705 city planning committee meeting 9 … · sk15-2 h suite 202, the wave 89-91 surf parade,...

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LD

4218

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ROAD No.1

RAIL CORRIDOR

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4218

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DIS

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Suite

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Surf

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dbea

ch Q

LD

4218

Phon

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Facs

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829

Emai

l: b

da@

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ABN

77 0

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02 3

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DIS

CLA

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RTh

is p

lan

was

pre

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olar

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oom

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the

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plic

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ose.

The

dim

ensi

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are

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tal n

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rs o

f lot

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lan

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ect t

o fie

ld s

urve

y an

d no

rel

ianc

e sh

ould

be

plac

ed o

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ein

form

atio

n on

this

pla

n fo

r de

taile

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bdiv

isio

n de

sign

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for

any

com

mer

cial

dea

lings

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lvin

g th

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nd.

CO

PY

RIG

HT

Cop

yrig

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dra

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g is

the

prop

erty

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DA

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ctur

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ay n

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ret

aine

d, c

opie

d in

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ite fo

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l: b

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ABN

77 0

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DIS

CLA

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RTh

is p

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was

pre

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lan

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plac

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n fo

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lings

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e89

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de,

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ch Q

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4218

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e: 0

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829

Emai

l: b

da@

bdaa

rch.

com

.au

ABN

77 0

81 7

02 3

01

DIS

CLA

IME

RTh

is p

lan

was

pre

pare

d fo

r P

olar

is C

oom

era

Pty

Ltd

for

the

purp

ose

ofap

plic

atio

n to

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C C

ounc

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nd m

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e us

ed fo

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her

purp

ose.

The

dim

ensi

ons,

are

as a

nd to

tal n

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rs o

f lot

s sh

own

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is p

lan

are

subj

ect t

o fie

ld s

urve

y an

d no

rel

ianc

e sh

ould

be

plac

ed o

n th

ein

form

atio

n on

this

pla

n fo

r de

taile

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bdiv

isio

n de

sign

or

for

any

com

mer

cial

dea

lings

invi

lvin

g th

e la

nd.

CO

PY

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Cop

yrig

ht in

this

dra

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g is

the

prop

erty

of B

DA

Arc

hite

ctur

e an

d m

ay n

otbe

ret

aine

d, c

opie

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who

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r in

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t or

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ecifi

c us

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ite fo

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as b

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ared

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1:20

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SEQ South Region (Gold Coast)7 Short StreetPO Box 3290Australia Fair

Southport, QLD 4215

Our reference: SDA-0814-013086Applicant reference: HRP14070Council reference: PN262841/12/DA7 & MCU201400732

27 February 2015

Chief Executive OfficerCity of Gold CoastPO Box 5042GCMC 9729 QLD

Via email only: [email protected]

Dear Sir/Madam

Concurrence agency response—with conditions- Combined Development Application for Preliminary Approval for development in accordance with the Coomera Woods Locality Plan and Development Permit for Reconfiguring a Lot -49 – 51 & 70 George Alexander Way - Coomera – City of Gold Coast QLD- Lots 1 & 2 on SP165374 and Lot 44 on SP207822(Given under section 285 of the Sustainable Planning Act 2009)

The referral agency material for the development application described below was received by the Department of State Development, Infrastructure and Planning under section 272 of the Sustainable Planning Act 2009 on 6 August 2014.

Applicant details

Applicant name: Polaris Coomera Pty Ltd c/- Cardno HRP

Applicant contact details: PO Box 2855Nerang QLD [email protected]

Site details

Street address: 49 – 51 & 70 George Alexander Way Coomera

705th Council Meeting 11 September 2015 City Planning Committee Meeting 9 September 2015

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SDA-0814-013086

Department of State Development, Infrastructure and Planning Page 2

Lot on plan: Lots 1 & 2 on SP165374 and Lot 44 on SP207822

Local government area: City of Gold Coast

Application detailsProposed development: Combined Development Application for Preliminary

Approval for development in accordance with the CoomeraWoods Locality Plan; and Development Permit for Reconfiguring a Lot

Aspects of development and type of approval being sought

Nature of Development

ApprovalType

Brief Proposal of Description Level of Assessment

Material Change of Use

Preliminaryapproval s242 of SPA

Section 242 Preliminary Approval varying the planning scheme (prepared in accordance with Section 899 ofthe Sustainable Planning Act 2009) for development in accordance with the proposed Coomera Woods Locality Plan.

Code Assessment

Reconfiguring a Lot Developmentpermit

Reconfiguration of a Lot (496 lots including 411 developable lots and 85 management lots).

Code Assessment

Referral triggers

The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, Item 10 - Vegetation clearing

Schedule 7, Table 2, Item 33 - Passenger transport corridor

Schedule 7, Table 3, Item 14 - Passenger transport corridor

Schedule 7, Table 2, Item 34 - Railways

Schedule 7, Table 3, Item 15A – Railways

Schedule 7, Table 3, Item 2 – State transport infrastructure

Schedule 7, Table 3, Item 12 – Regional plans

ConditionsUnder section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in Attachment 1 must be attached to any development approval.


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Reasons for decision to impose conditionsUnder section 289(1) of the Sustainable Planning Act 2009, the department must set out thereasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Further adviceUnder section 287(6) of the Sustainable Planning Act 2009, the department offers advice about the application to the assessment manager—see Attachment 3.

Approved plans and specificationsThe department requires that the following plans and specifications set out below and in Attachment 4 must be attached to any development approval.

Drawing/Report Title Prepared by Date Reference no. Version/IssueAspect of development: Preliminary approval for a Material Change of UseCoomera Woods Locality Plan

Cardno HRP December2014

Version 2.0

Coomera Woods Locality Plan Map 7– Land Use Plan,

BDA Architecture 16/12/2014 Project No. 361700, Drawing No. SK09

Issue H

Coomera Woods Locality Plan Map 8 – Residential Density Plan

BDA Architecture 17/12/2014 Project No. 361700, Drawing No. SK08

Issue L

Coomera Woods Development Revised Flood Assessment

Cardno 17/12/2014 721474/005/R1V2 Version 2

Aspect of development: Reconfiguration of lotCoomera Woods Locality Plan

Cardno HRP December2014

Version 2.0

Zone and Staging Plan BDA Architecture 17/02/2015 Project No. 361700, Drawing No. SK17

Issue N

ROL Plan BDA Architecture 17/02/2015 Project No. 361700, Drawing No. SK14

Issue M

Sketch No. 90 – Proposed Temporary Batters at Road Gand Road No. 1 Site Bdy

Cardno (Qld) PtyLtd,

13/01/2015 Job No. 7214/74/04

Revision A

‘Potential Future Bus Route Map’ as amended in Red on ROL Plan

BDA Architecture and amended in Red by DTMR

17/12/2014 Project No. 361700, Drawing No. SK14

Issue L

A copy of this response has been sent to the applicant for their information.


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For further information, please contact Andrew Finch, Principal Planning Officer, Regional Services - SEQ South on (07) 5644 3221, or email [email protected] who will be pleased to assist.

Yours sincerely

Martin GarredA/Manager - Planning

cc: Polaris Coomera Pty Ltd c/- Cardno HRP, [email protected]: Attachment 1—Conditions to be imposed

Attachment 2—Reasons for decision to impose conditionsAttachment 3—Further adviceAttachment 4—Approved Plans and Specifications


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Attachment 1—Conditions to be imposed

No. Conditions of Development Approval Condition Timing

Preliminary approval for a Material Change of Use under section 242 of the SPA

State Transport Infrastructure Matters—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Transport and Mains Roads to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):

1. The development must be carried out generally in accordance with the following:

• Coomera Woods Locality Plan by Cardno, datedDecember 2014, Version 2.0

• Coomera Woods Locality Plan Map 7 – Land UsePlan, prepared by BDA Architecture, dated16/12/2014, Project No. 361700, Drawing No. SK09and Issue H;

• Coomera Woods Locality Plan Map 8 – ResidentialDensity Plan, prepared by BDA Architecture, dated17/12/2014, Project No. 361700, Drawing No. SK08and Issue L.

Prior to the commencement of use and to be maintained at all times for the relevantstage

2. The development must be generally in accordance with the Coomera Woods Development Revised Flood Assessment,prepared by Cardno, dated 17/12/2014, Job Reference 721474/005/R1V2 and Version 2.

At all times

3. (a) Retaining walls, filling/backfilling/compaction, excavation, stormwater management measures and other works involving ground disturbance abutting the rail corridor land must not:

(i) de-stabilise or cause damage to rail transport infrastructure or the land supporting this infrastructure;

(ii) adversely impact on the railway through the addition or removal of lateral loads or additional surcharge load;

(iii) encroach into the railway either temporarily or permanently.

(b) Provide RPEQ certification to the Program Delivery and Operations Unit, Department of Transport and Main Roads, South Coast Region ([email protected]) that the development has been designed in accordance with part (a) of this

(a) At all times

(b) Prior to the commencement of any operational works or building work where the relevant stage abuts railway corridor land

(c) Prior to the commencement of use for the relevant stage

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condition. The RPEQ certification must include:

(i) the geotechnical investigations undertaken to inform the development design; and

(ii) the detailed structural engineering design drawings and supporting technical documentation for the development.

(c) Provide RPEQ certification to the Program Delivery and Operations Unit, Department of Transport and Main Roads, South Coast Region ([email protected]) that the development has been constructed in accordance with parts (b) of this condition.

4. Road Network Contribution

(a) Pay a monetary contribution of up to $4,903,500 (indexedin accordance with part (b)) to the State of Queensland (Regional Director, South Coast Region of the Department of Transport and Main Roads), towards protecting the safety and efficiency of the Pacific Motorway Coomera Foxwell Road Interchange.

This contribution has been calculated as follows: Cost of upgrade x development proportional impact$93.4million x 5.25%= $4,903,500.00

Subject to the maximum provided by condition 4(a), a contribution must be paid for each component of development for which a development permit is issued calculated in accordance with the following formula:

Use Contribution = A x B

A = $2,470.00B = Trip Ends Per Day for each Land Use Category consistent with Table 1 – Coomera Town Centre Weekday PM Peak Hour Design Traffic Generation Rates.

(b) The contribution must be indexed based on the Road and Bridge Construction Index, Queensland – Class 3101, published quarterly by the Australian Bureau of Statistics (ABS Cat No. 6427, Series ID A2333727L).

(c) The contribution required by part (a) of this condition is to be supported by evidence justifying the amount, with particular reference to Table 1 – Coomera Town Centre Weekday PM Peak Hour Design Traffic Generation Rates.

(d) Payment of a contribution under this condition 4 satisfies a condition requiring a financial contribution towards the State Controlled Road network under any development permit that is pursuant to this Preliminary Approval.

(a) – (d) Prior to obtaining a final inspection certificate or certificate of classification, whichever is applicable, or prior tothe commencement of use, whichever occurs first, for the relevant stage


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Development Permit - Reconfiguring a Lot

State Transport Infrastructure Matters—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Transport and Mains Roads to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):

1. The development must be carried out generally in accordance with the following plans:

• Coomera Woods Locality Plan by Cardno, datedDecember 2014, Version 2.0

• Zone and Staging Plan, prepared by BDA Architecture,dated 17/02/2015, Project No. 361700, Drawing No.SK17 and Issue N

• ROL Plan, prepared by BDA Architecture, dated17/02/2015, Project No. 361700, Drawing No. SK14 andIssue M;

• Sketch No. 90 – Proposed Temporary Batters at Road Gand Road No. 1 Site Bdy, prepared by Cardno (Qld) PtyLtd, dated 13/01/2015, Job No. 7214/74/04 andRevision A.

Prior to submitting the Plan of Survey to the local government for approval for the relevant stage

2. Road Network Contribution

(a) Pay a monetary contribution of up to $4,903,500 (indexed in accordance with part (b)) to the State of Queensland (Regional Director, South Coast Region of the Department of Transport and Main Roads), towards protecting the safety and efficiency of the Pacific Motorway Coomera Foxwell Road Interchange.

This contribution has been calculated as follows: Cost of upgrade x development proportional impact$93.4million x 5.25%= $4,903,500.00

Subject to the maximum provided by condition 2(a), a contribution must be paid for each component of development for which a development permit is issued calculated in accordance with the following formula:

Use Contribution = A x B

A = $2,470.00B = Trip Ends Per Day for each Land Use Category consistent with Table 1 – Coomera Town Centre Weekday PM Peak Hour Design Traffic Generation Rates.

(b) The contribution must be indexed based on the Road and

(a) – (d) Prior to submitting the Plan of Survey to the local government for approval for each stage of the development, whichever occurs first, for the relevant stage


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Bridge Construction Index, Queensland – Class 3101, published quarterly by the Australian Bureau of Statistics (ABS Cat No. 6427, Series ID A2333727L).

(c) The contribution required by part (a) of this condition is to be supported by evidence justifying the amount, with particular reference to Table 1 – Coomera Town Centre Weekday PM Peak Hour Design Traffic Generation Rates.

(d) Payment of a contribution under this condition 2 also satisfies a payment obligation under condition 3 of the Preliminary Approval (s.242) for a Material Change of Use.

3. (a) Retaining walls, filling/backfilling/compaction, excavation, stormwater management measures and other works involving ground disturbance abutting the rail corridor land must not:

(i) de-stabilise or cause damage to rail transport infrastructure or the land supporting this infrastructure;

(ii) adversely impact on the railway through the addition or removal of lateral loads or additional surcharge load;

(iii) encroach into the railway either temporarily or permanently.

(b) Provide RPEQ certification to the Program Delivery and Operations Unit, Department of Transport and Main Roads, South Coast Region ([email protected]) that the development has been designed in accordance with part (a) of this condition. The RPEQ certification must include:

(i) the geotechnical investigations undertaken to inform the development design; and

(ii) the detailed structural engineering design drawingsand supporting technical documentation for the development.

(c) Provide RPEQ certification to the Program Delivery and Operations Unit, Department of Transport and Main Roads, South Coast Region ([email protected]) that the development has been constructed in accordance with parts (b) of this condition.

(a) At all times

(b) Prior to the commencement of any operational works or building work where the relevant stage abuts railway corridor land

(c) Prior to submitting the Plan of Survey to the local government for approval for the relevant stage

4. (a) The development must be in accordance with the Revised Flood Assessment for the Coomera Woods Development,prepared by Cardno, dated 17/12/2014, Job Reference 721474/005/R1V2 and Version 2; in particular, Chapter 3.0 – East Catchments and Chapter 4.0 – West Catchments.

(b) Any works on the land must not:

(i) create any new discharge points for stormwater runoff

(a) – (b) Prior to submitting the Plan of Survey to the local government for approval for the relevant stage


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onto the railway;(ii) interfere with and/or cause damage to the existing

stormwater drainage on the railway;(iii) surcharge any existing culvert or drain on the railway;(iv) reduce the quality of stormwater discharge onto the

railway.

5. The roads shown as ‘Potential Future Bus Route’ on ROL Plan, prepared by BDA Architecture, dated 17/12/2014, Project No. 361700, Drawing No. SK14 and Issue L, as amended in red, must be designed and constructed to be in accordance with the Schedule – Code for IDAS, Part 2 – Development Standards of the Transport Planning and Coordination Regulation 2005 toaccommodate a single unit rigid bus of 12.5m in length, and Chapter 6, Appendix C - Bus Route Infrastructure of theTransLink Transit Authority Public Transport Infrastructure Manual, May 2012.

Prior to submitting the Plan of Survey to the local government for approval for the relevant stage


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Table 1 - Coomera Town CentreWeekday PM Peak Hour Design Traffic Generation Rates

(To be used to establish contributions to planned upgrades of the Coomera Foxwell Rd Exit 54 Pacific Motorway Interchanges at indexed rate per trip end: weekday pm peak hour trip end per unit of development as proposed in preliminary approval for Coomera Woods, to be paid at the time of subsequent development permits)

Land Use Type Rates (vph)

DesignParameter

Design generationTrip End in PM Peak Hour

Low Density Residential (Up to 30 dwellings per net hectare)

Dwelling 0.85

Medium Density Residential(Above 30 and up to 60 dwellings per net hectare)

Dwelling 0.55

High Density Residential(Above 60 dwellings per net hectare)

Dwelling 0.29

Mixed Use 100sq.m. GFA 2

Other usesAs specified in Appendix 3A, Chapter 3 of the DTMR Road Planning and Design Manual, or as agreed between Applicant and DTMR (mediation if not agreed)

Notes:GFA = Gross Floor areaThese basic trip generation rates are development driveway generation rates. The contribution rates adopted take account of linked and diverted trips, internal trips, directional distributions, etc.

Source: Design generation trip end in PM Peak Hour derived from NSW Government Roads & Maritime Services, Guide to Traffic Generating Developments Technical Direction 04a and dated August 2013 for Low density residential dwellings and High density residential flat dwellings


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Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:

• To ensure the development is carried out generally in accordance with the plans ofdevelopment submitted with the application;

• To mitigate the development’s impact on the State-controlled road network a monetarycontribution towards an upgrade of the Coomera Foxwell Rd Exit 54 Pacific MotorwayInterchange is required;

• To ensure the proposed development does not compromise the safety and efficiencyof state transport infrastructure;

• To ensure that the impacts of stormwater events associated with development areminimised and managed to avoid creating any adverse impacts on state transportcorridors;

• To ensure the development does not compromise the safe and efficient operation ofthe State-controlled road network and railways corridor

• To ensure the development can appropriately accommodate potential future public andpassenger transport services

• To ensure the development achieves the performance outcomes of the relevantmodules of the State Development Assessment Provisions (SDAP).

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Attachment 3—Further advice

Further advice, development permits, compliance permits or compliance certificates

1. Works on RailwayPursuant to section 255 of the Transport Infrastructure Act 1994 (TIA), the railway manager’s written approval is required to carry out works in or on a railway corridor or otherwise interfere with the railway or its operations.

Sketch No. 200 - Sewerage Strategy Schematic Plan, prepared by Cardno Pty Ltd, dated 17/12/2014, Job No. 7214/74/04, Revision F shows that the development will need to connect with existing sewerage reticulation in the railway. Sketch No. 201 – Interim Potable Water Strategy – 2021 Schematic Plan, prepared by Cardno Pty Ltd, dated 17/12/2014, Job No. 7214/74/04, Revision D and Sketch No. 202 – Ultimate Potable Water Strategy Schematic Plan, prepared by Cardno Pty Ltd, dated 17/12/2014, Job No. 7214/74/04, Revision D shows that the proposal relies on connection to an external water main in the railway. The connection to infrastructure services within the railway will require relevant approvals to be obtained from the railway manager.

The applicant should contact Kate Rylands of Queensland Rail (QR) on 3072 1229 or at [email protected] in relation to this matter.

2. Owner’s ConsentAny subsequent development applications for a development permit for operational works for infrastructure services will rely on rail corridor land held or administered by the Department of Transport and Main Roads, namely Lot 62 on SP109417.

Section 263(1)(c) of the Sustainable Planning Act 2009 (SPA) provides that owner’s consent is required for work on rail corridor land as defined under the TIA. Therefore land owner’s consent should be obtained from the Department of Transport and Main Roads in accordance with section 260(1)(e) of the SPA.

An application for owner’s consent should be made to [email protected] or by telephone on (07) 3066 7430. Further information on obtaining owner’s consent from the Department of Transport and Main Roads is available at: http://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Planning-and-development-assessment-under-SPA/Assessable-development/Owners-consent-dept-land/Owners-consent-rail-corridor-land.aspx.

3. Railway NoiseThe proposed development, and in particular, the future development of land onmanagement lots 452, 453 and 454 shown on the ROL Plan, prepared by BDA Architecture, dated 17/02/2015, drawing number SK14 and Issue M, is likely to be impacted on by environmental emissions generated by a railway (Gold Coast Line).

Therefore, subsequent development applications for a development permit should demonstrate how the proposed development will achieve compliance with the railway noise criteria set out in AO2.1 - AO2.3 of PO2, Table 1.1.1 for a material change of use and AO2.1

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of PO2, Table 1.1.2 for reconfiguring a lot.

The relevant railway noise criteria are established by the Department of Transport and Main Roads Policy Position Statement: Development on Land Affected by Environmental Emissions from Transport and Transport Infrastructure, Version 2.0, dated 10 May 2013, which is available at: http://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Planning-policy/Policy-statements-guidelines-and-development-codes/Development-on-Land-Affected-by-Environmental-Emissions.aspx.

4. Roads No 1 and GProposed Roads 1 and G will temporarily terminate near the railway boundary until such time that road overbridges are constructed across the Gold Coast Line. Sketch No. 90 – Proposed Temporary Batters at Road G and Road No. 1 Site Bdy, prepared by Cardno (Qld) Pty Ltd, Job No. 7214/74/04 and Revision A shows the temporary batter and return retaining wall arrangements at these road ends. Gold Coast City Council should require signage and/or barriers to be installed where proposed Roads 1 and G end near the railway boundary.

Road No. 1 and Road No. G shown on ROL Plan, prepared by BDA Architecture, dated 17/02/2015, Project No. 361700, Drawing No. SK14 and Issue M should be designed and constructed to ensure that future road overbridges can achieve the clearances shown on Queensland Rail Drawing Number 2754 – Standard Clearances for New Structures, in particular, a vertical clearance of 7.9m from ‘rail level’.


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Refer 3 page attachment

42 - 44 Union Circuit ,Yatala (Lot 26 on SP 204791) Development Permit for Material Change of Use (Code Assessment) for a Telecommunications Facility. 16th September 2015 The applicant is seeking approval for a Telecommunications Facility on the above-mentioned property. The proposal will consist of a 35 metres high monopole tower with a triangular headframe consisting of six (6) panel antennas (each 2.53 metres long) at a centre line elevation of 35 metres, with an overall height of approximately 36.3 metres to the top of the antenna mounting pipes. The applicant also proposes to install six (6) Remote Radio Units (RRUs) on the monopole behind the antennas, with three (3) RRUs strapped to the pole above the headframe at 35.5 metres and three below the headframe at 34.5 metres. The facility will be situated within a 12 metres x 6 metres leased compound area setback approximately 3.82 metres from the road frontage. An equipment shelter will also be placed within this area. This area will be enclosed off from the remainder of the site by a chainlink fence and double access gate.

Height of proposed Telecommunication Facility.

Acceptable outcome demonstrated. The proposed tower is to be established within an area currently used and being developed for industrial purposes. It is considered that given the slim nature of the pole, it will not create an adverse visual impact within its surrounds which consist of large warehouse/industrial buildings. Furthermore the location of the pole is sufficiently separated from the closest residential properties to the west (33 Kristy Court) to ensure there are no detrimental impacts upon residents.

Not Applicable Not Applicable

N/A

N/A Approval


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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 draft 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 Assessment11.3 Subdivision Engineering11.4 Open Space Assessment11.5 Architect11.6 Gold Coast Water11.7 Engineering Services11.8 Plumbing and Drainage11.9 Environmental Assessment11.10 Operational Works11.11 Hydraulics and Water Quality11.12 QLD Fire Rescue11.13 Arborist11.14 Landscape Assessment11.15 Beaches and Water11.16 Geotechnical Engineering11.17 Social Planning11.18 Other Sections of Council

12 EXTERNAL REFERRALS 12.1 Concurrence agencies12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE


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14 PUBLIC NOTIFICATION 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION

City of Gold Coast (Council) is in receipt of a Material Change of Use (Code Assessable) application for a Development Permit to establish a Telecommunications Facility at the subject site located at 42-44 Union Circuit, Yatala also described as Lot 26 on SP204791.

The applicant, Telstra, proposes to install a new telecommunications tower and equipment shelter located towards the front of the subject property. The existing Telstra infrastructure in the surrounding area currently providing service to the locality is experiencing congestion from high mobile phone and wireless broadband users within the area. The proposal is to allow Telstra to improve its coverage and call capacity within the Yatala area. The subject site is located within the Yatala Enterprise Area Local Area Plan (Precinct 1 - General Impact Business and Industry) of Our Living City Gold Coast Planning Scheme 2003 (Planning Scheme).

The proposed lease area for the facility will be 12 metres x 6 metres in size. The facility will consist of one 35 metres high, standard slimline monopole, with attached antennas and equipment shelter with a total height of approximately 36.3 metres.

The proposal has been assessed against the Yatala Enterprise Area Local Area Plan (Precinct 1 - General Impact Business and Industry) and Telecommunication Facilities Specific Development Code. An assessment of the application has determined the proposal generally complies with the Performance Criteria of the applicable Codes and that the proposal can achieve a desirable planning outcome. Alternative solutions were proposed in relation to the height of the tower, co-location of the tower, setback requirements, design of the built form and landscaping.

It is recommended that the proposed development be approved subject to the imposition of reasonable and relevant conditions.


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Lot 26 on SP204791Telstra Corporation C/- Aurecon Australasia Pty Ltd Goldzone Pty Ltd & Golden Emperor Holdings Pty Ltd Goldzone Pty Ltd & Golden Emperor Holdings Pty Ltd 5869m229 May 2015 13 July 2015 16 September 2015 N/A Yatala Enterprise Area Local Area Plan (Precinct 1 - General Impact Business and Industry) Medium Impact Industry Zone N/A Development permit for Material Change of use (Code Assessment) for Telecommunications Facility

Telstra Site Selection Process Telstra has submitted that in areas where the deployment of a new site is required, a search is undertaken identifying where a new facility is located.


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Factors to be considered in determining possible suitable locations include: • the availability of land; • requirements of the landowner; • visual effect, cost, access for maintenance purposes, construction issues, planning

objectives; and • radio frequency requirements such as coverage objectives, capacity, network design

constraints, line of sight and height of surrounding buildings, trees, hills and other structures.

The following locations were considered:

Candidate A – 43 – 45 Union Circuit, Yatala QLD 4207 (Lot 62 on SP204791) This property has a total area of 2500m² and has been split into three tenancies with shared access. While a facility at this location would achieve Telstra’s coverage objectives, the landowner had concerns that the facility would restrict future development on the land. As such, the proposal for a new facility was rejected by the landowner.

Candidate B – 35 – 37 Union Circuit, Yatala QLD 4207 (Lot 64 on SP204791) Candidate B has a total area of approximately 5112m² and currently comprises vacant industrial land. While a facility at this location would achieve Telstra’s coverage objectives, the landowner was not interested in a proposal from Telstra.

Candidate C – 42 – 44 Union Circuit, Yatala QLD 4207 (Lot 26 on SP204791) This property has a total area of approximately 5869m² and is currently used for scrap metal recycling activities. A facility at this site would achieve Telstra’s coverage objectives. This site was considered to be the best location for the proposed facility because: • The site is located within the ‘General Impact Business and Industry’ precinct and is

currently used for scrap metal recycling activities. It is considered that the proposed telecommunications facility is consistent with the existing land uses at the site and with the remainder of the industrial estate that the site is located within;

• Existing landscaping on the eastern boundary of the site along Union Circuit, would provide partial screening to the base of the monopole and equipment shelter;

• The proposal for a 35 metres high monopole in this location is considered to be appropriately located in order to provide coverage to all of the targeted area in Yatala;

• The industrial estate that the site is located in is elevated in comparison to the surrounding area.

• The location of the proposed facility is situated high enough to provide coverage into a number of low points in the area; and

• The proposal met radio frequency objectives.

Candidate D – 46 – 48 Link Drive, Yatala QLD 4207 (Lot 47 on SP198136) Candidate D comprises a spray painting facility and has a total area of approximately 5245m². While a facility at this location would achieve Telstra’s coverage objectives, the landowner had concerns that the facility would restrict future development on the land. As a result, the proposal for a new facility was rejected by the landowner.


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Candidate E – 70 – 76 Union Circuit, Yatala QLD 4207 (Lot 19 on SP204791) Candidate E comprises approximately 5870m² and is currently used for industrial purposes and equipment storage. The site contains an existing Optus telecommunications facility comprising a 25metres high monopole. Telstra considered the installation of a Low-impact Facility on this existing facility under the Telecommunications Low-impact Facilities) Determination 1999. However, Candidate E was not selected as a viable location as co-locating Telstra equipment on this existing facility would not achieve Telstra’s coverage objectives, due to the height of this facility and a drop in elevation at its location.

The Applicant (Telstra) seeks approval to establish a new Telecommunications Facility at the subject site located at 42-44 Union Circuit, Yatala.

The proposed facility contains the following elements: • Construction of a 35 metres high monopole tower with attached antennas reaching an

overall height of approximately 36.3 metres. • All associated equipment will be housed within the proposed Telstra equipment

shelter (approximately 3.28metres (L) x 2.28metres (W) x 3metres (H)) at the base of the monopole;

• Access will be obtained via an existing driveway off Union Circuit; • Connected to the existing power supply within the property; and • Remain unpainted in its natural factory finish, non-reflective colour, with the preferred

colour being colorbond ‘pale-eucalypt’.

Once operational, the facility would only require infrequent maintenance checks approximately 2 to 4 times per year. There is an existing 3.82metres wide landscaped area to the front of the tower which is also to remain.

Site Description The site is located within the suburb of Yatala, within an established industrial area. The site is currently used for scrap metal recycling activities, and comprises large shipping containers, dome sheds, machinery and mounds of scrap metal. It is noted that the salvage yard operation on the site is currently subject to a separate development application (Ref: PN301967/01/DA1) in order to legitimise the activity. There is an existing landscaping area located along the property frontage. Access to the site and proposed facility will be obtained via the existing driveway, off Union Circuit.

Surrounding Environment The surrounding land is being used for industrial purposes, with an existing Optus Telecommunication tower located approximately 325 metres away at 70-72 Union Circuit, Yatala. The immediate adjoining site (Lot 900 on SP204791) to the west has received an approval for a four lot subdivision. Union Circuit is currently being developed, with large industrial/warehouse buildings. The area consists of the following approved/established activities of note:


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• Warehouse development at 30-32 Union Circuit; • Salvage Yard at 34-36 Union Circuit; • Industry at 23-25 Union Circuit; • Salvage Yard at 46 Union Circuit; • Industry (Chemical Storage) at 27-29 Union Circuit; and • Service Industry at 50-52 Union Circuit.

Residential development along Kristy Court, Yatala is located approximately 407 metres (measured to the property boundary at 33 Kristy Court) to the west, across from Stanmore Road. The residential areas are separated from the location of the proposed facility by existing vegetation, industrial land uses and infrastructure including power lines and roads.

View to Proposed Location from Road


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Aerial view of subject site and surrounds

Section 313 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing a code 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 South East Queensland Regional Plan 2009-2031 State Planning Regulatory provisions

• the regional plan for a designated region The subject site located within the urban footprint of the South East Queensland Regional Plan 2009-2031

• any applicable codes that are identified as a code for IDAS

Not Applicable

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

Not Applicable

• any applicable codes in the following instruments: • a structure plan Not Applicable

• a master plan Not Applicable


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• a temporary local planning instrument Not Applicable

• an earlier preliminary approval to which section 242 applies

Not Applicable

• a planning scheme Refer below – Planning scheme assessment

• the infrastructure charge resolution or the priority infrastructure plan

Not Applicable

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

• the common material The common material submitted has been assessed and reference where applicable within the report.

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

See ‘Site and Environment’ section above

• any referral agency’s response for the application Not Applicable

• the purposes of any instrument containing an applicable code

Not Applicable

Draft City Plan Zone

Medium Impact Industry The subject is located within the Medium Impact Industry zone of the draft City Plan. The provisions of Table 5.5.10: Material change of use – Medium Impact industry zone (where not in a precinct) are as follows:


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Pursuant to the Draft City Plan, the subject site would be located within the Medium Impact Industry zone. The proposal will be defined as a Telecommunications Facility which is defined as:

“Premises used for systems that carry communications and signals by means of radio, including guided or unguided electromagnetic energy, whether such facility is manned or remotely controlled.”

Because the facility is located within 400 metres of another established facility, being the Optus tower at 70 Union Circuit approximately 325 metres to the north-west, the proposal would require impact assessment.

The subject development application was lodged with Council on 29 May 2015 and entered the Decision Making Period on 13 July 2015. The assessment of the development application has been made against the current Planning Scheme, being the Planning Scheme in force at the time of the Decision Making Period commencing.

Yatala Enterprise Area (General Impact Business and Industry precinct)

N/A Telecommunications Facility


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Relationship to the Local Area Plan

The subject site is located in the Precinct 1 – General Impact Business and Industry precinct of the Yatala Enterprise Area Local Area Plan (LAP).

Pursuant to the Planning Scheme, the proposed land use is defined as Telecommunications Facility:

• The use of premises for a facility as defined in the Telecommunications Act 1997.

which triggers code assessment pursuant to Table of Development A (material change of use).

The activity is included within the Table of Development and as such it is considered that the landuse is envisaged, subject to it satisfying the relevant assessment criteria.

The intent statement for the General Impact Business and Industry precinct reads:

“The General Impact Business and Industry Precinct is intended to accommodate a broad range of manufacturing industries, warehouses and distribution centres of a general industrial nature that will result in significant growth in long term employment for the residents of the Gold Coast City and of the greater South East Queensland area.

Preferred activities will typically focus on the production, manufacture, construction or distribution of goods. Industries traditionally considered to be heavy may be suitable for this precinct, provided innovative technologies are employed to neutralise any potential detrimental impacts and provided the establishment of such uses does not have a detrimental impact on the ability of the precinct to attract preferred uses. Preferred activities will typically generate high levels of long term employment.


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Overall, this precinct is well separated from existing and intended residential areas. The precinct provides the opportunity for the location of industries within the core areas which are of state and regional economic significance, particularly those which require a separation from residential and other sensitive uses.”

Officer's Comments The followings comments are made in regards to the above: • It is noted that the surrounding area is rapidly expanding and developing in terms of

industrial land uses being established and employment opportunities being created. As these expand it is considered appropriate that the supporting infrastructure (including telecommunications facilities) be available to assist businesses. It is noted that Telstra has submitted that the proposed facility is intended to improve overall mobile and broadband performance including depth of coverage and call capacity to the locality.

• The facility only takes up a small portion of the subject site, thus does not interfere with the establishment of an industrial activity on the subject property.

• As the facility is to be established within an industrial area, it is unlikely to have an adverse impact upon the amenity of the immediate area which is characterised by large industrial and warehouse buildings.

• It is noted that the closest residential site is located approximately 485 metres (measured to the dwelling – 33 Kristy Court) away from the proposed tower location. The applicant has submitted a photo montage (refer below) which shows that the tower will be barely visible amongst the tree line when viewed from Kristy Court.

• Telstra has demonstrated the need for the facility.

It is therefore considered that the establishment of the facility will not compromise the intent of the precinct.

View from 21 Kristy Court towards tower


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View from 9 Kristy Court towards tower

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

PC4The layout of buildings, structures and activities achieves an attractive and orderly appearance where development is visible from the public domain. A good standard of visual amenity is achieved through generous building setbacks and high quality landscaping.

AS4.1The building or structure is set back not less than:

a) 10 metres from the primary road frontage of the site;

b) 7 metres from the secondary road frontage(s).

Applicant’s Comments: The applicant has submitted the following in regards to the proposed setback:

• The compound will be set back approximately 3.82 metres from Union Circuit. Existing landscaping will be situated between the compound and the front property boundary. Although the proposed facility will be visible from Union Circuit, existing landscaping would provide some screening to the base of the monopole and equipment shelter. The proposed telecommunications facility will not be an inconsistent use within the established industrial area.

The applicant has submitted the following photo to illustrate the visual impact of the tower:


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View of Cherry Picker illustrating height of tower

Officer’s Comments: In regards to the proposed setback, the following comments are provided: • It is considered that whilst the tower will be visible from the road frontage, the slimline

design of the tower will ensure that it does not present as a bulky structure to the streetscape. Furthermore the applicant proposes to retain the tower in its natural factory finish colour which will ensure is blends into the surrounding built form which consists of large industrial and warehouse buildings.

• Telstra proposes to retain the existing landscaping along the road frontage and will paint the equipment shed in a “pale-eucalypt” colour to ensure it will not detract from the streetscape.

• It is noted that the property is being utilised as a Salvage Yard which limits the location options within the site. The positioning to the front of the subject site will allow for ease of access for future maintenance purposes and also increases the separation distance to residential properties located to the west of the site.

Based on the above reasons, it is considered that the proposal will not compromise the intent of the performance criteria.

PC10Industrial structures, storage or service areas, which are likely to appear visually dominating or unsightly, are located to the rear or sides of sites or are otherwise designed and screened to enhance their appearance, when viewed from the street.

AS10No acceptable solution provided.


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Applicant’s Comments: The applicant has submitted the following in regards to the proposed setback: “The proposed telecommunications facility would be located adjacent to existing landscaping in the south eastern corner of the subject site. Although the telecommunications facility would be visible from Union Circuit, existing landscaping would provide partial screening to the base of the monopole and equipment shelter. When viewed from Union Circuit, the proposed telecommunications facility would be a consistent use with the established industrial area, and would be seen in the context of industrial buildings, sheds, machinery and equipment, which would obstruct views of the facility and provide partial screening.”

Officer’s Comments: Council officers concur with the applicant’s comments.

For the reasons outlined above it is considered that the proposal will satisfy the intent of the performance criteria.

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

PC5All free standing tower structures and facility buildings (including equipment shelters and housings), located in either an ora , are consistent with the character of the local area and provide safe structures meeting the required wind loading engineering certification.

AS5.1.1The freestanding monopole slimline tower is located in an or a and has: a) a maximum height of 30 metres; b) a maximum number of 12 attached facilities

with a drum antenna not exceeding 1,200mm in diameter and a dish antenna not exceeding 1,800mm in diameter.

OR

AS5.1.2The freestanding monopole slimline tower is located in an or a , is a co-located facility, and has: a) a maximum height of 30 metres, not

exceeding five metres above the existing mature tree canopy on a topographic ridge line;

b) a maximum number of 15 attached facilities;

c) flush mounted headframes in accordance with Occupational Health and Safety standards.


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Applicant’s Comments:

The applicant has submitted the following in regards to the facility height: “Telstra’s proposal involves the installation of a 35m high monopole comprising six (6) panel antennas within an industrial area. The proposed facility has been designed at the minimum height necessary to achieve coverage objectives. Existing landscaping located adjacent to the proposed facility would provide screening to the base of the monopole and equipment shelter from Union Circuit, while existing industrial buildings, machinery and equipment would provide screening to the facility from the wider industrial estate including Union Circuit and Link Drive. Existing vegetation within the wider area and a drop in elevation would significantly reduce the visual impact of the facility from areas in the wider locality including dwellings. Although the top of the monopole and headframe would be visible from some locations, this is necessary to achieve line of sight and coverage objectives. It is not considered that the proposal would result in a significant visual impact on the surrounding locality.

Telstra’s proposed facility would be designed and certified by a qualified Professional Engineer and will be in accordance with all relevant Australian Standards, including standards required for wind loading. This ensures that the proposed base station will not result in increase in the level of risk to the public. The proposal would also be enclosed by a compound security fence to prevent unrestricted access and it would satisfy the relevant Australian Standards for site and safety signage on a telecommunications facility.

It is noted that an existing Optus facility is located approximately 325m to the north. Telstra considered a co-location option on this facility, however investigations determined that Telstra would be unable to achieve their coverage objectives due to the height of this facility and a drop in elevation.”

Officer’s Comments: Council officers concur with the applicant's comments.

For the reasons outlined above it is considered that the facility will satisfy the intent of the performance criteria.

PC8All Telecommunication and Broadcasting Facilities and structures must be designed and located at distances from the property frontage and the side and rear boundaries which maintain a clear separation from neighbouring properties and frontages to roads.

AS8.1.1The facility is a free standing slimline tower that is not attached to a building, has an overall height not exceeding 20 metres, and a minimum set back of 10 metres.

OR

AS8.1.2The facility is a free standing slimline tower that is not attached to a building, and has an overall height between 20 and 30 metres and a minimum setback of 12 metres.

PC10Tree and shrub planting must provide dense screening to reduce the visual impacts of the facility and to enhance the character of the local area.

AS10A minimum 3 metre wide earth mounded landscape buffer strip, with densely planted shrubs and appropriate tree species, provides a visual barrier within the setback area between adjoining properties.


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Applicant’s Comments: The applicant has submitted the following in regards to the above criteria: "Telstra’s proposal involves the installation of a 35m high monopole which will be located adjacent to the site’s southern boundary. The facility will be located 48m from the site’s northern boundary, 7.4m from the eastern boundary and 105m from the site’s western boundary. It is noted that the proposal does not comply with boundary setbacks outlined in AS8.1.

Notwithstanding this, existing landscaping sited between the proposed facility and the site’s eastern boundary would provide partial screening to the facility from Union Circuit. Furthermore, as the subject site is currently used for scrap metal recycling activities, and as the wider area is used for industrial purposes, the proposed facility would not be an inconsistent use with the area and would not result in a negative impact on adjoining properties.

No landscaping is proposed for the telecommunications facility. An existing landscape strip, approximately 3.82m wide will provide partial screening to the proposed facility from Union Circuit. Due to the industrial nature of existing development at the subject site and adjoining properties, additional landscaping is not considered necessary. Existing buildings, equipment and machinery would obstruct views of the proposed facility from the surrounding area."

Officer's Comments: Council officers concur with the applicant’s comments.

Therefore it is considered that the proposal satisfies the intent of the above applicable performance criteria.

PC11All built facilities and structures must be located to minimise any negative impacts to the amenity of the local area, having regard to:a) significant views and vistas; b) natural waterways; c) remnant vegetation.

AS11.4 The development is a free standing slimline tower structure which is located a minimum of one kilometre from another free standing slimline tower.

PC15All facilities must be co-located, where reasonable, with: a) other Telecommunication and/or Broadcasting Facilities; b) existing building and structures.

AS15The facility is co-located with two or more service providers or telecommunication carriers on an existing site, and the structures and facilities do not negatively impact upon the character of the local area.


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Applicant’s Comments: The applicant has submitted the following as part of the Information Request Response in regards to the above co-location criteria: The only existing telecommunications facility located in reasonable proximity where co-location could possibly occur is the existing Optus facility located at 70 Union Circuit, approximately 325m to the north west of Telstra’s proposed facility. The existing Optus facility, which comprises a 25m high monopole, currently accommodates Optus, Vodafone and Optus/Vodafone Joint Venture equipment, at the top of the facility. To co-locate Telstra’s equipment on this monopole, Telstra’s equipment would need to be collocated at an elevation of 20m, to maintain appropriate separation between the existing Optus and Vodafone equipment and Telstra’s equipment. A height of 20m is not sufficient to provide in-building coverage to the residential areas located to the west of the industrial estate. Furthermore, Telstra’s signal at 20m would also reduce after passing through nearby existing buildings and trees, long before the signal would reach the residential areas located to the west.

In addition to the above, Telstra’s capacity issues in the area, could not be resolved by co-locating on the Optus facility, or on any other facility within the area. To resolve Telstra’s capacity issues within the industrial estate the facility needs to be located closest to where those services are required. Due to the height limitation of this facility which is the only co-location option, Telstra is unable to resolve capacity issues via co-location.

Officer's Comments: Council officers concur with the applicant's comments. It is noted that the applicant has stated that the tower will allow other service providers to co-locate. It is recommended that a condition of approval be included to ensure that a co-location option exists.

Therefore for the reasons outlined above it is considered that the proposal satisfies the intent of the performance criteria.

PC14The facility must be compatible with the character of the immediate surroundings, streetscape or parkland open space, and must not appear as the dominant visual element, having regard to: a) bulk and scale; b) form and shape; c) materials, colours and finishes; d) skyline impact.

AS14The Telecommunications and/or Broadcasting Facility: a) is designed with an external form and finish, which provides camouflage or disguise; b) gives an appearance of a mature form of the dominant tree species; c) provides a similar architectural appearance to the built form, structure, art form or streetscape furniture type and theme that is directly related to the function and aesthetics of the buildings and local climate of the surrounding area; d) is designed to minimise impacts associated with the facility on users of the street.

Applicant’s Comments: The applicant has provided the following comments in regards to the above criteria:

a) The subject site is located within the ‘General Impact Business and Industry’ precinct of the Yatala Enterprise Area LAP. Existing landscaping sited immediately east of the facility would provide partial screening to the base of the monopole and equipment shelter. The proposed facility can also be colour-matched to its surroundings at the request of Council. It is considered that the proposed facility is a consistent use with the subject site and its surroundings;


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b) Given the industrial nature of the area, camouflaging the proposed monopole to appear as a mature form of tree species is not considered to be necessary. Once constructed, the proposed telecommunications facility would be seen in the context of existing industrial development comprising buildings, sheds, equipment and machinery. As such, the proposed facility would not result in a significant visual impact on the locality;

c) This site is located within an industrial precinct, within the highly modified Yatala Enterprise Area. The existing skyline comprises similar vertical elements such as light poles, power lines, equipment, machinery and another existing telecommunications facility. It is considered that the proposed facility would integrate with the exiting landscape and would not result in a significant visual impact; and

d) Existing landscaping located immediately east of the facility, would provide partial screening to the base of the monopole and equipment shelter from Union Circuit. Design measures have also been incorporated to further mitigate potential visual impacts: • A monopole design was selected rather than a lattice tower due to its slim line

forma and reduced bulk; • The monopole has been designed at the minimum height necessary to achieve

the required radio frequency coverage; and • The proposed facility would be seen in the context of existing industrial

development at the subject and surrounding area. As such, the visible volume of the facility would be reduced.

The applicant has submitted the following images to illustrate the visual impact of the tower on the skyline.

View from intersection of Link Drive and Darlington Drive


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View from Stanmore Road, approximately 415m south-west


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View from 17 Teleford Court towards Proposed tower and existing Optus facility

Officer's Comments: Council officers concur with the applicant's comments.

It is therefore considered that the facility satisfies the intent of the performance criteria.

The subject site is identified as being located within the Urban Footprint of the South East Queensland Regional Plan 2009-2031. The Urban Footprint includes existing urban areas and Greenfield areas potentially suitable for future urban development. The telecommunications tower will not compromise the intent of the Regional Plan.

The application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 4 June 2015.


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Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

Engineering Services

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:

Council’s Hydraulics department has provided standard conditions requiring that 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.

Not applicable

Not applicable

There are no infrastructure charges applicable to this application.

As the proposal is subject to Code Assessment public notification was not required under the Sustainable Planning Act 2009.

Not applicable

Council is in receipt of a Development Permit for a Material Change of Use (Code Assessment) for a Telecommunications Facility at 42-44 Union Circuit, Yatala.


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An assessment of the application has determined the proposal does not compromise the intent of General Impact Business and Industry Precinct of the Yatala Enterprise Area Local Area Plan and the Telecommunications Specific Development Code. The tower is considered to be a beneficial infrastructure which will support the development of the area and will not impact on the existing character of the area. The proposal also generally complies with the Performance Criteria of the applicable codes. Where an alternate solution is sought it is considered that the applicant has taken appropriate steps to ensure an acceptable outcome is achieved.

As such, it is recommended that the proposed development be approved, subject to the imposition of relevant and reasonable conditions.

Not applicable.

Lot 26 on SP20479142 - 44 Union Circuit, Yatala 5869m2Development Permit for Material Change of Use (Code Assessment) for Telecommunications Facility. Building Works Applications N/A N/A


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Council approves the issue of a Development Permit for Material Change of Use for a Telecommunications Facility, subject to the following conditions:

1

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.

Q112651 Mobile Network Site 294824. Yatala West – Site Access and Locality Plan. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S1

19.05.15 Aurecon

Q112651 Mobile Network Site 294824. Yatala West – Site Layout. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S1-1

19.05.15 Aurecon

Q112651 Mobile Network Site 294824. Yatala West – East Elevation. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S3

19.05.15 Aurecon

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

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

As indicated within the wording of the condition.

3

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.

At all times.

4

The applicant must give Council written notice of the following:

Application number; aSite address; bName and telephone number (work and after hours) of cthe project manager and the site owner; Works intended to be carried out; d

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


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The proposed timetable associated with the works, eincluding 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.

commencement of any works on site.

5

Any crane booms and/or supporting structures must not incorporate any illuminated signage at any time during the construction phase.

At all times during construction.

6

The free standing monopole shall remain in a light grey colour as per its factory finish while the equipment shelter shall be coloured in colorbond “pale eucalypt” at no cost to Council and to the satisfaction of the Chief Executive Officer.

At all times.

7

All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists

At all times.

8

The Telecommunications Facility must be fenced along all sides, in the form of a chain-link fence at no cost to Council, in accordance with the approved plans/ drawings.

At all times.

9

The applicant shall ensure that the existing landscaping between the proposed Telecommunication Facility and the Union Circuit road frontage shall be retained. If any disturbance occurs to the landscaping during construction, disturbed areas are to be re-instated.

At all times.


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10

The applicant must ensure that the Telecommunications Facility provides the opportunity for co-location of facilities of other service providers or telecommunication carriers at no cost to Council.

At all times.

11

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.

At all times.

12

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

All trucks hauling soil, or fill/excavated material must ahave their loads secure and covered; Any spillage that falls from the trucks or their wheels bmust be collected and removed from the site and streets along which the trucks travel, on a daily basis; andPrior to vehicles exiting the site, measures must be ctaken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

At all times while works are occurring.

13

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.


14

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.



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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.

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 ofenvironmental 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.

The Aboriginal Cultural Heritage Act 2003 (‘ ’) 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


295Adopted Report

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.

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].

Obligation to ensure electrical safety

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

Author: Authorised by:Shailendra Singh Dyan Currie Planning Officer – MCU Citywide Director Planning and Environment August 2015


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ITEM 2 (CONTINUED)DEVELOPMENT PERMIT FOR MCU APPLICATION TO ESTABLISH A TELECOMMUNICATION FACILITY - 42 - 44 UNION CIRCUIT, YATALA – DIVISION 1PN301967/01/DA2

COMMITTEE RECOMMENDATION CP15.0909.002moved Cr Betts seconded Cr Owen-Jones

That Council resolves as follows :

Real property description Lot 26 on SP204791 Address of property 42 - 44 Union Circuit, YatalaArea of property 5869m2Decision type Development Permit for Material Change of Use

(Code Assessment) for Telecommunications Facility.Further development permits Building Works ApplicationsFurther compliance permits N/ACompliance assessment required for documents or works

N/A

NATURE OF DECISIONA Council approves the issue of a Development Permit for Material Change of Use for a

Telecommunications Facility, subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Title Date Prepared byQ112651 Mobile Network Site 294824. Yatala West – Site Access

and Locality Plan. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S1

19.05.15 Aurecon

Q112651 Mobile Network Site 294824. Yatala West – Site Layout. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S1-1

19.05.15 Aurecon

Q112651 Mobile Network Site 294824. Yatala West – East Elevation. 42-44 Union Circuit, Yatala QLD 4207. Sheet No. S3

19.05.15 Aurecon

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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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 work application relating to or arising from this development approval.

TimingAs indicated within the wording of the condition.

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

TimingAt all times.

4 Notice of works timetableThe applicant must give Council written notice of the following:

Application number;a Site address;b Name and telephone number (work and after hours) of cthe project manager and the site owner;Works intended to be carried out;d The proposed timetable associated with the works, e including expected commencement, duration and completion date.

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

TimingAfter 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.

ADVERTISING DEVICES

5 No illuminated signage during constructionAny crane booms and/or supporting structures must not incorporate any illuminated signage at any time during the construction phase.

TimingAt all times during construction.


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AMENITY

6 Tower and equipment shelterThe free standing monopole shall remain in a light grey colour as per its factory finish while the equipment shelter shall be coloured in colorbond “pale eucalypt” at no cost to Council and to the satisfaction of the Chief Executive Officer.

TimingAt all times.

No nuisance from lighting7All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.

TimingAt all times.

8 FencingThe Telecommunications Facility must be fenced along all sides, in the form of a chain-link fence at no cost to Council, in accordance with the approved plans/ drawings.

TimingAt all times.

LANDSCAPE WORKS ON PRIVATE LAND

9 LandscapingThe applicant shall ensure that the existing landscaping between the proposed Telecommunication Facility and the Union Circuit road frontage shall be retained. If any disturbance occurs to the landscaping during construction, disturbed areas are to be re-instated.

TimingAt all times.

TELECOMMUNICATIONS

10 Facility to provide co-location opportunityThe applicant must ensure that the Telecommunications Facility provides the opportunity for co-location of facilities of other service providers or telecommunication carriers at no cost to Council.

TimingAt all times.

HYDRAULICS

11 Alteration of overland flow pathsOverland 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.

TimingAt all times.

CONSTRUCTION MANAGEMENT

12 Transport of soil/fill/excavated materialDuring the transportation of soil and other fill/excavated material:

All trucks hauling soil, or fill/excavated material must a

TimingAt all times while works are occurring.


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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; andPrior to vehicles exiting the site, measures must be ctaken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

13 Workplace health and safetyThe 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.


14 Public safety to be ensuredThe 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.


ADVISORY NOTES TO APPLICANT

B Rights of appealThe 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.

C Applicant responsibilitiesThe 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


b Providing any notifications required by law (by way of example only, to notify the


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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;



D Indigenous cultural heritage legislation and duty of care requirementThe 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; andd 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.

E Greenhouse gas emissionsAs 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].


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F Obligation to ensure electrical safetyUnder the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines.Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline.Information note:An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office.For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

CARRIED

Cr Gates voted in the negative.


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Refer 8 page attachment

27 Equestrian Drive, Maudsland Development Permit for Material Change of Use (Impact Assessment) for Reception Room (Wedding Reception Venue) 11 September 2015 The Applicant is seeking approval to establish a Reception Room to cater for wedding events. The use proposes to cater for between 80 and 100 people through approximately 10 to 15 events per year, operating between 12:00pm and 1:00am. No permanent structures are proposed as the built form will only consist of false flooring under demountable marquees, and portable toilets, all of which will be removed from the site after an event. A gravel car park will facilitate 39 car parking spaces and an additional space for a mini bus or similar vehicle. Food preparation will occur off-site and will be delivered utilising the loading bay west of the proposed car park.

Residential amenity Resolution considered acceptable due to the isolated location of the reception area and the scale and infrequency of the use. Further, the acoustic levels are compliant with the necessary requirements and will be stringently conditioned.

Two (2) properly made objections; and Three (3) not properly made objections.

Nil

• Acoustics;

• Residential amenity;

• Traffic levels; and

• Inappropriate land use.

Not applicable


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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 2015 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 Assessment11.3 Subdivision Engineering11.4 Open Space Assessment11.5 Architect11.6 Gold Coast Water11.7 Engineering Services11.8 Plumbing and Drainage11.9 Environmental Assessment11.10 Operational Works11.11 Hydraulics and Water Quality11.12 QLD Fire Rescue11.13 Arborist11.14 Landscape Assessment11.15 Beaches and Water11.16 Geotechnical Engineering11.17 Social Planning11.18 Other Sections of Council

12 EXTERNAL REFERRALS 12.1 Concurrence agencies12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE


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14 ADVERTISING 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION

Council is in receipt of a Development Application for a Material Change of Use (Impact Assessment) for a Reception Room (Wedding Reception Venue) located at 27 Equestrian Drive, Maudsland and is properly described as Lot 9 on RP211828.

The site is located within the Park Living Domain where the proposed land use of ‘Reception Room’ is unlisted within Table ‘A’ of the Table of Development. Therefore, the application has triggered Impact Assessment.

The proposed development has been assessed against the relevant Performance Criteria and Acceptable Solutions listed within the Park Living Domain Place Code, and applicable Constraint Codes of the Planning Scheme.

During the Public Notification period, two (2) properly made submissions and three (3) not properly made submissions were received by Council objecting to the proposed development. The key issues raised by submitters related to acoustics, residential amenity, traffic impacts and the land-use itself.

After a detailed assessment of the application and associated documents against the relevant provisions of the Gold Coast Planning Scheme 2003 it is considered that the concerns raised by the submitters can be adequately addressed through conditions of approval.

It is therefore recommended that the development application be approved subject to reasonable and relevant conditions.

Lot 9 on RP211828Geoff Benson C/- McLynskey Planners Pty Ltd Margaret Ruth Benson & Geoffrey Neil G Benson Margaret Ruth Benson & Geoffrey Neil G Benson 30,160m2

14 April 2015 19 June 2015 Park Living Domain N/A Rural Residential Landscape and Environment Precinct of the Rural Residential Zone N/A Development Permit for Material Change of Use for Reception Room (Wedding Reception Venue)


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On 17 September 2009, the Manager of City Development acting under Delegated Authority approved a Development Permit for a Material Change of Use Family Accommodation over the subject site. The approved location for this residence is north of the area proposed to be utilised as part of this application.

The Applicant is seeking approval to establish a Reception Room to cater for wedding events. The use proposes to cater for between 80 and 100 people through approximately 10 to 15 events per year, operating between 12:00pm and 1:00am. No permanent structures are proposed as the built form will only consist of false flooring under demountable marquees, and portable toilets, all of which will be removed from site after an event. The proposed reception area is approximately 200m2 in size and is located centrally within the western portion of the site. The area is approximately 140 metres from Equestrian Drive, 28 metres from the rear boundary and 100 metres from the nearest neighbouring dwelling. The reception area is obscured from neighbouring residents through existing built form, mature vegetation, the natural topography of the area and the separation created by the Coomera River.

A gravel car park will facilitate 39 car parking spaces and an additional space for a mini bus or similar vehicle. The closest car parking spaces are located approximately nine (9) metres from the southern boundary and 34 metres from the front boundary. Food preparation will occur off-site and will be delivered utilising the loading bay west of the proposed car park.

Noise absorbent screens will be positioned around generators, while amplified music is proposed to be managed through the following means:

• Must not exceed 93dB(A) L10 @ one (1) metre between 6:00PM to 10:00PM;

• Must be reduced to 85dB(A) L10 @ one (1) metre at 10:00PM; and

• Must cease at 12:00AM. The Applicant has not specified their intentions for lighting or the proposed location of portable toilets. However, conditions of approval will be included within the officer’s recommendation to ensure that these are appropriately located and managed to mitigate impacts on residential amenity.


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Figure 1: Proposed Site Plan

The subject site is located at 27 Equestrian Drive, Maudsland and is properly described as Lot 9 on RP211828. The site has an area of 30,160m2 and is currently improved by a detached dwelling, located within the south-western corner of the property. The site generally slopes from east to west with the gradient of the slope increasing significantly, falling towards the Coomera River, once beyond the retaining wall that abuts the proposed function area. The site has a street frontage of approximately 150 metres to Equestrian Drive. An Energex easement traverses across the northern portion of the site.


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Figure 2: Site photograph of the proposed marquee area looking south-west


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Figure 3: Site photograph taken from the proposed marquee area looking west

The subject site resides within a pocket of Park Living properties located between the Coomera River and Maudsland Road. West of the site is a pocket of properties that reside within the Rural Domain, with the nearest residence being 285 metres away from the proposed event area. Dwellings immediately north and south of the site are 100 metres and 165 metres away from the area respectively. East of Maudsland Road is a small pocket of sites within the Emerging Communities Domain.


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Figure 4: Aerial Photograph of Subject Site and Surrounding Environment

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:


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the State planning regulatory provisions The proposed development is considered to comply with the South East Queensland Regional Plan. The site is located outside the Urban Footprint.

the regional plan for a designated region N/A State planning policies (unless appropriately reflected in any relevant regional plan or planning scheme)

Refer below

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 below the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure Charges are applicable for this development application

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

• the common material The common material has been regarded through the assessment

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

N/A

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

Pursuant to the draft City Plan 2015, the subject site is included within the Rural Residential Landscape and Environment Precinct of the Rural Residential Zone. This zone is designated to provide “for residential development on large lots where local government infrastructure and services may not be provided on the basis that the intensity of residential development is generally dispersed”.

The subject application was lodged with Council on the 14 April 2015 and entered the decision making period on the 19 June 2015. The assessment of the application has been made against the current Planning Scheme, being the scheme inforce at the time of the decision making period commencing.


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Park Living Domain Place Code

Car Parking, Access and Transport Integration Constraint Code

N/A

The subject site is located in the Park Living Domain.

Pursuant to the Planning Scheme, the proposed land use is defined as Reception Room:

“Any premises used, or intended to be used, for the conduct of receptions or functions at which food or drink is served. This term does not include a Restaurant, Indoor Recreation, Tavern, Resort Hotel or Cafe.”

This triggers Impact Assessment pursuant to Table of Development ‘A’ (Material Change of Use).

The intent statement for the Park Living Domain reads:

“The purpose of this domain is to provide a variety of opportunities for low density residential activity within areas of semi-rural landscapes, and to maintain and enhance a parkland living environment as a transitional area between the urban parts of the City and the rural and natural landscapes of the hinterland. Key objectives include:

• Ensuring that the park living areas of the City are developed and maintained to retain high amenity for residential activity on large lots, while preserving the landscape character and important topographical features of these parts of the City;

• Conserving nature conservation values within the domain; • Promoting the conservation of wildlife habitat; • Protecting park living areas from encroachment by urban activity, including commercial

uses intended to service urban populations; • Encouraging appropriate productive land uses such as farm forestry; and • Providing for reticulated water supply, electricity and telecommunications services to all

residential lots created in this domain.” Officer’s Comments The proposed use is considered to comply with the Intent of the Park Living Domain as it:

• Does not involve a use that would otherwise threaten to create the urban encroachment that the intent statement seeks to avoid (i.e. the development does not involve a commercial use such as a shop that is designed to cater for urban populations);

• Has demonstrated through the endorsed acoustic report, that the high level of residential amenity will not be adversely impacted upon as:

o The noise created from amplified music (from 6:00pm onwards) and noise from the starting, manoeuvring and closing of vehicles is expected to be below measured background levels at noise sensitive receptors; and

o The functions will be regulated through conditions of approval that relate to acoustic enclosures around generators, hours of operation, hours of amplified music, and decibels permitted by the amplified music, while also limiting the number of patrons, staff, and events held per year;


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• Preserves and protects the conservation values and topographical features of the Park Living Domain as it does not facilitate the removal of significant vegetation nor does it involve any earthworks or permanent structures; and

• The Applicant does not intend to operate functions from the site on a regular or frequent basis; rather, they seek to limit the use to 15 events per calendar year. This infrequent nature of the proposal is considered to have a limited impact on the character and amenity of the domain; therefore providing grounds to support the proposal.

The proposed Reception Room (Wedding Reception Venue) is an unlisted land use within Table of Development ‘A’ of the Park Living Domain Place Code. As outlined within the previous section of this report, the proposed development satisfies the Intent of the Parking Living Domain. Nevertheless, due to the nature of the properly made submissions received, Council officers have undertaken an assessment against the higher order provisions of the Gold Coast Planning Scheme 2003 to determine compliance.

Part 2, Division 1, Chapter 1 – Introduction to the Desired Environmental Outcomes identifies the role of Desired Environmental Outcomes. Specifically, this section states:

“The Desired Environmental Outcomes (DEOs) are the core of the Planning Scheme. They provide the fundamental context for the Planning Strategies that follow in Part 3, and subsequently, for the development assessment codes and other measures contained in the remaining parts of the Planning Scheme. They therefore provide a primary focus or direction for the entire Planning Scheme.

They are expressed in terms of broad policy outcomes which seek to achieve ecological sustainability for the City as a whole.”

Council officers consider that the proposal will not compromise the achievement of the DEOs within the Planning Scheme. Below is a discussion on the DEOs that are particularly relevant to this application:

“The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, industrial and extractive industry activities.”Explanation

“Gold Coast City's competitive strengths are strongly linked to its attractive lifestyle attributes. Residential amenity translates to good quality of life. In a context of competing activities and rapid urban growth, it is important that these lifestyle values are identified and considered in land use and development decision making.

The Planning Scheme is able to provide considerable influence in this regard. Initially, it is able to position the various land uses so as to separate conflicting activities, through the Land Use Themes, domains and LAP provisions. It is then able, through the application of the various codes for assessing development proposals, to further minimise potential conflicts through controls on construction activity, the design and layout of the development and the nature of its operations.”


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Planning Objective to support DEO Soc.5

Soc.5.1 to ensure that land uses that have the potential to conflict with residential amenity are adequately separated and/or buffered from residential areas.

Soc.5.2 to ensure that the design and layout of development minimises any potential for activities to adversely impact upon the amenity of nearby residential premises.

Soc.5.3 to control, where possible, the nature of construction activity and the ongoing operational aspects of development to levels that are appropriate for a reasonable standard of amenity in nearby residential premises.

Officer’s comments

The proposed reception area is situated centrally to the site, enabling the development to be buffered both visually and acoustically from the surrounding residential development. The marquee area will be over 100 metres away from each of the nearby dwellings, allowing compliant acoustic levels to be achieved from each sensitive receptor. Further, the potential impacts will be stringently conditioned through limited operational hours and controls on amplified music, the restricted frequency and intensity of the use, and ensuring the acoustic design is in accordance with the endorsed acoustic report. The suite of conditions included within the officer’s recommendations will ensure that the development does not adversely impact upon the amenity of nearby premises.

It is therefore considered that the proposed development satisfies DEO Soc.5.

The proposal complies with all of the Place Code’s Acceptable Solutions and Performance Criteria, except as follows:

PC12 - Amenity Protection

The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of:

a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.

AS12

No acceptable solution provided.

AS12 of the Park Living Domain Place Code does not offer an Acceptable Solution however it is considered that the application offers an alternative solution to PC12, which states:


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“The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of:

a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.” The proposed development is considered to satisfy PC12 of the Park Living Domain Place Code as:

• The development application was accompanied by an acoustic report that demonstrates that distance attenuation and barrier attenuation will result in the predicted noise from amplified/live music to be below measured background levels at noise sensitive receptors, such as the surrounding dwellings;

• The noise created from amplified music is predicted to be 93dB(A) at one (1) metre from the speakers, which has been calculated to be below measured background levels at noise sensitive places;

• Amplified music is to be restricted between 6:00pm and 10:00pm to 93dB(A) and 85dB(A) at one (1) metre from the speakers respectively;

• Acoustics will be further managed with conditions requiring acoustic barriers around generators, restricting the hours and decibels of amplified music, and restricting the number of patrons permitted to attend events and the number of events held each year;

• Hours of operation will be conditioned within the officer’s recommendation restricting the operations to Friday and Saturday nights with amplified music required to cease at 12:00am and proceedings required to cease at 1:00am. This is considered appropriate as these are the only nights of the week that are not followed by typical working days. Further, it is noted that the use is restricted to 15 events per year and therefore will not provide a continuous impact;

• The proposed location for the temporary marquee is significantly setback from the subject site’s boundaries so that the development does not detract from the privacy and visual amenity for the surrounding dwellings;

• Predicted noise from the starting, manoeuvring and closing of vehicles is expected to be below measured background levels at noise sensitive places; and

• Conditions will be imposed to ensure that lighting is positioned to prevent a nuisance to surrounding residents.

There is no relevant Specific Development Code applicable to this development application.


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The proposed development is required to demonstrate compliance with the applicable Acceptable Solutions and Performance Criteria of the following Constraint Codes:

• Car Parking, Access and Transport Integration Constraint Code The proposal complies with all of the constraint code’s Acceptable Solutions and Performance Criteria, except as follows:

PC3 – Design of Car Parking Area and Car Park Space All car parking spaces must be constructed and line marked to the correct size and standard.

AS3.1All car parking spaces and facilities are constructed, sealed, line marked and maintained in accordance with the layout requirements of

.

AS3.2

Where the development includes a combination of low turnover and high turnover car spaces, the parking spaces and aisles are designed to the high turnover or Class 3 requirements in

.

AS3.1 of the Car Parking, Access and Transport Integration Constraint Code is as follows:

“All car parking spaces and facilities are constructed, sealed, line marked and maintained in accordance with the layout requirements of AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles.”

The Applicant proposes a gravel car parking area, whereby compliance with AS3.1 is not achieved because the car park is not proposed to be sealed. As such, the development fails to achieve PC3, which states: “All car parking spaces must be constructed and line marked to the correct size and standard.” Despite the conflict with PC3, Transport Assessment are satisfied with the proposed car parking outcome as the use will only operate up to 15 times per year. Given the rural nature of the site and the frequency of use, Transport Assessment is willing to accept a gravel seal as proposed. Furthermore, the proposed car parking spaces are larger than that required by AS2890.1-2004 Parking Facilities Part 1: Off Street Car Parking, denoting that the car parking area will acceptably accommodate for the patrons of the site.

There are no State planning policies applicable for this application.

There are no State planning regulatory provisions applicable for this application.


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The subject site is located outside of the Urban Footprint. The development application was assessed against the provisions of the South East Queensland Regional Plan 2009-2031 (SEQ Regional Plan), where the proposal is considered to comply with the plan’s objectives. There are no State planning regulatory provisions within Part ‘F’ of the SEQ Regional Plan that require referral agency assessment or prohibit this development from being undertaken outside of the Urban Footprint.

The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 20 April 2015.

Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

Engineering Services

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:

Health and Regulatory Services was referred a copy of the development application to provide comments/conditions. After providing an item for Council’s information request, Council’s Health and Regulatory Services department have assessed the application and provided a memorandum that outlined the following:

“Predicted noise from amplified/live music at 93 dB(A) at one metre from speakers has been calculated to be below measured background levels at noise sensitive places. The acoustic consultant has recommended a maximum of 85 dB(A) at one metre from speakers after 10pm until 12am with all music to cease at this time.

Predicted noise from car starts/movements, car closures, deliveries and 100 patrons is expected to be below measured background levels.

Predicted noise from truck movements, set-up and removal of temporary structures is likely to be audible at noise sensitive places. However, this noise source is unlikely to cause sleep disturbance as these activities will be conducted throughout the day-time periods only.

The acoustic consultant has recommended a maximum sound power level of 90 dB (A) for any temporary plant/equipment brought onto the site.”

Therefore, Council’s Health and Regulatory Services department has determined that the proposed development is satisfactory, subject to reasonable and relevant conditions, specific to the acoustics, operating hours, limiting the frequency of the use and lighting.


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Transport Assessment was referred a copy of the development application to provide comments/conditions. After providing a number of items for Council’s information request, Council’s Transport Assessment department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions, specific to car parking provisions, maximum number of staff and patrons, the nature of the car parking area and restrictions regarding loading and unloading.

Environmental Assessment was referred a copy of the development application to provide comments/conditions. After providing an item for Council’s information request, Council’s Environmental Assessment department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions, specific to the management of trees and the river bed.

Hydraulics and Water Quality was referred a copy of the development application to provide comments/conditions. Council’s Hydraulics and Water Quality department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions, specific to the site’s hydraulic condition and flood safety measures.

There are no Concurrence agencies triggered by this development application.

There are no Advice agencies triggered by this development application.

Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which will be attached to the decision notice.

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 advertising, two (2) properly made submissions were received. The main points of objection are listed, followed by the officer’s comment.


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AcousticsExample: “The sound travels across the river and up the hill and is even louder than ground level increasing as it travels.”

Council’s Health and Regulatory Services are satisfied that the proposed development can achieve the necessary acoustic requirements. Acoustic levels emitted from the development will comply at the nearest sensitive uses and will therefore be even quieter at sources further away due to distance attenuation and barrier attenuation. As discussed in detail throughout the report above, the officer’s recommendation will include conditions requiring acoustic barriers around generators, restrictions to the hours of operation and amplified music, and restricting the number of patrons permitted to attend events and the number of events held each year. Further, as the use is operating on an infrequent basis, it is unlikely to cause an ongoing nuisance to the surrounding area.

Residential amenity Example: “The river bank is also our quiet camping and drinks by the fire in the peaceful natural surrounds.”

Further to the points outlined above within ‘Acoustics’, the proposed intermittent and low-scale development includes only a temporary marquee that is significantly setback from the property’s boundaries so that the development does not detract from the privacy and visual amenity for the surrounding dwellings. The separation from the proposed use area is extremely well screened from the surrounding residents due to the location of mature vegetation, existing structures, the surrounding topography and the separation created by the Coomera River.

Traffic impacts Example: “The inadequacy of the road which is disintegrating with increased traffic. Our street has not be curbed or surfaced to cater for ongoing increased traffic.”

The proposed development involves a low-scale and intermittent use that will have a negligible impact on the road network.

Inappropriate land use Example: “We feel that if this wedding venue goes ahead, it will have a detrimental effect on the value of our property. We will no longer have a quiet rural area suitable for keeping horses which is what all the properties in the street have been developed for.”

The proposed use is considered to comply with the Intent of the Park Living Domain as the Applicant has comprehensively demonstrated that the high level of residential amenity will not be adversely impacted upon. The decibel levels emitted by the proposed use are considered appropriate for the amenity of the area and will be stringently conditioned within the officer’s recommendation. The development is considerate to the topographical features, the conservation values and the sensitive landscape sought within the Park Living Domain Intent statement as the development does not involve the


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removal of significant vegetation nor does it entail the construction of permanent structures or earthworks. This intermittent, low-key use enables patrons to enjoy the natural landscape of the hinterland without compromising the parkland living environment or the residential amenity of the surrounding properties. Further, the Assessing Officer considers that the concerns regarding the use and its appropriateness on the subject site will be adequately mitigated through conditions of approval designed to ensure the development reflects its infrequent and subdued nature.

Not applicable.

Council is in receipt of a Material Change of Use (Impact Assessment) application for a Reception Room (Wedding Reception Venue) on the subject site located at 27 Equestrian Drive, Maudsland and is properly described as Lot 9 on RP211828. The subject site is located within the Park Living Domain. Pursuant to the Planning Scheme, the proposed land use of ‘Reception Room’ is unlisted within Table ‘A’ of the Table of Development; therefore triggering Impact Assessment.

The proposed development has been assessed against the relevant Performance Criteria and Acceptable Solutions listed with the Park Living Domain and the applicable Constraint Codes, where alternate solutions for Amenity Protection, and the Design of Car Parking Areas and Car Park Spaces were considered appropriate.

The proposal received two (2) properly made submissions and three (3) not properly made submissions. The main points of objection relate to the land use proposed, potential impacts on residential amenity, expected traffic levels and acoustic levels. As discussed in detail throughout this report, these concerns are considered to have been adequately addressed by the proposed development and will be stringently conditioned through the officer’s recommendation.

Following the detailed assessment of this proposal, it is recommended that the application be approved subject to reasonable and relevant conditions.


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

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

Lot 9 on RP21182827 Equestrian Drive, Maudsland 30,160m2

Development Permit for Material Change of Use for Reception Room (Wedding Reception Venue) Operational Work (Vegetation Works) NoneNone

A Council approves the issue of a Development Permit for Material Change of Use for Reception Room (Wedding Reception Venue), subject to the following conditions:


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1

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

1 of 1 C SITE PLAN AUGUST 2015 MCLYNSKEY PLANNERS PTY LTD

Information note: A change to the approved work will be taken to be generally in accordance with the approved plans/drawings for the purpose of this condition if: • the approved work is of a type specified in Attachment 1 – Acceptable Tolerances;

and• the change is within the acceptable tolerances specified for that type of work in

Attachment 1 – Acceptable Tolerances; and • the change does not cause the development to contravene any other conditions of

this approval or conditions of any related material change of use or reconfiguring a lot approval.

If the change is not within the acceptable tolerances in Attachment 1 – Acceptable Tolerances but the Applicant is of the view that the change is generally in accordance with the approved plans/drawings, the Applicant can submit a Generally in Accordance with Request to Council, for Council’s assessment.

2

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.

As indicated within the wording of the condition.

3

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.

At all times.

4

The Applicant must give Council written notice of the following:

Application number; aSite address; bName and telephone number (work and after hours) of cthe a suitable contact person to arrange a site inspection;

At least 10 business days prior to the commencement of the approved use on the site.


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The estimated commencement date for the use. dThe notification is to be sent to Council’s Development Compliance Team Leader (fax: 07 5596 8080; phone: 07 5582 8184). 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 www.goldcoast.qld.gov.au/forms (Building & Development).

5

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

The Applicant must submit the certification prior to the earliest of complianceassessment of the subdivision plan, the commencement of the ‘On Maintenance’ period or the commencement of the use.

6

Structures utilised by this approved use are to only be temporary in nature and must be removed after each event.

At all times.

7

Portable toilets are to be utilised by the patrons and staff of the events and are to be positioned within 25 metres of the function area. The portable toilets are not to be located west of reception area.

At all times during events

8

No more than 5 staff and 100 patrons may be present on the site at any one time.

At all times.

9

Off-street car parking facilities must be designed, aconstructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in general accordance with AS2890.1 (latest version).

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


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Off-street facilities for car parking must only be used for bvehicle parking. A minimum combined total of 40 off-street car parking cspaces must be provided for on-site for patrons.

d Off-street car parking facilities must be drained.

10

All car parking must be accessible, not subject to aregulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no bgateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.

c Staff and visitor parking must be clearly identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

11

All loading and unloading activities must occur outside aof the reception room operating hours. Loading and unloading of a vehicle servicing a bdevelopment must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded cmust stand entirely within the site.

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

At all times.

12

A temporary barrier must be placed on the site to prevent patrons from passing the visitor car parking spaces, in accordance with the stamped approved plans.

At all times during events.

13

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

No increase in peak flow rates downstream from the asite; No increase in flood levels external to the site; and b

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

At all times.


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14

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.

At all times.

15

The Applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard within the site (adjacent to the reception area). The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

The flood markers and warning signs must be installed prior to the commencement of the use of the premises.

16

The activity is permitted to be undertaken between the hours of 12:00pm and 1:00am Fridays and Saturdays.

At all times.

17

Only for a maximum of 100 patrons for a maximum of a15 wedding events each calendar year. The use of the site as a Reception Room is not permitted outside of these parameters; and A ledger is to be kept on-site at all times and is to binclude the following:

Date of events; iNumber of patrons; and ii Duration of events. iii

c The ledger must be made available to Council on request.

At all times.

18

The development must be designed, constructed and operated in accordance with the recommendations outlined in the acoustic report prepared by JT Environmental P/L dated March 2015 (Reference No. JT1514). Any alteration to the design, construction or operation of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

Prior to operation.

19

Noise absorbent screens shall be constructed around generators so as to reduce noise nuisance.

Prior to operation.


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20

Amplified music and entertainment is permitted in the areception area between the hours of 12:00PM and 12:00AM only;Amplified music and entertainment are not to occur bbeyond 6:00PM without the emission level from the speakers being reduced to 93dB(A) L10 when measured one (1) metre from the speakers; and

c Amplified music and entertainment are not to occur beyond 10:00PM without the emission level from the speakers being reduced to 85dB(A) L10 when measured one (1) metre from the speakers.

At all times.

21

All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause:

Glare or other nuisance to surrounding residents and amotorists;

b A navigation hazard on any nearby or adjacent waterway.

At all times.

22

All entertainment, speakers, tables, seating, and lighting that caters for the congregation of patrons and staff must be provided within the function area, in accordance with the stamped approved plans.

At all times.

23

Goods delivery, reception venue set-up and removal activities must be conducted between the hours of 7:00AM to 6:00PM only.

At all times.

24

The Applicant must ensure that signage reading “No public access beyond this point” is clearly erected along the 18 metre contour, in accordance with the approved plans, prior to all wedding reception events held at the site.

Prior to the commencement of the use.

25

The Applicant must ensure: The existing trees on site are to be managed during aconstruction 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

At all times.


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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 ivzone;

v Long-term harm to the health of the tree.

26

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. decision notice or letter of approval)):

The approved MCU / ROL layout plan. aThe approved bushfire management plan. bPlans clearly identifying which vegetation is proposed cto be removed and which vegetation is proposed to be retained.

For this condition ‘ ’ is defined as vegetation that is:

− equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or

- equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

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

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


330Adopted Report

The operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval. A Trade Waste Approval is required for the discharge of trade waste to the sewer. The Applicant shall ensure that all discharges are in accordance with Gold Coast Water liquid waste requirements. Further information may be obtained from Gold Coast Water on 1300 000 928. The operation shall comply with the ‘Work Health and Safety Act 2011’. Further information on workplace health and safety laws is available at www.worksafe.qld.gov.au or by calling the WHS Infoline on 1300 369 915.

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.

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

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.

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


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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 ofenvironmental 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;



The Aboriginal Cultural Heritage Act 2003 (‘ ’) 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.

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].


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

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

Author: Authorised by:Hoagy Moscrop-Allison Dyan Currie Planning Officer Director Planning and Environment August 2015


333Adopted Report

ITEM 3 (CONTINUED)DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RECEPTION ROOM (WEDDING RECEPTION VENUE) - 27 EQUESTRIAN DRIVE, MAUDSLAND – DIVISION 5PN153062/01/DA2

Committee Recommendation Adopted At Council 11 September 2015

COMMITTEE RECOMMENDATION CP15.0909.003moved Cr Owen-Jones seconded Cr BettsThat Council resolves as follows:

Real property description Lot 9 on RP211828 Address of property 27 Equestrian Drive, MaudslandArea of property 30,160m2

Decision type Development Permit for Material Change of Use for Reception Room (Wedding Reception Venue)

Further development permits Operational Work (Vegetation Works)Further compliance permits NoneCompliance assessment required for documents or works

None

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for Reception Room (Wedding Reception Venue), subject to the following conditions:

APPROVED DRAWINGS

Development to be generally in accordance with specified plans/drawings as 1 amended in redThe development must be carried out generally in accordance with the approved plans/drawings listed below, as amended in red, stamped and returned to the Applicantwith this decision notice.

Sheet No. Rev. Title Date Prepared by1 of 1 C SITE PLAN AUGUST 2015 MCLYNSKEY PLANNERS

PTY LTDInformation note:A change to the approved work will be taken to be generally in accordance with the approved plans/drawings for the purpose of this condition if:

the approved work is of a type specified in Attachment 1 – Acceptable Tolerances; andthe change is within the acceptable tolerances specified for that type of work in Attachment 1 – Acceptable Tolerances; andthe change does not cause the development to contravene any other conditions of this approval or conditions of any related material change of use or reconfiguring a lot approval.

If the change is not within the acceptable tolerances in Attachment 1 – Acceptable Tolerances but the Applicant is of the view that the change is generally in accordance with the approved plans/drawings, the Applicant can submit a Generally in Accordance with Request to Council, for Council’s assessment.


334Adopted Report

ITEM 3 (CONTINUED)DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RECEPTION ROOM (WEDDING RECEPTION VENUE) - 27 EQUESTRIAN DRIVE, MAUDSLAND – DIVISION 5PN153062/01/DA22 Decision notice and approved plans/drawings to be

submitted with subsequent applicationA 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.

TimingAs indicated within the wording of the condition.

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

TimingAt all times.

4 Notice of commencementThe Applicant must give Council written notice of the following:

Application number;a Site address;b Name and telephone number (work and after hours) of cthe a suitable contact person to arrange a site inspection;The estimated commencement date for the use.d

The notification is to be sent to Council’s Development Compliance Team Leader (fax: 07 5596 8080; phone: 07 5582 8184). 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 www.goldcoast.qld.gov.au/forms (Building & Development).

TimingAt least 10 business days prior to the commencement of the approved use on the site.

WORKS - COMPLIANCE

Certification of compliance5 All works must be certified by a suitably qualified professional as complying with the approved plans.For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years’ experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

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


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BUILT FORM

6 Nature of structures Structures utilised by this approved use are to only be temporary in nature and must be removed after each event.

TimingAt all times.

7 Portable toiletsPortable toilets are to be utilised by the patrons and staff of the events and are to be positioned within 25 metres of the function area. The portable toilets are not to be located westof reception area.

TimingAt all times during events

CAR PARKING AND ACCESS

8 Maximum staff and patron numbersNo more than 5 staff and 100 patrons may be present on the site at any one time.

TimingAt all times.

9 Off street car parking facilitiesOff-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in general accordance with AS2890.1 (latest version).Off-street facilities for car parking must only be used for b vehicle parking.A minimum combined total of 40 off-street car parking cspaces must be provided for on-site for patrons.

d Off-street car parking facilities must be drained.

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

10 Freely accessible visitor car parkingAll car parking must be accessible, not subject to a regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site.Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.

c Staff and visitor parking must be clearly identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

11 Loading and unloadingAll loading and unloading activities must occur outside a of the reception room operating hours.Loading and unloading of a vehicle servicing a b development must be conducted wholly within the site.A vehicle or vehicles waiting to be loaded or unloaded c

TimingAt all times.


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must stand entirely within the site.d All vehicles must enter and exit the site in a forward

gear. 12 Temporary vehicular barrier

A temporary barrier must be placed on the site to prevent patrons from passing the visitor car parking spaces, in accordance with the stamped approved plans.

TimingAt all times during events.

HYDRAULICS AND STORMWATER MANAGEMENT

13 No worsening of hydraulic conditionsThe 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; andb

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

TimingAt all times.

14 Alteration of overland flow pathsOverland 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.

TimingAt all times.

15 Flood hazard signageThe Applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard within the site (adjacent to the reception area). The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

TimingThe flood markers and warning signs must be installed prior to the commencement of the use of the premises.

AMENITY

16 Hours of operationThe activity is permitted to be undertaken between the hours of 12:00pm and 1:00am Fridays and Saturdays.

TimingAt all times.

17 Scale of eventsOnly for a maximum of 100 patrons for a maximum of a 15 wedding events each calendar year. The use of the site as a Reception Room is not permitted outside of these parameters; and A ledger is to be kept on-site at all times and is to b include the following:

Date of events;i Number of patrons; andiiDuration of events.iii

c The ledger must be made available to Council on request.

TimingAt all times.


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ITEM 3 (CONTINUED)DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RECEPTION ROOM (WEDDING RECEPTION VENUE) - 27 EQUESTRIAN DRIVE, MAUDSLAND – DIVISION 5PN153062/01/DA218 Acoustic design and construction

The development must be designed, constructed and operated in accordance with the recommendations outlined in the acoustic report prepared by JT Environmental P/L dated March 2015 (Reference No. JT1514).Any alteration to the design, construction or operation of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

TimingPrior to operation.

19 Acoustic enclosuresNoise absorbent screens shall be constructed around generators so as to reduce noise nuisance.

TimingPrior to operation.

20 Amplified musicAmplified music and entertainment is permitted in the a reception area between the hours of 12:00pm and 12:00am only; Amplified music and entertainment are not to occur b beyond 6:00PM without the emission level from the speakers being reduced to 93dB(A) L10 when measured one (1) metre from the speakers; and

c Amplified music and entertainment are not to occur beyond 10:00PM without the emission level from the speakers being reduced to 85dB(A) L10 when measured one (1) metre from the speakers.

TimingAt all times.

21 No nuisance from lightingAll lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause:

Glare or other nuisance to surrounding residents and a motorists;

b A navigation hazard on any nearby or adjacent waterway.

TimingAt all times.

22 Location of entertainmentAll entertainment, speakers, tables, seating, and lighting that caters for the congregation of patrons and staff must be provided within the function area, in accordance with the stamped approved plans.

TimingAt all times.

23 Goods delivery and construction hoursGoods delivery, reception venue set-up and removal activities must be conducted between the hours of 7:00am to 6:00pm only.

TimingAt all times.


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VEGETATION MANAGEMENT

24 Use of signage during all wedding reception eventsThe Applicant must ensure that signage reading “No public access beyond this point” is clearly erected along the 18 metre contour, in accordance with the approved plans, prior to all wedding reception events held at the site.

TimingPrior to the commencement of the use.

25 Management of retained treesThe Applicant must ensure:

The existing trees on site are to be managed during a 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 iiany vehicles;Filling of soil within the Tree Protection Zone iii(TPZ) and/or drip zone; Storage of any building materials within the drip ivzone;

v Long-term harm to the health of the tree.

TimingAt all times.

26 Vegetation works OPW application requiredThis approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (i.e. 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 cto be removed and which vegetation is proposed to be retained.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or

- equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East

TimingPrior to the commencement of any operational works for vegetation clearing.


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Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

STANDARD NOTIFICATIONS

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

ADVISORY NOTES TO APPLICANT

B Health and Regulatory Services Advice NoteThe operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval.A Trade Waste Approval is required for the discharge of trade waste to the sewer. The Applicant shall ensure that all discharges are in accordance with Gold Coast Waterliquid waste requirements. Further information may be obtained from Gold Coast Water on 1300 000 928.The operation shall comply with the ‘Work Health and Safety Act 2011’. Further information on workplace health and safety laws is available at www.worksafe.qld.gov.au or by calling the WHS Infoline on 1300 369 915.

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

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

E Rights of appealThe 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.


340Adopted Report

ITEM 3 (CONTINUED)DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RECEPTION ROOM (WEDDING RECEPTION VENUE) - 27 EQUESTRIAN DRIVE, MAUDSLAND – DIVISION 5PN153062/01/DA2F 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


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;



G Indigenous cultural heritage legislation and duty of care requirementThe 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; andd 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.


341Adopted Report

ITEM 3 (CONTINUED)DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RECEPTION ROOM (WEDDING RECEPTION VENUE) - 27 EQUESTRIAN DRIVE, MAUDSLAND – DIVISION 5PN153062/01/DA2H 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].

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

J Obligation to ensure electrical safetyUnder the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines.Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline.Information note:An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office.For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

K Water restrictions to be complied withAll persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments.Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

CARRIED

Cr Robbins voted in the negative.

ADOPTED AT COUNCIL 11 SEPTEMBER 2015RESOLUTION G15.0911.019 moved Cr Caldwell seconded Cr Owen-Jones

That Committee Recommendation CP15.0909.003 be adopted as printed in the City Planning Committee Report.

CARRIED


342Adopted Report

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346Adopted Report

Attachment 3.4 (page 1 of 5 pages)

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347Adopted Report

Charge Calculation

Qty Rate Gross Charge Amount Assembly 200 sq m Gross Floor

Area @ $38.85 $7,770.00

$7,770.00

Qty Rate Gross Charge Amount Impervious Area 0.1766 Hectares @ $100,000.00 $17,660.00 $17,660.00

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

$25,430.00 $.00 $25,430.00

Office Use Only $25,430.00 OTHINF

$25,430.00


348Adopted Report


349Adopted Report


350Adopted Report

705 city planning committee meeting 9 … · sk15-2 h suite 202, the wave 89-91 surf parade,...

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