extract of adopted report 507 of the sustainable city ...€¦ · gold coast airport overlay maps...

507th Council Meeting 8 December 2008 109 Sustainable City Future Committee Meeting 2 December 2008 Adopted Report

ITEM 2 PLANNING ENVIRONMENT & TRANSPORT COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) Refer 40 page attachment 1 BASIS FOR CONFIDENTIALITY Not applicable. 2 EXECUTIVE SUMMARY Not applicable. 3 PURPOSE OF REPORT The purpose of this report is to set a commencement date for Amendment Packages 2 and 3 to the Gold Coast Planning Scheme 2003 and to inform Council that the Minister for Infrastructure & Planning has advised that Council may adopt the Oxenford Local Area Plan (LAP). It is recommended that the Oxenford LAP be adopted and commence with Amendment Packages 2 and 3. The report also recommends Council endorse minor amendments to the planning scheme in accordance with the Integrated Planning Act 1997 (IPA) and that these minor amendments also commence with Amendment Packages 2 and 3 and the Oxenford LAP. The minor amendments relate to Planning Scheme Policy 3A and 3B (Water Supply and Sewerage Supply Network Developer Contributions respectively). 4 PREVIOUS RESOLUTIONS Council at its meeting of 23 July 2007 (G07.0723.008) resolved to adopt the following recommendation of the Strategic Growth Management Committee of 10 July 2007 (SG07.0710.002);

1 That Council adopt Gold Coast Planning Scheme 2003, Amendment No. 2.

2 That a further report be brought forward to Council recommending a commencement date for Gold Coast Planning Scheme 2003, Amendment Number 2 and Amendment Number 3.

3 That Council authorise the Chief Executive Officer to apply the contents of Amendment 2 in the assessment of development applications.

Council at its meeting of 11 December 2006 (G06.1211.010) resolved to adopt the following recommendation of the Strategic Growth Management Committee of 28 November 2006 (SG06.1128.003);

1 That Council adopt Gold Coast Planning Scheme 2003, Amendment No. 3

2 That a further report be brought forward to Council recommending a commencement date for Gold Coast Planning Scheme 2003, Amendment No.3 that is aligned with the commencement date of Gold Coast Planning Scheme 2003, Amendment No.2.

3 That Council authorises the Chief Executive Officer to apply the contents of Amendment 3 in the assessment of development applications.


ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) Council at its meeting of 4 August 2008 (Minute No. G08.0804.008) resolved to adopt the following recommendation of the Sustainable City Future Committee meeting of 29 July 2008 (Minute No. SC08.0729.002);

1 That the Gold Coast Planning Scheme 2003 Amendment – Oxenford Local Area Plan, endorsed by Council 6 August 2007 (G07.0806.014), is not considered to be ‘significantly different’ from the publicly notified version.

2 That the document titled, ‘Gold Coast Planning Scheme 2003 Amendment – Oxenford Local Area Plan - Statement of Opinion’ (dated 4 July 2008), is the endorsed opinion of Gold Coast City Council and a copy shall be provided to the Minister for Infrastructure & Planning to assist in the second State interest check.

5 DISCUSSION Oxenford LAP In correspondence dated 20 October 2008, the Minister for Infrastructure and Planning, in accordance with section 18(4)(a) of Schedule 1 of the IPA, advised that Council may adopt the Oxenford LAP for inclusion in the Gold Coast Planning Scheme 2003. Council officers recommend that Council adopt the Oxenford LAP and that the Oxenford LAP commence with Amendment Packages 2 and 3. It is noted that the Oxenford LAP was historically part of Amendment Package 2. Minor Amendment Package No. 4 Gold Coast Planning Scheme 2003 Minor Amendment Package No. 4 includes ‘minor amendments’ as defined by Schedule 10 of the IPA (refer to Section 6 of this report). The following is a brief summary of the items in Minor Amendment Package No. 4, a full copy of which is attached to this report: Item 1 Consequential amendment to Planning Scheme Policies 3A & 3B in response to

Amendment Packages No. 1, 2 & 3

The following items within Amendment Package No. 1, and the consolidated amendment package (Amendments 2 and 3) trigger consequential amendments to existing factual business systems and GIS data of the Planning Scheme Policies 3A & 3B:

Amendment 1 – changes to Part 6 Division 2: Local Area Plans; Consolidated Amendment package - Item 61: Broadbeach Local Area Plan; Consolidated Amendment package - Item 62: Coolangatta Local Area Plan; and Consolidated Amendment package - Item 63: Amendment to Domain Map –

Darlington 43.


ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) Item 2 Changes to explanatory matters within Planning Scheme Policies 3A & 3B A minor amendment to explanatory matters within Planning Scheme Policies 3A & 3B is proposed to resolve concerns raised by stakeholders and avoid any further misinterpretation. Further details of the changes triggered are provided in the attached Minor Amendment Package (#23782008). Gold Coast Airport Overlay Maps Gold Coast Airport Limited (GCAL) have advised that Gold Coast Airport Overlay maps OM8a, OM8b, OM8c and OM8d (Minor Amendment 1, Item 3) require minor layering changes to align with GCAL mapping. It is recommended that the current Overlay Maps be amended to align with the requirements of the GCAL pursuant to the Airport Act 1996. Amendment Packages 2 and 3 Council officers confirm that all endorsed amendments from Amendment Packages 2 and 3, (plus Minor Amendments 1, 2, and 3) have now been successfully transferred into the next version of planning scheme. This includes the Broadbeach and Coolangatta LAPs. Given the size of the consolidated amendment package, it is proposed to commence Amendment Packages 2 and 3 with a consolidated reprint of the planning scheme. As a result of the quality assurance (QA) checks for Amendment Packages 2 and 3, a number of previously endorsed items from Amendment Package 1 were identified as being translated inaccurately into Version 1.1 of the planning scheme. These amendments sought to:

Replace ‘Telecommunications Facility’ with ‘Telecommunications Facility n.e.i.’ within all Tables of Development (TOD).

Include ‘Low Impact Telecommunications Facility’ in the Exempt Column of all LAPs. Amend Acceptable Solution 1 of the Rural, Park Living, Village, Detached Dwelling

and Emerging Communities Domains to state, “AS1 The building has a maximum of two storeys.”

Amend Acceptable Solution 1 of the Conservation Domain to state; “AS1 The building is a Class 1 and/or a Class 10 building and has a maximum of two storeys.”

Amend the Car Parking, Access and Transport Integration Constraint Code to include the word ‘or’ between AS7.1 and AS7.2.

Amend point (e) of the ‘Notes from Table AS14.1’ in the Flood Affected Areas Constraint Code to state ‘However, there should be sufficient space to accommodate the whole of the school population during a flood event.”

Include Lot 9 on RP903493 and Lot 14 on SP145312 in Table 4.1 – ‘Lands Designated for Community Infrastructure’ in Part 10; Division 4 of the planning scheme.

Replace PC18 to 21 of the Reconfiguring a Lot Specific Development Code with new PC18 to 21. A copy of the endorsed PC18 to 21 is attached, along with the current PC18 to 21 as they appear in V1.1 (January 2007) of the planning scheme.


ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) These items have previously been endorsed by the Minister and accordingly, need to be accurately stated in the planning scheme. It is proposed that these matters be resolved in the reprint of the planning scheme to support the commencement of Amendment Packages 2 and 3. Notwithstanding, Council is advised that these items have had effect since the commencement of Version 1.1 of the planning scheme. Additional Amendment Package 1 items have also been identified as not being reflected in the planning scheme, however their endorsement by either Council or the Minister cannot be confirmed. As such, no change to the current wording in the planning scheme is proposed. These items relate to the relationship between the planning scheme and the former Standard Building Regulation 1993 (now referred to as the Queensland Development Code). Council is also advised that approximately 4000+ properties were listed in Amendment Package 1 for mapping amendments, including changes to Domains and Overlay Mapping layers. Given the time past and the fact that the majority of these mapping amendments were in response to public or industry based submissions, it is unlikely that there exists any translation errors of consequence. Notwithstanding, requests by landowners may be forthcoming if they believe that a mapping omission has occurred. Council officers recommend Amendment Packages 2 and 3 commence on Monday 11 May 2009. This period allows for a complete reprint of the planning scheme document and takes into account annual leave and the closure of private printing firms during the holiday season. 6 STATUTORY MATTERS Statutory amendment process Schedule 1 of the Integrated Planning Act 1997 (IPA) details the process for making or amending Planning Schemes. Council officers confirm that all amendment items referred to within this report as being ‘endorsed’ have followed the correct process set out in Schedule 1 of the IPA. The proposed Gold Coast Planning Scheme 2003 Minor Amendment Package No. 4 has been prepared in accordance with the following sections of the Integrated Planning Act 1997 (IPA);

Schedule 1 - Process for making or amending Planning Schemes; Schedule 3 – Process for making or amending Planning Scheme Policies; and Schedule 10 – definition of ‘minor amendment’, stated as follows;

‘minor amendment, of a planning instrument, means an amendment correcting or changing—

(a) an explanatory matter about the instrument; or (b) the format or presentation of the instrument; or (c) a grammatical or mapping error in the instrument; or (d) a factual matter incorrectly stated in the instrument; or (e) redundant or outdated terms.’


ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) 7 CORPORATE/OPERATIONAL PLAN Strategic Priority 9 - City Assets

9.1.2 Assets are planned, created and managed to minimise whole of life costs and

maximise value (economic, social and environmental) to the city whilst maintaining their defined level of service and safety; and

Strategic Priority 13 – Land Use & Development Control

13.1.1 A robust framework for the management of new development.

13.1.2 An effective Planning Scheme and Local Laws which encourage ecologically

sustainable development.

13.1.3 Appropriate public infrastructure is supplied in a manner that ensures efficient use of resources.

8 COUNCIL POLICIES Not applicable. 9 DELEGATIONS Not applicable. 10 BUDGET/FUNDING Not applicable. 11 COORDINATION & CONSULTATION Gold Coast Water and Council’s Legal Services Branch have been consulted in relation to the proposed minor amendments to the Gold Coast Planning Scheme 2003. 12 TIMING Not applicable. 13 STAKEHOLDER IMPACTS Council officers will conduct training on the content of the consolidated amendment packages prior to their commencement. There will be some minor business system changes required in order to support the proposed minor amendment package no. 4 changes. These changes are currently being investigated and funds are available.


ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) 14 CONCLUSION The purpose of this report is to set a commencement date for Amendment Packages 2 and 3 to the Gold Coast Planning Scheme 2003 and to inform Council that the Minister for Infrastructure & Planning has advised that Council may adopt the Oxenford Local Area Plan (LAP). It is recommended that the Oxenford LAP be adopted and commence with Amendment Packages 2 and 3, and that the consolidated amendment package commence on Monday 11 May 2009. The report also recommends Council endorse minor amendments to the planning scheme in accordance with the Integrated Planning Act 1997 (IPA) and that these minor amendments also commence with Amendment Packages 2 and 3 and the Oxenford LAP. 15 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the contents of the report be noted.

2 That Council adopt Amendment Package 2, Oxenford Local Area Plan sub-package.

3 That Council authorise the Chief Executive Officer to apply the contents of Amendment Package 2, Oxenford Local Area Plan sub-package in the assessment of development applications.

4 That Council adopt Minor Amendment No. 4.

5 That Council endorse corrections to Gold Coast Airport Overlay Maps 8a, 8b, 8c and 8d as shown in previously endorsed Minor Amendment No. 1, Item 3.

6 That a new amended Planning Scheme (incorporating Amendment Packages 2 and 3, the Oxenford Local Area Plan sub-package and Minor Amendment No’s 1 to 4) be prepared for implementation on Monday 11 May 2009.

7 That the Director Planning, Environment & Transport forward a copy of this report to Logan City Council for their information and records.

Authors: Authorised by:

Brian Pearson Warren Rowe Strategic Planner - Planning Scheme Improvement Team

Director Planning Environment & Transport

27 October 2008

Joe Waugh

Team Leader Planning Scheme Improvement

20 November 2008

Kanan Saraiya

Senior Infrastructure Planning Officer 19 November 2008

507th Council Meeting 8 December 2008 115 Sustainable City Future Committee Meeting 2 December 2008 Adopted Report ITEM 2 (Continued) COMMENCEMENT OF AMENDMENT PACKAGES 2 AND 3 - ADOPTION OF THE OXENFORD LOCAL AREA PLAN - MINOR AMENDMENT PACKAGE NO. 4 PD98/837/20(P1); PD113/541/-(P1); PD302/591/-(P15) COMMITTEE RECOMMENDATION SC08.1202.002 moved Cr Shepherd seconded Cr Betts 1 That Council note the contents of the report. 2 That Council adopt Amendment Package 2, Oxenford Local Area Plan sub-

package. 3 That Council authorise the Chief Executive Officer to apply the contents of

Amendment Package 2, Oxenford Local Area Plan sub-package in the assessment of development applications.

4 That Council adopt Minor Amendment No. 4. 5 That Council endorse corrections to Gold Coast Airport Overlay Maps 8a, 8b, 8c

and 8d as shown in previously endorsed Minor Amendment No. 1, Item 3. 6 That a new amended Planning Scheme (incorporating Amendment Packages 2

and 3, the Oxenford Local Area Plan sub-package and Minor Amendment No’s 1 to 4) be prepared for implementation on Monday 11 May 2009.

7 That the Director Planning, Environment & Transport forward a copy of this report to Logan City Council for their information and records.

CARRIED


AAttttaacchhmmeenntt 22..11

Part 7, Division 2, Chapter 28 - Reconfiguring a lot specific development code – ENDORSED AMENDMENT 1 PROVISIONS TO BE INCLUDED IN V1.2 OF THE GOLD COAST PLANNING SCHEME 2003 The following amendments to the Reconfiguring a Lot Specific Development Code were endorsed in Planning Scheme Amendment Package No. 1; Delete PC18 to PC20 and replace with the following: OPEN SPACE, HABITAT AND LANDSCAPE PROTECTION

PC18 A public open space network must be provided which:

a) provides or incorporates a range of recreation settings and can accommodate adequate facilities to meet the needs of the community;

b) provides well distributed public open space that contribute to the legibility, accessibility and character of the development;

c) creates attractive urban environment settings and focal points;

d) establishes a clear relationship between public open space and adjoining land uses;

e) facilitates appropriate measures for stormwater and flood management and care of valuable environmental resources;

f) enables the retention of significant vegetation, wetlands, waterways, and other habitat areas, their associated buffer and linkages/corridors and natural and cultural features; and

g) is cost effective to maintain.

AS18.1.1 Public open space is provided in accordance with Planning Scheme Policy 16 – Infrastructure Recreational Facilities Network Development Contributions. OR AS18.1.2 Public open space is provided in accordance with an already approved open space strategy or development plan.

AS19.1 A park has direct road frontages of: a minimum of 75% of the total allotment boundary of the park to provide physical access and visibility; or a minimum of 15% of the total allotment boundary of the park, where the proposed park is required for conservation purposes; or a greater amount of the boundary of the park, where the proposed park is an extension of an existing park with limited road frontage.


AAttttaacchhmmeenntt 22..22 OPEN SPACE, HABITAT AND LANDSCAPE PROTECTION

PC19 The design and location of open space (parkland) must result in high quality parkland and open space areas which provide a range of safe and easily accessible, passive recreational opportunities for the community.

AS19.2 Recreational components within a dedicated open space are set back a minimum of 30 metres from the top of the bank of a waterway. AS19.3 Land intended for public open space complements existing adjacent and surrounding open space provision, and provides linkages to other open space areas. AS19.4 The design and location of open space areas, access ways and infrastructure provides for a safe recreational opportunity for the community. AS19.5 Open space is provided adjacent to waterways, with roads servicing the linear parkland and lots located on the opposite side of the road to the waterway.

PC20 Land intended for public open space must be of a physical standard and condition that permits use of the land for its intended purpose.

AS20.1 Areas of public open space are provided, exclusive of any land affected by unacceptable hazards such as contaminated land under the Contaminated Land Act 1991 or land subject to geotechnical hazard.

AS20.2 Adequate areas of public open space for recreation purposes are provided, exclusive of: land affect by stormwater or overland flow discharge from adjacent allotments; drainage reserves and detention basins which cannot be shown to safely and effectively contribute to the network of parks and open space areas; land subject to cut and fill, with a batter slope that exceeds a grade of more than 1 in 6; areas of land less than 15 metres wide, such as access and service easements; land required to serve primarily as a buffer to any existing development or major transport corridor; and easements. AS20.3 At least 10% of the total open space provision is exclusive of flood inundation of below the 1 in 100 ARI level (or Q100) or the highest recorded flood level, whichever is the greatest.


AAttttaacchhmmeenntt 22..33 OPEN SPACE, HABITAT AND LANDSCAPE PROTECTION

OPEN SPACE SAFETY AND DESIGN

PC21 Open space areas must be designed and managed to promote user safety.

AS21.1 Areas intended for use during times of darkness are lit in accordance with Council’s Land Development Guidelines. AS21.2 Landscaping is designed to minimise interference with sightlines. AS21.3 Casual surveillance is achieved through: The edge of parks and open space being overlooked by housing, commercial or other development as well as passing pedestrian and motor traffic that can provide effective informal surveillance.

AS21.4 Interpretive signage is provided to enable clear understanding of points of interest such as the location of public toilets, telephones, environmental or heritage features, routes and park activities where relevant. AS21.5.1 Fencing adjoining a park is to be 50% transparent (i.e swimming pool style or timber picket fencing) and any landscaping adjacent to the fence is to be designed to maximise the opportunity for casual surveillance from both sides of the fence. OR AS21.5.2 Fencing adjoining a park is to be no more than 1.2m in height.


AAttttaacchhmmeenntt 22..44 The following is an extract of the Reconfiguring a Lot Specific Development Code as it appears in Version 1.1 (Amended January 2007). It indicates PC18 to 21 as endorsed in Amendment 1 (now PC19 to 22) were not amended as required by Amendment 1.

RECREATION AND SPORTING PARKLAND PROVISION PC19 Recreation and Sporting parkland must be provided which:

a) Provides or incorporates a range of recreation settings and can accommodate adequate facilities to meet the needs of the community;

b) Is well distributed and contributes to the legibility, accessibility and character of the development;

c) Creates attractive urban environment settings and focal points;

d) Establishes a clear relationship with adjoining land uses;

e) Is cost effective to maintain.

AS19 Recreation and Sporting Parklands are designed in accordance with the Priority Infrastructure Plan. Recreation Facilities Design Guideline and approved Council Master Plans.

PC20 Land intended for recreational open space must be of a physical standard and condition that permits use of the land for recreational and sporting purposes.

AS20 Development must provide land for the recreational and sporting needs of the development that is not

a) Contaminated land or other potentially hazardous areas; or

b) Encumbered by an easement of any sort; or

c) Primarily a detention basin or water quality treatment device; or

d) A landscape, visual, odour or noise buffer; or

e) Retained in private tenure. PARKLAND SAFETY AND DESIGN PC21 The parkland must ensure opportunities for passive surveillance, access, and maintenance are maximised through the use of road frontage.

AS21.1 District Recreation and Sporting parks have major road frontage to a minimum of 75% of the park perimeter. AS21.2 Local parks have minor road frontage to a minimum of 75% of the park perimeter.

AMENITY PROTECTION PC22 Recreational open space areas must be designed and managed to promote user safety

A22 AS22.1.1 Fencing adjoining a park is to be 50% transparent (i.e. swimming pool style or timber picket fencing) and any landscaping adjacent to the fence is to be designed to maximise the opportunity for casual surveillance from both sides of the fence. OR AS22.1.2 Fencing adjoining a park is to be no more than 1.2m in height. AS22.2 Interpretive signage is provided to enable clear understanding of points of interest such as the location of public toilets, telephones, environmental or heritage features, routes and park activities where relevant.

extract of adopted report 507 of the sustainable city ...€¦ · gold coast airport overlay maps...

Documents