of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks...

206
725 Adopted Report of the City Planning Committee Meeting held Wednesday 26 October 2016 at 9am City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

Transcript of of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks...

Page 1: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

725

Adopted Report of the

City Planning Committee Meeting held

Wednesday 26 October 2016

at

9am

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

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Index

Adopted Report for 725

City Planning Committee Meeting

Wednesday 26 October 2016 at 9am

Item Direct Div:

File Page Subject

City Development Branch

1 PE

13

PN23593/01/DA1 4 Development Permit For A Material Change of Use (Code Assessment) For Multiple Dwellings (3 Dwelling Units) – Lot 477 On RP89779 - 16 Leyte Avenue, Palm Beach. MCU201601064

2 PE

3

PN136301/12/DA1 79 Combined Development Permit (Impact Assessment) For A Material Change of Use For 104 Detached Dwellings In Accordance With A Plan Of Development And a Development Permit For Reconfiguring a Lot For 104 Lot Subdivision, Public Open Space And Road - Lot 11 On RP170746 , Lot 12 On RP170746 -361 Foxwell Road, Coomera. ROL201500449

3 PE PD1295(P1) 192 City Place Making – Quarterly Report - Period Ended September 2016

City Planning Branch Closed Session

4 PE PD113/81/12(P1) 200 CONFIDENTIAL Project Commencement - Place Analysis Southern Gold Coast

5 PE PD113/81/06(P1) 203 CONFIDENTIAL Introductory Paper - Streetscape Design Guidelines And City Plan Policy Work

6 PE PD98/1132/06/01 206 CONFIDENTIAL City Plan Major Update 1 and Major Update 1B Proposed City Plan Changes

Open Session General Business

7 PE 560/20673(P5) 568 Pacific Pines Master Plan

8 PE 568 Development Activity Report Presentation

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ADOPTION BY COUNCIL 26 OCTOBER 2016 RESOLUTION G16.1031.017 moved Cr Caldwell seconded Cr Gates That the Report of the City Planning Committee’s Recommendations of Wednesday 26 October 2016, numbered CP16.1026.001 to CP16.1026.007, be adopted with the exception of:- Recommendation Numbers CP16.1026.001 and

CP16.1026.006 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 Arrived at 9.29am Cr P A Taylor Cr H Vorster Cr G O'Neill Cr PC Young (Visitor) Ms A Swain Acting Director Planning & Environment Mr M Moran Acting Manager City Development Ms A Tzannes Acting Manager City Planning Mrs Z Meha Manager Business Support The meeting adjourned at 10.25am and reconvened at 10.39am. APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Local Government Infrastructure Plan - Zara Meha, Manager Business Support Development Activity Report – Alisha Swain, Acting Director PE (Presentation attached to this Report under Item 8 General Business)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 CITY DEVELOPMENT DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) – LOT 477 ON RP89779 - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1 Refer 19 page attachment

1 OVERVIEW

Site address 16 Leyte Avenue, Palm Beach

Application description

Development Permit for Material Change of Use (Code Assessment) for Multiple Dwelling (3 dwelling units)

Decision due date 1 November 2016

Proposal

The development involves the establishment of three (3) dwellings on a 658m2 block consisting of the following:

Building Height 6.9 metres

Density 1 dwelling / 219.3m2

Site Coverage 379m2 (58%)

Bedrooms 3 bedrooms per dwelling (9 bedrooms total)

Car Parking 2 car parking spaces per dwelling and 1 visitor space

Private Open Space

Unit 1: 58m2

Unit 2: 24m2

Unit 3: 42m2

Main Considerations / Resolution

Consideration Resolution

Density

Performance Outcome PO5 of the Medium density residential zone Code nominates a residential density of one (1) dwelling per 250m2 (RD3). The applicant seeks an alternative outcome of one (1) dwelling unit per 219.3m2.

The proposed alternative outcome is considered to meet the purpose and overall outcome of the Medium Density Residential Zone Code by:

- Providing a form, scale and intensity that is appropriate for the zone and the surrounding character;

- Capacity of available infrastructure to support the development (including water, sewer and transport); and

- Providing a generous mix of housing form and size to meet housing needs

Car Parking

Acceptable Outcome AO1 of the Transport Code nominates the provision of a total of five (5) car parking spaces for residents and

The proposed alternative outcome results in a shortfall of two (2) visitor spaces. However, the proposed alternative outcome is considered to achieve

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

a total of three (3) car parking spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one (1) visitor parking space.

Performance Outcome PO1 as the development provides a total of six (6) car parking spaces for residents (which is one (1) more than required by the Acceptable Outcome AO1), one (1) on-site visitor car parking space and one (1) car parking space on Leyte Avenue. In total, the proposed development is required to facilitate eight (8) car parking spaces, whereas the proposal facilitates a total of seven on-site (7) car parking spaces, and one (1) parking space on Leyte Avenue. It is therefore considered that although there is a shortfall of two (2) visitor car parking spaces, an additional car parking space has been provided for the residents, resulting in a shortfall of one (1) space. The proposal can facilitate an additional car parking space on Leyte Avenue between the two (2) proposed vehicular crossings. It is therefore considered that the proposed alterative outcome achieves Performance Outcome PO1 of the Transport Code.

Setbacks

Acceptable Outcome AO1 of the Medium Density Residential Zone Code requires the proposal to provide a 4 metre frontage setback, 1.5 metre setback for the side and rear property boundaries for the ground floor and 2 metre setback distance for the side and rear property boundaries for the first floor. The applicant seeks an alternative outcome of 1.5 metres setback from the rear and side property boundaries for the first floor. The applicant also seeks an alternative outcome to the front property boundary setback for a carport.

The proposed alternative outcome is considered appropriate as it achieves Performance Outcome PO1 by:

- Does not incorporate any windows within the setbacks assisting in the protection of adjacent amenity;

- Allowing for access around the building;

- Contributing to the streetscape character; and

- Allowing for on-site car parking.

Site Cover The proposed alternative

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Acceptable Outcome AO2 of the Medium Density Residential Zone Code allows a site cover up to 50%. The applicant seeks an alternative outcome of 58%.

outcome is considered appropriate as it achieves the Performance Outcome PO2 through:

- providing a statement of landscape intent that softens the mass of the built form from the street;

- being consistent with similar development recently constructed within the neighbourhood; and

- appearing as a slender built form from the street.

Submissions Objections Support

Not Applicable Not Applicable

Key issues raised by submitters

Not Applicable

Referral agencies Energex Limited

Officer’s recommendation

Approval

REPORT STRUCTURE

1 OVERVIEW

2 EXECUTIVE SUMMARY

3 APPLICATION INFORMATION

4 BACKGROUND

5 PROPOSAL

6 SITE & ENVIRONMENT

6.1 Characteristics of site

6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT

7.1 Assessment against City Plan

7.2 Assessment against the State Planning Policy

7.3 Assessment against the State Planning Regulatory Provisions

7.4 Assessment of development infrastructure requirements

8 CONSULTATION

8.1 Internal Referrals

8.2 External Referrals

8.3 Public Notification

9 CONCLUSION

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

10 NOTIFICATIONS

11 RECOMMENDATION

2 EXECUTIVE SUMMARY

Council is in receipt of an application for a Development Permit for Material Change of Use (Code Assessment) to establish Multiple Dwellings (3 dwelling units) within a two (2) storey residential development located at 16 Leyte Avenue, Palm Beach, properly described as Lot 477 on RP89779

Pursuant to the City Plan, the subject site is located within the Medium Density Residential Zone. According to the building height overlay map, the subject site has a Code Assessable building height of two (2) storeys with a maximum height of 9 metres and according to the density overlay the site has a residential density of RD3 being one (1) dwelling per 250m2. The development has a proposed building height of two (2) storeys with a maximum building height of 6.9 metres from the proposed ground level to the uppermost projection. The development has a proposed residential density of one (1) dwelling per 219.3m2.

The proposed development has been assessed against the relevant Overall Outcomes, Performance Outcomes and Acceptable Outcomes listed within the Medium Density Residential Zone, Multiple Accommodation Code, General Development Provisions Code and all applicable Overlay Codes of the City Plan.

The application was referred to Energex Limited as an Advice Agency as the proposed development is situated within 100 metres of a substation. On 15 August 2016, Council received a response from Energex Limited advising of no objection to the proposed development.

It is considered that the proposal demonstrates an acceptable outcome for the area and is consistent with the City Plan. Therefore, the application is recommended for approval, subject to reasonable and relevant conditions.

3 APPLICATION INFORMATION

Real property description Lot 477 on RP89779

Applicant JCD Holdings Pty Ltd C/- Planit Consulting Pty Ltd

Owner at time of lodgement Desmond William M Bolster

Current owner Desmond William M Bolster

Site area 658m2

Date application received 25 July 2016

Date entered decision 5 September 2016

Zone Medium Density Residential Zone

Zone precinct (if applicable) N/A

Decision type Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings (3 dwelling units)

4 BACKGROUND

There is no relevant background information for this development application.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

5 PROPOSAL

The proposed development is to establish a two (2) storey residential Multiple Dwelling consisting of three (3) units on the subject site. The proposed development will have a maximum building height of 6.9 metres from ground level to the uppermost projection.

The three (3) units have similar ground floor plan layouts comprising of two (2) covered car parking spaces, an outdoor private alfresco area, laundry and combined kitchen, dining and lounge area.

All proposed units have a similar first floor plan design comprising of three (3) bedrooms, bathroom and ensuite with the exception of proposed unit 1 and 2 which include an additional living room.

The proposal will facilitate two (2) covered car parking spaces per unit and an additional one (1) visitor car parking space.

The proposed development has a residential density of one (1) dwelling per 219.3m2, and site coverage of 58%.

The proposal is shown in the following plans.

Figure 1: Proposed Ground Floor Plan Layout

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Figure 2: Proposed First Floor Plan Layout

Figure 3: Proposed Indicative View of Proposal

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Figure 4: Proposed North and East Elevation Plans

6 SITE & ENVIRONMENT

6.1 Characteristics of site

The subject site is rectangular in shape and has an area of 658m2. The subject site has an approximate road frontage of 22 metres to Leyte Avenue.

The topography of the subject site is generally flat and is currently improved by a dwelling house, detached shed and pool. The subject site contains minimal landscaping treatment around the existing dwelling house. All vegetation will be removed and replaced to cater for the proposed development. Access to 16 Leyte Avenue, Palm Beach is gained via two (2) existing vehicular crossings.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Figure 5: Aerial View of Subject Site at 16 Leyte Avenue, Palm Beach

Figure 6: Street View of Subject Site at 16 Leyte Avenue, Palm Beach

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

6.2 Characteristics of surrounding environment

The subject site is located within the suburb of Palm Beach. The site is located within an area improved by dwelling houses, dual occupancies and multiple dwellings. 16 Leyte Avenue, Palm Beach is centrally located with close proximity to Palm Beach State High School and The Pines shopping centre. The site is within close proximity to the Pacific Motorway and access to public transport with bus routes going both north bound and south bound within 200 metres.

Figure 7: Aerial View of Subject Site and Surrounding Environment

The immediate vicinity of the subject site comprises of:

North: the northern property boundary adjoins 18 Leyte Avenue, Palm Beach. 18 Leyte Avenue, Palm Beach is improved by a two (2) storey Dual Occupancy.

Subject Site

Bus Stops

Pacific Motorway

Palm Beach State High School

The Pines

Multiple Dwelling Sites

Dual Occupancy Sites

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Figure 8: Street View of Neighbouring Premises at 18 Leyte Avenue, Palm Beach

East: the eastern property boundary adjoins Leyte Avenue. On the opposite side of Leyte Avenue is a combination of Dual Occupancies and Dwelling Houses.

Figure 9: Neighbouring Premises at 31 Leyte Avenue, Palm Beach

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Figure 10: Neighbouring Premises at 33 Leyte Avenue, Palm Beach

South: the southern property boundary adjoins a stormwater easement. Just south of the stormwater easement is 14 Leyte Avenue, Palm Beach. 14 Leyte Avenue, Palm Beach is currently improved by a Dual Occupancy.

Figure 11: Neighbouring Premises at 14 Leyte Avenue, Palm Beach

7 PLANNING ASSESSMENT

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

7.1 Assessment against City Plan

The proposed development seeks to establish a Multiple Dwelling, which triggers Code Assessment pursuant to the tables of assessment identified in the City Plan.

The definition of a Multiple Dwelling is as follows: Multiple Dwelling

‘Premises containing three or more dwellings for separate households.’

7.1.1 Assessment against the Strategic Framework

The proposed development complies with the purpose and overall outcomes outlined within the Medium Density Residential Zone Code and other applicable codes, therefore is considered to align with the intent, themes and outcomes of the Strategic Framework. A detailed assessment against the Strategic Framework is not required in this instance.

7.1.2 Assessment against the relevant Zone Code

The subject site is located in the Medium Density Residential Zone. The proposed Multiple Dwelling development will provide 3 dwelling units with a total of nine (9) bedrooms.

The purpose of the Medium Density Residential Zone is to provide for a range and mix of dwelling types including dwelling houses and multiple dwellings supported by Community uses and small-scale services and facilities that cater for local residents. An assessment of the application has identified that the following overall outcomes are applicable:

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

(a) “Land uses –

(i) include a range of medium density residential uses, predominantly permanent accommodation.

(ii) such as Multiple dwellings, Dual occupancies, Dwelling houses on small lots and Community residences are included in the zone to provide a mix of dwelling types and increase residential density;

(iii) including Relocatable home parks and Rooming accommodation may be included to deliver housing choice, providing they do not reduce the potential to supply a sufficient number of medium density residential dwellings and do not detract from the residential amenity of the area;

(iv) include neighbourhood centres and standalone small scale non-residential development consistent with the Strategic framework;

(v) which carry higher potential for impacts on amenity such as Car washes, Childcare centres, Health care services, Food and drink outlets, Service stations, Shops, Veterinary services, Community care centres, Educational establishments, and Places of worship may be considered if appropriately designed and located and not detract from the residential amenity of the area; and

(vi) involving tourist-related development such as Short-term accommodation and Tourist parks may be considered where they can be supported by City services. and do not compromise the amenity or character of the zone and local area.

(vii) do not detract from the residential amenity of the area.

(b) Housing is provided at a form, scale and intensity that is appropriate for the zone and each particular locality it is in where the following outcomes are satisfied:

Orderly and economically efficient settlement pattern

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

(i) degree of public transport service within a 400 metre walking distance, being the most desirable distance for pedestrian access, and the ease and safety of pedestrian access to that service;

(ii) proximity to major employment concentrations, centres, social and community infrastructure facilities and important amenity features, including the coast, recreational waterways and parkland;

(iii) capacity of available infrastructure to support the development, including water, sewer, transport and social and community facilities;

Housing needs

(iv) delivery of a generous mix of housing form, sizes and affordability outcomes that meet housing needs (including housing needs of the future) for the locality;

Design and amenity

(v) whether intended outcomes for building form/ city form and desirable building height patterns are negatively impacted, including the likelihood of undesirable local development patterns to arise if the cumulative effects of the development are considered;

(vi) retention of important elements of neighbourhood character and amenity, and cultural heritage;

(vii) whether adjoining residential amenity is unreasonably impacted;

(viii) achievement of a high quality urban design;

Environment

(ix) the impacts of any site constraints, including natural hazard and environmental-based constraints and;

(c) Character consists of –

(i) urban neighbourhoods that vary from pockets of detached housing on smaller lots to medium or higher intensity places containing medium-rise buildings;

(ii) well serviced and compact urban neighbourhoods that offer a level of amenity appropriate to the intensity of the area; and

(iii) walking and cycling paths, street trees and local streets for shared car and bike use.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

(d) Built form –

(i) has a building height that does not exceed that indicated on the Building height overlay map;

(ii) contributes to a transitioning density from lower intensity areas to higher intensity areas near centres, the high rise coastal spine and areas well serviced by public transport;

(iii) is setback from road frontages to promote an urban setting and interface with the street;

(iv) is setback from side and rear boundaries to protect the amenity of adjoining residences; and

(v) has varying site cover to reduce building dominance and provide areas for landscaping.

(e) Lot design –

(i) supports a mix and variety of housing forms envisaged in the zone; and

(ii) addresses site constraints.”

Officer’s comments:

The proposed development is considered to achieve the purpose of the Medium Density Residential Zone through demonstrated compliance with the overall outcomes, as detailed as follows:

Orderly and economic efficient settlement pattern

The development is considered to be adequately serviced by public transport with the northward heading bus stop located approximately 200 metres from the site and the southerly heading bus stop located approximately 260 metres from the site.

The subject site is centrally located with close proximity to the Palm Beach State High School (approximately 200 metres away) and The Pines shopping centre (approximately 300 metres away).

A review of the network capacity for sewer and water by Gold Coast Water has determined that the network has sufficient capacity to accommodate the development. Transport Assessment have reviewed the proposed development and are satisfied the development will not have an adverse impact on the existing traffic network.

Housing needs

The development proposes a medium density residential land use in the form of a Multiple Dwelling development that proposes a total of nine (9) bedrooms. The current streetscape has a mixture of single Dwelling Houses, Dual Occupancies and Multiple Dwellings. It is therefore considered that the proposal will provide diversity to the current character. Officers are satisfied the development complies with this outcome.

Design and amenity

Officers are satisfied that the building form and height complies with outcome (b)(v). The proposal has been assessed by Council’s Principal Architect and deemed to be acceptable. The Principle Architect provides the following comments:

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

“The design incorporates good building articulation with a number of geometric protrusions, feature wall panels, recessed wall planes and large amount of glazing that contributes to a visually appealing and high quality building.

The proposal commendably contains a variety of high quality materials, colours,

feature panel walls and screening elements resulting in a rich, vibrant design.

The proposal appears as a single dwelling from the street frontage and is in keeping with the character and scale of the area.

The ground floor incorporates an engaging street frontage to Leyte Avenue. The main

entrance provides appropriate activation and passive surveillance to the street.

Separate pedestrian entrances to each of the dwellings are recessed from the driveway with covered awnings over for weather protection.

The proposal incorporates usable private recreation space on the ground floor for the

amenity of residents that includes outdoor alfresco area and a good balance of softscape and hardscape materials.”

As such, it is considered that the development satisfies the design and amenity requirements.

Character

The desired character for the area has been set out by parameters of the City Plan, with the sites designation within the Medium Density Residential Zone, with a building height overlay of two (2) storeys, and a maximum building height of 9 metres. The proposal has a building height of 2 storeys, with a maximum building height of 6.9 metres. The residential density for the subject site is one (1) dwelling per 250m2. The proposal seeks to establish one (1) dwelling per 219.3m2. It is considered that the proposed increase in density is only minor and achieves a level of amenity that is appropriate to the intensity of the area.

Built form

The proposed development is compliant with the tests for built form, as it complies with the Performance Outcomes for building setbacks and height provisions outlined in the Zone Code.

Therefore, it is considered that the proposed Multiple dwelling development complies with the purpose and overall outcomes of the Medium Density Residential Zone Code.

Medium Density Residential Zone Code

The proposal complies with all of the zone code Acceptable Outcomes and Performance Outcomes, except as follows:

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Setbacks

Performance Outcome Acceptable Outcome

PO1- Setbacks:

a assist in the protection of adjacent amenity;

b allow for access around the building;

c contribute to the streetscape character; and

d allow for on-site car parking.

Officer’s Comments

Acceptable Outcome AO1 states that development must be setback a minimum of 4 metres from the front property boundary, 1.5 metres from the side and rear property boundaries for the ground floor, and 2 metres from the side and rear property boundaries for the first floor.

The applicant is proposing an alternative outcome seeking a build to boundary for a double carport within the front property setbacks, a reduced rear property boundary setback distance of 1.5 metres for the first level and reduced side property boundary setbacks to incorporate architecturally designed timber slats on the southern property boundary.

It is considered that the proposed alternative outcome will maintain consistency with the current local character in relation to matching similar carports that exist in the street.

The proposed build to boundary carport is considered to be acceptable as it allows for on-site car parking. The proposed carport is similar in design to existing carports within the streetscape.

The encroachment within the southern side property boundary is considered to have minimal impacts upon neighbouring properties, with the southern side property boundary adjoining a 6 metre wide stormwater easement.

The proposal is seeking a 1.5 metre setback from the rear property boundary setback for the first level. It is considered that the reduced setback is only minor (0.5 metres) allowing for access around the building and will not impact upon the amenity of the property to the rear of the site as no windows are being proposed within the encroachment.

In summary, it is considered that the proposed alternative outcome is appropriate and consistent with other buildings in the locality. The alterative outcome is considered to comply with Performance Outcome PO1 by assisting in the protection of adjacent amenity, allowing for access around the building, contribute to the streetscape and allow for on-site car parking.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Site Cover

Performance Outcome Acceptable Outcome

PO2 - Site Cover

a is balanced between built form and green areas for landscaped public open space;

b contributes to neighbourhood character and amenity;

c promotes slender bulk form;

d promotes an open, attractive and distinct skyline; and

e facilitates small, fast moving shadows.

Officer’s Comments

Acceptable Outcome AO2 states that site cover does not exceed a cumulative total of 50% of net site area up to 8 storeys therefore triggering an alternative outcome as the site coverage for the proposal is 379m2 (58%).

As previously discussed, the proposed development complies with the Intent of the zone by providing medium density accommodation for permanent residents in a location which has ready access to well established services and facilities.

The proposed development incorporates landscaping which will serve to soften the built form.

The design presents itself well to Leyte Avenue with a slender building form. Landscaping within the front of the subject site will serve to contribute to the neighbourhood character and amenity.

Council City Architects have assessed the proposal and have provided support in relation to the building design.

In summary, it is considered that the proposed site coverage is appropriate and consistent with other buildings in the locality and that the proposed building design would not result in a built form that is bulky or visually intrusive.

It is considered that the proposed site coverage complies with PO2.

Density

Performance Outcome Acceptable Outcome

PO5 – Density

For Dwelling houses density is one Dwelling house per lot.

OR

Density does not exceed that shown on Residential density overlay map.

OR

Where not identified on the overlay map, density does not exceed one dwelling per 400m2.

OR

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For Residential care facilities and Retirement facilities there is no performance outcome provided.

OR

For Rooming accommodation, accommodating more than four unrelated people, density does not exceed one bedroom per 133m2

Officer’s Comments

Acceptable Outcome AO2 states that there is no acceptable outcome provided.

The subject site is identified as having a density of one (1) dwelling per 250m2 (RD3) as identified on the residential density overlay map. The applicant seeks an alternative outcome, proposing a density of one (1) dwelling per 219.3m2. It is considered that the proposed increase in density is only minor and achieves a level of amenity that is appropriate to the intensity of the area.

It is considered that although the proposed density does not comply with Performance Outcome PO5, the proposal complies with the purpose and overall outcomes of the Medium Density Residential Zone by providing housing opportunities in a form, scale and intensity that is appropriate and consistent with development within the streetscape. The proposed intensity is also serviced by a suitable level of infrastructure, with sewer, gold coast water and stormwater services available.

It should also be noted that the proposed density is consistent with the character of the area with similar multiple dwellings already constructed.

7.1.3 Assessment against the relevant overlay codes

The proposed development is required to be assessed against the following overlay codes:

Airport Environs Overlay Code; and

Flood Overlay Code

The proposed development has been assessed against the above mentioned Overlay Codes, in which Council officers considers the development to comply with the applicable Acceptable Outcomes.

7.1.4 Assessment against the relevant development codes

The proposed development is required to be assessed against the following development codes:

Multiple Accommodation Code;

Transport Code;

Driveways and Vehicular Crossings Code;

General Development Provisions Code; and

Solid Waste Management Code

Multiple Accommodation Code

The application complies with the purpose and the overall outcomes of the Multiple Accommodation Code for the reasons discussed in detail below:

Purpose

“The purpose of the Multiple Accommodation Code is to encourage high quality, attractive, well designed developments that promote a high standard of living for residents and makes a positive contribution to the character of the city.”

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Officer’s comments

The development is designed and sited to create an attractive streetscape using high quality materials which is visually complementary to the surrounding character of the area. The building design and appropriateness has been discussed in detail previously herein when addressing the Medium Density Residential Zone Code.

Outcome

a) Development is designed to create attractive, high-quality visually appealing buildings and protect the privacy and amenity of neighbouring residential premises.

Officer’s comments

The development is designed and sited to create an attractive streetscape with a slender building form and landscaping to soften the impacts of the built form, to protect the privacy and amenity of neighbouring residential properties.

Outcome

b) Development is designed and orientated to promote a safe environment within the site, adjoining streets and public realm.

Officer’s comments

The development is designed and oriented to address Leyte Avenue visually, which includes direct vehicle access via two (2) vehicular crossovers onto Leyte Avenue.

Outcome

c) Development is complemented by high-quality landscaping that contributes to the desired character of the area.

Officer’s comments

A detailed Landscape plan has been provided with the application which has been assessed and accepted by Council’s Landscape Assessment officers.

Outcome

d) Development is designed to promote safe and convenient pedestrian and vehicle access to and from the site.

Officer’s comments

For reasons previously discussed above in outcomes (b) the development is designed and oriented to address Leyte Avenue visually.

Council’s Transport Assessment officers have reviewed the proposed traffic impact assessment and it is considered worthy of approval.

Outcome

e) Development supports the provision of diversity of housing for various types of households within the city to meet the needs of existing and future residents.

Officer’s comments

The development contributes to a diversity of housing types, specifically with regards to unit sizes, which will meet the city’s existing and future residential needs.

Outcome

f) Development is designed to add visual interest to the streetscape and contribute positively to the local and wider city character and image.

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Officer’s comments

The development has been assessed by Council’s City Architect. Council’s City Architect supports the proposed building design as it is of a high architectural standard that will positively add visual interest to the streetscape character of Leyte Avenue.

Outcome

g) Multiple dwellings, Short-term accommodation, Resort complexes, Residential care, Retirement facilities and Rooming accommodation uses up to 32 metres in height, promote a high standard of living and care for residents through their design, recreation facilities and location.

Officer’s comments

The development is of a high architectural standard that will positively contribute to the future residents and will have minimal negative amenity impacts on the existing residents surrounding the development.

Transport Code

The purpose of the Transport code is to ensure transport needs associated with the development of land are met. The purpose of the code will be achieved through the following overall outcomes:

a.) Development – (i) ensures that onsite access and parking, manoeuvring and servicing areas are

designed to result in a pedestrian focussed environment and promote a high quality public realm.

b.) To provide an integrated transport system that – (i) is convenient, efficient and flexible, being able to accommodate major events

and provide a high level of connectivity between all activity centres, urban neighbourhoods, mixed use and industrial areas, inclusive of all modes, including active transport networks;

(ii) supports well designed urban development, which is concentrated within activity centres and urban neighbourhoods, that is easy to access via frequent public transport, walking and cycling, thereby reducing the need to travel by car;

(iii) supports community and privately operated transport services as viable alternatives to the private car;

(iv) reduces congestion and car dependency and significantly increases levels of walking, cycling and public transport use; and

(v) ensures existing and future transport corridors are protected. c.) To provide active transport networks that –

(i) are direct, safe, pleasant and comfortable to make walking and cycling an attractive alternative to the car;

(ii) ensure development within centres and urban neighbourhoods, including the light rail corridor have access to high quality active transport infrastructure including paths, bicycle parking and end of trip facilities;

(iii) are directly connected to local attractions and services; (iv) are clear and easily accessed; and (v) ensure the active transport infrastructure are completed in the early stages

of development. d.) To provide public transport networks that –

(i) are of a standard and quality to provide an attractive alternative to the car;

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(ii) ensure district and regional level community uses are within walking distance of public transport facilities; and

(iii) are clear and easily accessed. e.) To provide a road network that:

(i) is developed and managed efficiently and meets the city’s needs for the movement of people and goods, and can be safely shared by all users;

(ii) ensures development impacts on amenity caused by traffic is consistent with the community’s reasonable expectations for the intended use;

(iii) develops local road networks that are permeable and legible to facilitate a high level of connectivity, are safe and are shared with active and public transport;

(iv) ensures developments are designed for safe and efficient waste collection, carried out with minimal disruption or impact to the road network; and

(v) Development within the Coomera Town Centre area provides an integrated network of predominantly public streets to ensure efficient movement of pedestrians, cyclists, vehicles and strong public transport connections in accordance with strategic framework map 8.

f.) Major freight corridors and haulage routes: (i) are protected from incompatible uses and ensure their safe and efficient

operation. g.) Navigable waterways:

(i) support active and public transport facilities in waterfront locations for public water transport and enhance access to the city’s waterways.

The proposal is considered to comply with the purpose and overall outcomes of the Transport Code. The proposal complies with the relevant Performance Outcomes except as follows:

Car Parking

Performance Outcome Comments

PO1– Car Parking

Development provides off-street car parking to accommodate for the parking demand. OR Where located in the Centre zone or the Southport Priority Development Area at rates that: (a) reduce congestion and car dependency; (b) maximise the efficiency of car parking provided; and (c) encourage alternative transport options such as walking, cycling and the use of public transport.

Officer’s Comments

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Acceptable Outcome AO1 of the Transport Code requires the proposal to provide a total of five (5) car parking spaces for residents and a total of three (3) car parking spaces for visitors. The applicant seeks an alternative outcome with two (2) car parking spaces per dwelling unit and one (1) visitor parking space. The proposed alternative outcome results in a shortfall of two (2) visitor spaces. However, the proposed alternative outcome is considered to achieve Performance Outcome PO1 as the development provides a total of six (6) car parking spaces for residents (which is one (1) more than required by the Acceptable Outcome AO1), one (1) on-site visitor car parking space and one (1) car parking space on Leyte Avenue.

In total, the proposed development is required to facilitate eight (8) car parking spaces, whereas the proposal facilitates a total of seven on-site (7) car parking spaces, and one (1) parking space on Leyte Avenue.

It is therefore considered that although there is a shortfall of two (2) visitor car parking spaces, an additional car parking space has been provided for the residents, resulting in a shortfall of one (1) space. The proposal can facilitate an additional car parking space on Leyte Avenue between the two (2) proposed vehicular crossings. It is therefore considered that the proposed alterative outcome achieves Performance Outcome PO1 of the Transport Code.

7.2 Assessment against the State Planning Policy

The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended July 2014) to simplify and clarify matters of state interest in land use planning and development. It is considered that the provisions of the SPP have been appropriately reflected within the requirements of the City Plan. No specific provisions of the SPP affect Council’s assessment of the proposed development.

7.3 Assessment against the State Planning Regulatory Provisions

The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion.

The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposal is considered to comply with the objectives of the South East Queensland Regional Plan.

7.4 Assessment of development infrastructure requirements

The cost for providing development infrastructure is to be shared between the proponent and Council.

Pursuant to section 635 of the Sustainable Planning Act 2009 (SPA), Council is able to levy from proponents a charge for the provision of trunk development infrastructure.

However, where trunk infrastructure is required and provided by a proponent, section 649 of the SPA requires the proposed infrastructure charge to be discounted by the establishment cost for providing the required infrastructure.

In addition, if the establishment cost for providing the required infrastructure is greater than the proposed infrastructure charge, section 649 of SPA also requires Council to pay the

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proponent the difference between what the infrastructure charge could be and the establishment cost of providing the required infrastructure.

The estimated infrastructure charge applicable to the proposed development, excluding the provision of any trunk infrastructure by the proponent is $56,000.00.

8 CONSULTATION

8.1 Internal Referrals

The application was referred to the following internal City specialists:

Health and Regulatory Services;

Transport Impact Assessment;

Subdivision Engineer;

City Architect;

Gold Coats Water;

City Assets;

Plumbing and Drainage;

Hydraulics and Water Quality Engineer; and

Landscape Assessment

Their assessment of the application forms part of this report and is recommended conditions are included within this report.

Internal Referrals Comments and/or Conditions

11.1 Health and Regulatory Services

Conditions relating to the following were recommended:

Wheelie bins storage point

11.2 Transport Assessment

Conditions relating to the following were recommended:

Off-street parking facilities

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11.3 Subdivision Engineering

Conditions relating to the following were provided:

Telecommunications

11.4 Architect Conditions relating to the following were provided:

Screening of air-conditioning units

11.5 Gold Coast Water

Conditions relating to the following were provided:

Sewerage reticulation;

Design, construction and standard of sewer reticulation;

Connection point;

Operational work (works for infrastructure) application required;

Non – trunk sewer infrastructure works;

redundant sewer property connections;

Connection and disconnection – arrangements with Gold Coast Water;

Completion of external connections;

Ownership, operation and maintenance of private sewerage infrastructure;

Water supply reticulation (potable only);

Design, construction and standard of water supply reticulation;

Connection point;

Installation of property service, water meter box and meter;

Individual sub-metering to be provided;

Connection and disconnection – arrangements with Gold Coast Water;

Supply standard;

Fire loading; and

Ownership, operation and maintenance of private water infrastructure

11.6 City Assets Conditions relating to the following were provided:

Vehicular crossings;

Redundant vehicular crossings;

Reconstruction of kerb and channel / footpath;

Removal of redundant stormwater kerb adaptors / service pits; and

Connection to, alteration or realignment of Council infrastructure

11.7 Plumbing and Drainage

Conditions relating to the following were provided:

Compliance Permit for sewerage works; and

Compliance Permit for water supply;

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11.9 Hydraulics and Water Quality

Conditions relating to the following were provided:

No loss of floodplain storage;

No worsening of hydraulic conditions;

Alteration of overland flow paths;

Erosion and sediment control;

Flood management (evacuation & emergency situation); and

Building floor levels

11.11 Landscape Assessment

Conditions relating to the following were provided:

Detailed landscape plan to be submitted for approval

8.2 External Referrals

8.2.1 Concurrence agencies

Not applicable as the application was subject to Code Assessment.

8.2.2 Advice agencies

The application was referred to Energex Limited as an Advice Agency as the proposed development is situated within 100 metres of a substation site. On 15 August 2016, Council received a response form Energex Limited advising of no objection to the proposed development.

8.3 Public Notification

Not applicable.

9 CONCLUSION

After a detailed assessment of the proposed development, it has been determined the proposed development complies with the Purpose and Overall Outcomes of the relevant Codes. Alternative Outcomes have been assessed and are determined to satisfy the Performance Outcome or the Purpose and Overall Outcomes of the relevant codes.

It is recommended the application be approved, subject to conditions.

10 NOTIFICATIONS

Not applicable.

11 RECOMMENDATION

It is recommended that Council resolves as follows:

Real property description Lot 477 on RP89779

Address of property 16 Leyte Avenue, Palm Beach

Area of property 658m2

Decision type Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings (3 units)

Further development permits Vehicular Crossing, Landscaping Works, Building Permit

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Further compliance permits Sewerage work, Water supply works

Compliance assessment required for documents or works

-

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings (3 units), subject to the following conditions:

APPROVED DRAWINGS

1 Development to be generally in accordance with specified plans/drawings

The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice.

Plan No. Rev. Title Date Prepared by

JCD-LEY-100 D Site Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-200 D Ground Floor Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-201 D First Floor Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-300 D Elevations Sheet 1 20/09/16 Qubd Sustainable Design

JCD-LEY-301 D Elevations Sheet 2 20/09/16 Qubd Sustainable Design The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

2 Changes requiring further approval

Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows:

Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required.

Information note:

The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Timing

At all times.

3 Decision notice and approved plans/drawings to be submitted with subsequent application

A copy of this decision notice and accompanying stamped

Timing

As indicated within the wording of the

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approved plans/drawings must be submitted with any building development application relating to or arising from this development approval.

condition.

AMENITY

4 Air conditioning units

Ensure all air conditioning units are located discretely and are a screened from view. Ensure screening elements form part of the overall architectural language.

Timing

As indicated within the wording of the condition.

CAR PARKING AND ACCESS

5 Off street car parking facilities

a Off-street car parking facilities must be designed, constructed and maintained in accordance with AS2890.1 (latest version).

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

c A minimum of 7 car parking spaces must be provided on the site, comprising:

i. 6 resident spaces; and

ii. 1 visitor spaces.

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

Timing

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

VEHICULAR CROSSINGS AND DRIVEWAYS

6 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 Multiple Dwelling

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 Council

Timing

Prior to commencement of the use on the site.

7 Redundant vehicular crossings

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

Timing

Prior to the commencement of the use.

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ROAD RESERVE ALTERATIONS/RECONSTRUCTION

8 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 Leyte Avenue to meet the requirements of City Plan Policy– Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

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

Timing

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

9 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 premises.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

10 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 – Land Development Guidelines, Standard Specifications and Drawings;

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

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

iv Submit ‘As Constructed’ data in accordance with

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.

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City Plan Policy – Land Development Guidelines, Standard Specifications and Drawings.

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

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

HYDRAULICS AND STORMWATER MANAGEMENT

11 No loss of floodplain storage

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.

Timing

At all times.

12 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.

Timing

At all times.

13 Alteration of overland flow paths

Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing

At all times.

14 Building floor levels

a Building floor levels of habitable rooms must be at least 300mm above the Council's designated flood level.

b Building floor levels of garages and non-habitable rooms, constructed at approximately the same level as

Timing

At all times.

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the main dwelling and attached to the main dwelling, must be at or above the designated flood level.

15 Flood management (evacuation & emergency situation)

a The owner/occupants shall take necessary measures to evacuate the residents/occupants of the property into a safe place during a range of flood events including and up to the designated flood event.

b The proposed development shall ensure no additional burden on SES and Council’s emergency service during the major flood events.

Timing

At all times.

16 Erosion and sediment control

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

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

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

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

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

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

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or 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.

Timing During construction / building works.

LANDSCAPE WORKS ON PRIVATE LAND

17 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).

Timing

Approval of proposed landscape work must be obtained prior to the earlier of the

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b Without limiting the requirements of the planning scheme’s City Plan Policy – Landscape Work, 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: drawing no Figure 1-3, rev issue B, title: Statement of Landscape Intent, date: SEPTEMBER 2016, prepared PLANIT Consulting and any amendments included in drawing JCD-LEY-200, rev no D, title Ground Floor Plan, date 20.09.16, prepared by Qubd;

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

iv Comply with City Plan Policy – Landscape Work; and

v Demonstrate compliance with the following:

A Frontage deep planting zones must include three trees in total .Tree species must be evergreen canopy trees and a minimum bag size of 100 litre at the time of planting;

B Large feature tree must a minimum bag size of 200 litre at the time of planting;

C Bambusa species must be substituted with a screening shrub species that can attain a height between 3-5 metres at full maturity;

D Unless otherwise specified in these conditions, all other tree species must be evergreen canopy trees with a minimum bag size of 100 litre at the time of planting;

E Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan;

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

G Unless otherwise specified in these conditions shrub species must be a minimum 200mm pot size at the time of planting.

commencement of operational works (landscaping) or the issue of a certificate of classification.

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ELECTRICAL RETICULATION

18 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.

PLUMBING AND DRAINAGE

19 Application for compliance permit for sewerage works required

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

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

Information note:

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

Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.

Timing

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

20 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

Timing

Prior to works occurring.

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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

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.

WASTE

21 Wheelie bins – external common wheelie bin storage point/s

The common wheelie bin storage point/s must be located in accordance with ‘Ground Floor Plan’ prepared by ‘Qubd dated 15/7/16 (Drawing No. JCD-LEY-200 rev B). The design and construction of the storage point/s 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 Minimum area of 1m2 per wheelie bin, with additional adequate storage for recyclable waste.

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 Store no more than five (5) general bins and five (5) recyclable bins

Timing

Prior to commencement of the use.

SEWERAGE

22 Sewer reticulation

a The development must be connected to Council’s sewer reticulation system at no cost to Council.

b The size of the sewer property service connection shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

c The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

Timing

Prior to commencement of the use of the premises.

23 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water

Timing

At all times.

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Supply and Sewerage Design and Construction Code (SEQ D&C Code).

24 Connection point

The applicant must comply with one of the following sewer connection arrangements below, i.e. Option 1, Option 2 or Option 3:

Option1

a The existing maintenance hole MH 2/1610 located at the north eastern corner of Lot 461 on RP89779 must be used as the connection point, unless otherwise approved by Gold Coast Water.

i The applicant is required to obtain a written consent from the neighbouring property owner(s) at 23 Laguna Avenue (Lot 461 on RP89779) for the required works/construction within their for a new sewer connection to Council’s sewer network.

OR

Option 2

b Where written consent (Option 1) is not feasible, the existing maintenance hole MH 2/1610 located at the north eastern corner of Lot 461 on RP89779 must be used as the connection point, unless otherwise approved by Gold Coast Water.

i The applicant is required to submit an application for Operational works and complete a “Home Owners Application for Work on the City’s Infrastructure” form for Council’s review and approval. Refer to Condition below i.e. “Operational work (works for infrastructure) application required” sub-point ‘a’.

OR

Option 3

The existing sewer maintenance hole MH 4/1607 in Leyte Avenue must be used as the connection point, unless otherwise approved by Gold Coast Water.

Timing

Prior to commencement of the use of the premises.

25 Non – trunk sewer infrastructure works

Should the applicant wishes to connect to the existing sewer maintenance hole MH 4/1607 in Leyte Avenue.

a The applicant is required to construct a 150mm sewer main from the existing sewer maintenance hole MH 4/1607 in Leyte Avenue up to the south eastern corner boundary of the development site, at no cost to Council.

Timing

Prior to commencement of the use of the premises.

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This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

26 Operational work (works for infrastructure) application required

The applicant is required to submit an Operational work (works for infrastructure) application for utilising connection points Option 2 (sub-point ‘b’) and Option 3 (sub-point ‘c’) as described in the above condition “Connection point”. The operational works application requirements for each connection point is as follows:

a For connection point “Option 2” (sub-point ‘b’):

i The applicant must obtain a development permit for operational work for the replacement of the existing 100 mm sewer connection with a new 150 mm diameter sewer connection at the sewer maintenance hole 2/1610 located in 23 Laguna Avenue.

ii The applicant must submit a “Home Owners Application for Work on the City’s Infrastructure” to Council for Council to enter and undertake the connection work on behalf of the applicant, at no cost to Council.

Advice Note: The above permit and application is required so Gold Coast Water can provide an accurate quote for the upgrade of the new connection to the applicant. The works and any associated fees, charges or expenses are to be at the applicant’s cost.

b For connection point “Option 3”:

The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing

Prior to works occurring.

27 Redundant Sewer Property Connections

The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing

Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises.

28 Connection and disconnection – arrangements with Gold Coast Water

Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold

Timing

Prior to connection and/or disconnection to existing infrastructure.

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Coast Water (phone 1300 694 222).

29 Completion of external connections

All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.

Timing

Prior to commencement of the use of the premises.

30 Ownership, operation and maintenance of private sewerage infrastructure

Private sewer reticulation located within the development site shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing

At all times.

WATER SUPPLY RETICULATION

31 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s potable water supply reticulation system.

Timing

Prior to commencement of the use of the premises.

32 Design, construction and standard of water supply reticulation

The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing

At all times.

33 Connection point

The existing 100mm main in Leyte Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.

Timing

Prior to commencement of the use of the premises.

34 Installation of property service, water meter box and meter

The applicant must:

a Submit an Operational Works (OPW) application, for Council’s approval, for water meters 100mm and above;

b Following approval of the OPW (if required), make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

Timing

Prior to commencement of the use of the premises.

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i The property service, water meter box and water meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicants cost. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

35 Individual sub-metering to be provided

The applicant shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.

a All meters and their locations shall be approved by Plumbing and Drainage.

b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided.

c Must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing

At the time of lodgement of the Plumbing and Drainage application.

36 Connection and disconnection – arrangements with Gold Coast Water

Any connections and disconnections to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection and/or disconnection to existing infrastructure.

37 Supply standard

The applicant must provide water supply to the standard specified in Council’s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing

At all times.

38 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing

At all times.

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39 Ownership, operation and maintenance of private water infrastructure

Private water reticulation located within the development site (including private booster pump) shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing

At all times

ADVISORY NOTES TO APPLICANT

B Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

C Referral agencies

The referral agencies (and their addresses) for the application are listed below.

Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction

Advice Agency Energex

GOP Box 1461

BRISBANE QLD 4001

A material change of use not associated with reconfiguring a lot if any of the premises is situated within 100m of a substation site.

D Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee.

E Applicant responsibilities

The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws.

Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for:

a Obtaining all other/further necessary approvals, licences, permits, resource

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entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval);

d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes;

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.

F 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.

G 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

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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].

H Infrastructure charges

Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

Author: Authorised by: Katelyn Wright Alisha Swain Planning Officer Acting Director Planning and Environment October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1 Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to parties associated with the application, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Gates remained in the room. COMMITTEE RECOMMENDATION CP16.1026.001 moved Cr Owen-Jones seconded Cr Vorster Real property description Lot 477 on RP89779

Address of property 16 Leyte Avenue, Palm Beach

Area of property 658m2

Decision type Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings (3 units)

Further development permits Vehicular Crossing, Landscaping Works, Building Permit

Further compliance permits Sewerage work, Water supply works

Compliance assessment required for documents or works

-

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use (Code Assessment) for Multiple Dwellings (3 units), subject to the following conditions:

APPROVED DRAWINGS

1 Development to be generally in accordance with specified plans/drawings

The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice.

Plan No. Rev. Title Date Prepared by

JCD-LEY-100 D Site Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-200 D Ground Floor Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-201 D First Floor Plan 20/09/16 Qubd Sustainable Design

JCD-LEY-300 D Elevations Sheet 1 20/09/16 Qubd Sustainable Design

JCD-LEY-301 D Elevations Sheet 2 20/09/16 Qubd Sustainable Design The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1 2 Changes requiring further approval

Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows:

Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required.

Information note:

The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Timing At all times.

3 Decision notice and approved plans/drawings to be submitted with subsequent application

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

Timing As indicated within the wording of the condition.

AMENITY

4 Air conditioning units

Ensure all air conditioning units are located discretely and are a screened from view. Ensure screening elements form part of the overall architectural language.

Timing As indicated within the wording of the condition.

CAR PARKING AND ACCESS

5 Off street car parking facilities

a Off-street car parking facilities must be designed, constructed and maintained in accordance with AS2890.1 (latest version).

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

c A minimum of 7 car parking spaces must be provided on the site, comprising:

i. 6 resident spaces; and

ii. 1 visitor spaces.

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

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

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VEHICULAR CROSSINGS AND DRIVEWAYS

6 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 Multiple Dwelling

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 Council

Timing Prior to commencement of the use on the site.

7 Redundant vehicular crossings

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

Timing Prior to the commencement of the use.

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

8 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 Leyte Avenue to meet the requirements of City Plan Policy– Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

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

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

9 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 premises.

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ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

10 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 – Land Development Guidelines, Standard Specifications and Drawings;

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

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

iv Submit ‘As Constructed’ data in accordance with City Plan Policy – Land Development Guidelines, Standard Specifications and Drawings.

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

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

HYDRAULICS AND STORMWATER MANAGEMENT

11 No loss of floodplain storage

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.

Timing At all times.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1 12 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.

Timing At all times.

13 Alteration of overland flow paths

Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing At all times.

14 Building floor levels

a Building floor levels of habitable rooms must be at least 300mm above the Council's designated flood level.

b Building floor levels of garages and non-habitable rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level.

Timing At all times.

15 Flood management (evacuation & emergency situation)

a The owner/occupants shall take necessary measures to evacuate the residents/occupants of the property into a safe place during a range of flood events including and up to the designated flood event.

b The proposed development shall ensure no additional burden on SES and Council’s emergency service during the major flood events.

Timing At all times.

16 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

Timing During construction / building works.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

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

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

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

LANDSCAPE WORKS ON PRIVATE LAND

17 Detailed landscape plan to be submitted for approval

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

b Without limiting the requirements of the planning scheme’s City Plan Policy – Landscape Work, 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: drawing no Figure 1-3, rev issue B, title: Statement of Landscape Intent, date: SEPTEMBER 2016, prepared PLANIT Consulting and any amendments included in drawing JCD-LEY-200, rev no D, title Ground Floor Plan, date 20.09.16, prepared by Qubd;

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

iv Comply with City Plan Policy – Landscape Work; and

v Demonstrate compliance with the following:

A Frontage deep planting zones must include three trees in total .Tree species must be evergreen canopy trees and a minimum bag size of 100 litre at the time of planting;

B Large feature tree must a minimum bag size of 200 litre at the time of planting;

C Bambusa species must be substituted with a screening shrub species that can attain a

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.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

height between 3-5 metres at full maturity;

D Unless otherwise specified in these conditions, all other tree species must be evergreen canopy trees with a minimum bag size of 100 litre at the time of planting;

E Tree species planted with root zones adjacent to structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan;

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

G Unless otherwise specified in these conditions shrub species must be a minimum 200mm pot size at the time of planting.

ELECTRICAL RETICULATION

18 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.

PLUMBING AND DRAINAGE

19 Application for compliance permit for sewerage works required

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

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

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

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

Information note:

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

Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.

20 Application for compliance permit for water supply 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

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.

Timing Prior to works occurring.

WASTE

21 Wheelie bins – external common wheelie bin storage point/s

The common wheelie bin storage point/s must be located in accordance with ‘Ground Floor Plan’ prepared by ‘Qubd dated 15/7/16 (Drawing No. JCD-LEY-200 rev B). The design and construction of the storage point/s 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 Minimum area of 1m2 per wheelie bin, with additional adequate storage for recyclable waste.

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 Store no more than five (5) general bins and five (5)

Timing Prior to commencement of the use.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

recyclable bins

SEWERAGE

22 Sewer reticulation

a The development must be connected to Council’s sewer reticulation system at no cost to Council.

b The size of the sewer property service connection shall be a minimum 150mm in accordance with Section 4.5.4 of the SEQ Sewerage Design & Construction Code (SEQ D&C Code).

c The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

Timing

Prior to commencement of the use of the premises.

23 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

24 Connection point

The applicant must comply with one of the following sewer connection arrangements below, i.e. Option 1, Option 2 or Option 3:

Option1

a The existing maintenance hole MH 2/1610 located at the north eastern corner of Lot 461 on RP89779 must be used as the connection point, unless otherwise approved by Gold Coast Water.

i The applicant is required to obtain a written consent from the neighbouring property owner(s) at 23 Laguna Avenue (Lot 461 on RP89779) for the required works/construction within their for a new sewer connection to Council’s sewer network.

OR

Option 2

b Where written consent (Option 1) is not feasible, the existing maintenance hole MH 2/1610 located at the north eastern corner of Lot 461 on RP89779 must be used as the connection point, unless otherwise approved by Gold Coast Water.

i The applicant is required to submit an application for Operational works and complete a “Home Owners Application for Work on the City’s

Timing

Prior to commencement of the use of the premises.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

Infrastructure” form for Council’s review and approval. Refer to Condition below i.e. “Operational work (works for infrastructure) application required” sub-point ‘a’.

OR

Option 3

The existing sewer maintenance hole MH 4/1607 in Leyte Avenue must be used as the connection point, unless otherwise approved by Gold Coast Water.

25 Non – trunk sewer infrastructure works

Should the applicant wishes to connect to the existing sewer maintenance hole MH 4/1607 in Leyte Avenue.

a The applicant is required to construct a 150mm sewer main from the existing sewer maintenance hole MH 4/1607 in Leyte Avenue up to the south eastern corner boundary of the development site, at no cost to Council.

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing

Prior to commencement of the use of the premises.

26 Operational work (works for infrastructure) application required

The applicant is required to submit an Operational work (works for infrastructure) application for utilising connection points Option 2 (sub-point ‘b’) and Option 3 (sub-point ‘c’) as described in the above condition “Connection point”. The operational works application requirements for each connection point is as follows:

a For connection point “Option 2” (sub-point ‘b’):

i The applicant must obtain a development permit for operational work for the replacement of the existing 100 mm sewer connection with a new 150 mm diameter sewer connection at the sewer maintenance hole 2/1610 located in 23 Laguna Avenue.

ii The applicant must submit a “Home Owners Application for Work on the City’s Infrastructure” to Council for Council to enter and undertake the connection work on behalf of the applicant, at no cost to Council.

Advice Note: The above permit and application is required so Gold Coast Water can provide an accurate quote for the upgrade of the new connection to the applicant. The works and any associated fees, charges or expenses are to be at the applicant’s cost.

Timing Prior to works occurring.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

b For connection point “Option 3”:

The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

27 Redundant Sewer Property Connections

The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of the use of the premises.

28 Connection and disconnection – arrangements with Gold Coast Water

Any connections and disconnections to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection and/or disconnection to existing infrastructure.

29 Completion of external connections

All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.

Timing

Prior to commencement of the use of the premises.

30 Ownership, operation and maintenance of private sewerage infrastructure

Private sewer reticulation located within the development site shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing At all times.

WATER SUPPLY RETICULATION

31 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s potable water supply reticulation system.

Timing

Prior to commencement of the use of the premises.

32 Design, construction and standard of water supply reticulation

The design, construction and standard of the required water

Timing

At all times.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

33 Connection point

The existing 100mm main in Leyte Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.

Timing

Prior to commencement of the use of the premises.

34 Installation of property service, water meter box and meter

The applicant must:

a Submit an Operational Works (OPW) application, for Council’s approval, for water meters 100mm and above;

b Following approval of the OPW (if required), make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

i The property service, water meter box and water meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

c Make application for Gold Coast Water to remove any redundant water meters and/or services, at the applicants cost. Removal must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing

Prior to commencement of the use of the premises.

35 Individual sub-metering to be provided

The applicant shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.

a All meters and their locations shall be approved by Plumbing and Drainage.

b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided.

c Must comply with Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing At the time of lodgement of the Plumbing and Drainage application.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1 36 Connection and disconnection – arrangements with Gold

Coast Water

Any connections and disconnections to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection and/or disconnection to existing infrastructure.

37 Supply standard

The applicant must provide water supply to the standard specified in Council’s Land Development Guidelines and Gold Coast Waters Network Modifications, Extension and Connections Policy Procedure.

Timing

At all times.

38 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing

At all times.

39 Ownership, operation and maintenance of private water infrastructure

Private water reticulation located within the development site (including private booster pump) shall be owned, operated and maintained by the Principal Body Corporate/owners.

Timing At all times

ADVISORY NOTES TO APPLICANT

B Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

C Referral agencies

The referral agencies (and their addresses) for the application are listed below.

Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction

Advice Agency Energex GOP Box 1461 BRISBANE QLD 4001

A material change of use not associated with reconfiguring a lot if any of the premises is situated within 100m of a substation site.

D Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

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.

E Applicant responsibilities

The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws.

Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for:

a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval);

d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes;

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.

F 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

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ITEM 1 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (3 DWELLING UNITS) - 16 LEYTE AVENUE, PALM BEACH – DIVISION 13 PN23593/01/DA1

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.

G 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].

H Infrastructure charges

Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

CARRIED Cr Gates voted in the positive. RESOLUTION G16.1031.014 moved Cr Caldwell seconded Cr Vorster That Committee Recommendation CP16.1026.001 be adopted as printed in the City Planning Report. A division was called. For 13 Cr Owen-Jones, Cr PJ Young, Cr Caldwell, Cr Vorster,

Cr Crichlow, Cr Baildon, Cr O’Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr Tate

Against 2 Cr Tozer, Cr McDonald Abstained 0 Absent 0

CARRIED by SUPER MAJORITY

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Attachment 1.1

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-100

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

Site PlanInitial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

3.96 m2 11.91 m2

21.65 m2

11.65 m2

23.47 m2

6.43 m2

16.92 m2

15.46 m2

N

TMH

WM

1 .9 8

1 .8 8

2.02

2 .0 5

1.942.001 .93

1.97

1 .92

2 .04

2 .04

2.26

2.16

2 .11 2.052 .01

2.092.07

1 .98

2.00

L E Y T EA V E N

U E

PATHWAY21.795

178 °57'15"

30.208 268°57'15"

21.795358 °57'15"

30.20888°57'15"

2.00

2.00

1 in 8 12.5% fall

Fall 1 in 30

Saw cut existingK&C - 50 mindepth at invert -break out andremove back of K&C

Control joint125 Thick reinforcedconcrete crossing withSL72 mesh sand blindinglayer 30 max.

Fall 1 in 40

South Driveway Section

ExistingGutter

FFL 2.270 FFL 2.020

125 Thick reinforcedconcrete crossing withSL72 mesh sand blindinglayer 30 max.

Saw cut existingK&C - 50 mindepth at invert -break out andremove back of K&C

Fall 1 in 20

Control joint

1 in 8 12.5% fall

Fall 1 in 40

North Driveway Section

ExistingGutter

FFL 2.570FFL 2.020

500

4,00

050

02,

0003,734

1,500 1,500

4,00

0

Total GFA (Incl Garage)186 sqms

Letterboxes

FFL 2.720

Fall 1 in 16

2.11

Visitor Space

500

4,00

050

0

3,7341,800

1,500

5,38

8

LEYT

E A

VE.Exposed

AggregateDriveway

1.97New 1800 high screening battens on posts

scale

0m 2m 8m 12m

1:200@ A3

Landscape vegetation to be nonbird attracting species asrequired by Overlay Map 8E

New vehicle crossovers as perGCCC requirements.Vehicular crossing - LowDensity Residential.Drawings 05-02-302, 05-03-303

Exposed aggregateconcrete drivewayand paths

RPD:Lot 499 on RP89779Parish of TallebudgeraCounty of Ward

CONSTRUCTION NOTES:Cut & Fill - Minor to match current building levelsDemolition - Currently house to be demolished with clean site. Please provide aquote for the demolition works as a separable portion.Waste Management - During construction, any Recycling, sorting and constructionmaterials waste bins must be contained within the boundaries of the site.Sediment Control - to be implemented before any site earthworks. Sediment fences,drainage/erosion paths, accesses, stockpiles will be maintained and protectedthroughout the specified building period.Materials - Delivery storage areas will be contained within the boundaries of the site.Parking - Public parking for workers is available on the adjacent streets.Additional Buildings - Site toilet by BuilderSERVICES NOTES:Electricity - connect to existing power mains. EM to be located on the main housewallPhotovoltaics - NA.Telephone- Connect to Telstra main linesGas- TBC. Any gas on site to be installed to AS1596 and the relevant authoritiesrequirementsSewer - Connect to sewer mainsWater - Connect to mains waterStormwater - Connected to existing stormwater

Site Area: 658 sqmsSite Coverage: 379 sqms - 58%

Unit 1 (East)Ground Floor (inc. Garage): 117.6 sqmsFirst Floor: 67.8 sqmsTotal Unit A GFA: 185 sqmsPrivate Open Space: 58 sqms

Unit 2 (Central)Ground Floor (inc. Garage): 96.5 sqmsFirst Floor: 100.1 sqmsTotal Unit A GFA: 196.6 sqmsPrivate Open Space: 24 sqms

Unit 3 (West)Ground Floor (inc. Garage): 94.4 sqmsFirst Floor: 97.0 sqmsTotal Unit A GFA: 191.4 sqmsPrivate Open Space: 42 sqms

Letterboxes

Waste

5,90

15,

151

5,896

5,296

1,81

4

1,41

46,

910

1,5002,500

Proposed Triplex

ProposedCarport

Attachment 1.2 (page 1 of 6)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-200

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

Ground Floor PlanInitial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

3.96 m2 11.91 m2

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21.65 m2

11.65 m2

23.47 m2

6.43 m2

16.92 m2

15.46 m2

Alfresco

AlfrescoAlfresco

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Lounge / Dining/ Kitchen

Lounge

Meals

Dining

EntryEntry

Entry

Double GarageDouble Garage

Double Carport

Drying

Waste

Dry

ing

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UNIT 1

UNIT 2UNIT 3Total GFA (Incl Garage)

191 sqmsTotal GFA (Incl Garage)

197 sqms

Total GFA (Incl Garage)186 sqms

Letterboxes

LANEWAY

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Ldy.

Concrete power float finishConcrete power float finish

Pwdr.

FFL 2.320

FFL 2.720

FFL 2.720

FFL 2.770

FFL 2.770FFL 2.770

FFL 2.720FFL 2.720

FFL 2.720

FFL 2.720

FFL 2.620

FFL 2.570

FFL 2.370

Fall 1 in 30Fall 1 in 16

Exposed Aggregate Driveway

ExposedAggregateDriveway

FFL 2.270

1.97

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stin

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1800 highblock wall

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Visitor Space

Pedestrian sight trianglesare to be kept clear of obstructionsto visibility

Pedestrian sight trianglesare to be kept clear of obstructionsto visibility

94.43 m2 96.51 m2 117.60 m2

16.47 m2

5.85 m2

35.38 m2

17.81 m213.39 m2

7.50 m2

35.32 m2 35.32 m2

B400

B400

E400

E400

A400

A400

W.M.PROVT

W.M.PROVT

W.M.PROVT

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

62 Adopted Report

Page 63: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-201

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

First Floor PlanInitial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

2,04

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240

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60090 3,600 90

1,500 2,290 5,990 2,371 5,990 5,571 60022,812

Bed 1

Bed 2

Bed 3WIR

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fw

gd

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tr

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1,00

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N300

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W301

B400

B400

E400

E400

A400

A400

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

63 Adopted Report

Page 64: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-300

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

Elevations Sheet 1Initial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

2,40

056

034

02,

400

600

450

3,30

0

6,90

0

450

3,000 3,000

3,50

0

Weathertex Vertical Natural (timber look)

Flat sheet with cover battenspainted to match colorbond "Monument"

Parapet flashing - Colorbond Shale Grey

2,40

056

034

02,

400

600

450

3,30

0

Weathertex Vertical Natural (timber look)

Flat sheet with cover battenspainted to match colorbond "Monument"

Parapet flashing - Colorbond Shale Grey

Weathertex horizontal cladding

Rendered NRG Board

Rendered NRG Board

Rendered Concrete Block

East Elevation

North Elevation

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

64 Adopted Report

Page 65: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-301

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

Elevation Sheet 2Initial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

2,40

056

034

02,

400

600

450

3,30

0

1,80

0

Weathertex horizontal cladding

Rendered NRG Board

Weathertex Vertical Natural (timber look)

Flat sheet with cover battenspainted to match colorbond "Monument"

Parapet flashing - Colorbond Shale Grey

Weathertexhorizontalcladding

South Elevation

2,40

056

034

02,

400

600

450

3,30

0

6,90

0

Weathertex horizontal cladding

Rendered NRG Board

Rendered NRG Board

Rendered Concrete Block

West Elevation

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

65 Adopted Report

Page 66: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

0m 2m 4m 6m

Dscale

rev.date drawndescription

client name,project &address

1:100@ A3

JCD-LEY-400

Use figured dimensions only, do not scale from drawings. Check all dimensions, levels, setbacks & specifications prior to commencing works. Owner/ Builder to ensure that all building works conform to the current Building Code of Australia, Australia Standards,Building Regulations and Town Planning Requirements. Any discrepancies should be reported. This drawing is the copyright of QUBD Pty Ltd. and must not be copied or reproduced in part, or in whole, without the express permission of QUBD Pty Ltd

rev.dwg numberdrawing title

QubdSustainable Design

Quennell Sustainable Building Designs14 Kooyan Close, Currumbin, Qld. 4223m:0411323133 e: [email protected]: 62 133 602 605 QBCC: 1152243

FOR APPROVAL

SectionsInitial issueTQ01.07.16

New Triplex for JCD Holdings16 Leyte Ave, Palm Beach

NOT FOR CONSTRUCTION08.07.16 TQ Concept Plan issueA15.07.16 TQ Issue for DAB22.08.16 TQ Revised Issue for DA - building location revised, window U3 livingC20.09.16 TQ Revised Issue for DA - driveway width, support posts and awnings removedC

2,40

056

034

02,

400

600

450

3,30

0

4502,

700

2,40

056

034

02,

400

600

450

3,30

0

2,95

0

2,70

0

2,40

056

034

02,

400

600

450

3,30

0

2,85

0

3,08

5

2,95

0

2,70

0

Section AA

Section BB

Section EE

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

66 Adopted Report

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Attachment 1.3 (page 1 of 5)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

67 Adopted Report

Page 68: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

68 Adopted Report

Page 69: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

69 Adopted Report

Page 70: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

70 Adopted Report

Page 71: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

71 Adopted Report

Page 72: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

Document: #57482451 Page 1 of 6

Infrastructure Charge Notice To: JCD HOLDINGS PTY LTD

C/- PLANIT CONSULTING PTY LTD PO BOX 206 NOBBY BEACH QLD 4218

Cc: DESMOND WILLIAM M BOLSTER

PO BOX 94 COOLANGATTA QLD 4225

Land to which charges apply

The land to which the charges in this notice apply is.

Property description LOT477 RP89779 Property address 16 LEYTE AVENUE PALM BEACH

Total levied charge payable $ 56,000.00

+ADJUSTMENTS AND/OR REVIEWS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.

Payment details

Payment of the charges must be made in accordance with the “How to pay methods” section of this notice.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and

(b) The increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average.

‘3-yearly PPI index average’ and ‘PPI index’ have the meanings given in the Sustainable Planning Act 2009. As the levied charge amount is current at the date of issue, the total charges due at the date of payment may be greater.

Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of Council’s Local Government Infrastructure Plan (LGIP). If applicable, details of the offset amounts will be quantified on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.

Attachment 1.4 (page 1 of 6)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

72 Adopted Report

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Document: #57482451 Page 2 of 6

Authority for charge

The charges in this notice are payable in accordance with the Sustainable Planning Act 2009.

GST The Federal Government has determined that contributions made by developers to Government for infrastructure and services under the Sustainable Planning Act 2009 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 6046, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

73 Adopted Report

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Document: #57482451 Page 3 of 6

Infrastructure Charge Notice

Thursday, 25 August 2016 Application PN23593/01/DA1 Site address 16 LEYTE AVENUE, PALM BEACH Application number & code 201601064 MCU Application description MULTIPLE DWELLINGS (3) Officer name Megan Nott

Charge calculation

Charges Resolution v1.2 of 2015

Qty Rate Gross Charge Amount

Multiple Dwelling 3+ Bedroom 3 Dwellings @ $ 28,000.00 $ 84,000.00 $ 84,000.00

Net Charge Summary Gross Charge Amount Applied Credit Amount Net Charge Amount

$ 84,000.00 $ 28,000.00 $ 56,000.00

Office Use Only $ 31,080.00 OTHINF $ 18,816.00 SEWINF $ 6,104.00 WTRINF

$ 56,000.00

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

74 Adopted Report

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Document: #57482451 Page 4 of 6

INFORMATION NOTICE

DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Council of the City of Gold Coast has issued this Infrastructure Charges Notice as a result of the additional demand placed upon trunk infrastructure that will be generated by the development.

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to

give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;

(b) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(c) there was no decision about an offset or refund; (d) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

75 Adopted Report

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Document: #57482451 Page 5 of 6

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS TO A BUILDING AND DEVELOPMENT COMMITTEE FOR INFRASTRUCTURE CHARGES NOTICE

535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development

committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(b) there was no decision about an offset or refund; (c) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

76 Adopted Report

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Document: #57482451 Page 6 of 6

How to pay methods

Pay by mail

Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address: Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person

Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $50,000 using credit card) Payments by credit card will incur a 0.60% surcharge. Customer Service Centres Monday to Friday 8.15am to 4.30pm Broadbeach 61 Sunshine Boulevard, Mermaid Waters Bundall 8 Karp Court, Bundall Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale Nerang 833 Southport Nerang Road, Nerang Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222 (7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre Open hours; cityofgoldcoast.com.au

goldcoast.qld.gov.au

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Reference: HBD 5309340 346060

15 August 2016 JCD Holdings Pty Ltd C/- Planit Consulting Pty Ltd PO Box 206 Nobby Beach QLD 4218 Attention: Brendan Ferris

cc City of Gold Coast PO Box 5042 GCMC QLD 9729 Attention: Katelyn Wright

Dear Brendan, Development Application – Material Change of Use for Multiple Dwellings (3 units) located at 16 Leyte Avenue, Palm Beach, described as Lot 477 on RP89779. Applicant Ref: 3395 Council Ref: MCU201601064 Our Ref: HBD 5309340 346060 We refer to the above referenced Development Application which has been referred to Energex Limited in accordance with the Sustainable Planning Act 2009. Energex Limited acting as an Advice Agency under the Sustainable Planning Act 2009 recommends approval for the proposed Material Change of Use for Multiple Dwellings (3 units). Should you require any further information on the above matter, please don’t hesitate to contact me. Yours faithfully

Angela Collins Town Planner Property Services Energex Limited

Enquiries Angela Collins Telephone

(07) 3664 5766 Facsimile (07) 3664 9829 Email

angelacollins @energex.com.au Corporate Office

26 Reddacliff Street, Newstead QLD 4006 GPO Box 1461 Brisbane Qld 4001 Telephone (07) 3664 4000 Facsimile (07) 3025 8301 www.energex.com.au Energex Limited

ABN 40 078 849 055

Attachment 1.5

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ITEM 2 CITY DEVELOPMENT COMBINED DEVELOPMENT PERMIT (IMPACT ASSESSMENT) FOR A MATERIAL CHANGE OF USE FOR 104 DETACHED DWELLINGS IN ACCORDANCE WITH A PLAN OF DEVELOPMENT AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - Lot 11 on RP170746 , LOT 12 ON RP170746 -361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Refer 6 page attachment

1 OVERVIEW

Site address 361 Foxwell Road Coomera

Application description

Development Permit For Material Change Of Use For 104 Detached Dwellings in accordance with a Plan of Development and Development Permit for Reconfiguring a Lot for 104 Lot Subdivision, Public Open Space and Road.

Decision due date 11 October 2016

Proposal

Material Change of Use: The Plan of Development is proposed to allow Self assessable development for future Dwellings that may otherwise require a Code Assessable application due to areas on non-compliance with the Self assessable criteria.

The Plan of Development seeks alternate building guidelines in relation to the following aspects:

Setbacks;

Built to boundary walls;

Site coverage;

Fencing;

Car parking;

Bin storage; and

Private open space.

Reconfiguring a Lot:

The applicant is proposing to reconfigure the existing allotments into 104 Freehold lots. The proposed residential lots range in size from 315m2 to 649m2. Future development on the proposed lots are subject to the proposed Plan of Development. Lots have a road frontage width ranging from 10.5 metres to 25 metres.

The application proposes two allotments being lot 900 and 901 nominated as public open space with a combined area of 7,548m2.

Main Issues/Resolution

Issue Resolution

Lot Sizes Acceptable Outcome Achieved:

The Table of Development G: Reconfiguring a Lot Code prescribes a minimum lot size of 400m².

Council Officers consider that the proposed minimum lot sizes of 315m² meet the intent of the Coomera Residential Precinct of the Coomera

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Local Area Plan.

Frontage Widths The proposal incorporates a number of allotments with a frontage width less than 12m. Council Officers have concerns regarding the widths and have conditioned for amended plans.

Submissions Objections Support

No properly made objections were received.

No properly made ‘in support’.

Key issues raised by submitters

In response to public notification, no submissions were received.

Referral agencies Not applicable

Officer's recommendation

Approval

REPORT STRUCTURE

1 OVERVIEW

2 EXECUTIVE SUMMARY

3 APPLICATION INFORMATION

4 BACKGROUND

5 PROPOSAL

6 SITE & ENVIRONMENT

6.1 Characteristics of site

6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT

7.1 City Plan

7.2 Assessment against Gold Coast Planning Scheme 2003

8 STATE PLANNING POLICIES

9 STATE PLANNING REGULATORY PROVISIONS

10 SOUTH EAST QUEENSLAND REGIONAL PLAN

11 INTERNAL REFERRALS

11.1 Health and Regulatory Services

11.2 Transport Assessment

11.3 Subdivision Engineering

11.4 Open Space Assessment

11.5 Gold Coast Water

11.6 Environmental Assessment

11.7 Hydraulics and Water Quality

11.8 QLD Fire Rescue

11.9 Landscape Assessment

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

12 EXTERNAL REFERRALS

12.1 Concurrence agencies Not Applicable

12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE

14 PUBLIC NOTIFICATION

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

16 CONCLUSION

17 NOTIFICATIONS

18 RECOMMENDATION

2 EXECUTIVE SUMMARY

The application is for a Material Change Of Use For 104 Detached Dwellings in accordance with a Plan of Development and Development Permit for Reconfiguring a Lot for 104 Lot Subdivision, Public Open Space and Road located at 369 Foxwell Road, Coomera properly described as Lot 11 on RP170746 and Lot 12 on RP170746.

The site is located within the Coomera Residential Precinct of the Coomera Local Area Plan pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003. Pursuant to the Planning Scheme, the proposed land use is defined as Detached Dwelling which triggers Self- Assessment in accordance with the Table of Development A: Material Change of Use for the Coomera Local Area Plan. The proposed 104 lot freehold subdivision triggers Impact Assessment in accordance with the Table of Development G: Reconfiguring a Lot as the minimum lot size prescribed is 400m2.

However, due to areas of non-compliance with the Acceptable Solutions and the inclusion of a Plan of Development the Detached Dwellings are subject to Code Assessment. However, as the ROL component of the application is subject to Impact Assessment, the application as a whole is subject to Impact Assessment.

The proposal is to reconfigure the two existing allotments into 104 freehold lots with a minimum lot size of 315m2. The proposal incorporates 104 Detached Dwellings which are proposed in accordance with a Plan of Development.

The proposed development has been assessed against the relevant provisions of the following codes:

Place Code Coomera Local Area Plan Specific Development Code Reconfiguring a Lot

Detached Dwelling

Constraint Code(s) Car Parking, Access and Transport Integration Nature Conservation Bushfire Management Areas

The applicant has submitted a written notice stating that public notice of the proposal has been completed in accordance with the requirements of the Sustainable Planning Act 2009.

In response to public notification, no submissions were received.

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Based on the information submitted and the detailed assessment given within this report, there are sufficient planning merit to conclude that the proposal meets the applicable codes. Therefore, it is recommended that the proposed development be approved, subject to the imposition of reasonable and relevant conditions.

3 APPLICATION INFORMATION

Real property description Lot 11 on RP170746 , Lot 12 on RP170746

Applicant Kevin Holt Consulting Pty Ltd

Owner at time of lodgement Sylvia Sau W Ng & Kwok Keung S Ng & Steven Kok T You & Gum Yean You & Siu Fong Wong & Tammy Mi-ling Wu & Wendy Jane Roy

Current owner Sylvia Sau W Ng & Kwok Keung S Ng & Steven Kok T You & Gum Yean You & Siu Fong Wong & Tammy Mi-ling Wu & Wendy Jane Roy

Site area 6.89 hectares

Date application received 15 December 2015

Date entered decision 6 July 2016

Domain N/A

LAP & precinct Residential Precinct – Coomera Local Area Plan

City Plan Medium Density Residential Zone

State planning policies N/A

Decision type Development Permit For Material Change Of Use For 104 Detached Dwellings in accordance with a Plan of Development and Development Permit for Reconfiguring a Lot for 104 Lot Subdivision, Public Open Space and Road.

4 BACKGROUND

There is no background relevant to the application.

5 PROPOSAL

The applicant has sought a combined development application that consists of the following:

Material Change of Use:

The Plan of Development is proposed to allow Self assessable development for future Dwellings that may otherwise require a Code assessable application due to areas on non-compliance with the Self assessable criteria.

The Plan of Development seeks alternate building guidelines in relation to the following aspects:

Setbacks;

Built to boundary walls;

Site coverage;

Building height;

Fencing;

Building appearance and orientation;

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Car parking;

Bin storage;

Private open space; and

Privacy.

Reconfiguring a Lot:

The applicant is proposing to reconfigure the existing allotments into 104 Freehold lots. The proposed residential lots range in size from 315m2 to 649m2. Future development on the proposed lots are subject to the proposed Plan of Development. Lots have a road frontage width ranging from 10.5 metres to 25 metres.

The public open space component is made up by lots 900 and 901. These lots have a total area of 7,548m² and will be used for stormwater detention purposes.

The proposed development seeks a residential density of 24 Dwellings per net hectare.

The development will achieve access via the existing street network to the east and west. No access will be permitted from Foxwell Road.

A 1.5m footpath is proposed to be constructed on one side of Jones Street and Beecroft Street.

A 2.5m recreation linkage between the public open space area within the Eastern approved development and Finnegan Environmental Reserve to the North, is provided through the subject site. This linkage will include a pedestrian pathway that will link to the existing pathway in Mackenzie Street in the North West corner of the site.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

6 SITE & ENVIRONMENT

6.1 Characteristics of site

The subject sites are 361 & 369 Foxwell Road, Coomera, properly described as Lot 11 and Lot 12 on RP170746 with a total combined site area of 6.89 hectares. The subject sites are located within the Coomera Residential Precinct of the Coomera Local Area Plan pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003.

The sites are located on the northern side of Foxwell Road with an approximate frontage width of 185 metres.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

6.2 Characteristics of surrounding environment

North:

Land immediately adjoining the subject site is known as the Genesis Estate and is within the Coomera Residential precinct of the Coomera Local Area Plan. This land has been recently subdivided as part of a large staged development and is primarily occupied by detached residential dwellings and includes several multiple dwelling developments.

A recreation linkage to the Finnegan Environmental Reserve, from the approved public open space area within the Eastern adjoining development.

South:

Foxwell Road exists to the immediate South of the subject site. Currently, the Southern side of Foxwell Road is largely occupied by large land parcels and residential dwellings.

East:

This is currently a large allotment that is being developed and is under construction. This development includes connections to approved road 5 and the recreation linkage within this development. The Plan of Development proposed as part of this development includes the similar development requirements to those approved as part of this Eastern adjoining development.

The subject site is also adjoined to the immediate East by 2 Learning Street which is occupied by a child care centre. The child care centre is accessed via Learning Street and will not be impacted by the proposed development.

Land further East along Foxwell Road has been recently developed with residential housing or is in the process of being developed.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

85 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

There are several services including a restaurant, café, real estate agency, a fire station, and the Coomera Environmental Reserve further east of the subject site.

West:

The land immediately adjoining the subject site has been recently subdivided and all allotments are improved by detached dwellings and attached dwellings. The proposed development has been designed with this adjoining estate in mind and includes a connection to Jones Street and Mackenzie Street. All houses and duplexes adjoining the subject site are suitably setback from the shared boundary and will not be adversely affected by the proposed development.

Land further West along Foxwell Road has either recently been developed with residential estates, is currently being developed, or are large land parcels zoned for residential purposes.

Further West of the subject site is the Coomera Town Centre, Coomera Rivers State School, Gold Coast Tafe, Coomera Train Station, and the Pacific Motorway.

7 PLANNING ASSESSMENT

Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions The State planning regulatory

provisions that apply to this subject site are: South East Queensland

Regional Plan 2009-2031 State Planning Regulatory Provisions; and

State Planning Regulatory Provisions (Adopted Charges)

Please refer to State Planning Regulatory Provisions section below.

the regional plan for a designated region Please refer to South East Queensland Regional Plan assessment below.

State planning policies (unless appropriately reflected in any relevant regional plan or planning scheme)

N/A

a structure plan N/A for development in a declared master planned

area—all master plans for the area N/A

a temporary local planning instrument N/A

an earlier preliminary approval to which section 242 applies

N/A

a planning scheme Refer to Planning Scheme assessment section below.

the infrastructure charge resolution or the priority An Infrastructure Charges Notice

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

infrastructure plan. will be attached to the Decision Notice of this application.

In addition, the assessment manager must assess the part of the application having regard to:

the common material Common material has been regarded throughout the assessment.

any development approval for, and any lawful use of, premises the subject of the application or adjacent premises

Refer to ‘Site and Surrounds’.

any referral agency’s response for the application N/A

7.1 City Plan

This application was lodged under the 2003 Planning Scheme and has been carefully reviewed having regard to Section 317 of the Sustainable Planning Act 2009.

It is considered the outcome of the proposal is not materially different than what may be achieved under City Plan, and therefore will be assessed under the 2003 Planning Scheme.

This approach mirrors the Superseded Planning Scheme request resolution resolved at the Council meeting of 16 June 2015, in particular the decision making criteria.

7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code

Coomera Local Area Plan

Car Parking, Access and Transport Integration

Nature Conservation

Bushfire Management Areas

Reconfiguring a Lot

Detached Dwelling

Works for Infrastructure

Landscape Work

Relationship to the Domain or LAP

The subject site is located in the Coomera Residential Precinct of the Coomera Local Area Plan.

Pursuant to the Planning Scheme, the proposed land use is defined as Detached Dwellings:

“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.”

Which triggers code assessment pursuant to table of development A (material change of use).

The proposed reconfiguration of a lot triggers impact assessment pursuant to table of development G (Reconfiguring a lot).

The intent statement for the Coomera Residential Precinct of the Coomera Local Area Plan reads:

“The land allocated for residential use has been determined, with regard to the constraints of the sector. The land deemed suitable for residential development has been based on a series of interconnected walkable neighbourhoods, with radii of approximately 400 metres (refer Coomera LAP Map 9.9 – Walkable Neighbourhoods).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Residential uses are to be the preferred land use in the Coomera Residential Precinct. This preferred land use type is to be implemented so that residential density is highest at the centre of the neighbourhood, and gradually decreases in intensity as walkability to the centre decreases with increasing distance from the centre. The principles of this form of development are indicatively shown on Coomera LAP Map 9.4 – Maximum Residential Density.

The form of residential development and housing in Coomera will be different to that which has occurred historically on the Gold Coast City and in South East Queensland. In Coomera, the opportunity to create urban form that is supportive of the use of public transport is to be implemented.

High density residential development is intended along future bus corridors. The criterion for the high density allocation is the walkability to likely bus stops. As the planning for bus stops occurs after residential development is in place, the high density will take the form of a linear corridor, rather than a sequence of 400 metre radius circles denoting walkability.

The design of housing, or the planning and design of housing allotments, is to be undertaken to ensure:

Location of neighbourhood centres such that the public transport system can provide direct connectivity, especially between the neighbourhoods and the Town Centre Transport Interchange at the Coomera Railway Station;

Capitalisation on areas of land providing potentially high quality development opportunities, due to views, topography, relationship to high traffic flows, relationship to existing or proposed motorway interchanges and rail crossings;

Optimisation of the potential of existing development and associated services and other infrastructure and facilities; and

Optimisation of the relationships between potential neighbourhoods and proposed major facilities, such as open space and schools.

A mix of allotment sizes will be created to encourage the broadest range of housing styles. The development of significant areas of single type land subdivision and dwellings is not favoured.

Diversity in the design of individual dwellings on smaller lots is also encouraged. To ensure a range of housing choice and the variety of lot sizes, consideration is to be given to existing and planned development on adjoining sites in the neighbourhood, so that the overall diversity objectives are met (refer Coomera LAP Figures 9.1, 9.2, 9.3 and 9.4).

To encourage a range of residential densities, the Coomera LAP provides for three categories of residential development:

a) Residential 1 (R1)

b) Residential 2 (R2)

c) Residential 3 (only in Precinct 2) (R3)

Residential 1 (R1): Maximum of 25 Dwellings Per Net Hectare Preferred Character and Intended Land Use

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The R1 category will occupy the largest amount of land within the Coomera LAP area. The principal type of development will be housing, designed in walkable neighbourhoods. Walkable neighbourhoods are to characterise the urban form of Coomera.

In this category of the Coomera Housing Precinct, both detached and attached dwelling units are preferred. There will also be a substantial number of opportunities to work from home, created in both detached and attached dwelling units. Development will be predominantly single and two storeys.

Residential 1 land is intended primarily for housing at a density of 25 dwelling units per net hectare, with a range of allotment sizes, unless otherwise approved by Council.”

Assessment comments:

Council Officers consider that the proposed development meets the intent of the Coomera Residential Precinct and the Intent of the Coomera Local Area Plan. The proposed development is reconfiguring the existing allotments for its intended purpose.

Whilst the proposal does not achieve a lot size of 400m2 the proposed development retains and enhances the character of the local area. The Coomera Local Area Plan is intended to retain a high level of residential amenity. The proposed subdivision and Plan of Development support this intent by providing a range of lot sizes that can accommodate a diverse range of housing options. The Plan of Development outlines building and design guidelines which will ensure that all future Detached Dwellings and Attached Dwellings can achieve a high level of residential amenity and a good urban outcome that compliments the surrounding development.

The proposed subdivision utilises the existing road network to ensure there is convenient vehicle access to the future lots, which contributes to an effective and efficient road network.

Whilst the subject site incorporates a minimum lot size of 315m2 Council Officers do not consider that the lots with a frontage width of less than 12 metres to be appropriately dimensioned given the topography of the site and the extent of retaining. Therefore, to ensure that the streetscape of the development is consistent with the local character Council Officers are recommending amended plans be submitted to increase frontage widths to a minimum 12 metre.

The Coomera Residential Precinct of the Coomera Local Area Plan prescribes the residential density to be Residential Density 1, being 25 dwellings per net hectare. The proposed development seeks a residential density of 24 Dwellings per net hectare which is considered to comply with this provision.

The Intent of the Coomera Residential Precinct and the Coomera Local Area Plan support the subdivision of the subject site as it is contributing to the future housing needs within the area. Therefore, Council Officers consider the proposed development to meet the intent of the Coomera Local Area Plan and the Coomera Residential Precinct.

Compliance with the relevant place code

The proposal complies with all of the place code’s acceptable solutions and performance criteria, except as follows:

Performance criteria Acceptable solution

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

PC3

The site coverage of development must be in accordance with the function of the precinct and its relationship with surrounding precincts.

AS3

The maximum site coverage of any development does not exceed the following: Precinct 1: Residential 1 areas 50% Precinct 1: Residential 2 areas 40% Precincts 2, 3, 4 and 5 80% Precinct 6 30% Precinct 7 25% Precincts 8, 9 and 10 5%

Alternate Solution Sought:

60% Site Coverage

Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria PC3 for Site Coverage.

As part of the application, the applicant has proposed a Plan of Development that allows for the additional site coverage. The applicant is seeking site coverage of 60%. The increase is site coverage is considered to be minor and will not result in a built form that is bulky and visually intrusive. The Plan of Development sets up guidelines that are considered to be generally in accordance with the character of the local area.

Therefore, Council Officers are satisfied that the proposed site coverage is consistent with the character of the local area and complies with PC3.

Performance criteria Acceptable solution PC4

Building setbacks must contribute to an interesting and attractive street perspective and to the visual amenity of Coomera. Buildings must provide for setbacks from the street frontage and the side and rear boundaries of the site, which are appropriate for the:

a) efficient use of the site;

b) local character of the area;

c) effective separation from neighbouring properties and from frontages to roads

Precinct 1

AS4.1

The frontage setback is no less than six metres.

AS4.2

The minimum setbacks from any side and rear boundaries, within each precinct, are 1.5 metres to the side boundary and six metres to the rear boundary.

Alternate Solution sought:

Front Setbacks:

Garage and carport: 5.5 metres; &

Building wall: 4 metres.

Side Setbacks:

Built to Boundary Walls: No greater than 3 metres in height for a maximum length of 9 metres;

Assessment comments:

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria 4 for Building Setbacks. The applicant has proposed an alternate solution to AS4 as the proposal incorporates reduced setbacks from the road frontage, garage and carport and side setback.

The proposed plan of development seeks to provide reduced setback requirements for all allotments. The proposed building setbacks will create built form that is interesting and attractive whilst still maintaining setbacks from the street frontage and the side boundaries of the site, which are appropriate for the efficient use of the site.

By formalising the building setbacks through the plan of development it will provide a built form that is a consistent approach to the development and the surrounding development.

Council Officers are satisfied that the proposed building setback is consistent with the character of the local area and complies with PC4.

Compliance with the relevant specific development code

The proposed development is required to demonstrate compliance with the following specific development codes:

Detached Dwelling Specific Development Code;

Landscape Works;

Works for Infrastructure Code; and

Reconfiguring a Lot Specific Development Code. The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

Detached Dwelling Specific Development Code

Performance criteria Acceptable solution PC1

The site must have sufficient area to accommodate the building and its associated access, parking, landscaping and required setbacks.

AS1

The minimum site area for the Detached Dwelling is no less than 400m² clear of any access strip or access easement.

Alternate Solution sought:

The smallest lot proposed is 315m².

43 or 41% of lots are 350m² - 400m².

10 or 9% of lots are 300m² - 350m².

Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria 1 for Site Area. The applicant has proposed an alternate solution to AS1 as the proposal incorporates 53 lots or around 50% of lots below 400m².

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

91 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The applicant is seeking to achieve 104 Detached Dwellings on the subject site with 1 dwelling per lot, although the minimum site area for Detached Dwellings is not achieved, the Plan of Development outlines building and design guidelines which will ensure that all future Detached Dwellings can achieve a high level of residential amenity and a good urban outcome that compliments the surrounding development. The Plan of Development illustrates that there will be sufficient area for access, parking, landscaping and setbacks.

Therefore, Council Officers are satisfied that the proposed site area is consistent with the character of the local area and complies with PC1.

Performance criteria Acceptable solution PC3

The covered car parking space/carport must be located and designed to:

a) aesthetically complement the main dwelling;

b) not dominate the street frontage;

c) have minimal adverse effect on the amenity, likely amenity and character of the neighbourhood.

AS3.1.1

The covered car parking space/carport is set back in accordance with the frontage setback requirements specified in the relevant domain or LAP.

Alternate Solution sought:

5.5 metre setback for covered parking.

Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria 3 for Covered Car Parking. The applicant has proposed an alternate solution to AS3.1.1 as the proposal incorporates a reduced setback to the frontage of the site. The Coomera Local Area Plan – Coomera Residential Precinct prescribed a minimum front setback of 6 metres. The applicant has proposed a front setback of 5.5 metres for covered car parking spaces either being a carport or garage. Although the proposal encroaches into the front boundary setback, the proposal is considered to be appropriate for the efficient use of the site. All lots have sufficient frontage widths therefore the covered car parking space will not dominate the street frontage of have an adverse effect on the amenity of the area. Council Officers are satisfied that the proposed covered car parking setback is consistent with the character of the local area and complies with PC3.

Reconfiguring a Lot Specific Development Code

Performance criteria Acceptable solution PC1

Lots must have the appropriate area and dimensions to enable:

a) density of land uses to be consistent with the intended character of the local area or neighbourhood, as expressed

AS1.1.1

The minimum lot area, minimum lot frontage, minimum width of any access strip or easement, and the maximum ratio of lot depth to average width are consistent with the provisions of the Table to this Acceptable Solution, unless varied by the minimum lot

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Reconfiguring a Lot Specific Development Code

Performance criteria Acceptable solution through the relevant domain or LAP;

b) siting and construction of buildings to minimise risk of soil erosion, flooding and bushfire;

c) siting and construction of buildings to minimise detriment from effluent disposal and

d) water quality impacts;

e) retention of ecologically significant areas and other remnant vegetation;

f) retention of cultural features and views;

g) minimisation of earthworks and/or retaining walls associated with building construction on steep sites;

h) provision of private outdoor space and on-site landscaping; convenient vehicle access and on-site parking.

size and density requirements indicated on Overlay Map OM5 – Minimum Lot Size.

Alternate Solution sought:

Minimum lot size of 315m2.

Assessment comments:

Council Officers are satisfied that the proposed development meets the intent of Performance Criteria 1 for Lot Size. The applicant has proposed an alternate solution to AS1.1.1 as the proposal incorporates a minimum lot size of 315m².

The Table of Development G: Reconfiguring a Lot prescribes a minimum lot size of 400m2 for Residential 1 of the Coomera Residential Precinct.

Whilst the proposal does not achieve a lot size of 400m2 the proposed development seeks to retain and enhance the character of the local area. The Coomera Local Area Plan is intended to retain a high level of residential amenity. The proposed subdivision and Plan of Development seek to support this intent by providing a range of lot sizes that can accommodate a diverse range of housing options. The Plan of Development outlines building and design guidelines which will ensure that all future Detached Dwellings can achieve a high level of residential amenity and a good urban outcome that compliments the surrounding development.

However, whilst officers are satisfied that the minimum lot size proposed is considered to comply with Performance Criteria 1 Officers have concerns with frontage widths less than 12 metres.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Council Officers consider that the lots with a frontage width of less than 12 metres are not appropriately dimensioned given the topography of the site and the extent of retaining that is required. Therefore, to ensure that the streetscape of the development is consistent with the local character Council Officers are recommending amended plans be submitted to increase frontage widths to 12 metre or above.

Council Officers are satisfied that the proposal complies with Performance Criteria 1. Compliance with the relevant constraint codes and overlay

The proposed development is required to demonstrate compliance with the Acceptable solutions and Performance criteria of the following constraint codes:

Bushfire Management Areas Constraint Code;

Car Parking, Access and Transport Integration Constraint Code; and

Nature Conservation Constraint Code.

The proposed development is considered to comply with the constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

8 STATE PLANNING POLICIES

All applicable State interests have been reflected in the Planning Scheme. No further assessment is required.

9 STATE PLANNING REGULATORY PROVISIONS

The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions –The proposed development complies South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions.

10 SOUTH EAST QUEENSLAND REGIONAL PLAN

The subject site is located within the ‘Urban Footprint’ of the South East Queensland Regional Plan 2009-2031.

The proposal is considered to comply with the provisions of the SEQ Regional Plan in this regard.

11 INTERNAL REFERRALS

The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 11 January 2016.

List of available referrals for reference

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

94 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

From this meeting the application was referred to applicable referrals as discussed below:

Internal Referrals Comments &/or Conditions

11.1 Health and Regulatory Services

The following conditions were provided:

Acoustic Design and Construction;

Acoustic Compliance; and

Acoustic Barrier.

11.2 City Transport The following conditions were provided:

Amended Plans;

Access Restrictions;

Intersection with Old Pacific Highway; and

Street Lighting.

11.3 Subdivision Engineering

The following conditions were provided:

Roadworks – Industrial Access Streets;

Roadworks – Cul-de-sac;

Kerb and Channel Profile;

Road Names to be submitted;

Easements;

Driveway Gradients;

Footpaths;

Survey Marks;

Compliance Assessment;

Electrical Supply; and

Telecommunication Wiring.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

95 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

11.4 Open Space The following conditions were provided:

Transfer of Open Space;

Work / Access within Public Open Space;

Streetscape Works;

Detailed Landscape Plans to be submitted;

Pre-start Inspections;

Establishment Periods;

On-Maintenance Period;

Timing for Completion; and

Fencing.

11.5 Gold Coast Water

The following conditions were provided:

Sewer Reticulation;

Design and Construction;

Connection Point;

Operational Works (Works for Infrastructure);

Non-trunk Sewer Infrastructure;

Connection and Disconnection Arrangements;

Completion of External Connections;

Public Utility Easements;

Water Supply Reticulations;

Design and Construction;

Connection Point;

Water Meter Box and Meter;

Non-trunk Water Infrastructure;

Supply Standard; and

Fire Loading.

11.7 Environmental Assessment

The following conditions were provided:

Acid Soil Management Plan;

Acidic Soil Treatment;

Pre-Start Meeting; and

Operational Works for Vegetation Management.

11.8 Hydraulics The following conditions were provided:

No Worsening of Hydraulic Conditions;

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

96 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Overland Flow Paths;

Amendment and Compliance of Stormwater Management Plan;

Engineering Certification;

Certification of Stormwater Management Treatment;

Trash Rack;

SQIDS Maintenance Management Plan;

On-Maintenance Period;

Public Utility Easement;

Re-use of Stormwater;

Stormwater Headwalls;

Erosion and Sediment Control; and

Construction of Sediment Basin.

11.10 Landscape Assessment

The following conditions were provided:

Amended Plans;

Private Landscape Works;

Maintenance Period; and

Frontage Fencing.

12 EXTERNAL REFERRALS

12.1 Concurrence agencies

Not applicable.

12.2 Advice agencies

Not applicable.

13 DEVELOPMENT INFRASTRUCTURE

Charges Resolution v1.2 of 2015

Qty Rate Gross Charge Amount

ROL Proposed Lot 104 Lots @ $ 28,000.00 $ 2,912,000.00

$ 2,912,000.00

Net Charge Summary

Gross Charge Amount Applied Credit Amount Net Charge Amount

$ 2,912,000.00 $ 56,000.00 $ 2,856,000.00

Credits applied for Existing Lots 11-12 on RP170746.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

97 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

14 PUBLIC NOTIFICATION

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

In response to notification, no submissions were received.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

Not applicable.

16 CONCLUSION

The proposal has been assessed against the Coomera Local Area Plan Place Code; as well as the applicable Specific Development Codes and the Constraint Codes of the Gold Coast Planning Scheme 2003. It is the officer’s opinion that the proposed development complies with the applicable codes.

Therefore, it is considered that the proposal demonstrates sufficient planning and design merit and is recommended for approval subject to conditions.

17 NOTIFICATIONS

The following notifications should be registered on the rates card in relations to this resolution:

NOTIFICATIONS

Development Controls

There are development approval conditions applicable on this land in perpetuity and will attach to the subsequent lots. These conditions may include development controls including but not limited to building setbacks, driveway location, building design, etc which are applicable to future development over the lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Stormwater (Management Plan)

There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

18 RECOMMENDATION

It is recommended that Council resolves as follows:

Real property description Lots 11 & 12 on RP170746

Address of property 361 & 369 Foxwell Road, Coomera

Area of property Lot 11 (33,700m²), Lot 12 (35,200m²)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

98 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Decision type Development Permit For Material Change of Use for 104 Detached Dwellings and Development Permit for Reconfiguring a Lot for a 104 Lot Subdivision, Public Open Space and Roads

Further development permits Operational Work (Landscaping, Works for Infrastructure)

Further compliance permits

Compliance assessment required for documents or works

Survey Plan

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for 104 Detached Dwellings, 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 153692 (Sheet 1 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

153692 (Sheet 2 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

153692 (Sheet 3 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

THP.01/D (Sheet 4 of 4)

D Typical House Landscape Plan

23.05.16 Botanica

showing the following amendments:

All lots with a frontage width of less than 12 metres are to be amended to i have a frontage width equal to or greater than 12 metres.

Additional requirements must be added to the POD under a new heading ii titled “Landscaping for Small Lots”; the requirements must read as follows: ‘For all dwellings on lots sized less than 400m2, landscaping must be undertaken prior to occupation of the dwelling. The landscaping must be in accordance with the Typical House Landscape Plan prepared by Botanica, Dwg: THP.01/D, Rev: D, Dated 23/05/16. Once installed, the landscaping must be maintained at all times in accordance with this plan.’

Additional requirements must be added to the POD titled ‘Fencing’; the iii requirement must read as follows: “Fencing along Foxwell Road must be a maximum height of 1.8 metres and constructed of solid material up to 1.2 metres in height and must provide a minimum of 25% transparency between 1.2m to 1.8m.

A note must be included under the heading on the POD titled ‘Fencing’; the iv note must read as follows: ‘Estate fencing to Foxwell Road must be

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

99 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

retained and maintained at all times.’

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to the earlier of:

Sealing of survey plans. i

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

Decision notice and approved plans/drawings to be 2 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.

Timing

As indicated within the wording of the condition.

Decision notice and approved plans/drawings to be 3 retained on site

A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing

At all times.

Notice of works timetable 4

The applicant must give Council written notice of the following:

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-

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.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

100 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

applications.html.

CAR PARKING AND ACCESS

Vehicular crossings 5

A vehicular crossing (driveway entry within the road a 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:

05-02-302 Vehicular crossing low density i residential, and 05-02-303 Vehicular crossing low density residential requirements.

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.

Connection to, alteration or realignment of Council 6 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 the City Plan;

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 the City Plan

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.

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.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

101 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

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

CONSTRUCTION MANAGEMENT

Transport of soil/fill/excavated material 7

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

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

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

Prior to vehicles exiting the site, measures must be c 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 8

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.

Timing

At all times while works are occurring.

Public safety to be ensured 9

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

Timing

At all times while works are occurring.

HYDRAULICS

No loss of floodplain storage 10

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.

Timing

At all times.

No worsening of hydraulic conditions 11

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

No increase in peak flow rates downstream from the a site;

Timing

At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

102 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

No increase in flood levels external to the site; and b

No increase in duration of inundation external to the c site that could cause loss or damage.

STORMWATER AND WATER QUALITY

Legal point of discharge 12

The applicant must ensure that all stormwater drainage a is directed to a lawful point of discharge in accordance with the Queensland Urban Drainage Manual Volume 1 Second Edition 2007 (‘QUDM’) Section 3.02.

Should the development be unable to satisfy the b conditions of the first test of QUDM Section 3.02, the applicant must submit a detailed drainage plan to Council for approval.

Timing

Prior to the issue of the development permit for carrying out building work, or if an application for carrying out building work is not required, prior to commencement of the use the subject of this approval.

Hardstand areas graded towards landscape areas 13

All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council’s drainage system without proper treatment.

Timing

At all times.

LANDSCAPE WORKS ON PRIVATE LAND

Landscaping Must Comply With Typical Plans 14

Landscaping within the frontage setback area of all dwellings on lots sized less than 400m2 must be generally in accordance with the approved Typical House Landscape Plan prepared by Botanica, Dwg: THP.01/D, Rev: D, Dated 23/05/16.

Explanatory Note – in order for landscaping to be considered ‘generally in accordance’ with this plan, a minimum 10m2 garden area must be provided which contains a minimum 1 x canopy tree in 45 litre bag size and shrub and groundcover planting as per the typical plan. Garden edging and mulch must be installed. Where a 3m separation between the tree and building foundations is not possible, root barrier must be installed to manufacturer’s specifications.

Timing

At all times.

OPEN SPACE

Required landscape treatment to batters within public 15 open space

All earthwork areas within public open space must be a revegetated. The revegetation species and type will be determined as part of future detailed landscape plans and will be dependent on slope and location in

Timing

At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

103 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

accordance with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

Rainforest planting are not approved within the 10 b metre setback to the Conservation Estate and adjacent properties. This area is to primarily consist of turf and groundcover planting only.

Protection of retained vegetation within future public 16 open space

The applicant must ensure the design of the stone pitching outlet areas associated with the stormwater management basin, incorporate low-impact design measures in order to minimise the impact of stormwater flow onto retained vegetation within future public open space.

Timing

At all times.

VEGETATION MANAGEMENT

Management of retained trees 17

The applicant must ensure:

The existing trees nominated for retention on ‘Plan of a Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4 August 2016, prepared by Kevin Holt Consulting, are to be managed during construction activities in accordance with the Final Tree Management Report and Australian Standard AS 4970 – 2009 Protection of trees on development sites to avoid any of the following:

Structural damage to the tree including root i damage;

Compaction of the root plate including parking of ii any vehicles;

Filling of soil within the Tree Protection Zone iii (TPZ) and/or drip zone;

Storage of any building materials within the drip iv zone;

Installation of sediment and erosion control v infrastructure within the Structural Root Zone; and

Long-term harm to the health of the tree. vi

Timing

At all times.

Tree sensitive design for open channel 18

The open stormwater channel through the open space a area as identified on Drawing No: 1011-00-C-SW02, Concept Stormwater Drainage Plan, Rev C, dated 3 August 2016, prepared by Tribeca Homes Pty Ltd, is to be sensitively designed to ensure the survival and long term health of all retained trees.

Timing

In conjunction with an operational works application including civil works, change to ground level and tree works.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

104 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The final design and location of the open channel is to b be in accordance with the following:

Located outside the structural root zone (SRZ) of i all retained trees;

Must not exceed 10 % encroachment within the ii tree protection zone (TPZ) of any retained tree unless assessed and approved by a level 5 qualified arborist; and

The final design and location of the open channel is to be certified by a level 5 qualified arborist demonstraitng that all trees can be retained.

Arborist report – tree assessment and tree management 19 plan

The applicant must submit a Tree Assessment and a Tree Management Plan for the existing trees nominated for retention on ‘Plan of Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4 August 2016, prepared by Kevin Holt Consulting.

This plan is to be prepared by a qualified Arborist with a b minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture.

All tree management procedures within the report are c to be in accordance with the Australian Standard AS4970 – 2009 Protection of trees on development sites. The Arborist report must contain the following information:

An appraisal of the health and vigour of the i existing trees, including stage of growth, predicted gross morphology, crown framework and extent of root system.

Tree site plan of suitable scale to proposed ii development layout plans identifying tree species, height, diameter at 1.4 metres above ground level, and habitat features (i.e. hollows/nest, potential feed tree).

Tree site plan of suitable scale to proposed iii development layout plans identifying all required Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for all trees within and/or immediately adjacent to proposed work areas including: the open stormwater channel, stone pitching outlet areas, batters and retaining walls.

Details of all proposed vegetation works iv (including proposed clearing or retention works) to ensure:

A The survival, ongoing health and vigour of

Timing

In conjunction with an operational works application including civil works, change to ground level and tree works.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

105 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.

Vegetation works OPW application required 20

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Assessable Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. Decision notice or letter of approval):

The approved MCU / ROL layout plan. a

The approved bushfire management plan. b

Plans clearly identifying which vegetation is proposed c to be removed and which vegetation is proposed to be retained.

A letter from an EPA-approved spotter-catcher together d with any necessary fauna management plan or a QPWS-endorsed fauna translocation management plan.

A basic vegetation management plan. e

A sediment and erosion control and construction f management plan.

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 the domain or LAP;

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.

Timing

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

106 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

FAUNA MANAGEMENT

Filling of waterbodies / dams 21

The applicant must ensure that a DEHP-approved spotter-catcher is engaged for the works associated with dewatering any waterbodies / dams. The spotter-catcher must:

Net the dame and relocate fauna prior to works; and a

Must be present for the dewatering activity. b

Timing At all times.

FAUNA MANAGEMENT

Filling of waterbodies / dams 22

The applicant must ensure that a DEHP-approved spotter-catcher is engaged for the works associated with dewatering any waterbodies / dams. The spotter-catcher must:

Net the dame and relocate fauna prior to works; and a

Must be present for the dewatering activity. b

Timing At all times.

SEWER RETICULATION

Sewer reticulation 23

The development must be connected to Council’s sewer a reticulation system at no cost to Council.

The applicant is responsible for any external works b necessary to connect to Council’s live sewer reticulation system

Timing

Prior to commencement of the use of the premises.

No building work over or within Council easements and 24 minimum distance from Council infrastructure

No building work is permitted over or within any Council a public utility easements.

All proposed buildings and structures must be located a b minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water.

Clearance of all proposed buildings and structures from c the existing or proposed maintenance holes located within the development site, shall be the lesser of the following 2 options:

1.2m from the outer edge of the maintenance hole i cover frame, or

1.3m from the centre of the maintenance hole (in ii this case an investigation to verify this clearance must be performed by an authorised person),

in accordance with drawing number SEQ-BOAA-S1, dated 23/05/2012 under Section 1.7.1 Maintenance

Timing

At all times during works and then maintained.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

107 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Hole/Shaft Clearance Requirements of the Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

WATER SUPPLY RETICULATION

Water supply reticulation (potable only) 25

The development must be connected to Council’s a potable water supply reticulation system at no cost to Council.

The applicant is responsible for any external works b necessary to connect to Council’s potable water supply reticulation system.

Timing

Prior to commencement of the use of the premises.

Supply standard 26

The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing

At all times.

Fire loading 27

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing

At all times.

NATURE OF DECISION

A Council approves the issue of a Development Permit for Reconfiguring a Lot for a 104 Lot Subdivision, Public Open Space and Roads, 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

153692–02I 02I Plan of Proposed Reconfiguration

4/08/2016 Kevin Holt Consulting

showing the following amendments:

All lots with a frontage width of less than 12 metres are to be amended to i have a frontage width equal to or greater than 12 metres.

Location of kerb ramps must comply with Council’s Land Development ii Guidelines, and be located with a clear 1m separation to vehicular crossings and gully pits.

Kerb returns at all intersections are required to have a 6m radius iii (maximum).

The amended plans/drawings are to be submitted to Council for approval the b earlier of:

Issue of a development approval for operational work. i

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

108 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Pre-start inspection for operational work. ii

Compliance assessment of the subdivision plan. iii

Commencement of the use of the premises. iv

The amended plans/drawings, when approved, will be the approved c 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 2 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.

Timing

As indicated within the wording of the condition.

Decision notice and approved plans/drawings to be 3 retained on site

A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing

At all times.

ROADS

Interim external roadworks: Foxwell Road/Henry Street 4 intersection

If the roundabout on Foxwell Road at the intersection with Henry Street is not constructed, the applicant must design and construct a Type AUL(S) turn treatment on Foxwell Road at the intersection with Henry Street. The design and construction of this turn treatment must be in accordance with Austroads Guide to Road Design Part 4A: Unsignalised and signalised intersections.

Information note:

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

The type AUL(S) turn treatment is considered an interim treatment until such time as the ultimate roundabout on Foxwell Road at its intersection with Henry Street is constructed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of stage 1.

Contribution to remove Type AUL(S) turn treatment 5

Prior to commencement of any work onsite the applicant shall submit a cost estimation schedule for review and endorsement by Council for the following works:

Removal of the auxiliary left turn short lane on i

Timing

Prior to the earlier of compliance assessment of the subdivision plan or

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

109 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Foxwell Road at Henry Street intersection and reinstatement of kerb and channel (subdivision side only), associated stormwater drainage works, line-marking, signage etc.

Once the cost estimate is endorsed by Council, the developer must pay the contribution amount into an account to be advised by Council at time of payment. This will be drawn upon by Council when roundabout on Foxwell Road at Henry Street intersection is constructed.

Information note:

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

commencement of the use of stage 1.

Land dedication for road widening 6

Land shown on Kevin Holt Consulting Plan Number 153692, Revision 021 dated 4/08/2016 must be dedicated to Council for road widening purposes.

At plan sealing stage a plan must be submitted certified by a registered land surveyor confirming the dedication area meets the requirement of the plan above.

Information note:

This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009 (i.e. trunk infrastructure (not listed)).

Timing Prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of stage 2.

Roadworks: Residential collector streets 7

Design and construct Jones Street and Victor Street to a ‘Residential Collector Street’ classification. The roads must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

Roadworks: Residential access streets 8

Design and construct Mackenzie Street and Beecroft Street to a ‘Residential Access Street’ classification as detailed below:

Mackenzie Street must have a 7.5m wide carriageway, a 4.5m wide western/southern verge and 5.5m (minimum) wide eastern / northern verge (to accommodate the 2.5m wide footpath) on 17.5m (minimum) reserve.

Beecroft Street must have a 7.5m wide carriageway b and 4.5m wide verges on 16.5m (minimum) reserve.

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

110 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Information note:

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

Roadworks: Access lanes 9

Design and construct Access Lane/s (short stub roads) adjacent to lots 11 to 13 and 91 to 93 to a ‘Residential Access Street’ classification for pavement depth and gradient purposes, and comply with the following:

Have a 5.5m wide pavement, centrally located with a a 12.5m (minimum) reserve;

A maximum of three dwellings are permitted to access b the Access Lanes;

Must be designed with kerb and channel and flexible c pavement;

Must have a threshold treatment at the intersection; d

Must have 3m (maximum) radius kerb returns at the e intersection.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

Roadworks: Line-marking and signage 10

All line-marking and signage shall be undertaken in a accordance with the details contained on the relevant Council standard drawings and the latest version of the Queensland Manual of Uniform Traffic Control Devices (MUTCD).

A line-marking and signage plan must be submitted b with and form part of the operational works drawings for the roadworks.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

Kerb and channel profile 11

All roads are required to have ‘barrier’ kerb and channel (k&c).

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

111 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Kerb return radius 12

Kerb returns at all standard residential access and collector street intersections are required to have a 6 metre maximum radius.

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

Road names to be submitted for new public roads 13

Submit to Council for approval, on a road hierarchy a plan, specific road names and designations for all proposed public roads within the site. Proposed road names must not conflict with existing road names in the general area.

Where an existing road is proposed to be extended, the b extension is required to have the same road name as the existing road.

All engineering drawings submitted with any c development application for operational work (works for infrastructure) must display the approved street names.

Timing The plan must be submitted and approved prior to the making of any development application for operational work (works for infrastructure).

Land required for corner truncations 14

Land required to provide corner truncations at all a intersections within the development site must be dedicated as road reserve.

At standard intersections the minimum truncation b required is an area made by three equal chords of a 6 metre radius.

The verge width at truncations must be a minimum of c 4.5 metres (excluding laneway truncations).

At the entry / exit to Laneways the truncation d requirement is an area made by one chord of a 2 metre radius.

Truncations must be included on the subdivision plans. e

Timing Prior to the commencement of the use of the premises or if the application is for a subdivision be included on the subdivision plans.

FOOTPATHS AND BIKEWAYS

1.5m wide footpaths 15

Design and construct 1.5 metre wide paths in the a locations as generally shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting, except for the following variation:

i Location of kerb ramps as shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting is not acceptable. The location of kerb ramps must comply with Council’s Land Development Guidelines, and be located with a clear 1m separation to vehicular crossings and gully pits.

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

112 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The applicant must apply for and obtain a development b permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Information note:

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

2.5m wide linkage footpaths 16

Design and construct the 2.5 metre wide linkage paths a in the locations as generally shown on plan 153692-02I dated 4/08/2016 by Kevin Holt Consulting, except for the following variation:

i Location of kerb ramps as shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting is not acceptable. Location of kerb ramps must comply with Council’s Land development guidelines, and be located with a clear 1m separation to vehicular crossings.

ii The width of the verge containing the 2.5m linkage path along Mackenzie Street must be 5.5m (minimum).

The applicant must apply for and obtain a development b permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Information note:

This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009 (i.e. trunk infrastructure (not listed)).

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

STREET LIGHTS

Street lighting - design and installation 17

Design and install a street lighting system (including a connections and energising) to all roads within the subdivision, at no cost to Council. The design and construction of the street lighting b system must:

Be in accordance with SC6.9 City Plan policy – i Land development guidelines, Standard Specifications and Drawings; Meet the relevant requirements of the electricity ii

Timing Prior to compliance assessment of the subdivision plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

113 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and Be acceptable to the electricity supplier (eg. iii ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters).

PERMANENT SURVEY MARKS

Permanent Survey Marks and connection to lots 18

Connect all lots to Permanent Survey Marks (PSMs) in a accordance with SC6.9.6.3.3 City Plan policy – Land development guidelines and Guidelines for Creation and Submission of ADAC.xml Files. More specifically:

i the proposed lots must be connected to at least 3 existing or new coordinated permanent survey marks for inclusion in the City of Gold Coast Contributed Assets Register.

The connections of the lots to the PSMs and the b coordinates of the PSMs must be shown on the face of the subdivision plan/s when giving such plan/s to Council for compliance assessment.

Where new Permanent Survey Marks are installed, c they must comply with the requirements of SC6.9.6.3.3 City Plan policy – Land development guidelines. More specifically:

i be placed in locations so as to provide good coverage over the extent of the survey;

ii be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4th order for vertical accuracy in accordance with DNRM (Department of Natural Resources and Mines) Guidelines.

Provide written confirmation, from a registered d cadastral surveyor, that the above has been achieved.

Timing Prior to a request for compliance assessment of the subdivision plan.

ELECTRICAL RETICULATION & TELECOMMUNICATIONS

Electricity supply 19

Submit to Council a copy of the ‘Certificate of Supply’ a from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots.

Timing Prior to Council’s compliance assessment of subdivision plans.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

114 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

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

Telecommunications 20

Provide underground telecommunications to all a proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).

Size the pit and pipe infrastructure so as to cater for b future installation of fibre optic cables.

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

Provide separate certifications for each individual stage d within a multi-stage development.

Information note:

For sites comprising 100 dwelling/lots or more, underground fibre optic cabling must be installed by NBN Co or an alternative carrier.

Timing Prior to Council’s compliance assessment of subdivision plans.

WORKS – COMPLIANCE AND COMPLETION

Staged subdivision 21

The stages as shown on Proposal Plan 153692-02I dated 4/08/2016 by Kevin Holt Consulting are approved for the purposes of construction (subject to operational work approval) and compliance assessment of subdivision plans, subject to the following requirements:

The Operational Works application can cover more a than one stage, however the engineering plans must be split into the individual stages shown on the approved staging plan.

The construction of any approved operational works b (including provision of “as constructed” information) and compliance assessment of subdivision plans must be in the sequence (i.e. order) of the stages shown on the approved staging plan. To be clear, the subdivision plan for stage 1 must be approved by Council before (or at the same time as) the stage 2 subdivision plan, and so on.

Subdivision plans must correspond to the stages as c shown on the approved staging plan.

Any subsequent proposed amendments to the stage d

Timing As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

115 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

boundaries or the sequence of development must be first approved by Council as a change to the reconfiguration of a lot development approval and any operational work development approval.

Compliance assessment of subdivision plan before 22 completion of all works

In the event the applicant seeks the issue of a compliance certificate for the subdivision plan under section 407 of the Sustainable Planning Act 2009 before all conditions have been complied with and, if Council, in its absolute discretion, agrees to the request the applicant must, before the compliance certificate is issued:

b Give security to Council in the amount and form required by SC6.9 City Plan policy – Land development guidelines, Standard Specifications and Drawings and enter into a uncompleted works bond agreement with Council; and

c Provide the following ‘Preliminary As Constructed’ data for the constructed sewerage and stormwater infrastructure works that will come under Council’s ownership as contributed assets, certified by a Registered Professional Engineer of Queensland (RPEQ), in both hard copy and digital format in accordance with Council’s Standard Electronic Format For As Constructed Data:

i A completed As Constructed Data Submission Form available on Council’s website (Tracks document #18557146);

ii A Services Location Plan complying with the requirements of Council’s Standard Electronic Format For As Constructed Data but also including the following additional information;

A Location of sewerage house connections determined by offsets from allotment boundaries;

B Location of As Constructed and/or proposed stormwater structures and lines in private property, showing easements (eg. Property pits, field inlets, headwalls, stormwater pipework etc);

C Allotment numbers; and D The GCCC file reference PN# and any

operational work approval numbers.

Timing As indicated within the wording of the condition.

Compliance with Land Development Guidelines and 23 operational work development permits

Unless otherwise specified in the conditions of this development permit, all works the subject of this approval

Timing At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

116 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

must:

Be designed, constructed and maintained in a accordance with SC6.9 City Plan policy – Land development guidelines, Standard Specifications and Drawings;

In the case of assessable development, be approved b by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and

Where any Standard and/or Specification and/or Code c and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Specification, Code or Document is to take precedence.

HYDRAULICS AND STORMWATER MANAGEMENT

No worsening of hydraulic conditions 24

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

No increase in peak flow rates downstream from the a site;

No increase in flood levels external to the site; and b

No increase in duration of inundation external to the c site that could cause loss or damage.

Timing

At all times.

Alteration of overland flow paths 25

Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing

At all times.

Stormwater management plan to be complied with 26

The applicant must (for each stage of the development) 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 “Stormwater Management Plan – Residential Subdivision at 361-369 Foxwell Rd, Coomera, Revision C” dated 03 August 2016 prepared by Tribeca Homes Pty Ltd.

Information note:

This condition is imposed in accordance with section 665 of

Timing

The certification must be submitted prior to compliance assessment of the subdivision plan or 'On Maintenance' (whichever occurs first).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

117 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Certification that engineering drawings reflect 27 stormwater management treatment train

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater management confirming that the submitted engineering drawings accurately reflect the stormwater management treatment train contained within the approved stormwater management plan.

Timing

At the time of lodgement of any development application for operational work (works for infrastructure).

Stormwater headwalls, outlets and associated flow paths 28 and channels

All stormwater headwalls / outlets and associated flow a paths and channels must be:

Treated in a manner appropriate to their i proposed 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 b constructed to ensure no under-scouring can occur.

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

Timing

At all times.

Required setback to stormwater treatment devices 29

All residential lots must maintain a minimum separation a distance of five metres from the lot boundary to the top of batter associated with any of the following stormwater treatment devices:

Detention basin; and i

Bioretention basin. ii

Where a boundary created by the five metre setback b differs in location from the proposed boundary shown on any stamped and approved subdivision plan, the stormwater treatment device setback boundary takes precedence. If necessary, amendment to or deletion of the proposed lot boundary shown on the subdivision plan must be made to reflect compliance with this condition.

Timing

At all times.

Public utility (stormwater) easements to be provided 30

Public utility (stormwater) easements must be provided for the purposes of access, maintenance and construction of

Timing

The terms of the easement shall be

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

118 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

services, in favour of and at no cost to Council, over Council stormwater infrastructure (pipes and swales for rear allotment drainage) located in private land. Such easements must meet the following requirements:

Easement widths must comply with the requirements a specified in City Plan policy – Land development guidelines, Standard Specifications and Drawings for stormwater infrastructure. Notwithstanding the easement width requirements b specified in City Plan policy – Land development guidelines, Standard Specifications and Drawings, a 400 mm minimum horizontal clearance is required between infrastructures of differing types. The applicant must provide to Council a certification c from the surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the d satisfaction of the Council. Easement plans and associated documents must be e duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 document f shall refer to the Registered Document No. 707918364.

executed prior to the compliance assessment of the subdivision plan.

‘On Maintenance’ period for stormwater treatment 31 devices

The applicant is responsible for a 12-month ‘On a Maintenance’ period for all stormwater treatment devices (except for the bioretention basin, which is subject to a 24-month ‘On Maintenance’ period) in accordance with Council’s City Plan policy – Land development guidelines. During the ‘On Maintenance’ period, the applicant, and not Council, is responsible and liable for:

Maintaining stormwater treatment devices; i Rectifying any defects and any damage that ii occurs, unless the damage is directly attributable to Council activities; and Undertaking water quality monitoring and iii submitting the results to Council, monthly, for assessment.

All works must be completed in accordance with the b approved stormwater management plan at no cost to Council and to the satisfaction of the Council.

Bioretention devices will not be accepted as ‘On c Maintenance’ until at least 80% of the contributing

Timing

Prior to Council accepting the treatment devices ‘On Maintenance’.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

119 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

internal catchments have been completed and stabilised.

EROSION AND SEDIMENT CONTROL

Erosion and sediment control plan to be submitted 32

An Erosion and Sediment Control Plan (ESCP) must be prepared and submitted to Council for approval in conjunction with the operational works (works for infrastructures, change to ground level or vegetation clearing whichever occurs first) application. The ESCP must be prepared in accordance with the Council’s City Plan policy – Healthy waters development codes and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). The plan must:

Ensure that all reasonable and practicable measures a are implemented to minimise short and long-term erosion and adverse effects of sediment transport;

Be prepared by a suitably qualified professional b (Certified Practitioner in Erosion and Sediment Control or Registered Professional Engineer Queensland with experience and training in erosion and sediment control);

Relate to each phase of works (including clearing, c earthworks, civil construction, services installation and landscaping/rehabilitation) and detail the type, location, sequence and timing of measures and action to effectively minimise erosion, manage flows and capture sediment;

Include the results of all soil investigations undertaken d for the site and on which the ESCP is based;

Be consistent with current best practice standards to e the extent that the standards are not inconsistent with the conditions of approval and taking into account all environmental constraints including erosion hazard, season, climate, soil and proximity to waterways; and

Include monitoring requirements, and clearly outline the f need to adjust or maintain erosion and sediment control and site management practices to achieve the above requirements.

Timing As indicated within the wording of the condition.

Detailed design and certification of erosion and sediment 33 control measures

The development application for operational work a (works for infrastructure, change to ground level and vegetation clearing) must be accompanied by site specific detailed design of erosion and sediment control measures, including (but not limited to) details of:

Timing In conjunction with the lodgement of operational work (works for infrastructure, change to ground level and

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

120 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Catchment boundary and overland flow path; i

Estimated soil loss from each catchment; ii

Length, width and depth of each sediment basin; iii

Spillway details and levels; iv

Energy dissipation/scour protection; v

High flow bypass (if required); vi

Cross section, capacity and spacing of each vii catch/diversion drain;

Location and spacing of silt fences; viii

Frequency and location of water quality ix monitoring;

Maintenance requirements and frequencies; x

Maintenance access; and xi

Contingency measures in case of failure to xii achieve the water quality objectives.

The applicant must also submit certification from a b qualified professional confirming that the above detailed drawings are prepared in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

vegetation clearing). application.

Erosion and sediment control 34

Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance with the approved ESCP and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

To minimise unvegetated areas: d

Construction activities must be staged; i

Filled areas must be turfed or seeded ii immediately on completion; and

No area should remain exposed (unvegetated) for iii more than 2 weeks unless construction work is being undertaken on that area.

Immediately after completion of the construction of an e open drain:

The open drain must be turfed, unless approved i

Timing During operational / construction works (works for infrastructure, change to ground level and vegetation clearing).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

121 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

otherwise in a Council approved stormwater management plan; and

A turf strip must be placed at 90 degrees to the ii invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

Immediately after backfilling behind all kerbing: f

A turf strip 1 metre wide must be placed behind i all kerbing; and

A turf strip must be placed at 90 degrees to the ii kerb every 10 metres to prevent scouring along the turf edge,

in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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

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

Inspections after each storm event to assess the ii adequacy of the erosion control measures. The applicant must make good 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.

Water quality must be monitored in accordance with i Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

Construction of sediment basin 35

The sediment basin(s) proposed for the construction a

Timing During operational /

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

122 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

Each sediment basin must have the capacity to treat b flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

Sediment basins must be dewatered within 5 days after c each rainfall event.

Sediment basins and associated structures such as d inlets, outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI rainfall event under normal circumstances.

A high-flow bypass system must be included (if e necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

Accumulated sediment from basins and other controls f must be removed within two months and disposed of appropriately without causing water contamination.

construction works (works for infrastructure, change to ground level and vegetation clearing).

Inspections and reporting 36

All erosion and sediment control measures must be a inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council.

All drainage control structures such as diversion banks, b diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

Where inspection indicates a non-conformance, a Non-c Conformance Report must be generated. This report must include but not limited to the following:

Details of the nature and cause of non-i conformance; and

Details of the required corrective actions. ii

Corrective actions must be carried out within 24 hours

Timing During operational / construction works (works for infrastructure, change to ground level and vegetation clearing).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

123 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

where practicable or as agreed with the Construction Superintendent.

A monthly summary of Erosion and Sediment Control d (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

Filled in ESC inspection checklist of Best Practice i Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008);

Description of any incidents of non-conformance ii and corrective actions;

Results of corrective actions; and iii

Revisions to the Erosion and Sediment Control iv Plan (ESCP).

BUSHFIRE MANAGEMENT

Bushfire management plan must be complied with 37

All development carried out must be in accordance with a the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire Hazard Assessment for 361-369 Foxwell Road Coomera, A 136301, dated 6/12/2015, prepared by Ecological Survey & Management. All measures required by the approved BMP must be b implemented prior to the commencement of the use of the premises. The approved BMP must be complied with at all times c for the life of the development and the use of the premises.

Timing

As indicated within the wording of the condition.

Certification of compliance with approved bushfire 38 management plan

The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing

This certification must be provided to Council prior to the commencement of the use of the premises.

Bushfire management information for new purchasers 39

The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new purchaser and, in the case of a community titles scheme, the BMP must also be referenced in the Community Management Statement, so that each resident is informed about:

Timing

Prior to the transfer or sale of property.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

124 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The requirement for the approved BMP to be complied a with at all times for the life of the development and the use of the premises;

The potential bushfire hazard on the site; b

Their responsibility for fire management; and c

The measures available for ongoing fire hazard d mitigation.

Road design to provide access for fire fighters 40

Roads are to be designed and constructed to provide safe access for fire fighters.

Timing

At all times.

Water supply requirements for firefighting (reticulated 41 water supply)

For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for firefighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing

Prior to the use commencing and then maintained at all times.

Deviations require approval 42

Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland.

Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.

Timing

At all times.

Compliance with the recommendations 43

All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.

Timing

At all times.

Approved bushfire management plan and Council’s 44 decision notice

A copy of the approved bushfire management plan (BMP) is

Timing

At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

125 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.

REHABILITATION / REVEGETATION

Amended rehabilitation management plan to be 45 submitted for approval

The submitted rehabilitation management plan being a ‘Rehabilitation Plan 361-369 Foxwell Road, Coomera’ dated May 2016, prepared by ecological survey & management must be amended as follows:

Include an amended site layout plan pursuant to i condition 1;

Clearly identify the total area for each ii rehabilitation zone in m2;

Table 4 (Planting Schedule for RMZ 1) is to iii include a schedule for canopy species. Canopy species are to be consistent with Regional Ecosystem RE. 12.11.5a planted at a density of 4 plants per 25m2;

Table 4 (Planting Schedule for RMZ 1) is to iv include additional shrub species consistent with Regional Ecosystem RE. 12.11.5a being: Acacia disparrima, Allocasuarina littoralis, Lophostemon confertus and Lophostemon suaveolens;

Remove all rainforest planting within rehabilitation v management zone 2;

State that aquatic / amphibian friendly herbicide vi is to be used onsite at all times;

Section 5.1.3 (Tubestock plantings) is to state vii that a 90% survival rate will be achieved at the completion of the 12 month maintenance period;

Table 6 (Maintenance Schedule) is to increase viii weed control frequency to every 3 months during the on-maintenance period; and

Table 7 (Timing of Maintenance Works) is to ix increase weed control frequency to every 3 months during the on-maintenance period.

The applicant must submit the amended rehabilitation b management plan to Council for approval prior to any works commencing on site.

Timing

In conjunction with compliance assessment of the open space management plan.

Rehabilitation completion and certification 46

The applicant must undertake the a rehabilitation/revegetation works for the area identified as ‘Open Space’ on plan titled ‘Plan of Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4

Timing

Prior to the earlier of compliance assessment of the subdivision plan or the

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

126 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

August 2016, prepared by Kevin Holt Consulting, in accordance with the approved rehabilitation management plan.

The applicant must provide to Council certification from b a qualified professional that all works/measures in the approved rehabilitation management plan:

Have been implemented on-site; and i

Are properly established following a minimum 12 ii month establishment period and further 12 month on – maintenance period.

commencement of the use of the premises.

OPEN SPACE

Transfer of open space 47

The applicant must transfer to Council the areas of public open space listed a below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference

Conservation estate Open space Lot 900 (4,915 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Pedestrian linkages Lot 902 (320 m2)

Lot 903 (320 m2)

Lot 904 (300 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Utility reserve Basin site Lot 901

(2,633 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

The land identified in paragraph (a) must be transferred b in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

Council will hold the land in trust for community c infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the

Timing

Transfer documents are to be lodged with Council at:

a The same time as lodgement of the

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

127 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

purpose for which the land is dedicated.

The applicant must lodge the transfer documents with d Council.

The transfer of the land to Council must be at no cost to e Council.

Park dedication to Council must occur at the same time f as lodging plan sealing documents for that stage.

Information note:

Non-trunk Infrastructure - This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

subdivision plans for that stage; or,

b If no subdivision plans are required, prior to the commencement of the use.

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

Preparation of open space management plan (OSMP) 48

An open space management plan (‘OSMP’) must be a prepared, addressing all areas of land to be transferred to Council or that must be publicly accessible.

The OSMP must be prepared by a suitably qualified b professional in accordance with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

The submitted OSMP must include the following site-c specific issues:

Compliance with open space requirements listed i in the City Plan’sSC6.9 – Land Development Guidelines;

The estimated 5-year, 50-year and 100-year ARI ii flood levels on the site. The OSMP must demonstrate that any proposed public open space for recreational purposes complies with the minimum post-development flood immunity requirements in Table 1-32 (Minimum Post- Development Flood Immunity) in the Priority Infrastructure Plan;

A rehabilitation management plan (‘RMP’) must iii be submitted with the OSMP. Revegetation works within the conservation estate must achieve an overall density of 1 plant per square metre and planting ratio of 70% canopy: 20% understorey: 10% groundcover;

Timing

As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

128 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Rainforest species are not to be planted on-site, iv specifically within 10 of conservation estate and Lots 29 and 28. Planting species are to remain as turf or low groundcover species;

Removal of all barb wire fencing, rubbish, car v bodies, spoil and any other waste from future conservation estate for safety and maintenance access;

Stabilisation of stormwater infrastructure during vi construction and operations of the development;

Protection of significant hollow bearing trees. vii

Compliance assessment of OSMP 49

The OSMP 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 prepared in accordance with the City Plan.

When the request for compliance assessment must be 50 made

Prior to the approval of any development applications for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing or landscape work).

The OSMP is not an approved report until a compliance certificate has been issued in respect of it.

Compliance certificate with future operational work 51 development applications

A copy of compliance certificate for the OSMP must be provided with any future operational work development applications.

Compliance with OSMP prior to acceptance of open 52 space ‘On Maintenance’

All works specified in the OSMP and any conditions a imposed on the compliance certificate must be carried out in accordance with the approved plan at no cost to Council and to the satisfaction of the Chief Executive Officer, prior to Council accepting the open space ‘On Maintenance’ in accordance with City Plan SC6.9 – Land Development Guidelines.

The applicant must provide certification from a qualified b professional that all works in the approved OSMP and associated design drawings have been implemented on-site in accordance with the OSMP and the conditions of approval as stated on the compliance

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

129 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

certificate approving the OSMP. This certification must be provided to the Council prior to accepting the works ‘On Maintenance’.

Endorsement of concepts 53

The contents of the Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI.

Timing

At all times.

Detailed landscape plans for public open space to be 54 submitted for approval

a The applicant must submit to Council for approval detailed landscape plans, by making a development application for Operational work (public landscape work).

b Landscape works must not commence on the site until Council has issued a development permit for Operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c 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 endorsed Statement of Landscape Intent (‘SLI’) and Open Space Management Statement (‘OSMS’);

iii Be in general accordance with the final approved Open Space Management Plan (‘OSMP’);

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

v Comply with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy;

vi For works in the public road reserve, comply with the following requirements:

A Where trees are aligned with side boundaries or underground services, root containment systems must be used;

B Tree planting must be set back appropriately from the nominal kerb line;

C Trees must be a single-trunked canopy

Timing

Prior to any landscape works occurring.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

130 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two (2) metres laterally from inlet gullies;

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F Trees must not be planted within fifteen (15) metres of the approach side and six (6) metres of the departure side of a pedestrian crossing or bus stop;

G All built structures associated with an entry statement must be located within private property.

vii For all public open space areas, comply with the following requirements:

A Compliance with City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy;

B Details of all landscape works including new planting, rehabilitation works, built structures and stormwater treatment devices must be provided;

C Revegetation works within the conservation estate must achieve an overall density of 1 plant per square metre and planting ratio of 70% canopy: 20% understorey: 10% groundcover;

D Removal of all barb wire fencing, rubbish, car bodies, spoil and any other waste from future conservation estate for safety and maintenance access;

E All batters to public open space constructed at a slope steeper than 1:6 must be stabilised and revegetated;

F Include detailed design drawings of the stormwater treatment train including bioretention systems which have been prepared in consultation with a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater.

d The landscape works must be constructed in accordance with the approved landscape plan.

e The applicant must provide a Maintenance Management Plan as part of OPW public landscape work application. The maintenance zones, activities and schedule must be prepared in accordance with

Timing

Compliance with (d) to occur prior to the earliest of a request for compliance assessment of the

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

131 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

subdivision plan, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

As Constructed data to be submitted 55

The applicant must submit to Council the ‘As a Constructed Data’ in accordance with the requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

The applicant must submit amended ‘As Constructed b Data’ where required in accordance with the requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

Timing

Prior to the inspection for on maintenance

Prior to acceptance on/off maintenance

‘Pre-start’ inspection required 56

The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing

Prior to the commencement of approved landscape works on site.

Establishment period for open space areas 57

Upon completion of the landscape works in accordance a with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

The applicant is responsible for the establishment of all b living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve (12) month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with City Plan SC6.9 – Land Development Guidelines.

Without limiting the obligations under City Plan SC6.9 – c Land Development Guidelines the applicant must, during the ‘Establishment Period’:

Rectify any defects arising from substandard i workmanship;

Replace any planted vegetation of poor quality or ii inappropriate species where used instead of specified species; and

Timing

As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

132 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Maintain all components and their environs. iii

‘On Maintenance’ period for open space 58

Upon satisfactory completion of the ‘Establishment’ a period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a twelve (12) month ‘On Maintenance’ period in accordance with City Plan SC6.9 – Land Development Guidelines.

Without limiting the obligations under City Plan SC6.9 – b Land Development Guidelines, the applicant, and not Council, is responsible for:

Maintaining open space areas; and i

For the rectification of defects and any damage ii that occurs, unless the damage is directly attributable to Council activities.

Timing

As indicated within the wording of the condition.

Standard of works/embellishments within open space 59

Works undertaken and embellishments installed within public open space must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

Timing

During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.

Timing for completion of open space works 60

All works to be undertaken on land that is to be transferred to Council as public open space must be completed, to the satisfaction of the Chief Executive Officer, and have been accepted ‘On Maintenance’.

Timing

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

Fencing of boundary between transferred open space 61 and private land

Fences must be constructed at the interface of a common boundaries between public open space to be transferred to Council and private land.

Such fencing must be a maximum height of 1.8 metres, b a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.

Timing

Prior to the commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

Detailed landscape plan to be submitted for approval 62 (relating to fencing and landscaping within private

Timing

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

property along Foxwell Road)

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

Without limiting the requirements of the City Plan’s b Landscape Work Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional;

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

Comply with City Plan Policy – Landscape Work; iii

Clearly demonstrate the installation of dense iv screening vegetation within the 1.5m setback area between the property boundary and the fence along Foxwell Road; Such vegetation must be low maintenance and include regular tree planting (e.g. Syzygium ‘Elite’ with regular plantings of Lophostemon confertus);

Provide details of the fence construction to the v Foxwell Rd frontage, ensuring that the fence design includes high quality materials to provide a high quality visual outcome from Foxwell Road.

Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the submission of an application for compliance assessment of subdivision survey plans

Fencing Setback from Foxwell Road 63

Fencing and retaining structures to the property a boundary with Foxwell Road must be set back a minimum 1.5m within the private allotments to allow for landscape planting; and

Timing

At all times.

Pursuant to the required Operational Work b (landscaping) approval, the fencing and planting to the Foxwell Rd frontage must be installed and pass Council’s final inspection prior to the sealing of survey plans.

Timing

As indicated in the wording of the condition.

SEWER RETICULATION

Sewer reticulation 64

Each freehold lot within the development must be a connected to Council’s sewer reticulation system at no cost to Council.

The applicant is responsible for any external works b necessary to connect to Council’s live sewer reticulation system.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Design, construction and standard of sewer reticulation 65 Timing

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

At all times.

Connection points 66

The existing 150mm sewer infrastructure (maintenance a shaft 7B/1A as shown in As Constructed Survey - Sewer plan number 140240 – 10G SEW, dated 7/3/2016 by Kevin Holt Consulting Pty Ltd) located at the middle section of the common boundary of the subject development site and Lot 101 on SP207263 must be used as the connection point for the eastern catchment of the development site, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water.

The existing 150mm sewer main in Beacroft Street just b outside the north-western boundary of the development site must be used as the connection point for the central-western catchment, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water.

The existing 150mm sewer main located in Lot 970 on c SP276257 (Finnegan Environmental Reserve) to the west of the development site must be used as the connection point for the western catchment, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes unless otherwise approved by Gold Coast Water.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Operational work (works for infrastructure) application 67 required

The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing

Prior to works occurring.

Non – trunk sewer infrastructure works 68

The applicant is required to construct sewer mains within the development site to provide property service connection to each lot, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, and must be completed in accordance with engineering plans approved by Council at

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

135 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

their own cost.

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Connection and disconnection – arrangements with Gold 69 Coast Water

Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection to existing infrastructure.

Completion of external connections 70

All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Redundant Sewer Property Connections 71

The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Public utility sewer easements to be provided 72

Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

Where only one single service (e.g. sewer only) is a proposed within an easement, easement widths must comply with the requirements specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure.

Where multiples services are proposed within an b easement (e.g. sewer and stormwater), the minimum width of the easement shall be a minimum of 4.0 metres and comply with the requirements specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure and the City of Gold Coast City Plan Policy 6.9 Land Development Guidelines.

Timing

The terms of the easement shall be executed prior to the earlier of compliance assessment of the Reconfiguring of a Lot plan or commencement of the use of the premises.

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

The applicant must provide to Council a certification c from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

The terms of such easements shall be to the d satisfaction of Council’s Chief Executive Officer.

Easement plans and associated documents must be e duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

When registering the easements, the Form 9 document f shall refer to Registered Standard Terms Document No. 707918364.

No landscaping works involving deep rooted tree/shrub g plantings are permitted within Council’s easement.

WATER SUPPLY RETICULATION

Water supply reticulation (potable only) 73

Each freehold lot within the development must be a connected to Council’s potable water supply reticulation system at no cost to Council.

The applicant is responsible for any external works b necessary to connect to Council’s potable water supply reticulation system.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Design, construction and standard of water supply 74 reticulation

The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing

At all times.

Connection point 75

The existing water mains located in the following a streets must be used as the potable water supply connection points, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water:

Victor Street (north-eastern corner of the i development site). Jones Street (southern corner of the development ii site). Beacroft Street (north-western side of the iii development site). Mackenzie Street (western corner of the iv

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

137 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

development site).

Where mains exist on the opposite side of the street, b conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted).

Non – trunk water infrastructure works 76

The applicant is required to construct water mains within the development site to provide property service connection to each lot, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, and must be completed in accordance with engineering plans approved by Council at their own cost.

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Connection and disconnection – arrangements with Gold 77 Coast Water

Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing

Prior to connection to existing infrastructure.

Completion of external connections 78

All external water connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with the connection application as approved by Gold Coast Water.

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Installation of property service, water meter box and 79 meter

The applicant must:

Make application to Gold Coast Water for Gold Coast a Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of each single freehold residential lot, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

Timing

Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Supply standard 80

The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing

At all times.

Fire loading 81

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing

At all times.

ADVISORY NOTES TO APPLICANT

C 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.

C Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

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:

g 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;

h 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’);

i 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);

j 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;

k 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

l 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

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:

a Is not negated by the issuing of this development approval;

b Applies on all land and water, including freehold land;

c Lies with the person or entity conducting an activity; and

d If breached, is subject to criminal offence penalties.

Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care.

Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA.

The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

F Infrastructure charges

Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

Author: Authorised by:

Sheena Phillips Alisha Swain

A/ Senior Planner – North A/ Director Planning and Environment

October 2016

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 COMMITTEE RECOMMENDATION CP16.1026.002 moved Cr Caldwell seconded Cr Vorster Real property description Lots 11 & 12 on RP170746

Address of property 361 & 369 Foxwell Road, Coomera

Area of property Lot 11 (33,700m²), Lot 12 (35,200m²)

Decision type Development Permit For Material Change of Use for 104 Detached Dwellings and Development Permit for Reconfiguring a Lot for a 104 Lot Subdivision, Public Open Space and Roads

Further development permits Operational Work (Landscaping, Works for Infrastructure)

Further compliance permits

Compliance assessment required for documents or works

Survey Plan

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for 104 Detached Dwellings, 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

153692 (Sheet 1 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

153692 (Sheet 2 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

153692 (Sheet 3 of 3)

03G Plan of Development 04/08/2016 Kevin Holt Consulting

THP.01/D (Sheet 4 of 4)

D Typical House Landscape Plan

23.05.16 Botanica

showing the following amendments:

i All lots with a frontage width of less than 12 metres are to be amended to have a frontage width equal to or greater than 12 metres.

ii Additional requirements must be added to the POD under a new heading titled “Landscaping for Small Lots”; the requirements must read as follows: ‘For all dwellings on lots sized less than 400m2, landscaping must be undertaken prior to occupation of the dwelling. The landscaping must be in accordance with the Typical House Landscape Plan prepared by Botanica, Dwg: THP.01/D, Rev: D, Dated 23/05/16. Once installed, the landscaping

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

must be maintained at all times in accordance with this plan.’

iii Additional requirements must be added to the POD titled ‘Fencing’; the requirement must read as follows: “Fencing along Foxwell Road must be a maximum height of 1.8 metres and constructed of solid material up to 1.2 metres in height and must provide a minimum of 25% transparency between 1.2m to 1.8m.

iv A note must be included under the heading on the POD titled ‘Fencing’; the note must read as follows: ‘Estate fencing to Foxwell Road must be retained and maintained at all times.’

v Proposed Lots 23 - 33 being a total of eleven (11) lots are to be removed for the purpose of a recreational park.

vi A provision for a minimum of six (6) indented parking bays within the public open space area (recreational park).

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of:

i Sealing of survey plans.

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.

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.

Timing As indicated within the wording of the condition.

3 Decision notice and approved plans/drawings to be retained on site

A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing At all times.

4 Notice of works timetable

The applicant must give Council written notice of the following:

a Application number;

b Site address;

c Name and telephone number (work and after hours) of the project manager and the site owner;

d Works intended to be carried out;

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

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

e The proposed timetable associated with the works, including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals.

A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council’s website at http://www.goldcoast.qld.gov.au/forms-applications.html.

works on site.

CAR PARKING AND ACCESS

5 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 05-02-302 Vehicular crossing low density residential, and 05-02-303 Vehicular crossing low density residential requirements.

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.

6 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 the City Plan;

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

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.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

iv Submit ‘As Constructed’ data in accordance with the City Plan

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.

CONSTRUCTION MANAGEMENT

7 Transport of soil/fill/excavated material

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

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

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

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

Timing At all times while works are occurring.

8 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.

Timing At all times while works are occurring.

9 Public safety to be ensured

The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to,

Timing At all times while works are occurring.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

145 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.

HYDRAULICS

10 No loss of floodplain storage

The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.

Timing At all times.

11 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.

Timing At all times.

STORMWATER AND WATER QUALITY

12 Legal point of discharge

a The applicant must ensure that all stormwater drainage is directed to a lawful point of discharge in accordance with the Queensland Urban Drainage Manual Volume 1 Second Edition 2007 (‘QUDM’) Section 3.02.

b Should the development be unable to satisfy the conditions of the first test of QUDM Section 3.02, the applicant must submit a detailed drainage plan to Council for approval.

Timing Prior to the issue of the development permit for carrying out building work, or if an application for carrying out building work is not required, prior to commencement of the use the subject of this approval.

13 Hardstand areas graded towards landscape areas

All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council’s drainage system without proper treatment.

Timing At all times.

LANDSCAPE WORKS ON PRIVATE LAND

14 Landscaping Must Comply With Typical Plans

Landscaping within the frontage setback area of all dwellings on lots sized less than 400m2 must be generally in accordance with the approved Typical House Landscape Plan prepared by Botanica, Dwg: THP.01/D, Rev: D, Dated 23/05/16.

Timing At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

146 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Explanatory Note – in order for landscaping to be considered ‘generally in accordance’ with this plan, a minimum 10m2 garden area must be provided which contains a minimum 1 x canopy tree in 45 litre bag size and shrub and groundcover planting as per the typical plan. Garden edging and mulch must be installed. Where a 3m separation between the tree and building foundations is not possible, root barrier must be installed to manufacturer’s specifications.

OPEN SPACE

15 Required landscape treatment to batters within public open space

a All earthwork areas within public open space must be revegetated. The revegetation species and type will be determined as part of future detailed landscape plans and will be dependent on slope and location in accordance with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

b Rainforest planting are not approved within the 10 metre setback to the Conservation Estate and adjacent properties. This area is to primarily consist of turf and groundcover planting only.

Timing At all times.

16 Protection of retained vegetation within future public open space

The applicant must ensure the design of the stone pitching outlet areas associated with the stormwater management basin, incorporate low-impact design measures in order to minimise the impact of stormwater flow onto retained vegetation within future public open space.

Timing At all times.

VEGETATION MANAGEMENT

17 Management of retained trees

The applicant must ensure:

a The existing trees nominated for retention on ‘Plan of Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4 August 2016, prepared by Kevin Holt Consulting, are to be managed during construction activities in accordance with the Final Tree Management Report and Australian Standard AS 4970 – 2009 Protection of trees on development sites to avoid any of the following:

i Structural damage to the tree including root damage;

ii Compaction of the root plate including parking of

Timing At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

147 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

any vehicles;

iii Filling of soil within the Tree Protection Zone (TPZ) and/or drip zone;

iv Storage of any building materials within the drip zone;

v Installation of sediment and erosion control infrastructure within the Structural Root Zone; and

vi Long-term harm to the health of the tree.

18 Tree sensitive design for open channel

a The open stormwater channel through the open space area as identified on Drawing No: 1011-00-C-SW02, Concept Stormwater Drainage Plan, Rev C, dated 3 August 2016, prepared by Tribeca Homes Pty Ltd, is to be sensitively designed to ensure the survival and long term health of all retained trees.

b The final design and location of the open channel is to be in accordance with the following:

i Located outside the structural root zone (SRZ) of all retained trees;

ii Must not exceed 10 % encroachment within the tree protection zone (TPZ) of any retained tree unless assessed and approved by a level 5 qualified arborist; and

The final design and location of the open channel is to be certified by a level 5 qualified arborist demonstraitng that all trees can be retained.

Timing In conjunction with an operational works application including civil works, change to ground level and tree works.

19 Arborist report – tree assessment and tree management plan

a The applicant must submit a Tree Assessment and Tree Management Plan for the existing trees nominated for retention on ‘Plan of Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4 August 2016, prepared by Kevin Holt Consulting.

b This plan is to be prepared by a qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture.

c All tree management procedures within the report are to be in accordance with the Australian Standard AS4970 – 2009 Protection of trees on development sites. The Arborist report must contain the following information:

i An appraisal of the health and vigour of the

Timing In conjunction with an operational works application including civil works, change to ground level and tree works.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

148 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

existing trees, including stage of growth, predicted gross morphology, crown framework and extent of root system.

ii Tree site plan of suitable scale to proposed development layout plans identifying tree species, height, diameter at 1.4 metres above ground level, and habitat features (i.e. hollows/nest, potential feed tree).

iii Tree site plan of suitable scale to proposed development layout plans identifying all required Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for all trees within and/or immediately adjacent to proposed work areas including: the open stormwater channel, stone pitching outlet areas, batters and retaining walls.

iv Details of all proposed vegetation works (including proposed clearing or retention works) to ensure:

A The survival, ongoing health and vigour of retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.

20 Vegetation works OPW application required

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Assessable Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. Decision notice or letter of approval):

a The approved MCU / ROL layout plan.

b The approved bushfire management plan.

c Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained.

d A letter from an EPA-approved spotter-catcher together with any necessary fauna management plan or a QPWS-endorsed fauna translocation management plan.

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

149 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

e A basic vegetation management plan.

f A sediment and erosion control and construction management plan.

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 the domain or LAP;

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.

FAUNA MANAGEMENT

21 Filling of waterbodies / dams

The applicant must ensure that a DEHP-approved spotter-catcher is engaged for the works associated with dewatering any waterbodies / dams. The spotter-catcher must:

a Net the dame and relocate fauna prior to works; and

b Must be present for the dewatering activity.

Timing At all times.

FAUNA MANAGEMENT

22 Filling of waterbodies / dams

The applicant must ensure that a DEHP-approved spotter-catcher is engaged for the works associated with dewatering any waterbodies / dams. The spotter-catcher must:

a Net the dame and relocate fauna prior to works; and

b Must be present for the dewatering activity.

Timing At all times.

SEWER RETICULATION

23 Sewer reticulation

a The development must be connected to Council’s sewer reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

Timing Prior to commencement of the use of the premises.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

150 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

24 No building work over or within Council easements and minimum distance from Council infrastructure

a No building work is permitted over or within any Council public utility easements.

b All proposed buildings and structures must be located a minimum distance of 1.5 metres from Council infrastructure, unless otherwise approved by Gold Coast Water.

c Clearance of all proposed buildings and structures from the existing or proposed maintenance holes located within the development site, shall be the lesser of the following 2 options:

i 1.2m from the outer edge of the maintenance hole cover frame, or

ii 1.3m from the centre of the maintenance hole (in this case an investigation to verify this clearance must be performed by an authorised person),

in accordance with drawing number SEQ-BOAA-S1, dated 23/05/2012 under Section 1.7.1 Maintenance Hole/Shaft Clearance Requirements of the Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing At all times during works and then maintained.

WATER SUPPLY RETICULATION

25 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s potable water supply reticulation system.

Timing Prior to commencement of the use of the premises.

26 Supply standard

The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing At all times.

27 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing At all times.

NATURE OF DECISION

A Council approves the issue of a Development Permit for Reconfiguring a Lot for a 104

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

151 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Lot Subdivision, Public Open Space and Roads, 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

153692–02I 02I Plan of Proposed Reconfiguration

4/08/2016 Kevin Holt Consulting

showing the following amendments:

i All lots with a frontage width of less than 12 metres are to be amended to have a frontage width equal to or greater than 12 metres.

ii Location of kerb ramps must comply with Council’s Land Development Guidelines, and be located with a clear 1m separation to vehicular crossings and gully pits.

iii Kerb returns at all intersections are required to have a 6m radius (maximum).

iv Proposed Lots 23 - 33 being a total of eleven (11) lots are to be removed for the purpose of a recreational park.

v The area in front of Lots 91-104 being 1.5 metres in width shall be included as public open space for the purposes of landscaping. The swale drain and all retaining structures are to remain within the private allotment as per condition 63.

vi A provision for a minimum of six (6) indented parking bays within the public open space area (recreational park).

b The amended plans/drawings are to be submitted to Council for approval the earlier of:

i Issue of a development approval for operational work.

ii Pre-start inspection for operational work.

iii Compliance assessment of the subdivision plan.

iv Commencement of the use of the premises.

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

2 Decision notice and approved plans/drawings to be submitted with subsequent application

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

Timing As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

152 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

3 Decision notice and approved plans/drawings to be retained on site

A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing At all times.

ROADS

4 Interim external roadworks: Foxwell Road/Henry Street intersection

If the roundabout on Foxwell Road at the intersection with Henry Street is not constructed, the applicant must design and construct a Type AUL(S) turn treatment on Foxwell Road at the intersection with Henry Street. The design and construction of this turn treatment must be in accordance with Austroads Guide to Road Design Part 4A: Unsignalised and signalised intersections.

Information note:

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

The type AUL(S) turn treatment is considered an interim treatment until such time as the ultimate roundabout on Foxwell Road at its intersection with Henry Street is constructed.

Timing Prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of stage 1.

5 Contribution to remove Type AUL(S) turn treatment

Prior to commencement of any work onsite the applicant shall submit a cost estimation schedule for review and endorsement by Council for the following works:

i Removal of the auxiliary left turn short lane on Foxwell Road at Henry Street intersection and reinstatement of kerb and channel (subdivision side only), associated stormwater drainage works, line-marking, signage etc.

Once the cost estimate is endorsed by Council, the developer must pay the contribution amount into an account to be advised by Council at time of payment. This will be drawn upon by Council when roundabout on Foxwell Road at Henry Street intersection is constructed.

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 earlier of compliance assessment of the subdivision plan or commencement of the use of stage 1.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

153 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

6 Land dedication for road widening

Land shown on Kevin Holt Consulting Plan Number 153692, Revision 021 dated 4/08/2016 must be dedicated to Council for road widening purposes.

At plan sealing stage a plan must be submitted certified by a registered land surveyor confirming the dedication area meets the requirement of the plan above.

Information note:

This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009 (i.e. trunk infrastructure (not listed)).

Timing Prior to the earlier of compliance assessment of the subdivision plan or commencement of the use of stage 2.

7 Roadworks: Residential collector streets

Design and construct Jones Street and Victor Street to a ‘Residential Collector Street’ classification. The roads must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

8 Roadworks: Residential access streets

Design and construct Mackenzie Street and Beecroft Street to a ‘Residential Access Street’ classification as detailed below:

a Mackenzie Street must have a 7.5m wide carriageway, 4.5m wide western/southern verge and 5.5m (minimum) wide eastern / northern verge (to accommodate the 2.5m wide footpath) on 17.5m (minimum) reserve.

b Beecroft Street must have a 7.5m wide carriageway and 4.5m wide verges on 16.5m (minimum) reserve.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

9 Roadworks: Access lanes

Design and construct Access Lane/s (short stub roads) adjacent to lots 11 to 13 and 91 to 93 to a ‘Residential Access Street’ classification for pavement depth and gradient purposes, and comply with the following:

a Have a 5.5m wide pavement, centrally located with a 12.5m (minimum) reserve;

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

154 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

b A maximum of three dwellings are permitted to access the Access Lanes;

c Must be designed with kerb and channel and flexible pavement;

d Must have a threshold treatment at the intersection;

e Must have 3m (maximum) radius kerb returns at the intersection.

Information note:

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

10 Roadworks: Line-marking and signage

a All line-marking and signage shall be undertaken in accordance with the details contained on the relevant Council standard drawings and the latest version of the Queensland Manual of Uniform Traffic Control Devices (MUTCD).

b A line-marking and signage plan must be submitted with and form part of the operational works drawings for the roadworks.

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 earlier of Council’s compliance assessment of the subdivision plans or the commencement of the use.

11 Kerb and channel profile

All roads are required to have ‘barrier’ kerb and channel (k&c).

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

12 Kerb return radius

Kerb returns at all standard residential access and collector street intersections are required to have a 6 metre maximum radius.

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

13 Road names to be submitted for new public roads

a Submit to Council for approval, on a road hierarchy plan, specific road names and designations for all proposed public roads within the site. Proposed road names must not conflict with existing road names in the

Timing The plan must be submitted and approved prior to the making of any development

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

155 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

general area.

b Where an existing road is proposed to be extended, the extension is required to have the same road name as the existing road.

c All engineering drawings submitted with any development application for operational work (works for infrastructure) must display the approved street names.

application for operational work (works for infrastructure).

14 Land required for corner truncations

a Land required to provide corner truncations at all intersections within the development site must be dedicated as road reserve.

b At standard intersections the minimum truncation required is an area made by three equal chords of a 6 metre radius.

c The verge width at truncations must be a minimum of 4.5 metres (excluding laneway truncations).

d At the entry / exit to Laneways the truncation requirement is an area made by one chord of a 2 metre radius.

e Truncations must be included on the subdivision plans.

Timing Prior to the commencement of the use of the premises or if the application is for a subdivision be included on the subdivision plans.

FOOTPATHS AND BIKEWAYS

15 1.5m wide footpaths

a Design and construct 1.5 metre wide paths in the locations as generally shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting, except for the following variation:

i Location of kerb ramps as shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting is not acceptable. The location of kerb ramps must comply with Council’s Land Development Guidelines, and be located with a clear 1m separation to vehicular crossings and gully pits.

b The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Information note:

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

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

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

156 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 16 2.5m wide linkage footpaths

a Design and construct the 2.5 metre wide linkage paths in the locations as generally shown on plan 153692-02I dated 4/08/2016 by Kevin Holt Consulting, except for the following variation:

i Location of kerb ramps as shown on plan153692-02I dated 4/08/2016 by Kevin Holt Consulting is not acceptable. Location of kerb ramps must comply with Council’s Land development guidelines, and be located with a clear 1m separation to vehicular crossings.

ii The width of the verge containing the 2.5m linkage path along Mackenzie Street must be 5.5m (minimum).

b The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of landscaping plans, which show the location of footpaths, is not to be taken as an approval to construct such paths.

Information note:

This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009 (i.e. trunk infrastructure (not listed)).

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

STREET LIGHTS

17 Street lighting - design and installation

a Design and install a street lighting system (including connections and energising) to all roads within the subdivision, at no cost to Council.

b The design and construction of the street lighting system must: i Be in accordance with SC6.9 City Plan policy –

Land development guidelines, Standard Specifications and Drawings;

ii Meet the relevant requirements of the electricity supplier (where the supplier is ENERGEX, this includes ENERGEX’s Public Lighting Construction Manual); and

iii Be acceptable to the electricity supplier (eg. ENERGEX) as ‘Rate 2 Public Lighting’ (refer ENERGEX’s Rate 2 Public Lighting Design Parameters).

Timing Prior to compliance assessment of the subdivision plan.

PERMANENT SURVEY MARKS

18 Permanent Survey Marks and connection to lots Timing

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

157 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

a Connect all lots to Permanent Survey Marks (PSMs) in accordance with SC6.9.6.3.3 City Plan policy – Land development guidelines and Guidelines for Creation and Submission of ADAC.xml Files. More specifically:

i the proposed lots must be connected to at least 3 existing or new coordinated permanent survey marks for inclusion in the City of Gold Coast Contributed Assets Register.

b The connections of the lots to the PSMs and the coordinates of the PSMs must be shown on the face of the subdivision plan/s when giving such plan/s to Council for compliance assessment.

c Where new Permanent Survey Marks are installed, they must comply with the requirements of SC6.9.6.3.3 City Plan policy – Land development guidelines. More specifically:

i be placed in locations so as to provide good coverage over the extent of the survey;

ii be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4th order for vertical accuracy in accordance with DNRM (Department of Natural Resources and Mines) Guidelines.

d Provide written confirmation, from a registered cadastral surveyor, that the above has been achieved.

Prior to a request for compliance assessment of the subdivision plan.

ELECTRICAL RETICULATION & TELECOMMUNICATIONS

19 Electricity supply

a Submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots.

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

Timing Prior to Council’s compliance assessment of subdivision plans.

20 Telecommunications

a Provide underground telecommunications to all proposed lots and pit and pipe infrastructure along new/existing roads, in accordance with telecommunications industry standards (eg. Telstra or NBN Co standards).

b Size the pit and pipe infrastructure so as to cater for

Timing Prior to Council’s compliance assessment of subdivision plans.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

158 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

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 or NBN Co standards).

d Provide separate certifications for each individual stage within a multi-stage development.

Information note:

For sites comprising 100 dwelling/lots or more, underground fibre optic cabling must be installed by NBN Co or an alternative carrier.

WORKS – COMPLIANCE AND COMPLETION

21 Staged subdivision

The stages as shown on Proposal Plan 153692-02I dated 4/08/2016 by Kevin Holt Consulting are approved for the purposes of construction (subject to operational work approval) and compliance assessment of subdivision plans, subject to the following requirements:

a The Operational Works application can cover more than one stage, however the engineering plans must be split into the individual stages shown on the approved staging plan.

b The construction of any approved operational works (including provision of “as constructed” information) and compliance assessment of subdivision plans must be in the sequence (i.e. order) of the stages shown on the approved staging plan. To be clear, the subdivision plan for stage 1 must be approved by Council before (or at the same time as) the stage 2 subdivision plan, and so on.

c Subdivision plans must correspond to the stages as shown on the approved staging plan.

d Any subsequent proposed amendments to the stage boundaries or the sequence of development must be first approved by Council as a change to the reconfiguration of a lot development approval and any operational work development approval.

Timing As indicated within the wording of the condition.

22 Compliance assessment of subdivision plan before completion of all works

In the event the applicant seeks the issue of a compliance certificate for the subdivision plan under section 407 of the

Timing As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

159 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Sustainable Planning Act 2009 before all conditions have been complied with and, if Council, in its absolute discretion, agrees to the request the applicant must, before the compliance certificate is issued:

b Give security to Council in the amount and form required by SC6.9 City Plan policy – Land development guidelines, Standard Specifications and Drawings and enter into a uncompleted works bond agreement with Council; and

c Provide the following ‘Preliminary As Constructed’ data for the constructed sewerage and stormwater infrastructure works that will come under Council’s ownership as contributed assets, certified by a Registered Professional Engineer of Queensland (RPEQ), in both hard copy and digital format in accordance with Council’s Standard Electronic Format For As Constructed Data:

i A completed As Constructed Data Submission Form available on Council’s website (Tracks document #18557146);

ii A Services Location Plan complying with the requirements of Council’s Standard Electronic Format For As Constructed Data but also including the following additional information;

A Location of sewerage house connections determined by offsets from allotment boundaries;

B Location of As Constructed and/or proposed stormwater structures and lines in private property, showing easements (eg. Property pits, field inlets, headwalls, stormwater pipework etc);

C Allotment numbers; and D The GCCC file reference PN# and any

operational work approval numbers. 23 Compliance with Land Development Guidelines and

operational work development permits

Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must:

a Be designed, constructed and maintained in accordance with SC6.9 City Plan policy – Land development guidelines, Standard Specifications and Drawings;

b In the case of assessable development, be approved by effective development permits for operational work

Timing At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

160 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

prior to such works commencing, as this approval does not include approval of any operational work; and

c Where any Standard and/or Specification and/or Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Specification, Code or Document is to take precedence.

HYDRAULICS AND STORMWATER MANAGEMENT

24 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.

Timing At all times.

25 Alteration of overland flow paths

Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.

Timing At all times.

26 Stormwater management plan to be complied with

The applicant must (for each stage of the development) 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 “Stormwater Management Plan – Residential Subdivision at 361-369 Foxwell Rd, Coomera, Revision C” dated 03 August 2016 prepared by Tribeca Homes Pty Ltd.

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 compliance assessment of the subdivision plan or 'On Maintenance' (whichever occurs first).

27 Certification that engineering drawings reflect stormwater management treatment train

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ)

Timing At the time of lodgement of any development

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

161 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

specialising in stormwater management confirming that the submitted engineering drawings accurately reflect the stormwater management treatment train contained within the approved stormwater management plan.

application for operational work (works for infrastructure).

28 Stormwater headwalls, outlets and associated flow paths and channels

a All stormwater headwalls / outlets and associated flow paths and channels 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 the satisfaction of the Chief Executive Officer to ensure that no erosion or destabilisation occurs.

Timing At all times.

29 Required setback to stormwater treatment devices

a All residential lots must maintain a minimum separation distance of five metres from the lot boundary to the top of batter associated with any of the following stormwater treatment devices:

i Detention basin; and

ii Bioretention basin.

b Where a boundary created by the five metre setback differs in location from the proposed boundary shown on any stamped and approved subdivision plan, the stormwater treatment device setback boundary takes precedence. If necessary, amendment to or deletion of the proposed lot boundary shown on the subdivision plan must be made to reflect compliance with this condition.

Timing At all times.

30 Public utility (stormwater) easements to be provided

Public utility (stormwater) easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council stormwater infrastructure (pipes and swales for rear allotment drainage) located in private land. Such easements must meet the following requirements:

a Easement widths must comply with the requirements specified in City Plan policy – Land development

Timing The terms of the easement shall be executed prior to the compliance assessment of the subdivision plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

162 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

guidelines, Standard Specifications and Drawings for stormwater infrastructure.

b Notwithstanding the easement width requirements specified in City Plan policy – Land development guidelines, Standard Specifications and Drawings, a 400 mm minimum horizontal clearance is required between infrastructures of differing types.

c The applicant must provide to Council a certification from the surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

d The terms of such easements shall be to the satisfaction of the Council.

e Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

f When registering the easements, the Form 9 document shall refer to the Registered Document No. 707918364.

31 ‘On Maintenance’ period for stormwater treatment devices

a The applicant is responsible for a 12-month ‘On Maintenance’ period for all stormwater treatment devices (except for the bioretention basin, which is subject to a 24-month ‘On Maintenance’ period) in accordance with Council’s City Plan policy – Land development guidelines. During the ‘On Maintenance’ period, the applicant, and not Council, is responsible and liable for:

i Maintaining stormwater treatment devices; ii Rectifying any defects and any damage that

occurs, unless the damage is directly attributable to Council activities; and

iii Undertaking water quality monitoring and submitting the results to Council, monthly, for assessment.

b All works must be completed in accordance with the approved stormwater management plan at no cost to Council and to the satisfaction of the Council.

c Bioretention devices will not be accepted as ‘On Maintenance’ until at least 80% of the contributing internal catchments have been completed and stabilised.

Timing Prior to Council accepting the treatment devices ‘On Maintenance’.

EROSION AND SEDIMENT CONTROL

32 Erosion and sediment control plan to be submitted Timing

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

163 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

An Erosion and Sediment Control Plan (ESCP) must be prepared and submitted to Council for approval in conjunction with the operational works (works for infrastructures, change to ground level or vegetation clearing whichever occurs first) application. The ESCP must be prepared in accordance with the Council’s City Plan policy – Healthy waters development codes and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). The plan must:

a Ensure that all reasonable and practicable measures are implemented to minimise short and long-term erosion and adverse effects of sediment transport;

b Be prepared by a suitably qualified professional (Certified Practitioner in Erosion and Sediment Control or Registered Professional Engineer Queensland with experience and training in erosion and sediment control);

c Relate to each phase of works (including clearing, earthworks, civil construction, services installation and landscaping/rehabilitation) and detail the type, location, sequence and timing of measures and action to effectively minimise erosion, manage flows and capture sediment;

d Include the results of all soil investigations undertaken for the site and on which the ESCP is based;

e Be consistent with current best practice standards to the extent that the standards are not inconsistent with the conditions of approval and taking into account all environmental constraints including erosion hazard, season, climate, soil and proximity to waterways; and

f Include monitoring requirements, and clearly outline the need to adjust or maintain erosion and sediment control and site management practices to achieve the above requirements.

As indicated within the wording of the condition.

33 Detailed design and certification of erosion and sediment control measures

a The development application for operational work (works for infrastructure, change to ground level and vegetation clearing) must be accompanied by site specific detailed design of erosion and sediment control measures, including (but not limited to) details of:

i Catchment boundary and overland flow path;

ii Estimated soil loss from each catchment;

iii Length, width and depth of each sediment basin;

Timing In conjunction with the lodgement of operational work (works for infrastructure, change to ground level and vegetation clearing). application.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

164 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

iv Spillway details and levels;

v Energy dissipation/scour protection;

vi High flow bypass (if required);

vii Cross section, capacity and spacing of each catch/diversion drain;

viii Location and spacing of silt fences;

ix Frequency and location of water quality monitoring;

x Maintenance requirements and frequencies;

xi Maintenance access; and

xii Contingency measures in case of failure to achieve the water quality objectives.

b The applicant must also submit certification from a qualified professional confirming that the above detailed drawings are prepared in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

34 Erosion and sediment control

a Erosion, sediment and dust control measures must be designed, implemented and maintained in accordance with the approved ESCP and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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

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 To minimise unvegetated areas:

i Construction activities must be staged;

ii Filled areas must be turfed or seeded immediately on completion; and

iii No area should remain exposed (unvegetated) for more than 2 weeks unless construction work is being undertaken on that area.

e Immediately after completion of the construction of an open drain:

i The open drain must be turfed, unless approved otherwise in a Council approved stormwater management plan; and

Timing During operational / construction works (works for infrastructure, change to ground level and vegetation clearing).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

165 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

ii A turf strip must be placed at 90 degrees to the invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

f Immediately after backfilling behind all kerbing:

i A turf strip 1 metre wide must be placed behind all kerbing; and

ii A turf strip must be placed at 90 degrees to the kerb every 10 metres to prevent scouring along the turf edge,

in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

g 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.

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

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

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must make good 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.

i Water quality must be monitored in accordance with Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

35 Construction of sediment basin a The sediment basin(s) proposed for the construction

phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control

Timing During operational / construction works (works for

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

166 Adopted Report

Page 167: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

(IECA Australasia, November 2008).

b Each sediment basin must have the capacity to treat flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered within 5 days after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI rainfall event under normal circumstances.

e A high-flow bypass system must be included (if necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed within two months and disposed of appropriately without causing water contamination.

infrastructure, change to ground level and vegetation clearing).

36 Inspections and reporting

a All erosion and sediment control measures must be inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council.

b All drainage control structures such as diversion banks, diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following:

i Details of the nature and cause of non-conformance; and

ii Details of the required corrective actions.

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

Timing During operational / construction works (works for infrastructure, change to ground level and vegetation clearing).

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

167 Adopted Report

Page 168: of the City Planning Committee Meeting · 2019-06-23 · spaces for visitors. The applicant seeks an alternative outcome being two (2) car parking spaces per dwelling unit and one

ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

d A monthly summary of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

i Filled in ESC inspection checklist of Best Practice Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008);

ii Description of any incidents of non-conformance and corrective actions;

iii Results of corrective actions; and

iv Revisions to the Erosion and Sediment Control Plan (ESCP).

BUSHFIRE MANAGEMENT

37 Bushfire management plan must be complied with

a All development carried out must be in accordance with the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire Hazard Assessment for 361-369 Foxwell Road Coomera, A 136301, dated 6/12/2015, prepared by Ecological Survey & Management.

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

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

Timing As indicated within the wording of the condition.

38 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

39 Bushfire management information for new purchasers The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet to each new purchaser and, in the case of a community titles scheme, the BMP must also be referenced in the Community Management Statement, so that each resident is informed about:

a The requirement for the approved BMP to be complied with at all times for the life of the development and the

Timing Prior to the transfer or sale of property.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

168 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

use of the premises;

b The potential bushfire hazard on the site;

c Their responsibility for fire management; and

d The measures available for ongoing fire hazard mitigation.

40 Road design to provide access for fire fighters Roads are to be designed and constructed to provide safe access for fire fighters.

Timing At all times.

41 Water supply requirements for firefighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for firefighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

42 Deviations require approval

Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland.

Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.

Timing At all times.

43 Compliance with the recommendations

All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.

Timing At all times.

44 Approved bushfire management plan and Council’s decision notice

A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application

Timing At all times.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

169 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

and must be distributed to individual and future lot owners.

REHABILITATION / REVEGETATION

45 Amended rehabilitation management plan to be submitted for approval

a The submitted rehabilitation management plan being ‘Rehabilitation Plan 361-369 Foxwell Road, Coomera’ dated May 2016, prepared by ecological survey & management must be amended as follows:

i Include an amended site layout plan pursuant to condition 1;

ii Clearly identify the total area for each rehabilitation zone in m2;

iii Table 4 (Planting Schedule for RMZ 1) is to include a schedule for canopy species. Canopy species are to be consistent with Regional Ecosystem RE. 12.11.5a planted at a density of 4 plants per 25m2;

iv Table 4 (Planting Schedule for RMZ 1) is to include additional shrub species consistent with Regional Ecosystem RE. 12.11.5a being: Acacia disparrima, Allocasuarina littoralis, Lophostemon confertus and Lophostemon suaveolens;

v Remove all rainforest planting within rehabilitation management zone 2;

vi State that aquatic / amphibian friendly herbicide is to be used onsite at all times;

vii Section 5.1.3 (Tubestock plantings) is to state that a 90% survival rate will be achieved at the completion of the 12 month maintenance period;

viii Table 6 (Maintenance Schedule) is to increase weed control frequency to every 3 months during the on-maintenance period; and

ix Table 7 (Timing of Maintenance Works) is to increase weed control frequency to every 3 months during the on-maintenance period.

b The applicant must submit the amended rehabilitation management plan to Council for approval prior to any works commencing on site.

Timing In conjunction with compliance assessment of the open space management plan.

46 Rehabilitation completion and certification a The applicant must undertake the

rehabilitation/revegetation works for the area identified as ‘Open Space’ on plan titled ‘Plan of Proposed Reconfiguration’ Plan No: 153692, Rev 02I, dated 4 August 2016, prepared by Kevin Holt Consulting, in

Timing Prior to the earlier of compliance assessment of the subdivision plan or the commencement of the

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

170 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

accordance with the approved rehabilitation management plan.

b The applicant must provide to Council certification from a qualified professional that all works/measures in the approved rehabilitation management plan:

i Have been implemented on-site; and

ii Are properly established following a minimum 12 month establishment period and further 12 month on – maintenance period.

use of the premises.

OPEN SPACE

47 Transfer of open space a The applicant must transfer to Council the areas of public open space listed

below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference

Conservation estate Open space Lot 900 (4,915 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Pedestrian linkages Lot 902 (320 m2) Lot 903 (320 m2) Lot 904 (300 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Utility reserve Basin site Lot 901 (2,633 m2)

Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Recreational Park Approximately 4,652m2 Removal of Lots 23-33 on Plan of proposed reconfiguration, Plan No. Rev: 153695-02I, prepared by Kevin Holt Consulting dated 04/08/2016

Amended Plans referred to in Condition 1.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

171 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Landscape Buffer to Foxwell Road

The area in front of Lots 91-104 being 1.5 metres in width.

Amended Plans referred to in Condition 1.

b The land identified in paragraph (a) must be transferred in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated.

d The applicant must lodge the transfer documents with Council.

e The transfer of the land to Council must be at no cost to Council.

f Park dedication to Council must occur at the same time as lodging plan sealing documents for that stage.

Information note:

Non-trunk Infrastructure - This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Transfer documents are to be lodged with Council at:

a The same time as lodgement of the subdivision plans for that stage; or,

b If no subdivision plans are required, prior to the commencement of the use.

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

48 Preparation of open space management plan (OSMP) a An open space management plan (‘OSMP’) must be

prepared, addressing all areas of land to be transferred to Council or that must be publicly accessible.

b The OSMP must be prepared by a suitably qualified professional in accordance with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

c The submitted OSMP must include the following site-specific issues:

i Compliance with open space requirements listed in the City Plan’sSC6.9 – Land Development Guidelines;

ii The estimated 5-year, 50-year and 100-year ARI flood levels on the site. The OSMP must demonstrate that any proposed public open space for recreational purposes complies with the

Timing As indicated within the wording of the condition.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

172 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

minimum post-development flood immunity requirements in Table 1-32 (Minimum Post- Development Flood Immunity) in the Priority Infrastructure Plan;

iii A rehabilitation management plan (‘RMP’) must be submitted with the OSMP. Revegetation works within the conservation estate must achieve an overall density of 1 plant per square metre and planting ratio of 70% canopy: 20% understorey: 10% groundcover;

iv Rainforest species are not to be planted on-site, specifically within 10 of conservation estate and Lots 29 and 28. Planting species are to remain as turf or low groundcover species;

v Removal of all barb wire fencing, rubbish, car bodies, spoil and any other waste from future conservation estate for safety and maintenance access;

vi Stabilisation of stormwater infrastructure during construction and operations of the development;

vii Protection of significant hollow bearing trees.

49 Compliance assessment of OSMP

The OSMP 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 prepared in accordance with the City Plan.

50 When the request for compliance assessment must be made

Prior to the approval of any development applications for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing or landscape work).

The OSMP is not an approved report until a compliance certificate has been issued in respect of it.

51 Compliance certificate with future operational work development applications

A copy of compliance certificate for the OSMP must be provided with any future operational work development applications.

52 Compliance with OSMP prior to acceptance of open space ‘On Maintenance’

a All works specified in the OSMP and any conditions imposed on the compliance certificate must be carried out in accordance with the approved plan at no cost to

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Council and to the satisfaction of the Chief Executive Officer, prior to Council accepting the open space ‘On Maintenance’ in accordance with City Plan SC6.9 – Land Development Guidelines.

b The applicant must provide certification from a qualified professional that all works in the approved OSMP and associated design drawings have been implemented on-site in accordance with the OSMP and the conditions of approval as stated on the compliance certificate approving the OSMP. This certification must be provided to the Council prior to accepting the works ‘On Maintenance’.

53 Endorsement of concepts

The contents of the Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI.

Timing At all times.

54 Detailed landscape plans for public open space to be submitted for approval

a The applicant must submit to Council for approval detailed landscape plans, by making a development application for Operational work (public landscape work).

b Landscape works must not commence on the site until Council has issued a development permit for Operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c 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 endorsed Statement of Landscape Intent (‘SLI’) and Open Space Management Statement (‘OSMS’);

iii Be in general accordance with the final approved Open Space Management Plan (‘OSMP’);

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

Timing Prior to any landscape works occurring.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

174 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

v Comply with the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy;

vi For works in the public road reserve, comply with the following requirements:

A Where trees are aligned with side boundaries or underground services, root containment systems must be used;

B Tree planting must be set back appropriately from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two (2) metres laterally from inlet gullies;

E Trees must not be planted within twenty (20) metres of the approach side and six (6) metres of the departure side of intersections that are not equipped with traffic signals;

F Trees must not be planted within fifteen (15) metres of the approach side and six (6) metres of the departure side of a pedestrian crossing or bus stop;

G All built structures associated with an entry statement must be located within private property.

vii For all public open space areas, comply with the following requirements:

A Compliance with City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy;

B Details of all landscape works including new planting, rehabilitation works, built structures and stormwater treatment devices must be provided;

C Revegetation works within the conservation estate must achieve an overall density of 1 plant per square metre and planting ratio of 70% canopy: 20% understorey: 10% groundcover;

D Removal of all barb wire fencing, rubbish, car bodies, spoil and any other waste from future conservation estate for safety and maintenance access;

E All batters to public open space constructed at a slope steeper than 1:6 must be stabilised and revegetated;

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

175 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

F Include detailed design drawings of the stormwater treatment train including bioretention systems which have been prepared in consultation with a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater.

d The landscape works must be constructed in accordance with the approved landscape plan.

e The applicant must provide a Maintenance Management Plan as part of OPW public landscape work application. The maintenance zones, activities and schedule must be prepared in accordance with SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

Timing Compliance with (d) to occur prior to the earliest of a request for compliance assessment of the subdivision plan, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

55 As Constructed data to be submitted

a The applicant must submit to Council the ‘As Constructed Data’ in accordance with the requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

b The applicant must submit amended ‘As Constructed Data’ where required in accordance with the requirements of the City Plan’s SC6.9 – Land Development Guidelines and SC6.10 – Landscape Work Policy.

Timing Prior to the inspection for on maintenance

Prior to acceptance on/off maintenance

56 ‘Pre-start’ inspection required

The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

57 Establishment period for open space areas

a Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve (12) month ‘Establishment Period’,

Timing As indicated within the wording of the condition.

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176 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

prior to commencement of the ‘On Maintenance’ period, in accordance with City Plan SC6.9 – Land Development Guidelines.

c Without limiting the obligations under City Plan SC6.9 – Land Development Guidelines the applicant must, during the ‘Establishment Period’:

i Rectify any defects arising from substandard workmanship;

ii Replace any planted vegetation of poor quality or inappropriate species where used instead of specified species; and

iii Maintain all components and their environs.

58 ‘On Maintenance’ period for open space

a Upon satisfactory completion of the ‘Establishment’ period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a twelve (12) month ‘On Maintenance’ period in accordance with City Plan SC6.9 – Land Development Guidelines.

b Without limiting the obligations under City Plan SC6.9 – Land Development Guidelines, the applicant, and not Council, is responsible for:

i Maintaining open space areas; and

ii For the rectification of defects and any damage that occurs, unless the damage is directly attributable to Council activities.

Timing As indicated within the wording of the condition.

59 Standard of works/embellishments within open space

Works undertaken and embellishments installed within public open space must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.

60 Timing for completion of open space works

All works to be undertaken on land that is to be transferred to Council as public open space must be completed, to the satisfaction of the Chief Executive Officer, and have been accepted ‘On Maintenance’.

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

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177 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 61 Fencing of boundary between transferred open space and

private land

a Fences must be constructed at the interface of common boundaries between public open space to be transferred to Council and private land.

b Such fencing must be a maximum height of 1.8 metres, a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.

Timing Prior to the commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

62 Detailed landscape plan to be submitted for approval (relating to fencing and landscaping within private property along Foxwell Road)

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

iii Comply with City Plan Policy – Landscape Work;

iv Clearly demonstrate the installation of dense screening vegetation within the 1.5m setback area between the property boundary and the fence along Foxwell Road; Such vegetation must be low maintenance and include regular tree planting (e.g. Syzygium ‘Elite’ with regular plantings of Lophostemon confertus);

v Provide details of the fence construction to the Foxwell Rd frontage, ensuring that the fence design includes high quality materials to provide a high quality visual outcome from Foxwell Road.

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the submission of an application for compliance assessment of subdivision survey plans

63 Fencing Setback from Foxwell Road

a Fencing and retaining structures to the property boundary with Foxwell Road must be set back a minimum 1.5m within the private allotments to allow for landscape planting; and

Timing At all times.

b Pursuant to the required Operational Work (landscaping) approval, the fencing and planting to the Foxwell Rd frontage must be installed and pass

Timing As indicated in the wording of the

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

Council’s final inspection prior to the sealing of survey plans.

condition.

SEWER RETICULATION

64 Sewer reticulation

a Each freehold lot within the development must be connected to Council’s sewer reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s live sewer reticulation system.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

65 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

66 Connection points

a The existing 150mm sewer infrastructure (maintenance shaft 7B/1A as shown in As Constructed Survey - Sewer plan number 140240 – 10G SEW, dated 7/3/2016 by Kevin Holt Consulting Pty Ltd) located at the middle section of the common boundary of the subject development site and Lot 101 on SP207263 must be used as the connection point for the eastern catchment of the development site, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water.

b The existing 150mm sewer main in Beacroft Street just outside the north-western boundary of the development site must be used as the connection point for the central-western catchment, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water.

c The existing 150mm sewer main located in Lot 970 on SP276257 (Finnegan Environmental Reserve) to the west of the development site must be used as the connection point for the western catchment, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes unless otherwise approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

179 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 67 Operational work (works for infrastructure) application

required

The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.

Timing Prior to works occurring.

68 Non – trunk sewer infrastructure works

The applicant is required to construct sewer mains within the development site to provide property service connection to each lot, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, and must be completed in accordance with engineering plans approved by Council at their own cost.

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

69 Connection and disconnection – arrangements with Gold Coast Water

Any connection or disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

70 Completion of external connections

All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council and the connection application as approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

71 Redundant Sewer Property Connections

The applicant must make an application for Gold Coast Water to remove or to seal and cap any redundant sewer property service connections, at the applicants cost. Decommissioning of redundant assets must comply with Gold Coast Water Network Modifications, Extension and Connections Policy Procedure.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

72 Public utility sewer easements to be provided

Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

Timing The terms of the easement shall be executed prior to the earlier of compliance assessment of the Reconfiguring of a Lot

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

a Where only one single service (e.g. sewer only) is proposed within an easement, easement widths must comply with the requirements specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure.

b Where multiples services are proposed within an easement (e.g. sewer and stormwater), the minimum width of the easement shall be a minimum of 4.0 metres and comply with the requirements specified in South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code) for sewerage infrastructure and the City of Gold Coast City Plan Policy 6.9 Land Development Guidelines.

c The applicant must provide to Council a certification from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition.

d The terms of such easements shall be to the satisfaction of Council’s Chief Executive Officer.

e Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution.

f When registering the easements, the Form 9 document shall refer to Registered Standard Terms Document No. 707918364.

g No landscaping works involving deep rooted tree/shrub plantings are permitted within Council’s easement.

plan or commencement of the use of the premises.

WATER SUPPLY RETICULATION

73 Water supply reticulation (potable only)

a Each freehold lot within the development must be connected to Council’s potable water supply reticulation system at no cost to Council.

b The applicant is responsible for any external works necessary to connect to Council’s potable water supply reticulation system.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

74 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing At all times.

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 75 Connection point

a The existing water mains located in the following streets must be used as the potable water supply connection points, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, unless otherwise approved by Gold Coast Water:

i Victor Street (north-eastern corner of the development site).

ii Jones Street (southern corner of the development site).

iii Beacroft Street (north-western side of the development site).

iv Mackenzie Street (western corner of the development site).

b Where mains exist on the opposite side of the street, conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted).

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

76 Non – trunk water infrastructure works

The applicant is required to construct water mains within the development site to provide property service connection to each lot, generally in accordance with the Concept Services Layout Plan, drawing number 1011-00-SE01 rev B, dated 27/11/2015 by Tribeca Homes, and must be completed in accordance with engineering plans approved by Council at their own cost.

This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

77 Connection and disconnection – arrangements with Gold Coast Water

Any connection or disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection or disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.

78 Completion of external connections

All external water connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with the connection application as approved by Gold Coast Water.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

182 Adopted Report

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1 79 Installation of property service, water meter box and meter

The applicant must:

a Make application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, water meter box and meter installation.

i The property service, water meter box and water meter shall be provided, at the boundary of each single freehold residential lot, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code), Gold Coast Water Network Modifications, Extension and Connections Policy Procedure and/or any applicable COGC policies and procedures), at the applicant’s cost;

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

80 Supply standard

The applicant must provide water supply to the standard specified in Council’ s Land Development Guidelines and Gold Coast Water Network Development and Connection Policy and Procedure.

Timing At all times.

81 Fire loading

Fire loading must not exceed 15L/s for 2 hours duration, unless otherwise approved by Gold Coast Water.

Timing At all times.

ADVISORY NOTES TO APPLICANT

C 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);

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

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.

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:

g 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;

h 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’);

i 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);

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ITEM 2 (Continued) MATERIAL CHANGE OF USE FOR 104 DETACHED AND A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR 104 LOT SUBDIVISION, PUBLIC OPEN SPACE AND ROAD - 361 FOXWELL ROAD COOMERA – DIVISION 3 PN136301/12/DA1

j 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;

k 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

l 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 Infrastructure charges

Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

CARRIED

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Attachment 2.1

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PLAN OF DEVELOPMENT

SHEET 1 of 3

Lot:

Local Authority:

County of:

Area:

on:

Parish of:

1B Technology Office Park107 Miles Platting RoadEight Mile Plains Qld 4113Phone 07 3219 0400Fax 07 3219 0900Email [email protected] DATE:

CLIENT:

JOB NO. PLAN NO. REV

SCALE:A3

SITE ADDRESS:

Proposed Lots

Cancelling

This plan was prepared as a proposed subdivision and should notbe used for any other purpose. The dimensions, areas and totalnumber of lots shown hereon are subject to field survey and also tothe requirements of Council and any other authority which may haverequirements under any relevant legislation. In particular, noreliance should be placed on the information on this plan for anyfinancial dealings involving the land.This note is an integral part of this plan.

Lots 11 & 12 on RP170746

1 - 106 &

No 361 & 369 Foxwell Road

Coomera

4/08/2016

153692

Tribeca Homes

1:1250

153692 - 03G

Coomera

11 & 12

6.89 Ha

Ward

Gold Coast C. C.

RP170746 Public Open Space

OTTO ESTATE

1

28

27

26

25

CP

23

22

21

20

19

18

SP 209033

CP

16SP

2090

33

2090

42

SP 209033

SP242164

101

SP207263

911

428

429

430

43

1

432

43

3

43

4

435

SP

263278

Emt L

Emt M

Emt O

Emt PEmt Q

Emt R

SP263278

SP28223068

SP282230

65

SP28223064

SP28223063

SP28223062

SP27472361

SP27472360

SP274723901

SP27472359

SP274723

58

SP27472357

SP27472356

SP27472355

SP274723

53

SP27472354

Emt N

%%ULEGEND

Building Location Envelope

On site Car Parking Spaces

Preferred Private Open Space

Optional Boundary Wall

Retaining Wall

Footpath 1.5m Wide

10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190

Scale 1:1250 ­ Lengths are in Metres.

NOTES

1. All Building Location Envelopes are shown to the building walls, up to 600mm eaves are allowed to encroach over the the BLE lines.

2. Garages are to be setback from the site frontage a minimum of 5.5mto the building walls, up to 600mm eaves are allowed to encroach over this setback.

Linkage Path 2.5m Wide

Stage Boundary & Number

Slope Sensitive Design

Attachment 2.2 (page 1 of 5)

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

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OTTO ESTATE

Plan of Development SHEET 2 of 3

DIAGRAM A

Typical Built to BoundaryGarage on Retaining Wall

Scale 1:50

Gutter

GarageR

eta

inin

g W

all

200mm

Bo

un

da

ry L

ine

3.0

m m

ax.

# Requirement

SETBACKS

1. The frontage setback shall be a minimum of four (4) metres from the primary street (this is measured

from to the building wall and eaves up to 600mm can encroach within this setback).

2. Garages or carports are setback from the site frontage a minimum of 5.5m (this is measured to the

building wall and eaves can encroach 600mm within the setback).

3. That part of the building that is:

a. 1 storey in height (other than built to boundary walls) is setback 1.5 metres from the side and

rear boundary measured from the building wall.

b. 2 storeys in height (other than built to boundary walls) is setback 2.0 metre from the side and

rear boundary measured from the building wall.

(Note: Eaves up to 600mm can encroach within these setbacks)

4. The secondary frontage setback shall be a minimum of:

a. 2.0m for all lots from the building wall

(Note: Eaves up to 600mm can encroach within these setbacks)

5. Where a building envelope is provided on the plan of subdivision, the building shall be in accordance

with the building setbacks provided.

(Note: Eaves up to 600mm may encroach within the setbacks)

BUILDING TO BOUNDARY WALLS

6. Built to boundary walls are:

a. Permitted where generally indicated on the plan of subdivision;

b. To be restricted to non-habitable uses (garages, storage areas, laundry and etc.);

c. To be no greater than 9.0m in length and no greater than 3.0m in height (see Diag A);

d. Not to be located adjacent to another built to boundary wall.

SITE COVERAGE

7. Site Coverage to be no greater than 65% for lots with a frontage of less than 11.0m wide and 60%

for lots greater than 11.0m wide. Refer Diagram B on Sheet 3.

(Note: Excludes eaves up to 600mm).

BUILDING HEIGHT

8. Building Height does not exceed 2 storeys.

FENCING

9. Fencing located between the main building line and any road frontage or along the frontage does not

exceed:

a. 1.6m if at least 50% transparent; or

b. Where a lot adjoins public open space on the side boundary, the fence is not to exceed 1.8m in

height and be at least 50% transparent.

BUILDING APPEARANCE AND ORIENTATION

10. No adjacent lots have the same building elevation fronting the street.

11. Building entrances shall:

a. face the primary street frontage;

b. provide for casual surveillance and be visible from the street frontage; and

be provided with pathway access (via driveway or separate path).

12. Dwellings on corner lots and/or Lots with dual frontage shall address (where practical) both street

frontages and include a habitable room window.

CAR PARKING

13. a. Car parking spaces are to be provided at a rate of 2 spaces per dwelling of which 1 is to be

b. Where the second vehicle of a dwelling is intended to be parked on the driveway, the maximum

grade of the driveway must not exceed 1 in 20 (5%)

BIN STORAGE

14. Each dwelling has a specific location of 2m2 for bin storage that is screened from the road frontage

and is not located within the building structure.

PRIVATE OPEN SPACE

15. Each dwelling has a clearly defined outdoor living space which -

a. has an area of at least 25m2; and

b. has no dimension less than 4m; and

c. has access from a living area; and

d. Has a slope of not more than 1 in 10; and

e. If required, provides visual privacy from another outdoor living space by a window/balcony

screen.

f. Refer to Landscape Plans for all lots less than 400m².

PRIVACY

16. Where the distance separating a window or balcony of a dwelling from the side or rear boundary is

less than 1.5m -

a. a permanent window and a balcony has a window/balcony screen extending across the line of

sight from the sill to at least 1.5m above the adjacent floor level; or

b. a window has a sill height more than 1.5m above the adjacent floor level; or

c. a window has obscure glazing below 1.5m.

RETAINING WALLS

17. Retaining walls locations and heights shall be generally in accordance with the approved Earthwork

Layout Plans by Tribeca Homes Pty Ltd (or otherwise approved by Council).

EASEMENTS

18. No buildings or structures are permitted to be constructed within easements on private lots (unless

otherwise approved by Council).

SLOPE SENSITIVE DESIGN

19. Lots 80, 81, 87-90 & 98-101 are to be slope sensitive design lots and will need to utilise split level

design. Refer to Diagrams C & D on Sheet 3.

400mm

Approx

PLAN OF DEVELOPMENTLot:

Local Authority:

County of:

Area:

on:

Parish of:

1B Technology Office Park107 Miles Platting RoadEight Mile Plains Qld 4113Phone 07 3219 0400Fax 07 3219 0900Email [email protected] DATE:

CLIENT:

JOB NO. PLAN NO. REV

SCALE:A3

SITE ADDRESS:

Proposed Lots

Cancelling

This plan was prepared as a proposed subdivision and should notbe used for any other purpose. The dimensions, areas and totalnumber of lots shown hereon are subject to field survey and also tothe requirements of Council and any other authority which may haverequirements under any relevant legislation. In particular, noreliance should be placed on the information on this plan for anyfinancial dealings involving the land.This note is an integral part of this plan.

Lots 11 & 12 on RP170746

1 - 106 &

No 361 & 369 Foxwell Road

Coomera

4/08/2016

153692

Tribeca Homes

1:1250

153692 - 03G

Coomera

11 & 12

6.89 Ha

Ward

Gold Coast C. C.

RP170746 Public Open Space

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SHEET 3 of 3

PLAN OF DEVELOPMENTLot:

Local Authority:

County of:

Area:

on:

Parish of:

1B Technology Office Park107 Miles Platting RoadEight Mile Plains Qld 4113Phone 07 3219 0400Fax 07 3219 0900Email [email protected] DATE:

CLIENT:

JOB NO. PLAN NO. REV

SCALE:A3

SITE ADDRESS:

Proposed Lots

Cancelling

This plan was prepared as a proposed subdivision and should notbe used for any other purpose. The dimensions, areas and totalnumber of lots shown hereon are subject to field survey and also tothe requirements of Council and any other authority which may haverequirements under any relevant legislation. In particular, noreliance should be placed on the information on this plan for anyfinancial dealings involving the land.This note is an integral part of this plan.

Lots 11 & 12 on RP170746

1 - 106 &

No 361 & 369 Foxwell Road

Coomera

4/08/2016

153692

Tribeca Homes

1:1250

153692 - 03G

Coomera

11 & 12

6.89 Ha

Ward

Gold Coast C. C.

RP170746 Public Open Space

DIAGRAM B

Site Cover on 10.5m wide lots:

House = 195m²

Land = 315m²

Site Cover = 62%

DIAGRAM C - Example

DIAGRAM D - Example

TYPICAL HOUSE DESIGNS ON SLOPE SENSITIVE LOTS

30000

10

500

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INDICATIVE SPECIES

Fire Wheel Tree

Red Fruited Palm Lily Rough Guinea Flower Tiny Trev Kangaroo Grass

Lemon MyrtleCoast BanksiaWater Gum

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ITEM 3 CITY DEVELOPMENT CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1) 1 BASIS FOR CONFIDENTIALITY

Not Applicable. 2 EXECUTIVE SUMMARY

Not Applicable. 3 PURPOSE OF REPORT

To advise Council of the progress and achievements for the quarter ended September 2016 towards delivery of City Place Making projects. 4 PREVIOUS RESOLUTIONS

Ex Committee Recommendation G14.0618.001 – Special Budget Committee 6 June 2014 - Item 16:

"8 That the City Planning Committee receive three-monthly progress reports in relation to the planning, design and delivery of the master planned and tactical urbanism projects included in the City Place Making Unit."

5 DISCUSSION

City of Gold Coast’s corporate plan ‘Gold Coast 2020’ plans for a future, ‘inspired by lifestyle, driven by opportunity’ that promotes prosperity for the City. City Place Making is a high quality implementation unit undertaking urban renewal of the city’s commercial centres, revitalising and reactivating them to become more liveable, vibrant and connected. These upgrades of business centres strongly contribute to city lifestyle and provide opportunities for small business entrepreneurs, promoting prosperity for the City. Place making facilitates the long-term, integrated planning and development of safe, vibrant public spaces and neighbourhoods that are valued by local people and are attractive to visitors, strengthening local community and economic life. 5.1 PLACE MAKING MASTER PLANNING PROJECTS

5.1.1 Surfers Paradise Core Business Centre

Budget: $85,000. Resourcing: City Place Making, internal stakeholders from Economic Development

and Major Projects, Transportation and Traffic, City Maintenance, Community Services and City Planning.

Engagement: The first of several stakeholder workshops with Heart of the City Advisory Committee has been held to develop the master plan. Regular meetings have also commenced with internal stakeholders.

Progress: Detailed analysis of the centre has been completed, an economic baseline study was undertaken for the core business centre by RPS Australia East Pty Ltd. Detailed workbooks seeking stakeholder feedback have been issued to a wide number of stakeholders.

A second workshop will be held following receipt and analysis of the completed workbooks.

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1) 5.1.2 Main Beach, Tedder Avenue

Budget: $40,000. An economic baseline study of the area was commissioned. RPS Australia East was

the successful tenderer. It was anticipated that the economic baseline study will be followed by a master plan

for Tedder Avenue. It is now looking less likely that a master plan for streetscape upgrades is necessary, given the findings of the economic baseline study.

The economic baseline study reveals a number of key issues in the project area, some of these being: poor tenant diversity, limited retail and service mix; too great a focus on high end food services, beauty and real estate; rental rates that do not ‘meet the market’; and fails to maximise the local resident and tourist market.

5.2 CENTRE IMPROVEMENT PROJECTS

5.2.1 Coolangatta, Griffith Street (McLean St to Warner St)

Budget $2,446,000. Construction was completed in early July 2016. The coloured ball lights have been well received by visitors and the local community

and have noticeably enhanced the precinct. The transformation has reactivated the precinct, improving its functionality and

attractiveness as a pleasant, pedestrian orientated and safer place. The existing street character has been improved with new trees and features to add

to its uniqueness, aesthetics and coastal character - including, a thread of columnar trees which visually connect to surrounding areas and adds a visual layer, rhythm and sense of order into the street; also complementing the nearby high rise buildings reducing their visual impact and the effects of wind tunnelling.

The newly improved pocket park in Dutton Street has opened up the area giving it a discernible heart with improved safety and visibility, particularly at night.

New artistic lighting incorporates the concepts of environmental psychology and principles of CPTED (Crime Prevention through Environmental Design) increasing visibility and utilising colour to affect mood to discourage crime and anti-social behaviour, whilst improving the night-time amenity and interest to entice people into the precinct.

5.3 PLACE MAKING PROJECTS

5.3.1 Nobby Beach, Corner of Lavarack Road and Gold Coast Highway

Budget: $505,000. Progress: Construction of the southern node was completed in late June 2016.

Unfortunately a fire in the adjacent buildings at the start of July has resulted in the whole area being cordoned off ever since, so the new facilities on the southern side have not been available to the public for use. It is anticipated this area will be available once construction of the damaged building is completed.

5.3.2 Palm Beach Business Centre

Budget: $250,000. A number of low cost, high impact projects identified in the master plan document,

are currently in design development, including: o Gateway entries to the business centre. o Customised road paint and pattern surface treatment to Fifth Avenue,

Palm Beach Avenue, Sixth Avenue and Seventh Avenue.

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1)

o Landscape design along fencing in centre median. This is in the process of negotiation with Department of Transport and Main Roads for their approval.

o Installation of trees along the avenues. o Audit of existing street furniture and options for refurbishment. o Opportunities for murals on blank facades to commercial buildings and

general presentation improvement of the buildings. It is anticipated that these projects will be delivered in the first quarter of 2017.

5.3.3 Broadbeach, Surf Parade

Budget: $4,500,000. Progress Construction commenced in early August 2016 in order to meet the

requirement to be complete before Blues on Broadbeach 2017. Project is progressing in two stages, the first stage includes: all the underground

services upgrades for stormwater and electrical and data conduits; water main relocation with new valves and connections; road realignment; and light poles.

Stage one will be complete by the end of November 2016. Work will cease until late January 2017 to allow traders a free trade opportunity during the busy tourist period over the Christmas holidays.

Stage two will include: all footpath works, lighting, trees; garden beds; and dining structures.

Stage two will commence in late January 2017 and will be complete by early May 2017.

5.4 TACTICAL URBANISM PROJECTS 5.4.1 Mermaid Beach, Gold Coast Highway (Sportsman to Bondi Avenues)

Budget: $120,000.

A master plan for the area has been completed.

Initially a small area was to proceed as stage 1A. The divisional Councillor increased the scope to include stage 1B. Scope now extends from Bondi Avenue to Sportsman Avenue. The additional funding required has been allocated from Division 10 LAW funds.

The divisional Councillor requested the change in scope due to Stage 2B now being covered by DA (MCU2015011510) for 2445-2452 Gold Coast Highway.

Construction documentation is currently underway. City Infrastructure will undertake the installation early in 2017.

5.4.2 Southport, Chirn Park

Budget is $50,000. The concept was discussed with business stakeholders, internal stakeholders and

the divisional Councillor. Building Maintenance undertook the works and completed them in mid July 2016. Design for new footpath treatment to an additional laneway is underway.

5.4.3 Paradise Point, Tree Lighting

Budget: to be allocated. The divisional Councillor has requested additional trees to be lit as an extension of

the original project.

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1)

Options are being developed and estimates will be prepared for discussion with the Divisional Councillor.

5.4.4 Pimpama, Whistlestop Café, Jacobs Well Road

Budget: $25,000. Concept design was completed and discussed with café owners. Lighting was

investigated at the café owner’s request. A revised concept design was completed. Negotiation with building maintenance to find the most economical solution for the

installation of decorative lighting on existing trees was fairly lengthy. Solution is to utilise an unmetered electrical supply for a controlled number of hours

of operation (4hrs/day) Construction is scheduled to commence in October 2016.

5.4.5 Coomera, Dreamworld Parkway

Budget: $50,000. Concept design was completed and discussed with divisional Councillor, business

stakeholders and internal stakeholders. Construction was completed in late June 2016. Feedback from adjacent businesses has been very positive.

5.4.6 Broadbeach, Chelsea Avenue Cafe

Budget: $30,000. Concept design was completed and discussed with divisional Councillor, café

owners and internal stakeholders. Construction works and installation of the last planter was completed in late June

2016. Feedback from the adjacent business and customers has been very positive.

5.4.7 Miami, Dawn Parade and Gold Coast Highway

Budget: $60,000. Concept design was completed and discussed with business owners, internal

stakeholders and the Councillor. The divisional Councillor extended the scope of works and provided funding. Documentation for construction has been completed and Infrastructure Delivery has

scheduled the works for construction to commence in late October 2016. 5.4.8 Main Beach, Tedder Avenue

Budget: $15,000. The divisional Councillor was approached by a property owner keen to stimulate

activity in the street, requesting to install two temporary decks similar to the ones in James Street and Palm Beach Avenue. City Place Making has been working with the owner to progress a design for the decks.

Divisional funding of $15,000 has been provided with the balance to be provided by the property owner. Building Maintenance has commenced structural design of the decks. It is uncertain when the decks will be constructed at this stage as the property owner is currently unwilling to fund the balance.

5.4.9 Jacobs Well Road, Entry Statement to Roundabout

Budget: $43,000.

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1)

A concept was developed and discussed with the divisional Councillor and local Progress Association.

Construction documentation is underway and it is anticipated that construction will commence in early November 2016.

5.4.10 Southport, Nerang Street Shared Zone

Budget: $40,000. Concept design has been completed and discussed with the Councillor. Structural

design is being evaluated to ensure it is suitable for the location. 5.4.11 Broadbeach, Entry Sign

Budget: $126,070. A concept design was completed and discussed with the divisional Councillor who

allocated funding from Division 10 LAW funds. Detail design and documentation for construction will commence once the funding

allocation is approved by Council. 5.4.12 Labrador, Turpin Road

Budget: $25,000. Concept design has been completed and issued to internal stakeholders for review. Quotations have been received for footpath treatment and street furniture.

5.4.13 International Park(ing) Day

The City facilitated another very successful International Park(ing) Day on 16 September 2016.

A number of parking bays in Southport, Broadbeach, Nobby Beach, Palm Beach, Varsity Lakes and Coolangatta were temporarily transformed into public space for the day by professional firms across the city and students from Griffith University and Bond University.

Public feedback was very favourable. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN

The Corporate Plan Gold Coast 2020 is structured around key themes. The proposed City Place Making program is closely aligned to key theme “The best place to live and visit” and assists to ensure the outcomes and signature actions of:

1.1 Our city provides a choice of liveable spaces 1.6 Our modern centres create vibrant communities 1.8 Our city benefits from a great Gold Coast 2018 Commonwealth GamesTM

Signature actions of the Corporate Plan are:

Deliver the Centre Improvement Program to ensure that the amenity of the city is improved for local residents and tourists in a variety of commercial precincts across the city. Implement public area improvements to make the city beautiful and ready to accept visitors and ensure best global coverage during and after the GC2018.

It is also aligned to the theme “Prosperity built on a strong diverse economy” by assisting to ensure the outcome of:

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1) 2.2 We have a thriving cultural economy 2.6 We are an emerging world class business destination It is also aligned to the theme “People contribute to a strong community spirit” by assisting to ensure the outcome of:

3.1 Our city is safe 3.2 We are proud of our city 3.3 Our community is inclusive and supportive 3.6 We are an active and healthy community

7 COMMONWEALTH GAMES IMPACT

Not applicable 8 FUNDING AND RESOURCING REQUIREMENTS

Budget/Funding Considerations

Funding is allocated to each capital works project in accordance with the 2016-17 Council endorsed City Place Making budget (Committee Recommendation: B16.0624.002 Item 9 Special Budget Committee 3 June 2016).

9 RISK MANAGEMENT

Not applicable. 10 STATUTORY MATTERS

Not applicable.

11 COUNCIL POLICIES

Not applicable. 12 DELEGATIONS

Not applicable. 13 COORDINATION & CONSULTATION

Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Manager City Development PE Yes

Extensive consultation is undertaken throughout every stage of implementing City Place Making projects. Feedback from stakeholders at all stages of project delivery enables ongoing refinement and improvement to City Place Making processes and outcomes. 14 STAKEHOLDER IMPACTS

Not applicable. 15 TIMING

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1) Not applicable. 16 CONCLUSION

The City Place Making Unit is continuing to deliver a number of visually significant projects across the City, aiming to address a wide range of different issues particular to each of the business centres.

Surfers Paradise business centre master plan is progressing with a series of stakeholder workshops underway.

Coolangatta, Griffith Street: construction was completed in July.

Nobby Beach, corner of Lavarack Road and Gold Coast Highway: Construction of the southern corner node was completed in late June 2016.

Broadbeach, Surf Parade: construction commenced in August 2016 and is progressing well.

Several tactical urbanism projects have been completed with more in planning, readying for construction. 17 RECOMMENDATION

It is recommended that Council resolves as follows:

That Council receives and notes the City Place Making September 2016 Progress Report. Author: Authorised by: Patrick Duigan Alisha Swain Executive Coordinator City Place Making A/Director Planning and Environment 4 October 2016

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ITEM 3 (Continued) CITY PLACE MAKING – QUARTERLY REPORT - PERIOD ENDED SEPTEMBER 2016 PD1295(P1) COMMITTEE RECOMMENDATION CP16.1026.003 moved Cr Vorster seconded Cr O'Neill

That Council receives and notes the City Place Making September 2016 Progress Report. CARRIED

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ITEM 4 (Continued) INTRODUCTORY PAPER - PLACE ANALYSIS SOUTHERN GOLD COAST PD113/81/12(P) REPORT CONFIDENTIAL

COMMITTEE RECOMMENDATION CP16.1026.004 moved Cr Vorster seconded Cr O'Neill

1 That the report be deemed a confidential document and be treated as such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the contents of this report be noted.

CARRIED

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ITEM 5 (Continued) INTRODUCTORY PAPER – STREETSCAPE DESIGN GUIDELINES AND CITY PLAN POLICY WORK PD113/81/06(P1) REPORT CONFIDENTIAL COMMITTEE RECOMMENDATION CP16.1026.005 moved Cr Vorster seconded Cr O'Neill 1 That the report be deemed a confidential document and be treated as such in

accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the contents of this report be noted.

CARRIED

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CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Tate seconded Cr Gates That Council move into Closed Session pursuant to Section 275(1) of the Local Government Regulation 2012 for the consideration of the following item for the reason shown:-

Item Subject Reason

6 City Plan Major Update 1 And Major Update 1b Proposed City Plan Changes

Prejudicial Matter

CARRIED by SUPER MAJORITY

PROCEDURAL MOTION moved Cr Tozer seconded Cr Caldwell That Council move into Open Session.

CARRIED

Following resumption into open session, Item 6 was moved and carried as shown as follows.

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ITEM 6 (continued) CITY PLAN MAJOR UPDATE 1 AND MAJOR UPDATE 1B PROPOSED CITY PLAN CHANGES PD98/1132/06/01 REPORT CONFIDENTIAL Changed Recommendation COMMITTEE RECOMMENDATION CP16.1026.006 moved Cr Owen-Jones seconded Cr PJ Young 1 That the report and attachments be deemed a confidential document and be treated as

such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the proposed City Plan Updates outlined in Attachments A and B be endorsed subject to the following:

a Removal of proposed AO13 in Table 9.4.8-1 reconfiguring a lot code;

b Photograph 9.4.10-1 to be replaced with a more suitable example;

c Introduction of outcomes in the Small lot housing (infill focus) code for balustrade transparency;

d Update setback provisions with reference to balconies and update associated figures 6.2.1-2, 6.2.2-2 and 6.2.3-2 to better demonstrate the intended outcomes for front setbacks;

e Introduction of outcomes in the Small lot housing (infill focus) code for a minimum of 15 degrees for pitched roofs to improve quality of building design;

f Amendments to Strategic Framework 3.2.3 to reflect the most recent State Government and Council intentions for the Spit and Wave Break Island.

3 The Chief Executive Officer be authorised to make minor editorial modifications where required to the proposed City Plan Updates outlined in Attachments A and B.

4 That the proposed City Plan Updates in Attachment A and B be incorporated into an amalgamated City Plan Major Update 1 and Major Update 1B package for Council consideration and endorsement in December 2016, for progression to State interest review.

CARRIED

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

CONFIDENTIAL ADOPTED REPORT PAGE 221

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ITEM 6 (Continued) CITY PLAN MAJOR UPDATE 1 AND MAJOR UPDATE 1B PROPOSED CITY PLAN CHANGES PD98/1132/06/01 REPORT CONFIDENTIAL

Committee Recommendation Adopted At Council Meeting 31 October 2016 RESOLUTION G16.1031.015

That Committee Recommendation CP16.1026.006 be adopted as printed which reads as follows:-

1 That the report and attachments be deemed a confidential document and be treated as such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the proposed City Plan Updates outlined in Attachments A and B be endorsed subject to the following:

a Removal of proposed AO13 in Table 9.4.8-1 reconfiguring a lot code;

b Photograph 9.4.10-1 to be replaced with a more suitable example;

c Introduction of outcomes in the Small lot housing (infill focus) code for balustrade transparency;

d Update setback provisions with reference to balconies and update associated figures 6.2.1-2, 6.2.2-2 and 6.2.3-2 to better demonstrate the intended outcomes for front setbacks;

e Introduction of outcomes in the Small lot housing (infill focus) code for a minimum of 15 degrees for pitched roofs to improve quality of building design;

f Amendments to Strategic Framework 3.2.3 to reflect the most recent State Government and Council intentions for the Spit and Wavebreak Island.

3 The Chief Executive Officer be authorised to make minor editorial modifications where required to the proposed City Plan Updates outlined in Attachments A and B.

4 That the proposed City Plan Updates in Attachment A and B be incorporated into an amalgamated City Plan Major Update 1 and Major Update 1B package for Council consideration and endorsement in December 2016, for progression to State interest review.

A division was called. For 14 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell,

Cr Vorster, Cr Crichlow, Cr Baildon, Cr O’Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr Tate

Against 1 Cr McDonald Abstained 0 Absent 0 CARRIED by SUPER MAJORITY

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

CONFIDENTIAL ADOPTED REPORT PAGE 222

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ITEM 7 GENERAL BUSINESS PACIFIC PINES MASTER PLAN 560/20/2673(P5)

COMMITTEE RECOMMENDATION CP16.1026.007 moved Cr PJ Young seconded Cr Owen-Jones That information be circulated to Committee Members addressing development outcomes and infrastructure provision in Pacific Pines in the context of the original Master Plan agreed between Council, Stocklands and the State. CARRIED ITEM 8 GENERAL BUSINESS DEVELOPMENT ACTIVITY REPORT PRESENTATION

RESOLUTION G16.1031.016 moved Cr Owen-Jones seconded Cr Crichlow That the Development Activity report presentation be attached to the report of the City Planning Committee. CARRIED UNANIMOUSLY There being no further business, the meeting closed at 12.20pm.

725th Council Meeting 31 October 2016 City Planning Committee Meeting 26 October 2016

568 Adopted Report

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These Pages

Numbered 1 to 569

Constitute The Adopted Report Of The Meeting

Of The City Planning Committee

Held Wednesday, 26 October 2016