Adopted Minutes Council Meeting - City of Gold · PDF fileAdopted Minutes of the Council Meeting held Tuesday, 6 May 2014 at ... Rosies, Havafeed Community Relief, ... food marketplace,

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678

Adopted Minutes of the

Council Meeting held

Tuesday, 6 May 2014

at

1.00 pm

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

678 Council Meeting 2 6 May 2014 Adopted Minutes

INDEX

Adopted Minutes (678)

Council Meeting

6 May 2014

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Six Hundred and Seventy Seventh Meeting of the Council of the City of Gold Coast, held Friday, 4 April 2014 at 10.00 am.

4.2 The Special Council Meeting of the Council of the City of Gold Coast, held Tuesday, 1 April 2014 at 3.30pm.

4.3 The Special Council Meeting of the Council of the City of Gold Coast, held Wednesday, 2 April 2014 at 3pm.

4.4 The Special Council Meeting of the Council of the City of Gold Coast, held Thursday, 3 April 2014 at 10.30am.

4.5 The Special Council Meeting of the Council of the City of Gold Coast, held Friday, 2 May 2014 at 2pm.

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 Engineering Services 29 April 2014

9.2 Community & Cultural Development 29 April 2014

9.3 City Planning 30 April 2014

9.4 Water Services 30 April 2014

9.5 Governance, Administration & Finance 1 May 2014

9.6 Economic Development & Tourism 1 May 2014

9.7 Budget 5 May 2014

10 CONSIDERATION OF NOTICES OF MOTION


ITEM SUBJECT

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

12.1 Northern Gold Coast Netball Association Courts Irrigation

12.2 Barking Dog – Burleigh Waters

12.3 Lifting of 2 Hour Parking Zone Surrounding Griffith University

12.4 Termination of Lease – Discovery Park Tennis Club

13 GENERAL BUSINESS

13.1 Supply and Delivery Track Marking Paint to Ashmore Little Athletics Club

13.2 Hero Imagery For Draft City Plan 2015 Public Consultation Promotion

14 OTHER BUSINESS


ADOPTED AT COUNCIL RESOLUTION G14.0520.006 Moved Cr Grummitt Seconded Cr Tozer That the Minutes of the Six Hundred and Seventy Eighth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday, 6 May 2014 at 1.00 pm be confirmed.

CARRIED Minutes of the Six Hundred and Seventy Eighth Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday, 6 May 2014, at 1.00 pm. The Mayor, Cr T R Tate, welcomed Reverend Harry Reuss of Southport Anglican Church, to open the meeting in prayer. National Anthem 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W Owen-Jones Cr C M Caldwell Cr M J Grummitt Cr T C Gilmore Cr D M Crichlow Cr A J D Bell Cr R La Castra Cr G M Tozer Cr P A Taylor Cr J E Grew Cr G J Betts Cr D I McDonald Cr C L Robbins Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mrs C McCool Director Community Services Mr D Scott Director Economic Development & Major Projects Mr A Twine Director Engineering Services Mr P Heaton Director Gold Coast Water Mr G Potter Director Organisational Services Ms G Connolly Director Planning & Environment 1.1 APOLOGIES/LEAVE OF ABSENCE Nil


2 CONDOLENCES Cr Crichlow To The Beaumont Family On the passing of Veronica Beaumont RESOLUTION G14.0506.001 Moved Cr Crichlow Seconded Cr Bell That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow To The Van Sprang Family On the passing of Daphne Van Sprang RESOLUTION G14.0506.002 Moved Cr Crichlow Seconded Cr Bell That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow, Cr Bell To The D’Albora Family On the passing of Ron D’Albora RESOLUTION G14.0506.003 Moved Cr Crichlow Seconded Cr McDonald That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Gates, Cr Tate, Cr La Castra, Cr Crichlow, Cr Robbins, To The Prior Family On the passing of Ian Ross RESOLUTION G14.0506.004 Moved Cr Gates Seconded Cr La Castra That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED


3 MAYORAL MINUTE 3.1 OUTGOING DOCUMENTATION Councillors,

On Friday 2 May 2014, the local print media carried the story of a letter supposedly drafted by the Mayor that was distributed as part of an upcoming Council agenda. See the below article.

The agenda item appendix purported to show a letter that clearly misled Councillors and the wider community into thinking that it had been drafted and/or had the approval of the Mayor. In actual fact the draft was never sighted by the Mayor nor his office prior to its wider distribution to other Council officers, Councillors and eventually the community.

Ideally drafting such materials should be done in concert with the Office of the Mayor in the first instance and must have approval of the Mayor prior to any distribution, internally or externally. Any correspondence directed to the Mayor will be answered by the Mayor at his option, and welcome professional advices from officers and directorates on background and suggested responses.

This Mayoral Minute seeks to leave officers in no doubt of the process to follow, regardless of the source of the request to prepare such draft or final correspondence or materials.

Motion/recommendation:

That all draft and final materials, letters, forwards, content, correspondence and memos mentioning the Mayor, his image, signature, purported position or response to inward correspondence addressed to the Mayor, must be forwarded to the Office of the Mayor to ensure and coordinate Mayoral approval of such materials before wider distribution either internally within Council, media or external of Council.

RESOLUTION G14.0506.005 Moved Cr Tate That all draft outgoing materials, letters, forwards, content, correspondence and memos mentioning the Mayor, his image, signature, purported position or response to inward correspondence addressed to the Mayor, must be forwarded to the Office of the Mayor to ensure and coordinate Mayoral approval of such materials before wider distribution either internally within Council, media or external of Council.

CARRIED UNANIMOUSLY


4 CONFIRMATION OF MINUTES RESOLUTION G14.0506.006 Moved Cr Gates Seconded Cr Tozer That the Minutes of the Six Hundred and Seventy Seventh Ordinary Meeting of the Council of the City of Gold Coast held on Friday, 4 April 2014 at 10.00 am be confirmed.

CARRIED

RESOLUTION G14.0506.007 Moved Cr Crichlow Seconded Cr Gates That the Minutes of the Special Council Meeting of the Council of the City of Gold Coast held on Tuesday, 1 April 2014 at 3.30pm be confirmed.

CARRIED

RESOLUTION G14.0506.008 Moved Cr Tozer Seconded Cr Bell That the Minutes of the Special Council Meeting of the Council of the City of Gold Coast held on Wednesday, 2 April 2014 at 3.00pm be confirmed.

CARRIED

RESOLUTION G14.0506.009 Moved Cr Bell Seconded Cr Gates That the Minutes of the Special Council Meeting of the Council of the City of Gold Coast held on Thursday, 3 April 2014 at 10.30am be confirmed.

CARRIED

RESOLUTION G14.0506.010 Moved Cr Gates Seconded Cr Tozer That the Minutes of the Special Council Meeting of the Council of the City of Gold Coast held on Friday. 2 May 2014 at 2pm be confirmed.

CARRIED


5 MAYOR’S REPORT Fundraiser for 6 YO Tori Bowd Diagnosed with Sidroblastic Aneamia

When I heard the story about Tori, I was very keen to be involved in this event.

It was great to see Eagle Boys embrace the Bowd family.

And I welcome their efforts to team up to do whatever they can to raise money to help the family.

The Mayoress was also taken with this story and contributed to the cause from the Mayoress Charity Fund.

The Bowd family is an inspiration to us all, particularly their strength and endurance throughout this ordeal.

I wish the family all the best and hope the fundraising achieved today by Eagle Boys, and the generosity of the community, that their lives will get easier.

Mayoress Charity Foundation Gala Ball

Cr Gates, Cr Owen-Jones, Cr Caldwell, Cr Crichlow, Cr Bell attended.

Over 900 attended, raising over $150,000 for local charities

These charities are: YHES House Southport, Rosies, Havafeed Community Relief, Oz Harvest and Surfers Paradise Anglican Crisis Care Centre

Alfa Romeo Owners Club National Rally 'Alfesta' Show and Shine

I welcome local and national guests to the Gold Coast for the Alfa Romeo Owners Club National Rally

I understand approximately 98 guests and about 50 cars will be present for this year’s Rally

After looking over these beautiful cars, I presented the “Mayor’s Choice” trophy to Laurie Jones with his silver 1971 Alfa Romeo 1750 Spider which was involved in and completed an African Safari Rally.

XCAT Delegation Visit

This delegation follows on from my recent Mission to the Middle East.

It is hoped that the Gold Coast can secure another water sports event for the City.


5 MAYOR’S REPORT (Continued)

ANZAC Day (Currumbin RSL, Surfers Paradise RSL)

With Senator Joe Ludwig.

At Currumbin, this was a moving dawn service at Elephant Rock.

Cr Robbins and Cr McDonald attended the Dawn service

I would also like to acknowledge the family of Victoria Cross recipient Corporal Cameron Baird, who was killed in Afghanistan last year. The family laid a wreath at Currumbin Beach.

Many thousands of people turned out – especially young people – in what is one of the best services in the country.

I then attended the Surfers Paradise RSL ANZAC service later that morning.

SES Volunteers Thank You BBQ Luncheon

There are 6 SES groups located within the City of Gold Coast:

1. Coolangatta

2. Carrara

3. Springbrook

4. Southport

5. Runaway Bay

6. Pimpama

Collectively the entire City of Gold Coast SES Unit currently has 228 volunteers.

Gold Coast SES volunteers undertook approximately 13,000 hours of work to support our City in 2013.

Thank you to the SES volunteers for giving up their time for the love of the community.

Walk Through Pacific Fair Redevelopment

With Cr Taylor.

I toured the demolition site for the first time last Monday.

The $670 million redevelopment of Pacific Fair, will see the centre transformed into a world-class shopping destination.

It will include a new Woolworths, a relocated full-line Coles, a new fresh food marketplace, David Jones, Big W, a relocated Target, around 120 new specialty stores and 1,300 additional parking spaces.

When this project is finished, I would say this would rival any shopping centre in our nation.

Other investors will see that things are happening on the Gold Coast.



Hong Tai (from Chengdu, China) Delegation

Sichuan Hong Tai Real Estate Development Delegation from Chengdu, China visited the city from 27 to 29 May 2014.

This delegation is a direct result from my Mission to China in March

I met with the company’s President, Mr Zhau Bin.

Mr Zhau and three other property development companies are interested in looking at investment opportunities on the Gold Coast.

Economic Development put together a program that included presentations on the Gold Coast Chinatown project and presentations and site visits to other significant property investment opportunities.

Stop the Gold Coast Quarry Public Meeting

Cr Tozer, Cr McDonald, Cr Robbins and CR Betts attended.

Close to 300 people attended.

The main question asked was – “What will you do if the Deputy Premier Calls in the project?”

The Council is a child of the State Government, we exist because of State legislation.

If we are directed to do something by the Premier, Deputy Premier or Local Government Minister, the Council must comply. There is no choice in the matter.

The perfect example of how this Council has been standing up for the concerned residents is our new City Plan 2015.

The proposed strategic maps listed the ‘Key Resource Area’ for this Reedy Creek Boral Quarry.

I asked our Planning area to remove Key Resource Area (KRA) 96 at Reedy Creek them Council for the official First State Interest check with the KRA 96 for the Reedy Creek Boral Quarry site removed from our strategic maps.

Last week the State Government directed Council to put it KSA 96 back on the City Plan maps.

We have to do as directed by the Deputy Premier.

If the project is called in by the State, the options for Council are limited to providing a comprehensive submission to the Director-General and the Deputy Premier on not proceeding with the project.



Gold Coast Tourism Industry Luncheon - Andrew Robb AO MP, Minister For Trade, Investment And Tourism

Cr Gates, Cr Owen-Jones, Cr Tozer, Cr Bell, Cr Taylor attended.

It was great to welcome the Federal Minister responsible for Tourism here in the Australia’s premier tourism destination.

The Minister noted the importance of flights between the Gold Coast and China and the Middle East as crucial to the industry.

Negotiations have commenced to establish direct flights between the Middle East specifically Doha to the Gold Coast and Chengdu, China to the Gold Coast. Airlines involved in negotiations to provide these flights include: Qatar Airlines, Hainan Airlines and Sichuan Airlines.

Dr Geoff Wilson Antarctic Pink Polar Photographic Exhibition

With Cr Tozer, Dr Wilson and Kate Carlyle.

Geoff is a Gold Coast Veterinarian who, late last year, set out on a gruelling crossing of Antarctica.

Using skis and kite power to traverse the ice, Geoff hauled a ‘boob sled’ of supplies for the journey.

Only 3 people have ever achieved thus – but Geoff broke the world record.

This exhibition showcased Geoff’s expedition, as he raised funds for the McGrath Foundation.

Friendship Force Ambassadors from San Diego, USA

As part of the Friendship Force Association’s annual exchange programs, 13 ambassadors visited from San Diego, Chicago and elsewhere in Canada.

Friendship Force International aims to foster peace and understanding through the world by means of personal contacts and shared experiences achieved through home stays.

The Friendship Force of the Gold Coast Club has approximately 80 members, and has been around for two decades.

Young LNP Gala Ball

Cr Tate attended

Held in Brisbane, over 200 attendees.

This was a great advocacy opportunity – with the Attorney-General, Jarrod Bleije, and Premier Campbell Newman in attendance.



Brisbane Roar vs Western Sydney Wanderers

With Cr Gates.

Over 51,000 fans attended.

Roar won 2-1 in extra time. They were trailing nil to 1 with 1 minute to go.

This is their 3rd A-League title in 4 years.

The Roar are the only Queensland team in the A-League.

It would be great to re-establish a Gold Coast Team in the future.

Cultural Precinct

Brisbane City and the State Government understand that Cultural Tourism is the next wave…

And they want to get ahead of us.

City Budget 2014-15 Community Consultation Begins

Opened 7 Days ago.

Close to 1,000 submissions.

Broadly representative of all age groups and suburbs.

Transport is a major theme.

Local spending priorities are footpaths, lighting and other basic amenities.



















RESOLUTION G14.0506.011 Moved Cr Tate Seconded Cr Gates That the Mayor’s Report be welcomed.

CARRIED


6 CLARIFICATION - MEMBERS Cr Robbins wished to clarify the following:- Gold Coast Bulletin 2 May 2014 In the article below it says “Coolangatta councillor Chris Robbins, who is furious about the Mayor’s move…..”. Cr Robbins advised she was not furious but somewhat bemused. Cr Robbins does take responsibility for the statement that she made that it was presumptuous to have a letter already written before the decision has not been made but she did not say that the Mayor had written that letter. She assumed it had come from the organisation. 7 BUSINESS ARISING FROM MINUTES 7.1 Cr Owen-Jones - ASF Consortium Report from Newspoll – the Adopted Minutes for the

Special Council Meeting held on the 2 May 2014 will have both the ASF Consortium presentation and the Newspoll presentation.

7.2 Cr Owen-Jones - suggest a copy of the official letter regarding the ASF Consortium

Proposal for the Broadwater be included in the minutes. Copy is included below


7 BUSINESS ARISING FROM MINUTES (Continued)


7 BUSINESS ARISING FROM MINUTES (Continued)

8 PRESENTATIONS Nil


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 ENGINEERING SERVICES Cr McDonald, Chairperson of the Engineering Services Committee, presented the Report of the Meeting of the Engineering Services Committee held on Tuesday, 29 April 2014. RESOLUTION G14.0506.012 Moved Cr McDonald Seconded Cr Taylor That the Report of the Engineering Services Committee Meeting held on Tuesday, 29 April 2014, covered by Recommendations numbered ES14.0429.001 to ES14.0429.008, be received.

CARRIED UNANIMOUSLY ITEM 7 REQUEST TO RECONSIDER EXTERNALLY WRAPPED ADVERTISING ON

LIGHT RAIL TRAMS ON THE GOLD COAST TT1173/46/01(P4)

Correction to voting division count should read 3 For and 3 Against MOTION Moved Cr Crichlow Seconded Cr Gates

That Committee Recommendation ES14.0429.007 be adopted as printed which reads as follows:- That Council writes to the Director-General, Department of Transport and Main Roads, requesting that the Department reconsiders its decision to sell advertising externally wrapped on light rail trams on the Gold Coast. A division was called. For 6 Cr Crichlow, Cr Bell, Cr Betts, Cr Taylor, Cr McDonald, Cr Tate

Against 9 Cr Caldwell, Cr Grew, Cr Gilmore, Cr Robbins, Cr Tozer, Cr La Castra, Cr Owen-Jones, Cr Gates, Cr Grummitt

Abstained 0 Absent 0 The MOTION was LOST. ADOPTION OF THE ENGINEERING SERVICES COMMITTEE REPORT RESOLUTION G14.0506.013 Moved Cr McDonald Seconded Cr Taylor That the Report of the Engineering Services Committee Meeting of Tuesday, 29 April 2014, covered by Recommendations numbered ES14.0429.001 to ES14.0429.008, be adopted with the exception of:- Recommendation Number ES14.0429.007 which was specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 COMMUNITY & CULTURAL DEVELOPMENT Cr La Castra, Chairperson of the Community & Cultural Development Committee, presented the Report of the Meeting of the Community & Cultural Development Committee held on Tuesday, 29 April 2014 RESOLUTION G14.0506.014 Moved Cr La Castra Seconded Cr Grew That the Report of the Community & Cultural Development Committee Meeting held on Tuesday, 29 April 2014, covered by Recommendations numbered CC14.0429.001 to CC14.0429.003, be received.

CARRIED ITEM 3 GOLD COAST CITY EVENTS ADVISORY COMMITTEE MINUTES 23 APRIL 2014

LG426/602/-(P12)

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION Moved Cr Gates Seconded Cr La Castra That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

3 Gold Coast City Events Advisory Committee Minutes 23 April 2014

Prejudicial Matter

CARRIED

PROCEDURAL MOTION Moved Cr Gates Seconded Cr Owen-Jones That the Council move into Open Session.

CARRIED Following resumption into open session, item 3 was moved and carried as shown on the following pages.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)

9.2 COMMUNITY & CULTURAL DEVELOPMENT (Continued)

ITEM 3 GOLD COAST CITY EVENTS ADVISORY COMMITTEE MINUTES 23 APRIL 2014 LG426/602/-(P12)

RESOLUTION G14.0506.015 Moved Cr Crichlow Seconded Cr Bell

That Committee Recommendation CC14.0429.003 be not adopted, but in lieu thereof reads as follows:

1 That the report in relation to the proposed Water, Wheels and Wings (Festival of Elegance) be received and noted pending receipt of further details by 1 July 2014 from the applicant.

2 a That the applicant (Kokoda Youth Foundation Inc) be advised that Council will provide support to the 2013 Kokoda Challenge (19-20 July 2014), subject to the applicant:

i securing all landowner and statutory approvals;

ii providing sponsor benefits to the satisfaction of the Chief Executive Officer;

iii undertaking to provide a Post Event Report;

b That the support comprise in-kind and in-value support to a maximum cost of $7,500 (plus GST), being for provision of hire toilets, and loan of equipment and officer assistance; and contribution of the use of Nerang Velodrome;

c That the source of funds be Account ED5710O006 ‘Major Events Support”;

d That support to this event is an exercise of Council’s Beneficial Enterprise Powers.

3 a That the applicant (Beach Sportz Australia) be advised that Council will provide support to the 2014 Triple Crown Series (26-27 July 2014, 23-24 August 2014, and 13-14 September 2014), subject to the applicant:

i Securing all landowner and statutory approvals;

ii Providing sponsor benefits to the satisfaction of the Chief Executive Officer;

iii Undertaking to provide a Post Event Report;

iv Demonstrating that the incorporation process has been completed.

b That the support comprise in-kind and in-value support to a maximum cost of $5,000 (plus GST), being for provision of temporary services and facilities, limited promotional assistance and officer assistance in facilitating the consultation and approval processes;

c That the source of funds be Account ED5710O006 ‘Major Events Support”;

d That support to this event is an exercise of Council’s Beneficial Enterprise Powers.

4 That the Post Event Report for the 2014 Ladies Masters Golf Tournament, conducted at Royal Pines Resort between 6-9 February 2014, be received and noted.

CARRIED BY SUPER MAJORITY



9.2 COMMUNITY & CULTURAL DEVELOPMENT (Continued) ADOPTION OF COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE REPORT RESOLUTION G14.0506.016 Moved Cr La Castra Seconded Cr Tozer That the Report of the Community & Cultural Development Committee’s Recommendations of Tuesday, 29 April 2014, numbered CC14.0429.001 to CC14.0429.003, be adopted with the exception of:- Recommendation Numbers CC14.0429.003 which was specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CITY PLANNING Cr Caldwell, Chairperson of the City Planning Committee, presented the Report of the City Planning Committee held on Wednesday, 30 April 2014. RESOLUTION G14.0506.017 Moved Cr Caldwell Seconded Cr Bell That the Report of the City Planning Committee Meeting held on Wednesday, 30 April 2014, covered by Recommendations numbered CP14.0430.001 to CP14.0430.009 be received.

CARRIED UNANIMOUSLY Cr Owen-Jones declared a real (or perceived) conflict of interest (as per section 173 of the Local Government Act 2009) on items 2 &3, due to having received contributions from an entity associated with the applicant and left the meeting room, taking no part in the debate or decision of the meeting.

Cr Owen-Jones left the room.

ITEM 2 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS

(SIX BUILDINGS UP TO 15 STOREYS - 357 UNITS) - LOT 2 ON SP249393 & LOT 1 ON SP249393 (PART OF) - 21 ROSS STREET AND 406 ASHMORE ROAD, BENOWA – DIVISION 8 PN327469/01/DA2

MOTION Moved Cr Robbins Seconded Cr Betts

That Committee Recommendation CP14.0430.002 be adopted, with an addition of the below condition, such that it reads as follows:

Development timing based on Ross Street/Ashmore Road Intersection upgrade to signals

Development works must not commence on the subject site until such time as the Ross Street/Ashmore Road roundabout intersection is upgraded by the Department of Transport and Main Road (or other) to a signalised intersection or unless the developer can reasonably demonstrate to the satisfaction of the Chief Executive Officer and Regional Director of Transport and Main Road (South coast) that the additional development traffic will result in no worsening of the background intersection operation

Timing: as defined in the condition.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CITY PLANNING (Continued) ITEM 2 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS

(SIX BUILDINGS UP TO 15 STOREYS - 357 UNITS) - LOT 2 ON SP249393 & LOT 1 ON SP249393 (PART OF) - 21 ROSS STREET AND 406 ASHMORE ROAD, BENOWA – DIVISION 8 PN327469/01/DA2 (CONTINUED)

AMENDMENT Moved Cr Gates Seconded Cr Caldwell

That Committee Recommendation CP14.0430.002 be adopted as printed which reads as follows:-

Real property description Lot 2 on SP249393 and Lot 1 on SP249393 (part of)

Address of property 21 Ross Street Benowa and 406 Ashmore Road, Benowa

Area of property Lot 2 – 24,340m2 (gross), 23,852m2 (net)

Lot 1 -31,314m2 (gross), 27,220m2 (net)

Decision type Development Permit for a Material Change of Use for Apartments

Further development permits Building Works,

Plumbing and Drainage Works

Vehicle Crossover

Operational Works (Works for Infrastructure)

Operational Works (Private Landscaping)

Operational Works (Change to Ground Level)

Further compliance permits Sewerage Works

Water Supply Plumbing Works

Compliance assessment required for documents or works

Compliance Assessment Of Basement Excavation Stability Assessment Report

A division was called. For 8 Cr Caldwell, Cr Crichlow, Cr Bell, Cr Tozer, Cr Betts, Cr Gates,

Cr Taylor, Cr Tate Against 6 Cr Grew, Cr Gilmore, Cr Robbins, Cr La Castra, Cr Grummitt,

Cr McDonald Abstained 0 Absent 1 Cr Owen-Jones The AMENDMENT was CARRIED and became the MOTION.


AMENDED PAGE



The MOTION became the RESOLUTION RESOLUTION G14.0506.018 Moved Cr Gates Seconded Cr Caldwell

That Committee Recommendation be adopted as printed which reads as follows:-

Real property description Lot 2 on SP249393 and Lot 1 on SP249393 (part of)

Address of property 21 Ross Street Benowa and 406 Ashmore Road, Benowa

Area of property Lot 2 – 24,340m2 (gross), 23,852m2 (net)

Lot 1 -31,314m2 (gross), 27,220m2 (net)

Decision type Development Permit for a Material Change of Use for Apartments

Further development permits

Building Works,


Vehicle Crossover







Compliance Assessment Of Basement Excavation Stability Assessment Report




NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Apartment, subject to the following conditions:

APPROVED DRAWINGS

1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by A0-012 4 Staging Plan 04/12/13 Ellivo Architects A0-020 10 Basement 3 15/01/14 Ellivo Architects A0-021 11 Basement 2 15/01/14 Ellivo Architects A0-022 10 Basement 1 15/01/14 Ellivo Architects A0-023 14 Podium Level 15/01/14 Ellivo Architects A0-025 12 Typical Tower Levels 15/01/14 Ellivo Architects A0-050 4 Shadow Diagrams 15/01/14 Ellivo Architects A1-600 6 Area Plans 15/01/14 Ellivo Architects A2-001 3 Building 1 to 4

Coloured Elevations & Materials

10/07/13 Ellivo Architects

A2-002 3 Building 5 to 6 – Coloured Elevations & Materials

10/07/13 Ellivo Architects

A2-100 3 Building 1 Elevations 10/07/13 Ellivo Architects A2-200 3 Building 2 Elevations 10/07/13 Ellivo Architects A2-300 3 Building 3 Elevations 10/07/13 Ellivo Architects A2-400 3 Building 4 Elevations 10/07/13 Ellivo Architects A2-500 3 Building 5 Elevations 10/07/13 Ellivo Architects A2-600 3 Building 6 Elevations 10/07/13 Ellivo Architects A2-700 2 Pool Facilities

Elevations 10/07/13 Ellivo Architects

A3-100 7 Building Sections 15/01/14 Ellivo Architects A3-101 4 Building Sections 15/01/14 Ellivo Architects A0- 014 4 3D Views 10/07/13 Ellivo Architects A0-015 4 3D Views 10/07/13 Ellivo Architects A0-016 4 3D Views 10/07/13 Ellivo Architects




showing the following amendments:

i Provide a temporary turning area within Stage 1 and 2 which enables a 10.2m refuse collection vehicle to collect waste from the designated storage points, turn around and exit the site in a forward gear.

ii Provide a 2m wide path along the southern side of the internal road between the Ross Street site access and the internal road roundabout that provides continuous pedestrian access to the subject development.

iii Demonstrate a minimum queue length of 7 vehicles (42m) into building 6 basements between the intersections with the internal road at ground level to the area prior to the nearest parking manoeuvre in the basement.

iv Revised Staging Plan for the development which indicates the undertaking of streetscape works along Ross Street occurring prior to the commencement of Stage 1. Note: The revised timing of the streetscaping is to ensure that a formed and publicly accessible road reserve exists prior to the use commencing and is not delayed till the last Stage.

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

i Issue of a development permit for the carrying out of building work.

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

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

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

Timing As indicated within the wording of the condition.




3 Notice of works timetable

The applicant must give Council written notice of the following:

a Application number;

b Site address;

c Name and telephone number (work and after hours) of the project manager and the site owner;

d Works intended to be carried out;

e The proposed timetable associated with the works, including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals.

A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

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

4 Dedication of land

a The dedication of land (for road widening) as conditioned by the development permit will result in the ‘Rearranging the boundaries of a lot by registering a plan of subdivision’.

b The applicant shall prepare a subdivision plan showing the land to be dedicated. The subdivision plan must be lodged for compliance assessment.

c The subdivision plan must be to the satisfaction of the Chief Executive Officer, and at no cost to Council.

d The applicant must provide evidence to Council that the subdivision plan has been registered with the Department of Natural Resources and Mines.

Timing Prior to the commencement of use.




5 Compliance with Land Development Guidelines and

operational work development permits

Unless otherwise specified in the conditions of this development permit, all works the subject of this approval must:

a Be designed, constructed and maintained in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

b In the case of assessable development, be approved by effective development permits for operational work prior to such works commencing, as this approval does not include approval of any operational work; and

c Where any Standard and/or Specification and/or Code and/or Document as referred to or referenced in the Land Development Guidelines has been replaced or superseded, then the later or new Standard and/or Specification and/or Code and/or Documents are to be used. To be clear, the latest edition of any Standard, Specification, Code or Document is to take precedence.

Timing At all times.




CAR PARKING AND ACCESS

6 Access easement over the combined entry road off Ross Street

a An access easement/s along the entire length of the combined entry road between Ross Street and the internal roundabout to the west must be provided, with reciprocal access rights between Lot 1 on SP249393 and Lot 2 on SP249393 as shown on the approved plans.

b The design and construction of the access must be undertaken to the satisfaction of the Chief Executive Officer, at no cost to Council.

c The applicant must provide to Council a certification from a registered land surveyor that the easements are correctly located over the combined entry road.

d The terms of the easements must be to the satisfaction of the Chief Executive Officer and must include reference to the responsibilities of the Grantor/Grantee for the ongoing maintenance and subsequent replacement of the surface of the easement corridor.

e Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for endorsement.

f The applicant must provide evidence to Council that the survey plan and easement documents have been registered with the Department of Natural Resources and Mines.

Timing Prior to the commencement of the use of Stage 1 and maintained at all times.



9.3 CITY PLANNING (Continued)

ITEM 2 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (SIX BUILDINGS UP TO 15 STOREYS - 357 UNITS) - LOT 2 ON SP249393 & LOT 1 ON SP249393 (PART OF) - 21 ROSS STREET AND 406 ASHMORE ROAD, BENOWA – DIVISION 8 PN327469/01/DA2 (CONTINUED)

7 Off street car parking facilities

Off-street car parking facilities must be designed constructed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council in accordance with the following:

a The off-street car parking facilities must be designed in accordance with: i The plan/s of development referred to in this

development approval; and ii Australian/New Zealand Standards AS/NZS

2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking.

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

c The off-street car parking facilities must be drained, sealed and line-marked to a reasonable standard acceptable to a RPEQ qualified Engineer.

Timing Constructed prior to the commencement of use and maintained at all times.

8 Tandem car parking spaces

Tandem car parking spaces must be allocated to residents of the same unit only.


9 Off street visitor car parking spaces

Off street visitor car parking spaces must: a be clearly identifiable through the provision of

appropriate line marking and signage. b be freely accessible to bona fide visitors for the

duration of any visit to the site. c have no gateways, doors or similar devices which

restrict vehicular access. d be constructed to the satisfaction of the Chief

Executive Officer.

Timing At all times

10 Footpaths and bikeways design and construction

a The applicant must design and construct i a 2.5m wide concrete path along the full

frontage of Lot 2 on SP249393 to Ross Street.

b The footpaths/bikeways must be designed and constructed in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings subject to any variations approved by Council in issuing a development permit for operational work (works for infrastructure) for the footpath/bikeways.

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan, Council accepting the works ‘On Maintenance’ or the commencement of the use.




11 Operational work application required

The applicant must apply for and obtain a development permit for operational work from Council for the design and construction of all works within the road reserve. Approval of plans, which show the location of paths, turn lanes, medians or the like, is not to be taken as an approval to construct such paths.

Timing Prior to the commencement of external road works.

ADVERTISING DEVICES

12 Advertising device approval required

No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6140 to discuss approval requirements.


13 No illuminated signage during construction

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

Timing At all times during construction.

AMENITY

14 Location of equipment and ventilation/refrigeration units

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

Timing At all times once the use has commenced.

15 Screening of storage

The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


16 No nuisance from lighting

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





17 Roof to be non-reflective - Amenity

The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.


GEOTECHNICAL

18 Preparation of basement excavation stability assessment report

For Buildings 5 and 6, a basement excavation stability assessment report must be prepared and signed by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. The report must:

a Include a stability assessment of the basement excavation, including any proposed batter, temporary shoring/retention system or permanent retaining structures. The stability assessment must:

i Be based on existing geotechnical conditions of the site;

ii Refer to specific engineering drawings and cross-sections; and

iii Include detailed stability calculations demonstrating that the proposed batter or retention system for supporting the basement excavation will achieve adequate stability with a factor of safety greater than 1.5 against geotechnical instabilities (e.g. sliding, rotational failure, slip circle failures etc.);

b Address the effects of any dewatering on the potential settlements and lateral movements of the adjacent structures, properties and underground services;

c Assess the suitability of the proposed basement excavation methodology and examine whether the basement excavation support system requires any ground anchoring into any adjacent properties or road reserve;

d Identify the overall potential adverse effects of the proposed basement excavation and dewatering on the stability and integrity of the adjacent properties/structures in terms of their total predicted vertical and lateral movements;

Timing Prior to issuing of any building works approval or any works commencing on site within Stages 5 and 6.




e Include a site-monitoring plan:

i For the entire construction period and a post-construction period of at least three months in order to ensure the stability of the adjacent properties/structures;

ii Which includes plans and cross-sectional drawings showing the locations and parameters to be monitored, frequency of monitoring and threshold value of any parameter that will trigger immediate cessation of all site works in order to maintain the stability and integrity of the adjacent properties/structures; and

iii Which includes a contingency plan in the event that instability of the adjacent properties/structures arises or is detected during the construction period;

f Include certification from a RPEQ specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures; and

g Confirm that the structural integrity of any existing water and sewerage infrastructure assets that are owned and operated by Gold Coast Water or Link Water, traversing the site is maintained due to the proposed basement excavation over the site.




19 Compliance assessment of basement excavation stability

assessment report

The basement excavation stability assessment report is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following:

Matters or things against which the document must be assessed

The planning scheme’s Steep Slopes or Unstable Soils Constraint Code;

The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code;

Planning Scheme Policy 11 – Land Development Guidelines; and

Link Water’s Consent Guidelines – June 2009.

Compliance assessor: Gold Coast City Council

When the request for compliance assessment must be made

Prior to issuing of any building works approval or any works commencing on site within Stages 5 and 6.

The basement excavation stability report is not an approved report until a compliance certificate has been issued in respect of it.

20 Compliance certificate with future operational work development applications

A copy of the compliance certificate for the basement excavation stability report must be provided with any future building work development applications for Stages 5 and 6.

21 Basement excavation and associated drawings are consistent with geotechnical report

The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the basement excavation and retention design drawings have incorporated all geotechnical measures recommended in the Council approved geotechnical report.

Timing Prior to issuing of any building works approval or any works commencing on site within Stages 5 and 6.




22 Basement excavation and dewatering must be carried out in

accordance with geotechnical report

All underground works, including basement excavation, retention structures and dewatering, must be carried out in accordance with the advice and recommendations of the Council approved geotechnical report.

Timing At all times while works are occurring on site within Stages 5 and 6.

23 Basement excavation and ground anchoring issues

In conjunction with any application seeking a development permit for building works on site within Stages 5 and 6, the applicant shall provide the following document(s) to the relevant authority.

a Written confirmation signed by the applicant or the applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or

b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note:

The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

Timing As indicated within the wording of the condition or prior to issuing of any building works approval or any works commencing on site within Stages 5 and 6.



9.3 CITY PLANNING (Continued)

ITEM 2 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (SIX BUILDINGS UP TO 15 STOREYS - 357 UNITS) - LOT 2 ON SP249393 & LOT 1 ON SP249393 (PART OF) - 21 ROSS STREET AND 406 ASHMORE ROAD, BENOWA – DIVISION 8 PN327469/01/DA2 (CONTINUED)

ACOUSTICS

24 Acoustic design and construction

The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by ‘CRG’ dated 18 July 2013 (Reference No. 13027a report).

Any alteration to the design or construction 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 Building Approval.

Timing

Prior to the commencement of the use of each Stage

25 Acoustic Compliance Report

An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing

Prior to the commencement of the use of each Stage

26 An acoustic report required prior to building approval

An acoustic report must be submitted and approved by Council.

a The report must detail:

i The expected impact of noise from mechanical plant and equipment on the near-by noise sensitive dwellings.

ii Assessment of the impact of traffic noise (including external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and

iii The required control measures to achieve compliance with the applicable criteria and standards.

b The development must be designed and constructed in accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

Timing Prior to the issue of a development permit for building works for each stage.




27 Air conditioning

Air conditioning or sealed mechanical ventilation must be provided to bedrooms and living areas of units as per Sketch No. 2 of the acoustic report prepared by ‘CRG’ dated 18 July 2013 (Reference No. 13027a report) to ensure noise-affected units have adequate ventilation with a closed façade.

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

28 Acoustic barrier

A 1.8 metre high acoustic barrier must be designed and constructed in accordance with the recommendation detailed in Sketch No. 1 of the acoustic report prepared by ‘CRG’ dated 18 July 2013 (Reference No. 13027a report).


29 Waste collection hours

Waste collection activities are restricted to the hours of 7:00am and 6:00pm daily


30 Hours of Communal Recreation usage

Use of the communal recreation areas is permitted between the hours of 7:00am and 10:00pm only.

Timing At all times

31 Treatment of trafficable area

Driveway areas and basement ramps are to be finished with surface coatings that prevent tyre squeal.

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

32 Drainage grating

Drainage grating over trafficable areas is to be secured so as to prevent rattling.





WASTE

33 Waste facilities

Waste facilities must be designed and constructed in accordance with ‘Refuse Management Summary’ prepared by ‘Ellivo Architects’ dated 28 August 2013 (Issue: 01).

Timing Prior to the commencement of the use of each Stage

34 Waste chute – design and construction

The waste chutes must be located in accordance with ‘Basement 1’ plan prepared by ‘Ellivo Architects’ dated 23 May 2013 (Drawing No. A0-022), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional

reinforcing where necessary at joins, bends and hopper intersections,

b Insect and vermin proof

c Constructed and installed to prevent the following during use and operation of the system:

i Transmission of vibration to the structure of the premises

ii Excessive odour

iii Excessive noise to the occupants of the building

d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building Code of Australia

e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section

f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire





35 Waste disposal points – design and construction

Waste disposal points / hoppers must be located on each residential floor in accordance with ‘Typical Tower Levels’ plan prepared by Ellivo Architects’ dated 23 May 2013 (Drawing No. A0-025), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least

1200 millimetres above finished floor level

b Hopper door must automatically return to the closed position after use

c Designed to permit free flow of waste into the chute

d Constructed so that the diameter or largest dimension of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected

e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface.


36 Waste storage room – design and construction

The waste storage rooms must be located in accordance with ‘Basement 1’ plan prepared by ‘Ellivo Architects’ dated 23 May 2013 (Drawing No. A0-022) and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Fire rated and ventilated in accordance with the Building

Code of Australia

b Insect and vermin proof

c The doors must be wide enough to allow for the easy removal of the largest container to be stored

d The walls, ceiling, floor and equipment of each waste storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning

e The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements





f Adequate additional space must be provided for compactors

(if applicable)

g Adequate artificial lighting must be provided

h Refrigerated rooms must be fitted with an approved alarm device outside, but controllable only from within the room

i Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage)

j A hose cock must be provided immediately outside the room for cleaning bins and the room

k Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute

37 Additional Recyclable Storage

Adequate storage for recyclable waste must be provided. All users must be able to safety and easily access these area/s.


38 Bulk Bins servicing points

The bulk bin servicing points must be located in accordance with ‘Landscape Plan – Building 1’, ‘Landscape Plan – Building 2’, ‘Landscape Plan – Building 3’, ‘Landscape Plan – Building 4’, ‘Landscape Plan – Building 5’ and ‘Landscape Plan – Central Recreational Area’ prepared by ‘Form Landscape Architecture’ dated 2 October 2013 (Drawing Nos. 130207), and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

Timing Prior to the commencement of the use of each Stage.




d Constructed hardstand with a solid concrete base or

acceptable equivalent e Positioned on a level pad within the site, not more than

five (5) metres from the property boundary, level with the kerbside and adjacent to a driveway or other approved crossover on the public roadway

f Connected to the crossover by a paved path

g Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

h Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site

HEALTH AND REGULATORY SERVICES

39 Swimming pool

The operation of the swimming pool must comply with Council’s Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.2 (Swimming Pools) 2008. The operator must ensure the swimming pool is licensed with Council’s Health, Regulatory & Lifeguard Services Branch.

Timing Prior to the commencement of the use of the swimming pool.

40 Rental accommodation

The premises must comply with Council’s Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.1 (Rental Accommodation) 2008. The operator must ensure the premises are licensed with Council’s Health, Regulatory & Lifeguard Services Branch.

Timing Prior to the occupation of the premises and maintained at all times.




CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

41 Casual Surveillance

The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and to promote opportunities for casual surveillance. This is to include, but is not limited to:

a Footpaths must be safe for pedestrian users and must:

i Optimise informal surveillance and activity;

ii Provide unimpeded sight lines; and

iii Avoid concealment spots, dead ends and blind corners.

b Visibility through vegetation to be clear between the height of 0.6m and 2.0m adjacent to pedestrian routes within the development;

c A vegetation management plan to ensure clear sightlines and visibility are maintained throughout the site.

d Any fencing (except where an acoustic barrier is required) that exceeds 1.2m in height that is designed and constructed on property boundaries, or adjacent to communal open space, should have permanent visibility through at least 50% of the surface area.

e Safe and accessible paths of travel including clear directional signage to be maintained during the construction phase. Barriers to be placed in a way that does not create hidden corners or potential entrapment zones.





42 Lighting design and installation to promote community safety

a The applicant must design, install and maintain a lighting system (including connections and energising) to illuminate areas intended for night time use (including all car parking areas, pathways and activity areas external to the building), at no cost to Council, prior to the earlier of compliance assessment or the commencement of the use.

b The lighting system must meet the following design and installation requirements:

i Achieve a minimum lighting level in accordance with Australian Standard AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements as follows:

A For all pathways and cycleways meet the appropriate category as set out in Table 2.2 of AS1158.3.1 (i.e. Categories P1 to P4).

B For all outdoor activity areas: meet the appropriate category as set out in Table 2.3 of AS1158.3.1 (i.e. Categories P6 to P8).

C For all external car parking areas meet the appropriate category as set out in Table 2.5 of AS1158.3.1 (i.e. Categories P11a, b, c and P12).

D Include vandal resistant fixtures;

ii Associated wiring must be installed underground and be in accordance with AS/NZS 3000 Electrical Installations (Wiring Rules); and

iii Be acceptable to the electrical supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The lighting system must be maintained by the owner/Body Corporate.

d The applicant must provide to Council, prior to the earlier of compliance assessment or the commencement of use, a certification from a suitably qualified electrical engineer (who specialises in electrical reticulation and lighting) that the works have been completed in accordance with the requirements of this condition.





Notes:

To reduce opportunities for vandalism, it is recommended that lighting be mounted at least 3 metres above ground level and that bollard style lighting be avoided.

It is recommended that areas not intended for night time use remain unlit.

43 Detailed design of built elements to incorporate graffiti prevention principles

The applicant must apply graffiti prevention principles to reduce opportunities for graffiti by restricting access to available surfaces, maximising opportunities for casual surveillance, and/or facilitating easy repair. This is to include, but not be limited to, the following design requirements:

a The owner/Body Corporate shall remove or cover any graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.

b Vegetation shall be planted against publicly accessible building/exterior walls and fences where possible (without creating concealment areas).

c Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti





STREET LIGHTING

44 Street lighting to internal (private) roads – design and installation

a The applicant must design and install a street lighting system (including connections and energising) to the internal (private) roads including the combined entry road off Ross Street, at no cost to Council.

b The street lighting system must meet the following design and installation requirements:

i Achieve a minimum lighting level of Category P4 lighting in accordance with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements;


iii Be acceptable to the electricity supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The street lighting system must be maintained by the Body Corporate.

d The applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) (who specialises in electrical reticulation and street lighting) that the works have been completed in accordance with the requirements of this condition.





INTERNAL ROADS AND FOOTPATHS

45 Internal (private) roads – design and construction

a The absolute maximum gradient of the internal roads must not exceed 17%.

b The pavement must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material) and surfaced with asphalt.

c The design and construction of the pavement must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking.

d The pavement construction must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council.

Timing The RPEQ certification must be provided to Council prior to the commencement of the use of each Stage.

46 Internal (private) footpaths – design and construction

a Design and construct footpaths within the site, in the locations as generally shown on the Landscape Master Plan (Plan 7 dated 11 June 2013 by Form Landscape Architects).

b The design and construction of the footpaths must comply with AS1428.1-2009 Design for access and mobility Part 1: General requirements for access – New Building work. .

c The footpath construction must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council.

Timing The RPEQ certification must be provided to Council prior to the commencement of the use of each Stage.




ELECTRICAL RETICULATION

47 Electricity supply to MCU developments and private estates

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

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


TELECOMMUNICATIONS

48 Telecommunications – MCU development

The applicant must:

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

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

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

Timing Prior to the commencement of use of each Stage.




PLUMBING AND DRAINAGE

49 Application for compliance permit for sewerage works required

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

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

b comply with Council’s:

i Trade Waste Policy; and

ii Trade Waste Pre-treatment Policy and Guidelines); and

c comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

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

Information note:

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

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




50 Application for compliance permit for water supply plumbing

work required

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

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

b comply with Section 7 of Council’s Land Development Guidelines.

Information note:

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

Timing Prior to works occurring.

51 Application for compliance permit for fire services plumbing work required

The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property.

Information note:

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





VEGETATION MANAGEMENT

52 Vegetation works OPW application required

This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any 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)):

a The approved MCU / ROL layout plan.

b Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained.

c Final vegetation management plan

d The approved fauna management plan.

e A letter from an EPA-approved spotter-catcher together with any necessary fauna management plan or a QPWS-endorsed fauna translocation management plan.

f A sediment and erosion control and construction management plan.

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 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.

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




SEWERAGE

53 Sewer reticulation

a The development must be connected to Council’s sewer reticulation system at the applicant’s cost.

b The size of the property service connection shall be 225mm, unless otherwise approved by Gold Coast Water.

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

d Internal sewer reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002.


54 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant (including all sewer reticulation and sewage pump station infrastructure to be dedicated to Council) must be in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.


55 Connection point

The development site has two catchment

a Northern Catchment

The proposed Building 1 and Building 2, as shown on Site Plan drawing number AO-003 prepared by Ellivo Architect, must be connected to the existing 150mm main located within the northern boundary of the development site.

b Southern Catchment

The proposed Building 3, Building 4, Building 5 and Building 6, as shown on Site Plan drawing number AO-003 prepared by Ellivo Architect, must be connected to 300mm main in Ross Street.





56 Operational work (works for infrastructure) application

required

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


57 Connections – arrangements with Gold Coast Water

All live connections to the existing sewer main or a manhole (MH) are to be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.

Timing Prior to connection to existing infrastructure.

58 Redundant sewer property connections

a Any redundant sewer property service connections within the site or servicing the development must be sealed and capped.

b The applicant must provide written evidence to Gold Coast Water that this has occurred.

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

WATER SUPPLY RETICULATION

59 Water supply reticulation (potable only)

a The development must be connected to Council’s potable water supply system prior to commencement of use, at the applicant’s cost.

b The applicant is responsible for all external works necessary to connect to Council’s live reticulation system.

c Internal water reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002

Timing Prior to commencement of use.




60 Design, construction and standard of water supply

reticulation

The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant (including all water supply reticulation infrastructure to be dedicated to Council) must be in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.


61 Connection point

The relocated 225mm main in Ross Street must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


62 Water main relocation along Ross Street

The existing 225mm main in Ross Street, shall be relocated along the entire frontage of the development site in Ross Street to within 1.2m – 2.0m from the new property boundary, in accordance with SEQ D & C Code , to accommodate the proposed road works for construction of left lane and left in / left out at the intersection as shown on Site Plan drawing number AO-003 prepared by Ellivo Architect, at no cost to Council.

Timing Prior to commencement of the use of the premises.

63 Operational work (works for infrastructure) application required

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





64 Installation of property service, water meter box and meter

The applicant must:

a Provide, property service and water meter box at the boundary of the development site in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; and

b A complete property service connection that includes the meter installation and tapping of the main shall be installed by the Council at the time of the building application and at the cost of the applicant.

c All development shall comply with Clause 4.2.7 of Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines

Timing Prior to commencement of use of the premises. Timing At all times

65 Individual sub-metering to be provided

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

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

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

c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

d For high-rise developments, the developer shall furnish the plumbing works, manifolds and the meter cabinets in a way that the sub-meter and its respective unit connection can be verified easily.

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


All live connections to the existing water main are to be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.





67 Completion of external connections

All external water connections must be completed and approved by Gold Coast Water.

Timing Prior to or commencement of the use of the premises.

68 Redundant water connections

a Any redundant water meter connections within the site or servicing the development must be removed.


Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of use of the premises of Stage 1.

69 Supply standard

The applicant must provide water supply to the standard specified in Section 4 and 7 of Gold Coast City Council’s Land Development Guidelines.


70 Fire loading

Fire loading must not exceed 15L/s for residential uses, unless otherwise approved by Gold Coast Water.


HYDRAULICS

71 No worsening of hydraulic conditions

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

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

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

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


72 Alteration of overland flow paths

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





73 Stormwater management plan to be complied with

a The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being, “Vantage – Royal Pines, Site Based Stormwater Management Plan, Apartment Building Development, Revision 04” dated 02 October 2013 Prepared by Sedgman Yeats Pty Ltd (document no YC0433_SBSMP Ross Street, Benowa R04- Eddy Treloar/e.t).

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

74 Stormwater management devices design drawings and supporting information

a The applicant must submit to Council the detailed design drawings (to scale) of the stormwater detention systems. This must include the stage-storage and stage-discharge relationship, inlet/outlet details with levels in mAHD, cross sections, scour protection measures and all other engineering details required for civil engineering assessment.

b The above design drawings must be submitted in conjunction with certification from a qualified stormwater professional (RPEQ or equivalent) confirming that the design drawings are in accordance with the approved stormwater management plan, and generally in accordance with QUDM and GCCC Land Development Guidelines. The certification must be supported by hydraulic modelling/calculations.

Timing Prior to commencement of work.

75 Certification that stormwater management treatment train implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.





76 Certification of no adverse hydraulic impact at the Legal

point of discharge

The applicant must submit certification from a qualified professional (RPEQ or equivalent) confirming no adverse hydraulic impacts, due to the proposed development, to the existing drainage system within Easement D (refer to Drawing # YC0433-A1-SK04-C dated 26 September 2013 by Sedgman Yeats Ltd) and to the drainage system within Ross Street reserve for all storm events up to and including the 100 year ARI event.

Timing Prior to commencement of work.

77 SQIDs maintenance management plan

a A maintenance management plan for stormwater quality improvement devices (SQIDs) for the site must be prepared by a qualified professional (RPEQ or equivalent) at the owner’s expense and in accordance with the Council's Water Sensitive Urban Design Guidelines (2007).

b The legal authority of the property shall be responsible for the maintenance and monitoring of the stormwater management devices during both construction and operational phases of the development at no cost to the Council.





EROSION AND SEDIMENT CONTROL

78 Erosion and sediment control

a Sediment, erosion and dust control measures must be implemented in accordance with the approved report and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Additional sediment, erosion and dust control measures must be implemented as directed by Council officers upon site inspection.

b Immediately after completion of the construction of an open drain:

i The open drain must be turfed, unless approved otherwise in a Council approved stormwater management plan; and

ii A turf strip must be placed at 90 degrees to the invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

c Sediment control structures (e.g. sediment fence) must be placed at the base of all materials imported on-site to trap any sediment runoff.

d A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any sediment laden stormwater from mixing with outside clear stormwater.

Timing During building / construction works




e The following inspection program must be carried out

until the site is fully rehabilitated:

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

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

f To minimise un-vegetated areas:

i Construction activities must be staged;

ii Filled areas must be seeded immediately on completion; and

iii No area should remain exposed (un-vegetated) for more than 2 weeks unless construction work is being undertaken on that area.

g All water from the site must be directed through a sediment pond prior to leaving the site. The sediment ponds or other approved devices are to be maintained in good condition until the site is fully rehabilitated.

h Prior to discharging of any water from the site during construction, including dewatering discharge, the applicant must achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009).

i Water quality must be monitored in accordance with Section 7.5 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Asset Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.




79 Construction of sediment basin

a The sediment basin(s) for construction phase must be designed in accordance with Appendix B of the Best Practice Erosion and Sediment Control (IECA Australasia, November 2008).

b Each sediment basin must have the capacity to treat flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered as soon as practicable after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways are designed and constructed to be structurally sound for 10 year ARI rainfall event under normal circumstances.

e A high-flow bypass system must be included (if necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed and disposed of appropriately without causing water contamination.




80 Inspections and reporting

a All erosion and sediment control measures must be inspected on a weekly basis and following runoff events until the site is fully rehabilitated.

b All drainage control structures such as Diversion Banks, Diversion Channels and Temporary Culvert Protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following:

i Details of the nature and cause of non-conformance; and

ii Details of the required corrective actions.

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

d A monthly summery of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

i ESC Inspection Checklists;

ii Description of any incidents of non-conformance;

iii Results of corrective action; and

iv Revisions to the ESCP.




ACID SULFATE SOILS

81 Excavation/filling requiring consideration of acid sulfate soil

If the proposed development will affect soils below 5m AHD and involves either:

a The excavation of 100m3 or more of soil or sediment; or

b The filling of land involving 500m3 or more of material with an average depth of 0.5m or greater,

the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.


82 Acid sulfate soil investigation

Subject to Condition 81, an acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following:

a The presence/absence of acid sulfate soils over the entire excavation area (i.e. through soil investigations);

b The degree (i.e. concentration) of acid leachate generating potential of soils;

c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and

d The potential impacts on surrounding environment features.

83 Preparation of acid sulfate soil management plan

Subject to Condition 81, at the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with:

a The Queensland Acid Sulfate Soil Technical Manual Version 3.8 (November 2002, Dear et al); and

b Conditions of this approval.

Timing If required, to be submitted in conjunction with any future OPW (Changes to Ground Level or Civil) application.




COMPENSATORY MEASURES

84 Compensation for City Wide Significant Species

A city wide significant species was identified as existing in the Eastern corner of the subject site. If any city wide significant species on site are required to be removed, 5 replacement plants of equivalent species and local provenance must be planted within the site. Any replacement plantings required must be incorporated into private landscaping plans.

Timing Details to be included within OPW (Vegetation Clearing) application and OPW (Private Landscaping) application.

LANDSCAPE WORKS ON PRIVATE LAND

85 Detailed landscape plan to be submitted for approval

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

b Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

i Be prepared by a qualified landscape architect or similar landscape design professional;

ii Be in general accordance with the Statement of Landscape Intent, being plan no 130207 sheets 1-37, rev DA14, title Vantage, Benowa Landscape Design Intent, date 22.01.2014, prepared by Form landscape architects;

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

iv Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual.

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




86 The required landscaping plan must also demonstrate the

following:

a All Araucaria cunninghamii (Hoop pine) trees within the revised Ross street frontage shall be planted in a single row at 8 metre centres. The Hoop pines planted within this frontage must be a minimum 5 metres in height and must be ex ground stock.

b Tree species must be native evergreen shade trees with a minimum bag size of 100 litre at the time of planting.

c Tree species used in planting zones/buffers within the building set back areas must be native evergreen shade trees with a minimum bag size of 400 litre at the time of planting.

d Tree species planted with root zones adjacent to structures must have root control/ barriers and or structure strengthening systems installed. Full demonstration of these systems will be required at operational works stage.

e Palm species must be a minimum 3 metres in height at the time of planting.

f Pandanus species must be a minimum 3 metres in height at time of planting and must be ex-ground stock.

g Feature shrub species must be a minimum 300mm pot size at the time of planting.

h Screening shrub species must be a minimum 45litre pot size at the time of planting.

i The landscape plan must include the approved location and detailed design drawings of the bio-retention system which is required as part of the Stormwater Management for the site. The plan must incorporate an appropriate list of species in the plant schedule, which are suitable for a bio-retention area. Planting densities must match those shown in Council’s Water Sensitive Urban Design Guidelines.

j The location and species shall be determined through the assessment of the development application for Operational Works (Private Landscape) required by condition of this approval.

k All planting within the road reserve must be shown on the detailed landscape plans and approved by the OPW private landscape application




BUILT FORM

87 Balconies and podiums to be unenclosed

All balconies and podium areas must remain unenclosed in accordance with the approved plans referred to in condition 1 of this decision notice.


88 Design and treatment of topmost storey

The topmost storey of all buildings (including the roof and any service equipment and plant rooms) must be designed and treated so as to visually integrate with and complement the design and finish of the rest of the building, to the satisfaction of the Chief Executive Officer.


89 Fencing

a The applicant must submit to Council details of any fencing proposed along the site frontage to Ross Street as well as along the site’s side and rear boundaries, in terms of permeability, colours, materials and dimensions.

b Any fencing to be located along site’s frontage must be a maximum height of 1.8 metres and be of an open style with a minimum of 50% permeability and incorporate recessed landscaping intervals.

c Fencing must be erected and maintained in accordance with the approved fencing details.

Timing The fencing details must be submitted and approved prior to the earlier of the commencement of the use of the premises or the erection of any fencing on the premises.




ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

90 Connection to, alteration or realignment of Council infrastructure

a The applicant must, in respect of any connection to, alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following:

i Ensure that the proposed works comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

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

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

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

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

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

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

Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of each Stage




91 Coordination with Council drainage upgrade works

The applicant must contact Council’s Engineering Services Directorate (phone 5582 8975) to coordinate any proposed external drainage works or works on Council stormwater infrastructure with any drainage upgrade works being undertaken or planned to be undertaken by Council in the vicinity of the subject site.

Timing Prior to lodgement of a development application for operational work (works for infrastructure).

92 Alterations in road reserve to provide equitable access

Any alterations in the road reserve must provide for equitable access, including satisfaction of the requirements of AS1428 Design for access and mobility as if they applied to the road reserve.


93 Location of stairs, ramps, associated handrails and surface indicators

Any stairs, ramps, associated handrails and tactile ground surface indicators must be located wholly within private property.


ENCROACHMENTS

94 No building work over or within Council easements and minimum distance from Council infrastructure

a No building work is permitted over or within any Council public utility easements.

b All proposed buildings and structures must be located a minimum distance of 2 metres from Council infrastructure (i.e. Water or sewerage infrastructure that become contributed assets) and comply with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

Timing At all times during works and then maintained.




CONSTRUCTION MANAGEMENT

95 Construction management plan

Part A Construction Management Requirements

a The construction management plan must be submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

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

i Vehicle access (including responsibility for maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

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

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

v Building waste / refuse disposal;

vi Presentation of hoarding to the street;

vii Tree management.

c The construction management plan must demonstrate that:

i the general public will be adequately protected from construction activities;

ii the building site will be kept clean and tidy to maintain public safety and amenity; and

iii demand for occupation of the street and protection of Council assets will be well managed.

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

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

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




Part B Road/footpath Closure Requirements

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

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

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

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




96 Noise management

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

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

c The noise management plan must:

i be prepared by a suitably qualified acoustic engineer;

ii provide details of expected noise sources;

iii include an assessment of the predicted noise levels from all proposed construction activities;

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

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

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

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

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





97 Dust management

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

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

c The dust management plan must:

i be prepared by a suitably qualified professional;

ii provide details of sources of dust and particulate emissions;

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

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

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

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

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





98 Transport of soil/fill/excavated material

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

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

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

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

Timing At all times while works are occurring.

99 Haulage access / site management

a Prior to the commencement of works, the applicant must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer.

b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector.

d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials.

e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways.





g Any damage to property (including pavement

damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.

100 Public safety to be ensured

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


STREETSCAPING

101 Streetscaping

a Streetscaping is to occur along the entire frontage of the site with the exception of the ‘construction access point’ while construction of the development is occurring.

b Where there is a delay of greater than 6 months between the construction of the various stages, the applicant is to instate appropriate/ interim streetscaping in the area of the ‘construction access point’ to allow for the use of this area.

Timing Prior to the commencement of the use of Stage 1 and then maintained.

STAGING

102 Staging of the development

The staged construction of the development is to be undertaken accordance with the Staging Plan which forms part of the Approved Plans for the development.

Timing At all times during the construction of the development




ADVISORY NOTES TO APPLICANT

B Conditions contained within the Decision Notice

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

C Referral agencies

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

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

Referral agency Address Jurisdiction

SARA – Department of State Development Infrastructure and Planning

PO Box 3290 Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State controlled road matters

Concurrence agency – Impact on State Transport Infrastructure

D Properly made submissions

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

E Rights of appeal

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

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

Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.




F Applicant responsibilities

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

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

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

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

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

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

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $80,000. 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.




G Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:

a Is not negated by the issuing of this development approval;

b Applies on all land and water, including freehold land;

c Lies with the person or entity conducting an activity; and

d If breached, is subject to criminal offence penalties.

Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care.

Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA.

The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

H 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 charges

Infrastructure contribution policies for the Water, Sewer, Recreation, Stormwater and Transport Networks are no longer applicable and therefore monetary contribution conditions for these networks are no longer included in the decision notice. Infrastructure charges are now levied under an Adopted Infrastructure Charges Resolution by way of an infrastructure charges notice, which accompanies this decision notice.


AMENDED PAGE



J 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.

K Incorporation of Equitable Access at the Detailed Design Stage

All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.


Cr Taylor, Cr McDonald, Cr Tate Against 5 Cr Grew, Cr Gilmore, Cr Robbins, Cr La Castra, Cr Grummitt Abstained 0 Absent 1 Cr Owen-Jones

CARRIED Meeting Adjourned 3.00pm Meeting Reconvened 3.20pm


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CITY PLANNING (Continued) ITEM 3 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A SHOPPING

CENTRE DEVELOPMENT AND FAST FOOD PREMISES, OPERATIONAL WORKS FOR ADVERTISING DEVICES, OPERATIONAL WORKS FOR CHANGE TO GROUND LEVEL, OPERATIONAL WORKS FOR VEGETATION CLEARING - LOT 1 ON SP249393 , LOT 2 ON SP249393 (PART OF) – 406 ASHMORE ROAD AND 21 ROSS STREET, BENOWA – DIVISION 8 PN327468/13/DA1

Cr Owen-Jones remained absent from the room in accordance with his declaration of a real (or perceived) conflict of interest (as per Section 173 of the Local Government Act 2009)

MOTION Moved Cr Robbins Seconded Cr Grew

That Committee Recommendation CP14.0430.003 be adopted, with an addition of the below condition, such that it reads as follows:

Development timing based on Ross Street/Ashmore Road Intersection upgrade to signals

Development works must not commence on the subject site until such time as the Ross Street/Ashmore Road roundabout intersection is upgraded by the Department of Transport and Main Road (or other) to a signalised intersection or unless the developer can reasonably demonstrate to the satisfaction of the Chief Executive Officer and Regional Director of Transport and Main Road (South coast) that the additional development traffic will result in no worsening of the background intersection operation

Timing: as defined in the condition.




AMENDMENT Moved Cr Gates Seconded Cr Betts


Real property description Lot 1 on SP249393, Lot 2 on SP249393 (part of)

Address of property 406 Ashmore Road, Benowa and 21 Ross Street Benowa

Area of property Lot 1 -31,314m2 (gross), 27,928 m2 (net)

Lot 2 – 24,340m2 (gross), 24,175m2 (net)

Decision type Development Permit for a Material Change of Use for Shopping Centre Development and Fast Food Premises;

Development Permit for a Operational Works for Advertising Devices;

Preliminary Approval (s241) for Operational Works for Vegetation Clearing;

Preliminary Approval (s241) for Operational Works for Change to Ground Level

Further development permits Building Works


Vehicle Crossover




Operational Works (Vegetation Clearing)






CENTRE DEVELOPMENT AND FAST FOOD PREMISES, OPERATIONAL WORKS FOR ADVERTISING DEVICES, OPERATIONAL WORKS FOR CHANGE TO GROUND LEVEL, OPERATIONAL WORKS FOR VEGETATION CLEARING - LOT 1 ON SP249393 , LOT 2 ON SP249393 (PART OF) – 406 ASHMORE ROAD AND 21 ROSS STREET, BENOWA – DIVISION 8 PN327468/13/DA1 (CONTINUED)


Cr Taylor, Cr Tate Against 6 Cr Grew, Cr Gilmore, Cr Robbins, Cr La Castra, Cr Grummitt,

Cr McDonald Abstained 0 Absent 1 Cr Owen-Jones The AMENDMENT was CARRIED and became the MOTION.




The MOTION became the RESOLUTION RESOLUTION G14.0506.019 Moved Cr Gates Seconded Cr Betts


Real property description Lot 1 on SP249393, Lot 2 on SP249393 (part of)

Address of property 406 Ashmore Road, Benowa and 21 Ross Street Benowa

Area of property Lot 1 -31,314m2 (gross), 27,928 m2 (net)

Lot 2 – 24,340m2 (gross), 24,175m2 (net)

Decision type Development Permit for a Material Change of Use for Shopping Centre Development and Fast Food Premises;

Development Permit for a Operational Works for Advertising Devices;

Preliminary Approval (s241) for Operational Works for Vegetation Clearing;

Preliminary Approval (s241) for Operational Works for Change to Ground Level

Further development permits Building Works


Vehicle Crossover




Operational Works (Vegetation Clearing)







NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Shopping Centre Development and Fast Food Premises, subject to the following conditions:

APPROVED DRAWINGS



Plan No. Rev. Title Date Prepared by

DA101 3 Proposed Site Plan – Stage 1

26/09/13 Suters

DA102 3 Proposed Site Plan 26/09/13 Suters

DA400 1 Stage 1 Elevations 06/05/13 Suters

DA401 1 Stage 2 Elevations 06/05/13 Suters

DA500 1 Site Sections 06/05/13 Suters

A700 1 Ross Street Entry View

06/05/13 Suters

A701 1 Ashmore Road Roundabout View

06/05/13 Suters

A702 1 Lakeview Terrace View

06/05/13 Suters


i Provide a pedestrian link between PAD1 and PAD2 in stage 2 that is not required to cross through a service area.

ii Remove the proposed pedestrian crossing in the eastern part of the car park but maintain any kerb ramps.

iii Show ‘no stopping’ yellow line marking within the bike lane and adjacent to the kerb for the full frontage of the development to Ashmore Road.

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





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

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


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.





b Site address;










4 Dedication of land

a The dedication of land (for road widening) as conditioned by the development permit will result in the ‘Rearranging the boundaries of a lot by registering a plan of subdivision’.

b The applicant shall prepare a subdivision plan showing the land to be dedicated. The subdivision plan must be lodged for compliance assessment.

c The subdivision plan must be to the satisfaction of the Chief Executive Officer, and at no cost to Council.

d The applicant must provide evidence to Council that the subdivision plan has been registered with the Department of Natural Resources and Mines.

Timing Prior to the commencement of use.

5 Changes requiring further approval

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

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

Information note:

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





OPEN SPACE

6 Requirement for turf in the road reserve

a Rolls of ‘B Grade’ turf (as a minimum) must be laid to the full width of all road reserves, from the back of kerb to the property boundary.

b Turf must be installed and showing signs of healthy growth.

Timing Prior to the ‘final inspection’ for private landscape works.


7 Access easement over the combined entry off Ross Street

a An access easement/s along the entire length of the combined entry road between Ross Street and the internal roundabout to the west must be provided, with reciprocal access rights between Lot 1 on SP249393 and Lot 2 on SP249393 as shown on the approved plans.

b The design and construction of the access must be undertaken to the satisfaction of the Chief Executive Officer, at no cost to Council.

c The applicant must provide to Council a certification from a registered land surveyor that the easements are correctly located over the combined entry road.

d The terms of the easements must be to the satisfaction of the Chief Executive Officer and must include reference to the responsibilities of the Grantor/Grantee for the ongoing maintenance and subsequent replacement of the surface of the easement corridor.

e Easement plans and associated documents must be duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for endorsement.

f The applicant must provide evidence to Council that the survey plan and easement documents have been registered with the Department of Natural Resources and Mines.

Timing Prior to the commencement of the use of Stage 1 and maintained at all times.




8 Operational work application required

The applicant must apply for and obtain a development permit for operational work from Council for the design and construction of all works within the road reserve. Approval of plans, which show the location of paths, turn lanes, medians or the like, is not to be taken as an approval to construct such paths.


9 Off street car parking facilities Off-street car parking facilities must be designed constructed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council in accordance with the following:

a The off-street car parking facilities must be designed in accordance with:

i The plan/s of development referred to in this development approval; and

ii Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking.




10 Freely accessible car parking

All car parking spaces must be freely accessible to employees and bona fide visitors for the duration of any visit to the site. Car parking spaces for employees and visitors must be provided free of cost and have no gateways, doors or similar devices which restrict vehicular access.

Timing At all times the use is open for business.




11 Bicycle parking and storage

a Bicycle parking and storage facilities must be provided to the satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with:

i The most recent version of Queensland Development Code MP 4.1- Sustainable Buildings; and

ii AS2890.3-1993 – Parking Facilities – Part 3: Off-street bicycle parking facilities.

b The bicycle parking spaces are to:

i enable wheels and frame to be locked to the device without damaging the bicycle

ii be located outside pedestrian movement paths

iii be accessible from the road

iv be protected from manoeuvring motor vehicles and opening car doors

v be as close as possible to the cyclists ultimate destination.

vi be well lit by appropriate existing or new lighting be protected from the weather.

Timing Established prior to the commencement of use and maintained at all times.




12 Off street commercial vehicle facilities

Off-street commercial vehicle facilities must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer in accordance with the following: a The off-street commercial vehicle facilities must be

designed in accordance with:


ii Australian/New Zealand Standards AS/NZS 2890.2:2002 – Parking Facilities – Part 2: Off-Street Commercial Vehicle Facilities and A Concrete wheel stops are to be provided

at the nose end of all car parking spaces that front onto pedestrian walkways.

b The off-street commercial vehicle facilities must only be used for short term loading and unloading of vehicles.

c The off-street commercial vehicle facilities must be drained, sealed and line-marked to a reasonable standard acceptable to a RPEQ qualified Engineer.


13 Loading and unloading a Loading and unloading operations must be

conducted wholly within the site. b Vehicles waiting to be loaded and unloaded must

stand entirely within the site. c Vehicles must enter and exit the site in a forward

gear.





14 Footpaths and bikeways design and construction

a The applicant must design and construct i a 2.5m wide concrete path along the full

frontage of the development site to Ashmore Road and Ross Street.

ii a 2m wide concrete path from the existing section of path on the northern side of Ashmore Road to the bus stop on the eastern side of Warrungen Way.

b The footpaths/bikeways must be designed and constructed in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings subject to any variations approved by Council in issuing a development permit for operational work (works for infrastructure) for the footpath/bikeways.

Timing Prior to the commencement of the use.

15 Land dedication for road widening

Any land required to construct the external road works on Ashmore Road must be dedicated, at no cost to Council and to the satisfaction of the Chief Executive Officer. This includes but is not limited to the left turn splitter island at the left in/left out site car park access at the service road being included entirely within the road reserve, and providing a 4.5m verge through the truncated corner.





16 External Roadwork’s – Ashmore Road- classification,

design and construction The following roadwork’s (including associated stormwater drainage, line-marking, signage, pavement construction and surfacing and intersection treatments) must be designed and constructed, to the satisfaction of the Chief Executive Officer and at no cost to Council, in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings: a Design and construct the service road access on

Ashmore Road to a two lane urban classification (for pavement depth purposes) generally in accordance with: i The plan/s of development referred to in this

development approval. b To comply with the requirements for deceleration

and acceleration lanes from Austoads Guide to Road Design Part 4A- Unsignalised and Signalised Intersections.





STREET LIGHTING

17 Street lighting to the combined entry road off Ross Street – design and installation

a The applicant must design and install a street lighting system (including connections and energising) to the combined entry road off Ross Street, at no cost to Council.

b The street lighting system must meet the following design and installation requirements:

i Achieve a minimum lighting level of Category P4 lighting in accordance with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements;


iii Be acceptable to the electricity supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The street lighting system must be maintained by the Body Corporate.

d The applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) (who specialises in electrical reticulation and street lighting) that the works have been completed in accordance with the requirements of this condition.





INTERNAL ROADS

18 Combined entry road off Ross Street – design and construction

a The absolute maximum gradient of the internal roads must not exceed 17%.

b The pavement must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material) and surfaced with asphalt.

c The design and construction of the pavement must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking.

d The pavement construction must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council.

Timing The RPEQ certification must be provided to Council prior to the commencement of the use of Stage 1.

TELECOMMUNICATIONS

19 Telecommunications – MCU development

The applicant must:

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

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

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

Timing Prior to the commencement of use of Stage 1.




ACOUSTICS

20 Acoustic report

a The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by ‘David Moore & Associates’ dated 5/9/2013 (Reference No. R13035B/D2753/Rev.3/5.09.2013).

b Any alteration to the design or construction 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.

Timing Prior to the issue of a development permit for building works.

21 Acoustic compliance report

An acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing Prior to the commencement of the use




22 A revised acoustic report required prior to building approval

A revised acoustic report must be submitted and approved by Council, detailing the following:

a The expected impact of noise from mechanical plant and equipment on the nearby noise sensitive premises. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all noise sources (e.g. mechanical plant and equipment) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines.

c The required control measures to achieve compliance with the applicable criteria as detailed in the acoustic report prepared by ‘David Moore & Associates’ dated 5/9/2013 (Reference No. R13035B/D2753/Rev.3/5.09.2013).

The development must be designed and constructed in accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

Timing Prior to the issue of a development permit for building works.

23 Acoustic barrier

a An acoustic barrier must be designed and constructed in accordance with the recommendation detailed in the acoustic report prepared by ‘David Moore & Associates’ dated 5/9/2013 (Reference No. R13035B/D2753/Rev.3/5.09.2013).

b The acoustic barrier is to be finished in colours which soften its visual appearance, while allowing the structure to blend into the surrounding landscaping.

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




24 Delivery and collection hours

Delivery and collection activities must be conducted between the hours of 7:00am and 10:00pm only.


25 Alfresco dining hours

Alfresco dining associated with the commercial component of the development is restricted to between the hours of 7:00am and 10:00pm daily.


WASTE

26 Waste management plan

The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by ‘EnviroCom’ dated August 2013 (Reference No. B01-194-13-129). Any proposed changes to the approved WMP must be submitted to, and approved by, Council prior to implementing any proposed structural changes.

Timing Prior to commencement of the use.

27 Common waste storage points

The bulk bin storage point within the building must be located and constructed within a purpose-built storage rooms, in accordance with ‘Proposed Site Plan’ prepared by ‘Suters’ dated (Drawing No. DA102, Issue 3), and must comply with the requirements of section 11.3 of Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a air-locked

b fly and vermin proofed

c used solely for the storage of waste

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

e graded to fall to a drainage point

f drainage point to be connected to sewer in accordance with trade waste requirements

g provided with a hosecock for cleaning the bins

h easily accessible from within the development





28 Ro-Ro Bins – Storage & Servicing Point- External

The Ro-Ro Bins storage and servicing point must be located in accordance with ‘Proposed Site Plan’ prepared by ‘Suters’ dated (Drawing No. DA102, Issue 3),and be designed and constructed in accordance with the requirements of Section 11.4 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Constructed hardstand area with a solid

concrete base or acceptable equivalent that is of sufficient strength to support the loaded weight of the bin and the truck

b Allow for at least an additional one (1) metre clearance surrounding the bin and associated equipment

c Allow additional space for compactor and bin-lifter equipment if applicable

d Be well lit and easily accessible from within the development

e Screened to ensure bins are not visible from passing vehicle and pedestrian traffic external to the site, or inhabitants of neighbouring properties

f Sufficient access and clearance for the waste collection vehicles to service the bin, including unobstructed overhead space for the lifting action of the hook-lift waste collection vehicle

g Sufficient access to allow a hook-lift truck to reverse to the bin for servicing

h Clearly separated from car parking bays, loading bays, footpaths and pedestrian access and other similar areas.





29 Food operations

Any food operations on the premises must comply with the Food Act 2006, Food Regulation 2006 and the Australia New Zealand Food Standards Code. The operator must apply for the necessary Food Licence for Fixed or Mobile Food Premises from Council’s Health, Regulatory & Lifeguard Services Branch.


30 Trade waste approval required

A trade waste approval must be obtained from Gold Coast Water. All discharges must be in accordance with Council’s sewer reticulation system admission limit. Further information may be obtained from Gold Coast Water on 1300 366 692.

Timing Prior to the discharge from the premises of any trade waste to Council’s sewer reticulation system.

AMENITY

31 Restricted paint colours

Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.














35 Fencing

a The applicant must submit to Council details of any fencing proposed along the site frontages to Ashmore Road and Ross Street as well as along the site’s side boundaries in terms of permeability, colours, materials and dimensions.

b Any fencing to be located along site’s frontages fencing must be a maximum height of 1.8 metres and be of an open style with a minimum of 50% permeability and incorporate recessed landscaping intervals.

c Fencing must be erected and maintained in accordance with the approved fencing details.

Timing The fencing details must be submitted and approved prior to the earlier of, commencement of the use of the premises or the erection of any fencing on the premises.







SEWERAGE


a The development must be connected to Council’s sewer reticulation system at the applicant’s cost.

b The size of the sewerage property service connection shall be 150mm in accordance with Council’s Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Private internal sewer reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002.

Timing Prior to commencement of use of the first stage of development.

38 Design, construction and standard of sewer reticulation

The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant (including all sewer reticulation and sewage pump station infrastructure to be dedicated to Council) must be in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.


39 Connection point

a The proposed manhole to be located at the south western corner of the development site must be used as the connection point, unless otherwise approved by Gold Coast Water.

b The applicant shall construct a new manhole at their own cost, over the existing 150mm sewer main generally in accordance with submitted drawing number SKC061 B, dated 24/07/13 by Bornhorst & Ward Consulting Engineers.





40 Operational work (works for infrastructure)

application required

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



Live connection to the existing sewer main shall be performed at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit & Handover Section (phone 1300694222) to make arrangements for the connection.



a The abandoned sewer main as shown in submitted drawing number SKC061 B, dated 24/07/13 by Bornhorst & Ward Consulting Engineers shall be removed, at no cost to Council.

b Any redundant sewer property service connections within the site or servicing the development must be removed.

c The applicant must provide written evidence to Gold Coast Water that this has occurred.







a The development must be connected to Council’s potable water reticulation system, at the applicant’s cost.

b Private water reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002.


44 Design, construction and standard of water supply reticulation

The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant (including all water supply reticulation infrastructure to be dedicated to Council) must be in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.


45 Connection point

The existing 225mm main in Ross Street must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


46 Water relocation along Ross Street and Ashmore Road

The applicant must relocate water mains along the full frontage of the development site in Ross Street and Ashmore Road within 1.2 to 2.0 metres of their new property boundaries, unless otherwise approved by Council.

The relocation of the water mains is to occur at the applicant’s cost.





47 Operational work (works for infrastructure)

application required

The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including relocation of water mains along Ross Street and Ashmore Road) where the water infrastructure assets are to be owned and/or maintained by Council.


48 Installation of property service, water meter box and meters

The applicant must:

a Provide property service and water meter box at the boundary of the development site in accordance with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The installation of the property service, including tapping and water meter box including live connection, shall be installed by Gold Coast Water at the time of building application and at the cost of the applicant.

c All development shall comply with Clause 4.2.7 of Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines.

Timing Prior to commencement of use of the first stage of development. Timing At all times.

49 Individual sub-metering to be provided

The developer shall provide individual sub-metering for all separate retail tenancies within the development including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Council’s Plumbing & Drainage Section.

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

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





Live connection to the existing water main shall be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.


51 Supply standard

The applicant must provide water supply to the standard specified in Section 4 and 7 of Gold Coast City Council’s Land Development Guidelines.


52 Fire loading

Fire loading must not exceed 30L/s for commercial and industrial uses, unless otherwise approved by Gold Coast Water.











ii Be in general accordance with the

Statement of Landscape Intent, being plan 051-SD100,rev no C, title LANDSCAPE PLAN CONCEPT PLAN – STAGE 1, date 19.08.13, prepared by 02LANDSCAPE ARCHITECTURE, no 051-SD101, rev no C, title LANDSCAPE PLAN CONCEPT PLAN – STAGE 2 , date 19.08.13, prepared by 02LANDSCAPE ARCHITECTURE, plan no 051-SD200, rev no D, title LANDSCAPE PLAN CONCEPT PLAN & SECTION, date 19.08.13, prepared by 02LANDSCAPE ARCHITECTURE and plan no 051-SD201, rev no D, title LANDSCAPE CONCEPT SECTIONS, date 23.08.13, prepared by 02LANDSCAPE ARCHITECTURE, plan no 051-SD202, rev no A, title LANDSCAPE BOULEVARD DETAIL PLAN, date 19.08.13, prepared by 02LANDSCAPE ARCHITECTURE, plan no 051-SD203, rev no B, title LANDSCAPE CONCEPT SECTION AND ELEVATION, date 19.08.13, prepared by 02LANDSCAPE ARCHITECTURE






54 The required landscaping plan must also

demonstrate the following:

a Signature tree species must be native evergreen shade trees with a minimum bag size of 200litre at the time of planting.

b Car park and feature tree species must be native evergreen shade trees with a minimum bag size of 100litre at the time of planting

c Palm species must be a minimum 3 metres in height at the time of planting.

d Feature/ screen shrub species must be a minimum 300mm pot size at the time of planting.

e The landscape plan must include the approved location and detailed design drawings of the bio-retention system which is required as part of the stormwater management for the site. The plan must incorporate an appropriate list of species in the plant schedule, which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those shown in Council’s Water Sensitive Urban Design Guidelines.

HYDRAULICS













57 Stormwater management plan to be complied with

a The submitted stormwater management plan being, "Engineering Report/ Stormwater Management Plan, Revision B" dated August 2013 prepared by Bornhorst +& Ward Pty Ltd is conceptually approved.

b The applicant must submit certification from a qualified stormwater professional (RPEQ or equivalent) confirming that all works have been carried out and completed in accordance with the conceptually approved report.

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

58 Stormwater management devices design drawings and supporting information

a The applicant must submit to Council the detailed design drawings (to scale) of the stormwater detention systems. This must include the stage-storage and stage-discharge relationship, inlet/outlet details with levels in mAHD, cross sections, scour protection measures and all other engineering details required for civil engineering assessment.

b The above design drawings must be submitted in conjunction with certification from a qualified stormwater professional (RPEQ or equivalent) confirming that the design drawings are in accordance with the conceptually approved stormwater management plan, and generally in accordance with QUDM and GCCC Land Development Guidelines. The certification must be supported by hydraulic modelling/calculations.

Timing At the time of lodgement of a development application for operational work (works for infrastructure or change to ground level), or, if no OPW application is required, prior to commencement of work.




59 Certification of no adverse hydraulic impact at the

Legal point of discharge

The applicant must submit certification from a qualified professional (RPEQ or equivalent) confirming no adverse hydraulic impacts, due to the proposed development, to the existing drainage system within Easement D (refer to Drawing # 12288PRO_A dated 16 October 2012 by Bennett + Bennett Pty Ltd) and to the drainage system within Ashmore Road reserve (from the detention basin) for all storm events up to and including the 100 year ARI event.

Timing At the time of lodgement of a development application for operational work (works for infrastructure or change to ground level), or, if no OPW application is required, prior to commencement of work.

60 Certification that stormwater management treatment train implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater confirming that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the commencement of the use of the premises.

61 Certification of no adverse hydraulic impact

Immediately after completion of bulk earthworks, the applicant must submit to Council certification from a registered professional engineer (RPEQ or equivalent) specialised in hydraulics, confirming that the bulk earthworks will not cause any adverse hydraulic impact external to the site. The certification must be supported with the necessary evidences.

Timing The certification must be submitted Immediately after completion of bulk earthworks.

62 Public safety fence around the detention basin

Public safety fence must be installed around the detention /bio-retention basin with a lockable maintenance gate. The safety fence must be designed in accordance with current industry standard.





63 SQIDs maintenance management

a The applicant must prepare a site specific Stormwater Quality Improvement Devices (SQID’s) Management and Maintenance Plan by a suitably qualified professional (RPEQ or equivalent). The SQID maintenance management plan must include the followings in addition to other standard information:

i The estimated annual maintenance cost must be broken-down into its elements and demonstrate that all related costs (e.g., installation, inspection and maintenance, reporting, health and safety plans, area of land required to install the device etc.) are included in the total cost.

ii The size and numbers of the devices (no. of filtration units, trash screen etc.) for the Storm360 product must be determined based on the expected performance in a wet year, and taking into consideration of reduction in performance over the period of life of the cartridge / filter media.

b The owner/body corporate must be responsible for implementation of the maintenance management plan in accordance with the procedures outlined in the plan.

c The owner/body corporate must enter into a long-term maintenance agreement with an appropriate entity for the life of the development. A copy of the maintenance agreement must be submitted to council for record prior to commencement of the use of the premises.

d The owner/body corporate must submit to Council for record a maintenance certificate each year from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management. The certificate must confirm that the maintenance has been carried out and the stormwater treatment devices are functioning in accordance with the approved stormwater management plan to achieve operational phase water quality objectives.

Timing Prior to commencement of work on site.




e In case of failure to achieve the designed

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

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

EROSION AND SEDIMENT CONTROL


a Sediment, erosion and dust control measures must be implemented in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Additional sediment, erosion and dust control measures must be implemented as directed by Council officers upon site inspection.

b Immediately after completion of the construction of an open drain:

i The open drain must be turfed, unless approved otherwise in a Council approved stormwater management plan; and

ii A turf strip must be placed at 90 degrees to the invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

c Sediment control structures (e.g. sediment fence) must be placed at the base of all materials imported on-site to trap any sediment runoff.

d A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any sediment laden stormwater from mixing with outside clear stormwater.

Timing During building/construction works.




e The following inspection program must be carried out

until the site is fully rehabilitated:

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

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

f To minimise unvegetated areas:

i Construction activities must be staged;

ii Filled areas must be seeded immediately on completion; and

iii No area should remain exposed (unvegetated) for more than 2 weeks unless construction work is being undertaken on that area.

g All water from the site must be directed through a sediment pond prior to leaving the site. The sediment ponds or other approved devices are to be maintained in good condition until the site is fully rehabilitated.

h Prior to discharging of any water from the site during construction, including dewatering discharge, the applicant must achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009).

i Water quality must be monitored in accordance with Section 7.5 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Asset Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.




65 Construction of sediment basin

a The sediment basin(s) for construction phase must be designed in accordance with Appendix B of the Best Practice Erosion and Sediment Control (IECA Australasia, November 2008).

b Each sediment basin must have the capacity to treat flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered as soon as practicable after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways are designed and constructed to be structurally sound for 10 year ARI rainfall event under normal circumstances.

e A high-flow bypass system must be included (if necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed and disposed of appropriately without causing water contamination.




66 Inspections and reporting

a All erosion and sediment control measures must be inspected on a weekly basis and following runoff events until the site is fully rehabilitated.

b All drainage control structures such as Diversion Banks, Diversion Channels and Temporary Culvert Protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following:

i Details of the nature and cause of non-conformance; and

ii Details of the required corrective actions.

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

d A monthly summery of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

i ESC Inspection Checklists;

ii Description of any incidents of non-conformance;

iii Results of corrective action; and

iv Revisions to the ESCP.




CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

67 Casual Surveillance

The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and to promote opportunities for casual surveillance. This is to include, but is not limited to:

a Visibility through vegetation to be clear between the heights of 0.6m and 1.8m adjacent to the rear service road, staff car park and pedestrian routes within the development.

b Clear sightlines along pedestrian connections, from the interior of the external tenancies to surrounding areas.

c Shop interiors are configured to allow staff to have maximum visibility to the entrance/exit and along retail aisles

d A vegetation management plan to ensure clear sightlines and visibility is maintained throughout the site.

e Safe and accessible paths of travel including clear directional signage to be maintained during the construction phase. Barriers to be placed in a way that does not create hidden corners or potential entrapment zones.

Note: For further recommendations on safe design strategies, the applicant is encouraged to visit the Queensland Government Crime Prevention Through Environmental Design (CPTED) Guidelines website at http://www.qld.gov.au/law/crime-prevention/





68 Lighting design and installation to promote community

safety

a The applicant must design, install and maintain a lighting system (including connections and energising) to illuminate areas intended for night time use (including all car parking areas, pathways and activity areas external to the building), at no cost to Council, prior to the earlier of compliance assessment or the commencement of the use.

b The lighting system must meet the following design and installation requirements:

i Achieve a minimum lighting level in accordance with Australian Standard AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements as follows:

A For all pathways and cycleways meet the appropriate category as set out in Table 2.2 of AS1158.3.1 (i.e. Categories P1 to P4).

B For all outdoor activity areas: meet the appropriate category as set out in Table 2.3 of AS1158.3.1 (i.e. Categories P6 to P8).

C For all car parking areas meet the appropriate category as set out in Table 2.5 of AS1158.3.1 (i.e. Categories P11a, b, c and P12).

D Include vandal resistant fixtures;


iii Be acceptable to the electrical supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The lighting system must be maintained by the owner/Body Corporate.

Timing Prior to the commencement of the use on the site.




d The applicant must provide to Council, prior to the

earlier of compliance assessment or the commencement of use, a certification from a suitably qualified electrical engineer (who specialises in electrical reticulation and lighting) that the works have been completed in accordance with the requirements of this condition.

Note: To reduce opportunities for vandalism, it is recommended that lighting be mounted at least 3 metres above ground level and that bollard style lighting be avoided.

69 Detailed design of built elements to incorporate graffiti prevention principles

The applicant must apply graffiti prevention principles to reduce opportunities for graffiti by restricting access to available surfaces, maximising opportunities for casual surveillance, and/or facilitating easy repair. This is to include, but not be limited to, the following design requirements:

a The owner/Body Corporate shall remove or cover any graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.

b Where exposed block work is proposed to the rear façade of the supermarket building, it shall be painted in a dark colour or an anti-graffiti coating shall be applied, to a minimum height of three metres.

c Vegetation shall be planted against exterior building walls and fences, including acoustic fences, where possible (without creating concealment areas).

d Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti





MECHANICAL SURVEILLANCE

70 CCTV

a Mechanical surveillance (e.g. CCTV) is to be installed at each entrance/egress to the supermarket building where the entrance/egress fronts the rear service lane or staff car park.

b All mechanical surveillance (e.g. CCTV) footage shall be retained for a minimum period of 30 days and provided to Police upon request.


community saftey

71 Safety of staff

a For uses, which operate 24 hours a day, the applicant shall provide safety training to new and long-term staff members to ensure staff are kept up-to-date on the latest safety policies and security procedures affecting the premises. This shall include, but not be limited to:

i Late night/early morning security measures designed to protect staff (i.e. procedures for limiting access to servery counters after hours and use of security alarms and panic buttons) and procedures for reducing the opportunity for aggressive or criminal behaviours and robbery;

ii Procedures to help reduce anti-social behaviour on site with particular emphasis on the outdoor seating and car park areas.





ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

72 Connection to, alteration or realignment of Council infrastructure

a The applicant must, in respect of any connection to, alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following:

i Ensure that the proposed works comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

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

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

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

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

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

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




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

BUILT FORM

73 Design and treatment of topmost storey

The topmost storey of all buildings (including the roof and any service equipment and plant rooms) must be designed and treated so as to visually integrate with and complement the design and finish of the rest of the building, to the satisfaction of the Chief Executive Officer.










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




iv Maintenance of safe pedestrian movement across the

site’s frontage/s (including by people with disabilities);











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

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

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




75 Noise management


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

c The noise management plan must:


ii provide details of expected noise sources;

iii include an assessment of the predicted noise levels from all proposed construction activities;

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

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

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

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

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





76 Dust management


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

c The dust management plan must:







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










e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.







damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.














80 Application for compliance permit for water supply plumbing work required




Information note:



81 Application for compliance permit for fire services plumbing work required

The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property.

Information note:

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





82 Application for compliance permit for sewerage works

required

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

Information note:



NATURE OF DECISION

B Council approves the issue of a development permit for the following operational work assessable under the planning scheme:

Operational work (advertising device)

All other aspects of assessable operational work are not approved by this approval.

The approval is subject to the following conditions:

APPROVED DRAWINGS

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

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


DA400 - Stage 1 Elevations 27 March 2013

Suters Architects

SN000 - Proposed External Signage

27 March 2013

Suters Architects




GENERAL CONDITIONS

2 Illumination Devices

The illumination of the advertising devices is not to flash, be animated and/or cause a nuisance.

Timing At all times

3 Separate Approval required

Advertising devices that do not form part of this development approval and are visible from a public place will require a separate development permit and licence approval under Council’s Local Law No. 16 (Licensing) 2008 and Subordinate Local Law 16.8 (advertisement) 2008.

Timing Prior to the erection of Advertising Devices not forming part of the approval

4 Licence approval

Advertising devices that have gained development approval and are visible from a public place will also require a licence approval prior to the display of their specific content. The applicant should contact the City's Health Regulatory & Lifeguard Services Branch on (07) 5581 6140 to discuss approval requirements.

Timing Prior to the erection of to the display of content

5 Siting of Advertising Devices

Advertising devices must be placed entirely within the subject premises and no part of the advertising device is to encroach on, above or below any adjacent land.

Timing At all times

6 Separation from services or easements

Advertising devices are not to be placed on, above, below or near City services or easements without the prior written approval of the Council of the City of Gold Coast. For further information on building near or over City services or easements, please email [email protected].

Timing Prior to the erection of Advertising Devices




7 Compliance with standards

Advertising devices must comply with the requirements of the Building Act 1975 and the Building Regulations 2006 (namely building work approval) please contact an Approved Qualified Private Certifier.

Timing At all times

NATURE OF DECISION

C Council approves the issue of a preliminary approval for the following operational work assessable under the planning scheme:

Operational work (vegetation clearing)





This preliminary approval does not approve vegetation clearing or damage. Prior to the commencement of such works, 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)]:


b A detailed tree survey and retention plan in accordance with condition titled ‘Detailed tree survey and retention plan required’;





c A letter from an DEHP-approved spotter-

catcher and a fauna management plan prepared in accordance with the condition titled ‘Fauna surveys and management plan required’;

d A vegetation management plan, detailing methods to be employed on site to ensure the survival and vigour of any vegetation to be retained adjacent to works and staging/direction of clearing.

e A sediment and erosion control and construction management plan.

f Details of any compensatory measures required by condition titled ‘Propagation management plan required for significant and city wide significant species’.







2 Detailed tree survey and retention plan required

The applicant is requested to provide a tree survey and retention plan. This plan should be prepared by a suitably qualified and experienced professional in accordance with the following, as a minimum:

a All protected vegetation within or with tree protection zones within the area of works should be identified and numbered for ease of reference.

b Basic details of each tree identified should be provided including as a minimum species name, height, girth and whether it is a significant species, city wide significant species and/or of habitat value (contains nests, hollows or has scratches on trunk or scats at base, etc.).

c The location of these protected size trees, their tree protection zones and structural root zones with respect to the area of works should be indicated on a site plan and all trees proposed for removal should be clearly defined.

Timing To be included within the OPW (Vegetation Clearing) application.




COMPENSATORY MEASURES

3 Propagation management plan required for significant and city wide significant species

A city wide significant species, being Macadamia integrifolia was identified on vegetation survey plans as existing in the South-East of the subject site. The applicant must ensure that any significant or city wide significant species existing on site are retained wherever possible. If any individuals cannot be retained, 5 replacement plants of equivalent species must be planted within the site. Any replacement plantings required must be incorporated into private landscaping plans and a propagation management plan should be prepared by a suitably qualified and experienced professional. The propagation management plan should include the following:

a Details of how the required number of compensatory plantings are to be propagated from existing specimens on site;

b A schedule of works; including timing as to when collection of seeds/cuttings will occur, when healthy establishment of tube stock is likely to be achieved and when these will be planted on site; and

c A basic plan indicating where replacement plantings will be planted on site.

Timing

Details to be included within OPW (Vegetation Clearing) application and OPW (Private Landscaping) application.




FAUNA MANAGEMENT

4 Fauna surveys and management plan required

A dam exists on the subject site and the ecological report prepared states that two trees were noted as containing hollows, however it was considered likely that many of the large trees on site would contain hollows, fissures or nest features utilised by a number of bird, micro-bat and aboreal mammal species. In addition, during a late afternoon site visit conducted by Council a couple of flying foxes were observed flying out of a copse of Bunya Pines. The applicant must therefore engage a qualified and experienced DEHP-approved spotter-catcher, ecologist, environmental scientist or similar to conduct and prepare the following:

a Fauna surveys for both diurnal and nocturnal fauna, specifically targeting species associated with the dam on site and nocturnal mammals (flying foxes, possums, gliders, etc.).

b A fauna management plan should be prepared and submitted for approval. This should include the following:

i Methodology and results of fauna surveys conducted, including species and potential habitat encountered;

ii Any other species highly likely to occur on site;

iii How works (including tree clearing and any dewatering of dams) will be undertaken to ensure the protection of fauna and any possible preservation of habitat;

iv Where any fauna encountered during dewatering or tree clearing will be directed or relocated (if necessary);

Timing

Prior to any future Operational Works application or in conjunction with the earlier of an OPW (Vegetation Clearing) or OPW (Changes to Ground Level) application.




v Details of compensatory measures for

the loss of any habitat (e.g. as a minimum ensure ‘bird-preferred’ species are incorporated into landscaping design).

A ‘DEHP-approved spotter-catcher’ is a person who holds a rehabilitation permit with an extended authority issued by the Department of Environment and Heritage Protection specifying that the holder may take, keep or use an animal whose habitat is about to be destroyed by human activity.

NATURE OF DECISION

D Council approves the issue of a preliminary approval for the following operational work assessable under the planning scheme:

Operational work (change to ground level), specifically:

a Residential, Commercial or Industrial lot

b Car parking area






APPROVED DRAWINGS

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

The development will need to 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.

Plan No. Rev.

Title Date Prepared by

SKC010 A Earthworks Layout 01/05/13 Bornhorst + Ward Consulting Engineers

SKC031 A Site works & Drainage Plan Sheet 1 – Option 1

16/03/13 Bornhorst + Ward Consulting Engineers

SKC045 A Site works Sections 01/05/13 Bornhorst + Ward Consulting Engineers

Drawings as notated above will need to be amended as necessary to comply with any conditions contained within the MCU/ROL component of this decision notice.






a Prior to the commencement of works, the applicant will need to provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer.

b Loading/unloading operations will need to be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

c All reasonable methods will need to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector.

d The site will need to be maintained in a clean and tidy state at all times. Satisfactory arrangements will need to be made for the collection, storage and disposal of all waste materials.

e Non-recyclable debris will need to be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

f The applicant will need to ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways.






damage) will need to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.

3 Water usage

The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used:

a The use of the recycled water will need to be in accordance with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;

b The applicant will need to first complete the Recycled Water User Operator Training with Gold Coast Water, in accordance with the RWMP. Proof of completion of the training course will be by issue of a valid certification card;

c The applicant can only contract to use a recycled water carrier who is accredited and certified by Gold Coast Water. Accreditation requires a current authorised agreement between the water carrier and Gold Coast Water; and





d The water carrier is only allowed to employ

certified tanker operator/drivers, who have completed the recycled-water training course with Gold Coast Water and hold a valid certification card.

Information note:

To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692.

Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.




EARTHWORKS DESIGN AND MANAGEMENT

4 Retaining structures – design and construction

a Retaining structures and associated footings will need to be designed and constructed in accordance with AS 4678 – 2002 Earth-retaining structures.

b Retaining structures and associated footings will need to comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to:

i Section 3.2.7 (Cut/fill batters and earth retaining structures); and

ii Section 7.7 (Building near or over Council water, sewer and/or stormwater services).

c Retaining structures adjoining roads, car parking areas or other structures will need to be designed and constructed to take surcharge loadings. Design drawings will need to indicate the point of discharge for surface stormwater and subsoil drainage that is collected behind the retaining structures.

d Retaining structures proposed within private lots must not encroach onto existing or proposed road reserves, public open spaces or easements. The structures (including associated footings) are to be located within the proposed residential property and are to be founded such that any excavation by Council or service authorities up to the boundary will not result in additional expense, safety measures or rectification being necessary to perform such works.

e Retaining structures will need to be made of durable materials not subject to rot and insect attack and have a minimum design life of 60 years.





5 Retaining structures – inspections and certifications

a A design and inspection intent certificate signed by a RPEQ will need to be submitted to the Contributed Assets Section of Council.

b Structural certification for the design and construction of all non-proprietary products associated with details will need to be provided to the Contributed Assets Section of Council prior to the works being accepted ‘On Maintenance’.

c The retaining structure/s will need to be inspected at the following stages:

i Footing (including excavation and reinforcement);

ii Drainage behind the wall (including geo-fabric, backfill and perforated pipe) and completion (including point of stormwater discharge).

d A final certificate signed by a Registered Professional Engineer Queensland (RPEQ) certifying the adequate completion of the retaining structure/s and each stage of inspection as stated above will need to be provided to the Contributed Assets Section of Council.

Timing The design and inspection intent certificate signed by a Registered Professional Engineer Queensland (RPEQ) will need to be submitted to the Contributed Assets Section prior to commencement of construction of retaining structures.

A final certificate signed by a RPEQ will need to be provided prior to formal acceptance of the works ‘On Maintenance’.

6 Retaining structures utilising proprietary products

Retaining structures utilising proprietary products will need to be designed and constructed in accordance with recommendations of the manufacturer.

Timing Prior to being accepted ‘On Maintenance’.




7 Compliance with Australian Standards

a The earthworks will need to be carried out in accordance with AS 3798-1996 Guidelines on earthworks for commercial and residential developments.

b Supervision of bulk earthworks will need to be to Level 1 and the frequency of field density testing will need to be in accordance with Table 8.1 of AS 3798-1996.

c Material will need to be placed in layers, watered and compacted to achieve the specified density ratio as monitored in Table 5.1 - Guidelines for Minimum Relative Compaction of AS 3798-1996.

Timing At all times while earthworks are occurring.

8 Cut and fill batters - design and construction

a Cut/fill batters will need to be constructed in accordance with section 3.2.7 of Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings.

b Batters must not straddle any lot boundaries. Where batters are associated with a private lot, they will need to be contained wholly within the lot and must not extend into existing or proposed public open space and/or bushland reserve. Where batters are proposed along the interface of a road and a park, the batter will need to be contained wholly within either the road reserve or park reserve, as approved by the Chief Executive Officer or as required by conditions of this approval.

c All platforms resulting from cut/filling will need to have a minimum slope of 1 in 150 and comply with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings for drainage of allotments to the street.

d Benching is required where any proposed freestanding batter height exceeds 2.5 metres. The minimum width of benching will need to be 1 metre with a minimum slope of 1 in 100 towards the lower face. The absolute maximum height of any freestanding cut/fill batter with benching is 5 metres.





9 Stabilisation of batters

All batters will need to be stabilised within 10 days of the completion of bulk earthworks. Stabilisation techniques may include hydro mulching, returfing, erosion resistant blankets etc.


10 Removal of excess fill

Where it is proposed to remove excess fill from the site, the following information will need to be provided to the Contributed Assets Inspector for approval:

a The amount of fill to be removed;

b The location of the spoil site; and

c The proposed haul route.

Timing Prior to the commencement of works.

11 Vibratory compaction equipment

If the use of vibratory compaction equipment within 100 metres of any building or structure is proposed, the applicant will need to implement appropriate construction procedures including monitoring and the undertaking of building inspection reports.

Timing At all times during the use of vibratory compaction equipment.

12 Safety fences, barriers and guard railing

The applicant will need to install adequate safety fences, barriers and guard railing to ensure any reasonably foreseeable risk of injury arising from the earthworks or potential for tampering with the earthworks are minimised as far as reasonably practicable.

Timing Prior to the earthworks being accepted ‘On Maintenance’.




HYDRAULICS


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




Timing At all times once works have been completed.



Timing At all times once works have been completed.

RELATIONSHIP WITH OTHER APPROVALS/REQUIREMENTS

15 Compliance with related development approvals

Conditions of all related development approvals and all approved documentation (including but not limited to plans, drawings and reports) for this site will need to be complied with.

GUIDELINE

This condition is imposed to ensure compliance and consistency with all development approval conditions related to the subject site.





16 Encroachment of works on adjoining land

If any works the subject of this approval encroaches on adjoining land, the applicant will need to submit to Council a letter from the owner of the adjoining land consenting to the carrying out of those works.

GUIDELINE

This approval does not permit works to encroach on adjoining land. Any such occurrence requires the applicant to obtain the necessary consent from the owner of the adjoining land.

Timing Prior to works commencing.

WORKS - COMPLIANCE

17 Compliance with Land Development Guidelines, Specifications and Drawings

Unless otherwise expressly specified in these conditions, all work the subject of this approval will need to be designed, constructed and maintained in accordance with:

a Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

GUIDELINE

This condition is imposed to ensure that all works occurs and is maintained in accordance with the prescribed standards.





18 Certification of compliance

All works to be accepted as being practically complete will need to be certified by the certifying Registered Professional Engineer Queensland (RPEQ) as being generally in accordance with the approved plans/drawings. This includes changes made during the construction period which are within the acceptable tolerances in Attachment 1 – Acceptable Tolerances or undertaken in compliance with a signed written instruction from the Chief Executive Officer or his representative, or otherwise properly characterised as being ‘generally in accordance with’ the approved plans/drawings.

For this condition, the Certifying RPEQ is the RPEQ (or his nominated representative) as notated within the approved drawing list above.

GUIDELINE

This condition is required to certify that all works are being undertaken in accordance with the approved plans.

PROOF OF FULFILMENT

Certification of the ‘As Constructed’ is submitted to and accepted by Council’s Contributed Assets Section.

Timing Such certification will need to be submitted to Council prior to the earlier of the endorsement of survey plans, the commencement of the ‘On Maintenance’ period or the commencement of the use.




PROGRESS OF WORKS – KEY NOTIFICATIONS, INSPECTIONS & MAINTENANCE

19 Key notifications, inspections & maintenance

Without limiting the requirement for compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the following key notifications, inspections and maintenance will need to be complied with.

20 Prior to works commencing

a The applicant will need to notify Council of:

i Name of the Consultant’s representative;

ii Name of the Contractor and its representative; and

iii Pursuant to the Workplace Health and Safety Act 1995, name of the Principal Contractor.

b The applicant will need to successfully complete a pre-start inspection with Council officers:

i The inspection will need to be booked through Council’s Contributed Assets Inspection Section on (07) 5582 8052; and

ii All outstanding/unsatisfactory items identified on Council’s pre-start checklist will need to be attended to and checked to Council’s satisfaction, prior to works commencing.

21 During works

a The applicant will need to successfully complete the inspections relevant to particular work in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and/or as required by conditions of this approval. The inspections will need to be booked through Council’s Contributed Assets Inspector for the area, Abbas Tagahode (5582 8304).

Timing

As indicated within the wording of the condition.




b The applicant will need to allow inspections to

be undertaken by Council officers from time to time to ensure compliance with the conditions of this approval. All outstanding/unsatisfactory items identified as a result of an inspection will need to be attended to and checked to Council’s satisfaction, in accordance with the timeframes and requirements indicated on the record of inspection, including variations and/or additions to the approved plans/drawings required as a result of insufficient detail on the plans/drawings or to ensure that compliance with the conditions of this approval and good engineering practice is achieved.

c Work must not progress until successful completion of each inspection.

22 Completion of works – plans/drawings

At the completion of works, a full set of the final design drawings that notate all ‘generally in accordance with’ changes (whether being within acceptable tolerances in Attachment 1 – Acceptable Tolerances or undertaken in compliance with a signed written instruction from the Chief Executive Officer or his representative or otherwise properly characterised as being ‘generally in accordance with’), will need be provided to Council for records purposes in conjunction with any as constructed submission or prior to the earliest of the endorsement of survey plans, the commencement of the ‘On Maintenance’ period or the commencement of use.




23 Following practical completion

a Following practical completion, the notification, inspection and maintenance requirements set out in the table below that are applicable to the type(s) of operational work the subject of this approval will need to be complied with.

b Each applicable requirement in the table below will need to be carried out in accordance with the details (including timeframes) set out in:

i Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings; and

ii Where a bond agreement applies, the terms of the bond agreement; and

iii Conditions of this approval.

c Where an inspection is not passed, the applicant will need to attend to all outstanding/unsatisfactory items and book a re-inspection with Council.




KEY NOTIFICATION, INSPECTION AND MAINTENANCE

REQUIREMENTS

Change to ground level

Works for infrastructure

Landscaping of public open space

The applicant will need to notify Council of practical completion by booking of inspection.

Applies Applies Applies

A Pre Establishment period inspection will need to be undertaken with Council officers.

N/A N/A Applies

The applicant will need to obtain GCCC notification of formal acceptance of start establishment period.

N/A N/A Applies

The applicant will need to first submit establishment bond and agreement.

The applicant will need to establish the works for the duration of the Establishment period.

N/A N/A Applies

A Pre On Maintenance period inspection (also known as a practical completion inspection) will need to be undertaken with Council officers.

Applies

Combined on/off maintenance inspection.

Applies Applies




For assets coming under Council Control the applicant will need to, prior to those assets being accepted as On Maintenance by Council, submit and have approved all:

1 as constructed data and other documentation referred to in the GCCC As Constructed Data Submission Form;

2 test results;

3 certifications; and

4 any bonds and agreements required by conditions of approval and/or Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, to Council’s satisfaction.

Applies

Applies

Applies

The applicant will need to obtain GCCC notification letter of formal acceptance of start of On Maintenance period within 4 weeks of the completion of site works.

Applies

Combined GCCC notification on/off maintenance.

Applies Applies

The applicant will need to maintain the works for the duration of the On Maintenance period.

N/A Applies Applies

The applicant will need to book a Pre Off Maintenance inspection (also known as a final defects liability inspection).

N/A Applies Applies

A Pre Off Maintenance inspection (also known as a final defects liability inspection) will need to be undertaken with Council officers.

N/A Applies Applies

The applicant will need to obtain GCCC notification letter of formal acceptance Off Maintenance within 4 weeks of the due date for Off Maintenance.

N/A Applies Applies




GUIDELINE

This condition is required to certify that all works are being undertaken in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

RELEVANT PERIOD

24 Lapse Date

Please note that, in accordance with s341 (3) of the SPA, this Operational Works approval, if not substantially started will lapse 2 years from when this approval takes affect (i.e. the relevant period).

Timing 2 years from when this approval takes affect.

ACID SULFATE SOILS (ASS)

25 Excavation/filling requiring consideration of acid sulfate soil

If the proposed development will affect soils below 5m AHD and involves either:

a The excavation of 100m3 or more of soil or sediment; or

b The filling of land involving 500m3 or more of material with an average depth of 0.5m or greater,

the following condition in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.





26 Acid sulfate soil investigation

An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following:

a The presence/absence of acid sulfate soils over the entire excavation area (i.e. through soil investigations);

b The degree (i.e. concentration) of acid leachate generating potential of soils;

c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and

d The potential impacts on surrounding environment features.

27 Preparation of acid sulfate soil management plan

If the investigation required by the above condition finds that treatment of acid sulfate soil is required, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with:

a The Queensland Acid Sulfate Soil Technical Manual Version 3.8 (November 2002, Dear et al); and

b Conditions of this approval.

Timing To be submitted in conjunction with the earlier of any future OPW (Changes to Ground Level) or OPW (Civil Works) application.





A Conditions contained within the Decision Notice


B Referral agencies

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

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

Referral agency Address Jurisdiction

Department of Transport and Mains Roads

PO Box 442

Nerang QLD 4211

Concurrence agency – State controlled road matters

Concurrence agency – Impact on State Transport Infrastructure

b The applicant is required to address the requirements of Department of Transport and Main Roads Concurrency Agency Response prior to the issue of a Development Permit for Operational Works – Works for Infrastructure and/or Operational Works – Civil Works

C Properly made submissions





D Rights of appeal




E Applicant responsibilities



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;







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 $80,000. 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 Indigenous cultural heritage legislation and duty of care requirement












G Greenhouse gas emissions

As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems.

The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].

H Obligation to ensure electrical safety




Information note:



I Assessment of landscaping within the Road Reserves

Landscape treatment works within the road reserves of Ross Street and Ashmore Roads will be assessed as part of Private Landscape Operational Works.




J Compliance with BCA

The development must comply with Section F2.3 (Facilities in Class 3 to 9 Buildings) and Table F2.3 (Sanitary Facilities in Class 3,5,6,7,8 and 9 buildings) of the Building Code of Australia.

K Incorporation of Equitable Access at the Detailed Design Stage

All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

L Accessible Car Parking

a Designated accessible car parking numbers should exceed the number allocated within the Building Code of Australia /Disability (Access to Premises-Buildings) Standards 2009, Clause D3.5. Accordingly, 6% should be provided for a Shopping Centre Development, which is as stipulated in international standards. Designated accessible car parking for staff with disabilities should also be provided in addition to this number.

b Accessible car parking and setting down areas should be provided for members of staff with a disability to the Staff Car Parking area.

c The pedestrian crossing shown within the car park intersects the path of traffic; therefore Warning Tactile Ground Surface Indicators (TGSIs) would be required to warn people with a vision impairment that a hazard exists. The Warning TGSI’s are required on the ground when the roadway is not separated from a pedestrian access way by means of a tactile cue such as a change of grade or raised kerb in accordance with AS 1428.4.1:2009. Clause 2.5.

M Pathways

In accordance with best practice, the path width should be at least 1800mm wide in order for two wheelchair users, mobility scooter users or people with prams to pass each other in opposite directions and to meet the expected level of service. If a 1200mm width is provided then passing spaces 2000mm long x 1800mm wide should be provided at 6m intervals along the pathway in accordance with AS:1428.2.1992 Clause 6.4.




N Wayfinding

A Wayfinding strategy is encouraged which would consist of a signage location plan at ‘key decision points and placemaking or nodes and landmarks. It is recommended that a qualified Wayfinding consultant provide a Wayfinding strategy, which should incorporate key elements of wayfinding including audible, tactile, graphic and architectural cues.

O Mobility Scooter Recharge Points

Recharge points are recommended for mobility scooters in accordance with best practice and should be signed accordingly.

P Pedestrian Resting Points

Resting points for pedestrians should be provided along paths of travel throughout the shopping centre where the walking distance between facilities and services exceeds 60 metres. Seating furniture should comply with AS:1428.2 (1992) Clause 27. Accordingly seating should be provided with shade and water bubbles wherever possible

Q Streetscape

It is recommended that The Australian Human Rights Commission publication titled the Advisory Note on Streetscape, public outdoor areas, fixture, fittings and furniture is read in conjunction with the advice notes 1-7 above.

R Business Safety Audits

The Gold Coast Police District Crime Prevention Unit offer business security audits to help identify potential areas of vulnerability and to provide suggestions for adapting security to reduce the risk of crime against businesses. To request a business security audit or obtain further information on education, awareness and preventative strategies for businesses, the applicant is advised to contact the Gold Coast District Crime Prevention Unit on [email protected]




S Attachment 1 – Acceptable Tolerances

During the construction phase any works that are not in accordance with the development approval requires amended drawings to be submitted unless within the following specified construction tolerances.

1 Bulk Earthworks

Certification of the approved Engineering Drawings is sufficient provided the works meet the following minimum tolerances and parameters:

Earthworks General

Finished Surface Level ±150mm (not to be less than the adopted flood level)

Horizontal Alignment 150mm

The Constructed Minimum Crossfall Is not less than 1 in 200

The Finished Surface Level Any variations of ±150mm are approved by Council

Specific Job Tolerances have been met

Batters

Batter Slopes Are not steeper than 1 in 6 in parklands or 1 in 4 in allotment areas

Batter Encroachment Batters must not straddle allotment boundaries or extend into existing or proposed parkland or bushland reserves




Retaining Structures

Vertical Alignment ±150mm

Horizontal Alignment 150mm

Retaining Structure Encroachment Retaining structures do not straddle allotment boundaries

2 Roadwork – Council’s Record Tolerance

Deviation from the approved Engineering Drawings shall not exceed:

Kerb and Channel

Vertical Alignment Refer to the specified tolerances

Horizontal Alignment Refer to the specified tolerances

The Constructed Minimum Kerb Grading

Is not less than 0.5%

No Ponding occurs Refer to Council’s current Standard Specification SS5

Pavement

Vertical Alignment Refer to the specified tolerances

Horizontal Alignment Refer to the specified tolerances

The Constructed Minimum Crossfall Shall be as set out in the Land Development Guidelines




3 Stormwater Drainage – Council’s Record Tolerance

Deviation from the approved Engineering Drawings shall not exceed:

Manholes

Location ±1000mm (Refer Note 1)

Surface Level ±50mm (Refer Note 2)

Gullies

Longitudinal ±1000mm (Refer Note 1)

Lateral Refer Note 3

Invert Level ±50mm (Refer Note 3, 4)

Pipework

Invert Level ±50mm (Refer Note 4)

Alignment ±1000mm (Refer Note 1)

Grade Refer Note 4




Property Pits (Inter-allotment), Field Inlets, Headwalls

Location ±1000mm (Refer Note 1)

Surface Level ±50mm (Refer Note 2)

Notes:

1 Deviation should not result in conflict of interference with any other service or structure. All services should remain within the approved service corridor.

2 Should match the adjacent finished surface level.

3 Deviation should not affect the levels of existing kerb and channel and adjacent roadwork.

4 Not less than minimum and not more than maximum grade and/or depth. Council’s design criteria shall be achieved.

4 Sewerage Reticulation – Council’s Record Tolerance

Deviations from approved design shall not exceed the acceptable tolerances notated in Water Services Association of Australia guidelines, standards, codes or specifications as applicable.

Manholes

Location Refer Note 1

Alignment Refer Note 2

Lines

Invert Refer Note 3


Grade Refer Note 3




House Connections


Invert (Depth) Refer Note 3

End of Line


Invert Refer Note 3

Notes:

1 Deviation should not result in conflict with any other service or structure. All services should remain within the approved service corridors.

2 Refer to Council’s standard drawings for details.

3 Not less than minimum and not more than maximum grade and/or depth. Council’s design criteria shall be achieved.




5 Water Reticulation – Council’s Record Tolerance

Deviations from approved design shall not exceed the acceptable tolerances notated in Water Services Association of Australia guidelines, standards, codes or specifications as applicable.

Fittings


Levels Refer Note 2

Lines


Levels Refer Note 2

Notes:

1 Deviation should not result in conflict or interference with any other service or structure. All services should remain within the approved service corridors.

2 Levels should be adequate for installation of fittings. Tolerances are only critical if design levels are nominated.

For 8 Cr Caldwell, Cr Crichlow, Cr Bell, Cr Tozer, Cr Betts, Cr Gates,

Cr Taylor, Cr Tate

Against 6 Cr Grew, Cr Gilmore, Cr Robbins, Cr La Castra, Cr Grummitt, Cr McDonald

Abstained 0 Absent 1 Cr Owen-Jones

CARRIED Cr Owen-Jones returned to the meeting


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CITY PLANNING (Continued) ITEM 1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR

EXTENSIONS TO AN EXISTING CHILD CARE CENTRE - LOT 26 ON RP172112 , LOT 14 ON SP124777 - 8 KERRIA CRESCENT AND 15 SAPIUM ROAD ASHMORE – DIVISION 7 PN53780/01/DA1

Cr Bell sought permission from the Mayor to be excused from the meeting and left the room.

RESOLUTION G14.0506.020 Moved Cr Caldwell Seconded Cr Owen-Jones


Real property description Lot 26 on RP172112 , Lot 14 on SP124777

Address of property 8 Kerria Crescent &15 Sapium Road, Ashmore

Area of property 3,269m²

Decision type Development Permit for a Material Change of Use for extensions to an existing Child Care Centre

Further development permits Building Works, Operational Works

Further compliance permits Plumbing and Drainage


None



EXTENSIONS TO AN EXISTING CHILD CARE CENTRE - LOT 26 ON RP172112 , LOT 14 ON SP124777 - 8 KERRIA CRESCENT AND 15 SAPIUM ROAD ASHMORE – DIVISION 7 PN53780/01/DA1 (CONTINUED)

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for extensions to an existing Child Care Centre, subject to the following conditions:

APPROVED DRAWINGS




DA-11b B Street Elevations & Sewer Section

2/12/2013 Benowa Early Learning Centre

DA-03 D Site Plan 27/03/2014 Benowa Early Learning Centre

DA-04 D Carpark & Egress Plan


DA-08 B Level 1 Floor Plan Kerria St


DA-07 A Ground Level Plan 30/10/13 Benowa Early Learning Centre

DA-09 A Ground Level Admin


DA-11 A Kerria St Elevations


DA-12 A Proposed Admin Elevations






i Provide amended design documentation and elevations illustrating the colours, materials etc. to be used in the finishing of the building. The colours and materials to be used are to be consistent with the established residential development and character existing on Kerria Crescent.

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


ii Commencement of the use of the premises.

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

2 Changes requiring further approval

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

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

Information note:

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



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





4 Decision notice and approved plans/drawings to be retained

on site

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


5 Lots to be amalgamated

Lots 14 on SP124777 and 26 on RP172112 must be amalgamated into one lot. The plan of amalgamation must be registered.





b Site address;










7 Previous Approvals

Unless modified by the conditions of this Decision Notice, the development is required to comply in full with conditions of previous approvals issued for the existing Child Care Centre



8 Maximum Number of Staff and Children

This Decision Notice approves a maximum of 2 staff and 48 children additional to the existing approved Child Care Centre.


9 New off street car parking facilities

New off-street car parking facilities must be designed constructed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council in accordance with the following:

a The off-street car parking facilities (including landscaping) must be designed in accordance with:


ii Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking.




10 Freely accessible car parking

All car parking spaces must be freely accessible to employees for the time the use is open for business and to bona fide visitors for the duration of any visit to the site. Car parking spaces for employees and visitors must have no gateways, doors or similar devices, which restrict vehicular access.

Timing At all times the use is open for business.




11 Loading and unloading

a Loading and unloading operations must be conducted wholly within the site.

b Vehicles waiting to be loaded and unloaded must stand entirely within the site.

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


12 Pick up/drop off bus service

a To assist in reducing car parking demand the applicant must operate a bus service to transport children to and from their place of residence to access the childcare centre.

b The bus used to provide the bus service must be fitted with the appropriate child restraints as required by law.

c The bus service must be operated within a minimum 3 kilometre radius from the childcare centre.

d The bus service must be on appointment basis and charged at a maximum rate of $1.50 per direction. (i.e. $3 for a return journey).

e The applicant is to keep a daily record of how the bus service is used by parents of the childcare centre.

Timing The bus service must be operational on enactment of this decision notice, available on appointment basis for use during the morning and afternoon peaks for the life of the development.

13 Site Access

All vehicular and pedestrian access to the site is to be via Sapium Road only.


VEHICULAR CROSSINGS AND DRIVEWAYS

14 Redundant vehicular crossings

All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.





15 Reconstruction of kerb and channel / footpath

a Where kerb and channel / footpath is removed or damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Kerria Crescent and Sapium Road to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

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

TELECOMMUNICATIONS

16 Telecommunications internal wiring – MCU development

The applicant must:

a Provide internal wiring (minimum Category 6), to structured cabling standards as per the Australian Standard which applies at the time of installation, within new buildings the subject of this application.

b Provide internal equipment spaces and cable pathways to allow future installation by NBN Co or their contractor, in accordance with the NBN Co building design guide that applies at the time of construction (currently MDU Building Design Guide - New Developments - April 2011). www.nbnco.com.au/assets/documents/new-developments-mdu-building-design-requirements.pdf .

c Provide certification to Council, from the authorised telecommunications carrier/contractor or suitably qualified Registered Professional Engineer Queensland (RPEQ), that the wiring required above has been installed in accordance with NBN requirements, the Telecommunications Act 1997 and any other relevant legislation and standards.





HYDRAULICS











a Sediment, erosion and dust control measures must be implemented in accordance with the approved plans/drawings, and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) and best industry practices. Additional sediment, erosion and dust control measures must be implemented as directed by Council officers upon site inspection.

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

Timing During the construction works on the site.




AMENITY

20 Fixed screens to be installed at the upper floor of the building located at 8 Kerria Crescent Ashmore

All southern windows on the upper floor of the building shall be fixed with external privacy screens or awnings.


21 Hours of operation

a All class activities associated with the operation of the Child Care Centre extension at 8 Kerria Crescent, Ashmore (Lot 26 on RP172112) are to be conducted only between the hours of 9:30 am to 2:30 pm on Monday to Friday.

b All other activities associated with administration and preparation purposes are to be conducted only between the hours of 7am to 6pm on Monday to Friday.

c All external activities associated with the extension to the proposed playground area are to be conducted only between the hours of 9:30 am to 4:30 pm on Monday to Friday.


22 Restricted paint colours

Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.





24 Refuse storage area

A screened refuse storage area must be located on-site and be connected to the internal plumbing and drainage system to the satisfaction of the Chief Executive Officer.

Timing Prior to the commencement of the use and maintained for the life of the development.













28 Boundary fencing

a All new boundary fencing to be constructed as a result of the development shall be externally painted and or treated, to the satisfaction of the Chief Executive Officer.

b Fencing along the Kerria Crescent frontage shall be indented and landscaping shall be provided between the fence and the Kerria Crescent frontage.

c A 1.8 metre high screen fence is erected on all side and rear boundaries.


29 Retaining structures

Any retaining structures proposed within the Kerria Crescent frontage setback area shall be of a terraced design.





ADVERTISING DEVICES

30 Advertising device approval required

No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 6140 to discuss approval requirements.


HEALTH AND REGULATORY SERVICES

ACOUSTICS

31 Acoustic design and construction

a The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by ‘Craig Hill Acoustics’ dated 11 February 2014 (Reference No. 110114/2, Revision 1).

b Any alteration to the design or construction 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 Building Approval.

Timing

Prior to commencement of use.




32 Amended acoustic report required prior to commencement of use

An amended acoustic report must be submitted and approved by Council prior to commencement of use. The report shall include:

a The expected impact of noise from car park activities on the nearest noise sensitive receptors. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all associated noise sources (e.g. loading/delivery activities, car park noise etc) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines.

c The required control measures to achieve compliance with the applicable criteria and standards.

d The development must be designed and constructed in accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

Timing Prior to commencement of use.

33 Acoustic compliance report

Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing


34 Acoustic ceiling

The ground floor area of the childcare centre is to have an acoustic ceiling fitted in accordance with Section 7.2.1 of the approved acoustic report by ‘Craig Hill Acoustics’ dated 11 February 2014 (Reference No. 110114/2, Revision 1).

Timing


35 Acoustic enclosure – main play area

The main play area is to be enclosed and acoustically lined in accordance with Section 7.2.2 and associated figure of the approved acoustic report by ‘Craig Hill Acoustics’ dated 11 February 2014 (Reference No. 110114/2, Revision 1).

Timing





36 Acoustic enclosure – patio area

The patio are to the northern boundary is to be enclosed in accordance with Section 7.2.2 and associated figure of the approved acoustic report by ‘Craig Hill Acoustics’ dated 11 February 2014 (Reference No. 110114/2, Revision 1).

Timing


37 Air conditioning

Air conditioning must be provided to the childcare centre so as to be able to operate with a closed facade.

Timing


38 Patio area – closed façade when in use

All openings of the patio area to the northern boundary area to be closed when in use in accordance with Section 7.2.2 and associated figure of the approved acoustic report by ‘Craig Hill Acoustics’ dated 11 February 2014 (Reference No. 110114/2, Revision 1).

Timing

At all times.

WASTE

39 Waste Facilities

Waste facilities must be designed and constructed in accordance with ‘Carpark and Egress Plan’ dated 27 March 2014 (Ref:DA-04, revision D).

Timing


40 Wheelie Bins - storage point

The wheelie bin storage point must be designed and constructed in accordance with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

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

b Roofed and designed to prevent entry to rainwater;

c Graded to fall to a drainage point within the storage point;

d Drainage point connected to sewer in accordance with trade waste requirements; and

e Provided with a hosecock for cleaning.

Timing










ii Be in general accordance with the Statement of Landscape Intent, being plan no KEE/08-LICS sheet 1 of 1,title STATEMNET OF LANDSCAPE INTENT, date 29 October 2013, prepared by LDP pty ltd;



42 The required landscaping plan must also demonstrate the following:

a Tree species must be native evergreen shade trees with a minimum bag size of 45litre at the time of planting.

b Palm species must be a minimum 3 metres in height at the time of planting.

c Shrub species must be a minimum 200 pot size at the time of planting.

d Landscape assessment will also require any existing screening shrubs that are to be retained to be native evergreen species that can attain a height of 2.5 metres. Any gaps or poor performing plants will require to be planted with similar species and size of the retained vegetation. These shrub species must be a minimum 300mm pot size at the time of planting.





43 Shading of Open play areas

a The large open plays areas require shading to be provided by either shade sail structures or shade trees. As there are some open areas with no shading elements incorporated within the landscape intent plan, Council requires treatments of these areas and any structure specifications to be included within the detailed landscape plan;

b The use of shade trees within open play areas or adjacent to, must be native evergreen shade trees with a minimum bag size of 100 litre at the time of planting.


44 Management of retained trees

The applicant must ensure:

a The existing protected size trees nominated for retention are to be managed during construction activities in accordance with the Australian Standard AS 4970 - 2009 Protection of trees on development sites to avoid any of the following:

i Structural damage to the tree including root damage;

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

iii Filling of soil within the Tree Protection Zone (TPZ) and/or drip zone;

iv Storage of any building materials within the drip zone; and

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






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 (ie. decision notice or letter of approval)):


b Plans clearly identifying which vegetation is proposed to be removed and which vegetation is proposed to be retained.
















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









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

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






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

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

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

47 Noise management


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

c The monitoring must be carried out:

i by a suitably qualified acoustic engineer;

ii at the potentially affected sensitive receptor/s;

iii by applying the procedure set out in chapter 5, part 3 of the Environmental Protection Regulation 2008; and

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





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

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

f The noise management plan must:


ii provide details of noise sources;

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

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

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

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

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




48 Dust management


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

c The monitoring must be carried out:

i by a suitably qualified professional;

ii at the potentially affected sensitive receptor/s;

iii by applying the procedure set out in chapter 5, part 3 of the Environmental Protection Regulation 2008; and

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

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

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





f The dust management plan must:







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










e Non-recyclable debris must be transported from the site

and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.


g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.










51 Workplace health and safety

The Workplace Health and Safety Act 1995 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.






53 Application for compliance permit for sewerage works required

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

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

b comply with Council’s:

i Trade Waste Policy; and

ii Trade Waste Pre-treatment Policy and Guidelines); and

c comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.





Information note:


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

54 Application for compliance permit for water supply plumbing work required




Information note:



55 Fire hydrants to be provided

a The applicant must ensure that the development is provided with a fire hydrant installation that:

i complies with the Standard Plumbing and Drainage Regulation 2003; and

ii conforms with AS2419.1, Fire hydrant installations - System design, installation and commissioning.

b All fire hydrants must be of dual outlet pillar type with a non-return valve on the riser.





GOLD COAST WATER

SEWERAGE


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

b Private sewer reticulation works internal to the development site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002


57 No building work over or within Council easements and minimum distance from Council infrastructure

a No building work is permitted over or within any Council public utility easements.

b All proposed buildings and structures (including footings) must be located a minimum distance of 2 metres from Council’s existing 150mm sewer main (as shown on submitted, Site Plan, Ref No. DA-03, Rev. B, Dated 2.11.13, Prepared by Benowa Early Learning Centre) and comply with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.



a Any redundant sewer property service connections within the site or servicing the development must be sealed and capped by Gold Coast Water at the applicant’s cost.


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






a The development must be connected to Council’s water supply system via internal private water reticulation system, at no cost to Council.

b Private water reticulation works within the site must be designed and constructed in accordance with the requirements of the Plumbing and Drainage Act 2002.


60 Redundant water connections

a Any redundant water meter connections within the site or servicing the development must be removed.


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


B Conditions contained within the Decision Notice


C Properly made submissions





D Rights of appeal




E Applicant responsibilities



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;







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 $80,000. 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 Indigenous cultural heritage legislation and duty of care requirement












G Obligation to ensure electrical safety




Information note:



CARRIED UNANIMOUSLY

Cr Bell returned to the meeting


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CITY PLANNING (Continued) ADOPTION OF THE CITY PLANNING COMMITTEE REPORT RESOLUTION G14.0506.021 Moved Cr Caldwell Seconded Cr Bell That the Report of the City Planning Committee’s Recommendations of Wednesday, 30 April 2014, covered by Recommendations numbered CP14.0430.001 to CP14.0430.009 be adopted with the exception of:- Recommendation Numbers CP14.0430.001

CP14.0430.002 and CP14.0430.003 which were specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 WATER SERVICES Cr Taylor, Chairperson of the Water Services Committee, presented the Report of the Meeting of the Water Services Committee held on Wednesday, 30 April 2014. RESOLUTION G14.0506.022 Moved Cr Taylor Seconded Cr Robbins That the Report of the Water Services Committee Meeting held on Wednesday, 30 April 2014 covered by Recommendations numbered WS14.0430.001 to WS14.0430.007 be received.

CARRIED UNANIMOUSLY ITEM 1 STAPYLTON SEWERAGE CATCHMENT SERVICING STRATEGY

WSS382/343/02/06(P1) RESOLUTION G14.0506.023 Moved Cr Gates Seconded Cr Betts

That Committee Recommendation WS14.0430.001 be adopted, with an addition of Part 3 such that it reads in its entirety as follows: 1 That Council notes the initial positive response by Logan City Council for the

renewal of the current Service Level Agreement for treatment services at the Beenleigh Sewage Treatment Plant which is due to expire in 2016.

2 That the Director Gold Coast Water commences detailed negotiations surrounding extension of the current agreement under current terms and conditions.

3 That the Director Gold Coast Water write to the Logan City Council seeking confirmation of its intent to negotiate an extended agreement on the basis of CPI increases.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 WATER SERVICES (Continued) ITEM 6 CONSIDERATION FOR RELIEF FROM WATER LEAK OUTSIDE POLICY

PN45985/36(P1) AND PN50258/36(P2) REPORT CONFIDENTIAL RESOLUTION G14.0506.024 Moved Cr Gates Seconded Cr Owen-Jones That Committee Recommendation WS14.0430.006 be adopted as printed which reads as follows:- 1 That the report/attachments be deemed a confidential document and be treated

as such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That Council note the circumstances surrounding the leaks at both subject properties.

3 That Council write to the property owner to advise that relief is not approved for the Bundall property.

4 That Council write to the property owner to advise that relief is not approved for the Surfers Paradise property.

5 That Council note that following these recommendations, the property owner has exhausted all internal and external avenues in relation to any further leakage relief for previous leaks on the subject properties.

CARRIED

Cr Bell requested his vote be recorded in the negative ADOPTION OF WATER SERVICES COMMITTEE REPORT RESOLUTION G14.0506.025 Moved Cr Taylor Seconded Cr Robbins That the Report of the Water Services Committee’s Recommendations of Wednesday, 30 April 2014, numbered WS14.0430.001 to WS14.0430.007, be adopted with the exception of:- Recommendation Numbers WS14.0430.001 and

WS14.0430.006 which were specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 GOVERNANCE, ADMINISTRATION & FINANCE Cr Owen-Jones, Chairperson of the Governance, Administration & Finance Committee, presented the Report of the Meeting of the Governance, Administration & Finance Committee held on Thursday, 1 May 2014. RESOLUTION G14.0506.026 Moved Cr Owen-Jones Seconded Cr Tozer That the Report of the Governance, Administration & Finance Committee Meeting held on Thursday, 1 May 2014 covered by Recommendations numbered GA14.0501.001 to GA14.0501.011 be received.

CARRIED ITEM 2 CONTRACT NO. LG314/1185/14/084 – PROPERTY DEVELOPMENT ONLINE

APPLICATION LG314/1185/14/084(P1)

RESOLUTION G14.0506.027 Moved Cr Owen-Jones Seconded Cr Gilmore

That Committee Recommendation GA14.0501.002 be adopted as printed which reads as follows:- 1 That Council accepts the Lump Sum quote submitted by Civica Pty Ltd for the

total amount of $36,724.80 (excl GST) without rise and fall in respect of Contract No. LG314/1185/14/084 for Property Development Online Application for a period of three years with three by one year extension options.

2 That it be noted that the contract will require funding over three financial years. Similar budgets to that submitted for approval for the 2014-15 financial years will be submitted for approval in the subsequent two financial years. Funds are to be allocated from Responsibility Centre OS6650 and Budget Centre OS66500006.

CARRIED

Cr Tozer requested his vote be recorded in the negative


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 GOVERNANCE, ADMINISTRATION & FINANCE (Continued) ITEM 7 2013-14 MAYORAL AND DIVISIONAL DONATIONS ROUND TWO

FN251/275/01/03(P7) RESOLUTION G14.0506.028 Moved Cr Crichlow Seconded Cr Owen-Jones

That Committee Recommendation GA14.0501.007 be adopted, with an addition of Part 2, such that it reads in its entirety as follows: 1 That the divisional donations approved under delegated authority (Community

Grants Policy) as listed in the amended attachment to the report be noted, noting that the amended attachment deletes a donation of $2,000 listed under Division 3 for Parkrun Australia due to the Parkrun in Paradise Point not going ahead at this time.

2 Division 6 Add-Care (Auspice under GC Seventh-day Adventist Church (South Queensland Conference) Ltd) Divisional Donation of $700.

CARRIED UNANIMOUSLY ITEM 11 PROCUREMENT POLICY REVIEW

PS411/372/09(P1) RESOLUTION G14.0506.029 Moved Cr Owen-Jones Seconded Cr Gilmore

That Committee Recommendation GA14.0501.011 be adopted as printed which reads as follows:- 1 That a review of the buy local component of the Procurement Policy be

undertaken in consultation with the Mayor and Divisional Councillors with a report being brought back to the Governance, Administration and Finance Committee by end of June 2014.

2 That it be noted that the local procurement component was 53% in February 2013 and is expected to be 65% in June 2014, with a target for June 2015 of 70% local component.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 GOVERNANCE, ADMINISTRATION & FINANCE (Continued) ADOPTION OF GOVERNANCE, ADMINISTRATION & FINANCE COMMITTEE REPORT RESOLUTION G14.0506.030 Moved Cr Owen-Jones Seconded Cr Tozer That the Report of the Governance, Administration & Finance Committee’s Recommendations of Thursday, 1 May 2014, numbered GA14.0501.001 to GA14.0501.011, be adopted with the exception of:- Recommendation Numbers GA14.0501.002

GA14.0501.007 and GA14.0501.011 which were specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 ECONOMIC DEVELOPMENT & TOURISM Cr Grew, Chairperson of the Economic Development & Tourism Committee, presented the Report of the Meeting of the Economic Development & Tourism Committee held on Thursday, 1 May 2014. RESOLUTION G14.0506.031 Moved Cr Grew Seconded Cr Gilmore That the Report of the Economic Development & Tourism Committee Meeting held on Thursday, 1 May 2014 covered by Recommendations numbered ED14.0501.001 to ED14.0501.005 be received.

CARRIED ITEM 3 HOPE ISLAND REPORT 120 – SINGLE PONTOON POLICY POSITION REVIEW

WF54/16/-(P48) RESOLUTION G14.0506.032 Moved Cr Caldwell Seconded Cr Gilmore

That Committee Recommendation ED14.0501.003 be adopted, with an addition of Parts 3 and 4, such that it reads in its entirety as follows:

1 That Council limits Hope Island Channel single pontoon applications and leasing to:

a wet lots along Palladium Boulevard, Hope Island, and

b wet lots with an existing residential use at the time of practical completion of the Hope Island Channel.

2 That Council rescind its single pontoon policy position carried at the Economic Development and Tourism Committee Meeting of 7 June 2011 (Ex Minute # ED11.0607.004) and adopted at Council on the 10 June 2011 (Ex Minute # G11.0610.009) which was as follows:

That Council limits single pontoon applications and leasing to Hope Island Channel wet lots along Palladium Boulevard, Hope Island.

3 That Council direct the Chief Executive Officer to bring back a report reviewing the leasehold arrangements and the Hope Island Channel Reserve.

4 That the report referred to in recommendation 3 above be brought back to Council within four (4) weeks.

CARRIED UNANIMOUSLY

ADOPTION OF ECONOMIC DEVELOPMENT & TOURISM COMMITTEE REPORT RESOLUTION G14.0506.033 Moved Cr Grew Seconded Cr La Castra That the Report of the Economic Development & Tourism Committee’s Recommendations of Thursday, 1 May 2014, numbered ED14.0501.001 to ED14.0501.005, be adopted with the exception of:- Recommendation Number ED14.0501.003 which was specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.7 SPECIAL BUDGET Cr Tate, Chairperson of the Special Budget Committee, presented the Report of the Meeting of the Special Budget Committee held on Monday, 5 May 2014. RESOLUTION G14.0506.034 Moved Cr Tate Seconded Cr Owen-Jones That the Report of the Special Budget Committee Meeting held on Monday, 5 May 2014, covered by Recommendations numbered B13.0505.001 to B13.0505.005 be received.

CARRIED ADOPTION OF THE SPECIAL BUDGET COMMITTEE REPORT RESOLUTION G14.0506.035 Moved Cr Tate Seconded Cr Gates That the Report of the Special Budget Committee’s Recommendations of Monday, 5 May 2014, numbered B14.0505.001 to B14.0505.005, be adopted.

CARRIED UNANIMOUSLY


10 CONSIDERATION OF NOTICES OF MOTION Nil 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

Meeting Date Question Action Officer /Status

676 – 25 March 2014

11.1 BROADWATER MARINE PROJECT

QUESTION: Cr McDonald

Has this current Broadwater Marine Project development tender process been completed?

Answer:

The tender process pursuant to the Request for Detailed Proposals Phase of the Broadwater Marine Project (Project) has been completed. This was confirmed by the State Government (State) as follows:

In a letter dated 12 February 2014 to Mayor Tate, Deputy Premier and Minister for State Development Infrastructure and Planning, the Hon Jeff Seeney MP advised Council that:

“The assessment of private sector proposals submitted as part of the Request for Detailed Proposals process and carried out jointly by officers of my department and your Council is now complete and I write to clarify the next steps that are required by the State Government for the State land to be made available for development.” [emphasis added]

In a letter dated 20 March 2014 the State advised Council that:

“As you are aware from previous correspondence, the State has concluded the procurement process for the BMP.” [emphasis added]


11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE (Continued)


676 – 25 March 2014



Please provide legal clarification between the wording ‘possible proponent’ and ‘preferred proponent’ for the cruise ship terminal?

Answer: Proponents whom satisfactorily demonstrated via the Expression of Interest process that they have the requisite capacity, capability and experience to deliver the Project were invited to submit a Detailed Proposal. The terms of the invitation and the procurement process are contained in the State-issued document titled “Broadwater Marine Project - Request for Detailed Proposals - Part 1 – Invitation to Lodge” (RFPD document). The purpose of the RFPD document was to facilitate, as part of the Request for Detailed Proposals Phase of the Project, the selection of a Preferred Proponent. On page 51 of the RFDP document, the term “Preferred Proponent” is defined as: “The Proponent that the State selects to deliver the Project and to enter into the Project Agreements.” At the conclusion of the Broadwater Marine Project Request for Detailed Proposals procurement process the State exercised its rights under the terms of the RFDP document to not select a Preferred Proponent and to terminate the procurement process for the Project. The State in its letter to Council dated 12 February 2014 advised that the joint assessment panel identified the ASF Consortium as the “one possible proponent to undertake the development of a cruise ship terminal in the Broadwater”. The State has used the term “possible proponent” to describe the ASF Consortium instead of “Preferred Proponent” because the State has elected to end the procurement process under the RFDP document and not select a “Preferred Proponent”.


11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE (Continued)


676 – 25 March 2014



How will the public consultation make it clear that the consultation is to gauge community support for a large scale development proposed for the Broadwater and not just for the cruise ship terminal?

Answer:

The State in its letter of 12 February 2014 outlined the conditions under which ASF Consortium could further advance its detailed proposal for the Broadwater Marine Project. These included a requirement to ‘undertake extensive community consultation and provide evidence of the degree of public support for the scale of the development proposed at the Broadwater’.

It appears that the reference to “scale of the development proposed at the Broadwater” means that the State requires consultation to be undertaken in respect of precisely that, and not just the cruise ship terminal component of the proposal.

Further, it is important to note that the State is the approval authority for ASF Consortium’s Community Consultation Plan. However Council was afforded a brief opportunity to provide (Officer) observations on the draft plan to both ASF and the State Government.

Among these, Council observed that ‘Confidence in the survey sample would increase through: The extent to which the key project facts cover project details such as:

(a) content of the design

(b) process, and

(c) operation of the project site

677 – 4 April 2014

11.1 Divisional Allocations – Concerts and Functions and Roadside Dining

QUESTION: Cr Gates

Could the CEO bring back a report detailing all 2013-14 divisional allocations for Concerts & Functions and Tables & Chairs funding to be supplied to Councillors in preparation for the 2014-15 Budget discussions.

Answer: Yes, a draft report has been prepared.


12 PRESENTATION OF PETITIONS 12.1 NORTHERN GOLD COAST NETBALL ASSOCIATION COURTS IRRIGATION

PN235885/16 RESOLUTION G14.0506.036 Moved Cr Caldwell Seconded Cr Tozer That the above Petition be received and referred to the Community and Cultural Development Committee for consideration and report to Council.

CARRIED

12.2 DOG BARKING – BURLEIGH WATERS PN151007/16

RESOLUTION G14.0506.037 Moved Cr Grew Seconded Cr Gilmore That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

12.3 LIFTING OF 2 HOUR PARKING – GRIFFITH UNIVERSITY

PN328140/16 RESOLUTION G14.0506.038 Moved Cr Crichlow Seconded Cr Owen-Jones That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED 12.4 TERMINATION OF LEASE – DISCOVERY TENNIS CLUB

PN183795/20/01 RESOLUTION G14.0506.039 Moved Cr Owen-Jones Seconded Cr La Castra That the above Petition be received and referred to the Community and Cultural Development Committee for consideration and report to Council.

CARRIED


13 GENERAL BUSINESS 13.1 SUPPLY AND DELIVERY TRACK MARKING PAINT TO ASHMORE LITTLE

ATHLETICS CLUB X PN44874/16/-(P2)

RESOLUTION G14.0506.040 Moved Cr Crichlow Seconded Cr La Castra That $1000.00 be set aside under Division 6 Minor Works for the immediate supply and delivery of 10 buckets of track marking paint to the Ashmore Little Athletics Club to remark their track. Maintenance Services will be coordinating the supply and delivery of the paint.

CARRIED 13.2 HERO IMAGERY FOR DRAFT CITY PLAN 2015 PUBLIC CONSULTATION

PROMOTION PD98/1132/25(P9)

RESOLUTION G14.0506.041 Moved Cr Betts Seconded Cr Caldwell The attached three hero images will be used for promotion of the Draft City Plan 2015 during public consultation;

The priority of the images is as follows:

Picture 1 - Description – Photo taken from Currumbin Valley with the skyline in the far distance. To supplement the use of the primary “hero” image on communication and marketing collateral when appropriate during the Draft City Plan 2015 public consultation phase. Picture 2 - Description – Whole of city aerial photo from Currumbin looking north including the sky and coastlines with beach views. To be the primary image utilised on communication and marketing collateral during the Draft City Plan 2015 public consultation phase including, pull up banners, posters, hard copies of the draft plan. Picture 3 - Description – Aerial photo facing east over Hinze Dam with the skyline in the background. To supplement the use of the primary “hero” image on communication and marketing collateral when appropriate during the Draft City Plan 2015 public consultation phase.

CARRIED


13 GENERAL BUSINESS (Continued)

Photo taken from Currumbin Valley with the skyline in the far distance.



Whole of city aerial photo from Currumbin looking north including the sky and coastlines with beach views.



Aerial photo facing east over Hinze Dam with the skyline in the background.


14 OTHER BUSINESS Nil There being no further business, the meeting was declared closed at 4.09pm.


I hereby certify that these pages Numbered 1 to 216 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday, 6 May 2014.

................................................................. MAYOR