for the City Planning Committee Meeting - City of Gold Coast · 11/23/2016 · fence, restriction...

727

Adopted Report for the

City Planning Committee Meeting held

Wednesday 23 November 2016

at

9am

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

Index Adopted Report for 727

City Planning Committee Meeting Wednesday 23 November 2016 at 9am

Item Direct Div: File Page Subject

City Development Branch 1 Div 5 PN153424/01/DA1 4 Development Permit For Material Change Of Use

(Impact Assessment) For A Child Care Centre - Lot 85 On RP213033 - 36 Hammond Drive Gaven

2 Div 13 PN22999/1311/01 96 Request To A Apply Superseded Planning Scheme- Lot 733 On RP167320 -130 Tallebudgera Drive Palm Beach

3 Div 1 PN103107/01/DA2 112 Development Permit For Material Change Of Use (Impact Assessment) For An Outdoor Storage Area - Lot 85 On A1551 -393 Rotary Park Road Alberton

4 Div 9 PN286886/12/DA1 164 Development Permit For Material Change Of Use For Service Station, Take-Away Food Premises, Shop, And Development Permit For Reconfiguration Of Lot For One Into Two Lot Subdivision – Lot 42 On Sp184241 – Somerset Drive Mudgeeraba

City Planning Branch 5 PE PD97/1132/02/09 (P4) 242 Adopt Party Houses Temporary Local Planning

Instrument No. 3 Closed Session

6 PE PD98/1132/04/33 (P1) 268 CONFIDENTIAL Program Of Upcoming City Plan Updates

Open Session 7 Div 10 PN282644/359/01 290

Request to amend Conditions for a Development Application for Regulated Development Pursuant to Clause 16 of the Jupiters Casino Agreement Act 1983 (JCAA 1983) for Multiple Dwellings & Resort Complex (High Rise Building- 61 Storeys) and Extensions to the Jupiters Casino and Resort (including Indoor Recreation, Food and Drink Outlets, Shops and Nightclub Entertainment Facility) - Lot 299 on WD3639, Lot 1 on SP156263, Lot 556 on SP156263 - Broadbeach Island & T E Peters Drive, Broadbeach

General Business KEY: CEO - Chief Executive Officer GCW - Gold Coast Water CMS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects PE - Planning & Environment CI - City Infrastructure

727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

2 Adopted Report

ADOPTION BY COUNCIL 29 NOVEMBER 2016 RESOLUTION G16.1129.012 moved Cr Caldwell seconded Cr PJ Young That the Report of the City Planning Committee’s Recommendations of Wednesday, 23 November 2016, numbered CP16.1123.001 to CP16.1123.007, be adopted with the exception of:- Recommendation Numbers CP16.1123.004 and CP16.1123.007 which were specifically resolved.

CARRIED UNANIMOUSLY

ATTENDANCE Cr C M Caldwell Chairperson Cr D Gates Cr W M A Owen-Jones Cr P J Young Cr G Baildon AM Cr P A Taylor Cr H Vorster Cr G O'Neill Mrs Dyan Currie Director Planning & Environment Ms A Swain Manager City Development Ms A Tzannes Acting Manager City Planning Mrs Z Meha Manager Business Support APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS


3 Adopted Report

ITEM 1 CITY DEVELOPMENT DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE-LOT 85 ON RP213033-36 HAMMOND DRIVE GAVEN-DIVISION 5 PN153424/01/DA1

Refer 12 page attachment

1 OVERVIEW Site address 36 Hammond Drive Gaven Application description

Development Permit for Material Change of Use (Impact Assessment) for a Child care centre.

Decision due date 29 November 2016

Proposal

Establishment of a Child care centre on the site within a new single storey building. The facility will operate as follows: Maximum of 85 children. 15 staff on-site. Operate Monday to Friday between 6.30am to 6.30pm. Outdoor play areas are provided around the rear, side and centrally within

the centre. A new driveway is proposed leading into the site to a parking area.

Main Considerations

Consideration Resolution Establishment of Child care centre.

Acceptable outcome demonstrated - The provisions of Section 6.2.21.2(2)(a)(iv) of the Rural residential zone states that non-residential uses (Child care centres) may be appropriate where they meet the day to day needs of the residential catchment and do not compromise the amenity and character of the zone. In regards to the provision of the Child care centre the applicant has submitted a “Needs Assessment” as part of the application to demonstrate that there is a demand for Child care centres within the Pacific Pines area. Being located on Smith Street, parents are able to drop their children off on their way to work and pick them up after work on their way home. The development has an appropriate degree of building articulation, residential scale and character that will complement the existing area. The predominant character of the area still remains as a residential neighbourhood.

Amenity impact of proposed development.

Acceptable outcome demonstrated - An acoustic report has been submitted with recommended measures to reduce impacts on the locality. These measures include provision of an acoustic fence, restriction on the hours of operation, restrictions on the use and play equipment established within the outdoor area along the northern boundary and surface coating of the driveway and carpark areas.


4 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1

Furthermore the proposed building is a single storey building positioned at a lower level than the dwelling on the adjoining residential site to the north.

Impact of altered Hammond Drive / Smith Street intersection.

Acceptable outcome demonstrated - The proposal will remove the current right-turn towards Pacific Pines and will also remove the right hand turn into Hammond Drive from Smith Street. It is considered from a traffic engineering perspective that the alterations will improve traffic safety in the long-term. The traffic review undertaken has identified that in the long-term, the right turn time onto Smith Street from Hammond Drive will increase due to increased traffic volumes leading to drivers facing lengthy delays and potentially leading to drivers making unsafe turns. The proposed removal of the ability to make right turns and providing for u-turns at the Banyula Drive intersection will resolve these safety concerns and will provide existing residents and the proposed Child care centre traffic a safe alternative to head west on Smith Street from Hammond Drive until such time as this section of Smith Street is upgraded.

Provision of on-site parking.

Acceptable outcome demonstrated – the proposal provides 34 car parking spaces and a loading bay in accordance with the requirements of the Transport code.

Submissions

Objections Support Thirty five (35) properly made objections, including a petition with 130 signatures Eighteen (18) not properly made objections

Nil

Key issues raised by submitters

The key issues raised related to: Impact of increased traffic flow and traffic safety issues. Loss of ability to make a right-turn at the Smith Street/ Hammond Drive

(west) intersection. Impact of increased noise pollution from cars and children. Concern whether an additional Child care centre is necessary as the

area is already well serviced with Child care centres. Concern regarding the establishment of a commercial use in a residential

area. Concern regarding the impact of the proposed development upon the

amenity and privacy of the adjoining site. Concern that the removal of vegetation will impact upon wildlife habitat. Concern regarding how the effluent generated will be treated.


5 Adopted Report


Referral agencies Not Applicable Officers recommendation Approval

REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT 7 PLANNING ASSESSMENT

7.1 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 Council is in receipt of a development application for Material Change of Use (Impact Assessment) for a Child care centre. The subject site is located in the Rural residential zone. The proposal triggers Impact Assessment pursuant to Table of assessment 5.5.21 – Rural residential zone (where not in a precinct).

The proposed development has been assessed against the following provisions: City Plan Strategic framework Zone code Rural residential zone Use code Child care centre code Other development code(s) General development provisions code

Landscape work code On-site sewerage facilities code Transport code Vegetation management code

Overlay code(s) Bushfire hazard overlay code Environmental significance overlay code Landslide hazard overlay code


6 Adopted Report


Alternative solutions are proposed in relation to: Acceptable outcome 4 and Acceptable outcome 5 of the Child care centre code, which

relates to the location of the Child care centre to reduce and minimise vehicle trips and minimising the introduction of additional traffic into minor residential streets;

Acceptable outcome 2 of the General development provisions code, which relates to the prevention of loss of amenity;

Acceptable outcome 5.5 of the Environmental significance overlay code, which requires a buffer of at least 30 metres between the development and the identified watercourse.

In addition, the proposal addresses the provisions of Performance outcome 20 of the Transport code which seeks to ensure development is appropriately located to reduce the need for travel by car and designed to reduce impacts on the amenity, safety and operation of the road network. These provisions have been considered and addressed as part of the development assessment within this report.

In response to the public notification period, thirty-five (35) “Properly Made” objections, including a petition with 130 signatures and eighteen (18) “Not Properly Made” objection submissions were received. All aspects of the submissions have been taken into consideration during the assessment of the application and detailed within the report. The assessment of the application and the issues raised as part of the public notification period has determined that the proposed development will not be contrary to the intent of the City Plan.

It is therefore recommended that the application be approved, subject to the conditions of approval provided in the Officer’s recommendation. 3 APPLICATION INFORMATION Real property description Lot 85 on RP213033 Applicant Jorgensens Pty Ltd

C/- Grummitt Planning Pty Ltd Owner at time of lodgement Kristen Jean Cusack & Jordon Dean Foster Current owner Kristen Jean Cusack & Jordon Dean Foster Site area 5415m2 Date application received 31 March 2016 Date entered decision 28 July 2016 Zone Rural residential Zone precinct (if applicable) Not Applicable Decision type Development Permit for a Child care centre

4 BACKGROUND Not Applicable

5 PROPOSAL The applicant seeks approval for the establishment of a Child care centre on the site. The facility will operate as follows: Maximum of 85 children. 15 staff on-site to cater for the maximum number of children. The Child care centre will operate Monday to Friday between 6.30am to 6.30pm.


7 Adopted Report


The layout of development provides a single storey building located centrally within the site. The design consists of two separate ‘wings’ connected by the central foyer and reception area, with six individual playrooms, a sleep room, kitchen area and ancillary office/staff accommodation. Toilet facilities are provided in between each section of activity rooms. The existing fence along the northern boundary adjoining 34 Hammond Drive will be replaced by an acoustic fence.

Three (3) outdoor play areas are proposed, one to the northern/western side of the building, one to the eastern side and a central covered area.

Vehicular access will be provided via a vehicle crossing off Hammond Drive leading to an internal parking area which contains 34 car parking spaces and a loading bay. Landscaping, including screening shrubs along the northern boundary by the proposed carpark area will be provided.

Proposal Layout

6 SITE & ENVIRONMENT The subject site is a rectangular lot located at the intersection of Hammond Drive and Smith Street. The site currently contains a single level residential dwelling with associated garage located to the centre of the site. The frontage of the site contains an open lawn area. The property slopes away to the rear of the property which is covered in dense vegetation. It is intended to retain much of the vegetation to the rear in order to maintain the property’s environmental values. A low metal fence currently runs along the northern boundary of the site.

The surrounding areas to the north, east, west and south east has been developed for residential uses, consisting of single dwelling lots. The site runs along Smith Street which leads to up to Pacific Pines to the north. Land to the south west forms part of the Nerang State Forest.


8 Adopted Report


Site Locality

7 PLANNING ASSESSMENT 7.1 Assessment against City Plan The proposed development, which seeks to establish a Child care centre, triggers impact assessment pursuant to Table 5.5.21: Rural residential zone as identified in the City Plan.

The definition of the proposed land-use is as follows:

“Child care centre: Premises used for minding, education and care, but not residence, of children.”

7.1.1 Assessment against the Strategic Framework The application has been assessed against the Strategic framework, as follows:

Strategic intent The provisions of Section 3.2.2 – City shape and urban transformation states the following:

Non-urban places, including natural landscapes, the inter-urban break, rural residential and rural production areas, make up nearly two-thirds of our city area. These places will remain critical to our liveability and economy and will continue to provide a strong green frame to the city’s urban areas. The City Plan will protect these places from inappropriate development and support small-scale opportunities for diversification where consistent with this protection.

Based on the above, it is considered that the proposed Child care centre has been designed taking into account the rural residential environment within which it is located. The bulk of the development is located towards the centre and the front of the site. The requirement to partially remove vegetation to the rear of the site has been reviewed by Council’s Environmental Planner. The review concludes that the proposed development retains and


9 Adopted Report


protects the vast majority of Koala food trees on the site. Should the proposal be approved, conditions of approval have been provided in respect to a covenant area being established and landscape planting scattered around the development area, including facing the Smith Street frontage. These will ensure any loss of vegetation that occurs is adequately mitigated and does not impact adversely upon the bushland environment to the rear of the site. Creating liveable places The provisions of Specific Outcome 3.3.7 states that:

(1) Rural residential areas continue to support the lifestyle and amenity aspirations of residents in a semi-rural or bushland environment on very low intensity lots. They are not part of the urban area.

(2) Rural residential areas protect and enhance bushland, waterways and wetlands, habitat trees and wildlife corridors. They help maintain the city’s green frame, particularly on the Hinterland ranges and foothills. These areas may be subject to private conservation agreements.

(3) Rural residential areas maintain their amenity and very low intensity and low-rise living environment. Subdivision is limited to existing rural residential areas. Development does not disrupt local amenity and character. Sustainable eco-villages may be appropriate where landscape character and ecological values are maintained.

The site adjoins Smith Street which contains a high volume of traffic flow linking to the Pacific Pines area. As such, the locality is subject to traffic movement noise. As identified by the Transport section, it is expected that the traffic volume along Smith Street will increase, leading to increased traffic noise which will impact upon the amenity levels, irrespective of the proposed development. In respect to the amenity impact of the proposed development, an acoustic report has recommended measures to be implemented in order to mitigate noise emissions. Recommended conditions are included, requiring the development to be established in accordance with the submitted acoustic report recommendations.

With regards to the environmental values on the site, it is noted that the rear of the site contains a waterway and existing mature trees which provide for fauna habitat. The proposal layout design ensures that the development is located towards the front of the site which has been cleared of vegetation. This aspect of the proposal has been reviewed by Council’s Environmental Planner with recommended conditions provided to ensure the retention of trees to the rear which will ensure the retention of habitat area for fauna. A covenant is recommended to be placed over this area to preserve the environmental values which will serve to maintain the semi-rural character of the area. In addition, to mitigate the loss of vegetation, the applicant has submitted a landscaping plan which will not only serve to soften the visual impact of the development, but also maintain the greenery of the site. In respect to the built form of the development, the structure is a low profile single level building. As noted within this report a review undertaken by the City Architect’s office states that the development has an appropriate degree of building articulation, residential scale and character that will fit in with the existing area. Improving transport outcomes The provisions of Section 3.6.1(7) – Strategic outcomes states the following:

The Gold Coast’s road network is safe and efficient.

It is acknowledged that the introduction of a Child care centre on the site will result in an increase in traffic volume on Hammond Drive, in particular during the morning drop-off and


10 Adopted Report


afternoon pick-up times. The existing traffic at the Smith Street and Hammond Drive (west) intersection allows for a left and right turn for vehicles exiting Hammond Drive. In order to address the increased traffic flow and minimise traffic flow conflict issues, the applicant has proposed to alter the existing intersection to a left-in, left-out setup, removing the right turn towards Pacific Pines. In addition, it is proposed to allow for u-turns at the Smith Street/ Banyula Drive traffic signal to enable vehicles to return back towards Pacific Pines. The proposed alterations to the roading network is illustrated below:

Smith Street/ Hammond Drive (west) intersection

Smith Street/ Banyula Drive Intersection u-turn


11 Adopted Report


Whilst the proposed alteration to the intersection will create a perceived inconvenience for residents, it is considered that by restricting a right-turn this will improve safety at this intersection in the long-term. The review undertaken by Council’s Transport Assessment team notes that as background traffic volumes increase on Smith Street, delays will increase for drivers turning right out of Hammond Drive irrespective of the proposed development. When drivers face lengthy delays, they often choose smaller gaps in the traffic flow out of frustration, which can lead to vehicle collisions. The assessment considers that the proposal to prohibit right turns at the intersection and the proposal to allow u-turns at the Smith Street/ Banyula Drive signals, will mitigate these existing safety concerns and will provide existing residents and the proposed child care centre traffic, a safe alternative to head west on Smith Street from Hammond Drive until such time as this section of Smith Street is upgraded. 7.1.2 Assessment against the relevant zone code The subject site is located in the Rural residential zone. The purpose of the zone is relevant to the assessment of this application is as follows:

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) Land uses –

i. support the rural lifestyle and amenity aspirations of residents residing in the semi-rural or bushland environment;

ii. provide low rise, very low intensity residential accommodation such as Dwelling houses, and Short-term accommodation (farm stays);

iii. preserve the matters of environmental significance and topographical features of the land by integrating uses of appropriate scale amongst the landscape;

iv. non-residential uses may be appropriate where they meet the day-to-day needs of the residential catchment and do not compromise the amenity and character of the zone and local area, such as Child care centres, Shops, Clubs;

v. that have the potential for higher impacts on amenity but contribute to the semi-rural use of the zone may be considered where they are appropriately designed and located, such as Animal keeping, Animal husbandry and intensive horticulture;

vi. that do not directly relate to the semi-rural operation of the zone may be considered such as Garden centres, Veterinary services, Community care centres, Community uses, Education establishments, Places of worship, Environmental facilities and Tourist attractions, Emergency services and Transport depot where they do not compromise the amenity and character of the zone; and

vii. do not detract from the residential amenity of the area. Officer’s Comments The rural lifestyle of the area is characterised by low intensity development, being predominantly single dwelling lots and low traffic volumes. Whilst the introduction of the Child care centre to the area will increase traffic flows, it is considered that the proposal has been designed to mitigate any adverse impacts upon residents in the area on the following grounds: Despite the site being located within the Rural residential zone, the site fronts Smith

Street which contains a high traffic volume that will increase over the coming years due to increased development in the Pacific Pines area. It is considered that the resulting


12 Adopted Report


traffic noise from the centre will not have any additional impact upon the amenity of the area. In respect to the Child care centre, the design provides several measures including the construction of an acoustic fence, restrictions on the use of the outdoor area along the northern boundary, to address noise impacts generated.

The Child care centre is a single storey building which is of a residential scale to ensure that it will complement the existing residential built form of the area.

The proposal retains vegetation to the rear of the site which serves as an environmental area for ecological purposes and fauna habitat. In addition, the proposal includes landscaping and replacement planting to ensure the environmental and landscape values of the site is maintained.

The provisions of the Rural residential zone contemplates the establishment of a Child care centre where it meets the day to day needs of the residential catchment. In this instance the applicant has submitted a needs assessment outlining the need for such a facility within the locality, with the proposed centre designed to service the Pacific Pines and surrounding residential catchment as the population grows in the area.

In respect to the traffic flow generated, the development has proposed to alter the flow of traffic at western side Hammond Drive/ Smith Street intersection with the existing right turns towards Pacific Pines removed. The proposed change will likely result in vehicles back-tracking along Hammond Drive to use the eastern Smith Street/ Hammond Drive intersection. In order to reduce the impact of this occurring a solution has been proposed to provide a u-turn at the Smith Street/ Banyula Drive intersection.

This proposal has been reviewed by Council Officers and it has been determined that with the future increase in traffic flow on Smith Street and the need to ensure safety of vehicle occupants turning right at the western Smith Street/ Hammond Drive intersection, the proposed u-turn proposal at Smith Street/ Banyula Drive is suitable.

The Child care centre has been designed to comply with the Acceptable outcomes of the zone, in relation to building height, setbacks and site coverage.

It is therefore considered for the reasons outlined above that the design and operation of the proposed Child care centre is consistent with the outcomes sought under the provisions of the Rural residential zone. 7.1.3 Assessment against the relevant overlay codes The proposed development is required to be assessed against the following overlay codes: Bushfire hazard overlay code Environmental significance overlay code Landslide hazard overlay code

Bushfire hazard overlay code The site is identified as being subject to a medium potential bushfire hazard. In this regard the applicant has submitted a Bushfire Management Plan to address the impact of the identified hazard on the proposed development. The report has been reviewed and accepted by Council’s Bushfire Assessment Officer. Recommended conditions have been provided to ensure on-going compliance with the bushfire report.


13 Adopted Report


Environmental significance overlay code Council’s overlay mapping identifies the site as being subject to Environmental significance – priority species, vegetation management and wetlands and watercourse mapping. In order to address the identified environmental overlays, the applicant has prepared and submitted an Ecological Assessment Report in conjunction with the application. In regards to the site constraints, a site visit was undertaken confirming the front of the site has already been cleared and is being used as part of the existing residential development. The areas of environmental significance are located to the rear of the site. The submitted Ecological Report and additional information submitted as part of the information Request response has been reviewed by Council’s Environmental Planner. The review of the application concludes that the proposed development retains and protects the vast majority of Koala food trees on the site. Should the proposal be approved, recommended conditions have been provided in respect to a covenant area being established to ensure the future preservation of trees to the rear of the site. Furthermore, the provisions of AO5.5 of the Code states that buffers at least 30 metres are provided between the development and the outer bank of a watercourse as identified on the Environmental significance – wetlands and watercourse overlay map. The setbacks to the effluent disposal areas from the waterway located to the rear of the site will average less than the 30 metres, ranging from 11.2 metres and 37.8 metres. The location of the effluent disposal area has been reviewed by Council’s Environmental Planner who has advised that the proposed buffer width is considered acceptable. It is therefore considered for the reasons outlined above and subject to compliance with recommended conditions of approval, the development satisfies the outcomes sought by the code. Landslide hazard overlay code Council’s overlay mapping identifies that a small north-eastern portion of the site is subject to a moderate landslide hazard. It is noted that the proposal involves no works in this area of the site, thus is unaffected by the identified landslide hazard. 7.1.4 Assessment against the relevant development codes The proposed development is required to be assessed against the following development codes: Child care centre code General development provisions code Landscape work code On-site sewerage facilities code Transport code Vegetation management code Child care centre code The purpose of the Child care centre code is to:

1. The purpose of the Child care centre code is to provide safe and accessible Child care centres.

2. The purpose of the code will be achieved through the following overall outcomes:


14 Adopted Report


a. Child care centres meet community needs through location, access, safety, health and quality.

b. The character and amenity of the surrounding environment is protected through appropriate design and screening.

Officer’s Comments In regards to the need for the provision of a Child care centre the applicant has submitted a “Needs Assessment” as part of the application to demonstrate that there is a demand for additional Child care centres within the Pacific Pines area. It indicates that there is a deficit of Child care centres in the Pacific Pines area which would lead to residents looking for care in the surrounding areas, thus there is a community need for such a facility. The locality was chosen as it was considered a suitable location to service the Pacific Pines and immediate surrounding area catchment as parent are able to drop their children off on their way to work and pick them up after work.

To ensure access and safety is maintained, the Smith Street / Hammond Drive (west) intersection is proposed to be altered to remove the right-turn on Smith Street and include the provision of a u-turn at the Banyula Drive intersection signals. As discussed within the Transport code assessment, this will ensure the efficient and safe movement of traffic and will serve to avoid potential accidents.

In order to reduce potential amenity/noise impacts as outlined within this report the development includes several measures in order to mitigate impacts from noise generated by the centre operations.

To ensure the Rural residential character is maintained, the proposal retains existing mature vegetation to the rear of the site which serves as an area of fauna habitat. In addition, the proposal includes landscaping and replacement planting to ensure the environmental and landscape values of the site is maintained. In addition, the retention of vegetation will assist in screening the development from residential properties to the east of the subject site.

It is therefore considered for the reasons outlined above, the proposal achieves the outcomes sought by the Child care centre code.

PO4 - Safety & amenity

Performance outcome Acceptable outcome

PO4 The child care centre is conveniently located to minimise vehicle trips and encourage walking to drop off and pick up children.

AO4 The Child care centre is located no more than 200m from a community focal point, such as: a. an activity centre; b. a major employment establishment; c. a shopping centre; d. a library; e. an active parkland area; f. an educational establishment; or g. a sports field.

Officer’s Comments The proposed location of the facility is more than 200 metres from the closest community focal point, being the Stockland Pacific Pines Shopping Centre located approximately 1.17 kilometres to the northwest at the intersection of Pitcairn Way and Smith Street.


15 Adopted Report


Whilst the distance does not encourage walking, the applicant has submitted that the target market for the centre will be residents in the Pacific Pines area. It is expected that the residents will be able to drop their children off during the morning on their way to work and pick them up during the afternoon on their way home. Thus it is considered that the proposed Child care centre location will not significantly increase traffic movement beyond that already occurring past the site reflecting the intent of the performance outcome.


PO5 The Child care centre is located to minimise: a) the hazards of heavy

traffic; and b) the introduction of

additional traffic into minor residential streets.

AO5 The Child care centre is not located on: a) state strategic road, regional road, district road or an

arterial road; or b) a minor residential street.

Officer’s Comments Hammond Drive is a collector street with existing traffic flow limited only to residents. The proposed development including the alterations to the Smith Street/ Hammond Drive intersection will increase traffic flow along Hammond Drive. In order to mitigate the impact of this, the applicant seeks to provide a u-turn at the Smith Street / Banyula Drive signalised intersection. The intention of this proposal is to reduce traffic flow on Hammond Drive and provide an alternate route heading west to Pacific Pines for vehicles which would otherwise backtrack along Hammond Drive.

This aspect of the proposal has been reviewed by Council’s Transport Assessment team and discussed further within the Transport code assessment. The proposed alterations to the intersection are supported as it will improve safety at this intersection in the long-term.

Therefore, it is considered that the measures proposed to minimise the impact of traffic generated, reflect the performance outcomes sought and minimises the impact of additional traffic along Hammond Drive, whilst safety traffic safety is maintained.

General Development provisions code The proposal complies with the provisions of the General development provisions code, except as follows: PO2 – Amenity Protection

Performance Outcome Acceptable outcome

PO2 The proposed development prevents loss of amenity and threats to health and safety, having regard to: a) noise; b) hours of operation; c) traffic; d) signage; e) visual amenity; f) wind effects; g) privacy;

AO2 No acceptable outcome provided.


16 Adopted Report


h) vibration; i) contaminating substances; j) hazardous chemicals; k) odour and emissions; and l) safety.

Officer’s Comments In order to prevent the loss of amenity, health and safety, the proposal includes the following: The applicant has submitted an acoustic report which outlines measures to be undertaken

in order to mitigate the impact of the proposal. The measures include the construction of an acoustic fence along the northern boundary, restriction on hours of operation, restriction on children’s play activity prior to 7am to inside the centre and the outdoor play area to the northern and western side of the building be limited to only toddlers and babies. Additionally driveway and carpark areas are to be finished with surface coatings which will prevent tyre squeal.

The centre is a single storey building which has been designed to be compatible with the built form of the surrounding residential area. The development also includes the retention of vegetation to the rear of the site along with proposed landscaping to maintain the visual amenity of the area.

Given the nature of the Child care centre activity it is unlikely to generate any adverse hazardous substances, chemicals, odour or emissions that would be a threat to the health of residents along Hammond Drive.

The proposal to prohibit right turns at the intersection and to allow u-turns at the Smith Street/ Banyula Drive signals is considered an appropriate solution to resolve existing safety concerns and provide a safe alternative to head west on Smith Street from Hammond Drive until such time as this section of Smith Street is upgraded.

It is therefore considered for the reasons outlined above that the development is consistent with the intent of the performance outcomes and provides adequate measures to mitigate the amenity impacts arising from the development. Landscape work code The applicant has submitted a Statement of landscape intent, being plan No. 1603-LCP1, Rev No E, title: landscape Concept Plan, date March 16, prepared Mark Baldock landscape Architect. The proposed landscaping plan has been reviewed and accepted by Council’s Landscape Assessment Officer. Conditions of approval have been provided and included in the Officer’s recommendation. On-site sewerage facilities code The applicant has submitted an effluent report – plan / drawing, being Onsite and Soil Evaluation for Effluent Disposal, Country-Wide Water Pty Ltd, File No. CWW:437.16 Issue 1, 27 May 2016). This report has been reviewed and accepted by Council’s Environmental Planner and Council’s Plumbing and Drainage Section. Recommended conditions have been provided to mitigate environmental harm or health risk. Transport code The outcomes sought by the Transport code are supported by the following overall outcomes below:


17 Adopted Report


Overall outcome 2(e)(ii) seeks to:

“provide a road network which ensures development impacts on amenity caused by traffic is consistent with the community’s reasonable expectations for the intended use.”

Overall outcome 2(e)(iii) seeks to:

“develop road networks that are permeable and legible to facilitate a high level of connectivity, are safe and are shared with active and public transport”.

In addition to the above, the following performance outcome sought by the code was applied to the application assessment in relation to the impact of the traffic generated and proposed traffic control solutions.


PO20 Development is: (a) appropriately located to reduce the

need to travel by car and is accessible by public transport, walking and cycling; and

(b) designed to reduce impacts on the amenity, safety and operation of the road network through appropriate measures to ensure that the function and capacity of the road network is not compromised.

AO20 A Traffic Impact Assessment is prepared and submitted to Council in the following instances:(a) when the development is identified as

“any other use not listed in this table” or “any other undefined use” in Part 5 – Tables of assessment;

In this instance despite the above criteria the applicant has submitted a Traffic Impact Assessment in support of the development.

Officer’s Comments The development proposes to alter the current Smith Street/ Hammond Dive (west) intersection to prohibit right turns towards Pacific Pines and a right turn into Hammond Drive driving along Smith Street. This aspect of the proposal, including the Traffic Impact Assessment (TIA), has been reviewed by Council’s Transport Assessment section with the following comments: "PO20 of the Transport Code requires that:

“Development is designed to reduce impacts on amenity, safety and operation of the road network through appropriate measures to ensure that the function and capacity of the road network is not compromised.”

The Bitzios Consulting TIA presents the following findings: - The proposed child care centre will generate 70 vehicle trips during the AM peak hour

and 61 trips during the PM peak hour. It is also estimated that the child care centre will generate up to 260 vehicle trips per day.

- The existing Smith Street / Hammond Drive (West) intersection is deficient in terms of safety and capacity for the following reasons: o No turning lanes are currently provided at the intersection. Due to the high volume of

traffic on Smith Street and high speed environment, this exposes traffic attempting to turn right into Hammond Drive to an unreasonable risk of nose-tail crashes.

o Under existing traffic conditions, vehicles turning right out of Hammond Drive (west) have an average wait time in excess of 60 seconds.


18 Adopted Report


- The Hammond Drive (West) approach to the intersection will move well beyond capacity within 10 years (i.e. by the year 2027) based on background traffic growth on Smith Street. A SIDRA analysis shows that delays to vehicles turning out of Hammond Drive during the morning peak hour will reach 20+ minutes. This delay will increase with the addition of the proposed child care centre traffic.

Whether the delays presented in the TIA will actually be realised is uncertain as SIDRA software provides unstable results when an intersection moves beyond capacity. In any case, it is clear that the western intersection is already nearing capacity and will move well beyond capacity within 10 years under background traffic growth on Smith Street, with substantial delays to drivers turning right out of Hammond Drive.

Given the capacity concerns at the western intersection of Smith Street and Hammond Drive, Transport Assessment observed the current operation of the eastern intersection of Hammond Drive and Smith Street during peak periods for comparison purposes. Because the intersection is between two signalised intersections and because of downstream congestion to the east on Smith Street, there are slow moving queues in both directions on Smith Street. This complicates finding suitable gaps in the traffic flow to turn out of Hammond Drive East. For that reason, there are lengthy delays for vehicles turning right out of Hammond Drive. The observed delays for this intersection were longer than the delays at the Hammond Drive (West) intersection. These delays will also increase as background traffic volumes increase on Smith Street.

It is important to note that Council has no planning to upgrade this section of Smith Street or the Hammond Drive intersections prior to 2031. The Bitzios analysis has revealed that existing residents in the Hammond Drive catchment will face very lengthy delays to turn right onto Smith Street within 5-10 years based on background traffic growth alone. When drivers face lengthy delays, they often choose smaller gaps in the traffic flow out of frustration which can lead to vehicle collisions. Several public submissions expressly state perceived safety issues at the Smith Street / Hammond Drive (West) intersection in its current form.

The applicant has therefore proposed the following road works to resolve the existing capacity and safety concerns at the Smith Street / Hammond Drive (West) intersection and to accommodate the proposed development traffic:

- Ban right turns at the Hammond Drive (West) intersection in the form of a left-in / left-out splitter island; and

- Allow U-turns at the existing Smith Street / Banyula Drive signals.

The above works will allow drivers from the Hammond Drive catchment to head west on Smith Street (i.e. to Pacific Pines) by turning left at Hammond Drive (West), driving east to the Banyula Drive signals, perform a U-turn and then head west on Smith Street.

As previously noted, PO20 of the Transport Code requires that “development is designed to reduce impacts on amenity, safety and operation of the road network through appropriate measures to ensure that the function and capacity of the road network is not compromised.”

The applicant’s proposal has therefore been assessed against the requirements of PO20 as follows:

a. Function and Capacity of the Road Network The SIDRA analysis presented by Bitzios Consulting has revealed that the Hammond Drive (West) intersection is nearing capacity with delays in excess of 60 seconds to turn right out of Hammond Drive. This could increase to 20 minutes within 10 years under background traffic growth irrespective of the proposed development. There is an existing


19 Adopted Report


capacity problem at the intersection which will worsen over time. Council has no planning to resolve this matter.

The proposed left-in / left-out intersection at Hammond Drive (West) will operate satisfactorily over a 10 year period, given that the left turn volume out of Hammond Drive will only be relatively small (24 vehicles per hour) with the proposed development.

The proposed modification to the Smith Street / Banyula Drive signals to allow a U-turn has been modelled by Bitzios Consulting. The analysis shows that the addition of a U-turn phase will increase total average delays at the intersection by only 2-3 seconds and by 5-8 seconds on the Banyula Drive approach under 2027 traffic conditions. The 95th percentile queue length at the intersection will increase by approximately 1 vehicle length.

It is therefore considered that the proposed road works will satisfactorily accommodate the proposed development traffic with respect to road capacity and will also resolve an existing capacity issue within the road network by providing an alternative route for Hammond Drive traffic wanting to head west on Smith Street.

b. Safety There are existing safety concerns at the Smith Street / Hammond Drive (West) intersection. This is confirmed by several public submissions which expressly state perceived safety issues at the Smith Street / Hammond Drive (West) intersection in its current form.

A right turn lane is currently warranted in Smith Street at the intersection irrespective of the proposed development. The absence of a right turn lane at this location increases the risk of nose-tail accidents. The potential for accidents will increase as background traffic volumes increase. Also, as background traffic volumes increase on Smith Street, delays will increase for drivers turning right out of Hammond Drive irrespective of the proposed development. When drivers face lengthy delays, they often choose smaller gaps in the traffic flow out of frustration which can lead to vehicle collisions.

The proposal to ban right turns at the intersection and allow U-turns at the Banyula Drive signals will resolve these existing safety concerns and provide existing residents and the proposed child care centre traffic a safe alternative to head west on Smith Street from Hammond Drive until such time as Council upgrades this section of Smith Street.

c. Amenity Some residents have expressed concern over losing the ability to turn right at the Hammond Drive (West) intersection, however the capacity and safety issues at the intersection cannot be ignored. Over the next 5 - 10 years, delays to traffic turning right out of Hammond Drive will increase substantially. The proposed alternative route will ultimately provide residents a safe alternative that will incur comparatively smaller delays during peak periods in 2027. The proposed road works will therefore result in an improvement to amenity during peak periods over that time frame.

It is acknowledged that additional travel time will be incurred to residents during off-peak times (80-90 seconds on average), however residents would also incur additional delays during off-peak times if the intersection were to be signalised.

Traffic approaching the development from the east will have to turn into Hammond Drive at the eastern intersection with Smith Street and drive through the Rural Residential Zone to access the child care centre. This will result in 8 additional vehicle trips (approximately 1 vehicle every 7.5 minutes) during the morning peak hour and 25 vehicle trips (approximately 1 vehicle every 2.5 minutes) during the afternoon peak hour.


20 Adopted Report


This increase in traffic activity is considered to be minor and will not have any adverse impact on amenity.

The proposed development is therefore considered to comply with PO20 of the Transport Code giving consideration to function and capacity of the road network, safety and amenity.”

As such, the grounds for not supporting a left-in/left-out arrangement are not considered to be sufficient to warrant refusal of this application given that solutions proposed to manage the traffic flow generated satisfy the outcomes sought by Performance outcome 20 by providing appropriate measures to ensure that the function and capacity of the road network is not compromised.

Furthermore an alternate was discussed during the assessment of the application which would have required that the Smith Street/ Hammond Drive (west) intersection be signalised. This is Council Officers and Traffic and Transport’s preferred approach for addressing the traffic impact at the intersection. However, as outlined within this report an assessment of the traffic control measures proposed by the applicant are considered to comply with Performance outcome 20 of the Transport Code.

Transport Assessment has therefore moved forward with a recommendation to approve the development subject to conditions requiring a left-in/left-out arrangement at the Hammond Drive (West) intersection and provision of a U-turn at the Banyula Drive signals. The recommended conditions have been included within the Officer's recommendations.

On-site parking In respect to the required on-site parking, Table 9.4.13-3 of the Transport code requires that a Child care centre provides for one car parking space per member of staff, along with one car parking space per 5 children enrolled. The centre includes 15 members of staff, plus a maximum of 85 children. This generates a need for 15 spaces specifically for staff and a further 17 spaces for visitors, thereby a total need for 32 spaces. The application proposes a total of 34 car parking spaces and one loading bay space. Vegetation management code The proposed development will require the removal of protected-sized trees on the site. Despite this, the assessment of the proposal including the submitted Environmental Assessment report undertaken by Council’s Environmental Planner concludes that the plan shows the proposed development retains and protects the vast majority of koala food trees on site in association with the protection of the waterway buffer. Additionally, the proposed development will not impact on any habitat trees (i.e. as defined by the Gold Coast City Plan).

It is noted that many of the canopy and habitat trees are to be retained in and around the proposal and supplementary planting will also be undertaken as part of rehabilitation works to the rear of the proposal and along the waterway. Conditions have been provided with respect to a covenant being placed over the area.

The inclusion of a covenant will ensure that the development achieves the outcomes sought by the code and that vegetation of environmental significance, which serves as a habitat for fauna is retained. 7.2 Assessment against the State Planning Policy Not Applicable


21 Adopted Report


7.3 Assessment against the State Planning Regulatory Provisions Not Applicable

7.4 Assessment of development infrastructure requirements

Development Contributions Group (DCG) provided an Infrastructure charge notice (ICN) in the event the application is approved. Charges from the ICN are shown below.

8 CONSULTATION 8.1 Internal Referrals The application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on 11 April 2016. The application was referred to the following internal City specialists:

Health and Regulatory Services Plumbing and Drainage Transport Assessment Environmental Assessment Subdivision Engineering Hydraulics Engineering City Architect Bushfire Management City Assets Landscaping Assessment

Their assessment of the application forms part of this report and comment and/or conditions are outlined below.

Internal Referrals

Comments and/or conditions

Health and Regulatory Services

Conditions relating to the following were recommended: Acoustic management, including and construction in accordance with

approved acoustic report. Construction of an acoustic barrier fence. delivery and pickup hours. hours of operation. Bulk bins – storage point.

Transport Assessment

This aspect of the proposal is discussed within the context of this report.

Subdivision Engineering

Conditions relating to the following were recommended: Electricity and telecommunications supply to the development.

City Architect The City Architect’s office has reviewed the proposal and advises that the development has an appropriate degree of building articulation, residential scale and character that will fit in with the existing area.


22 Adopted Report


City Assets Conditions relating to the following were recommended: Construction of a vehicular crossing. Removal of redundant crossing. Reconstruction of kerb and channel / footpath. Removal of redundant stormwater kerb adaptors / service pits. Connection to, alteration or realignment of Council infrastructure.

Plumbing and Drainage

Conditions relating to the following were recommended:

Compliance permit for on-site sewerage works required. Submission of report from a registered soil evaluator demonstrating

that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and Queensland Plumbing and Wastewater Code.

Environmental Assessment


Covenant Area – rehabilitation, prohibited activities, management and covenant.

On-site effluent disposal – effluent report and standards to be complied with.

Vegetation Management plan.

Hydraulics Engineering


The site’s hydraulics condition. Alteration of overland flowpaths. Compliance with the submitted stormwater management plan and

certification of performance of the treatment train. Monitoring and maintenance of the Stormwater 360 proprietary

devices. Maintenance of bio-retention basin. Stormwater headwalls, outlets and associated flow paths. Erosion and sediment control.

Bushfire Management


Works to be undertaken in accordance with submitted bushfire management plan.

Landscaping Assessment


Submission of detailed landscaping plans for approval. Site frontage fence requirements.

8.2 External Referrals Not Applicable

8.3 Public Notification The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.


23 Adopted Report


In response to advertising, thirty five (35) “Properly Made”, including a submission with 130 signatures and Eighteen (18) “Not Properly Made” objecting submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Concern that the increased traffic volumes will make it difficult to get out of Hammond Drive. The existing intersections are dangerous and that the proposed turning area will not solve the problem. In addition the proposal removes the current right turn option available at the Smith Street Street/ Hammond Drive (west) intersection.

It is acknowledged that the introduction of a Child care centre on the site will result in an increase in traffic volume on Hammond Drive, in particular during the morning drop-off and afternoon pick-up times. The existing traffic intersection by the subject site allows for a left and right turn for vehicles exiting Hammond Drive. In order to address the increased traffic flow and minimise traffic flow conflict issues the applicant has proposed to alter the existing intersection to a left-in, left-out setup. In addition, it is proposed to allow for u-turns at the Smith Street/ Banyula Drive intersection. Whilst the right turn removal will create an inconvenience for residents, it is considered that by restricting a right-turn this will improve safety at this intersection in the long-term. The review undertaken by Council’s Transport Assessment Section notes that as background traffic volumes increase on Smith Street, delays will increase for drivers turning right out of Hammond Drive irrespective of the proposed development. When drivers face lengthy delays, they often choose smaller gaps in the traffic flow out of frustration which can lead to vehicle collisions. The proposal presented by the applicant will resolve these existing safety concerns and will provide a safe alternative to head west on Smith Street from Hammond Drive until such time as this section of Smith Street is upgraded.

Concern that the increased noise pollution (cars and children) will impact upon the peace and amenity of residents.

In order to address the noise impact generated by the proposed Child care centre, the applicant has submitted an acoustic report which has recommended the following measures to mitigate noise emissions: Restriction on hours of operation from 6:30am to

6:30pm; Children play activity prior to 7am be restricted to

inside the centre; When active pursuits (eg: dance) are undertaken

within the northern activity rooms, windows and doors are to be closed.

The outdoor play area to the northern and western side of the building are to be limited to only toddlers and babies;

No elevated play equipment be located in the toddlers and babies play area.

Waste collection be limited between 7am and 6pm.


24 Adopted Report


Construction of acoustic barriers (between 1.8m to 2.8m) along the northern boundary.

Driveway and carpark areas be finished with surface coatings which prevent tyre squeal;

Drainage grating over trafficable areas be well secured to prevent rattling; and

Restriction to the location and design of mechanical plants.

This report has been reviewed and accepted by Council’s Environmental Health Officer with recommended conditions of approval provided requiring the construction of the Child care centre in accordance with the measures outlined within the acoustic report. In respect to vehicular noise generated this will be a limited duration, restricted to start and finish times of the proposed centre. In order to reduce the flow of traffic along Hammond Drive, the applicant has proposed a u-turn at the Smith Street/ Banyula Drive lights which provides an alternate method of returning to Pacific Pines assisting in reducing traffic flow along Hammond Drive, thus reducing vehicle movement noise.

Concern regarding the establishment of the Child care centre in an area that is already well serviced. It is requested that the facility be located in an area where there is a demand for such a facility.

The applicant has submitted a “Needs Assessment” as part of the application to demonstrate that there is a demand for Child care centres. The submitted report based upon the Australian Bureau of Statistics (2013 Census records) identifies a population growth in the Pacific Pines area and growth in the number of children in the 0-4 year old category. The report indicates that there is a deficit of Child care centres in the Pacific Pines area which would lead to residents looking for care in the surrounding areas eg: Nerang and Arundel. In relation to the locality it is noted that the location was chosen on the basis as it allowed for parents living in Pacific Pines to be able to drop-off and pick-up children driving to and from work along Smith Street.

Objection to the proposed facility as it is considered that the area is zoned for residential, not commercial uses.

A review of the City Plan provisions highlights that the Purpose Statement 6.2.21.2(a)(iv) of the Rural residential zone contemplates the establishment of a Child care centre within the zone where it does not compromise the amenity and character of the zone and local area. This aspect of the proposal has been considered within the assessment of the application as detailed in this report. It is considered that the scale and operational aspect of the centre are such that it will not compromise the character of the area which will still remain predominantly residential.


25 Adopted Report


Furthermore, it is noted that Child care centres are an activity associated with areas of residential development in order to service the growing population, in this case the Pacific Pines catchment.

Concern regarding the impact of the development on the amenity and privacy of the adjoining residential property.

In order to ensure the proposed Child care centre does not impact upon the amenity of the adjoining site at 34 Hammond Drive the applicant has submitted an acoustic report which outlines measures to ensure the amenity of the adjoining property is not adversely impacted. The submitted acoustic report, including measures to avoid adverse noise effects has been reviewed and accepted by Council’s Environmental Health Officer. Furthermore it is noted that the subject site is on a slightly lower ground to the adjoining site at 34 Hammond Drive. The proposed Child care centre is a single storey building and it is considered any outlook from the centre will not impact upon the privacy of the adjoining site. It is noted that the submitted acoustic report recommends that no elevated play equipment be located along the northern boundary, ensuring that children are unable to overlook into the neighbouring site.

The removal of vegetation will impact upon wildlife habitat.

It is acknowledged that in order to establish the Child care centre, some vegetation to the rear of the site will need to be cleared to facilitate the development. This aspect of the proposal has been reviewed by Council’s Environmental Planner. The review of the application, including the submitted Environmental Assessment Report concludes that the proposed development retains and protects the vast majority of Koala food trees on the site in association with the waterway. Recommended conditions have been provided in respect to a covenant area being established to ensure the future preservation of trees to the rear of the site. In addition, it is noted that as part of the proposed landscaping, the applicant will undertake replacement tree planting on the site. These measures will ensure any loss of vegetation that occurs is adequately mitigated and does not impact upon the wildlife habitat.

The proposal will result in increased litter.

The proposed development provides an on-site waste bin storage area for disposal of waste generated. It is considered that the development will not result in increased littering in the area.

Concern regarding how the effluent will be treated as there is no sewerage connection in the area.

Whilst it is acknowledged that the area is not connected to the City's sewerage system the applicant has submitted an on-site effluent treatment report to demonstrate that the proposed facility sewerage


26 Adopted Report


treatment can be adequately treated on-site. The report has been reviewed and accepted by Council's Plumbing and Drainage and Environmental Assessment Officers with recommended conditions provided in relation to the on-site sewerage works should the proposal be approved.

Concern that the proposal will bring unsavoury characters to the area.

It is considered that the assessment of this aspect of the development is outside the scope of the City Plan.

The proposed development will decrease property values.

It is considered that this matter is outside the scope of the City Plan assessment requirements.

9 CONCLUSION It is considered that the proposal to establish a Child care centre on the site is consistent with the outcomes sought within the Rural residential zone and performance outcomes of the applicable codes. The scale and intensity of the development has been designed so as not to have an adverse impact upon the surrounding residential area, with adequate measures and alternates solutions provided to address traffic and amenity issues arising from the operation of the centre. The built form is low rise, maintains a low site cover and preserves the natural landscape values of the bushland environment where possible.

All aspects of submissions received have been taken into account, and where possible, conditions have been recommended to address concerns raised. Following an assessment of the proposal, it is recommended that the development be approved subject to reasonable and relevant conditions.

10 NOTIFICATIONS Bushfire Management There are development approval conditions applicable in relation to bushfire management on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

12 RECOMMENDATION It is recommended that Council resolves as follows:

Real property description Lot 85 on RP213033 Address of property 36 Hammond Drive Gaven Area of property 5415m2 Decision type Development Permit for Child care centre


27 Adopted Report


Further development permits Building Permit, Plumbing & Drainage, Operational Works

Further compliance permits Compliance permit for sewerage works, Compliance permit for water supply.

Compliance assessment required for documents or works

Compliance assessment of covenant management plan

NATURE OF DECISION

A Council approves the issue of a Development permit for Material Change of Use for Child care centre, subject to the following conditions:

APPROVED DRAWINGS

Amended plans/drawings to be submitted 1

Amended plans/drawings must be submitted generally in accordance with: a

Plan No. Rev. Title Date Prepared by 15200 L Proposed Site Plan 6/22/2016 Cyber 15200

L Proposed Floor Plan 6/22/2016 Cyber

15200 L Elevations 6/22/2016 Cyber P2438.001 Version

001 Left-in/Left-out Concept Design 07/03/2016 Bitzios

Consulting showing the following amendments: A minimum 1.2 metre wide raised concrete centre median island in Smith i

Street across Hammond Drive (West) and extending at least 10 metres either side of the intersection to prevent right turns at the intersection. Existing travel lane and bicycle lane widths must be maintained on Smith Street through the intersection in both directions.

The amended plans/drawings are to be submitted to Council for approval by the bChief Executive Officer prior to: Issue of a development permit for the carrying out of building work. i

The amended plans/drawings, when approved by the Chief Executive Officer, will cbe 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.

Decision notice and approved plans/drawings to be 2submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application or operational works application relating to or arising from this development approval.

Timing As indicated within the wording of the condition.

Notice of works timetable 3

The applicant must give Council written notice of the following:

Timing After successful completion of any pre-


28 Adopted Report


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

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

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site.

Resolution of conflict between conditions and plans 4

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

Timing At all times.

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

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

AMENITY

Location of equipment and ventilation/refrigeration units 6All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.

Timing At all times once the use has commenced.


29 Adopted Report


No nuisance from lighting 7All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.


Acoustics – design and construction 8The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report titled Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3. 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.

Acoustic compliance report 9

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.

Acoustic barrier 101.8-2.8 metre high acoustic barriers must be designed and constructed in accordance with the recommendation detailed in Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3.

Delivery and collection hours 11

Delivery and collection activities (excluding waste collection vehicles) must be conducted between the hours of 7am to 6pm daily.

Hours of operation 12

The activity is permitted to be undertaken on Monday to Friday between the hours of 6.30am to 6.30pm only, with the exception of outdoor children’s play areas to be restricted to between the hours of 7am to 6.30pm.

Child care centre operation 13

(a) The outdoor play area to the northern and western side of the Child care centre as identified in Sketch 2 of the submitted Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3 shall be limited to use only by toddlers and babies.

Timing Prior to Building Approval

Prior to occupation

Prior to commencement of use

At all times

At all times

At all times


30 Adopted Report


(b) No elevated play equipment shall be located in the toddlers and babies play area.

(c) When active pursuits (eg: dance) are undertaken in the northern activity rooms (Pre-kindy, Toddler and Nursery rooms) windows of these rooms shall be closed.

Bulk bins – storage point 14

The bulk bin storage point must be located in accordance with the RCV Swept Path plan prepared by Bitzios Consulting dated 29/3/16 (Reference No. P2438). The design and construction of all storage points must comply with the following requirements:

Located at least five (5) metres from any door, window aor fresh air intake within the development or any adjoining site

Allow for at least an additional 0.5 metre clearance bsurrounding each container, or for the storage of multiple bins – one metre clearance around the combined bin area (whichever is the lesser).

Sufficiently screened to ensure bins are not visible from ca public place or sensitive land use

Constructed hardstand area with a solid concrete base dor acceptable equivalent

Roofed and designed to prevent entry to rainwater e Graded to fall to a drainage point within the storage f

point Drainage point to be connected to sewer in accordance g

with trade waste requirements Provided with a hosecock for cleaning the bins h

Staff and Children Numbers 15The operation of the Child Care Centre shall be restricted to the following: a. The facility will be restricted to a maximum of 85

children. b. The staff number shall be restricted to a maximum of

15.


LANDSCAPE WORKS ON PRIVATE LAND

Detailed landscape plan to be submitted for approval 16

The applicant must submit to Council for approval a adetailed landscape plan, by making a development application for operational work (landscape work).

Without limiting the requirements of the City Plan’s bLandscape Work Code, the detailed landscape plan must: Be prepared by a qualified landscape architect or i

similar landscape design professional; Be in general accordance with the Statement of ii

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification.


31 Adopted Report


Landscape Intent, being plan no 1603-LCP1, rev no E, title LANDSCAPE CONCEPT PLAN, date March 16, prepared by Mark Baldock Landscape Architect;

Reflect the approved layout (including any iiiamendments to that layout required by these conditions) and the conditions of this approval;

Comply with City Plan Policy – Landscape Work ; ivand

Demonstrate compliance with the following: vA Entry tree species must be evergreen

canopy trees with a minimum bag size of 100 litre at the time of planting;

B All other proposed tree species must be evergreen canopy trees with a minimum bag size of 45 litre at the time of planting;

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

D Screening shrubs must be planted along the northern boundary adjoining Outdoor Playspace 2.

E Screening shrubs must be planted within the area at the rear of proposed centre to the rock wall;

F Screening shrub species must be a minimum 300mm pot size at the time of planting;

G All other shrub species must be a minimum 200mm pot size at the time of planting; and

H The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in City Plan Policy – Land Development Guidelines.

Frontage Fencing 17

Any frontage fencing for this development must comply with one of, or a combination of, the following:

The fence is not forward of the building line; or a



32 Adopted Report


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

The fence includes articulations measuring minimum c600mm x 600mm x 50% of the frontage fence length and screen shrub plantings are included within the articulations; or

The fence is of pool type or similar and screen shrub dplantings are included immediately internal to the fence to provide privacy.

BUSHFIRE MANAGEMENT

Bushfire management plan must be complied with 18

a. All development carried out must be in accordance with the approved bushfire management plan (BMP) being Bushfire Management Plan for Lot 85 on RP213033 Hammond Drive Childcare Centre at 36 Hammond Drive Gaven, PN153424/01/DA1, dated 16/06/2016 prepared by Bushfire Risk Reducers Pty Ltd and inclusive of the Queensland Fire and Emergency Services (QFES) cover sheet.

b. All measures required by the approved BMP and QFES cover sheet must be implemented prior to the commencement of the use of the premises.

c. The approved BMP and QFES cover sheet must be complied with at all times for the life of the development and the use of the premises.


Water supply requirements for fire fighting 19

a. The development must be connected to a reticulated water supply that has been designed and constructed in accordance with the South East Queensland (SEQ) Water Supply and Sewerage Design and Construction Code for water supply.

b. All fire hydrants must be designed and installed in accordance with AS 2419 – Fire Hydrant Installations – System design, installation and commissioning; South East Queensland Water Supply and Sewerage Design and Construction Code or unless otherwise specified by the relevant water entity and must be easily accessible by fire fighters at all times and without obstructions.

Timing Prior to the approval for any Development Permit of Material Change of Use (Building Works) or endorsement of survey plan, whichever is earlier and then maintained at all times for the life of the development.

Compliance with the recommendations 20

All recommendations in response to the bushfire management plan (BMP) inclusive of the Queensland Fire and Emergency Services (QFES) cover sheet must be considered as a requirement and conditions of approval for this application unless otherwise stated in writing by the

Timing At all times for the life of the development and the use of the premises.


33 Adopted Report


Council. Where there is a conflict, the recommendations listed within the BMP apply.

COVENANT AREA – REHABILITATION , PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT

Covenant Area – prohibited activities 21

The area described as ‘covenant area’ on’ Waterway Setback Plan – 36 Hammond Drive, Gaven, Drg No. 15068-1_WS_001, Rev 0, 20.06.16, SW (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken:

Clearing, lopping or removal of any native plants, awhether existing at the date of this approval or planted pursuant to conditions of this approval;

Erection of any fixtures or improvements, including bbuildings or structures;

Construction of any trails or paths; c Depositing of any fill, soil, rock, rubbish, ashes, d

garbage, waste or other material foreign to the protected area;

Keeping or permitting the entry of domestic animals or eany other animals that are not indigenous to the Covenant Area; and

Performance of any other acts which may have fdetrimental impact on the values of the Covenant Area.


Covenant Area – approved management plan to be 22complied with

The Covenant Area must be managed in accordance awith the approved management plan for the Covenant Area (‘Covenant Management Plan’), as depicted on Waterway Setback Plan – 36 Hammond Drive, Gaven, Drg No. 15068-1_WS_001, Rev 0, 20.06.16, SW, for the life of the development and the use of the premises.

The owner must take all reasonable measures to bensure that any person occupying or undertaking any activities within the Covenant Area complies with the Covenant Management Plan.

The Covenant Management Plan may be amended with cthe written agreement of Council but only if the amendment: Is consistent with the purpose of the covenant i

(being the statutory covenant required to be registered pursuant to the conditions of this approval);

Does not alter the covenant area; and ii Does not add or remove a party to the covenant. iii



34 Adopted Report


Preparation of Covenant Area management plan 23

A covenant management plan must be prepared, detailing all rehabilitation, ongoing management measures and monitoring to be undertaken in the Covenant Area for the life of the development and the use of the premises so as to ensure the preservation of the environmental integrity of the Covenant Area. The covenant management plan must include the following information:

Description of the approved development including a aplan showing the location of the covenant areas.

Purpose of the document relating to relevant conditions bof approval.

A description of how the document is to be read, cincluding the purpose of the covenant area and general requirements at each phase of the development (i.e. developer’s and landowners’ responsibilities as covenantor).

Detailed descriptions for the covenant areas including: d Topography; i Waterways, flow paths, gullies; ii Vegetation communities and significant species; iii Fauna habitat and significant species; and iv Other significant features. v

Requirements to be fulfilled by the developer (as ecovenantor) as to the following:

Preparation and inclusion of basic rehabilitation fprovisions (for covenant area) rehabilitation provisions need to be prepared in accordance with: SEQ Ecological Restoration Framework i Conditions of this approval. ii

The rehabilitation provisions must contain the following information (as applicable):

Details of proposed rehabilitation works including iiiproposed species and planting palette.

Planting modules to demonstrate planting ivdensities.

All weeding works required, including a full list of vknown weeds on site and how each weed can be adequately managed.

The required ongoing management/maintenance regimes, including:

Plans indicating maintenance areas; vi Schedules of works including frequency and vii

tasks; Nomination of key performance indicators/criteria viii



35 Adopted Report


for monitoring purposes (eg. All the covenant area being a minimum, 90% weed free);

Defects liability for materials such as replacement ixof dead plant species of equivalent species and vigour;

Management of bushfire hazard (only where xappropriate);

Tree management procedures; and xi Management and control of declared plants and xii

recognised environmental weeds. Prohibited and permitted actions during xiii

construction; Infrastructure requirements (including essential, xiv

unavoidable services, stormwater etc); Establishment and maintenance requirements including activities, timeframes and standards to be achieved prior to being deemed ‘Established’ need to be outlined and align with the following requirements:

The initial works including weeding and planting needs to be carried out prior to the commencement of use.

On – maintenance or the establishment period of 6 months will commence after this has been found to be adequately carried out by Council’s Environmental Planning section and will be deemed ‘Established’ on meeting the approved performance criteria after this period.

Requirements to be fulfilled by landowners (as gcovenantors) as to the following: Purpose of the covenant; i Prohibited and permitted actions/activities; ii Detailed landowner requirements and iii

responsibilities; and Detailed methods relating to maintenance and iv

enhancement of the covenant area, including weed removal methods, revegetation methods and species lists, monitoring requirements and useful resources and contacts.

General information, including: h Duration of requirements / responsibilities; i Information on who to contact for approvals for ii

any activities required that are not permitted within the covenant area;

Baseline data; and iii Checklists for Council (as the covenantee) to iv

assess compliance with the covenant (including remedial actions for non-compliance).


36 Adopted Report


Compliance assessment of covenant management plan 24

The covenant 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: When the request for compliance assessment must be made Before 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 covenant management plan is not an approved plan until a compliance certificate has been issued in respect of it.

Compliance certificate with future operational work 25development applications A copy of the compliance certificate for the covenant management plan must be provided with any future operational work development applications.

Ongoing compliance with the approved covenant 26management plan The management measures and monitoring required by the approved covenant management plan and any conditions imposed on the compliance certificate must be complied with for the life of the development and the use of the premises.

Amendment of the covenant management plan 27

The covenant management plan may be amended with the written agreement of Council but only if the amendment:

Is consistent with the purpose of the covenant (being athe statutory covenant required to be registered pursuant to the conditions of this approval);

Does not alter the covenant area; and b Does not add or remove a party to the covenant. c

Covenant Area – statutory covenant to be registered 28An instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area. The following requirements must be complied with in the preparation and lodgement of the instrument of covenant:

The applicant is responsible for the preparation of the ainstrument of covenant and any necessary subdivision plan to enable registration of the covenant and for lodgement of the covenant for registration.

Timing At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use.


37 Adopted Report


The instrument must be in a form capable of registration bpursuant to section 97A(3)(b) of the Land Title Act 1994.

The Covenant Area must be shown and identified as a c‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’). Council’s standard covenant (Dealing number 711772071) must be used and the applicant must provide a draft of the covenant to Council for written approval.

The parties to the covenant are to be the registered downer of the lot (as covenantor) and the Council (as covenantee).

The instrument must include a purpose statement that earticulates: That the covenantor acknowledges that the i

Covenant Area contains native plants and habitat for native animals that should be preserved;

That the covenant is aimed at directly preserving iithose features; and

That to ensure the Covenant Area and its values iiiare preserved, it is critical that activities within the Covenant Area are limited and managed to ensure native plants, animals , their habitat and values are preserved.

The instrument must expressly set out, in full, as fobligations of the covenantor each of the individual requirements set out in Condition 21 and Condition 22.

If the instrument is requisitioned or refused registration gby the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval.

The applicant must provide Council with evidence of the hregistration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Area.

Covenant area – digital information 29

The applicant must submit a compact disc to Council containing electronic ‘pdf’ and Autocad ‘.dwg’ OR ESRI compliant shape file depicting the survey plan area. The following requirements must be complied with in the preparation and lodgement of the digital data:

The applicant is responsible for preparation of the acompact disc;

Timing The compact disc must be submitted to Council to be assessed and approved in conjunction with the endorsement of survey plans.


38 Adopted Report


Files must clearly identify the location of the covenant barea; and

The Autocad ‘dwg’ file must use mga 94 horizontal ccoordinates / OR GDA 1994 MGA zone 56.

ON-SITE EFFLUENT DISPOSAL

Effluent report and standards to be complied with 30

a. The location and manner of on-site effluent disposal must be carried out in accordance with the approved effluent report - plan / drawing, being Onsite and Soil Evaluation for Effluent Disposal, Country-Wide Water Pty Ltd, File No. CWW:437.16 Issue 1, 27 May 2016). Applications for approval of on-site sewerage work must be consistent with the approved plan/drawing.

b. On-site effluent disposal must be carried out in accordance with the approved plan / drawing.


VEGETATION MANAGEMENT

Vegetation management plan to be submitted for 31approval a The applicant must submit a vegetation management

plan (‘VMP’) to Council for approval. No clearing of any Assessable Vegetation can occur until a development permit for operational work (vegetation clearing) is secured.

For this condition ‘Assessable Vegetation’ is defined as vegetation that is: greater than four metres in height; equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.4 metres above average ground level irrespective of zone;

remnant vegetation and its native under-storey as identified on the Vegetation Management Overlay Map; or

disturbed/re-growth/wetland vegetation and its native under-storey as identified on the Vegetation Management Overlay Map.

b The VMP must be prepared by a suitably qualified professional and include all the following information: The following particulars (including drawings) of i

the land: A The real property description and street

address; B A site analysis plan; C Scale and north point; and

Timing Prior to the commencement of any operational works for vegetation clearing.


39 Adopted Report


D Location of existing and approved buildings, structures, services and roads.

The following particulars of Protected Vegetation iion and adjacent to the site: A Location of the Protected Vegetation,

indicating which vegetation is proposed to be retained, relocated, removed or damaged; and

B Particulars of vegetation type, including species name, common name, height and girth, radial distance of canopy and root zone.

The location (to be accurately mapped) of any iiivegetation on and adjacent to the site that is: A ‘protected vegetation’ under the Nature

Conservation Act 1992 (Qld); B a ‘listed threatened species’ under the

Environment Protection and Biodiversity Conservation Act 1999 (Cth); or

C ‘remnant vegetation’ mapped under the Vegetation Management Act 1999 (Qld).

The following information in relation to proposed ivvegetation management: A Particulars of how the vegetation is

proposed to be damaged; B A statement of the reasons why the damage

is necessary and any relevant factors associated with the purpose of the proposed damage;

C Details of how fauna will be managed during vegetation clearing;

D Details of location, size and species of replacement vegetation to compensate for the loss of damaged vegetation;

E Details of all proposed buildings, site access and services;

F Details of strategies and methods to be implemented to protect vegetation to be retained, relocated or pruned from damage, and how site works will be managed to ensure the same;

G Methods for the reuse of felled vegetation from the subject site;

H Disposal methods for remaining debris after the above methods have been employed;

I Details of any proposed rehabilitation to be undertaken;

J Treatment of surfaces adjacent to any vegetation to be retained on site (eg. grassing, bitumen paving and the like); and


40 Adopted Report


K For any vegetation to be retained adjacent to hardstand areas or structures, an appraisal prepared by a suitably qualified horticulturalist/arborist of the health and vigour of the subject vegetation including stage of growth, predicted gross morphology, crown framework and extent of root system.

L Construction method for acoustic fencing not to include strip footing. Must be post and suspended beam type fence.

ROADS

Roadworks: Smith Street / Hammond Drive (West) 32

The applicant shall design and construct a left-in/left-out treatment generally in accordance with the approved Bitzios Consulting Drawing No. P2438.001 ‘Left-in/Left-out Concept Design’ referred to in Condition (1). The applicant must apply for and obtain an operational works permit for the construction of these works. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing Prior to the commencement of the use.

Smith Street / Banyula Drive traffic signals 33

The applicant must pay a $10,000 contribution to the City to allow for modifications to the traffic signals at the intersection of Smith Street / Banyula Drive to allow U-turns from Smith Street eastbound to westbound. The contribution is to meet the cost for signage, removal of a left turn aspect, reconfiguring the traffic controller and traffic control.

Timing Payment must be paid prior to the commencement of the use.

CAR PARKING AND ACCESS

Off street car parking facilities 34

Off-street car parking facilities must be designed, aconstructed and maintained in accordance with AS2890.1 and AS2890.6 (latest versions).

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

A minimum combined total of 33 off-street car parking cspaces must be provided for on-site, including at least 15 spaces for staff, 17 spaces for visitors and 1 van loading bay.

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

Driveway and carpark areas shall be finished with esurface coatings which prevent tyre squeal.

Drainage grating over trafficable areas shall be secured fto prevent rattling.

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


41 Adopted Report


Tandem car parking spaces 35

Tandem car parking spaces must be allocated to staff only. Timing At all times.

Freely accessible car parking 36

Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.


Bicycle parking 37

Bicycle parking facilities must be provided and amaintained in accordance with: A minimum of 2 x Class 3 bicycle parking spaces i

for visitors must be provided on-site; A minimum of 2 x Class 2 bicycle parking spaces ii

for staff must be provided on-site; and AS2890.3. iii

The bicycle parking spaces are to: b Enable wheels and frame to be located to the i

device without damaging the bicycle; Be located outside pedestrian movement paths; ii Be accessible from the road; iii Be arranged so that parking and unparking iv

manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles v

and opening car doors; Be as close as possible to the cyclists ultimate vi

destination; Be well lit by appropriate existing or new lighting; vii

and


Signs and line marking 38

In addition to signs and line marking required by AS2890.1, the following must be installed and maintained:

Signs and line marking to identify persons with adisabilities parking (AS2890.6).

Staff and visitor parking must be clearly identifiable bthrough the provision of signage denoting “Staff Parking” and “Visitor Parking”.

The van loading bay must be clearly identifiable cthrough the provision of signage denoting “Loading Bay”.


Loading and unloading 39

Loading and unloading of a vehicle servicing a adevelopment must be conducted wholly within the site.

A vehicle or vehicles waiting to be loaded or unloaded bmust stand entirely within the site.



42 Adopted Report


All vehicles must enter and exit the site in a forward cgear.

Sight lines to pedestrians 40

Where the driveway meets the property boundary to Hammond Drive, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.


VEHICULAR CROSSINGS AND DRIVEWAYS

Vehicular crossings 41

A vehicular crossing (driveway entry within the road areserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: 05-02-301 Vehicular crossing industrial, i

commercial and multi-unit residential. The applicant must apply for and obtain a licence from b

Council for the construction of the vehicular crossing/s. The vehicular crossing/s must be constructed to the c

satisfaction of the Chief Executive Officer.

Timing Prior to commencement of the use on the site.

Redundant vehicular crossings 42

All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with City Plan Policy SC6.9 – Land Development Guidelines. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.


ROAD RESERVE ALTERATIONS/RECONSTRUCTION

Reconstruction of kerb and channel / footpath 43

Where kerb and channel / footpath is removed or adamaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Hammond Drive to meet the requirements of City Plan Policy SC6.9 – Land Development Guidelines, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

The reconstruction of any service pits or infrastructure bnecessary to achieve the requirements of City Plan Policy SC6.9 – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

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


43 Adopted Report


Removal of redundant stormwater kerb adaptors / 44service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).


ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

Connection to, alteration or realignment of Council 45infrastructure a The applicant must, in respect of any connection to,

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

Plan Policy SC6.9 – Land Development Guidelines;

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

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

iv Submit ‘As Constructed’ data in accordance with City Plan Policy SC6.9 – Land Development Guidelines.

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

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

Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.


44 Adopted Report


ELECTRICAL RETICULATION

Electricity supply to MCU developments and private 46estates

The applicant must submit to Council a copy of the a‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site).

Where the electricity supply in the street that provides baccess to the site is underground then supply to the site and proposed lots / dwellings within the site must also be underground.

c In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.

Telecommunications – MCU 47

The applicant must: Provide underground telecommunications to the subject a

building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

If new pit and pipe infrastructure is required to be binstalled within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

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

Timing Prior to commencement of the use.

HYDRAULICS

No worsening of hydraulic conditions 48

The development must be designed and constructed so as to result in:

No increase in peak flow rates downstream from the asite;

No increase in flood levels external to the site; and b No increase in duration of inundation external to the site c

that could cause loss or damage.


Alteration of overland flow paths 49

Overland flow paths on the site must not be altered in a away that inhibits or alters the characteristics of existing



45 Adopted Report


overland flows on other properties or that creates an increase in flood damage on other properties.

The development must not obstruct any existing boverland flow coming on to the site from external catchment and must properly manage that flow to ensure no adverse impact externally. Fence, if installed, along the northern boundary must be designed with provision to allow such overland flow across the fence.

STORMWATER AND WATER QUALITY

Stormwater management plan to be complied with 50

The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Erosion and Sediment Control and Site Based Stormwater Management Plan for Proposed Child Care Centre at 36 Hammond Drive, Gaven Lot 85 on RP 213033” prepared by Cozens Regan Group Pty Ltd dated 24 March 2016.

Information note:

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted prior to the commencement of the use of the premises.

Certification of performance of the treatment train 51

The applicant must provide a certification signed by the qualified professional (RPEQ or equivalent) who has prepared or endorsed the stormwater management report by confirming the following:

The proposed treatment train including the proprietary adevice will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

The signing person must acknowledge that he/she is baware that the Council of the City of Gold Coast relies upon his/her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on-site.

Monitoring of the Stormwater 360 proprietary devices 52

The legal entity of the development must carry out monitoring of the performance of the stormwater360 proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional



46 Adopted Report


(RPEQ or equivalent) specialised in stormwater and must be submitted to Council for record keeping purposes. Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

Maintenance of Stormwater360 proprietary devices 53

Prior to commencement of the use of the premises, a asite-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following: The MMP must include all associated cost related i

to the device (e.g., installation, inspection and replacement/maintenance, reporting, health and safety plans, training, area of land required to install the device etc);

The MMP must include the lifecycle cost of the iiproposed treatment devices;

The legal entity of the development must enter into a blong-term maintenance agreement with the proprietor (Stormwater360) or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises;

The legal entity of the development must submit to cCouncil certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed.

The legal entity of the development must be responsible dfor monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council.

In case of failure to achieve the designed pollutant load ereduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.



47 Adopted Report


Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994.

Maintenance of bio-retention basin 54

All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-retention) must be undertaken in accordance with approved stormwater management plan and the City Plan Policy - Land Development guidelines, and managed by the legal entity of the development, at no cost to Council.


Stormwater headwalls, outlets and associated flow paths 55

All stormwater headwalls/outlets and associated flow paths must be: Treated in a manner appropriate to their proposed i

landscaped surrounds; and Constructed in accordance with City Plan Policy - ii

Land Development Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration.

The aprons in front of stormwater headwalls must be bconstructed to ensure no under-scouring can occur.

The areas of cut surrounding the headwalls must be csufficiently stabilised to ensure that no erosion or destabilisation occurs.


EROSION AND SEDIMENT CONTROL

Erosion and sediment control 56

Erosion, sediment and dust control measures must be aimplemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

The following inspection program must be carried out ebefore the site is fully rehabilitated:

Timing During construction/building works.


48 Adopted Report


Regular inspections to ensure that adequate ierosion control measures are in place and in good condition both during and after construction; and

Inspections after each storm event to assess the iiadequacy 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.

CONSTRUCTION MANAGEMENT

Construction management plan 57

Part A Construction Management Requirements The construction management plan must be submitted a

in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

The construction management plan must address all bactivities associated with construction (excluding noise and dust issues), including but not limited to: Vehicle access (including responsibility for i

maintenance of the defined cartage route) during hours of construction;

Traffic management (including loading and iiunloading);

Parking of vehicles (including on site employees iiiand delivery vehicles);

Maintenance of safe pedestrian movement across ivthe site’s frontage/s (including by people with disabilities);

Building waste / refuse disposal; v Presentation of hoarding to the street; vi Tree management. vii

The construction management plan must demonstrate cthat: the general public will be adequately protected i

from construction activities; the building site will be kept clean and tidy to ii

maintain public safety and amenity; and demand for occupation of the street and iii

protection of Council assets will be well managed. The approved construction management plan must be d

complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply.

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

The approved construction management plan must be complied with and kept on-site at all times during construction works.


49 Adopted Report


Where it is proposed to interfere with a road for any ebuilding or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

Where it is required to interfere with a road for any fbuilding or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

Where it is required to occupy any portion of the road greserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

Noise management 58

Noise from construction activities must not cause an a‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

When requested by Council, monitoring must be bundertaken to investigate any complaint of environmental nuisance caused by noise.

The monitoring must be carried out: c by a suitably qualified acoustic engineer; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, iii

part 3 of the Environmental Protection Regulation 2008; and

within 5 business days of receipt of the request ivfrom Council.

The data and monitoring results must be provided to dCouncil within 3 business days of completion of the monitoring.

If the acoustic quality objectives stated in schedule 1, ecolumn 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

The noise management plan must: f be prepared by a suitably qualified acoustic i

engineer;



50 Adopted Report


provide details of noise sources; ii identify the measures and work practices that will iii

be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

identify the procedures to be adopted for ivmonitoring of noise emissions;

provide details of complaint response procedures vthat will be adopted;

identify the procedures to be adopted for revision viand review of the noise management plan.

The approved noise management plan must be gcomplied with and kept on-site at all times.

Dust management 59

The release of dust and particulate matter from aconstruction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

When requested by Council, monitoring must be bundertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

The monitoring must be carried out: c by a suitably qualified professional; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, iii

part 3 of the Environmental Protection Regulation 2008; and

within 5 business days of receipt of the request ivfrom Council.

The data and monitoring results must be provided to dCouncil within 3 business days of completion of the monitoring.

If the air quality objectives stated in schedule 1, column e3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

The dust management plan must: f be prepared by a suitably qualified professional; i



51 Adopted Report


provide details of sources of dust and particulate iiemissions;

identify the measures and work practices that will iiibe implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

identify the procedures to be adopted for ivmonitoring and reporting of air emissions;

provide details of complaint response procedures vthat will be adopted; and

identify the procedures to be adopted for revision viand review of the dust management plan.

The approved dust management plan must be complied gwith and kept on-site at all times.

Transport of soil/fill/excavated material 60

During the transportation of soil and other fill/excavated material:

All trucks hauling soil, or fill/excavated material must ahave their loads secure and covered;

Any spillage that falls from the trucks or their wheels bmust be collected and removed from the site and streets along which the trucks travel, on a daily basis; and

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

Timing At all times while works are occurring.

Workplace health and safety 61

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


Public safety to be ensured 62

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



52 Adopted Report


PLUMBING AND DRAINAGE

Application for compliance permit for on-site sewerage 63works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable on site sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage aworks within the property;

comply with Council’s: b Trade Waste Guidelines i

comply with Council’s Waste Management guidelines for cnew developments (2011).

Information note:

On-site 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.

Without limiting the definition of ‘on-site sewerage work’ in the Plumbing and Drainage Act 2002, such work includes building or installing an on-site sewerage facility, which is a facility for:

treating on the premises, sewage generated on the premises and disposing of the resulting effluent on part of the premises (a ‘land application area’) or off the premises by common effluent drainage or by collection from a tank on the premises; or

storing on the premises sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

This includes a chemical, composting or incinerating toilet.

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

Report from registered soil evaluator to be submitted 64

In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and Queensland Plumbing and Wastewater Code. Information note:

Further information will be required at the time of lodgement of the Plumbing and Drainage application, specifically the design of the pump station / balancing



53 Adopted Report


tank.

The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to:

arranging servicing of the facility by a service contractor;

periodic inspections, monitoring and maintenance; and

inspections which may be carried out from time to time by Council’s authorised persons.

Application for compliance permit for water supply 65plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water aservices within the property; and

comply with Section 5.2 of Council’s City Plan Policy bInformation note:

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

Timing Prior to works occurring.

Application for compliance permit for fire services 66plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


ADVISORY NOTES TO APPLICANT

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


54 Adopted Report


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

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


55 Adopted Report


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.


56 Adopted Report


Author: Authorised by:

Shailendra Singh Dyan Currie Planning Officer Director Planning and Environment


57 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1 MOTION moved Cr Gates seconded Cr Caldwell Real property description Lot 85 on RP213033 Address of property 36 Hammond Drive Gaven Area of property 5415m2 Decision type Development Permit for Child care centre Further development permits Building Permit, Plumbing & Drainage,

Operational Works Further compliance permits Compliance permit for sewerage works,

Compliance permit for water supply. Compliance assessment required for documents or works

Compliance assessment of covenant management plan

NATURE OF DECISION

A Council approves the issue of a Development permit for Material Change of Use for Child care centre, subject to the following conditions:

APPROVED DRAWINGS

1 Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with:

Plan No. Rev. Title Date Prepared by 15200 L Proposed Site Plan 6/22/2016 Cyber 15200

L Proposed Floor Plan 6/22/2016 Cyber

15200 L Elevations 6/22/2016 Cyber P2438.001 Version

001 Left-in/Left-out Concept Design

07/03/2016 Bitzios Consulting

showing the following amendments: i A minimum 1.2 metre wide raised concrete centre median island in

Smith Street across Hammond Drive (West) and extending at least 10 metres either side of the intersection to prevent right turns at the intersection. Existing travel lane and bicycle lane widths must be maintained on Smith Street through the intersection in both directions.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Issue of a development permit for the carrying out of building work.

c The amended plans/drawings, when approved by the Chief Executive Officer, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings.


58 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1 2 Decision notice and approved plans/drawings to be

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


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

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

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site.

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


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

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


59 Adopted Report


different fields, a certification is required from a suitability qualified professional for each separate field.

period or the commencement of the use.

AMENITY

6 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.

Timing At all times once the use has commenced.

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


8 Acoustics – design and construction The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report titled Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3. 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.

9 Acoustic compliance report 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.

10 Acoustic barrier 1.8-2.8 metre high acoustic barriers must be designed and constructed in accordance with the recommendation detailed in Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3.

11 Delivery and collection hours Delivery and collection activities (excluding waste collection vehicles) must be conducted between the hours of 7am to 6pm daily.

Timing Prior to Building Approval Prior to occupation Prior to commencement of use


60 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1 12 Hours of operation

The activity is permitted to be undertaken on Monday to Friday between the hours of 6.30am to 6.30pm only, with the exception of outdoor children’s play areas to be restricted to between the hours of 7am to 6.30pm.

13 Child care centre operation (a) The outdoor play area to the northern and western

side of the Child care centre as identified in Sketch 2 of the submitted Environmental Noise Impact Assessment prepared by CRG Acoustics dated 29 March 2016, reference no. 15208 report rev 3 shall be limited to use only by toddlers and babies.

(b) No elevated play equipment shall be located in the toddlers and babies play area.

(c) When active pursuits (eg: dance) are undertaken in the northern activity rooms (Pre-kindy, Toddler and Nursery rooms) windows of these rooms shall be closed.

14 Bulk bins – storage point The bulk bin storage point must be located in accordance with the RCV Swept Path plan prepared by Bitzios Consulting dated 29/3/16 (Reference No. P2438). The design and construction of all storage points must comply with the following requirements: a Located at least five (5) metres from any door,

window or fresh air intake within the development or any adjoining site

b Allow for at least an additional 0.5 metre clearance surrounding each container, or for the storage of multiple bins – one metre clearance around the combined bin area (whichever is the lesser).

c Sufficiently screened to ensure bins are not visible from a public place or sensitive land use

d Constructed hardstand area with a solid concrete base or acceptable equivalent

e Roofed and designed to prevent entry to rainwater f Graded to fall to a drainage point within the storage

point g Drainage point to be connected to sewer in

accordance with trade waste requirements h Provided with a hosecock for cleaning the bins

At all times At all times At all times

15 Staff and Children Numbers The operation of the Child Care Centre shall be restricted to the following: a. The facility will be restricted to a maximum of 85

children. b. The staff number shall be restricted to a maximum of

15.



61 Adopted Report


LANDSCAPE WORKS ON PRIVATE LAND

16 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval a

detailed landscape plan, by making a development application for operational work (landscape work).

b Without limiting the requirements of the City Plan’s Landscape Work Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect

or similar landscape design professional; ii Be in general accordance with the Statement

of Landscape Intent, being plan no 1603-LCP1, rev no E, title LANDSCAPE CONCEPT PLAN, date March 16, prepared by Mark Baldock Landscape Architect;

iii Reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval;

iv Comply with City Plan Policy – Landscape Work ; and

v Demonstrate compliance with the following: A Entry tree species must be evergreen

canopy trees with a minimum bag size of 100 litre at the time of planting;

B All other proposed tree species must be evergreen canopy trees with a minimum bag size of 45 litre at the time of planting;

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

D Screening shrubs must be planted along the northern boundary adjoining Outdoor Playspace 2.

E Screening shrubs must be planted within the area at the rear of proposed centre to the rock wall;

F Screening shrub species must be a minimum 300mm pot size at the time of planting;

G All other shrub species must be a minimum 200mm pot size at the time of planting; and

H The detailed landscape plan must show locations of, and a cross-sectional detail of the bio-retention systems that are required by the Stormwater Management

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification.


62 Adopted Report


Plan prepared for the site. The cross-sectional detail must identify the filter media depth and the surface treatment proposed for the systems. The detailed landscape plan must also incorporate an appropriate list of species in the plan schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in City Plan Policy – Land Development Guidelines.

17 Frontage Fencing Any frontage fencing for this development must comply with one of, or a combination of, the following: a The fence is not forward of the building line; or b The fence is set back a minimum 600mm within the

site boundary and screen shrub plantings are incorporated between the fence and the boundary; or

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

d The fence is of pool type or similar and screen shrub plantings are included immediately internal to the fence to provide privacy.


BUSHFIRE MANAGEMENT

18 Bushfire management plan must be complied with a. All development carried out must be in accordance

with the approved bushfire management plan (BMP) being Bushfire Management Plan for Lot 85 on RP213033 Hammond Drive Childcare Centre at 36 Hammond Drive Gaven, PN153424/01/DA1, dated 16/06/2016 prepared by Bushfire Risk Reducers Pty Ltd and inclusive of the Queensland Fire and Emergency Services (QFES) cover sheet.

b. All measures required by the approved BMP and QFES cover sheet must be implemented prior to the commencement of the use of the premises.

c. The approved BMP and QFES cover sheet must be complied with at all times for the life of the development and the use of the premises.


19 Water supply requirements for fire fighting a. The development must be connected to a reticulated

water supply that has been designed and constructed in accordance with the South East

Timing Prior to the approval for any Development Permit of Material


63 Adopted Report


Queensland (SEQ) Water Supply and Sewerage Design and Construction Code for water supply.

b. All fire hydrants must be designed and installed in accordance with AS 2419 – Fire Hydrant Installations – System design, installation and commissioning; South East Queensland Water Supply and Sewerage Design and Construction Code or unless otherwise specified by the relevant water entity and must be easily accessible by fire fighters at all times and without obstructions.

Change of Use (Building Works) or endorsement of survey plan, whichever is earlier and then maintained at all times for the life of the development.

20 Compliance with the recommendations All recommendations in response to the bushfire management plan (BMP) inclusive of the Queensland Fire and Emergency Services (QFES) cover sheet must be considered as a requirement and conditions of approval for this application unless otherwise stated in writing by the Council. Where there is a conflict, the recommendations listed within the BMP apply.

Timing At all times for the life of the development and the use of the premises.

COVENANT AREA – REHABILITATION , PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT

21 Covenant Area – prohibited activities The area described as ‘covenant area’ on’ Waterway Setback Plan – 36 Hammond Drive, Gaven, Drg No. 15068-1_WS_001, Rev 0, 20.06.16, SW (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken: a Clearing, lopping or removal of any native plants,

whether existing at the date of this approval or planted pursuant to conditions of this approval;

b Erection of any fixtures or improvements, including buildings or structures;

c Construction of any trails or paths; d Depositing of any fill, soil, rock, rubbish, ashes,

garbage, waste or other material foreign to the protected area;

e Keeping or permitting the entry of domestic animals or any other animals that are not indigenous to the Covenant Area; and

f Performance of any other acts which may have detrimental impact on the values of the Covenant Area.


22 Covenant Area – approved management plan to be complied with a The Covenant Area must be managed in

accordance with the approved management plan for the Covenant Area (‘Covenant Management Plan’), as depicted on Waterway Setback Plan – 36



64 Adopted Report


Hammond Drive, Gaven, Drg No. 15068-1_WS_001, Rev 0, 20.06.16, SW, for the life of the development and the use of the premises.

b The owner must take all reasonable measures to ensure that any person occupying or undertaking any activities within the Covenant Area complies with the Covenant Management Plan.

c The Covenant Management Plan may be amended with the written agreement of Council but only if the amendment: i Is consistent with the purpose of the covenant


ii Does not alter the covenant area; and iii Does not add or remove a party to the

covenant.

23 Preparation of Covenant Area management plan A covenant management plan must be prepared, detailing all rehabilitation, ongoing management measures and monitoring to be undertaken in the Covenant Area for the life of the development and the use of the premises so as to ensure the preservation of the environmental integrity of the Covenant Area. The covenant management plan must include the following information: a Description of the approved development including

a plan showing the location of the covenant areas. b Purpose of the document relating to relevant

conditions of approval. c A description of how the document is to be read,

including the purpose of the covenant area and general requirements at each phase of the development (i.e. developer’s and landowners’ responsibilities as covenantor).

d Detailed descriptions for the covenant areas including: i Topography; ii Waterways, flow paths, gullies; iii Vegetation communities and significant

species; iv Fauna habitat and significant species; and v Other significant features.

e Requirements to be fulfilled by the developer (as covenantor) as to the following:

f Preparation and inclusion of basic rehabilitation provisions (for covenant area)



65 Adopted Report


rehabilitation provisions need to be prepared in accordance with: i SEQ Ecological Restoration Framework ii Conditions of this approval. The rehabilitation provisions must contain the following information (as applicable): iii Details of proposed rehabilitation works

including proposed species and planting palette.

iv Planting modules to demonstrate planting densities.

v All weeding works required, including a full list of known weeds on site and how each weed can be adequately managed.

The required ongoing management/maintenance regimes, including: vi Plans indicating maintenance areas; vii Schedules of works including frequency and

tasks; viii Nomination of key performance

indicators/criteria for monitoring purposes (eg. All the covenant area being a minimum, 90% weed free);

ix Defects liability for materials such as replacement of dead plant species of equivalent species and vigour;

x Management of bushfire hazard (only where appropriate);

xi Tree management procedures; and xii Management and control of declared plants

and recognised environmental weeds. xiii Prohibited and permitted actions during

construction; xiv Infrastructure requirements (including

essential, unavoidable services, stormwater etc);

Establishment and maintenance requirements including activities, timeframes and standards to be achieved prior to being deemed ‘Established’ need to be outlined and align with the following requirements:

The initial works including weeding and planting needs to be carried out prior to the commencement of use.

On – maintenance or the establishment period of 6 months will commence after this has been found to be adequately carried out by Council’s Environmental Planning section and will be deemed ‘Established’ on meeting the approved performance criteria after this period.


66 Adopted Report


g Requirements to be fulfilled by landowners (as covenantors) as to the following: i Purpose of the covenant; ii Prohibited and permitted actions/activities; iii Detailed landowner requirements and

responsibilities; and iv Detailed methods relating to maintenance and

enhancement of the covenant area, including weed removal methods, revegetation methods and species lists, monitoring requirements and useful resources and contacts.

h General information, including: i Duration of requirements / responsibilities; ii Information on who to contact for approvals

for any activities required that are not permitted within the covenant area;

iii Baseline data; and iv Checklists for Council (as the covenantee) to

assess compliance with the covenant (including remedial actions for non-compliance).

24 Compliance assessment of covenant management plan The covenant 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: When the request for compliance assessment must be made Before 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 covenant management plan is not an approved plan until a compliance certificate has been issued in respect of it.

25 Compliance certificate with future operational work development applications A copy of the compliance certificate for the covenant management plan must be provided with any future operational work development applications.


67 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1 26 Ongoing compliance with the approved covenant

management plan The management measures and monitoring required by the approved covenant management plan and any conditions imposed on the compliance certificate must be complied with for the life of the development and the use of the premises.

27 Amendment of the covenant management plan The covenant management plan may be amended with the written agreement of Council but only if the amendment: a Is consistent with the purpose of the covenant


b Does not alter the covenant area; and c Does not add or remove a party to the covenant.

28 Covenant Area – statutory covenant to be registered An instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area. The following requirements must be complied with in the preparation and lodgement of the instrument of covenant: a The applicant is responsible for the preparation of

the instrument of covenant and any necessary subdivision plan to enable registration of the covenant and for lodgement of the covenant for registration.

b The instrument must be in a form capable of registration pursuant to section 97A(3)(b) of the Land Title Act 1994.

c The Covenant Area must be shown and identified as a ‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’). Council’s standard covenant (Dealing number 711772071) must be used and the applicant must provide a draft of the covenant to Council for written approval.

d The parties to the covenant are to be the registered owner of the lot (as covenantor) and the Council (as covenantee).

e The instrument must include a purpose statement that articulates: i That the covenantor acknowledges that the

Covenant Area contains native plants and habitat for native animals that should be preserved;

Timing At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use.


68 Adopted Report


ii That the covenant is aimed at directly preserving those features; and

iii That to ensure the Covenant Area and its values are preserved, it is critical that activities within the Covenant Area are limited and managed to ensure native plants, animals , their habitat and values are preserved.

f The instrument must expressly set out, in full, as obligations of the covenantor each of the individual requirements set out in Condition 21 and Condition 22.

g If the instrument is requisitioned or refused registration by the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval.

h The applicant must provide Council with evidence of the registration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Area.

29 Covenant area – digital information The applicant must submit a compact disc to Council containing electronic ‘pdf’ and Autocad ‘.dwg’ OR ESRI compliant shape file depicting the survey plan area. The following requirements must be complied with in the preparation and lodgement of the digital data: a The applicant is responsible for preparation of the

compact disc; b Files must clearly identify the location of the

covenant area; and c The Autocad ‘dwg’ file must use mga 94 horizontal

coordinates / OR GDA 1994 MGA zone 56.

Timing The compact disc must be submitted to Council to be assessed and approved in conjunction with the endorsement of survey plans.

ON-SITE EFFLUENT DISPOSAL

30 Effluent report and standards to be complied with a. The location and manner of on-site effluent disposal

must be carried out in accordance with the approved effluent report - plan / drawing, being Onsite and Soil Evaluation for Effluent Disposal, Country-Wide Water Pty Ltd, File No. CWW:437.16 Issue 1, 27 May 2016). Applications for approval of on-site sewerage work must be consistent with the approved plan/drawing.

b. On-site effluent disposal must be carried out in accordance with the approved plan / drawing.



69 Adopted Report


VEGETATION MANAGEMENT

31 Vegetation management plan to be submitted for approval a The applicant must submit a vegetation

management plan (‘VMP’) to Council for approval. No clearing of any Assessable Vegetation can occur until a development permit for operational work (vegetation clearing) is secured.

For this condition ‘Assessable Vegetation’ is defined as vegetation that is: greater than four metres in height; equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.4 metres above average ground level irrespective of zone;

remnant vegetation and its native under-storey as identified on the Vegetation Management Overlay Map; or

disturbed/re-growth/wetland vegetation and its native under-storey as identified on the Vegetation Management Overlay Map.

b The VMP must be prepared by a suitably qualified professional and include all the following information: i The following particulars (including drawings)

of the land: A The real property description and street

address; B A site analysis plan; C Scale and north point; and D Location of existing and approved

buildings, structures, services and roads.

ii The following particulars of Protected Vegetation on and adjacent to the site: A Location of the Protected Vegetation,

indicating which vegetation is proposed to be retained, relocated, removed or damaged; and

B Particulars of vegetation type, including species name, common name, height and girth, radial distance of canopy and root zone.

iii The location (to be accurately mapped) of any vegetation on and adjacent to the site that is: A ‘protected vegetation’ under the Nature

Conservation Act 1992 (Qld); B a ‘listed threatened species’ under the

Environment Protection and Biodiversity

Timing Prior to the commencement of any operational works for vegetation clearing.


70 Adopted Report


Conservation Act 1999 (Cth); or C ‘remnant vegetation’ mapped under the

Vegetation Management Act 1999 (Qld). iv The following information in relation to

proposed vegetation management: A Particulars of how the vegetation is

proposed to be damaged; B A statement of the reasons why the

damage is necessary and any relevant factors associated with the purpose of the proposed damage;

C Details of how fauna will be managed during vegetation clearing;

D Details of location, size and species of replacement vegetation to compensate for the loss of damaged vegetation;

E Details of all proposed buildings, site access and services;

F Details of strategies and methods to be implemented to protect vegetation to be retained, relocated or pruned from damage, and how site works will be managed to ensure the same;

G Methods for the reuse of felled vegetation from the subject site;

H Disposal methods for remaining debris after the above methods have been employed;

I Details of any proposed rehabilitation to be undertaken;

J Treatment of surfaces adjacent to any vegetation to be retained on site (eg. grassing, bitumen paving and the like); and

K For any vegetation to be retained adjacent to hardstand areas or structures, an appraisal prepared by a suitably qualified horticulturalist/arborist of the health and vigour of the subject vegetation including stage of growth, predicted gross morphology, crown framework and extent of root system.

L Construction method for acoustic fencing not to include strip footing. Must be post and suspended beam type fence.

ROADS

32 Roadworks: Smith Street / Hammond Drive (West) The applicant shall design and construct a left-in/left-out treatment generally in accordance with the approved Bitzios Consulting Drawing No. P2438.001 ‘Left-in/Left-out Concept Design’ referred to in Condition (1).



71 Adopted Report


The applicant must apply for and obtain an operational works permit for the construction of these works. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

33 Smith Street / Banyula Drive traffic signals The applicant must pay a $10,000 contribution to the City to allow for modifications to the traffic signals at the intersection of Smith Street / Banyula Drive to allow U-turns from Smith Street eastbound to westbound. The contribution is to meet the cost for signage, removal of a left turn aspect, reconfiguring the traffic controller and traffic control.

Timing Payment must be paid prior to the commencement of the use.

CAR PARKING AND ACCESS

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

constructed and maintained in accordance with AS2890.1 and AS2890.6 (latest versions).

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

c A minimum combined total of 33 off-street car parking spaces must be provided for on-site, including at least 15 spaces for staff, 17 spaces for visitors and 1 van loading bay.

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

e Driveway and carpark areas shall be finished with surface coatings which prevent tyre squeal.

f Drainage grating over trafficable areas shall be secured to prevent rattling.


35 Tandem car parking spaces Tandem car parking spaces must be allocated to staff only.


36 Freely accessible car parking Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.


37 Bicycle parking a Bicycle parking facilities must be provided and

maintained in accordance with: i A minimum of 2 x Class 3 bicycle parking

spaces for visitors must be provided on-site; ii A minimum of 2 x Class 2 bicycle parking

spaces for staff must be provided on-site; and



72 Adopted Report


iii AS2890.3. b The bicycle parking spaces are to:

i Enable wheels and frame to be located to the device without damaging the bicycle;

ii Be located outside pedestrian movement paths;

iii Be accessible from the road; iv Be arranged so that parking and unparking

manoeuvres will not damage adjacent bicycles;

v Be protected from manoeuvring motor vehicles and opening car doors;

vi Be as close as possible to the cyclists ultimate destination;

vii Be well lit by appropriate existing or new lighting.

38 Signs and line marking In addition to signs and line marking required by AS2890.1, the following must be installed and maintained: a Signs and line marking to identify persons with

disabilities parking (AS2890.6). b Staff and visitor parking must be clearly identifiable

through the provision of signage denoting “Staff Parking” and “Visitor Parking”.

c The van loading bay must be clearly identifiable through the provision of signage denoting “Loading Bay”.


39 Loading and unloading a Loading and unloading of a vehicle servicing a

development must be conducted wholly within the site.

b A vehicle or vehicles waiting to be loaded or unloaded must stand entirely within the site.

c All vehicles must enter and exit the site in a forward gear.


40 Sight lines to pedestrians Where the driveway meets the property boundary to Hammond Drive, clear (triangulated) sight lines must be provided and maintained. The sight lines must be 2 metres wide, provided on both sides of the driveway, for a length of 2.5 metres back into the site, in accordance with Figure 3.4 – Minimum dimensions for access driveway sight splays for pedestrians of AS2890.2. The area within these sight triangles must be kept clear of obstructions.



73 Adopted Report


VEHICULAR CROSSINGS AND DRIVEWAYS

41 Vehicular crossings a A vehicular crossing (driveway entry within the

road reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial,

commercial and multi-unit residential. b The applicant must apply for and obtain a licence

from Council for the construction of the vehicular crossing/s.

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

Timing Prior to commencement of the use on the site.

42 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with City Plan Policy SC6.9 – Land Development Guidelines. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.


ROAD RESERVE ALTERATIONS/RECONSTRUCTION

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

damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Hammond Drive to meet the requirements of City Plan Policy SC6.9 – Land Development Guidelines, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of City Plan Policy SC6.9 – Land Development Guidelines when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.


44 Removal of redundant stormwater kerb adaptors / service pits The applicant must, at the applicant’s cost and at no cost to Council, remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

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


74 Adopted Report


premises.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

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

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

City Plan Policy SC6.9 – Land Development Guidelines;

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

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

iv Submit ‘As Constructed’ data in accordance with City Plan Policy SC6.9 – Land Development Guidelines.

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

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

Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.

ELECTRICAL RETICULATION

46 Electricity supply to MCU developments and private estates a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity

Timing Prior to the earlier of Council compliance assessment of


75 Adopted Report


supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site).

b Where the electricity supply in the street that provides access to the site is underground then supply to the site and proposed lots / dwellings within the site must also be underground.

c In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

subdivision plans or the commencement of the use.

47 Telecommunications – MCU The applicant must: a Provide underground telecommunications to the

subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

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

Timing Prior to commencement of the use.

HYDRAULICS

48 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to

the site that could cause loss or damage.


49 Alteration of overland flow paths a Overland flow paths on the site must not be altered

in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

b The development must not obstruct any existing overland flow coming on to the site from external catchment and must properly manage that flow to ensure no adverse impact externally. Fence, if



76 Adopted Report


installed, along the northern boundary must be designed with provision to allow such overland flow across the fence.

STORMWATER AND WATER QUALITY

50 Stormwater management plan to be complied with The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Conceptual Erosion and Sediment Control and Site Based Stormwater Management Plan for Proposed Child Care Centre at 36 Hammond Drive, Gaven Lot 85 on RP 213033” prepared by Cozens Regan Group Pty Ltd dated 24 March 2016.

Information note:

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted prior to the commencement of the use of the premises.

51 Certification of performance of the treatment train The applicant must provide a certification signed by the qualified professional (RPEQ or equivalent) who has prepared or endorsed the stormwater management report by confirming the following: a The proposed treatment train including the

proprietary device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in the Land Development Guidelines.

b The signing person must acknowledge that he/she is aware that the Council of the City of Gold Coast relies upon his/her certification in approving the above stormwater management plan and associated treatment train including the proprietary device.

Timing Prior to the commencement of works on-site.

52 Monitoring of the Stormwater 360 proprietary devices The legal entity of the development must carry out monitoring of the performance of the stormwater360 proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ or equivalent) specialised in stormwater and must be submitted to Council for record keeping purposes.



77 Adopted Report


Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

53 Maintenance of Stormwater360 proprietary devices

a Prior to commencement of the use of the premises, a site-specific stormwater quality improvement device (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional, in consistent with the maintenance requirements of the devices in the proposed treatment train, and submitted to Council for approval. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following: i The MMP must include all associated cost

related to the device (e.g., installation, inspection and replacement/maintenance, reporting, health and safety plans, training, area of land required to install the device etc);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

b The legal entity of the development must enter into a long-term maintenance agreement with the proprietor (Stormwater360) or an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises;

c The legal entity of the development must submit to Council certification from a Registered Professional Engineer Queensland (RPEQ) every year for the life of the development confirming that the cartridges have been replaced and functioning as designed.

d The legal entity of the development must be responsible for monitoring and maintaining the stormwater management devices during both construction and operational phases at no cost to the Council.

e In case of failure to achieve the designed pollutant load reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (Stormwater360 StormFilter Cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section 13 of the Land Development Guidelines) at no cost to Council.



78 Adopted Report


Advisory Note: Failure of achieving the water quality objectives during construction and operational phase of the development may trigger significant penalty under the Environmental Protection Act 1994.

54 Maintenance of bio-retention basin All ongoing maintenance and monitoring of stormwater treatment devices (e.g. bio-retention) must be undertaken in accordance with approved stormwater management plan and the City Plan Policy - Land Development guidelines, and managed by the legal entity of the development, at no cost to Council.


55 Stormwater headwalls, outlets and associated flow paths All stormwater headwalls/outlets and associated flow paths must be: i Treated in a manner appropriate to their

proposed landscaped surrounds; and ii Constructed in accordance with City Plan

Policy - Land Development Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration.

b The aprons in front of stormwater headwalls must be constructed to ensure no under-scouring can occur.

c The areas of cut surrounding the headwalls must be sufficiently stabilised to ensure that no erosion or destabilisation occurs.


EROSION AND SEDIMENT CONTROL

56 Erosion and sediment control a Erosion, sediment and dust control measures must

be implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

e The following inspection program must be carried out before the site is fully rehabilitated:

Timing During construction/building works.


79 Adopted Report


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.

CONSTRUCTION MANAGEMENT

57 Construction management plan Part A Construction Management Requirements a The construction management plan must be

submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for

maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

iii Parking of vehicles (including on site employees and delivery vehicles);

iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities);

v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.

c The construction management plan must demonstrate that: i the general public will be adequately

protected from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and

protection of Council assets will be well managed.

d The approved construction management plan must be complied with and kept on-site at all times.

Part B Road/footpath Closure Requirements

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The approved construction management plan must be complied with and kept on-site at all times during construction works.


80 Adopted Report


Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

f Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

g Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

58 Noise management a Noise from construction activities must not cause

an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise.

c The monitoring must be carried out: i by a suitably qualified acoustic engineer; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter

5, part 3 of the Environmental Protection Regulation 2008; and

iv within 5 business days of receipt of the request from Council.

d The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring.

e If the acoustic quality objectives stated in schedule 1, column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.



81 Adopted Report


f The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of noise sources; iii identify the measures and work practices that

will be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring of noise emissions;

v provide details of complaint response procedures that will be adopted;

vi identify the procedures to be adopted for revision and review of the noise management plan.

g The approved noise management plan must be complied with and kept on-site at all times.

59 Dust management a The release of dust and particulate matter from

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

c The monitoring must be carried out: i by a suitably qualified professional; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter

5, part 3 of the Environmental Protection Regulation 2008; and

iv within 5 business days of receipt of the request from Council.

d The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring.

e If the air quality objectives stated in schedule 1, column 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive



82 Adopted Report


receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The dust management plan must: i be prepared by a suitably qualified

professional; ii provide details of sources of dust and

particulate emissions; iii identify the measures and work practices that

will be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

g The approved dust management plan must be complied with and kept on-site at all times.

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

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

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

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


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



83 Adopted Report

ITEM 1 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE - LOT 85 ON RP213033 - 36 HAMMOND DRIVE GAVEN - DIVISION 5 PN153424/01/DA1 62 Public safety to be ensured

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


PLUMBING AND DRAINAGE

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

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

i Trade Waste Guidelines c comply with Council’s Waste Management guidelines

for new developments (2011). Information note:

On-site 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.

Without limiting the definition of ‘on-site sewerage work’ in the Plumbing and Drainage Act 2002, such work includes building or installing an on-site sewerage facility, which is a facility for:

treating on the premises, sewage generated on the premises and disposing of the resulting effluent on part of the premises (a ‘land application area’) or off the premises by common effluent drainage or by collection from a tank on the premises; or

storing on the premises sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

This includes a chemical, composting or incinerating toilet.


64 Report from registered soil evaluator to be submitted In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a



84 Adopted Report


registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and Queensland Plumbing and Wastewater Code. Information note:

Further information will be required at the time of lodgement of the Plumbing and Drainage application, specifically the design of the pump station / balancing tank.

The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to:

arranging servicing of the facility by a service contractor;

periodic inspections, monitoring and maintenance; and

inspections which may be carried out from time to time by Council’s authorised persons.

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

services within the property; and b comply with Section 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.


66 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and



85 Adopted Report


Drainage Act 2002 has been issued by Council for the works.

ADVISORY NOTES TO APPLICANT

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

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

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


86 Adopted Report


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 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.


87 Adopted Report


Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note:

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

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

A division was called For: 3 Cr Caldwell, Cr Gates, Cr Owen-Jones Against: 5 Cr Baildon, Cr O'Neill, Cr P Taylor, Cr Vorster, Cr PJ Young Absent: 0 Abstained: 0 The MOTION was LOST COMMITTEE RECOMMENDATION CP16.1123.001 moved Cr PJ Young seconded Cr Vorster That the matter be refused for the following reasons:- Council refuses the application for a development permit for material change of use for Child care centre, for the following reasons:

1 The proposed development will compromise the outcome sought under Section 3.2.2 – City shape and urban transformation which seeks to ensure Rural residential areas are protected from inappropriate development.

2 The proposed development fails to achieve the outcome sought under Section 3.3.7.1(1) as the proposal does not support the lifestyle and amenity aspirations of the residents of the area.

3 The proposed development does not reflect the outcomes sought under Improving transport outcomes – Strategic outcome 3.6.1(7) and Transport system efficiency – Specific outcome 3.6.4.1(2). The proposed alteration to the existing road network and the alteration of traffic flow patterns along Hammond Drive will not allow for a safe and efficient road network nor will it improve the efficiency of the road network.

4 The proposed development fails to achieve the outcomes sought for Land uses in the Rural residential zone as the proposal does not support the lifestyle and amenity aspirations of residents. The resulting altered road network design will compromise the amenity and character of the area.

5 The proposed development will not achieve the Overall outcomes 9.3.3.2(2) sought by the Child care centre code which seeks to ensure that child care centres meet community needs and that the character of the surrounding environment is protected. The introduction of the Child care centre and altered traffic flow will affect the character of the area.


88 Adopted Report


6 The proposed development does not meet the intent of Performance Outcome 4 and Performance Outcome 5 of the Child care centre. The site locality is situated away from the primary source of children, being Pacific Pines, and therefore will not minimise vehicle trips. In addition the proposal introduces additional traffic movement into a minor residential street.

7 The proposed development is in conflict with Performance outcome PO2 of the General development provisions code as the development does not prevent the loss of amenity with regards to the increased traffic flow generated along Hammond Drive resulting from the altered road network.

8 The development is in conflict with the Overall outcome 2(e)(ii) and 2( e)(iii) of the Transport code which seeks to provide a road network which seeks to ensure development impacts on amenity caused by traffic is consistent with the community’s reasonable expectations for the intended use. In addition the proposed altered road network reduces the permeability and connectivity. The overall outcomes sought are not achieved.

9 The proposed development is in conflict with Performance outcome PO20 of the Transport code which seeks to ensure the development is appropriately located to reduce the need to travel by car and designed to reduce impacts on the amenity, safety and operation of the road network.

10 Section 326 of the Sustainable Planning Act 2009 requires that Council cannot make a decision that conflicts with a relevant instrument unless; a. The conflict is necessary to ensure the decision complies with a State

planning regulatory provision; or b. There are sufficient grounds to justify the decision, despite the conflict; or c The conflict arises because of a conflict between 2 or more instruments.

Subsection (a) and (c) do not apply in this instance, in relation to subsection (b); it is considered that there are no sufficient grounds to justify the decision, despite the conflict.

A division was called For: 5 Cr PJ Young, Cr Vorster, Cr Baildon, Cr Owen-Jones, Cr

Taylor Against: 3 Cr O'Neill, Cr Gates, Cr Caldwell Absent: 0 Abstained: 0 CARRIED


89 Adopted Report

Attachment 1.1727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

90 Adopted Report

Attachment 1.2 (page 1 of 4 pages)727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

91 Adopted Report


92 Adopted Report


93 Adopted Report


94 Adopted Report

Attachment 1.3727th Council Meeting 29 November 2016 City Planning Committee Meeting 23 November 2016

95 Adopted Report

ITEM 2 CITY DEVELOPMENT REQUEST TO APPLY A SUPERSEDED PLANNING SCHEME- LOT 733 ON RP167320 130 TALLEBUDGERA DRIVE PALM BEACH – DIVISION 13 - PN22999/1311/01

Refer 5 page attachment

1 BRIEF SUMMARY

On the 18th October 2016 Council of the City of Gold Coast (Council) received an application pursuant to section 95 of the Sustainable Planning Act 2009, requesting Council to assess and decide a proposed future development application for two detached dwellings under a superseded planning scheme.

The request relates to land situated at 130 Tallebudgera Drive, Palm Beach (Lot 733 on RP167320).

The superseded planning scheme the applicant is seeking to use for the assessment of the future development is ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’ (“2003 Planning Scheme”). Under the 2003 Planning Scheme, the subject site is located in the Detached Dwelling Domain and the land use is defined as ‘Detached Dwelling’ and triggers Code Assessment. Under the City Plan, the subject site is located in the Low density residential zone and the land use is defined as ‘Dual occupancy’ and triggers Impact Assessment.

The purpose of this report is not to determine the outcome of the intended future development, but to only determine if Council agrees to apply the superseded planning scheme for the future assessment of a Development Permit for Material Change of Use (Code Assessment) for two Detached Dwellings.

It is recommended that Council agree with the request and advise the applicant that Council is prepared to assess and decide a proposed development application under a superseded planning scheme for the development as described in this request under the superseded planning scheme, being ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’.

2 APPLICATION INFORMATION

Real property description: Lot 733 on RP167320 Property address: 130 Tallebudgera Drive, Palm Beach Applicant: Richard & Narelle Flanagan C/- Storey and Castle

Planning Pty Ltd Owner At time of lodgement: Narelle Flanagan Current owner: Narelle Flanagan Date of lodgement: 18 October 2016 Decision date: 30 November 2016 Site area: 859m2 Current planning scheme zoning:

Low density residential zone

Superseded planning scheme domain:

Detached Dwelling Domain

Request type: Assess and decide a proposed development application under a superseded planning scheme


96 Adopted Report

ITEM 2 (Continued) REQUEST TO A APPLY SUPERSEDED PLANNING SCHEME- LOT 733 ON RP167320 130 TALLEBUDGERA DRIVE PALM BEACH – DIVISION 13 - PN22999/1311/01

3 BACKGROUND

No relevant town planning history exists for the subject site.

4 REQUEST DETAILS

Pursuant to section 95 of the Sustainable Planning Act 2009, the applicant has provided written notice requesting Council to assess and decide a proposed development application for two detached dwellings under a superseded planning scheme.

The superseded planning scheme the applicant is seeking to use for the assessment of the future development is ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’ and the proposal is for the assessment of a Material Change of Use (Code Assessment) application for a second Detached Dwelling at 130 Tallebudgera Drive, Palm Beach.

Proposed Development The proposed detached dwellings will be located side by side and separated by a masonry wall. Each dwelling will incorporate a mirrored layout and will comprise of two (2) levels over basement car parking. The general layout of each dwelling is described as follows: Basement – Car parking for each dwelling will be provided within a basement car park. Each car park will have sufficient room for five (5) vehicles and will provide direct internal access into the ground floor level above. Ground Floor Level – The ground floor level of each dwelling provides the main living areas, including a large open plan living, kitchen and dining room which open up onto private open space to the rear. This level also provides a separate library, toilet and laundry. First Floor Level – The first floor level of each dwelling provides three (3) bedrooms including the master suite. In addition, this level also provides a living area, study and storage. Vehicular access to the basements will be provided via two (2) vehicular crossovers, one (1) per dwelling from Tallebudgera Drive. A summary of the proposed development is as follows:

Development summary

Land use definition Detached Dwelling ‘A dwelling not attached to or touching another dwelling or another building. This is a more specific definition than 'dwelling'. This term does not include a relocatable home.’

Building height Two (2) Storeys

Residential density One dwelling per 429m2

Site coverage 41% (or 352.2m2)

Total gross floor area 949m2

Car parking spaces Ten (10) – five (5) per dwelling


97 Adopted Report


Figure 1: Proposed site plan and basement plan.

Figure 2: Proposed elevations.


98 Adopted Report


5 SITE & ENVIRONMENT

5.1 Characteristics of site The subject site is 859m2 in size and vacant with no significant vegetation. The site has a 19 metre frontage to Tallebudgera Drive. The topography of the site is relatively flat, with the rear of the site adjoining the Palm Beach canal.

Figure 3: Aerial photograph of subject site

Figure 4: Subject site as viewed from Tallebudgera Drive


99 Adopted Report


Figure 5: Subject site as viewed from Tallebudgera Drive

5.2 Characteristics of surrounding environment The site is located within Palm Beach, an area characterised predominately by low density residential uses, specified as follows:

North: Two storey dwelling house;South: Two storey dwelling house; East: Palm Beach Canal; and West: The site fronts Tallebudgera Drive to the west, further west is Tallebudgera Creek

Conservation Park.


100 Adopted Report


Figure 6: Aerial photograph of subject site and surrounding environment

5 ASSESSMENT OF REQUEST

City Plan In accordance with the City Plan (adopted 2 February 2016), the subject site is located in the Low density residential zone and the proposal is defined as ‘Dual occupancy’ as follows:

“Premises containing two dwellings, each for a separate household, and consisting of:

• a single lot, where neither dwelling is a secondary dwelling

• two lots sharing common property where one dwelling is located on each lot”.

Dual Occupancy is listed as Self-Assessable development in the Low density residential zone if not adjoining an existing or approved Dual occupancy where located on:

(a) corner lot/s; or

(b) lot/s with both street and rear lane access; or

(c) lot/s within 400 metre walking distance of a mixed use centre or specialist centre.

As the subject site does not meet any of these provisions, the proposal triggers an Impact Assessable Development Application.

However, prior to the commencement of the City Plan, two (2) detached dwellings located within the Detached Dwelling Domain would be subject to a lower level of assessment being Code Assessment and generally supported by Council officers.

2003 Planning Scheme Under the 2003 Planning Scheme, the subject site is located in the Detached Dwelling Domain and the proposal is defined as ‘Detached Dwelling” as follows:


101 Adopted Report


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

In accordance with Table of Development A, Detached Dwelling is listed as Self-Assessable development. However, the proposal will trigger Code Assessment because it doesn’t meet Acceptable Solution 3 ‘Accommodation Density’ which prescribes the dwelling density as one (1) per lot.

Given that there is a change in the level of assessment between the City Plan and the 2003 Planning Scheme, section 95 of the Sustainable Planning Act 2009 allows for a request to Council to apply under the superseded 2003 Planning Scheme.

The following table provides a comparison between the superseded planning scheme and the City Plan:

Table 1: Comparison of planning schemes and proposed development

Detached Dwelling Domain

(Our Living City Gold Coast Planning 2003 version 1.2

Amended November 2011’)

Low Density Residential Zone (Gold Coast City

Plan)

Proposed development

Height Two Storeys Two Storeys (9m) Two Storeys

Setbacks Front – 6m Side & Rear – 1.5m (up to 4.5m in height) 2m (4.5-7.5m in height)

Front – 6m Side & Rear – 1.5m (up to 4.5m in height) 2m (4.5-7.5m in height)

Front – 7.4m Side – 1.5m Rear – 9.2m

Canals & Waterways Setback

8.13m 8.13m 2m

Density One dwelling per 400m2 One dwelling per 400m2

One dwelling per 429.5m2

Site Coverage

50% 50% 41% (353.2m2)

Car Parking 2 spaces per dwelling, of which one is covered, no visitor parking required

2 spaces per dwelling, no visitor parking required

5 spaces per dwelling

Land Use Two Detached Dwellings Dual Occupancy Two Detached Dwellings

Level of Assessment

Code Assessment Impact Assessment


102 Adopted Report


Council Resolution – Superseded Planning Scheme Decision-Making The following provides an assessment of the request against Councils adopted resolution (CP15.0610.0752021379) criteria when assessing a superseded planning scheme request:

1) The relevant provisions of the Sustainable Planning Act 2009

The applicant has made the request within 12 months of the commencement of the new City Plan, the applicant has completed the Sustainable Planning Act Form 2, paid Councils applicable lodgement fee and provided a description of the proposed development. Accordingly, it is considered that the request has been submitted in accordance with section 95 of the Sustainable Planning Act.

2) All information provided by a person in their written application

The applicant has provided architectural plans, a planning report, and an assessment against the relevant Codes and planning legislation.

3) Whether sufficient information has been provided to enable the City to properly assess the request

It is considered that the information provided within the application is sufficient for Council officers to properly assess the request.

4) Whether the application of the superseded planning scheme may result in a planning outcome that is materially different than what may be achieved under the City Plan.

As discussed earlier, it is considered that the proposed development is not seen to result in a development that is materially different to what may be achieved under the City Plan, merely seeking a lower level of assessment.

5) Whether the application of the superseded planning scheme may result in a planning outcome that is not in the public interest.

As the future development application seeks to establish two detached dwellings appropriately setback from neighbouring dwellings, seeking to utilise separate vehicular crossovers, it is considered that the proposed development will not result in a planning outcome that is not in the public interest. 6) Whether refusing the request may expose Council to a real risk of a potential compensation claim.

In accordance with section 704 of the Sustainable Planning Act 2009, refusing the request may expose Council to a real risk of compensation claim. The change in the level of assessment from Code Assessable under the 2003 Planning Scheme to Impact Assessable (inconsistent) under the current City Plan has potentially decreased the development potential of the site.

7) Any other relevant considerations

The purpose of this report is not to determine the outcome of the intended future development, but to only determine if Council agrees to apply the superseded planning scheme for the future assessment of a Development Permit for Material Change of Use (Code Assessment) for two Detached Dwellings.


103 Adopted Report


7 CONSULTATION

7.1 Internal Referrals

The request was presented at Council’s Development Assessment Review Team on the 24 October 2016 and no objections were received from internal referrals.

8 CONCLUSION

It is recommended the applicant be advised pursuant to the Sustainable Planning Act 2009 that the request to apply a superseded planning scheme ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’ is approved.

9 RECOMMENDATION

It is recommended Council of the City of Gold Coast (Council) resolve that:

Real property description Lot 733 on RP167320 Address of property 130 Tallebudgera Drive Palm Beach Area of property 859m2 Request type Request to apply a superseded planning scheme

NATURE OF DECISION

A Pursuant to section 97 of the Sustainable Planning Act 2009, Council agrees to;

Assess and decide a proposed development application under a superseded planning scheme.

B Council of the City of Gold Coast (Council) officers have reviewed the detail submitted in support of this application and have determined the fee applicable to the development application (superseded planning scheme) to be $3,696.00.

C Council’s decision relates to the development described as Two (2) Detached Dwellings, and as shown on the list of plans and details as submitted for the request made under section 95 of the Sustainable Planning Act 2009 being

Plan No. Revision Title Date Prepared by

S01.0 A Site Plan & Basement 24/10/2016 Project Planning Group

S02.0 A Floor Plans 24/10/2016 Project Planning Group

S03.0 A Elevations 24/10/2016 Project Planning Group

D Pursuant to section 99 of the Sustainable Planning Act 2009 the development application (superseded planning scheme) for the development as described in C above must be made to the Assessment Manager within six (6) months of the date of this notice of decision, being 29 November 2016. The development application shall be assessed under ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’.


104 Adopted Report


E That the applicant be advised that Council’s decision to agree to apply a superseded planning scheme for the development as described in C above in no way fetters Councils’ discretion when assessing and determining the development application (superseded planning scheme) for the development.

F That the applicant be advised that the proposed deck/structure appears to be located over the revetment wall. The proposed deck/structure may not be supported by Council officers as part of the subsequent development application to avoid any conflict with the revetment wall.

Author: Authorised by:

Ania Dorocinska Dyan Currie Planning Officer Director Planning and Environment


105 Adopted Report

ITEM 2 (Continued) REQUEST TO APPLY A SUPERSEDED PLANNING SCHEME- LOT 733 ON RP167320 130 TALLEBUDGERA DRIVE PALM BEACH – DIVISION 13 - PN22999/1311/01 COMMITTEE RECOMMENDATION CP16.1123.002 moved Cr Owen-Jones seconded Cr Gates Real property description Lot 733 on RP167320 Address of property 130 Tallebudgera Drive Palm Beach Area of property 859m2 Request type Request to apply a superseded planning scheme

NATURE OF DECISION

A Pursuant to section 97 of the Sustainable Planning Act 2009, Council agrees to; Assess and decide a proposed development application under a superseded planning scheme.

B Council of the City of Gold Coast (Council) officers have reviewed the detail submitted in support of this application and have determined the fee applicable to the development application (superseded planning scheme) to be $3,696.00.

C Council’s decision relates to the development described as Two (2) Detached Dwellings, and as shown on the list of plans and details as submitted for the request made under section 95 of the Sustainable Planning Act 2009 being

Plan No. Revision Title Date Prepared by

S01.0 A Site Plan & Basement

24/10/2016 Project Planning Group

S02.0 A Floor Plans 24/10/2016 Project Planning Group

S03.0 A Elevations 24/10/2016 Project Planning Group

D Pursuant to section 99 of the Sustainable Planning Act 2009 the development application (superseded planning scheme) for the development as described in C above must be made to the Assessment Manager within six (6) months of the date of this notice of decision, being 29 November 2016. The development application shall be assessed under ‘Our Living City Gold Coast Planning 2003 version 1.2 Amended November 2011’.

E That the applicant be advised that Council’s decision to agree to apply a superseded planning scheme for the development as described in C above in no way fetters Councils’ discretion when assessing and determining the development application (superseded planning scheme) for the development.

F That the applicant be advised that the proposed deck/structure appears to be located over the revetment wall. The proposed deck/structure may not be supported by Council officers as part of the subsequent development application to avoid any conflict with the revetment wall.

CARRIED


106 Adopted Report

for the City Planning Committee Meeting - City of Gold Coast · 11/23/2016 · fence, restriction...

Documents

Transcript of for the City Planning Committee Meeting - City of Gold Coast · 11/23/2016 · fence, restriction...