera Master Plan Development Code identifies the level of assessment of developments for making a material change of use or reconfiguring a lot and which is located within the boundaries of the site; 6.4 The codes that are relevant to the assessment of development making a material change of use or and reconfiguring a lot and which is located within the boundaries of the site are listed in section 10.0; 6.5 Self assessable development making a material change of use is consistent with the intent and desired environmental outcomes of the Coomera Master Plan Development Code, and therefore need only comply with the acceptable solutions of the Coomera Master Plan Development Code. For Development making a material change of use that is identified as self assessable in the table of development, only Acceptable Solutions to Performance Criteria PC1 to PC12 apply. 6.6 To implement the development outcome contemplated for the site, the Coomera Master Plan Development Code is supported by the following key components:- 6.6.1 A “Table of Development” which specifies the level of assessment that applies to development making a material change of use or reconfiguring a lot and which is located within the boundaries of the site. Although a broad range of land uses are included in the Table of Development that are considered appropriate for the subject site (having regard to the locational attributes of the site and proposed development outcome), it is quite likely some land uses will never eventuate and in this regard the intention has been to provide flexibility in the future occupancy of tenancies in this mixed use community. Where a land use is identified as “self assessable” but does not comply with the applicable Acceptable Solutions of relevant Codes, then the next highest level of assessment will apply being Code Assessment - unless the provisions of the Gold Coast Planning Scheme in force and effect at the time of lodgement of future applications allow otherwise. Where a land use is identified as “code assessable” but does not comply with the applicable Acceptable Solutions of the Coomera Master Development Code, it will not trigger Impact Assessment except for instances where the thresholds for building height and residential density are exceeded as specified in the “Overlay Provisions” - unless the provisions of the Gold Coast Planning Scheme in force and effect at the time of lodgement of future applications allow otherwise. 6.6.2 “Overlay Provisions” that specify a higher level of assessment for land uses exceeding certain thresholds such as building height and residential density - unless the provisions of the Gold Coast Planning Scheme in force and effect at the time of lodgement of future applications allow otherwise. “Development Requirements” that seek to facilitate the intended urban design and planning outcome for development making a material change of use or reconfiguring a lot and which is located within the boundaries of the site. 6.6.3 “Plans and Drawings” which illustrate the conceptual/indicative master planning and urban design outcomes that the development is to comply with • Coomera Master Plan Development Code Drawing No. 3.1 “Site Detail”, dated December 2016. • Coomera Master Plan Development Code Drawing No. 3.2 “Road Resumption - Pacific Motorway Expansion & Overpass”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.1 “Urban Design Intent”, dated December 2016, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.2 “Built Form”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.3 “Access Points”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.4 “Building Heights”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5 “Edge Conditions”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.1 “Dreamworld Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.2 “School Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.3 “Service Station Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.4 “Pacific Motorway Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.6 “Major Tourism Setback Requirement”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.7 “Tower Separation”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.8 “Public Access”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.9 “Site Cover”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.11 “Landscape Design Intent”, dated December 2016; • Coomera Master Plan Development Code “Concept Masterplan”, dated March 2017; • Coomera Master Plan Development Code “Ground Level”, dated March 2017; • Coomera Master Plan Development Code “Podium Level”, dated December 2016.
738th Council Meeting 21 June 2017 274 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
The development is to be in accordance with the above listed plans/ drawings and must comply with minimum setbacks, maximum site cover and other key parameters as noted in the respective plans. This Preliminary Approval varies the effect of the Local Planning Instrument applying to the site. Where there is any discrepancy between the Coomera Master Development Code and the requirements of the Local Planning Instrument, the Coomera Master Plan Development Code takes precedence over the provisions of any other Planning Scheme Code including any Place Code or Specific Development Code. In all cases the provisions of the relevant Constraint Code always take precedence over the provisions of any Specific Development Code. In cases where the provisions of a Constraint Code, other than the Car Parking, Access and Transport Integration Code, contradict provisions of any other relevant Code (including the Development Code), the provisions of the Constraint Code take precedence. The implementation of this Preliminary Approval requires further detailed applications to Council for approval, including: • Development Permits for Material Change of Use for each Stage of development assessed pursuant to the development requirements of this Preliminary Approval; • Development Permits for Reconfiguration of a Lot assessed pursuant to the development requirements of this Preliminary Approval; and • Development Permits for Operational Works assessed pursuant to the development requirements of the Planning Scheme. Again, this Preliminary Approval specifically notes that further applications seeking a Development Permit for Material Change of Use or Reconfiguration of a Lot are required to be lodged and approved by Council for each Stage of development before commencement of building works on site. The level of assessment that applies to each Material Change of Use application or Reconfiguration of a Lot is determined by the Table of Assessment contained in this Coomera Master Development Code. All future applications are to be made in accordance with the appropriate provisions of the SPA 2009 and the Sustainable Planning Regulation 2009.
7 Development Statistics The proposal provides for the establishment of a site specific development assessment framework for the planning of the future development of the site that support the needs of tourists and visitors to facilitate the continued expansion of these surrounding theme parks to that of an international standard. It contemplates the construction of a broad spectrum of building typologies conducive to an integrated tourist development that will include tourist facilities that provide recreational enjoyment for tourists and include ancillary activities such as shops, food and drink outlet, accommodation and function facilities. Importantly, this integrated tourist facility will in no way compete on a commercial level with any of the established or envisioned centres such as the Coomera Town Centre given the proposed integrated tourist facilities specific limitation to commercial (Shop) GFA.
Buildings located adjacent to: • Beattie Road are intended to be designed in anticipation of a future State- controlled road that will excise part of the site with appropriate amelioration being implemented such as non-permanent embellishments in the area. Building form up to 5 storeys within 4m of the property boundary, and 6m setback above 5 storeys in height. • Whitewater Way are intended to be configured to improve visual amenity and provide a sufficient buffer to the Pacific Motorway, addressing the key objectives of noise and visual privacy. The extensive landscape buffer should create a soft edge against the proposed built form, reduce acoustic levels, create visual privacy and amenity for the proposed development. Building form up to 5 storeys within 4m of the property boundary, and 6m setback above 5 storeys in height. • The adjacent Service Station is to create a hard edge between the two sites, dividing non compatible uses. Building form up to 1 storey in height without setback, 2-5 storeys a 4m setback and 6m setback above 5 storeys in height. Dreamworld Parkway is to improve the amenity of the streetscape, provide sufficient buffering to Dreamworld Parkway and create a safe environment for pedestrian movement. Building form up to 2 storeys within 4m of the property boundary, and 6m setback above 3 storeys in height. The internal boulevard is intended to a fine grain interface to the boulevard and external linkages to promote a ‘vibrant and exciting atmosphere offering many recreational choices and amenities. No vehicle movement will be undertaken in this environment to promote the family environment of the development. Extensive landscape areas are provided at ground level and on-podium to contribute to the landscape character envisaged for the site and to accommodate the recreational needs of future residents. Urban enhancements and streetscape improvements are also contemplated along all street frontages. The main development statistics of the overall proposal are summarised in Table 1 below.
738th Council Meeting 21 June 2017 275 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Table 1 - Development Statistics - Overall Proposal
DEVELOPMENT STATISTICS PROPOSED SITE AREA 16,050m² GROSS FLOOR AREA (GFA) 56,175m² Basic 3.5:1 PLOT RATIO Maximum plot ratio 4:1 DENSITY RD7 – 1 bedroom per 25m2 TOTAL BEDROOMS 642 SITE COVER 80% (FIRST AND SECOND STOREY) SITE COVER 50% (THIRD STOREY AND ABOVE) • 15 storeys or 52 metres (Code Assessable) • >15 storeys or >52 metres (Impact assessable) MAXIMUM HEIGHT - (STOREYS) Note The first two storeys can be no more than 6.50 metres in height per storey. Should this height be exceeded it will be defined as an additional storey. ROAD WIDENING 3,150m² (approximate) * All figures and statistics quoted above are based on net site area • Any development proposal that is seeking to exceed the Code Assessable building height or density parameters noted above is to be assessed against the higher order parameters (Vision / Intent/ DEO’s) of this Scheme that it is in effect upon approval.
8 Land Use Definitions All terms used in the Coomera Master Development Code are to be read consistent with the definitions contained in the SPA 2009. This part of the Coomera Master Development Code provides use or development definitions which are applicable to the development of the site and which have been extracted from the Planning Scheme. The Coomera Master Development Code does not include explanatory definitions and instead relies on the explanatory definitions contained in the Planning Scheme. Any undefined terms used in the Coomera Master Development Code are intended to have the meaning assigned to them in by the Gold Coast Planning Scheme 2003and if not included within this document, then the Macquarie Dictionary. Any question as to whether a use or proposed use is contained within a definition, or a class of use, shall be determined by Council or its delegate. 8.1 Use Definitions The following land uses are included in the Coomera Master Development Code - Table of Development and the level of assessment has been nominated for each. For ease of future reference, all proposed land use definitions are stated below.
Amusement Parlour A building that contains: • three or more coin, card or token operated amusement machines; or • two or more coin, card or token operated billiard, snooker or pool tables. This term does not include a Tavern, Nightclub or Tourist Facility 738th Council Meeting 21 June 2017 276 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Apartment A dwelling that has another dwelling immediately above or below it. It also includes dwellings contained in mixed use buildings located immediately above, below or abutting non-residential uses. This term does not include an attached dwelling.
Cafe Premises in which refreshments or meals are served to the public for gain, but where alcohol is not consumed, dancing is not performed, and only one person may provide live entertainment. This term does not include a Restaurant or Tavern.
Convenience Shop A shop with a GFA not exceeding 150m² that sells food for human consumption and which may also sell or hire other convenience goods.
Indoor Recreation Facility Any building used or intended to be used for indoor leisure, recreation or sport, including training and instruction in sport and leisure activities. This term does not include a Nightclub, Restaurant, or Community Purposes such as a museum, art gallery or hall.
Kiosk Any premises used for or intended for use for the sale of general merchandise including food where such premises do not exceed a total use area of 25 square meters. The premises may be located within a tourist facility, caravan park, relocatable home park or within any other residential development where the number of dwelling units on the premises is not less than 30. This term does not include a shop, restaurant, take-take-away food premises or convenience shop as elsewhere defined in this Scheme.
Low Impact Telecommunications Facility A low impact facility as defined in the Telecommunications Act 1997.
Market Premises, generally outdoors, used, or intended to be used, to sell goods, including foodstuffs from booths. This term generally applies to retail arts and crafts markets, flea markets and the like. This term does not include a shop or Take-Away Food Premises.
Minor Change in the Scale or Intensity of an Existing Use A change in the intensity or scale of an existing use that does not exceed any of the following: • the limits expressed in the approved Plan of Development (or approved Management Plan) for the premises, where applicable; • an increase of 25m2 of total use area; • an increase in the number of separate tenancies occupying the premises; and • any extension of commercial operating hours on the premises, into and within the period between 7pm and 7am on any day. • any change of use within a lawfully established tenancy that involves internal fitout only for any land uses identified in the exempt, self assessable and/or code assessable columns of the table of development of this preliminary approval.
Minor Tourist Facility Any premises not exceeding a total use area of 150m2 used, or intended to be used, primarily for the purpose of providing small scale recreation, entertainment or attractions for the general touring public. This term includes eating facilities for tourists only where such facilities are ancillary to the recreation, entertainment or attractions on site and the seating capacity does not exceed 40 persons. This term does not include a Cafe, Fast Food Premises, Take-Away Food Premises, Restaurant or Reception Room, nor does it include a Shop or Market, Public Recreation or any residential use.
738th Council Meeting 21 June 2017 277 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Park Any land which is normally open to the public without charge and which is used for, or intended for use, for open air recreation. This land will have at least one of the following characteristics: • it has been ornamentally laid out or prepared; • it is maintained so as to preserve or enhance its beauty, including its flora, fauna and geological or physiographical features; • it has been prepared or is maintained as a grassed area or buffer, either with or without trees or shrubbery; • it has been prepared or is maintained so as to be suitable for informal open air recreation. The term includes any one or more of the following facilities provided for the enjoyment or convenience of the public at such premises, and any other buildings, structures or development ancillary to the park: ƒ picnic places, scenic lookouts, routes for nature study, car parking areas, bikeways and footways; • information and display areas for the promotion of the park; • shelters and other public conveniences; • children's play areas; • structures, surfacing or equipment provided for informal sport or physical exercise; • sculptures, fountains, ponds or other decorative devices; • band stands; • maintenance sheds and depots.
It does not include Indoor Recreation or Open Sports Ground, as separately defined in this Planning Scheme.Private Recreation The use and development of land for private recreation purposes, e.g. tennis courts, where this is ancillary to an existing or approved residential use on the same site. The total area used for the private recreation activity does not exceed 0.5 hectares.
Public Utility
Land, buildings, structures or infrastructure, usually owned by a government, local government or government agency (or held and operated through agreement with government, local government or government agencies), or regulated by legislation and used for, or in the nature of, any of the following:
• railway and associated facilities, busway and associated facilities, light rail and associated facilities, tramway, road transport or air transport purposes; • to transmit or distribute gas, oil or power; • to collect, treat, transmit, store or distribute water; • to collect, treat or dispose of storm or flood water, sewage or sullage; • the provision or maintenance of roads or traffic controls; • the provision of postal, telecommunication, television or broadcasting services; and • any freestanding structure in the nature of a column, flagpole, antenna, mast, monument or other similar structure.
This term includes maintenance and storage depots and other facilities used in conjunction with the establishment, use, operation and maintenance of the public utility. It excludes ‘Telecommunications Facility’ as elsewhere defined in this Part. This term excludes the use of premises for road transport, maintenance of roads or traffic controls or disposal of stormwater, undertaken by the state government as defined in the Transport Infrastructure Act 1994.
Reception Room Any premises used, or intended to be used, for the conduct of receptions or functions at which food or drink is served. This term does not include a Restaurant, Indoor Recreation, Tavern, Resort Hotel or Cafe.
Restaurant Any premises used, or intended to be used, for the serving of meals to the public for gain, where entertainment, including dancing, may be provided and alcohol may be served, subject to an on premises meals licence being issued under the Liquor Act 1992. This term includes the provision of an ancillary take-away food service. It does not include a Fast Food Premises, Take-Away Food Premises, Tavern, Adult Entertainment Premises, Nightclub or Reception Rooms.
Resort Hotel Any premises used or intended to be used to provide accommodation for persons away from their normal place of residence, and where provision is made for leisure, sporting and entertainment facilities to be used by guests and visitors to the premises. Ancillary facilities must include one or more of the following: restaurants, bars, nightclubs, reception rooms and/or convention facilities. This term does not include a Motel, Apartment or Hostel Accommodation. 738th Council Meeting 21 June 2017 278 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Shop Any premises used, or intended to be used, for the sale or hire of goods to members of the public. This term includes the display of goods for sale and the rendering of personal services by retail. It does not include a Tavern, Manufacturer's Shop, Cafe, Restaurant, Retail Plant Nursery, Service Industry Premises, Service Station, Shopping Centre Development, Showroom, Convenience Shop, Take-Away Food Premises, Fast Food Premises, Tourist Shop, Vehicle Hire, Vehicle Sales, Warehouse or Commercial Services.
Substantial Structure Any premises used, or intended to be used, for the erection of any freestanding structure in the nature of a column, flagpole, antenna, mast, monument or similar structure which exceeds 10 metres in height. This term does not include High Impact Telecommunications Facility, Low Impact Telecommunications Facility, Public Utility and Telecommunications Facility.
Take-Away Food Premises Any premises used, or intended to be used, for the sale to the public of prepared food which is ready for immediate consumption and which is packaged so that it can be taken and consumed away from the premises. This term includes the provision of ancillary facilities for the consumption of food on the premises. It does not include a cafe, restaurant or fast food premises.
Tavern Any premises used, or intended to be used, primarily for the serving of alcohol and for which a general licence has been issued under the Liquor Act 1992 or any subsequent relevant legislation. Ancillary uses may include the serving of food and the provision of entertainment. This term includes bars and non-residential hotels. It may include a Totalisator Agency Board. It does not include Reception Rooms, Adult Entertainment Premises, Nightclubs or Cabarets.
Telecommunications Facility The use of premises for a facility as defined in the Telecommunications Act 1997.
Temporary Use A use that is irregular or infrequent that does not require the construction of a permanent building, the installation of permanent infrastructure or services, or works such as vegetation clearing or other operational work. A temporary use must not occur for more than 28 days in any one calendar year.
Tourist Facility Any premises used, or intended to be used, for providing entertainment, recreation or similar facilities for the general touring or holidaying public. This term does not include a Restaurant or Nightclub.
Tourist Shop Any premises used, or intended to be used, for the sale, displaying or offering for sale of souvenirs, gifts, duty free goods or other tourist-oriented goods, mainly to the general touring or holidaying public and where such premises are ancillary to other tourist uses or tourist accommodation. This term does not include a Shop, Take-Away Food Premises or Restaurant.
9 Table of Development 9.1 Coomera Master Development Code - Table of Development The following tables of assessment will apply to any Material Change of Use and Reconfiguration of a Lot application lodged after the approval of this preliminary approval. The uses shown in the table are as defined in Section 8.0 of the Coomera Master Development Code. To establish the assessment status of any individual development proposal the entire Table of Development must be used, as the triggers in the consecutive sections of the table are intended to be cumulative. If a proposed development is identified as having exceeded one or more of the triggers identified in any relevant section of the Table of Development, then the highest assessment category applies as follows: ▪ self assessable prevails over exempt; ▪ code assessable prevails over self assessable or exempt; and ▪ impact assessable prevails over self or code assessable or exempt. All land uses included in PART A: Material Change of Use of the Table of Development may be considered as appropriate for the site to which the Table of Development applies, subject to each land use meeting the relevant assessment criteria. Any land use not listed in Section A of the Table of Development, should be considered as undesirable or inappropriate on the site to which the Table of Development applies. Any Material Change of Use not individually listed in Section A of the relevant Table of Development, will be treated as impact assessable, except where this would conflict with the provisions of the Sustainable Planning Regulations 2009 (SPR). Note that any proposal for a height or density greater than that allowed under the Coomera Master Development Code will require Impact Assessment as outlined in Part B of the Table of Assessment.
738th Council Meeting 21 June 2017 279 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PART A: MATERIAL CHANGE OF USE EXEMPT SELF ASSESSABLE CODE ASSESSABLE IMPACT ASSESSABLE Low-Impact Telecommunications Facility Private Recreation (where lighting is proposed) Amusement Parlour Shop n.e.i Minor Change in the scale or intensity of an existing Temporary Use Apartment Tavern lawful use Park Convenience Shop where operating within the Cafe hours 6am to 10pm and where not involving building work Convenience Shop n.e.i Private Recreation n.e.i Indoor Recreation Facility Public Utility Kiosk Market Minor Tourist Facility Outdoor Sport and Recreation Reception Room Resort Hotel Restaurant (where the total resulting (Restaurant) GFA is not greater than 1,000m²) Shop (where the total resulting GFA is not greater than ². 800m² and no tenancy has a GFA larger than 300m²) Take Away Food Premises Telecommunications Facility n.e.i Tourist Facility Tourist Shop PART B: MATERIAL CHANGE OF USE OVERLAY PROVISIONS EXEMPT SELF ASSESSABLE CODE ASSESSABLE IMPACT ASSESSABLE Material Change of Use involving Building Work that: Does not exceed the maximum number of storeys Exceeds the maximum number of storeys identified for each building as shown on Coomera Master identified for each building as shown on Coomera Plan Development Code Plan No. 4.4 “Building Master Plan Development Code Plan No. 4.4 Heights”. “Building Heights”..
Exceeds a residential density of RD7 being 1 bedroom for every 25m2 (642 bedrooms). is located on a site nominated as a Medium, High or is located on a site nominated as a Medium, High or Very Very High Risk Area on Overlay Map 16 – Areas of High Risk Area on Overlay Map 16 – Areas of Unstable Unstable Soils and Areas of Potential Land Slip Soils and Areas of Potential Land Slip Hazard, and Hazard, and complies with the Acceptable Solutions of alternative solutions to the Acceptable Solutions of Constraint Code 16 – Steep Slopes or Unstable Soils Constraint Code 16 – Steep Slopes or Unstable Soils are 738th Council Meeting 21 June 2017 280 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
proposed. is located in a Medium or High Potential Bushfire is located in a Medium or High Potential Bushfire Hazard Hazard Area, as identified on Overlay Map OM10 – Area, as identified on Overlay Map OM10 – Potential Potential Bushfire Hazard Areas, and complies with Bushfire Hazard Areas, and alternative solutions to the the Acceptable Solutions of Constraint Code 2 – Acceptable Solutions of Constraint Code 2 – Bushfire Bushfire Management Areas Management Areas are proposed is on a site identified on Overlay Map OM13 – Building is on a site identified on Overlay Map OM13 – Building Setback Line from Canals and Waterways as being Setback Line from Canals and Waterways as being affected by a waterway building setback, and is in affected by a waterway building setback, and alternative compliance with the Acceptable Solutions of solutions to the Acceptable Solutions of Constraint Code 3 Constraint Code 3 – Canals and Waterways – Canals and Waterways are proposed is on or adjoins a site listed on the Queensland Heritage Register (Queensland Heritage Act 1992) or the Register of the National Estate (Australian Heritage Commission Act 1975) or the National Trust of Queensland list is within or adjoins an allotment containing places, sites, or landscapes of indigenous cultural heritage significance listed on the Queensland Heritage Register – Cultural Records (Landscapes Queensland and Queensland Estate) Act 1987; OR is located on land which is the subject of a native title claim; OR is located on land that is known to the owner and/or the developer to be of indigenous cultural heritage value would result in a residential dwelling being located within 500 metres of a lot containing an extractive industry operation or resource (hard rock quarrying) or within 200 metres of a lot containing an extractive industry operation or resource (sand and gravel operations), as defined on Overlay Map OM23 – Extractive Resources is on a site identified on the Domain Maps as being is on a site identified on the Domain Maps as being affected affected by Future Road Requirement and complies by Future Road Requirement and alternative solutions to with the Acceptable Solutions of Constraint Code 4 – the Acceptable Solutions of Constraint Code 4 – Car Car Parking, Access and Transport Integration Parking, Access and Transport Integration are proposed
738th Council Meeting 21 June 2017 281 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PART C: RECONFIGURING A LOT OVERLAY PROVISIONS EXEMPT SELF ASSESSABLE CODE ASSESSABLE IMPACT ASSESSABLE Reconfiguring a Lot that: If the reconfiguration: Any reconfiguring a lot that does not meet the (a) rearranges the boundaries of a lot and results in no code assessable criteria additional lots; or (b) results in no lots with an area less than the minimum lot size of 1,000m2
Note: The lot size referenced does not apply to land that is to be dedicated to Council or State for open space or infrastructure purposes. OR entails only a Community Title Subdivision (including Standard Format Plans and/or Volumetric Lots) or a Volumetric Lot within a building, or a leasehold subdivision of an existing or approved development Dividing land by way of a lease for a term, including renewal would create the potential for a residential options, exceeding 10 years. dwelling to be located within 500 metres of a lot containing an extractive industry operation or resource (hard rock quarrying) or within 200 metres of a lot containing an extractive industry operation or resource (sand and gravel operations), as defined on Overlay Map OM23 – Extractive Resources Creating an easement giving access to a lot from a constructed road
738th Council Meeting 21 June 2017 282 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
10 RELEVANT CODES Codes relevant for development assessment in the Coomera Master Plan Development Code are listed below. The Coomera Master Plan Development Code applies in all cases. A Specific Development Code will only apply if that specific development is proposed. A Constraint Code will only apply where the proposed development is directly impacted by the constraint that is the subject of that code.
10.1 Self Assessable Development The following codes apply to development that is self-assessable in the Coomera Master Plan Development Code.
PLACE CODE SPECIFIC DEVELOPMENT CODES CONSTRAINT CODES Coomera Master Plan Development Code 2 Advertising Devices 4 Car Parking, Access and Transport Integration 25 Private Recreation 27 Retail and Related Establishment 34 Temporary Use
10.2 Material Change of Use The following codes apply to development that is Code or Impact Assessable Material Change of Use in the Coomera Master Plan Development Code.
PLACE CODE SPECIFIC DEVELOPMENT CODES CONSTRAINT CODES Coomera Master Plan Development Code 19 High Rise Residential and Tourist Accommodation 4 Car Parking, Access and Transport Integration 21 Landscape Work 13 Road Traffic Noise Management 22 Low Rise Apartment Building 14 Sediment and Erosion Control 23 Low Rise Commercial Tourist Accommodation 15 Service Roads (Pacific Motorway) 24 Office 25 Private Recreation 27 Retail and Related Establishments 33 Telecommunications Facilities 39 Works for Infrastructure
10.3 Coomera Master Plan Place Code 10.3.1 Purpose 10.3.2 The Coomera Master Plan Development Code seeks to ensure that the scale, density and type of development in particular, the design and appearance of buildings, is consistent with the intent of the Coomera Master Plan Development Code and the intended large scale integrated tourist facility will provide accommodation, recreational enjoyment for tourists and include ancillary activities such as shops and food and drink outlets.
738th Council Meeting 21 June 2017 283 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
10.3.3 Application The Coomera Master Plan Development Code applies to all development indicated as self, code or impact assessment in the table of development of this Code. Performance Criteria PC1-PC48 apply to all code and impact assessable development in this Development Code. For Development identified as self assessable in the table of development only the Acceptable Solutions to Performance Criteria PC1 to PC12 apply.
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS DEVELOPMENT THAT IS SELF ASSESSABLE, CODE ASSESSABLE OR IMPACT ASSESSABLE Integrated Development PC1 AS1 All development is to be of a use, form and character that are consistent The development is to read as a large scale integrated tourist facility to support theme park land uses with a range of ancillary activities such as such as with ‘Section 4 Intent’ of the Coomera Masterplan Development Code. Any shops, food and drink outlet, accommodation options and function facilities. staging of the development is to ensure the development achieves an attractive and functional integrated environment. PC2 AS2.1 The integrated development must be capable of demonstrating If staged, the integrated development must be capable of accommodating adequate services and facilities to service the requirements of tourists and visitors conformance with the purpose of all relevant performance criteria, prior to of the development, within the physical area of each stage or on adjoining stages. the commencement of the use of the final stage of the development. AS2.2 Any balance portion of the site that has been fragmented due to a staged If required, management arrangements such as volumetric subdivisions and easements will be implemented prior to the commencement of the use of each development must be suitably landscaped to provide an attractive and stage of the development to allow the use of facilities, infrastructure and land which is within the boundaries of the Coomera Master Plan Development Code pleasant outlook. but external to the stage on which the development is located. AS2.3 Each stage must be designed to integrate with adjoining stages as a holistic urban design outcome. All applicable development criteria can be satisfied prior to the completion of the final stage of the development. PC3 AS3.1 Urban enhancements must be provided in the local area of the site. All buildings which exceed five storeys in height will achieve a minimum rating of four stars under version 1 of the Green Building Council of Australia Multi- Unit Residential Tool. AS3.2 Any improvements that are considered to be trunk or non-trunk infrastructure are to be negotiated with and agreed to by Council with an ability for an infrastructure agreement to be entered into if required.
738th Council Meeting 21 June 2017 284 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS PC4 AS4.1 Any land required for road widening purposes must be dedicated Land required for road-widening purposes as generally depicted on Coomera Master Plan Development Code Plan No. 3.2 “Road Resumption - Pacific Motorway Expansion & Overpass” shall be dedicated to the respective stakeholder in accordance with any identified Condition of approval. AS4.2 Any land required for road-widening purposes shall be dedicated at the landowner’s cost. AS4.3 Road upgrades are to be in accordance with Council’s Transport Network - Infrastructure Map (IM2 - 7 Coomera). PC5 AS5.1 Development does not compromise the Activity Centres hierarchy of the a) No retail tenancy has a GFA larger than 300m². Gold Coast. b) The maximum area for convenience / tourist related retail space is 800m². b) The maximum area for food and beverage / tourist related retail space is 1,000m².
AS5.2 Any retail land uses specified within the Table of Development, not associated with the Resort Hotel is limited to a combined maximum GFA of 1,800m²
AS5.3 To ensure the overall tourist intent of the site is assured, there is no limitation to the size of a tourist, amusement or recreation type facilities. Specific uses include but are not limited to Outdoor Sport and Recreation, Reception Room, Amusement Parlour; Indoor Recreation Facility; Minor Tourist Facility; Tourist Facility; Tourist Shop.
Building Height PC6 AS6 In general, the height of buildings will be generous to encourage high rise The height of buildings does not exceed fifteen (15) storeys or 52 metres development, promoting the unique dynamics of the site in the context of a themed, major tourist resort as noted in ‘Section 4 Intent’ of the Coomera Master Plan Development Code PC7 AS7 The height of the buildings does not cause adverse impact on neighbouring Buildings are configured to ensure that all windows of habitable rooms are not provided in a direct alignment of the windows of habitable rooms of buildings sites located outside the boundaries of the Coomera Master Plan located external to the site unless:- Development Code. The development opportunities of the neighbouring sites are considered, when assessing impacts of development. Transitional a) A minimum separation distance of 10m is achieved between the windows or open space of existing buildings and the windows of proposed buildings; building heights and articulated facades are required to avoid a wall type or effect along the sites boundaries. b) The windows of habitable rooms of proposed buildings which are located within 10m of the windows of habitable rooms of buildings external to the site:- i. Have a sill height not less than 1.7m; or ii. Incorporate obscure glazing or fixed screens to a height of not less than 1.7m; or iii. Where located at ground level, views to nearby properties are obscured by fencing or landscaping. PC8 AS8 The height of the podium is to be no more than 13 metres. No acceptable solution provided. 738th Council Meeting 21 June 2017 285 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Accommodation Density PC9 AS9 The maximum residential density of the development does not exceed RD7 No acceptable solution provided. being 1 bedroom for every 25m2 of net site area (642 bedrooms).
Accordingly, high density development that can be comfortably accommodated on the development site through sensitive urban edge architecture is appropriate where it supports the tourist and residential land uses along with supplementing the evolving needs of surrounding industries and facilities. Adequate infrastructure capacity is required to accommodate any proposed development.
Site Coverage PC10 AS10.1 The site coverage of development must be in accordance with the function Site cover does not exceed 80% of the net site area for the first two storeys. of the site and its relationship with surrounding developments. AS10.2 Development is to allow areas for high quality landscaping and streetscape The cumulative site coverage of those parts of the building above the second storey does not exceed 50% of the net site area. treatments and ensure adequate space for car parking, servicing, storage, communal open space and other necessary aspects required to support the land use. Building Setback PC11 AS11.1 Building setbacks must contribute to an interesting and attractive street All buildings fronting Beattie Road are setback, generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.5.1 “Dreamworld perspective and to the visual amenity of Coomera. Buildings must provide Interface”. for setbacks from the street frontage and the side and rear boundaries of the site, which are appropriate for the: a) efficient use of the site; b) local character of the area; c) effective separation from neighbouring properties and from frontages to roads. d) promoting opportunities for roadside dining in appropriate locations. e) assist in the protection of adjacent amenity. f) enable wide landscape buffers to the motorway corridors. 738th Council Meeting 21 June 2017 286 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS
AS11.2 All buildings fronting Dreamworld Parkway are setback, generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.5.2 “School Interface”. 738th Council Meeting 21 June 2017 287 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS
AS11.3 All buildings facing the adjoining site to the south ere setback, generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.5.3 “Service Station Interface”. 738th Council Meeting 21 June 2017 288 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS
AS11.4 All buildings fronting Whitewater Way are setback, generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.5.4 “Pacific Motorway Interface”.
738th Council Meeting 21 June 2017 289 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS
AS11.5 The setback of those parts of buildings that are considered sensitive land uses are setback no less than 80 metres from the Dreamworld property boundary generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.6 “Major Tourism Setback Requirement”.
AS11.6 The minimum set back between towers is a distance of 12 meters generally in accordance, with Coomera Master Plan Development Code Drawing No. 4.7 “Tower Separation”.
PC12 AS12.1 Any section of a building built to the lot boundary must be limited in length Walls built to the side boundary have an average height not exceeding nine metres. to protect reasonable neighbour amenity expectations and, in particular, to ensure an efficient arrangement on the adjoining property can still be AS12.2.1 achieved. Walls built to the side boundary do not exceed 80% of the length of the adjacent side boundary. OR AS12.2.2 Where there is an existing wall on the adjacent side boundary, the length of the new boundary wall may match that of the existing wall. OR AS12.2.3 Where slope, retaining walls, fences and/or dwelling design would result in the effective height of a boundary wall being less than two metres on the adjacent property boundary, the new boundary wall may extend the full length of the side or rear boundary, less any front boundary setback distance.
AS12.3 Walls on boundaries are suitably fire rated. Vehicular Crossings PC13 AS13 Driveways are designed and constructed in accordance with relevant Vehicular crossings associated with the development must be designed and constructed to ensure: sections of the City Plan Policy 6.9 – Land Development Guidelines. a) a safe footpath environment; b) safe vehicular access to the property; c) appropriate hydraulic performance of the stormwater infrastructure; d) no damage to vehicle or road infrastructure; e) minimal loss of on-street parking spaces; f) continued amenity of the neighbourhood. 738th Council Meeting 21 June 2017 290 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Development that is Code Assessable or Impact Assessable Siting PC14 AS14 All buildings must be sited to complement the special tourist character of No acceptable solution provided. the surrounding area, and to reduce potential conflicts between uses having regard to a site analysis, prepared in accordance with City Plan 6.11 – Site Analysis. PC15 AS15 The layout of the site must provide a clear separation between the public No acceptable solution provided. access areas and the areas set aside for servicing the building. Frontage Controls PC16 AS16.1 Building setbacks, building design and frontage design will contribute to an Lengths of wall in excess of 25 metres are not provided on the same alignment. interesting street perspective and to the visual amenity of the area. AS16.2 Design and siting of new buildings within an existing street must ensure that Outdoor areas fronting the street, such as unenclosed decks, terraces and balconies, do not: the existing streetscape and character are maintained or enhanced a) extend beyond the front property boundary of the site; b) adversely affect adjoining developments; or c) result in adverse visual impacts, due to the loss of suitable building setbacks.
AS16.3 Entry statements do not extend beyond the property boundary of the site.
Building Appearance PC17 AS17.1 Building and frontage design must contribute to a visually interesting and Building design achieves a balance of horizontal and vertical elements that may include; detail rich street and public space environment that is sympathetic to human a. defining a base, body and top to the tower built form sensibilities. b. expressing the structure, key datum lines, floor levels and layout; and Building design must reinforce 'place' consistent with the intent for the c. articulating building entries and circulation Coomera Master Plan Development.
Building design must promote visual amenity consistent with the intent for AS17.2 the Coomera Master Plan Development and its role as a large scale integrated tourist facility. Lengths of wall in excess of 25 metres are not provided on the same alignment. Design and siting of new buildings in a new street must achieve a variety of building forms. AS17.3 Building forms, especially adjacent public and communal areas shall promote active and dynamic street environments that are generous, and nurture pedestrian and social activities and promote sympathetic response to human sensibilities through, variety, visual interest/ detail.
AS17.4 All new buildings should be broken up into distinct building forms, such as; a. The ground level commercial form, addressing the public realm. 738th Council Meeting 21 June 2017 291 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS b. A mixed use podium form, framing the public realm and streets. c. The Individual towers set back from the podium edges.
AS17.5 Outdoor areas fronting the street such as unenclosed decks, terraces and balconies, do not: a. extend beyond the front property boundary of the site; b. adversely affect adjoining developments; c. result in adverse visual impacts due to the loss of suitable building setbacks. d. present as monolithic, repetitive or unarticulated elements AS17.6 A signage masterplan is to be provided.
PC18 AS18 Development must be designed to be responsive to the local climate. Sun shading devices are provided on buildings to: Buildings and landscape are designed to optimise: a) solar exclusion and a. shade buildings and assist in maintaining comfortable indoor temperatures; natural ventilation in summer; b) solar access in winter. b. reduce glare; c. minimise heating loads and conserve energy; d. enrich the sub-tropical character; e. provide texture to building facades. f. buildings are designed to incorporate light and shade with well articulated facades; g. promote solar seasonal access h. integrate indoor and outdoor spaces to respond to lifestyle considerations. PC19 AS19.1 Buildings must be finished with high quality materials selected for their A variety of materials and texture, both natural and manufactured, articulate the scale and form of the building composition. durability and the contribution they make to the character of the Coomera AS19.2 Master Plan Development both at the outset as well as demonstrating the All materials and finishes are easily maintained and do not readily stain, discolour or deteriorate. patina of time in years to come. AS19.3 Building materials incorporate the following elements: i Emphasise human scale ii Non-reflective materials iii Clear glazing or curtain wall No areas of large monolithic exterior PC20 AS20.1 At levels abutting pedestrian places, for all stages of development, design Ground floor uses are devoted to activities that promote generous, meaningful, active and dynamic street and public/ communal space environments that must develop a strong permeable relationship between internal and external promote variety, visual interest, detail and visual and physical permeability between the indoor and outdoor spaces. spaces, appropriate to a sub-tropical climate and outdoor lifestyle, with AS20.2 frontage treatment that integrates a rich variety of material and detail, Awnings or verandahs along street frontages (where provided) have a minimum height of three metres and a minimum depth of 1.8 metres. Footpath footpath treatment and other design elements that add to the attractiveness awnings are designed to complement and integrate with the design and the facade of the building. of the street for pedestrians. PC21 AS21.1 The massing and proportions of the building should respond to and be sensitive to adjacent and peripheral buildings. 738th Council Meeting 21 June 2017 292 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS All buildings must be designed and constructed to a high aesthetic standard and to complement or enhance the character of Coomera. New AS21.2 building work is to reflect the character envisaged by the Coomera Master The building facade is thoughtfully detailed and articulated by manipulation of form, and generous window openings or fenestration. Plan Code.
AS21.3 All buildings must promote human scale at the ground plane/podium and The spatial and construction arrangement of the building allows for many different uses or purposes. be articulated in form and material variety.
AS21.4 All building facades are detailed and articulated with some design indentations or window openings
PC22 AS22.1 Roof areas must be designed to promote an interesting and diverse outlook The roof areas of all buildings must be designed to hide or disguise all rooftop machinery and service equipment, including lift and plant rooms. Roof areas from all public and private areas. are to be designed to promote an interesting and diverse outlook from all public and private areas.
AS22.2 Ground level developments incorporate parapets and other facade treatments to increase height of buildings and to reinforce legibility in the streetscape. PC23 AS23.1 Building design and appearance must be conducive to the safety and Glass which forms all or part of any external wall of a building does not exceed a maximum degree of reflection of both heat and light of 20%. The glass area comfort of all building users. does not exceed 80% of the total area of the external wall.
AS23.2 The location of equipment that has potential to create noise is designed to minimise the penetration of noise to dwelling units on the premises and to residential premises external to the site. Amenity of Car Parking Areas PC24 AS24.1 All car park areas must be designed and constructed to service the needs All car park areas are constructed and detailed to ensure they do not dominate the street frontage of the development. Car park areas provided at ground of all users of the development and to complement the character of the level are located behind buildings or recessed behind the building frontage. development. AS24.2 The facade of above ground level car parks is to a high standard of design and appearance and includes the provision of planter boxes, podium planting and façade elements articulated with a variety of treatments and colours. AS24.3 Building materials, patterns, textures and colours used in garage and carport structures are complementary to those of the principal building on the site. PC25 AS25 All ground level parking must be suitably landscaped to provide an attractive Landscaped areas for the planting of shade trees are provided at regular intervals throughout car parking areas. and pleasant outlook and shade for parked vehicles, and to contribute towards the quality presentation of new developments. PC26 AS26 All ground level car parking, open space and buffer areas must be The car park area, open space and buffer areas of the lot are landscaped with landscape design and use of plant species generally consistent with that of landscaped and maintained to complement the character of the local area nearby lots. The landscape design may incorporate extensive paved areas for pedestrian use. and adjacent areas. 738th Council Meeting 21 June 2017 293 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS PC27 AS27 All podium level car parking must be screened and architecturally treated to Car parking areas are not to visually dominate the site complement the character of the local and adjacent areas Landscape Work PC28 AS28 No acceptable solution provided. Attractive streetscapes and high amenity may be achieved through a seamless integration of private works and public landscape works. Public landscape works within the public road reserve is to consist of concrete footpaths, street tree planting and turf in keeping with City Plan 6.10 – Landscape work. PC29 AS29.1 Suitable areas of visible ground level landscaping are to be provided to a Landscape work includes features where the vegetation component is located at street level, on top of the podium levels, or on terraces, balconies and decks. standard that promotes a pleasant, attractive and functional pedestrian AS29.2 environment with a sub-tropical character. Street design and plantings and major pedestrian paths are aligned to take advantage of attractive local and distant views (eg. views to the river, mountains Landscape design must contribute to the creation of distinctive, memorable or other important landscape elements). and legible local centres and surrounding suburban areas for Coomera. AS29.3 Landscape plantings utilise local native species to promote a distinctive Coomera or Albert Corridor character.
AS29.4 All visual screening used to break up the built form will be contained within private property.
PC30 AS30 Open space and pedestrian areas must be designed to be both functional Development is designed to ensure a high degree of casual surveillance from employees or passing traffic of public and semi public spaces, pedestrian and and safe. cyclist paths, car parking areas and building entrances. Public and Private Open Space Design PC31 AS31.1 To enhance the image and appeal of the integrated tourist facility, it is Public and private spaces are located and designed to be efficient and attractive spaces that promote legibility and are functional. These spaces are integrated essential that the public and private spaces are of high quality and are well at their fringes to ensure a smooth transition between public and private areas. integrated while clearly delineated. The intent of this section is to ensure that there is a smooth transition AS31.2 between high quality public and private spaces to maximise the space and The design and location of public and private spaces are consistent with building facades and design themes described. opportunities and to present a range of experiences for both visitors and residents while clearly identifying to the relevant entity which party is responsible for maintenance. AS31.2 There is a clear delineation between public and private spaces. PC32 AS32 All entry statements are to be contained within private land as per Council’s No acceptable solution provided. Policy 6 – Entry Statements. Amenity Protection 738th Council Meeting 21 June 2017 294 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS PC33 AS33 The proposed use does not detract from the amenity of the local area, No acceptable solution provided. having regard, but not limited, to the impact of: a. noise; b. hours of operation; c. traffic; d. lighting; e. signage; f. visual amenity; g. privacy; h. odour and emissions; i. wind; and j. safety PC34 AS34 The proposed development takes into account and seek to ameliorate any No acceptable solution provided. negative aspects of the existing amenity of the local area, having regard, but not limited, to the existing impact of: a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions. Plot Ratio PC35 AS35.1 The bulk of the development proposal is proportional to the character of the The Basic Plot Ratio is 3.5:1OR local area, with some bonus in floor space available where identified public AS35.2 benefits are provided in accordance with the provisions of Policy 18. The Basic Plot Ratio is exceeded by the incorporation of bonus element/s, in a development consistent with the provisions of Policy 18 – Using the Urban Design Bonus Provisions. AS35.3 A maximum Plot Ratio of 4:1. Acoustic Performance PC36 AS36.1 All land uses within the Coomera Master Plan Development Code area must All habitable spaces within noise sensitive spaces are designed and constructed to comply with indoor sound level criteria for road traffic noise intrusion be designed to allow for a high standard of amenity. specified in Australian Standard AS/NZ2107:2000 ”Acoustics – Recommended design sound levels and reverberation times for building interiors” and Non-residential land uses are to operate within appropriate hours to Australian Standard AS3671 – 1989 “Acoustics – Road traffic noise intrusion – Building siting and construction”, taking into account a 10 year planning horizon minimise nuisance to nearby, existing or intended sensitive land uses. for traffic growth. Treatments may include upgraded acoustical performance ratings for external building envelope elements, provision for air conditioning, and careful location of outdoor open space areas.
738th Council Meeting 21 June 2017 295 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Any impacts identified as a result of an acoustic report must be appropriately AS36.2 treated by complying with the recommendations within the report and as Any commercial operations, including any licensed premises, should be designed, constructed and operated to comply with the requirements of Section 10 agreed to by Council. (“Controlling Background Creep”) and Schedule 1 (“Acoustic Quality Objectives”) of the Environmental Protection (Noise) Policy 2008. Treatments may include physical controls (e.g. upgraded acoustical performance ratings for external building envelope elements or plant enclosures or silencers), management based controls (e.g. restriction to hours of operation), and careful location of outdoor activity areas associated with commercial operations (e.g. alfresco dining, loading bays).
AS36.3 A Noise Impact Report with detailed recommendations for noise amelioration is provided for each stage of development and any noise mitigation measures recommended by the report are to be implemented prior to the commencement of the land use.
AS36.3 A Noise Impact Report with detailed recommendations for noise amelioration is provided for each stage of development and any noise mitigation measures recommended by the report are to be implemented prior to the commencement of the land use.
Access PC37 AS37 The development will exhibit a high standard of accessibility for vehicles, New development contributes to: pedestrians and cyclists. a) developing off-street car parking facilities; b) encouraging the development of a pedestrian walkway system based on pedestrian linkages to retail and commercial land uses and accessible open space areas. c) improving vehicular traffic flows and reducing conflicts between local and through traffic; d) reducing pedestrian/vehicular conflict; e) facilitating the creation of pedestrian plazas. f) promoting interaction and pedestrian permeability with the surrounding area through the provision of pedestrian linkages through the site. AS37.2 Public and private spaces located in the central boulevard are designed to promote a pedestrian friendly environment that will facilitate convenient commercial activity with a higher focus being given to maintaining opportunities for events and public gatherings.
PC38 AS38.1 Pedestrian-vehicle conflicts must be minimised. Development is designed to give priority to pedestrian movement, through vehicle site and streetscape works. AS38.2 Car park entrances and ramps, loading docks and access ways are minimised and suitably designed and treated to ensure that they do not adversely impact on the streetscape and adjoining development PC39 AS39.1 Conflicts between pedestrians and vehicles at entrance points to parking The number of vehicular entry points to the site is as depicted on Coomera Master Plan Development Drawing No. 4.3 “Access Points”. areas are to be minimised. AS39.2 738th Council Meeting 21 June 2017 296 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS Entrance points to parking and loading areas have clear and unobstructed visibility of pedestrian pathway areas, with pedestrian crossing points clearly identified which give priority to pedestrians.
AS39.3 Vehicular access to basements is facilitated via cross-overs from Whitewater Way and Dreamworld Parkway. AS39.4 Footpaths are constructed along the site frontage to Beattie Road, Whitewater Way and Dreamworld Parkway, at the developer’s expense. PC40 AS40 The role and functional capacity of the road network must be maintained. Development is designed to support the functional operation of the vehicular access network, as shown on Coomera LAP Map 9.6 – Major Road Network. Local road location will be determined at the time of development applications. All roads comply with the principles of transit oriented development and walkable neighbourhoods. PC41 AS41 Development must be designed to support the functional operation of the Use is made of signalised intersections, pedestrian refuges and, where appropriate, overpasses and underpasses. pedestrian network PC42 AS42 Development must be designed to support the functional operation of the Development is designed to support the functional operation of the cycle way system, as shown on Coomera LAP Map 9.7 – Bicycle Network. Local cycle cycle network ways will be determined at time of subdivision of each development. Car Parking Provision PC43 AS43.1 Adequate off-street car parking facilities are to be provided for all new Car parking is provided for in accordance with AS44.1 – AS44.4 of the Coomera Town Centre Structure Plan being: developments to ensure that residents and their visitors, customers and Non-residential uses1 space per 100m2 of gross floor area. staff are adequately catered for. Residential development car parking is provided at a rate of 0.5 space per 1 bedroom dwelling unit; 1 space per 2 bedroom dwelling unit; 1.5 spaces per 3 bedroom dwelling unit and 2 spaces per 4+ bedroom dwelling units.
AS43.2 Resort hotel and mixed use buildings provide covered on site car parking at one space per four guest rooms.
AS43.3 In mixed use buildings, car parking, required for the residential component is separated from car parking required for commercial activities.
AS43.4 Car parking required for commercial activities is open to the public, without hindrance during the operation of commercial activities.
AS43.5 No car parking is required for facilities which are used solely by residents of apartments or guests of resort hotels.
AS43.6 738th Council Meeting 21 June 2017 297 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS The configuration of off-street visitor car parking must be designed so that, in future stages, all off-street visitor car parking will be provided for on-site in a single (pooled) location or in locations that afford convenient (direct) access to the respective uses. Bicycle Parking PC44 AS44.1 Bicycle parking and storage facilities are to be provided within all Facilities for the parking and securing of bicycles are provided for every development which employs more than one (1) staff member. developments that either accommodate multiple number of residents or tourists, or provide for employment opportunities AS44.2 Off-street bicycle parking is provided for non residential forms of development at the rate of: a) one (1) space per 100sqm GFA for all commercial land uses for long/medium term parking (Type/Class 2); and b) one (1) space per 50sqm GFA for all commercial land uses for short term parking (Type/Class 3).
AS44.3 Where a Type/Class 2 off-street bicycle facility is proposed for non residential forms of development, end-of-trip facilities are to be provided at the rate of: a) one (1) locker per 1.5 off-street bicycle spaces; and b) one (1) change room per ten (10) off-street bicycle spaces; and c) one (1) toilet (including wash basin, mirror and power outlet) per five (5) off-street bicycle spaces.
AS44.4 Where a Type/Class 3 off-street bicycle facility is provided, the facility is to be covered and within line of sight from the main entry to the building
The amended Development Code and plans/drawings are to be submitted and approved by Council prior to the earlier of: i. Issue of a development permit for making material change of use. ii. Commencement of the use of the premises.
The amended plans/drawings, when approved by Council, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings. Public Convenience Facilities Within Buildings PC45 AS45 Commercial developments must include public convenience facilities, Where provided, public toilet facilities are open and readily accessible to the general public during retail trading hours or other trading hours relevant to the where there is a need for their provision. development. Building Services PC46 AS46 Appropriate building services and safety measures should be incorporated Separate pedestrian entrances are provided between commercial and residential uses. If required, separate elevators should be installed to separate into residential, commercial and mixed use buildings, to allow for the safe residential access from commercial access. operation and convenient use and maintenance of these buildings. PC47 AS47 Adequate facilities for the loading and unloading of goods are to be provided A loading area is provided on-site that is separated from the public access areas and readily accessible from all commercial tenancies on the site. to meet the needs of the development. 738th Council Meeting 21 June 2017 298 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PERFORMANCE CRITERIA ACCEPTABLE SOLUTIONS PC48 AS48.1 Adequate facilities for storing and servicing the development with a refuse Provision is made for the storage of refuse on-site and suitable access for the removal of refuse. disposal service are to be provided to meet the needs of the development AS48.2 All outdoor storage or refuse disposal areas are screened from public view. AS48.3 A waste management plan to be submitted in accordance with City Plan policy SC6.13 Solid waste management plan/ guidelines with each stage of development. Commercial Need and Choice PC49 AS49 Ground floor commercial spaces are to be designed to enable a flexible The design of the ground floor services and utilities allows for easy configuration of non-residential uses. reuse of non-residential floor area to support changing community and business needs. Crime Prevention Through Environmental Design (CPTED) PC50 AS50.1 The development incorporates Crime Prevention Through Environmental Buildings have windows or balconies that provide clear lines of sight towards private access ways, the street, and all adjacent public space; and Design (CPTED) principles to enhance safety and reduce opportunities for AS50.2 crime. Lighting is provided to driveways, property entrances, pathways, communal service areas, car-parking areas, lobbies, stairwells, steps and ramps; and AS50.3 Entrances and exits are visible from the street; and AS50.4 Public facilities and amenities are located in areas of high activity and are well lit at night; and AS50.5 Car parking areas are sufficiently lit, to meet minimum Australian Standards; and AS50.6 Car parking areas provide adequate visibility throughout the car parking area and incorporate security measures; and AS50.7 Landscape design allows vision within the site to a level of 1.8 metres above ground level; and AS50.8 Clear sightlines are provided along pedestrian footpaths to/from residential and non-residential property entrances, doors and windows overlooking public space; and AS50.9 The development incorporates graffiti prevention measures. OR AS50.10 A Crime Prevention Through Environmental Design (CPTED) report is provided that demonstrates CPTED principles are addressed in accordance with the Queensland Police CPTED Guidelines for Queensland; and AS50.11 The development incorporates graffiti prevention measures.
738th Council Meeting 21 June 2017 299 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
PLANS ANNEXED TO THIS CODE
• Coomera Master Plan Development Code Drawing No. 3.1 “Site Detail”, dated December 2016. • Coomera Master Plan Development Code Drawing No. 3.2 “Road Resumption - Pacific Motorway Expansion & Overpass”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.1 “Urban Design Intent”, dated December 2016, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.2 “Built Form”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.3 “Access Points”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.4 “Building Heights”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5 “Edge Conditions” ,dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.1 “Dreamworld Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.2 “School Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.3 “Service Station Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.5.4 “Pacific Motorway Interface”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.6 “Major Tourism Setback Requirement”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.7 “Tower Separation”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.8 “Public Access”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.9 “Site Cover”, dated December 2016; • Coomera Master Plan Development Code Drawing No. 4.11 “Landscape Design Intent”, dated December 2016; • Coomera Master Plan Development Code “Concept Masterplan”, dated March 2017; • Coomera Master Plan Development Code “Ground Level”, dated March 2017; • Coomera Master Plan Development Code “Podium Level”, dated December 2016.
738th Council Meeting 21 June 2017 300 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
Attachment 5 (page 1 of 7)
Our reference: SDA-0216-028143 Your reference: MCU201600219
3 April 2017
Chief Executive Officer Council of the City of Gold Coast PO Box 5042 Gold Coast MC QLD 9729
via email: [email protected]
Dear Sir/Madam
Concurrence agency response—with conditions Beattie Road, Coomera QLD 4209; Lot 171 on SP267050 (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 Infrastructure, Local Government and Planning (the department) under section 272 of the Sustainable Planning Act 2009 (the Act) on 16 February 2016.
Applicant details Applicant name: Gordoncorp Pty Ltd c/- UPS Applicant contact details: PO BOX 2091 Surfers Paradise QLD 4217 [email protected]
Site details Street address: Beattie Road, Coomera QLD 4209 Lot on plan: Lot 171 SP267050 Local government area: Council of the City of Gold Coast
Application details Proposed development: Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 for a Material Change of Use and Reconfiguring a Lot to vary the effect of the local planning instrument for land being developed in accordance
Page 1 SEQ South Region (Gold Coast) 7 Short Street PO Box 3290 Australia Fair Southport, QLD 4215 738th Council Meeting 21 June 2017 301 City Planning Committee Meeting 14 June 2017 ADOPTED SDA-0216-028143REPORT with the Coomera Masterplan Development Code (including Amusement Parlour, Apartment, Café, Convenience Shop, Estate Sales Office, Home Office, Indoor Recreation Facility, Kiosk, Market, Minor Change in the scale or intensity of an existing lawful use, Minor Tourist Facility, Open Sports Ground, Outdoor Sport and Recreation, Park, Private Recreation, Public Utility, Reception Room, Resort Hotel, Restaurant, Shop, Special Accommodation, Take-Away Food Premises, Tavern, Telecommunications Facility, Temporary Use, Tourist Facility and Tourist Shop)
Referral triggers The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009: Referral trigger Schedule 7, Table 3, Item 2 – State transport infrastructure
Conditions
Under section 287(1)(a) of the Act, the condition set out in Attachment 1 must be attached to any development approval.
Reasons for decision to impose conditions
Under section 289(1) of the Act, the department must set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2.
Approved plans and specifications
The department requires that the following plan and specifications set out below and in Attachment 3 must be attached to any development approval.
Drawing/Report Title Prepared by Date Reference Version/Issue no. Aspect of development: Preliminary Approval for Material Change of Use TP Sketch – Gold Coast Department of 9 February 12A/TP13011 Revision C City – Coomera South Transport and 2015 Interchange Main Roads (amended in red by DILGP on 3 April 2017)
A copy of this response has been sent to the applicant for their information.
Department of Infrastructure, Local Government and Planning Page 2 738th Council Meeting 21 June 2017 302 City Planning Committee Meeting 14 June 2017 ADOPTED SDA-0216-028143REPORT For further information, please contact Adam Norris, Principal Planning Officer, SARA SEQ South-Gold Coast on 5644 3218, or email [email protected] who will be pleased to assist.
Yours sincerely
Kim Kirstein Manager – Planning and Development Services – SEQ South
cc: Gordoncorp Pty Ltd c/- UPS, [email protected] enc: Attachment 1—Conditions to be imposed Attachment 2—Reasons for decision to impose conditions Attachment 3—Approved Plans and Specifications
Department of Infrastructure, Local Government and Planning Page 3 T13
738th Council Meeting 21 June 2017 303 City Planning Committee Meeting 14 June 2017 ADOPTEDSDA-0216-028143 REPORT
Our reference: SDA-0216-028143 Your reference: MCU201600219
Attachment 1—Condition to be imposed
No. Conditions Condition timing Preliminary Approval for Material Change of Use Schedule 7, Table 3, Item 2—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of 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 setback area shown on the TP Sketch – Gold Coast City – Prior to Coomera South Interchange, prepared by Department of commencement of Transport and Main Roads, dated 9 February 2015 (amended in use and to be red by DILGP on 3 April 2017), reference 12A/TP13011 and maintained at all revision C must be kept clear of any permanent buildings, times. structures and improvements (including car parks, swimming pools and advertising signs) above and below ground at all times.
Department of Infrastructure, Local Government and Planning Page 4 T13
738th Council Meeting 21 June 2017 304 City Planning Committee Meeting 14 June 2017 ADOPTEDSDA-0216-028143 REPORT
Our reference: SDA-0216-028143 Your reference: MCU201600219
Attachment 2—Reason for imposing condition
The reason for imposing the condition is: To ensure that the development does not impact on the future planned intersection upgrade.
Department of Infrastructure, Local Government and Planning Page 5 T13 T13
738th Council Meeting 21 June 2017 305 City Planning Committee Meeting 14 June 2017 ADOPTEDSDA-0216-028143 REPORT
Our reference: SDA-0216-028143 Your reference: MCU201600219
Attachment 3—Approved plan and specifications
Department of Infrastructure, Local Government and Planning Page 6 738th Council Meeting 21 June 2017 306 City Planning Committee Meeting 14 June 2017 MRADOPTEDTPS REPORT BEATTIE Setback area Roao ubject B. Property 5 7 FÚ Þ Lot I7I SP267050 a) Area Required; About 3150m2 'rj o Area Remaining; About 16050m2 3 o ¿ o Lot I7I É 2 v å sP267050 H ð
PLANS AND DOCUMENTS referred to in the LOCALITYPLAN DEVELOPMENT APPROVAL Approval no: ...... SDA-0216-028143 ... Lot I70 N.T.S. Date: ...... 3 April 2017 ...... sP267050 Table of Co-ordinates Point Easting (m) Northing (m) Remarks A. 530856.8 6917480.5 I On boundary on line Ato 2 2. 530877.8 69t7 493.1 3 s30895.5 6917501..4 As amended in red by the Department of Infrastructure, 4. 530918.1 6917506.9 Local Government and Planning, 3 April 2017. 5 530940.7 6917512.4 6 530962.4 6917515.0 The detoils on this sketch hove been prepored bosed on the most 7 On boundary on line 7 to B current Digitol Codostrol Doto Bose (DCDB) informotion ovoiloble from Queenslond Deportment of Noturol Resources ond Mines.
B. 530989.7 69t75r9.3 The sketch hos been prepored to show the proposed future rood corridor requirement line. The detoils shown ore for informotion >( purposes only ond ore subject to chonge. ADA Co-ordinates are given in metres MGA Zone 56 (GDA94)
Microfiled Revisions Certified Dote Areo required shown thus GotD coAst crfY QueenslandGovernment TP Sketch PACIRC MOTORÌTAY - COOMERA SOIJTTI INTERCI'IANGE Transport and Main Roads Dimensions in metres except Drown Reqmts. Exom where shown otherwise. DLS FAS 1A/TPl301 1 requ c FAS tl2ll Areo in hectores (ho) or squore Checked Checked A B c metres (m2). A issue FAS FÀS yltf Clo RF: C:\lP\Cnrffi\lP-Sk¡tdu\201! 738th Council Meeting 21 June 2017 307 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 CITY DEVELOPMENT DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - LOT 45 ON SP291104 - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Refer 2 page attachment
1 OVERVIEW Site address 12 - 14 Elizabeth Avenue, Broadbeach Development Permit for Material Change of Use (Code Assessment) Application for Multiple Dwellings and Short Term Accommodation (Total of 115 description Units), Food And Drink Outlet and Shop. Decision due date 26 June 2017 The proposal seeks to establish a mixed use high rise development, consisting of Multiple Dwellings and Short Term Accommodation (115 Units), Food and Drink Outlet and Shop. The proposed development comprises of the following: Multiple dwellings 32 storeys and 95.2 metres in height; 115 units and 240 bedrooms providing a density of 1 bed per 4.3m2 of net site area; Site Coverage: Podium – 84% Tower – 56% 506m2 of communal open space provided; Private open space ranging from 11.8m2 to 44.7m2; 139 car parking spaces in the form of three (3) basement car parking levels and three (3) podium levels; Proposal 109 bicycle spaces provided; Refuse bins are to be located and stored on Basement Levels 1 & 2 and are to be moved to a temporary storage point at ground level adjacent the main vehicle entry from Elizabeth Avenue. Waste collection will be conducted from the street; and The dwelling units are proposed to be used as either permanent or short-term leasing. Short term accommodation The inclusion of the Short term accommodation use is intended to provide future owners of the 115 units with greater flexibility with regard to the ability to facilitate short term leasing of their property. Commercial tenancy (Food and drink outlet and Shop) A single commercial tenancy on the ground floor with a GFA of 61m2 is intended to operate as either a Food and Drink Outlet or Shop; Due to the flexible nature of the commercial tenancy, no hours of operation have been proposed for the use. Notwithstanding, acoustic assessment of the proposal has determined that alfresco
738th Council Meeting 21 June 2017 308 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
dining shall cease operating at 10pm; The commercial tenancy has a dedicated pedestrian entrance that is separate from the residential pedestrian entry and is improved with landscaping and pavement treatments; and One (1) car parking space provided for staff.
Consideration Resolution Density The City Plan affords the subject site the Residential Density Overlay Map, identifying the site as being located within the RD8 designation, being one (1) bedroom per 13m2. The development proposes a residential density of one (1) bedroom per 4.3m² of net site area. Whilst the Residential Density Overlay Map provides guidance as to the anticipated density of particular areas, an increase above this designation can be contemplated, should the proposal be able to achieve compliance with the City Plan. The appropriateness of Residential Density is assessed through the ability of the development to provide a form, scale and intensity that is appropriate for the zone and each particular locality, where it can be Main demonstrated, amongst other requirements, Consideration that it can be achieved in an appropriate /Resolution built form. The proposal is supported by necessary urban services and suitable employment and recreational opportunities and presents a development pattern that is consistent with the intended built form through demonstrated compliance with the Overall Outcomes of the High Density Residential Zone Code. Podium Design and It is acknowledged that the proposed form Scale is of a height and scale that is a dramatic change to the existing character of the area, but is one that is encouraged by the City Plan. The design and scale of podium is achieves compliance with the Purpose and Overall Outcomes of the High Density Residential Zone Code and Light Rail Urban Renewal Overlay Code. Tower form The proposed tower form represents an
738th Council Meeting 21 June 2017 309 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
intense built form outcome which is encouraged by the City Plan. As such, Council officers consider the tower form achieves compliance with the Purpose and Overall Outcomes of the High Density Residential Zone Code. The application is Code Assessable and there is no requirement to Public publicly notify the development application under the Sustainable Consultation Planning Act 2009.
Referral agencies Not applicable. Officer’s Approval. recommendation
REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT 6.1 Characteristics of site 6.2 Characteristics of surrounding environment 7 PLANNING ASSESSMENT 7.1 Assessment against City Plan 7.2 Assessment against the State Planning Policy 7.3 Assessment against the State Planning Regulatory Provisions 7.4 Assessment of development infrastructure requirements 8 CONSULTATION 8.1 Internal Referrals 8.2 External Referrals 8.3 Public Notification 9 CONCLUSION 10 NOTIFICATIONS 11 RECOMMENDATION
2 EXECUTIVE SUMMARY Pursuant to the City Plan, the subject site is located within the High Density Residential Zone. The proposed land uses defined as Multiple Dwelling, Short Term Accommodation, Food and Drink Outlet and Shop, trigger Code Assessment pursuant to Table of Assessment 5.5.3 of the High Density Residential Zone.
738th Council Meeting 21 June 2017 310 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
According to the building height overlay map, the subject site has no Code Assessable building height limit as the site is designated ‘HX’ (no building height designation). The site is designated the highest residential density afforded within the scheme, being RD8 (1 bedroom per 13m² of net site area). The development proposes a 32 storey high rise development with a total building height of 95.2 metres and a residential density of one (1) bedroom per 4.3m2 of net site area. Although the proposed development exceeds the Code Assessable residential density designation, there is no Impact Assessment trigger for density within the High Density Residential Zone. The proposed development therefore remains Code Assessable. An assessment of the proposed development has determined the proposal complies with the intent of the High Density Residential Zone Code and applicable codes of the City Plan, as discussed in further detail in the report below.
The proposed development is considered to demonstrate an acceptable outcome and is therefore recommended for approval.
3 APPLICATION INFORMATION Real property description Lot 45 on SP291104 Applicant MPG Elston Pty. Limited C/- Zone Planning Group Applicant’s consultancy team Zone Planning Group, Dezignteam Architects, H2One, Rytenskild Traffic, Acoustic Logic and Place Design Group Owner at time of lodgement MPG Elston Pty. Limited Current owner MPG Elston Pty. Limited Site area 1,032m2 Date application received 15 December 2016 Date entered decision 10 April 2017 Zone High Density Residential Zone Zone precinct (if applicable) Not applicable Decision type Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings and Short Term Accommodation (Total of 115 Units), Food and Drink Outlet and Shop.
4 BACKGROUND Not applicable.
5 PROPOSAL The applicant seeks to establish a high rise development consisting of Multiple Dwellings and Short Term Accommodation (115 dwelling units), Food and Drink Outlet and Shop. Multiple Dwelling & Short Term Accommodation The proposed Multiple Dwelling and Short Term Accommodation components consist of a mix of 105 x 2 bedroom units and a total of 10 x 3 bedroom units giving a total of 240 bedrooms.
738th Council Meeting 21 June 2017 311 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The inclusion of the Short term accommodation use is intended to provide owners of the 115 units with greater flexibility with regard to the ability to facilitate short term leasing of their property.
Development Parameters 32 storeys (95.2 metres in height) Building Height Four (4) levels of above ground podium, comprised of: o Ground level: Food and Drink Outlet, Shop, reception, facilities, bicycle parking and visitor car parking spaces; o Level 2: Car parking and bicycle parking; o Level 3: Car parking and bicycle parking; and o Level 4: Car parking and bicycle parking. Level 5 is entirely dedicated to communal recreation; and 27 residential levels. Residential Density 115 units; 240 bedrooms; and 1 bed per 4.3m2 of net site area. Site Coverage Podium (Levels 1-4): 84% Tower: 56% Lifts Two (2) lifts are proposed.
Private Open Space Ranging between 11.8m2 to 44.7m2 Car Parking 139 car parking spaces; Three (3) basement car parking levels; and Three (3) podium levels. Bicycle Parking 109 bicycle spaces provided
738th Council Meeting 21 June 2017 312 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Figure 1: Proposed high rise development (source – applicant)
738th Council Meeting 21 June 2017 313 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Figure 2: Proposed tower base (podium). The proposal provides 506m2 of useable communal open space across two (2) levels, including an entire floor at Level 5 and a rooftop pool area. The Level 5 communal open space provides a variety of recreational facilities including indoor resident’s lounge, yoga lawn, gym, pool, spa, kid’s open zone and multiple covered barbeque areas.
Figure 3: Proposed Level 5 communal open space.
738th Council Meeting 21 June 2017 314 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The rooftop recreation area includes covered seating area, barbeque facilities, amenities lounge areas and a pool.
Figure 4: Proposed rooftop communal open space. Commercial tenancy (Food and Drink Outlet and Shop)
A single commercial tenancy on the ground floor with a GFA of 61m2 is intended to operate as either a Food and Drink Outlet or Shop. Due to the flexible nature of the commercial tenancy, no hours of operation have been proposed for the use. Notwithstanding, acoustic assessment of the proposal has determined that alfresco dining shall cease operating at 10pm, which will be reflected within officer’s recommendation.
Figure 5: Proposed commercial tenancy.
738th Council Meeting 21 June 2017 315 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The commercial tenancy has a dedicated pedestrian entrance that is separate from the residential pedestrian entry and is improved with landscaping and pavement treatments.
Access and car parking
Vehicular and pedestrian access to the site is proposed from Elizabeth Avenue. Vehicular access is via a single two-way crossover located on the western side of the site’s road frontage. This crossover provides access to an internal vehicular movement arrangement which allows for drivers to access either an up ramp or down ramp, depending on the location of their allocated car parking space. This arrangement will be controlled by a system of stop points, signal lights and mirrors. Pedestrian access to the development is to be gained via a dedicated ground floor resident’s lounge and is located adjacent to the entrance to the proposed commercial tenancy. Waste servicing Refuse bins are to be located and stored on Basement Levels 1 & 2 and on collection day are to be moved to a temporary storage point at ground level adjacent the main vehicle entry from Elizabeth Avenue. Waste collection will be conducted from the street. 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site comprises of a single lot being 12-14 Elizabeth Avenue, Broadbeach providing a total site area of 1,032m². The site is located within the High Density Residential Zone and forms part of the light-rail urban renewal area. The site has a 35 metre road frontage to Elizabeth Avenue and is improved by two (2) existing two (2) to three (3) storey residential developments with two (2) separate vehicular crossovers. The site is relatively level and is currently serviced by all essential infrastructure – water, sewer, stormwater, electrical and telecommunications.
Figure 6: Subject site.
738th Council Meeting 21 June 2017 316 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
6.2 Characteristics of surrounding environment The immediate area is characterised by a mix of residential uses including low and high rise apartments, detached dwellings and large scale commercial retail developments. The subject site is located in close proximity to major employment, entertainment and retail opportunities, all within 200m north of the site. North The Oracle development and its associated retail and commercial services are located immediately north of the site on the opposite side of Elizabeth Avenue. Further north of the Oracle is the Oasis Shopping Centre and the Broadbeach Mall which can be access via connections available within the Oracle development. The Gold Coast Convention Centre is also located approximately 550m north-west of the subject site. East A mix of low to mid-rise apartments exists on land to the east. These developments consist of 2-6 storeys developments. Pratten Park exists further east on the opposing side of Old Burleigh Road, approximately 150m to the east.
South This area is also characterised by a range of low rise and high rise apartment development. To the immediate south exists a four (4) storey apartment development located at 11 Phillip Avenue, Broadbeach. West A mix of low and high rise apartment development exists to the west of the site. The Gold Coast Highway is located approximately 120m to the west and Jupiters Casino is located 250m walking distance to the west. Pacific Fair Shopping Centre is located approximately 500m walking distance south-west of the site. The site has access to public transport with the light rail corridor located approximately 120m to the west with multiple station options available to residents within a 550m walking distance.
738th Council Meeting 21 June 2017 317 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Figure 7: Surrounding environment (Source: Zone Planning Group Planning Assessment Report, dated 14.12.16).
7 PLANNING ASSESSMENT 7.1 Assessment against City Plan The proposed development, which seeks to establish Multiple Dwelling, Short Term Accommodation, Food and Drink Outlet and Shop, triggers code assessment pursuant to the tables of assessment identified in the City Plan. The definition of each land-use proposed is as follows: Multiple Dwelling “Premises containing three or more dwellings for separate households.”
738th Council Meeting 21 June 2017 318 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Short Term Accommodation “Premises used to provide short-term accommodation for tourists or travellers for a temporary period of time (typically not exceeding three consecutive months) and may be self-contained. The use may include a manager’s residence and office and the provision of recreation facilities for the exclusive use of visitors.” Food and Drink Outlet “Premises used for preparation and sale of food and drink to the public for consumption on or off the site. The use may include the ancillary sale of liquor for consumption on site.” Shop “Premises used for the display, sale or hire of goods or the provision of personal services or betting to the public.” As identified in the City Plan, all of the above listed land uses trigger Code Assessment pursuant to Table of Assessment 5.5.3: Material Change of Use of the High Density Residential Zone. There are no applicable overlay provisions that result in the application triggering a higher level of assessment. 7.1.1 Assessment against the Strategic Framework The application is subject to Code Assessment and an assessment of the proposal against the Purpose and Overall Outcomes of the High Density Residential Zone Code and other applicable Codes determines the development complies. For a Code Assessable application, the Strategic Framework must be given regard to particularly where there may be a conflict with the code. However in this case, the development is considered to fully comply with the Purpose and Overall Outcomes of the relevant Codes and is therefore also considered to comply with the provisions of the Strategic Framework.
7.1.2 Assessment against the relevant zone code The subject site is located in the High Density Residential Zone. The purpose of the High Density Residential Zone is to:
“(1) The purpose of the High density residential Zone Code is to provide for higher density multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents. (2) The purpose of the code will be achieved through the following overall outcomes: (a) Land uses – (i) include a range of high density residential uses; (ii) such as Multiple dwellings, Dwelling houses on small lots, Residential care facilities and Retirement facilities are included in the zone to provide a mix of dwelling types and increase residential density;
738th Council Meeting 21 June 2017 319 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(iii) such as Relocatable home parks and Rooming accommodation may be included to deliver housing choice, providing they do not reduce the potential to supply a sufficient number of high density residential dwellings and do not detract from the residential amenity of the area; (iv) include neighbourhood centres and standalone small scale non-residential development consistent with the Strategic framework; (v) which carry higher potential for impacts on amenity such as Car washes, large Food and drink outlets, Service stations, Shops, Veterinary services, Community care centres, Educational establishments, Emergency services, Places of worship, Indoor sport and recreation and Parking stations may be considered if appropriately designed and located and not detract from the residential amenity of the area; and (vi) involving Tourist-related development such as Short-term accommodation and Tourist parks and attractions may be considered where they can be supported by City services and do not compromise the amenity or character of the zone and local area. (vii) do not detract from the residential amenity of the area.
Officer’s comments The proposed land uses being Multiple Dwelling, Short Term Accommodation, Food and Drink Outlet and Shop are listed within points 2(a)(ii), (v) and (vi) and therefore are considered intended development for the High Rise Residential zone. The development involves a high density residential use that provides a range of residential options including two (2) and three (3) bedroom apartments offering permanent and short-term accommodation. The proposal achieves flexibility for the future residents by providing a mix of dwelling types and increase in residential density, achieving efficient and sustainable infill development. While Council officers consider the proposed Food and Drink Outlet and Shop uses to be of a small scale nature due to the GFA being limited to 62m2, it is acknowledged that this may carry higher potential impacts on amenity of the area. It is considered any amenity impacts have been appropriately addressed and mitigated through orientation towards the frontage of the site, separate pedestrian access points being provided for the commercial tenancy to that of the residents of the Multiple Dwelling and acoustic treatments incorporated into the design. Furthermore, the Food and Drink Outlet has been restricted to a single tenancy at ground level where the two (2) land uses (Food and Drink Outlet and Shop) are proposed to provide flexibility between the use of the space, allowing future viability of the commercial tenancy. Therefore, it is considered that they have been appropriately designed and located as to not detract or compromise the residential amenity of the area or character of the zone and local area.
It is also acknowledged that similarly to the Food and Drink Outlet and Shop, that Short Term Accommodation has the potential to have adverse impacts on amenity and character. The Short Term Accommodation land use is listed Code Assessable within the High Density Residential zone and has been included within the proposal to give future residents the ability to lease their apartment on a short-term basis. The Short Term Accommodation, Mulitple Dwellings and all associated uses are contained within the one (1) tower form where it is not intended that the Short Term Accommodation will not operate as a traditional short-
738th Council Meeting 21 June 2017 320 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1 term premises. Therefore, the proposed Short Term Accommodation is not considered to detract from the residential amenity of the area, given the design and layout of the proposal. Council officers consider the proposed development is consistent with the intended high density residential nature of the area. (b) Housing is provided at a form, scale and intensity that is appropriate for the zone and each particular locality it is in where the following outcomes are satisfied: Orderly and economically efficient settlement pattern (i) degree of public transport service within a 400 metre walking distance, being the most desirable distance for pedestrian access, and the ease and safety of pedestrian access to that service; (ii) proximity to major employment concentrations, centres, social and community infrastructure facilities and important amenity features, including the coast, recreational waterways and parkland; (iii) capacity of available infrastructure to support the development, including water, sewer, transport and social and community facilities; Housing needs (iv) delivery of a generous mix of housing form, sizes and affordability outcomes that meet housing needs (including housing needs of the future) for the locality; Design and amenity (v) whether intended outcomes for building form/ city form and desirable building height patterns are negatively impacted, including the likelihood of undesirable local development patterns to arise if the cumulative effects of the development are considered; (vi) retention of important elements of neighbourhood character and amenity, and cultural heritage; (vii) whether adjoining residential amenity is unreasonably impacted; (viii) achievement of a high quality urban design; Environment (ix) the impacts of any site constraints, including natural hazard and environmental-based constraints; and Community Benefit (x) where the development: (A) is appropriate having regard to overall outcome (b) (i) to (ix); (B) meets all other overall outcomes for the zone; and
738th Council Meeting 21 June 2017 321 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(C) incorporates community benefits in addition to those that could be lawfully conditioned to be provided (i.e. that are required to be provided by this City Plan or reasonably required in relation to the development or use of premises as a consequence of the development), development bonuses are applied in accordance with the SC6.5 City Plan policy – Community benefit bonus elements. Note: SC6.5 City Plan policy – Community benefit bonus elements provides guidance on what might constitute additional community benefits and the supporting material that may be required to demonstrate the degree of benefit. Note: Development is not required to incorporate community benefits in order to demonstrate that housing has been provided at a form, scale and intensity that is appropriate having regard to overall outcome (b) (i) to (ix).
Officer’s comments Orderly and economically efficient settlement pattern The subject site is afforded access to public transport along the Gold Coast Highway located approximately 120m to the west of the subject site. The proposed development will benefit from the frequent light-rail services along the Gold Coast Highway with stops adjacent to the Gold Convention Centre (450m walking distance) and Pacific Fair (550m walking distance) (Refer to Figure 7), allowing for convenient access to major employment generating areas (Surfers Paradise/Southport). The subject site is located within 200m from the Broadbeach CBD, Broadbeach Mall, Oasis Shopping Centre and Oracle development, providing major employment concentrations, centres, social and community infrastructure. Approximately 200m east of the subject site is the Broadbeach parkland and beach providing recreational opportunities to the residents of the proposed development. Council’s Transport Assessment and Gold Coast Water sections have assessed the relevant supporting material and have determined that the existing infrastructure will adequately service the development. Additionally, Pratten Park and Broadbeach Beach are located approximately 200m east of the subject site, which provides social and community facilities for future residents. Housing needs The development provides a mix of unit sizes to accommodate different housing needs and degrees of affordability. Design and amenity The proposed development does not exceed the height restrictions afforded to the site on the Building Height Overlay Map, being unrestricted. Due to the design and scale of the proposed podium, Council officers do not consider that the development achieves all design and amenity outcomes, specifically overall outcome (b)(vi) of the High Density Residential Zone Code which states the following:
738th Council Meeting 21 June 2017 322 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
“(vi) retention of important elements of neighbourhood character and amenity, and cultural heritage; The existing character south of the Oracle development features a mix of low rise and high rise development with towers provided in a landscaped setting. Podiums at the height proposed are not currently present. Council officers consider that the four (4) storey podium would result in a dramatic shift in the established character compared to adjacent developments. However, the site is located in a Frame Area of the ‘Light Rail Urban Renewal Overlay Code’, which is identified as a catalyst to transform the City and provide an intensive urban environment. It is acknowledged that the City Plan supports podium form within ‘Frame Areas’ and therefore the proposed podium form is considered to be an outcome that achieves the intent of a ‘high intensity urban environment’ as intended by the City Plan for this area of the city. The urban design is acceptable as the development is consistent with outcomes encouraged within the frame area of the Light Rail Urban Renewal Overlay Code. Residential amenity of adjoining properties is not unreasonably impacted due to acceptable building setbacks as discussed below.
Environment
The impacts of the site constraints have been appropriately incorporated into the proposed built form. Community Benefit
The applicant has not proposed any community benefits. The development has not been required to incorporate community benefits in order to demonstrate that housing has been provided at a form, scale and intensity that are appropriate having regard to Overall Outcomes (b)(i) to (ix). (c) Character consists of – (i) urban neighbourhoods that consist of primarily higher intensity places containing medium to high-rise buildings; (ii) a building height that provides a hard and distinct edge to clearly define the higher density locations within the city; and (iii) walking and cycling paths, street trees and local streets for shared car and bike use.
Officer’s comments The proposed development contributes to the development of the area as an urban neighbourhood that is primarily characterised by high rise and high intensity development. The site is contained within an unlimited building height area and therefore the proposed building height is consistent with the intended building height outcome for the area. There is an existing sealed footpath along the frontage of the site which will not be compromised by the development. Additionally, the proposed ground floor commercial tenancy is expected to enhance the local pedestrian environment by encouraging pedestrian movements and creating an enhanced pedestrian environment at the site’s frontage.
738th Council Meeting 21 June 2017 323 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(d) Built form – (i) has a building height that does not exceed that indicated on the Building height overlay map; (ii) is setback from side and rear boundaries to protect the amenity of adjoining uses; (iii) is setback from road frontages to promote an urban setting and interface with the street; and (iv) has varying site cover to reduce building dominance and provide areas for landscaping.
Officer’s comments The proposed building height does not exceed that indicted on the Building Height Overlay Map. The proposed setbacks of both the podium and tower form are considered to be appropriate to the side and rear boundaries to protect the amenity of adjoining uses. As previously acknowledged, the proposed podium, through the accumulation of the height, site cover and setbacks, are not a form currently present within the immediate area. Council officers consider that the four (4) storey podium would result in a dramatic shift in the established character compared to adjacent developments. However, the site is located in a Frame Area of the ‘Light Rail Urban Renewal Overlay Code’. As discussed previously, it is acknowledged that the City Plan supports podium form within ‘Frame Areas’ and therefore the proposed podium form is considered to be an outcome that achieves the intent of a ‘high intensity urban environment’ as intended by the City Plan for this area of the city.
Figure 8: Separation with adjoining properties.
Figure 9: Coloured elevation of separation with adjoining properties.
738th Council Meeting 21 June 2017 324 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Notwithstanding, the adjacent amenity is considered to be protected due to the separation distance and orientation of the existing buildings and the adjoining properties. This is particularly evident at the eastern setback between the proposed podium form and the property boundary, with a separation distance of 700mm. However, it is noted that the existing adjoining property to the east is separated from the boundary by a driveway, with the orientation of the existing building predominantly towards the east, as opposed to the adjoining site (subject site of this application). The proposed setback to the road frontage of Elizabeth Avenue promotes an urban setting and interface with the street, through the activation of the podium at the Ground Level and the Communal Open Space on the roof of the podium (fifth level). This is considered to activate and engage with the streetscape, offering opportunity for engagement with the development between the private and public realm. Furthermore, the development has varying site cover to reduce building dominance, which is evident between the decrease in site cover between the podium and tower form. (e) Lot design – (i) supports a mix and variety of housing forms envisaged in the zone.”
Officer’s comments No new lots will be created as part of this application.
Compliance with the relevant zone code The application complies with all of the relevant Acceptable Outcomes of the High Density Residential Zone Code, except as follows: Setbacks
Performance Outcome Acceptable Outcome
PO1 AO1 Setbacks: Setbacks are as follows: a) assist in the protection of adjacent amenity; b) allow for access around the building; c) contribute to streetscape character; and d) provide separation between buildings to maintain view corridors. Note: Building setbacks may also be influenced by the shadow provisions in 9.4.2 General development provisions code.
738th Council Meeting 21 June 2017 325 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Officer’s Comments
738th Council Meeting 21 June 2017 326 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The proposal provides tower (Levels 5-32) setbacks as follows: North: 1.5m (Level 5 sundeck and pool) to 2.1m-3.2m (Levels 7-32 balcony); East: 3m-7.4m to side setbacks (averaging 4.7m); South: 3m to 9.6m to the rear setback (averaging 3.9m); and West: 3m to 7.4m to side setbacks (averaging 4.7m). The proposal also includes a podium (Levels 1-4) providing setbacks as follows: North: 1.2m at ground level and between 1m to 1.7m in podium levels above; East: 4.6m at ground level and 0.7m for the podium levels above along the eastern side boundary; South: 0.8m setback for the rear southern boundary for Levels 1-2 and increases to 3m-4.6m for Levels 3 & 4; and West: A built-to-boundary podium at ground level and increasing to 1.8m for the podium levels above along the western side boundary. All setbacks as indicated above are to the balconies of the proposed development. The applicant is proposing glass balustrades which are transparent and therefore creates a depth to the tower built form, which minimises the impact of the reduced setbacks. The applicant seeks an alternative outcome in relation to setbacks for the tower and podium. Podium As previously discussed, the setbacks provided for the podium are considered a dramatic shift from the existing character of the area where increased setbacks would be a desirable outcome. However, as the site is being contained within the ‘Frame Area’ of the ‘Light Rail Urban Renewal Overlay Code’ the setbacks as proposed by the applicant do not offend the relevant City Plan provisions. As such, Council officers do not consider the increase in podium setbacks to be reasonable in this instance. Tower North (Elizabeth Avenue):
738th Council Meeting 21 June 2017 327 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Figure 1: Frontage Setbacks to Elizabeth Avenue The proposed setbacks for the frontage are approximately 3m-3.2m from the Elizabeth Avenue property boundary, with the exception of Level 5 providing a 1.5m setback to the proposed sundeck and pool. The reduced setback to the communal open space is considered appropriate as this area promotes activation to the street frontage. East (Side Setback):
Figure 2: Eastern Side Setbacks The eastern side of the proposed development achieves a minimum setback of 3m (indicated by the red arrow above) for a marginal length of the building, with over half of this part of the tower constituting a balcony. The tower wall itself is further setback from the property boundary as indicated above. There is only one (1) bedroom that is setback at the three (3) metres, with the remainder of the building being setback between 4.0 metres to 4.55 metres. The existing adjoining property to the east is separated from the boundary by a driveway, which creates further separation between the two (2) buildings. In addition to the separation distance between the property boundary and existing buildings to the East, the proposed development also incorporates screening elements to the bedroom windows to reduce overlooking, assisting in alleviating perceived privacy impacts. South (Rear Setback):
738th Council Meeting 21 June 2017 328 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Figure 3: Rear South Setbacks The minimum setback of 3m is only for a wall-length of approximately 4m (red arrows above), whilst the remainder of the southern façade (28m) is approximately setback in excess of 4.3m from the southern property boundary for levels 6 to 26. For levels 27-32 the setbacks are 4.4m to the proposed balconies of Level 27 and in excess of 6.9m for Levels 28-32. The proposed setbacks to the south are considered to achieve a suitable level of protection of adjacent amenity to the southern adjoining properties and also provide a suitable separation distance to the existing building and any future redevelopment on the adjoining lot. It is also noted that the orientation of the adjoining property to the south fronts Phillip Avenue, with the communal open space located to the frontage of the site. This assists in ameliorating any perceived overlooking and privacy concerns from the proposed development. West (Side Setback):
Figure 4: West Side Setback The western side of the proposed development achieves a minimum setback of 3m, however majority of the building is setback 4m-7.46m which is considered to achieve Performance Outcomes a) and d) as follows: Screening elements are incorporated to the bedroom windows to reduce overlooking to the western properties; The minimum setback of 3m is only a wall-length of approximately 3m (red arrows above), whilst the remainder of the western façade (13m) is approximately setback 4- 4.56m from the western boundary; and
738th Council Meeting 21 June 2017 329 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The south-western portion of the building is setback 7.4m with an associated rear setback of 6m, providing appropriate separation distances from adjoining developments. The proposed setbacks to the west are considered to achieve a suitable level of protection of adjacent amenity to the western adjoining properties and also provide a suitable separation distance for the existing building and any future redevelopment. Whilst greater setbacks to property boundaries would be desirable for a development of this scale, the setbacks proposed do not offend the City Plan provisions therefore are supported by officers.
Site cover
Performance Outcome Acceptable Outcome
PO2 AO2 a) is balanced between built form and green For all other uses, site cover does not areas for landscaped public open space; exceed a cumulative total of: b) contributes to neighbourhood character a) 50% of net site area up to 8 storeys; and amenity; b) 40% of net site area from 9 to 15 storeys; c) promotes slender bulk form; and d) promotes an open, attractive and distinct c) 30% of net site area or 750m2 per skyline; and building, whichever is the lesser, above 15 e) facilitates small, fast moving shadows. storeys.
Officer’s Comments
The proposed podium has a site cover of 84% and the tower (Levels 5-26) has a site cover of 56% therefore proposing an alternative outcome to AO2. At ground floor and podium levels the proposed development provides site coverage in excess of the acceptable 50% resulting in an intense built form environment. The increased site coverage has resulted in reduced setbacks. Whilst greater setbacks to the property boundaries would be desirable for a development of this scale, the site is located in a Frame Area of the ‘Light Rail Urban Renewal Overlay Code’. As discussed previously, it is acknowledged that the City Plan supports podium form within ‘Frame Areas’ and therefore the proposed podium form is considered to be an outcome that achieves the intent of a ‘high intensity urban environment’ as intended by the City Plan for this area of the city. It is acknowledged that the proposed site cover of the tower form is in excess of the 30% of net site area above 15 storeys and in context to the site area is not perceived as being of a slender tower form. However, the proposed floor plate for the tower is only 583m2, which is considerably less than the prescribed 750m2 floor plate detailed in AO2(c) above. As such, the bulk of the tower is considered to be consistent with the bulk of towers present and that expected within the Broadbeach area. This assists in promoting an open, attractive and distinct skyline, which is consistent with the character of Broadbeach. In light of the above, the proposed tower floor plate at 583m2 is considered to facilitate a
738th Council Meeting 21 June 2017 330 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1 fast moving shadow (please refer to section 7.1.4 for further detail regarding shadow).
Although the tower may not present as a slender tower form in context with the site area, due to the proposed floor plate being smaller than 750m2, the proposed tower floor plate at 583m2 is considered to facilitate a fast moving shadow (please refer to section 7.1.4 for further detail regarding shadow).
Building height
Performance Outcome Comments
PO3 AO3 Building height and structure height does not No acceptable outcome provided. exceed 9m or that shown on the Building height overlay map.
Officer’s Comment
As there is no acceptable outcome provided, the proposed development must demonstrate compliance with PO3.
The subject site is identified on the Building Height Overlay Map, as having a building height that is unrestricted (HX), therefore complies with Performance Outcome 3.
Density
Performance Outcome Comments
PO4 AO4 For Dwelling houses density is one Dwelling No acceptable outcome provided. house per lot. OR Density does not exceed that shown on Residential density overlay map. OR Where not identified on the overlay map, density does not exceed one dwelling per 400m2. OR For Residential care facilities and Retirement facilities there is no performance outcome provided.
738th Council Meeting 21 June 2017 331 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
OR
For Rooming accommodation, accommodating more than four unrelated people, density does not exceed one bedroom per 133m2.
Officer’s Comment
As there is no acceptable outcome provided, the proposed development must demonstrate compliance with PO4.
The subject is identified on the Residential Density Overlay Map, affording the site a residential density of RD8, being one (1) bedroom per 13m2. As the development proposes a residential density of one (1) bedroom per 4.3m2, the development cannot achieve compliance with PO4 for Residential Density.
Notwithstanding, the development demonstrates compliance with the Overall Outcomes of the High Density Residential Zone Code, including provisions that relate to residential density, including, but not limited to Overall Outcomes (2)(a)(i) – (2)(a)(iii).
In accordance with section 5.3.3(4) of the City Plan, compliance with a code can be achieved by demonstrating compliance with the Purpose statement and Overall Outcomes of the code or with the Performance Outcomes or Acceptable Outcomes. Therefore, as the development complies with the Purpose statement and Overall Outcomes of the Zone Code, the development complies with the code and the proposal is not required to demonstrate compliance with the Performance Outcome. Higher densities must be supported within the Light Rail Urban Renewal Area to ensure efficient land use planning and to support the city’s transport strategy.
7.1.3 Assessment against the relevant overlay codes The proposed development is required to be assessed against the following overlay codes: .Acid Sulfate Soils Overlay Code; .Airport Environs Overlay Code; .Coastal Erosion Hazard Overlay Code; and .Light Rail Urban Renewal Code. The proposal complies with all of the overlay code’s acceptable outcomes, except as follows:
Acid Sulfate Soils Overlay Code
Performance Outcome Comments
PO2 AO2 The natural environment, built environment Development does not: and/or infrastructure is protected by ensuring (a) excavate or otherwise remove soil or that soil disturbance or development of land
738th Council Meeting 21 June 2017 332 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1 does not result in the release of acid and sediment identified as containing acid metal contaminants. sulfate soils; (b) permanently or temporarily extract groundwater resulting in aeration of previously saturated acid sulfate soils; or (c) fill land (where at or below 5m AHD) that results in: (i) actual acid sulfate soils being moved below the watertable; or (ii) previously saturated potential acid sulfate soils being aerated. OR Where acid sulfate soils are disturbed, building design, infrastructure and filling/excavation works are managed in accordance with an acid sulfate soils management plan to: (a) protect the natural environment, buildings and infrastructure; and (b) neutralise existing acidity and ensure the release of acid and metal contaminants does not occur. The Acid sulfate soils management plan is to be prepared in accordance with SC6.2 City Plan policy – Acid sulfate soils management. Note: A condition will be included on any approval requiring certification from a suitably qualified and experienced professional. This certification must be submitted to Council confirming that the management of the acid sulfate soils has complied with the approved management plan.
Officer’s Comment
The site is identified as being subject to acid sulfate soils at or below 5m AHD. Council’s Environmental Assessment section has reviewed the proposal and determined that the development complies with the requirements of the Acid Sulfate Soils Overlay Code. Council officers have included a condition within the officer’s recommendation that requires the applicant to undertake an acid sulfate soils investigation and, if necessary, provide Council with an acid sulfate soil management plan as determined by the results of the investigation.
738th Council Meeting 21 June 2017 333 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Airport Environs Overlay Code The proposed development is considered to comply with the requirements of the Airport Environs Overlay Code. Coastal Erosion Hazard Overlay Code The proposed development is considered to comply with the requirements of the Coastal Erosion Hazard Overlay Code. Light Rail Urban Renewal Overlay Code The purpose of the Light Rail Urban Renewal Overlay Code is to: “The purpose of this overlay code is to ensure development provides high quality urban environments that optimises the pedestrian environment and accessibility to light rail services and economic development opportunities. This overlay code supports development opportunity as a catalyst for transforming the city into a highly-connected, compact city with vibrant centres, specialist precincts and urban renewal corridors that will efficiently use land and offer an interesting and unique street life. The purposed of the code will be achieved through the following overall outcomes:
Create genuine communities (a) Place making helps development contribute to strengthening genuine communities local character through: (i) neighbourhood analysis that evaluates the distinct local character patterns, opportunities, and challenges and how the proposed development enhances them; (ii) master planning for larger sites to coordinate the staged development of multiple buildings, new internal streets, or parks across larger sites; (iii) locating and designing development to respect and complement the scale, character, form and setting of on-site and adjacent properties; (iv) public art opportunities or similar for high-rise sites and sites that interface with public open space to enhance the quality of the development, the public realm and the city; and (v) direct, safe, and accessible pedestrian and cycling connections that connect through to adjacent routes, streets, parks, open space, and transit stations. Streets and spaces for people (b) Built form interfaces with the street to create strong defined building edges and provides opportunities to engage with street life by: (i) integrating balconies, building overhangs and canopies into the built form that are carefully designed and scaled to support the street and positioned to maximise function and pedestrian comfort;
738th Council Meeting 21 June 2017 334 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(ii) protecting sunlight and sky views within the surrounding network of streets, parks, public and private open space, and other shadow sensitive areas; (iii) providing pedestrian paths that are adequately spaced between the built form and kerb to safely and comfortably accommodate movement, streetscape elements, and at-grade active uses; (iv) the inclusion of streetscape and landscape design that are high-quality, sustainable and positively engage the built form with adjacent streets, parks, and open space; (v) providing entrances that are well-defined, clearly visible from pedestrian paths and orientated to front new or existing streets; and (vi) highly visible and accessible public open space provided at-grade to complement, connect, and extend the existing network of public streets, parks and open space. Design buildings to foster ‘street life’ (c) Quality building form at the street-level interacts and enhances street life by: (i) identifying and framing viewpoints from the public realm to prominent visual man-made areas like major intersections, transit nodes, street corridor terminuses, or natural features like the ocean, rivers, and parklands; (ii) setbacks and street level design that promotes positive public to private realm transition and appropriate level of access and surveillance based on the nature of the uses; (iii) locating low-rise buildings or podiums to frame active edges of streets, parks, open space, and to reinforce street corners; and (iv) walkable catchments to light rail stations activating the street edges with animated frontages sleeved by small, well-glazed, individually accessed, and grade-related tenancies.” When considering the above Overall Outcomes, the proposed development in its current form does not meet the provisions of the code. The following comments were provided by the Office of the City Architect: “The scale, height and intensity of the proposed podium exceeds the desired residential character and results in an adverse dominant impact to the immediate area as well as to the streetscape amenity. In order to achieve an appropriate outcome, the proposal must reduce the scale of the podium to be three (3) storeys to respect the framework of established built form.
The proposal incorporates setbacks for the podium however in our view these are still insufficient and inconsistent with the residential scale and amenity where there are clear building separation distances, view corridors and landscape buffers to provide important amenity to adjoining neighbours. The proposal must increase the setbacks to the ground floor west boundary and Levels 2, 3, 4 east boundary in order to achieve an appropriate separation distance that respects the existing framework of the residential neighbourhood.
738th Council Meeting 21 June 2017 335 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The facades must incorporate a greater level of building articulation through more varied decorative screening elements, an increased variety of materials, colours and finishes to reduce the large areas of singular wall planes and austere appearances. The architectural language of the south and west podium facades must be improved to have a more sophisticated composition that will provide a high level of amenity to the neighbours to ameliorate the impact of the built form.”
The proposed setbacks of both the podium and tower form are considered to be appropriate to the side and rear boundaries to protect the amenity of adjoining uses. As previously acknowledged, the proposed podium, through the accumulation of the height, site cover and setbacks, is not a form currently present within the immediate area. Council officers consider that the four (4) storey podium would result in a dramatic shift in the established character compared to adjacent developments. However, the site is located in a Frame Area of the ‘Light Rail Urban Renewal Overlay Code’. As discussed previously, it is acknowledged that the City Plan supports podium form within ‘Frame Areas’ and therefore the proposed podium form is considered to be an outcome that achieves the intent of a ‘high intensity urban environment’ as intended by the City Plan for this area. 7.1.4 Assessment against the relevant development codes The proposed development is required to be assessed against the following development codes: .High Rise Accommodation Design Code; .General Development Provisions Code; .Transport Code; .Driveways and Vehicular Crossing Code; .Solid Waste Management Code; .Vegetation Management Code; and .Healthy Waters Code. The proposal complies with all of the development code’s acceptable outcomes, except as follows: High Rise Accommodation Design Code The purpose of the High Rise Accommodation Design Code is to: ”(1) The purpose of the High-rise accommodation design code is to responsibly encourage diverse, innovative and engaging sub-tropical high-rise forms that enhance the city skyline. (2) The purpose of the code will be achieved through the following overall outcomes: (a) Development is designed to create attractive, high-quality visually appealing buildings and protect the privacy and amenity of neighbouring residential premises. (b) Slender towers relate to existing high-rises and enhance views of the city skyline. (c) Tower development mitigates negative visual and physical impacts through appropriate setbacks and design.
738th Council Meeting 21 June 2017 336 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(d) Development provides a high-standard of amenity and visual interest for users and neighbours. (e) Development is designed and orientated to promote a safe environment within the site, adjoining streets and public realm. (f) Development is complemented by high-quality landscaping that contributes to the desired character of the area. (g) Development is designed to promote safe and convenient pedestrian and vehicle access to and from the site. (h) Development supports the provision of diversity of housing for various types of households within the city to meet the needs of existing and future residents.”
Tower base (podium)
Performance Outcome Comments
PO1 AO1.1 Where podiums are envisaged by the zone, Tower base heights: tower base form respects the framework of (a) are well-proportioned to frame adjacent established built form, adjacent streets, parks park land and on-site open space; and public or private open spaces. (b) match neighbouring low-set built form; or (c) are no greater than 10.5 metres in height where no neighbouring low-set built form exists.
AO1.2 Tower base setbacks: (a) match adjacent established setbacks; and (b) continue public open space areas provided along street frontages.
Officer’s Comment
As previously discussed, Council officers consider that the four (4) storey podium would result in a dramatic shift in the established character of adjacent residential properties. However, the site is located in a Frame Area of the ‘Light Rail Urban Renewal Overlay Code’, which is identified as a catalyst to transform the City and provide an intensive urban environment. It is acknowledged that the City Plan supports podium form within ‘Frame Areas’ and therefore the proposed podium form is considered an acceptable outcome in achieving the intent of a ‘high intensity urban environment’ as intended by the City Plan.
738th Council Meeting 21 June 2017 337 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Performance Outcome Comments
PO2 AO2 Tower base façades reinforce the intended Tower base façades avoid blank, featureless neighbourhood character and enhance the walls by patterning high-quality architectural pedestrian experience. elements, like window bays, canopies, and fenestration.
Officer’s Comment
The design of the tower base façade has been referred to the Office of the City Architect who provided the following comments: “The proposal must incorporate a higher quality north podium façade fronting Elizabeth Avenue. The composition of the north podium façade requires a more sophisticated architectural language and must be more visually attractive to appropriately address the important street frontage and to enhance the public realm. The front podium façade must incorporate are more refined composition, with higher quality architectural elements that promote engagement with pedestrians, and visually enhance the character of the precinct.” Planning Assessment officers note the above comments but have not recommended any amendment to the tower base façade (via conditions of approval) as the request does not provide a clear or certain outcome. Although architectural improvements to the façade would improve the appearance of the building, the podium achieves an outcome that is considered to satisfy the Overall Outcomes of the High Density Residential Zone Code and Light Rail Urban Renewal Overlay Code which outlines the intended character for the area. It can be further argued that the proposal satisfies AO2 of the code. Therefore PO2 is considered to be achieved.
Tower form design
Performance Outcome Comments
PO5 AO5.1 Slender tower form promotes: Tower form (including balconies) along: (a) open, attractive and distinct skyline; (a) single frontages step in at least 3m from the base (podium). (b) small, fast moving shadows; (c) view corridors between nearby towers; (d) efficient interior climate control; and (e) balconies as an extension of indoor living space.
Officer’s Comment
738th Council Meeting 21 June 2017 338 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The tower form is setback approximately 0.5m from the outer most projection of the podium and therefore provides an alternative outcome to AO5.1. The tower form is considered to achieve a suitable setback ranging between 1.5m to 3.2m to the site’s frontage. This reduced front setback ensures that an appropriate outcome in terms of privacy and amenity is achieved to the south, being a residential development. Therefore, the proposed development is considered to achieve an appropriate outcome with respect to PO5.
Performance Outcome Comments
PO7 AO7 Balconies maximise building performance Balconies: while minimising negative impacts on the (a) are not made with materials susceptible building mass and public realm. to solar gain; (b) are not made with transparent materials that spill light from the dwellings; and (c) integrate into the building profile.
Officer’s Comment
The applicant seeks an alternative outcome in relation to transparent materials (glass) used for balconies. While glass is a transparent material, the glass provides a certain depth to the tower form therefore reducing the perceived building bulk of the tower. The development does not utilise glass balustrades for the entire eastern, southern and western facades and incorporates solid material and dark colours which will reduce spill light form the proposed dwellings. The balconies are considered to maximise building performance whilst minimising negative impacts of building mass. Council officers consider the proposed development meets Performance Outcome PO7.
Communal open space
Performance Outcome Acceptable Outcome
PO11 AO11.1 Communal space areas: Communal space is provided at a rate of 11m² per intended user of the site and is (a) are accessible, useable and safe; designed for simultaneous use by (b) enhance the attractiveness of the individuals and groups. development; (c) provide opportunities for social interaction; and (d) create pleasantly shaded outdoor areas.
738th Council Meeting 21 June 2017 339 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Officer’s Comments The applicant is seeking an alternative outcome in relation to communal open space. The proposed development provides approximately 506m2 of communal open space which is an alternative outcome to AO11.1. A recreational capacity analysis has been calculated demonstrating that at 90% occupancy (assuming a 33% use rate of occupants at any one time) 759m2 would be required. However, given the large private open space areas proposed and the proximity to Broadbeach parkland and beach, the proposed communal open space is considered adequate for the development. The communal recreational areas are easily accessible via lift, safe and highly useable. The podium level includes a large infinity pool, two (2) sundecks, three (3) outdoor lounges, yoga lawn, gym, chill-out zone, residence lounge and three (3) outdoor dining/barbeque areas (Refer to Figure 3). Council officers consider the development offers sufficient recreational options and activities for future residents. The communal open space is proposed at Level 5 which sit atop the proposed podium and tapers in from the podium extremities to assist in enhancing the attractiveness of the development. The communal area has been designed to achieve multiple zones to allow for multiple groups to use the space at the same time. The communal open space offers a residence lounge providing an opportunity for all residents to socially interact. The proposed sun decks include umbrellas to create pleasantly shaded outdoor areas for residents to use. Therefore, Council officers consider the proposed development achieves Performance Outcome PO11 of the High Rise Accommodation Design Zone Code.
General Development Provisions Code The Purpose statement of the General Development Provisions Code reads as follows:
“(1) The purpose of the General development provisions code is to provide a consistent approach to city wide issues and avoid duplication of regulation throughout the City Plan. (2) The purpose of the code will be achieved through the following overall outcomes: (a) Development is designed to maintain the expected level of amenity for the area. (b) Development promotes a safe environment and reduces the potential for crime. (c) Development is designed to respect the natural values of the land, including vegetation, natural topography and development on steep slopes to minimise impacts on the landscape character of the city's rural, urban and hinterland areas. (d) Development does not result in unsightly retaining walls. (e) Building services and storage areas are designed and located to avoid nuisance to adjoining premises and avoid an unattractive appearance when viewed from the street. (f) Development does not cause adverse stormwater drainage impacts on or off the site.
738th Council Meeting 21 June 2017 340 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(g) Development is connected to essential services and public utilities in accordance with infrastructure provider requirements.” Shadow Performance Outcome Comments
PO8 AO8.1 The building is designed and The width of the shadow cast in any direction by each level of located to ensure that the the building, excluding balconies and lift wells, does not shadow cast by the building exceed twice the width of the shadow cast in any other does not detract from a direction. 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 Figure 9.4.4-1 shadows; Illustration showing width ratio shadow outcome (c) the effect of the shadow on AO8.2 the ocean beach, The shadow cast by the building in a true south direction has a Broadwater foreshore, or length 0.25 times the height of the building, as measured from riverside or beachside ground level adjacent to the southern side of the subject public open space; building to the top of the topmost storey, and does not intrude (d) the location of the shadow onto any other site, or does not cast shadow onto any other on non-residential areas building on the same site. external to the site; and (e) the effect of the shadow on any other site or other building.
738th Council Meeting 21 June 2017 341 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Officer’s Comment
The proposed development does not comply with Acceptable Outcome AO8.1 and AO8.2. The development is considered to comply with Performance Outcome PO4, due to the following: Shadow impacts are expected within the High Density Residential Zone, especially in areas where no building height ‘HX’ has been identified on the building height overlay map. To ensure the impact does not unreasonably impact residential amenity, it is important that the shadow generated is narrow and fast moving. This is solely dependent upon the size of the building footprint and its orientation. The applicant has submitted a shadow diagrams of the proposed high rise development to address the shadow impacts of the proposed development to adjoining properties:
738th Council Meeting 21 June 2017 342 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The apartment building has been sited closer to the northern boundary to minimise shadow impacts of the development upon the surrounding development. Review of sun study diagrams to winter, spring, autumn and summer demonstrate the shadow cast by the building does not unreasonably detract from the ground level environment. The shadow impact still allows comfortable living for properties to the south, as adequate sunlight to private and public spaces is provided throughout varying times of the day. The cumulative impact of the shadow and existing shadow is not of detriment to the surrounding properties. Review of the shadow diagrams (particularly winter when shadow impacts are greater) illustrate that adequate sunlight is achieved to the property to the immediate south throughout varying times of the day. Due to the height of the Oracle and other existing high rises in proximity to the site, there are many instances where these towers overshadow each other. During summer, autumn and spring the location of the shadow falls over residential properties. During winter at 12pm and 3pm, when the impact of shadow is at its worse, the shadow falls over the communal open space of the residents to the south. However, as depicted on the above diagrams, the shadow from the proposed building is overshadowed by existing shadow cast by the Oracle and will continue not dramatically increase the existing shadow impact on properties to the south. The shadow impacts generated by the development do not unreasonably impact residential amenity. The properties to the south receive adequate sunlight during spring, summer and autumn.
Transport Code The proposal is considered to comply with the Purpose and the Overall Outcomes of the Transport Code and the development is therefore considered to comply with the Code. Transport Assessment supports the proposal and where conditions of approval are required, they have been included within the Officer’s recommendation. Although not required as the development complies with the Purpose and Overall Outcomes of the Code, an assessment has been undertaken below to discuss compliance with particular Performance Outcomes which are considered to be of particular relevance. Car parking provision
Performance Outcome Comments
738th Council Meeting 21 June 2017 343 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
PO1 AO1 Development provides off-street car parking Multiple Dwelling: 1 space per dwelling, plus to accommodate for the parking demand. 1 space per 10 dwellings for visitors. Food and Drink Outlet / Shop: 1 space per 75 m2 TUA
Officer’s Comment
The following comments been provided by Council’s City Transport section: “To comply with AO1, the development would require a total of 128 car parking spaces, being 115 spaces for residents, 12 spaces for visitors and 1 space for the commercial tenancy. Plans show a total of 139 car parking spaces, being 127 spaces for residents, 11 spaces for visitors and 1 space for staff. Proposed parking provision complies with AO1, with the exception of visitor parking, which is 1 space short of meeting the AO. Officers consider this outcome acceptable. One of the visitor spaces (at Ground Level) is proposed to be used jointly as a short- term loading bay, suitable for a van. Shared use is considered appropriate, as servicing is likely to be infrequent, and this will allow the parking bay to be used by visitors when not in use for servicing.” Therefore, Council officers consider the proposed development meets PO1 of the Transport Code.
Access to car parking areas Performance Outcome Comments
PO2 AO2 Development ensures that access to car Car parking spaces for employees and parking spaces is provided for employees and visitors does not have gateways, doors or bona fide visitors. similar devices which restrict vehicular access.
Officer’s Comment
The following comments been provided by Council’s City Transport section: “Plans show gated access to basement and podium levels. With the exception of two visitor bays and a loading bay, all visitor car parking is therefore located behind a security shutter. To provide access to visitor car parking, plans show an intercom located on entry to the site. Compliance with PO2 is achieved. Given that separate access is provided to basement and podium level car parking, a condition has been recommended for signage to be installed (in proximity to the intercom) advising that visitor parking is located in the basement, with signage also identifying access to the basement ramp.” Therefore, Council officers consider the proposed development meets PO2 of the Transport Code.
738th Council Meeting 21 June 2017 344 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Servicing Performance Outcome Comments
PO5 AO5 Development accommodates for the required Development is designed to cater for the design service vehicle, including waste largest service vehicle in accordance with collection vehicles to service the Table 9.4.13-9: Minimum class of service development. vehicle. Multiple Dwelling: MRV Short-Term Accommodation: Coach Food and Drink Outlet / Shop: SRV
Officer’s Comment
The following comments been provided by Council’s City Transport section: “AO5 requires the development to provide standing room on-site for a Medium Rigid Vehicle (representing a removalist truck); access by a Coach (for Short-Term Accommodation) and access by an SRV (for the Food and Drink Outlet / Shop). Development plans show a loading bay for a van (SRV) on-site, however, no provision for a Coach or MRV. The applicant proposes an alternate solution for servicing. The applicant intends that servicing by vehicles larger than an SRV will occur on-street, within the Elizabeth Avenue site frontage. The applicant considers this the more convenient option for delivery drivers, even if dedicated servicing facilities were provided on-site. Officers are of the opinion that on-street servicing by removalist trucks (infrequent access) and coaches is acceptable based on the scale and context of the development. The relatively small scale of the site (1,032 m2 / 115 units) and the access design (driveway leading directly to basement / podium car parking) does not lend itself to access by large service vehicles. On-street parking is regulated (2P) and so it is likely that parking opportunities will be available for temporary service vehicle parking.” Therefore, Council officers consider the proposed development meets PO2 of the Transport Code.
Active transport facilities Performance Outcome Comments
738th Council Meeting 21 June 2017 345 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
PO10 AO10.1 Development ensures that adequate off-street Development provides off-street bicycle bicycle parking and end-of-trip facilities are parking and end-of-trip facilities in provided to encourage use and meet the accordance with Table 9.4.13-10: Bicycle needs and volumes of predicted pedestrian parking rates and Table 9.4.13-11: End-of- and cyclist users. trip facilities for active travel users. Note: This AO does not apply to the following uses: Dwelling house; Secondary dwelling; Dual occupancy; or Multiple dwelling (where there are 3 dwellings or less).
Officer’s Comment
The following comments been provided by Council’s City Transport section: “To comply with AO10.1, the development would require 115 bicycle parking spaces for residents, 39 spaces for residential visitors, 2 spaces for commercial visitors and 1 space for staff of the commercial tenancy. Plans show 83 spaces for residents, 1 space for staff and 4 spaces for visitors. Compliance with AO10.1 is not achieved. While AO rates are not met, officers acknowledge that not all residents may own a bike, or that some residents will choose to store their bikes within their unit, rather than in a residential bike store. The proposed residential provision represents a high quality outcome, in that dedicated bikes stores are proposed (rather than hanging hooks at the end of car parking bays). On this basis, the proposed supply is considered acceptable. Staff bicycle parking is proposed as a genuine ‘Security Level B’ facility, being a bike rack in a secure, dedicated structure. The 4 bike spaces proposed at the site front, and freely accessible, are considered sufficient for visitors given the largely residential nature of the development. It is expected that these spaces would more likely be used by customers of the commercial tenancy. Compliance with PO10 is deemed to be achieved.” Therefore, Council officers consider the proposed development meets PO10 of the Transport Code.
738th Council Meeting 21 June 2017 346 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Traffic impacts Performance Outcome Comments
PO20 AO20 Development is: A Traffic Impact Assessment is prepared and submitted to Council in the following (a) appropriately located to reduce the need instances: to travel by car and is accessible by public transport, walking and cycling; and (a) when the development is identified as “any other use not listed in this table” or (b) designed to reduce impacts on the “any other undefined use” in amenity, safety and operation of the road Part 5 – network through appropriate measures to Tables of assessment; ensure that the function and capacity of the (b) when the development is freight road network is not compromised. dependent; (c) when vehicle access will be required to a road identified on the Function road hierarchy map; (d) when vehicle access will be required to a service road as identified on the Pacific motorway service road types overlay map; (e) when vehicle access will be required within 100m of a signalised intersection; (f) when vehicle access will be required within 50m of a roundabout; or (g) when a new intersection is proposed.
Officer’s Comment
The following comments been provided by Council’s City Transport section: “In accordance with the criteria prescribed in AO20, the development proposal does not trigger the submission of a Traffic Impact Assessment report. Notwithstanding this, the proposed density of 1 bedroom per 4.3 m2 site area exceeds the prescribed density of 1 bedroom per 13 m2 (i.e. 3 times over the prescribed density). However, the development trip generation of 46 vehicles per hour is not expected to adversely impact the local road network (particularly when considering dispersion through the road network). No further assessment of traffic impacts is deemed warranted..” Therefore, Council officers consider the proposed development meets PO20 of the Transport Code.
738th Council Meeting 21 June 2017 347 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Design of car parking areas Performance Outcome Comments
PO25 AO25.1 Off street car parking areas are designed to: Off street car parking is designed, constructed, line marked and maintained in (a) provide a legible and efficient internal accordance with AS2890.1, AS2890.2. layout; AS2890.6 and AS1428.1. (b) ensure the safety and security of users; (c) clearly distinguishable from pedestrian paths and entry points; (d) be easily negotiated by vehicles and pedestrians including persons with a disability; (e) ensure that there is no disruptions to or queues onto the public road network; (f) provide sight distances from driveways to ensure visibility between vehicles on the driveway and pedestrians on the verge; and (g) be marked and maintained to the current relevant standard.
Officer’s Comment
The following comments been provided by Council’s City Transport section: “While the design of car parking aisles does not allow two cars to pass at all locations, convex mirrors have been provided to allow visibility between entering and exiting vehicles. Based on the scale of development (115 units / 46 vph), and given that car parking is split between basement and podium levels, this arrangement is considered acceptable. In other cases, signalised control systems are proposed. The upper two levels of the podium car park (P3 and P4) are serviced by a single-lane (two-way) ramp. A signalised control system will manage vehicle ingress and egress to/from Podium levels 3 and 4. A signalised control system is also proposed at Ground level to manage vehicle access between the basement and site frontage. A single access driveway is proposed from Elizabeth Avenue, which branches into two separate ramp systems - one to the basement and one to podium levels. As a result, there is potential for multiple conflicts just beyond the intercom. However, a signalised control system is proposed, requiring vehicles leaving the basement to yield and give way to vehicles entering and leaving podium levels (and entering basement levels). In any case, vehicles leaving the podium will have better visibility than those leaving the basement and will be able to see any vehicles moving into a potential conflict position. While the majority of visitor car parking spaces are designed as 2.5 m wide, a proportion of the spaces are 2.4 m wide (2 of the 3 spaces at Ground Level and 3 of the 9 spaces in Basement 1). AS2890.1 allows 2.4 m wide parking spaces for
738th Council Meeting 21 June 2017 348 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
employee, residential, all-day commuter and domestic uses (User Class 1 and 1A). Other uses should allow a minimum width of 2.5 m. The subject visitor parking spaces will be predominantly used by residential visitors. The applicant contends that these spaces will generally be for medium-to-long term use (more than 2 hours) and that the proposed User Class is therefore appropriate. Ideally, visitor bays should be widened to a minimum of 2.5 m to allow additional room for manoeuvring and car door opening for users unfamiliar with the site. However, User Class 1A allows for domestic use. The proposed parking geometry is therefore accepted in this case.
AS2890.1 requires a 1 m aisle extension. Car parking spaces located in the SW corner of each parking level have not been provided with an aisle extension (bays #75 B3, #51 B2, #27 B1, #3 at Ground, #21 P2, #42 P3). However, the applicant’s Traffic Engineer has produced swept paths demonstrating that vehicle access is achievable to and from each of these spaces. This is accepted as an acceptable alternate outcome. The visitor parking area at Ground Level (3 spaces) does not provide a dedicated turn- around facility. However, visitors would request access via the intercom on entry to the site. Therefore, in the event that the 3 visitor spaces located outside the security gate are occupied, they would be able to access visitor parking in Basement Level 1. Plans show pedestrian sight triangles on both sides of the driveway, in accordance with Figure 3.4 of AS2890.2. Appropriate alternate outcomes have been accepted, or amended plan conditions applied, where appropriate.” Therefore, Council officers consider the proposed development meets PO25 of the Transport Code.
Driveway and Vehicular Crossings Code The proposal is considered to comply with the Purpose and the Overall Outcomes of the Driveways and Vehicular Crossing Code and the development is therefore considered to comply with the Code. Where conditions of approval are required, they have been included within the Officer’s recommendation.
Solid Waste Management Code The proposal is considered to comply with the Purpose and the Overall Outcomes of the Solid Waste Management Code and the development is therefore considered to comply with the Code. Where conditions of approval are required, they have been included within the Officer’s recommendation
Vegetation Management Code The proposal is considered to comply with the Purpose and the Overall Outcomes of the Vegetation Management Code and the development is therefore considered to comply with the Code. Where conditions of approval are required, they have been included within the Officer’s recommendation.
738th Council Meeting 21 June 2017 349 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Healthy Waters Code The proposal is considered to comply with the Purpose and the Overall Outcomes of the Healthy Waters Code and the development is therefore considered to comply with the Code. Where conditions of approval are required, they have been included within the Officer’s recommendation.
7.2 Assessment against the State Planning Policy The applicant has undertaken an assessment of the proposal against the interim development assessment requirements of the State Planning Policy July 2014. A review of the applicant’s assessment against the requirements of the SPP has demonstrated compliance with the SPP. 7.3 Assessment against the State Planning Regulatory Provisions The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below. The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion.
7.4 Assessment of development infrastructure requirements The final estimated infrastructure charge associated with the construction of the proposed development, assuming the proponent provides all of the required development infrastructure is $2,418,171.60 The charges are required to be paid prior to the earliest of when the change happens, when the final plumbing inspection is undertaken, the issue of a certificate of classification, or the final inspection certificate for building work being issued.
8 CONSULTATION 8.1 Internal Referrals The application was referred to the following internal referrals: .Health and Regulatory Services; .Transport Assessment; .Subdivision Engineering; .Open Space Assessment; .Office of the City Architect; .City Assets;
738th Council Meeting 21 June 2017 350 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
.Plumbing and Drainage; .Hydraulics Assessment; .Geotechnical Assessment; .Landscaping Assessment; and .Gold Coast Water.
From this meeting the application was referred to applicable referrals as discussed below:
Internal Comments &/or Conditions Referrals
11.1 Health and Officer’s comments Regulatory Waste Services Council’s Environmental Health section had requested clarification and further information be provided by the applicant relating to the waste provision of the proposed development and a suitable Waste Management Program. This requested information was in the form of an information request, response to information request and meeting held with applicant as this information is detailed in nature please refer to #60576196 and #61939871. Weekly waste generation equates to 11, 700L for residential general & 7, 100L for residential recycling; 1, 098L for commercial general & 732L for commercial recycling; The commercial premises is utilising 1x1100L bulk for general & 1x 1100L bulk for recycling; and The residential premises is utilising 2x 3000L bulk for general & 1x 3000L bulk for recycling. Due to the limited or awkward size of the residential waste rooms located on Basement 1, Basement 3 and the Waste Servicing point at the time of review it was found that the only suitable bin configuration that complied with the Solid Waste Management Policy is as listed above. Due to the lower bin volumes, bin collection frequency would be to occur 5-6 days per week with 1x collection for commercial general and recycling; 2x collection for residential general; 2-3x collection for residential recycling. Although this is not ideal with multiple weekly servicing’s it was found to be the most suitable arrangement for the proposed development. Further recycling bins will be placed on each floor and basement levels to allow tenants to dispose of recycling and these will be transferred to bulk bins by the management. Further information relating to bin lifts, carting routes has been adequately addressed within the re-submitted Waste Management Plan. Noise Council’s Environmental Health section had requested clarification and further information be provided by the applicant relating to the supplied
738th Council Meeting 21 June 2017 351 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
acoustic report for the proposed development. This requested information was in the form of an information request, response to information request and meeting held with applicant. The applicant was required to amend and provide a recommendations section within the report, this has been done within the most recently submitted response; although it is not overly comprehensive it is suitable for use for acoustic conditioning for the proposed development. Within the recommendations section it has been advised that a parapet will be constructed around the podium deck of 1m in height and with a minimum surface density of 3kg/m2; Health will be increasing this to a surface density of 10.5kg/m2. Further review of the plans identifies vertical louvres on the first 3 levels which would assist in attenuating noise from carparks located on the first 4 levels. The agreed sound power level 87 was applied to calculations provided relating to noise impact on neighbouring properties from the barbeque, swimming pool podium area on level 5 and provided that distance attenuation and screening attenuation are correct the predicted noise levels are lower than the acoustic quality objectives.
The following conditions were provided: Waste management plan; Bulk bin – storage point within building structure; Bulk bins – servicing point; Waste chute – design and construction; Waste disposal points – design and construction; Waste storage room – design and construction; Recyclable storage; Acoustics – design and construction; Acoustic compliance report; Acoustic barrier; Air conditioning; Alfresco dining hours; Amplified music; Delivery and collection hours; Hours of operation; and Driveway and carpark surfaces.
11.2 Transport Officer’s comments Assessment Comments detailed above in section of report ‘Compliance with development code - Transport Code’. The following conditions were provided:
738th Council Meeting 21 June 2017 352 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Off-street car parking facilities; Visitor and staff car parking spaces; Bicycle parking; Sight lines to pedestrians; and Footpaths.
11.3 Subdivision Officer’s comments Engineering The Subdivision Engineering Section is satisfied with the proposal.
The following conditions were provided: Electricity supply – MCU; and Telecommunications – MCU.
11.4 Open Space Officer’s comments Assessment The applicant has submitted an amended Statement of Landscape Intent being: “Proposed High Rise Residential Development, sheets 1-17 Revision ‘E’, dated 31/03/2017, prepared by Place Design Group. Disucssion on the proposal will be separated into the following section: 1. Street trees The applciant has provided detail on street trees along Elizabeth Avenue. Open Space are generally supportive of the proposed street trees however the locations will be determined based on Council’s Street Tree Planning- set-out guidelines. The applicant has provided species ARAUCARIA heterophylla that is consistent to the local area. The following conditions were provided: Endorsement of concepts; Landscaping plan; As constructed data; and Maintenance management schedules.
11.5 Office of the Officer’s comments City Architect High Rise Accommodation Design Code Podium Setbacks PO1: The revised proposal incorporates setbacks for the podium however in our view these are still insufficient and inconsistent with the residential scale and amenity where there are clear building separation distances, view corridors and landscape buffers to provide important amenity to adjoining neighbours. The proposal must increase the following setbacks in order to achieve an appropriate separation distance that respects the existing framework of the residential neighbourhood: Ground floor: increase the setback to the west boundary to
738th Council Meeting 21 June 2017 353 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
achieve a minimum 1.5m landscape buffer Levels 2, 3, 4 : increase the setback to the east boundary to achieve a minimum 2m separation distance Podium scale PO2: The envisaged city form and height pattern is not maintained by the proposed height of the 4 storey podium in this area south of the centre of Broadbeach. The proposal is located on the edge of Oracle Broadbeach and within a distinct residential low rise area that has a different character, scale and amenity to the centre. The 4 storey podium at 14 metres high results in a dominant podium form and adversely impacts the character and amenity of the area. In order to ameliorate the visual dominance of the podium form to adjoining neighbours and the streetscape, the development must reduce the podium height by one level to respect and complement the scale of adjoining residential area. Podium facade PO2: The revised proposal must incorporate additional articulation to the podium north, south and west facades to provide appropriately attractive and visually appealing elevations that also importantly visually screens the internal car parking areas and ramps to the adjoining neighbours. The facades must incorporate a greater level of building articulation through high quality, fine grain, decorative and textured screening elements and blades to reduce the large areas of singular wall planes and austere appearance. The architectural language of the podium facade must incorporate a high level of visual appeal and a sophisticated composition that will provide a high level of amenity to the neighbours.
Light rail urban renewal area overlay code Design buildings to foster ‘street life’ Clearly defined podium and tower form: The overall form and proportion of the podium and tower does not result in a clearly defined and distinct separation of elements as desired to reflect the local character of the area. By clearly defining the two separate elements, the building form has a reduced perceived bulk and the tower will appear more legible and distinct in the iconic Broadbeach skyline. The following conditions were provided: Increase the podium setbacks to comply with the following: Ground floor: increase the setback to the west boundary to achieve a minimum 1.5m landscape buffer; Levels 2, 3, 4 : increase the setback to the east boundary to achieve a minimum 2m separation distance One level of podium car parking (level 4) must be removed in order to reduce the podium height to a maximum of 10.5 metres above natural ground level. Increase the articulation to the podium facades on the north, south and west elevations. The facades must incorporate a greater level of building articulation through high quality, fine grain, decorative and
738th Council Meeting 21 June 2017 354 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
textured screening elements and blades to reduce the large areas of singular wall planes and austere appearance. The architectural language of the podium facade must incorporate a high level of visual appeal and a sophisticated composition that will provide a high level of amenity to the neighbours. Increase the visual distinction between the podium form and tower form through the architectural language and increased setbacks of the tower from the podium edges.
11.6 City Assets Officer’s comments City Assets does not support any privately constructed structures within the road reserve as the maintenance and the liability are usually under the jurisdiction of the Council unless alternative arrangements are made outside the DA process. The applicant shall amend the associated drawings (e.g. DA-201 to 203, DA025, DA-103, all ground level and sectional elevation plans) to show that the above structures outside the road reserve. The approved drawings will form part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in accordance with the approved drawings. The following conditions were provided: Vehicular crossings; Road reserve alterations/reconstruction; and Alterations to services, infrastructure and/or road reserve.
11.7 Plumbing Officer’s comments Not applicable. and Drainage The following conditions were provided: Application for compliance permit for sewerage works, water supply plumbing work and fire services plumbing work required.
11.8 Hydraulic Officer’s comments The applicant submitted a stormwater management plan, being Assessment “Stormwater Management Plan, Revision Final –V1” dated 26 October 2016 prepared by H2One Pty Ltd, in support of the application. This report proposed 26.8m3 onsite detention for peak flow mitigation purposes. The post development adopted C10 value appears to be inconsistent with the proposed land use. However, the proposed detention size appears to be adequate for such development. The report has also proposed 20m2 bio-retention filter areas at level 3 carpark for stormwater quality improvement purposes. However, the report did not identify the location of the basin on scaled plan. An information request was issued to address the issue. In response, the app the applicant has submitted a letter tilted “RE: Response to RFI (Condition 29) for 12 TO 14 Elizabeth Ave, Broadbeach QLD” dated 9 February 2017 prepared by H2One Pty Ltd.
This section supports the development subject to the following conditions:
738th Council Meeting 21 June 2017 355 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
The following conditions were provided: Hydraulic and stormwater management; Dewatering management plan; and Erosion and sediment control.
11.9 Officer’s comments Landslide Hazard Overlay Map of the City Plan does not identify the site Geotechnical with any landslide hazard. As such, the relevant ‘Landslide Hazard Assessment Overlay Code’ is not applicable for the site.
The submitted drawings indicate that the proposed development includes a 3-level in-ground basement car park, as shown in Figure 1.
The construction of the proposed basement will require deep excavation extending up to the property boundary. This deep excavation may potentially destabilise/damage adjoining properties/structures unless adequate retention system is designed and installed on site. However, no geotechnical report was provided from a geotechnical engineer (RPEQ) demonstrating and certifying that the proposed basement excavation retention system will achieve a factor of safety greater than or equal to 1.5 against geotechnical failure, and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent properties, buildings, utility services and infrastructure.
In order to ensure no adverse impact on any adjacent properties/structures as a result of the proposed basement excavation/construction, this Section recommends that the following conditions be included with the decision notice. The following conditions were provided: Preparation of basement excavation stability assessment report; Basement excavation; On-site supervision of basement excavation works; Basement excavation and ground anchoring issues; and Certification of completed basement excavation works.
11.10 Landscape Officer’s comments Landscape assessment has reviewed the response to the request items. Assessment Landscape assessment believes the landscaping amendments to be generally acceptable. Landscape assessment therefore approves the landscaping proposed and has provided conditions below; The following conditions were provided: Detailed landscape plan to be submitted for approval; Bio basin filter media depth for tree planting; and Green wall/trailing creeper.
11.11 Gold Coast Officer’s comments The Coordinator, Network Planning has reviewed the sewerage and
738th Council Meeting 21 June 2017 356 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Water water supply capacity assessment report for the site and found an additional 6.1 kL Emergency storage upgrade at SPS A25 in 2031 is required to serve the proposed development up to 2066. The development is proposed with a sewer demand of 206.3 Equivalent Persons (75.6 Equivalent Tenements). The cost of the additional storage has been calculated as $57,670.30. These requirements will be reflected in the recommended conditions of approval for this application.
The subject site has a 225 mm sewer gravity main along the Elizabeth Avenue frontage, adjacent to the Northern property boundary.
A 100mm potable water main runs adjacent to the Northern property boundary along the Elizabeth Avenue frontage.
Gold Coast Water and Waste Conditions of Approval below will reflect the above arrangement. The following conditions were provided: Sewerage reticulation; and Water supply reticulation.
8.2 External Referrals 8.2.1 Concurrence agencies Not applicable.
8.2.2 Advice agencies Not applicable. 8.3 Public Notification The application is subject to Code Assessment and therefore public notification is not required in accordance with the Sustainable Planning Act 2009.
9 CONCLUSION After a detailed assessment of the proposed development, it has been determined the proposed development complies with the Purpose and Overall Outcomes of the relevant Codes. Alternative Outcomes have been assessed and are determined to satisfy the Performance Outcome or the Purpose and Overall Outcomes of the relevant codes. It is recommended the application be approved, subject to conditions.
10 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution: Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further
738th Council Meeting 21 June 2017 357 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1 information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline. Stormwater (Management Plan) There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline. Study/Media Rooms There are development approval conditions prohibiting the conversion of study and/or media rooms into additional bedrooms. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.
12 RECOMMENDATION
It is recommended that Council resolves as follows: Real property description Lot 45 on SP291104 Address of property 12 - 14 Elizabeth Avenue, Broadbeach Area of property 1,032m2 Decision type Development Permit for Material Change of Use (Code Assessment) for a Multiple Dwelling and Short Term Accommodation (Total of 115 Units), Food And Drink Outlet and Shop. Further development permits Operational Works (Landscape Work) Operational Works (Vegetation Work) Operational Works (Works for Infrastructure) Further compliance permits Water Supply Sewerage Works Fire Services Compliance assessment required Dewatering Management Plan for documents or works Basement Excavation Stability
NATURE OF DECISION
A Council approves the issue of a Development Permit for a Material Change of Use for Multiple Dwellings and Short Term Accommodation (Total of 115 units), Food and Drink Outlet and Shop, subject to the following conditions:
APPROVED DRAWINGS
738th Council Meeting 21 June 2017 358 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
1 Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No. Title Date Prepared by DA-100(13) Basement 3 March 2017 dezignteam Architectural Projects DA-101(13) Basement 2 March 2017 dezignteam Architectural Projects DA-102(13) Basement 1 March 2017 dezignteam Architectural Projects DA-103(13) Level 1 (Ground) March 2017 dezignteam Architectural Projects DA-104(13) Level 2 – Car park March 2017 dezignteam Architectural Projects DA-105(13) Level 3 – Car park March 2017 dezignteam Architectural Projects DA-106(13) Level 4 – Car park March 2017 dezignteam Architectural Projects DA-107(13) Level 5 March 2017 dezignteam Architectural Projects DA-108(13) Levels 7-9, 16-26 March 2017 dezignteam Architectural Projects DA-109(13) Levels 11-14 March 2017 dezignteam Architectural Projects DA-110(13) Levels 6, 10, 15 March 2017 dezignteam Architectural Projects DA-111(13) Level 27 March 2017 dezignteam Architectural Projects DA-112(13) Level 28-30 March 2017 dezignteam Architectural Projects DA-113(13) Level 31 March 2017 dezignteam Architectural Projects
738th Council Meeting 21 June 2017 359 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
DA-114(13) Level 32 March 2017 dezignteam Architectural Projects DA-201(13) Elevation 01 March 2017 dezignteam Architectural Projects DA-202 (13) Elevation 02 March 2017 dezignteam Architectural Projects DA-203 (13) Section March 2017 dezignteam Architectural Projects DA-210 (13) Podium Elevation – North March 2017 dezignteam Architectural Projects DA-211 (13) Podium Elevation – West March 2017 dezignteam Architectural Projects DA-212 (13) Podium Elevation – East March 2017 dezignteam Architectural Projects DA-213 (13) Podium Elevation – South March 2017 dezignteam Architectural Projects DA-214 (13) Podium Section 01 March 2017 dezignteam Architectural Projects DA-215 (13) Podium Section 02 March 2017 dezignteam Architectural Projects DA-216 (13) West & North Elevations March 2017 dezignteam with Surroundings Architectural Projects DA-217 (13) East & South Elevations March 2017 dezignteam with Surroundings Architectural Projects
The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. 2 Decision notice and approved plans/drawings to be Timing submitted with subsequent application As indicated within the A copy of this decision notice and accompanying stamped wording of the approved plans/drawings must be submitted with any condition. building development application and operational works application relating to or arising from this development approval.
738th Council Meeting 21 June 2017 360 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
3 Decision notice and approved plans/drawings to be Timing retained on site At all times. A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. 4 Notice of works timetable Timing The applicant must give Council written notice of the After successful following: completion of any pre- start inspections a Application number; required by conditions b Site address; of this or other c Name and telephone number (work and after hours) of development approvals the project manager and the site owner; and at least 5 business days prior to d Works intended to be carried out; commencement of any e The proposed timetable associated with the works, works on site. including expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms- applications.html.
WORKS - COMPLIANCE
5 Certification of compliance Timing All works must be certified by a suitably qualified professional The applicant must as complying with the approved plans. submit the certification prior to the earliest of For this condition, a ‘ ’ is a suitably qualified professional compliance person with tertiary qualification and professional affiliation in assessment of the the field of engineering or science relevant to the works subdivision plan, the and/or management plan and who has at least two years commencement of the experience in management in that field. Where the works ‘On Maintenance’ and/or management plans involve different fields, a period or the certification is required from a suitability qualified professional commencement of the for each separate field. use.
AWNINGS
738th Council Meeting 21 June 2017 361 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
7 Awnings Timing a Prior to the issuing of a Development Permit for Refer to wording of Building Works, a certification from an RPEQ must be condition. submitted to City of Gold Coast confirming the structural adequacy and safety of any proposed awnings above the road reserve. b The certification from the RPEQ must also state the next and subsequent maintenance periods, for inspection of the awning in relation to the necessary requirement for further certification of the awning to ensure the ongoing structural adequacy.
CONSTRUCTION MANAGEMENT
6 Construction management plan Timing Part A Construction Management Requirements A construction management plan must a The construction management plan must be submitted be submitted to, and in accordance with the Application for Construction approved by, Council Management Plan form and Guidelines for prior to the issue of any Construction Management Plans are available on development permit for Council’s website. the carrying out of b The construction management plan must address all building work. activities associated with construction (excluding noise The approved and dust issues), including but not limited to: construction i Vehicle access (including responsibility for management plan must maintenance of the defined cartage route) during be complied with and hours of construction; kept on-site at all times ii Traffic management (including loading and during construction unloading); works. iii Parking of vehicles (including on site employees and delivery vehicles); iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management. c The construction management plan must demonstrate that: i the general public will be adequately protected from construction activities; ii the building site will be kept clean and tidy to maintain public safety and amenity; and iii demand for occupation of the street and protection of Council assets will be well
738th Council Meeting 21 June 2017 362 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
managed. d Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites. e The approved construction management plan must be complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. f Where it is proposed to interfere with a road for any building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. g Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. h Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section. 7 Noise management Timing a Noise from construction activities must not cause an As indicated within the ‘environmental nuisance’ (within the meaning of that wording of the term set out in the Environmental Protection Act 1994) condition. at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. b A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. c The noise management plan must: i be prepared by a suitably qualified acoustic
738th Council Meeting 21 June 2017 363 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise levels from all proposed construction activities; iv identify the measures and work practices that will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; v identify the procedures to be adopted for monitoring of noise emissions; vi provide details of complaint response procedures that will be adopted; vii identify the procedures to be adopted for revision and review of the noise management plan. d The approved noise management plan must be complied with and kept on-site at all times.
8 Dust management Timing a The release of dust and particulate matter from As indicated within the construction activities must not cause an wording of the ‘environmental nuisance’ (within the meaning of that condition. term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. b A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. c The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate emissions; iii identify the measures and work practices that will be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; iv identify the procedures to be adopted for
738th Council Meeting 21 June 2017 364 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
monitoring and reporting of air emissions; v provide details of complaint response procedures that will be adopted; and vi identify the procedures to be adopted for revision and review of the dust management plan. d The approved dust management plan must be complied with and kept on-site at all times. 9 Haulage access / site management Timing a Prior to the commencement of works, the applicant As indicated within the must provide a vehicle barrier along the frontages of wording of the the land, to ensure that all vehicles only use crossovers condition. approved by the Chief Executive Officer. b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site. c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways. g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance
738th Council Meeting 21 June 2017 365 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
of the works on-maintenance or a request for compliance assessment of the subdivision plan. 10 Transport of soil/fill/excavated material Timing During the transportation of soil and other fill/excavated At all times while works material: are occurring. a All trucks hauling soil, or fill/excavated material must have their loads secure and covered; b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads. 11 Workplace health and safety Timing The Workplace Health and Safety Act 2011 and AS 1742 At all times while works Manual of Uniform Traffic Control Devices must be complied are occurring. with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road. 12 Public safety to be ensured Timing The applicant must, at no cost to Council, ensure that all At all times while works reasonable safeguards in and around the works are are occurring. undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.
FOOD AND DRINK COMPONENT 13 Alfresco dining hours Timing Alfresco dining associated with the commercial component of At all times. the development is restricted to between the hours of 7:00am – 10:00pm daily. 14 Amplified music – not permitted Timing Amplified music is not permitted in the commercial premises At all times. at any time. 15 Delivery and collection hours Timing Delivery and collection activities (excluding waste collection At all times. vehicles) must be conducted between the hours of 7:00am – 6:00pm daily.
738th Council Meeting 21 June 2017 366 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
AMENITY 16 Hours of operation – Level 5 Timing The outdoor entertainment/pool area on Level 5 is permitted At all times. to be undertaken between the hours of 7:00 am – 10:00pm only. 17 Driveway and carpark surfaces Timing Driveway and carpark areas are to be finished with surface At all times. coatings that prevent tyre sequel (an uncoated surface is acceptable); Drainage grating placed over trafficable areas is to be well secured to prevent rattling.
PLUMBING AND DRAINAGE
18 Application for compliance permit for sewerage works Timing required Prior to any on-site The applicant must make an application to Council (Plumbing sewerage works and Drainage Services) for a compliance permit for any occurring on site. compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works within the property; b comply with Council’s Trade Waste Guidelines); and c comply with Council’s City Plan Policy SC6.13 Soil Waste Management – Appendix C. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste. 19 Application for compliance permit for water supply Timing plumbing work required Prior to works The applicant must make an application to Council (Plumbing occurring. and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must
738th Council Meeting 21 June 2017 367 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
comply, the application must: a be accompanied by a hydraulic design for all water services within the property; and b comply with Section 5.2 of Council’s City Plan Policy. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 20 Application for compliance permit for fire services Timing plumbing work required Prior to works The applicant must make an application to Council (Plumbing occurring. and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.
ELECTRICAL RETICULATION
21 Electricity supply to MCU developments and private Timing estates Prior to the earlier of The applicant must submit to Council a copy of the Council compliance ‘Certificate of Supply’ from an authorised electricity supplier assessment of (e.g. ENERGEX) as evidence that: subdivision plans or the a low-voltage electricity supply is available to the commencement of the development site and all proposed lots / dwellings use. within the site (i.e. sufficient for the ultimate use of the site). b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.
TELECOMMUNICATIONS
22 Telecommunications – MCU Timing The applicant must: Prior to commencement of the use. a Provide underground telecommunications to the subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. b If new pit and pipe infrastructure is required to be
738th Council Meeting 21 June 2017 368 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).
CAR PARKING AND ACCESS
23 Off-street car parking facilities Timing a Off-street car parking facilities must be designed, Prior to the constructed and maintained to the satisfaction of commencement of the Council, in accordance with AS2890.1 (latest version). use and at all times. b Off-street facilities for car parking must only be used for vehicle parking. c A minimum combined total of 127 off-street car parking spaces must be provided, where a minimum of 115 spaces are provided for residents, a minimum of 11 spaces are provided for residential visitors and a minimum of one space is provided for non-residential uses. d Off-street car parking facilities must be drained, sealed and line marked. 24 Visitor and staff car parking spaces Timing Visitor and staff car parking spaces must be clearly Prior to the identifiable through the provision of appropriate line marking commencement of the and signage and constructed to the satisfaction of Council. use and at all times. 25 Bicycle parking Timing a Bicycle parking must be provided and maintained, to Prior to the the satisfaction of Council, in accordance with commencement of the AS2890.3:2015, Cycling Aspects of Austroads Guides use and at all times. (2014) and the following: i A minimum of 83 ‘Security Level B’ bicycle parking spaces for residents. ii A minimum of 1 ‘Security Level B’ bicycle parking space for staff. iii A minimum of 4 ‘Security Level C’ bicycle parking spaces for visitors. b The bicycle parking spaces are to: i Enable wheels and frame to be located to the device without damaging the bicycle;
738th Council Meeting 21 June 2017 369 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles and opening car doors; vi Be as close as possible to the cyclists ultimate destination; vii Be well lit by appropriate existing or new lighting; and viii Be protected from the weather. 26 Signs and line marking Timing In addition to signs and line marking required by AS2890.1, Prior to the the following must be installed and maintained to the commencement of the satisfaction of Council: use and at all times. a Signage, located within the site, visible to entering vehicles, advising that visitor car parking is located in Basement Level 1. b Wayfinding signage, located within the site, visible to entering vehicles, providing direction to Basement Level 1. 27 Sight lines to pedestrians Timing Where a driveway meets a property boundary to a public Prior to the roadway, clear (triangulated) sight lines must be provided commencement of the and maintained. The sight lines must be 2 metres wide, use and at all times. provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions. 28 Footpaths Timing The applicant must design and construct concrete footpaths Prior to the as follows: commencement of the use. i Minimum 1.5 m wide path along the full frontage of the site to Elizabeth Avenue. a The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths. Information note: This condition is imposed in accordance with section 665 of
738th Council Meeting 21 June 2017 370 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).
VEHICULAR CROSSINGS AND DRIVEWAYS
29 Vehicular crossings Timing a A vehicular crossing (driveway entry within the road Prior to commencement reserve) must be designed and constructed by the of the use on the site. applicant (at no cost to Council) in accordance with the following IPWEA Standard Drawing/s for vehicular crossings as applicable: i RS-051 Driveways - Heavy Duty Vehicle Crossing. b The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s. c Where the vehicular crossing required in item a(i) above is not achievable or do not comply with standards, the applicant must lodge a code assessable operational works application for the vehicular crossing. d The vehicular crossing/s must be constructed to the satisfaction of the Council. 30 Redundant vehicular crossings Timing All redundant vehicle crossings must be removed and kerb Prior to the and channel reinstated in accordance with City Plan Policy– commencement of the Land Development Guidelines, Standard Specifications and use. Drawings. The removal and reinstatement must be to the satisfaction of the Council, at no cost to Council.
ROAD RESERVE ALTERATIONS/RECONSTRUCTION
31 Reconstruction of kerb and channel / footpath Timing a The applicant must reconstruct all kerb and channel Prior to the earlier of a and footpath for the full frontage/s of the development request for compliance site at Elizabeth Avenue to meet the requirements of assessment of the City Plan Policy – Land Development Guidelines of City subdivision plan or the Plan Policy– Land Development Guidelines, Standard commencement of the Specifications and Drawings, prior to the earlier of a use of the premises. request for compliance assessment of the subdivision plan or the commencement of the use of the premises. b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of City Plan Policy– Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.
738th Council Meeting 21 June 2017 371 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
32 Removal of redundant stormwater kerb adaptors / Timing service pits Prior to the earlier of a The applicant must, at the applicant’s cost and at no cost to request for compliance Council, remove any redundant stormwater kerb adaptors assessment of the and disused service pits from the kerb and channel (including subdivision plan or the any associated pipework across the footpath). commencement of the use of the premises.
33 Alterations in road reserve to provide equitable access Timing Any alterations in the road reserve must provide for equitable At all times. access, including satisfaction of the requirements of AS1428 Design for access and mobility as if they applied to the road reserve. 34 Structures inside road reserve Timing All structures (portico and canopy) located inside the road At all times reserve by the applicant is not approved by the Council as part of the decision notice.
ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE
35 Connection to, alteration or realignment of Council Timing infrastructure Any connections, b The applicant must, in respect of any connection to, alterations or alteration or realignment of Council infrastructure, realignment must be regardless of its location (i.e. within road/park reserve completed prior to the or private property), do the following: commencement of the use of the premises, a i Ensure that the proposed works comply with City request for compliance Plan Policy – Land Development Guidelines, assessment of the Standard Specifications and Drawings; subdivision plan or the ii Apply for and obtain a development permit for issuing of a certificate operational work (works for infrastructure) for the of classification, proposed works; whichever occurs first. iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines, Standard Specifications and Drawings. c The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Council. Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters,
738th Council Meeting 21 June 2017 372 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.
WASTE
36 Waste management plan Timing The development must be designed and constructed in At all times. accordance with the approved Waste Management Plan (WMP) prepared by Zone Planning Group dated 19/05/2017 (Reference No. Z16239). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes. 37 Bulk bins – storage point within building structure Timing The bulk bin storage point within the building must be located Prior to occupation. and constructed within a purpose-built storage room, in accordance with Basement 3, Basement 2 and Basement 1 prepared by Morris Property Group dated May 2017 (Reference No. DA-100, DA-101 and DA-102). The design and construction of the storage room must comply with the following requirements: a Air-locked; b Fly and vermin proofed; c Used solely for the storage of waste; d Constructed hardstand area with a solid concrete base or acceptable equivalent; e Graded to fall to a drainage point; f Drainage point to be connected to sewer in accordance with trade waste requirements; and g Provided with a hosecock for cleaning the bins. 38 Bulk bins – servicing point Timing The bulk bin servicing point must be located in accordance with Level 1 Ground prepared by Morris Property Group dated May 2017 (Reference No. DA- 103), and be designed and constructed in accordance with the following requirements: a Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate
738th Council Meeting 21 June 2017 373 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle, taking into consideration: i the waste collection vehicle operating dimensions, ii additional clearance for services and fixtures (eg. pipes, air conditioning ducts etc if applicable); and iii additional clearance for roadway gradient (if applicable). b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas; c Clear of speed control devices or similar provisions d Prior to Occupation which inhibit direct access to the bins for servicing; e Located at least five (5) metres from any door, window or fresh air intake within the development or any adjoining site; f Constructed hardstand with a solid concrete base or acceptable equivalent; g Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway; h Connected to the crossover by a paved path; i Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins, one (1) metre clearance around the combined multiple bin area, whichever is the lesser; and j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site. 39 Waste chute – design and construction Timing The bulk bin servicing point must be located in accordance Prior to occupation. with Level 1 Ground prepared by Morris Property Group dated May 2017 (Reference No. DA- 103), and be designed and constructed in accordance with the following requirements: a Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle, taking into consideration: i the waste collection vehicle operating
738th Council Meeting 21 June 2017 374 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
dimensions; ii additional clearance for services and fixtures (eg. pipes, air conditioning ducts etc if applicable); and iii additional clearance for roadway gradient (if applicable). b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas; c Clear of speed control devices or similar provisions; d Prior to Occupation which inhibit direct access to the bins for servicing; e Located at least five (5) metres from any door, window or fresh air intake within the development or any adjoining site; f Constructed hardstand with a solid concrete base or acceptable equivalent; g Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway; h Connected to the crossover by a paved path; i Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins, one (1) metre clearance around the combined multiple bin area, whichever is the lesser; and j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site. 40 Waste disposal points – design and construction Timing A waste disposal point / hopper must be located on each Prior to occupation. residential floor in accordance with Level 7-9, 16-26, Level 11-14, Level 6, 10, 15, Level 27, Level 28-30, Level 31 prepared by Morris Property Group dated March 2017 (Reference No. DA-108, DA-109, DA-110, DA-111, DA112, DA-113 ), and be designed and constructed in accordance with the following requirements: a Located to ensure the handle of the hopper is at least 1200 millimetres above finished floor level; b Hopper door must automatically return to the closed position after use; c Designed to permit free flow of waste into the chute; d Constructed so that the diameter or largest dimension of the service opening (the diagonal of a rectangular
738th Council Meeting 21 June 2017 375 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected; and e The floor adjacent to the hopper to be constructed of a durable impervious material with a smooth finished surface. 41 Waste storage room – design and construction Timing The waste storage room must be located in accordance with Prior to occupation. Basement 3, Basement 2 and Basement 1 prepared by Morris Property Group dated May 2017 (Reference No. DA- 100, DA-101 and DA-102), and be designed and constructed in accordance with the following requirements: a Fire rated and ventilated in accordance with the ‘National Construction Code – Building Code of Australia’; b Insect and vermin proof; c The doors must be wide enough to allow for the easy removal of the largest container to be stored; d The walls, ceiling, floor and equipment of each waste storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning; e Graded floor to fall to a drainage point/s, connected to sewer in accordance with trade waste requirements; f Adequate additional space must be provided for compactors (if applicable); g Adequate artificial lighting must be provided; h Refrigerated rooms must be fitted with an approved alarm device outside, but controllable only from within the room; i A hose cock must be provided immediately outside the room for cleaning bins and the room; and j Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute. 42 Recyclable storage Timing Adequate storage for recyclable waste must be provided in a Prior to occupation. location that all users can safely and easily access.
ACOUSTICS
43 Acoustic – design and construction Timing The development must be designed and constructed in At all times. accordance with the recommendations outlined in the acoustic report and documents titled 12-14 Elizabeth
738th Council Meeting 21 June 2017 376 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Avenue, Broadbeach – Response to Council Queries, 12-14 Elizabeth Avenue, Broadbeach – Response to Council RFI and 12-14 Elizabeth Avenue, Broadbeach Noise Impact Assessment prepared by Acoustic Logic dated 12/5/2017, 27/03/2017 and 6/10/2016 (references 20161238.2/1205A/R1/JS; 20161238.1/2703A/R1/JS; 20161238.1/0610A/RO/JS)
Any alteration to the design or construction of the development that prevents the recommendations of the approved report being implemented will require an amended report to be submitted and approved by Council prior to Building Approval. 44 Acoustic compliance report Timing An acoustic compliance report prepared by a suitably Prior to occupation. qualified person shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report 45 Acoustic barrier Timing A 1 metre high parapet around the fifth level entertainment Prior to occupation. area must be designed and constructed so that it has a minimum surface density of 10.5kg/m2. 46 Air conditioning Timing Air conditioning must be provided to all habitable rooms Prior to occupation. within the development to ensure noise-affected units have adequate ventilation with a closed façade.
LANDSCAPE WORKS ON PRIVATE LAND
47 Detailed landscape plan to be submitted for approval Timing a The applicant must submit to Council for approval a Approval of proposed detailed landscape plan, by making a development landscape work must application for operational work (landscape work). be obtained prior to the earlier of the b Without limiting the requirements of the City Plan’s commencement of Landscape Work Code, the detailed landscape plan operational works must: (landscaping) or the i Be prepared by a qualified landscape architect or issue of a certificate of similar landscape design professional; classification. ii Be in general accordance with the Statement of Landscape Intent, being , title LANDSCAPE STATEMENT OF INTENT rev E 31/03/2017 , date 2017-03-30, prepared by place design group; iii Reflect the approved layout (including any amendments to that layout required by these
738th Council Meeting 21 June 2017 377 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
conditions) and the conditions of this approval; iv Comply with City Plan Policy - Landscape Work; and v Demonstrate compliance with the following: A Frontage feature species must be Pandanus minimum clear trunk of 1.2 metres, be Multi headed and minimum Ex ground stock at the time of planting or Araucaria species (Cook Island Pine) and minimum Ex ground stock at the time of planting,; B All other Internal tree species must be native evergreen canopy shade trees with a minimum bag size of 200 litre at the time of planting; C Palm species must have a minimum 1.2 metres clear trunk and minimum 3 metres in height at the time of planting; D Feature shrub species must be a minimum 300mm size at the time of planting; E Screening shrub species must be a minimum 45 litre pot size at the time of planting; F Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting; G Planter boxes where trees are to be planted must possess a minimum surface area of 10 square metres; Tree species must be chosen which are suitable for root zones growing in confined planting locations. H Planter boxes containing tall palm and tree species that are potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure; I Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan; J An automatic irrigation system must be provided to all podium planter boxes;
738th Council Meeting 21 June 2017 378 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
48 Bio basin filter media depth for tree planting Timing a The design of the Bio Basin must allow for the required Approval of proposed filter media depth of 700mm within stormwater landscape work must management documentation. An automatic irrigation be obtained prior to the system must be provided to Bio Basin; earlier of the b The detailed landscape plan must show locations of, commencement of and a cross-sectional detail of the bio-retention operational works systems that are required by the Stormwater (landscaping) or the Management Plan prepared for the site. The cross- issue of a certificate of sectional detail must identify the filter media depth of classification. 700mm and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plant schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in City Plan Policy – Land Development Guidelines – SC6.9.3 Water Sensitive Urban Design. 49 Green wall / trailing creeper Timing The applicant must submit with the application for operational As indicated in the works (landscape work), specifications and a maintenance wording of the management plan relating to the green trellis/wall systems. condition. The management plan must: a Provide detailed information as to how the irrigation and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices; b Stipulate a maintenance schedule for these systems; c Provide details of the minimum standards to which these systems must be maintained; and d Describe actions to be taken if the systems should fail to function as intended.
LANDSCAPE WORKS ON PUBLIC LAND
50 Endorsement of concepts Timing The contents of the Statement of Landscape Intent (‘SLI’) At all times. referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI. 51 The required landscaping plan must also incorporate the Timing following: Approval of proposed a The applicant must submit to Council for approval landscape work must amended detailed landscape plans for Road Reserve be obtained prior to the
738th Council Meeting 21 June 2017 379 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
treatments, by incorporating the following requirements earlier of the prior to the development application for operational commencement of work (private landscape work). operational works b Be generally in accordance with Statement of (landscaping) or the Landscape Intent: “Proposed High Rise Residential issue of a certificate of Development, sheets 1-17 Revision ‘E’, dated classification. 31/03/2017, prepared by Place Design Group; c The location and species shall be determined through the assessment of the development application for Operational Works (Private Landscape) required by condition of this approval. d For works in road reserve – comply with the following requirements: A Install three (3) street trees of the species ARAUCARIA heterophylla within the road reserve facing Queen Street; B All street trees must be installed within edged and mulched garden beds with minimum dimensions of 1 metre x 1 metre. C Where trees are aligned with side boundaries or underground services are located, root containment systems must be utilised; D All built structures and planting associated with an entry statement must be located 600mm within private property. e Non-standard finishes and pavement treatment are not approved within the public road reserve. f Demonstrate an appropriate level of buffering and/or screening to the development.
f The landscape works must be constructed in Timing accordance with the approved landscape plan. Compliance with (d) to occur prior to the commencement of use, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.
52 As Constructed data to be submitted Timing a The applicant must submit to Council the ‘As Compliance with (a) Constructed Data’ in accordance with the requirements prior to the inspection of the City Plan’s SC6.9 – Land Development for on maintenance;
738th Council Meeting 21 June 2017 380 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Guidelines and SC6.10 – Landscape Work Policy. and, compliance with b The applicant must submit amended ‘As Constructed (b) prior to acceptance Data’ where required in accordance with the on/off maintenance. requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy. 53 Maintenance management schedules Timing The applicant must provide landscape maintenance Prior to any landscape schedules as part of the private landscape application. The works occurring. maintenance schedules must be prepared generally in accordance with City Plan SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.
HYDRAULICS
54 No worsening of hydraulic conditions Timing The development must be designed and constructed so as to At all times. result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site that could cause loss or damage 55 Alteration of overland flow paths Timing Overland flow paths on the site must not be altered in a way At all times. that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. 56 Stormwater management plan to be complied with Timing The applicant must submit certification from a Registered The certification must Professional Engineer Queensland (RPEQ) specialised in be submitted prior to stormwater management confirming that all works have been the commencement of carried out and completed in accordance with the Stormwater the use of the report being “Stormwater Management Plan, Revision Final – premises. V1” dated 26 October 2016, in association with the subsequent submission being “RE: Response to RFI (Condition 29) for 12 TO 14 Elizabeth Ave, Broadbeach QLD” dated 9 February 2017, both prepared by H2One Pty Ltd.
Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).
738th Council Meeting 21 June 2017 381 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
57 Certification that stormwater management treatment Timing train implemented Prior to the The applicant must provide to Council certification from a commencement of the Registered Professional Engineer Queensland (RPEQ) use of the premises. specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed. 58 SQIDs maintenance management plan Timing a Prior to the commencement of the use of the premises, Prior to Council the applicant must prepare a SQID Maintenance accepting the works Management Plan (MMP) from a Registered ‘On Maintenance’. Professional Engineer Queensland (RPEQ or equivalent) specialising in stormwater in accordance with City Plan Policy – Land Development Guidelines and with reference to the Water by Design document “Maintaining Vegetated Stormwater Assets” Version 1 February 2012. b The MMP must include, but not necessarily be limited to, the following key information: i Design intent and description of the device(s) ii The location and specific dimensions of the device(s) iii Approved / designed water quality objectives iv Water quality monitoring procedures v Monitoring frequency vi Specifications and procedures for device(s) maintenance vii Plant and equipment access details for maintenance activities viii Maintenance activity schedule defining frequency, area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum ix Performance indicators / intervention levels / triggers for reactive maintenance x Any necessary preventative maintenance measures xi Acceptable solutions for specific items, i.e. acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc xii Approximate lifecycle maintenance costs. c All ongoing maintenance and monitoring of stormwater
738th Council Meeting 21 June 2017 382 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
treatment devices (e.g. bio-retention) must be undertaken in accordance with the MMP and managed by the legal entity of the development, at no cost to Council. 59 GPT in basement car park Timing a A gross pollutant trap (hydrocarbon and litter separator) At all times. must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network. b Any designated carwash bay will require a trade waste Timing approval prior to the discharge from the premises of Compliance with (b) to any trade waste to Council’s sewerage system. occur prior to the commencement of the use of the premises.
60 Agreement to remove hydrocarbons for GPT Timing a The applicant must ensure that: Prior to the commencement of the i Hydrocarbons and other waste captured by the use of the premises gross pollutant trap are regularly removed by an and then maintained at appropriately licensed waste removal entity; and all times. ii The gross pollutant trap is maintained so that it functions for its intended purpose. b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition. 61 Excavated sand Timing All excess sand excavated from the site must be managed in The sand management accordance with the following requirements: plan must be submitted to Council for approval a The applicant must submit a sand management plan to prior to commencement Council for approval. The sand management plan must of works on site. outline appropriate actions to ensure excavated sand is appropriately cleaned, treated, placed, levelled and All other requirements stabilised. of the condition must be complied with at all b The sand must be sieved to remove all material having times. a dimension greater than 20 millimetres. c The sieved sand must be placed onto the ocean beach, profiled and stabilised in accordance with the approved sand management plan, prior to the issue of a certification of classification/final inspection certificate. d If the sand to be excavated will exceed 1,500 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor
738th Council Meeting 21 June 2017 383 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
must: i Undertake the physical collection of any waste material deposited on the beach as a result of the sand deposition; and ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.
DEWATERING MANAGEMENT PLAN
62 Preparation of dewatering management plan Timing A dewatering management plan must be prepared by a As indicated within the suitably qualified professional engineer (RPEQ or wording of the equivalent). The dewatering management plan must be condition. prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, May 2016) and include (but not limited to) the following: a Purpose of dewatering (i.e. an explanation of why dewatering is necessary); b Dewatering technique (i.e. wellpoint, deep well, open hole etc.); c Anticipated dewatering flow rate and total dewatering duration; d Controls (i.e. settling tank, turbidity curtain etc.) and method of effluent discharge; e Measures and techniques to manage noise, vibration and odour issues; f Measures and techniques to manage geotechnical stability issues; g Contingency plan in case of emergency situation; h If dewatering conducted in a contaminated area, engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc.) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2; i A monitoring program to ensure that effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines; j Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge; k A strategy for monitoring and managing any impacts during the life and after the closure of the project; l The point of discharge to the storm water system and to any waterway or water body;
738th Council Meeting 21 June 2017 384 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
m A hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged; n Verification that the quality of discharge water will comply with the receiving water duration and frequency of the discharge; o Seasonal variability of the receiving water quality; p Assessment of the viability of treating or recycling the wastewater. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’. 63 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy (DSDIP, July 2014); The City Plan - Changes to Ground Level and Creation of New Waterways Development Code; The City Plan Policy – Acid Sulfate Soils Management; and Guidelines for Dewatering Management Plan (CoGC, May 2016). Compliance assessor: Council of the City of Gold Coast When the request for compliance assessment must be made Prior to the earlier of: A development application for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or; Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it. 64 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering
738th Council Meeting 21 June 2017 385 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
management plan must be provided with any future operational work development application. 65 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction and at no cost to Council.
EROSION AND SEDIMENT CONTROL 66 Erosion and sediment control Timing a Erosion, sediment and dust control measures must be During implemented in accordance with the Best Practice construction/building Erosion & Sediment Control (IECA Australasia, works. November 2008). b Sediment control structures (eg. sediment fence) must be placed at the base of all materials on-site to mitigate any sediment runoff. c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non- performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.
GEOTECHNICAL
67 Preparation of basement excavation stability Timing assessment report As indicated within the A basement excavation stability assessment report must be wording of the
738th Council Meeting 21 June 2017 386 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
prepared and signed by a Registered Professional Engineer condition. of Queensland (RPEQ) specialising in geotechnical engineering. The report must: a Include a stability assessment of the proposed basement excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must: i Be based on existing geotechnical conditions of the site; ii Refer to specific engineering drawings and cross- sections; and iii Inlcude detailed stability calculations demonstrating that the proposed batters or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than or equal to 1.5 against geotechnical failure (e.g. sliding, rotational failure, slip circle failure etc.); b Address the effects of any dewatering on the potential settlements and lateral movements of the adjacent structures, properties and underground services; c Assess suitability of the proposed basement excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve; d Identify the overall potential adverse effects of the proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements; e Include a site-monitoring plan: i For the entire construction period and a post- construction period of at least three months in order to ensure no adverse impact on the stability and integrity of the adjacent properties/structures; ii Which includes plans and cross-sectional drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and iii Which includes a contingency plan in the event that instability of the adjacent properties/structures arises or is detected during the construction period; and
738th Council Meeting 21 June 2017 387 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
f Include certification from a RPEQ specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than or equal to 1.5 against geotechnical failure; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure. 68 Compliance assessment of basement excavation stability assessment report The basement excavation stability assessment report is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed City Plan’s Landslide Hazard Overlay Code; City Plan’s Change to Ground Level and Creation of New Waterways Code; and City Plan policy – Land Development Guidelines. Compliance assessor: City of Gold Coast When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site.
The basement excavation stability assessment report is not an approved report until a compliance certificate has been issued in respect of it. 69 Compliance certificate with future building work development applications A copy of the compliance certificate for the basement excavation stability assessment report must be provided with any future building work development application. 70 Basement excavation and associated drawings are Timing consistent with approved report Prior to the issue of a The applicant must submit to Council certification from a development permit for Registered Professional Engineer of Queensland (RPEQ) building works. specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the
738th Council Meeting 21 June 2017 388 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Council approved basement excavation stability assessment report.
71 Basement excavation and dewatering must be carried Timing out in accordance with approved report At all times while works All underground works, including basement excavation, are occurring. retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved basement excavation stability assessment report. 72 On-site supervision of basement excavation works Timing The applicant must engage a Registered Professional At all times while Engineer of Queensland (RPEQ) specialising in geotechnical basement engineering for the entire basement excavation/construction excavation/construction period over the subject site, at no cost to Council, for on-site works are occurring on supervision of the basement excavation and retention site. structure installations on the site in order to ensure no adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure. 73 Basement excavation and ground anchoring issues Timing In conjunction with any application seeking a development In conjunction with any permit for building works, the applicant shall provide the application seeking a following document(s) to the relevant authority. development permit for building works. a Written confirmation signed by the applicant or the applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application. Advisory note: The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by
738th Council Meeting 21 June 2017 389 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Council. The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.
74 Certification of completed basement excavation works Timing The applicant must submit to Council certification from a Immediately after Registered Professional Engineer of Queensland (RPEQ) completion of the specialising in geotechnical engineering confirming that the basement structure up basement excavation and associated retention systems have to natural ground level. been satisfactorily installed on site and that there is no visible sign or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure.
SEWERAGE
75 Sewer reticulation Timing a The development must be connected to Council’s Prior to commencement sewer reticulation system at no cost to Council. of the use of the b The applicant is responsible for any external work premises. necessary to connect to Council’s sewer reticulation system at no cost to Council. c The size of the sewer property service connection shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Water Supply and Sewerage Design & Construction Code (SEQ WS&S D&C Code). d Internal sewer reticulation works within the sites must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002. 76 Design, construction and standard of sewer reticulation Timing The design, construction and standard of the required sewer At all times. reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code). 77 Connection point Timing The existing 225mm diameter sewer main in Elizabeth Prior to commencement Avenue on the property side of the road must be used as the of the use of the connection point, unless otherwise approved by Gold Coast premises. Water and Waste. 78 Operational work (works for infrastructure) application Timing required. Prior to works The applicant must obtain a development permit for occurring. operational work (works for infrastructure) for a 150mm
738th Council Meeting 21 June 2017 390 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
sewer house connection and/or maintenance hole be required to be constructed within the road.
79 Connection and disconnection – arrangements with Gold Timing Coast Water and Waste Prior to connection Any connection or disconnection to the existing sewerage and/or disconnection to network must be at the applicant’s cost. The applicant must existing infrastructure. obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water and Waste (phone 1300 694 222). 80 Additional payment condition – sewerage works Timing a The applicant must pay to Council additional Prior to commencement infrastructure costs in the amount of $49,649 as of the use of the additional emergency storage is required at pump premises. station SPS A25 in 2031. Emergency Upgrade works are identified in Council’s LGIP. i The additional establishment cost of providing the additional emergency storage using the following methodology:- Base cost emergency storage x (V^0.835) x adjustment factor x ((1+i)^n), where:
V = 6.1kL - additional volume of emergency storage required (kL) Base unit cost of emergency storage = 4910.52 ($/kL) (Water and Sewerage Infrastructure Plan 2014 Detailed Cost Analysis) Adjustment factor = 1.5 (overhead and contingency allowance) i = 2.53% - indexation (10 year average of ABS 6247 roads and bridges index 3101 Queensland Table 17) n = 4 the number of years bought forward from the beginning of the cohort year (2016), less the year the cost estimates rates were calculated from (2012). ii The applicant may, instead of making the payment, elect to provide part or the entire trunk infrastructure. iii If the applicant elects to provide the trunk infrastructure the:- development requires the construction of additional emergency storage of 6.1kL at SPS A25; construction is to comply with the South East Queensland Water Supply and Sewerage Design and Construction Code;
738th Council Meeting 21 June 2017 391 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
iv The additional payment cost will be recalculated at time of payment to take into consideration changes to the unit cost rate for emergency storage, indexation and number of years between the base establishment cost and the year of payment. This condition is imposed in accordance with section 650 of the Sustainable Planning Act 2009.
Note 1: the Applicant will not be entitled to a refund of any part of the additional payment because the additional payment is for the additional emergency storage attributable to the application only.
81 Redundant sewer property connections Timing The applicant must make application for Gold Coast Water Prior to commencement and Waste to remove or seal and cap any redundant sewer of the use of the property service connection, at the applicant’s cost. premises. Decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extensions and Connections Policy Procedures.
WATER SUPPLY RETICULATION
82 Water supply reticulation (potable only) Timing a The development must be connected to Council’s Prior to commencement potable water supply reticulation system at no cost to of the use of the Council. premises b Internal water reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 c The applicant is responsible for any external work necessary to connect to Council’s potable water supply reticulation system at no cost to Council. 83 Design, construction and standard of water supply Timing reticulation At all times. The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code). 84 Connection point Timing The existing 100mm diameter potable water main in Prior to commencement Elizabeth Avenue on the same side of the street must be of the use of the used as the potable water supply connection point, unless premises. otherwise approved by Gold Coast Water and Waste.
738th Council Meeting 21 June 2017 392 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
85 Installation of property service, water meter box and Timing meter Prior to commencement The applicant must: of the use of the a Submit an Operational Works (OPW) application, for premises. Council’s approval, for water metres 100mm and above: b Make application to Gold Coast Water and Waste for Gold Coast Water and Waste’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water meter shall be provided for each dwelling, at the boundary of the development site, in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedures and/or any applicable Gold Coast City Council policies and procedures), at the applicant’s cost; c Make application for Gold Coast Water and Waste to remove any redundant water meter and/or service, at the applicant’s cost. Removal must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedures. 86 Individual sub-metering to be provided Timing The applicant shall provide individual sub-metering for all At the time of units within the complex including any common property, in lodgement of the accordance with Sub-metering Policy dated 1 January 2008, Plumbing and Drainage as follows unless otherwise approved by Gold Coast Water application. and Waste. a All meters and their locations shall be approved by Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided. c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft. d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily. e Must comply with Gold Coast Waters Network Modifications, Extensions and Connections Policy Procedure.
738th Council Meeting 21 June 2017 393 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
87 Water supply services to mixed use high rise Timing developments / buildings At all times. Should there be any future intentions of a volumetric subdivision, separate water supply services must be designed and constructed to the different uses (e.g. commercial, residential) or to each future volumetric lot within the mixed use high rise development / building, to the satisfaction of Council’s Chief Executive Officer. This is required so that future volumetric lots within the site can comply with Gold Coast Water and State Government requirements for separate service connection to each volumetric Reconfiguring of a Lot and so the internal services can be managed through the Building Management Statement.
88 Connection and disconnection – arrangements with Gold Timing Coast Water and Waste Prior to connection Any connection or disconnection to the existing water and/or disconnection to network must be to the applicant’s cost. The applicant must existing Infrastructure. obtain written approval to the connection and disconnection to the existing water network from Gold Coast Water and Waste (phone 1300 649 222)
89 Supply standard Timing The applicant must provide water supply to the standard At all times. specified in Council’ s Land Development Guidelines and Gold Coast Water Network Modifications, Extension and Connections Policy Procedures. 90 Fire loading Timing Fire loading must not exceed 15L/s for 2 hours duration. At all times.
ADVISORY NOTES TO APPLICANT
B Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.
C Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee.
738th Council Meeting 21 June 2017 394 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
D Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.
E Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines
738th Council Meeting 21 June 2017 395 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
F Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].
G Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.
H Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.
I Food Act 2006 The operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval.
Author: Authorised by: Geraldine Salat Dyan Currie A/- Senior Planning Officer Director Planning and Environment June 2017
738th Council Meeting 21 June 2017 396 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to parties associated with the application through donations to election campaigns, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest.
Cr Gates remained in the room.
PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Vorster
That the matter lay on the table and discussed in Closed Session. CARRIED Item 3 was discussed in Closed Session in accordance with the Procedural Motion on page 65 of this Committee Report.
PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Taylor
That the matter be lifted from the table. CARRIED Changed Recommendation
Committee Recommendation Changed At Council 21 June 2017
COMMITTEE RECOMMENDATION CP17.0614.003 moved Cr Taylor seconded Cr Vorster
Real property description Lot 45 on SP291104 Address of property 12 - 14 Elizabeth Avenue, Broadbeach Area of property 1,032m2 Decision type Development Permit for Material Change of Use (Code Assessment) for a Multiple Dwelling and Short Term Accommodation (Total of 115 Units), Food And Drink Outlet and Shop. Further development permits Operational Works (Landscape Work) Operational Works (Vegetation Work) Operational Works (Works for Infrastructure) Further compliance permits Water Supply Sewerage Works Fire Services Compliance assessment required Dewatering Management Plan for documents or works Basement Excavation Stability
738th Council Meeting 21 June 2017 397 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
NATURE OF DECISION
A Council approves the issue of a Development Permit for a Material Change of Use for Multiple Dwellings and Short Term Accommodation (Total of 115 units), Food and Drink Outlet and Shop, subject to the following conditions:
APPROVED DRAWINGS 1 Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with: Plan No. Title Date Prepared by DA-100(13) Basement 3 March 2017 dezignteam Architectural Projects DA-101(13) Basement 2 March 2017 dezignteam Architectural Projects DA-102(13) Basement 1 March 2017 dezignteam Architectural Projects DA-103(13) Level 1 (Ground) March 2017 dezignteam Architectural Projects DA-104(13) Level 2 – Car park March 2017 dezignteam Architectural Projects DA-105(13) Level 3 – Car park March 2017 dezignteam Architectural Projects DA-106(13) Level 4 – Car park March 2017 dezignteam Architectural Projects DA-107(13) Level 5 March 2017 dezignteam Architectural Projects DA-108(13) Levels 7-9, 16-26 March 2017 dezignteam Architectural Projects DA-109(13) Levels 11-14 March 2017 dezignteam Architectural Projects DA-110(13) Levels 6, 10, 15 March 2017 dezignteam Architectural Projects DA-111(13) Level 27 March 2017 dezignteam Architectural Projects DA-112(13) Level 28-30 March 2017 dezignteam Architectural
738th Council Meeting 21 June 2017 398 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Projects DA-113(13) Level 31 March 2017 dezignteam Architectural Projects DA-114(13) Level 32 March 2017 dezignteam Architectural Projects DA-201(13) Elevation 01 March 2017 dezignteam Architectural Projects DA-202 (13) Elevation 02 March 2017 dezignteam Architectural Projects DA-203 (13) Section March 2017 dezignteam Architectural Projects DA-210 (13) Podium Elevation – North March 2017 dezignteam Architectural Projects DA-211 (13) Podium Elevation – West March 2017 dezignteam Architectural Projects DA-212 (13) Podium Elevation – East March 2017 dezignteam Architectural Projects DA-213 (13) Podium Elevation – South March 2017 dezignteam Architectural Projects DA-214 (13) Podium Section 01 March 2017 dezignteam Architectural Projects DA-215 (13) Podium Section 02 March 2017 dezignteam Architectural Projects DA-216 (13) West & North Elevations March 2017 dezignteam with Surroundings Architectural Projects DA-217 (13) East & South Elevations March 2017 dezignteam with Surroundings Architectural Projects
showing the following amendments: The facades must incorporate a greater level of building articulation through high quality, fine grain, decorative and textured screening elements and blades to reduce the large areas of singular wall planes and austere appearance. The architectural language must incorporate a high level of visual appeal and a sophisticated composition that will provide a high level of amenity to the neighbours. This should include:
738th Council Meeting 21 June 2017 399 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
Podium Form and Design i Increase the podium setbacks to comply with the following: Ground floor: increase the setback to the west boundary to achieve a minimum 1.5m landscape buffer; and Levels 2, 3, 4: increase the setback to the east boundary to achieve a minimum 2m separation distance. ii One level of podium (Level 4) must be removed in order to reduce the podium height to a maximum of 10.5 metres above natural ground level; iii Remove the precast concrete panels to the north elevation; iv Increase the depth of the façade to be a minimum of 500mm to allow for deep recesses, greater articulation and layering of façade materials; v Maximum of three (3) high quality materials to be incorporated; vi Provide an increased distinction between the podium form and tower form; and vii Remove the “fabric roof” from the Podium. Tower Form and Design viii The composition of the tower requires a more sophisticated architectural language and must be more visually attractive. ix Highlight vertical elements of the tower, to visually elongate and promote a slender tower form. b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i Issue of a development permit for the carrying out of building work. The amended plans/drawings, when approved by the Chief Executive Officer, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings. 2 Decision notice and approved plans/drawings to be Timing submitted with subsequent application As indicated within the wording of the A copy of this decision notice and accompanying stamped condition. approved plans/drawings must be submitted with any building development application and operational works application relating to or arising from this development approval. 3 Decision notice and approved plans/drawings to be Timing retained on site At all times. A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. 4 Notice of works timetable Timing After successful The applicant must give Council written notice of the completion of any pre- following: start inspections required by conditions
738th Council Meeting 21 June 2017 400 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
a Application number; of this or other b Site address; development approvals and at least 5 business c Name and telephone number (work and after hours) of days prior to the project manager and the site owner; commencement of any d Works intended to be carried out; works on site. e The proposed timetable associated with the works, including expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.
WORKS - COMPLIANCE 5 Certification of compliance Timing The applicant must All works must be certified by a suitably qualified professional submit the certification as complying with the approved plans. prior to the earliest of For this condition, a ‘suitably qualified professional’ is a compliance person with tertiary qualification and professional affiliation in assessment of the the field of engineering or science relevant to the works subdivision plan, the and/or management plan and who has at least two years’ commencement of the experience in management in that field. Where the works ‘On Maintenance’ and/or management plans involve different fields, a period or the certification is required from a suitability qualified professional commencement of the for each separate field. use.
AWNINGS 6 Awnings Timing Refer to wording of a Prior to the issuing of a Development Permit for condition. Building Works, a certification from an RPEQ must be submitted to City of Gold Coast confirming the structural adequacy and safety of any proposed awnings above the road reserve. b The certification from the RPEQ must also state the next and subsequent maintenance periods, for inspection of the awning in relation to the necessary requirement for further certification of the awning to ensure the ongoing structural adequacy.
CONSTRUCTION MANAGEMENT
738th Council Meeting 21 June 2017 401 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
7 Construction management plan Timing A construction Part A Construction Management Requirements management plan must a The construction management plan must be submitted be submitted to, and in accordance with the Application for Construction approved by, Council Management Plan form and Guidelines for Construction prior to the issue of any Management Plans are available on Council’s website. development permit for b The construction management plan must address all the carrying out of activities associated with construction (excluding noise building work. and dust issues), including but not limited to: The approved i Vehicle access (including responsibility for construction maintenance of the defined cartage route) during management plan must hours of construction; be complied with and kept on-site at all times ii Traffic management (including loading and during construction unloading); works. iii Parking of vehicles (including on site employees and delivery vehicles); iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management. c The construction management plan must demonstrate that: i the general public will be adequately protected from construction activities; ii the building site will be kept clean and tidy to maintain public safety and amenity; and iii demand for occupation of the street and protection of Council assets will be well managed. d Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites. e The approved construction management plan must be complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. f Where it is proposed to interfere with a road for any
738th Council Meeting 21 June 2017 402 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. g Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. h Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section. 8 Noise management Timing As indicated within the a Noise from construction activities must not cause an wording of the ‘environmental nuisance’ (within the meaning of that condition. term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. b A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. c The noise management plan must: i be prepared by a suitably qualified acoustic engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise levels from all proposed construction activities; iv identify the measures and work practices that will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; v identify the procedures to be adopted for monitoring of noise emissions; vi provide details of complaint response procedures that will be adopted; vii identify the procedures to be adopted for revision
738th Council Meeting 21 June 2017 403 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
and review of the noise management plan. d The approved noise management plan must be complied with and kept on-site at all times.
9 Dust management Timing As indicated within the a The release of dust and particulate matter from wording of the construction activities must not cause an ‘environmental condition. nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. b A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. c The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate emissions; iii identify the measures and work practices that will be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; iv identify the procedures to be adopted for monitoring and reporting of air emissions; v provide details of complaint response procedures that will be adopted; and vi identify the procedures to be adopted for revision and review of the dust management plan. d The approved dust management plan must be complied with and kept on-site at all times. 10 Haulage access / site management Timing As indicated within the a Prior to the commencement of works, the applicant wording of the must provide a vehicle barrier along the frontages of the condition. land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer. b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site. c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling
738th Council Meeting 21 June 2017 404 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways. g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan. 11 Transport of soil/fill/excavated material Timing At all times while works During the transportation of soil and other fill/excavated are occurring. material: a All trucks hauling soil, or fill/excavated material must have their loads secure and covered; b Any spillage that falls from the trucks or their wheels must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads. 12 Workplace health and safety Timing At all times while works The Workplace Health and Safety Act 2011 and AS 1742 are occurring. Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.
738th Council Meeting 21 June 2017 405 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
13 Public safety to be ensured Timing At all times while works The applicant must, at no cost to Council, ensure that all are occurring. reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.
FOOD AND DRINK COMPONENT 14 Alfresco dining hours Timing Alfresco dining associated with the commercial component of At all times. the development is restricted to between the hours of 7:00am – 10:00pm daily. 15 Amplified music – not permitted Timing Amplified music is not permitted in the commercial premises At all times. at any time. 16 Delivery and collection hours Timing Delivery and collection activities (excluding waste collection At all times. vehicles) must be conducted between the hours of 7:00am – 6:00pm daily.
AMENITY 17 Hours of operation – Level 5 Timing The outdoor entertainment/pool area on Level 5 is permitted At all times. to be undertaken between the hours of 7:00 am – 10:00pm only. 18 Driveway and carpark surfaces Timing Driveway and carpark areas are to be finished with surface At all times. coatings that prevent tyre sequel (an uncoated surface is acceptable); Drainage grating placed over trafficable areas is to be well secured to prevent rattling.
PLUMBING AND DRAINAGE 19 Application for compliance permit for sewerage works Timing required Prior to any on-site sewerage works The applicant must make an application to Council (Plumbing occurring on site. and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage
738th Council Meeting 21 June 2017 406 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
works within the property; b comply with Council’s Trade Waste Guidelines); and c comply with Council’s City Plan Policy SC6.13 Soil Waste Management – Appendix C. Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste. 20 Application for compliance permit for water supply Timing plumbing work required Prior to works occurring. The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water services within the property; and b comply with Section 5.2 of Council’s City Plan Policy. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. 21 Application for compliance permit for fire services Timing plumbing work required Prior to works occurring. The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.
ELECTRICAL RETICULATION 22 Electricity supply to MCU developments and private Timing
738th Council Meeting 21 June 2017 407 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
estates Prior to the earlier of Council compliance The applicant must submit to Council a copy of the assessment of ‘Certificate of Supply’ from an authorised electricity supplier subdivision plans or the (e.g. ENERGEX) as evidence that: commencement of the a low-voltage electricity supply is available to the use. development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.
TELECOMMUNICATIONS 23 Telecommunications – MCU Timing Prior to commencement The applicant must: of the use. a Provide underground telecommunications to the subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).
CAR PARKING AND ACCESS 24 Off-street car parking facilities Timing Prior to the a Off-street car parking facilities must be designed, commencement of the constructed and maintained to the satisfaction of use and at all times. Council, in accordance with AS2890.1 (latest version). b Off-street facilities for car parking must only be used for vehicle parking. c A minimum combined total of 127 off-street car parking spaces must be provided, where a minimum of 115 spaces are provided for residents, a minimum of 11 spaces are provided for residential visitors and a minimum of one space is provided for non-residential uses. d Off-street car parking facilities must be drained, sealed and line marked.
738th Council Meeting 21 June 2017 408 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
25 Visitor and staff car parking spaces Timing Prior to the Visitor and staff car parking spaces must be clearly commencement of the identifiable through the provision of appropriate line marking use and at all times. and signage and constructed to the satisfaction of Council. 26 Bicycle parking Timing Prior to the a Bicycle parking must be provided and maintained, to commencement of the the satisfaction of Council, in accordance with use and at all times. AS2890.3:2015, Cycling Aspects of Austroads Guides (2014) and the following: i A minimum of 83 ‘Security Level B’ bicycle parking spaces for residents. ii A minimum of 1 ‘Security Level B’ bicycle parking space for staff. iii A minimum of 4 ‘Security Level C’ bicycle parking spaces for visitors. b The bicycle parking spaces are to: i Enable wheels and frame to be located to the device without damaging the bicycle; ii Be located outside pedestrian movement paths; iii Be accessible from the road; iv Be arranged so that parking and unparking manoeuvres will not damage adjacent bicycles; v Be protected from manoeuvring motor vehicles and opening car doors; vi Be as close as possible to the cyclists ultimate destination; vii Be well lit by appropriate existing or new lighting; and viii Be protected from the weather. 27 Signs and line marking Timing Prior to the In addition to signs and line marking required by AS2890.1, commencement of the the following must be installed and maintained to the use and at all times. satisfaction of Council: a Signage, located within the site, visible to entering vehicles, advising that visitor car parking is located in Basement Level 1. b Wayfinding signage, located within the site, visible to entering vehicles, providing direction to Basement Level 1. 28 Sight lines to pedestrians Timing Where a driveway meets a property boundary to a public Prior to the roadway, clear (triangulated) sight lines must be provided and commencement of the maintained. The sight lines must be 2 metres wide, provided use and at all times.
738th Council Meeting 21 June 2017 409 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions. 29 Footpaths Timing The applicant must design and construct concrete footpaths Prior to the as follows: commencement of the use. i Minimum 1.5 m wide path along the full frontage of the site to Elizabeth Avenue. a The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).
VEHICULAR CROSSINGS AND DRIVEWAYS 30 Vehicular crossings Timing Prior to commencement a A vehicular crossing (driveway entry within the road of the use on the site. reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following IPWEA Standard Drawing/s for vehicular crossings as applicable: i RS-051 Driveways - Heavy Duty Vehicle Crossing. b The applicant must apply for and obtain a licence from Council for the construction of the vehicular crossing/s. c Where the vehicular crossing required in item a(i) above is not achievable or do not comply with standards, the applicant must lodge a code assessable operational works application for the vehicular crossing. d The vehicular crossing/s must be constructed to the satisfaction of the Council. 31 Redundant vehicular crossings Timing Prior to the All redundant vehicle crossings must be removed and kerb commencement of the and channel reinstated in accordance with City Plan Policy– use. Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Council, at no cost to Council.
738th Council Meeting 21 June 2017 410 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
ROAD RESERVE ALTERATIONS/RECONSTRUCTION 32 Reconstruction of kerb and channel / footpath Timing Prior to the earlier of a a The applicant must reconstruct all kerb and channel request for compliance and footpath for the full frontage/s of the development assessment of the site at Elizabeth Avenue to meet the requirements of subdivision plan or the City Plan Policy – Land Development Guidelines of City commencement of the Plan Policy– Land Development Guidelines, Standard use of the premises. Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises. b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of City Plan Policy– Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council. 33 Removal of redundant stormwater kerb adaptors / Timing service pits Prior to the earlier of a request for compliance The applicant must, at the applicant’s cost and at no cost to assessment of the Council, remove any redundant stormwater kerb adaptors subdivision plan or the and disused service pits from the kerb and channel (including commencement of the any associated pipework across the footpath). use of the premises. 34 Alterations in road reserve to provide equitable access Timing At all times. Any alterations in the road reserve must provide for equitable access, including satisfaction of the requirements of AS1428 Design for access and mobility as if they applied to the road reserve. 35 Structures inside road reserve Timing At all times All structures (portico and canopy) located inside the road reserve by the applicant is not approved by the Council as part of the decision notice.
ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE 36 Connection to, alteration or realignment of Council Timing infrastructure Any connections, alterations or b The applicant must, in respect of any connection to, realignment must be alteration or realignment of Council infrastructure, completed prior to the regardless of its location (i.e. within road/park reserve commencement of the or private property), do the following: use of the premises, a i Ensure that the proposed works comply with City request for compliance Plan Policy – Land Development Guidelines, assessment of the Standard Specifications and Drawings; subdivision plan or the ii Apply for and obtain a development permit for issuing of a certificate
738th Council Meeting 21 June 2017 411 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
operational work (works for infrastructure) for the of classification, proposed works; whichever occurs first. iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines, Standard Specifications and Drawings. c The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Council. Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.
WASTE 37 Waste management plan Timing At all times. The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by Zone Planning Group dated 19/05/2017 (Reference No. Z16239). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes. 38 Bulk bins – storage point within building structure Timing The bulk bin storage point within the building must be located Prior to occupation. and constructed within a purpose-built storage room, in accordance with Basement 3, Basement 2 and Basement 1 prepared by Morris Property Group dated May 2017 (Reference No. DA-100, DA-101 and DA-102). The design and construction of the storage room must comply with the following requirements: a Air-locked; b Fly and vermin proofed; c Used solely for the storage of waste;
738th Council Meeting 21 June 2017 412 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
d Constructed hardstand area with a solid concrete base or acceptable equivalent; e Graded to fall to a drainage point; f Drainage point to be connected to sewer in accordance with trade waste requirements; and g Provided with a hosecock for cleaning the bins. 39 Bulk bins – servicing point Timing The bulk bin servicing point must be located in accordance with Level 1 Ground prepared by Morris Property Group dated May 2017 (Reference No. DA- 103), and be designed and constructed in accordance with the following requirements: a Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle, taking into consideration: i the waste collection vehicle operating dimensions, ii additional clearance for services and fixtures (eg. pipes, air conditioning ducts etc if applicable); and iii additional clearance for roadway gradient (if applicable). b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas; c Clear of speed control devices or similar provisions d Prior to Occupation which inhibit direct access to the bins for servicing; e Located at least five (5) metres from any door, window or fresh air intake within the development or any adjoining site; f Constructed hardstand with a solid concrete base or acceptable equivalent; g Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway; h Connected to the crossover by a paved path; i Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins, one (1) metre clearance around the combined multiple bin area, whichever is the lesser; and j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and
738th Council Meeting 21 June 2017 413 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
pedestrian traffic external to the site. 40 Waste chute – design and construction Timing Prior to occupation. The bulk bin servicing point must be located in accordance with Level 1 Ground prepared by Morris Property Group dated May 2017 (Reference No. DA- 103), and be designed and constructed in accordance with the following requirements: a Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle, taking into consideration: i the waste collection vehicle operating dimensions; ii additional clearance for services and fixtures (eg. pipes, air conditioning ducts etc if applicable); and iii additional clearance for roadway gradient (if applicable). b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas; c Clear of speed control devices or similar provisions; d Prior to Occupation which inhibit direct access to the bins for servicing; e Located at least five (5) metres from any door, window or fresh air intake within the development or any adjoining site; f Constructed hardstand with a solid concrete base or acceptable equivalent; g Positioned on a level pad within the site, not more than five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway; h Connected to the crossover by a paved path; i Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins, one (1) metre clearance around the combined multiple bin area, whichever is the lesser; and j Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site. 41 Waste disposal points – design and construction Timing A waste disposal point / hopper must be located on each Prior to occupation. residential floor in accordance with Level 7-9, 16-26, Level 11-14, Level 6, 10, 15, Level 27, Level 28-30, Level 31 prepared by Morris Property Group dated March 2017
738th Council Meeting 21 June 2017 414 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
(Reference No. DA-108, DA-109, DA-110, DA-111, DA112, DA-113 ), and be designed and constructed in accordance with the following requirements: a Located to ensure the handle of the hopper is at least 1200 millimetres above finished floor level; b Hopper door must automatically return to the closed position after use; c Designed to permit free flow of waste into the chute; d Constructed so that the diameter or largest dimension of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected; and e The floor adjacent to the hopper to be constructed of a durable impervious material with a smooth finished surface. 42 Waste storage room – design and construction Timing The waste storage room must be located in accordance with Prior to occupation. Basement 3, Basement 2 and Basement 1 prepared by Morris Property Group dated May 2017 (Reference No. DA- 100, DA-101 and DA-102), and be designed and constructed in accordance with the following requirements: a Fire rated and ventilated in accordance with the ‘National Construction Code – Building Code of Australia’; b Insect and vermin proof; c The doors must be wide enough to allow for the easy removal of the largest container to be stored; d The walls, ceiling, floor and equipment of each waste storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning; e Graded floor to fall to a drainage point/s, connected to sewer in accordance with trade waste requirements; f Adequate additional space must be provided for compactors (if applicable); g Adequate artificial lighting must be provided; h Refrigerated rooms must be fitted with an approved alarm device outside, but controllable only from within the room; i A hose cock must be provided immediately outside the room for cleaning bins and the room; and j Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute.
738th Council Meeting 21 June 2017 415 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
43 Recyclable storage Timing Adequate storage for recyclable waste must be provided in a Prior to occupation. location that all users can safely and easily access.
ACOUSTICS 44 Acoustic – design and construction Timing At all times. The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report and documents titled 12-14 Elizabeth Avenue, Broadbeach – Response to Council Queries, 12-14 Elizabeth Avenue, Broadbeach – Response to Council RFI and 12-14 Elizabeth Avenue, Broadbeach Noise Impact Assessment prepared by Acoustic Logic dated 12/5/2017, 27/03/2017 and 6/10/2016 (references 20161238.2/1205A/R1/JS; 20161238.1/2703A/R1/JS; 20161238.1/0610A/RO/JS)
Any alteration to the design or construction of the development that prevents the recommendations of the approved report being implemented will require an amended report to be submitted and approved by Council prior to Building Approval. 45 Acoustic compliance report Timing Prior to occupation. An acoustic compliance report prepared by a suitably
qualified person shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report 46 Acoustic barrier Timing Prior to occupation. A 1 metre high parapet around the fifth level entertainment
area must be designed and constructed so that it has a minimum surface density of 10.5kg/m2. 47 Air conditioning Timing Prior to occupation. Air conditioning must be provided to all habitable rooms within the development to ensure noise-affected units have adequate ventilation with a closed façade.
LANDSCAPE WORKS ON PRIVATE LAND 48 Detailed landscape plan to be submitted for approval Timing Approval of proposed a The applicant must submit to Council for approval a landscape work must detailed landscape plan, by making a development be obtained prior to the application for operational work (landscape work). earlier of the b Without limiting the requirements of the City Plan’s commencement of Landscape Work Code, the detailed landscape plan operational works must: (landscaping) or the i Be prepared by a qualified landscape architect or issue of a certificate of similar landscape design professional; classification.
738th Council Meeting 21 June 2017 416 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
ii Be in general accordance with the Statement of Landscape Intent, being , title LANDSCAPE STATEMENT OF INTENT rev E 31/03/2017 , date 2017-03-30, prepared by place design group; iii Reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; iv Comply with City Plan Policy - Landscape Work; and v Demonstrate compliance with the following: A Frontage feature species must be Pandanus minimum clear trunk of 1.2 metres, be Multi headed and minimum Ex ground stock at the time of planting or Araucaria species (Cook Island Pine) and minimum Ex ground stock at the time of planting,; B All other Internal tree species must be native evergreen canopy shade trees with a minimum bag size of 200 litre at the time of planting; C Palm species must have a minimum 1.2 metres clear trunk and minimum 3 metres in height at the time of planting; D Feature shrub species must be a minimum 300mm size at the time of planting; E Screening shrub species must be a minimum 45 litre pot size at the time of planting; F Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting; G Planter boxes where trees are to be planted must possess a minimum surface area of 10 square metres; Tree species must be chosen which are suitable for root zones growing in confined planting locations. H Planter boxes containing tall palm and tree species that are potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure; I Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full
738th Council Meeting 21 June 2017 417 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
demonstration of these systems is required to accompany the detailed landscape plan; J An automatic irrigation system must be provided to all podium planter boxes; 49 Bio basin filter media depth for tree planting Timing Approval of proposed a The design of the Bio Basin must allow for the required landscape work must filter media depth of 700mm within stormwater be obtained prior to the management documentation. An automatic irrigation earlier of the system must be provided to Bio Basin; commencement of b The detailed landscape plan must show locations of, operational works and a cross-sectional detail of the bio-retention systems (landscaping) or the that are required by the Stormwater Management Plan issue of a certificate of prepared for the site. The cross-sectional detail must classification. identify the filter media depth of 700mm and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plant schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in City Plan Policy – Land Development Guidelines – SC6.9.3 Water Sensitive Urban Design. 50 Green wall / trailing creeper Timing As indicated in the The applicant must submit with the application for operational wording of the works (landscape work), specifications and a maintenance condition. management plan relating to the green trellis/wall systems. The management plan must: a Provide detailed information as to how the irrigation and nutritional requirements of these vegetative systems will be consistently met according to best horticultural practices; b Stipulate a maintenance schedule for these systems; c Provide details of the minimum standards to which these systems must be maintained; and d Describe actions to be taken if the systems should fail to function as intended.
LANDSCAPE WORKS ON PUBLIC LAND 51 Endorsement of concepts Timing At all times. The contents of the Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI.
738th Council Meeting 21 June 2017 418 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
52 The required landscaping plan must also incorporate the Timing following: Approval of proposed a The applicant must submit to Council for approval landscape work must amended detailed landscape plans for Road Reserve be obtained prior to the treatments, by incorporating the following requirements earlier of the prior to the development application for operational commencement of work (private landscape work). operational works (landscaping) or the b Be generally in accordance with Statement of issue of a certificate of Landscape Intent: “Proposed High Rise Residential classification. Development, sheets 1-17 Revision ‘E’, dated 31/03/2017, prepared by Place Design Group; c The location and species shall be determined through the assessment of the development application for Operational Works (Private Landscape) required by condition of this approval. d For works in road reserve – comply with the following requirements: A Install three (3) street trees of the species ARAUCARIA heterophylla within the road reserve facing Queen Street; B All street trees must be installed within edged and mulched garden beds with minimum dimensions of 1 metre x 1 metre. C Where trees are aligned with side boundaries or underground services are located, root containment systems must be utilised; D All built structures and planting associated with an entry statement must be located 600mm within private property. e Non-standard finishes and pavement treatment are not approved within the public road reserve. f Demonstrate an appropriate level of buffering and/or screening to the development.
f The landscape works must be constructed in Timing accordance with the approved landscape plan. Compliance with (d) to occur prior to the commencement of use, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.
738th Council Meeting 21 June 2017 419 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
53 As Constructed data to be submitted Timing Compliance with (a) a The applicant must submit to Council the ‘As prior to the inspection Constructed Data’ in accordance with the requirements for on maintenance; of the City Plan’s SC6.9 – Land Development and, compliance with Guidelines and SC6.10 – Landscape Work Policy. (b) prior to acceptance b The applicant must submit amended ‘As Constructed on/off maintenance. Data’ where required in accordance with the requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy. 54 Maintenance management schedules Timing The applicant must provide landscape maintenance Prior to any landscape schedules as part of the private landscape application. The works occurring. maintenance schedules must be prepared generally in accordance with City Plan SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.
HYDRAULICS 55 No worsening of hydraulic conditions Timing The development must be designed and constructed so as to At all times. result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site that could cause loss or damage 56 Alteration of overland flow paths Timing Overland flow paths on the site must not be altered in a way At all times. that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. 57 Stormwater management plan to be complied with Timing The applicant must submit certification from a Registered The certification must Professional Engineer Queensland (RPEQ) specialised in be submitted prior to stormwater management confirming that all works have been the commencement of carried out and completed in accordance with the Stormwater the use of the report being “Stormwater Management Plan, Revision Final – premises. V1” dated 26 October 2016, in association with the subsequent submission being “RE: Response to RFI (Condition 29) for 12 TO 14 Elizabeth Ave, Broadbeach QLD” dated 9 February 2017, both prepared by H2One Pty Ltd. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).
738th Council Meeting 21 June 2017 420 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
58 Certification that stormwater management treatment train Timing implemented Prior to the commencement of the The applicant must provide to Council certification from a use of the premises. Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed. 59 SQIDs maintenance management plan Timing Prior to Council a Prior to the commencement of the use of the premises, accepting the works the applicant must prepare a SQID Maintenance ‘On Maintenance’. Management Plan (MMP) from a Registered Professional Engineer Queensland (RPEQ or equivalent) specialising in stormwater in accordance with City Plan Policy – Land Development Guidelines and with reference to the Water by Design document “Maintaining Vegetated Stormwater Assets” Version 1 February 2012. b The MMP must include, but not necessarily be limited to, the following key information: i Design intent and description of the device(s) ii The location and specific dimensions of the device(s) iii Approved / designed water quality objectives iv Water quality monitoring procedures v Monitoring frequency vi Specifications and procedures for device(s) maintenance vii Plant and equipment access details for maintenance activities viii Maintenance activity schedule defining frequency, area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum ix Performance indicators / intervention levels / triggers for reactive maintenance x Any necessary preventative maintenance measures xi Acceptable solutions for specific items, i.e. acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc xii Approximate lifecycle maintenance costs. c All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-retention) must be
738th Council Meeting 21 June 2017 421 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
undertaken in accordance with the MMP and managed by the legal entity of the development, at no cost to Council. 60 GPT in basement car park Timing At all times. a A gross pollutant trap (hydrocarbon and litter separator) must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network. b Any designated carwash bay will require a trade waste Timing approval prior to the discharge from the premises of any Compliance with (b) to trade waste to Council’s sewerage system. occur prior to the commencement of the use of the premises. 61 Agreement to remove hydrocarbons for GPT Timing Prior to the a The applicant must ensure that: commencement of the i Hydrocarbons and other waste captured by the use of the premises gross pollutant trap are regularly removed by an and then maintained at appropriately licensed waste removal entity; and all times. ii The gross pollutant trap is maintained so that it functions for its intended purpose. b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition. 62 Excavated sand Timing The sand management All excess sand excavated from the site must be managed in plan must be submitted accordance with the following requirements: to Council for approval a The applicant must submit a sand management plan to prior to commencement Council for approval. The sand management plan must of works on site. outline appropriate actions to ensure excavated sand is All other requirements appropriately cleaned, treated, placed, levelled and of the condition must be stabilised. complied with at all b The sand must be sieved to remove all material having times. a dimension greater than 20 millimetres. c The sieved sand must be placed onto the ocean beach, profiled and stabilised in accordance with the approved sand management plan, prior to the issue of a certification of classification/final inspection certificate. d If the sand to be excavated will exceed 1,500 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor must: i Undertake the physical collection of any waste material deposited on the beach as a result of the
738th Council Meeting 21 June 2017 422 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
sand deposition; and ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.
DEWATERING MANAGEMENT PLAN 63 Preparation of dewatering management plan Timing As indicated within the A dewatering management plan must be prepared by a wording of the suitably qualified professional engineer (RPEQ or equivalent). condition. The dewatering management plan must be prepared in accordance with the Guidelines for Dewatering Management Plan (CoGC, May 2016) and include (but not limited to) the following: a Purpose of dewatering (i.e. an explanation of why dewatering is necessary); b Dewatering technique (i.e. wellpoint, deep well, open hole etc.); c Anticipated dewatering flow rate and total dewatering duration; d Controls (i.e. settling tank, turbidity curtain etc.) and method of effluent discharge; e Measures and techniques to manage noise, vibration and odour issues; f Measures and techniques to manage geotechnical stability issues; g Contingency plan in case of emergency situation; h If dewatering conducted in a contaminated area, engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc.) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2; i A monitoring program to ensure that effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines; j Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge; k A strategy for monitoring and managing any impacts during the life and after the closure of the project; l The point of discharge to the storm water system and to any waterway or water body; m A hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged; n Verification that the quality of discharge water will
738th Council Meeting 21 June 2017 423 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
comply with the receiving water duration and frequency of the discharge; o Seasonal variability of the receiving water quality; p Assessment of the viability of treating or recycling the wastewater. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’. 64 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy (DSDIP, July 2014); The City Plan - Changes to Ground Level and Creation of New Waterways Development Code; The City Plan Policy – Acid Sulfate Soils Management; and Guidelines for Dewatering Management Plan (CoGC, May 2016). Compliance assessor: Council of the City of Gold Coast When the request for compliance assessment must be made Prior to the earlier of: A development application for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or; Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it. 65 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application. 66 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in
738th Council Meeting 21 June 2017 424 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction and at no cost to Council.
EROSION AND SEDIMENT CONTROL 67 Erosion and sediment control Timing a Erosion, sediment and dust control measures must be During implemented in accordance with the Best Practice construction/building Erosion & Sediment Control (IECA Australasia, works. November 2008). b Sediment control structures (eg. sediment fence) must be placed at the base of all materials on-site to mitigate any sediment runoff. c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non- performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.
GEOTECHNICAL 68 Preparation of basement excavation stability assessment Timing report As indicated within the wording of the A basement excavation stability assessment report must be condition. prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The report must: a Include a stability assessment of the proposed basement excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must: i Be based on existing geotechnical conditions of
738th Council Meeting 21 June 2017 425 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
the site; ii Refer to specific engineering drawings and cross- sections; and iii Inlcude detailed stability calculations demonstrating that the proposed batters or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than or equal to 1.5 against geotechnical failure (e.g. sliding, rotational failure, slip circle failure etc.); b Address the effects of any dewatering on the potential settlements and lateral movements of the adjacent structures, properties and underground services; c Assess suitability of the proposed basement excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve; d Identify the overall potential adverse effects of the proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements; e Include a site-monitoring plan: i For the entire construction period and a post- construction period of at least three months in order to ensure no adverse impact on the stability and integrity of the adjacent properties/structures; ii Which includes plans and cross-sectional drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and iii Which includes a contingency plan in the event that instability of the adjacent properties/structures arises or is detected during the construction period; and f Include certification from a RPEQ specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than or equal to 1.5 against geotechnical failure; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure.
738th Council Meeting 21 June 2017 426 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
69 Compliance assessment of basement excavation stability assessment report The basement excavation stability assessment report is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed City Plan’s Landslide Hazard Overlay Code; City Plan’s Change to Ground Level and Creation of New Waterways Code; and City Plan policy – Land Development Guidelines. Compliance assessor: City of Gold Coast When the request for compliance assessment must be made Prior to issuing of any building works approval or any works commencing on site. The basement excavation stability assessment report is not an approved report until a compliance certificate has been issued in respect of it. 70 Compliance certificate with future building work development applications A copy of the compliance certificate for the basement excavation stability assessment report must be provided with any future building work development application. 71 Basement excavation and associated drawings are Timing consistent with approved report Prior to the issue of a development permit for The applicant must submit to Council certification from a building works. Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved basement excavation stability assessment report. 72 Basement excavation and dewatering must be carried Timing out in accordance with approved report At all times while works are occurring. All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved basement excavation stability assessment report.
738th Council Meeting 21 June 2017 427 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
73 On-site supervision of basement excavation works Timing At all times while The applicant must engage a Registered Professional basement Engineer of Queensland (RPEQ) specialising in geotechnical excavation/construction engineering for the entire basement excavation/construction works are occurring on period over the subject site, at no cost to Council, for on-site site. supervision of the basement excavation and retention structure installations on the site in order to ensure no adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure. 74 Basement excavation and ground anchoring issues Timing In conjunction with any In conjunction with any application seeking a development application seeking a permit for building works, the applicant shall provide the development permit for following document(s) to the relevant authority. building works. a Written confirmation signed by the applicant or the applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application. Advisory note: The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council. The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council. 75 Certification of completed basement excavation works Timing Immediately after The applicant must submit to Council certification from a completion of the Registered Professional Engineer of Queensland (RPEQ) basement structure up specialising in geotechnical engineering confirming that the
738th Council Meeting 21 June 2017 428 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
basement excavation and associated retention systems have to natural ground level. been satisfactorily installed on site and that there is no visible sign or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructure.
SEWERAGE
76 Sewer reticulation Timing a The development must be connected to Council’s Prior to commencement sewer reticulation system at no cost to Council. of the use of the b The applicant is responsible for any external work premises. necessary to connect to Council’s sewer reticulation system at no cost to Council. c The size of the sewer property service connection shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Water Supply and Sewerage Design & Construction Code (SEQ WS&S D&C Code). d Internal sewer reticulation works within the sites must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002. 77 Design, construction and standard of sewer reticulation Timing The design, construction and standard of the required sewer At all times. reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code). 78 Connection point Timing The existing 225mm diameter sewer main in Elizabeth Prior to commencement Avenue on the property side of the road must be used as the of the use of the connection point, unless otherwise approved by Gold Coast premises. Water and Waste. 79 Operational work (works for infrastructure) application Timing required. Prior to works The applicant must obtain a development permit for occurring. operational work (works for infrastructure) for a 150mm sewer house connection and/or maintenance hole be required to be constructed within the road.
80 Connection and disconnection – arrangements with Gold Timing Coast Water and Waste Prior to connection Any connection or disconnection to the existing sewerage and/or disconnection to network must be at the applicant’s cost. The applicant must existing infrastructure. obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water and Waste (phone 1300 694 222).
738th Council Meeting 21 June 2017 429 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
81 Additional payment condition – sewerage works Timing a The applicant must pay to Council additional Prior to commencement infrastructure costs in the amount of $49,649 as of the use of the additional emergency storage is required at pump premises. station SPS A25 in 2031. Emergency Upgrade works are identified in Council’s LGIP. i The additional establishment cost of providing the additional emergency storage using the following methodology:- Base cost emergency storage x (V^0.835) x adjustment factor x ((1+i)^n), where:
V = 6.1kL - additional volume of emergency storage required (kL) Base unit cost of emergency storage = 4910.52 ($/kL) (Water and Sewerage Infrastructure Plan 2014 Detailed Cost Analysis) Adjustment factor = 1.5 (overhead and contingency allowance) i = 2.53% - indexation (10 year average of ABS 6247 roads and bridges index 3101 Queensland Table 17) n = 4 the number of years bought forward from the beginning of the cohort year (2016), less the year the cost estimates rates were calculated from (2012). ii The applicant may, instead of making the payment, elect to provide part or the entire trunk infrastructure. iii If the applicant elects to provide the trunk infrastructure the:- development requires the construction of additional emergency storage of 6.1kL at SPS A25; construction is to comply with the South East Queensland Water Supply and Sewerage Design and Construction Code; iv The additional payment cost will be recalculated at time of payment to take into consideration changes to the unit cost rate for emergency storage, indexation and number of years between the base establishment cost and the year of payment. This condition is imposed in accordance with section 650 of the Sustainable Planning Act 2009.
Note 1: the Applicant will not be entitled to a refund of any part of the additional payment because the additional
738th Council Meeting 21 June 2017 430 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
payment is for the additional emergency storage attributable to the application only. 82 Redundant sewer property connections Timing The applicant must make application for Gold Coast Water Prior to commencement and Waste to remove or seal and cap any redundant sewer of the use of the property service connection, at the applicant’s cost. premises. Decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extensions and Connections Policy Procedures.
WATER SUPPLY RETICULATION
83 Water supply reticulation (potable only) Timing a The development must be connected to Council’s Prior to commencement potable water supply reticulation system at no cost to of the use of the Council. premises b Internal water reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002 c The applicant is responsible for any external work necessary to connect to Council’s potable water supply reticulation system at no cost to Council. 84 Design, construction and standard of water supply Timing reticulation At all times. The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code). 85 Connection point Timing The existing 100mm diameter potable water main in Elizabeth Prior to commencement Avenue on the same side of the street must be used as the of the use of the potable water supply connection point, unless otherwise premises. approved by Gold Coast Water and Waste. 86 Installation of property service, water meter box and Timing meter Prior to commencement of the use of the The applicant must: premises. a Submit an Operational Works (OPW) application, for Council’s approval, for water metres 100mm and above: b Make application to Gold Coast Water and Waste for Gold Coast Water and Waste’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation. i The property service, water meter box and water meter shall be provided for each dwelling, at the
738th Council Meeting 21 June 2017 431 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
boundary of the development site, in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ WS&S D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedures and/or any applicable Gold Coast City Council policies and procedures), at the applicant’s cost; c Make application for Gold Coast Water and Waste to remove any redundant water meter and/or service, at the applicant’s cost. Removal must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedures. 87 Individual sub-metering to be provided Timing At the time of The applicant shall provide individual sub-metering for all lodgement of the units within the complex including any common property, in Plumbing and Drainage accordance with Sub-metering Policy dated 1 January 2008, application. as follows unless otherwise approved by Gold Coast Water and Waste. a All meters and their locations shall be approved by Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided. c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft. d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily. e Must comply with Gold Coast Waters Network Modifications, Extensions and Connections Policy Procedure.
88 Water supply services to mixed use high rise Timing developments / buildings At all times. Should there be any future intentions of a volumetric subdivision, separate water supply services must be designed and constructed to the different uses (e.g. commercial, residential) or to each future volumetric lot within the mixed use high rise development / building, to the satisfaction of Council’s Chief Executive Officer. This is required so that future volumetric lots within the site can comply with Gold Coast Water and State Government requirements for separate service connection to each volumetric Reconfiguring of a Lot and so the internal services can be managed through the Building Management Statement.
738th Council Meeting 21 June 2017 432 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
89 Connection and disconnection – arrangements with Gold Timing Coast Water and Waste Prior to connection Any connection or disconnection to the existing water network and/or disconnection to must be to the applicant’s cost. The applicant must obtain existing Infrastructure. written approval to the connection and disconnection to the existing water network from Gold Coast Water and Waste (phone 1300 649 222)
90 Supply standard Timing The applicant must provide water supply to the standard At all times. specified in Council’ s Land Development Guidelines and Gold Coast Water Network Modifications, Extension and Connections Policy Procedures. 91 Fire loading Timing Fire loading must not exceed 15L/s for 2 hours duration. At all times.
ACID SULFATE SOILS
92 Excavation/filling requiring consideration of acid sulfate Timing soil At all times. If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material with an average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with. 93 Acid sulfate soil investigation Timing As indicated within An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in the wording of the accordance with the Guidelines for Sampling & Analysis of condition. Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the entire excavation area (ie. through soil investigations); b The degree (ie. concentration) of acid leachate generating potential of soils; c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and d The potential impacts on surrounding environment features. 94 Preparation of acid sulfate soil management plan
738th Council Meeting 21 June 2017 433 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual Version 4.0 (2014, Dear et al); and b Conditions of this approval. 95 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy 2/02 Guideline: Planning and Management Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02); The City Plan’s Change to Ground Level and Creation of New Waterbodies Development Code; and City Plan Policy SC6.2 – Acid Sulfate Soils Management. Compliance assessor: City of Gold Coast When the request for compliance assessment must be made Before the earlier of: A development application for operational work; or Any works commencing on site. The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it. 96 Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications for civil works and changes to ground level.
ADVISORY NOTES TO APPLICANT
B Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing
738th Council Meeting 21 June 2017 434 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.
C Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee.
D Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’); c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval); d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes; e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.
E Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA
738th Council Meeting 21 June 2017 435 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
F Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].
G Infrastructure charges
Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.
H Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.
738th Council Meeting 21 June 2017 436 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
I Food Act 2006 The operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval.
CARRIED Cr Gates voted in the positive.
CHANGED AT COUNCIL 21 JUNE 2017 RESOLUTION G17.0621.008 moved Cr Caldwell seconded Cr Taylor
That Committee Recommendation CP17.0614.003 be adopted, with a change to Part 1, such that it reads as follows:
APPROVED DRAWINGS 1 Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No. Title Date Prepared by DA-100(16) Basement 3 May 2017 dezignteam Architectural Projects DA-101(16) Basement 2 May 2017 dezignteam Architectural Projects DA-102(16) Basement 1 May 2017 dezignteam Architectural Projects DA-103(16) Level 1 (Ground) May 2017 dezignteam Architectural Projects DA-104(16) Level 2 – Car park May 2017 dezignteam Architectural Projects DA-105(16) Level 3 – Car park May 2017 dezignteam Architectural Projects DA-106(16) Level 4 – Car park May 2017 dezignteam Architectural Projects
DA-107(16) Level 5 May 2017 dezignteam Architectural Projects
738th Council Meeting 21 June 2017 437 City Planning Committee Meeting 14 June 2017 ADOPTED REPORT
ITEM 3 (Continued MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS AND SHORT TERM ACCOMMODATION (TOTAL OF 115 UNITS), FOOD AND DRINK OUTLET AND SHOP - 12 - 14 ELIZABETH AVENUE, BROADBEACH – DIVISION 10 PN348688/01/DA1
DA-108(13) Levels 7-9, 16-26 March 2017 dezignteam Architectural Projects DA-109(13) Levels 11-14 March 2017 dezignteam Architectural Projects DA-110(13) Levels 6, 10, 15 March 2017 dezignteam Architectural Projects DA-111(13) Level 27 March 2017 dezignteam Architectural Projects DA-112(13) Level 28-30 March 2017 dezignteam Architectural Projects DA-113(13) Level 31 March 2017 dezignteam Architectural Projects DA-114(13) Level 32 March 2017 dezignteam Architectural Projects 934 BRO/ (16) 3D View 1 May 2017 dezignteam Architectural Projects 934 BRO/ (16) 3D View 2 May 2017 dezignteam Architectural Projects 934 BRO/ (16) North Elevation May 2017 dezignteam Architectural Projects 934 BRO/ (16) East Elevation May 2017 dezignteam Architectural Projects 934 BRO/ (16) West Elevation May 2017 dezignteam Architectural Projects