Adopted Report City Planning Committee Meeting - Gold Coast City ...

537th Council Meeting 14 September 2009 City Planning Committee Meeting 8 September 2009

1 Report

537 Adopted Report of the

City Planning Committee Meeting held on

Tuesday, 8 September 2009 at

09:00 am G6 Committee Room Nerang Administration Centre Nerang Southport Road Nerang

Our positioning statement Working for our future - today Our city vision Defined by our spectacular beaches, hinterland ranges, forests and waterways, the Gold Coast is an outstanding city which celebrates nature and connects distinct communities with the common goal of sustainability, choice and wellbeing for all. Our mission Leading the way towards a bold future that can sustain growth and economic development while retaining a lifestyle that is uniquely ‘Gold Coast’.


2 Adopted Report

Index Adopted Report City Planning Committee Meeting Tuesday, 8 September 2009 Item

Div.

1

2

11

File

Page

Subject

WF54/57(P1)

4

HOPE ISLAND REPORT 109 STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS

PN167395/01/DA1(P1)

41

MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA

Closed Session

3

PN234473/02/DA1

76

REPORT ON FOOTPATH ISSUES AT LOT 972 SP125983, EASTER CRESCENT, PACIFIC PINES

General Business

4

PD611/536

78

CIP PROJECT FOR CHEVRON ISLAND

5

PN14740/16

79

SITE INSPECTION FOR AFFORDABLE HOUSING APPLICATION AT 8 HANSFORD ROAD COOMBABAH


3 Adopted Report

ATTENDANCE

Cr E L Shepherd Cr J Wayne Cr D Gates Cr G Pforr Cr P J Young Cr S K Douglas Cr G Betts

Chairperson

left meeting at 9.36am

Cr J Grew (Visitor) Mr M Hulse Mr S Hossain Mr R Sharpe Mr J Lee Mr B Smith Mr A Winter Mr J Wagner

Left meeting at 9.15am Manager Implementation & Assessment Executive Coordinator Engineering & Environment Assessment Executive Coordinator Planning Assessment Supervising Planner MCU Citywide South

APOLOGIES ADOPTION BY COUNCIL 14 SEPTEMBER 2009 RESOLUTION

G09.0914.004

moved Cr Shepherd

seconded Cr Pforr

That the Report of the City Planning Committee Meeting held on Tuesday, 8 September 2009, covered by Recommendations numbered CP09.0908.001 to CP09.0908.005 be received. CARRIED RESOLUTION

G09.0914.006

moved Cr Shepherd

seconded Cr Pforr

That the Report of the City Planning Committee’s Recommendations of Tuesday, 8 September 2009, numbered CP09.0908.001 to CP09.0908.005, be adopted with the exception of:Recommendation Number

CP09.0908.002 which was specifically resolved. CARRIED


4 Adopted Report

ITEM 1 ECONOMIC DEVELOPMENT & MAJOR PROJECTS HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Refer 24 page Attachment 1

BASIS FOR CONFIDENTIALITY

Not applicable. 2

EXECUTIVE SUMMARY

Not Applicable 3

PURPOSE OF REPORT

To advise Council that standard Operational Works conditions (refer Attachment 1) have been prepared for use when conditioning current and future Operational Works (OPW) Prescribed Tidal Works, Applications for pontoons located in the Hope Island Channel. To seek Council’s authorisation for Operational Works (OPW) - Prescribed Tidal Works, Applications for Pontoons in the Hope Island Channel to be assessed under delegated authority. To establish an exclusion zone for works adjacent the proposed Sickle Avenue south bridge and seek Council’s authorisation to obtain legal advice as to the best options for dealing with applications within the zone .

4

PREVIOUS RESOLUTIONS

Council, at its meeting of 12 December 2008, resolved in part (Ex Minute G08.1212.017): 1

That Council adopts a policy position in the affirmative for the application of pontoons on Council freehold land in the Hope Island Canal.

2

That Council writes to the applicant for the Operational Works - Prescribed Tidal Works, Application for Pontoons located in the Hope Island Canal advising of Council's policy position.

3

That Council notes Operational Works application approvals of this type are normally done by delegated authority but in this instance approval of the Operational Works Prescribed Tidal Works, Application for Pontoons in Precinct 2 of Marina Quays be by Council resolution.

4

That the CEO prepare a further agenda item on the outcome of the OPW incorporating all associated issues impacting on pontoons in the Hope Island Canal.

5

That it be noted that this decision does not commit Council to a requirement that it construct further bridges in the Hope Island area. Instead, hydraulic concerns in the canal will be investigated and considered by Council as part of the approval process for the operational works application. If Council is not satisfied that the hydraulic concerns can be adequately addressed by the applicant, Council has the discretion to reject the relevant operational works application for pontoons.


5 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) 5

DISCUSSION

5.1

Background

Council recently affirmed its support for developers/owners to submit application for pontoons in the Hope Island Channel. This was not pre-empting the planning approval process and approving pontoons outright but allowing further information to be submitted to Council, so Council can give proper consideration to their suitability in the channel. Integral to addressing the suitability of pontoons in the Hope Island Channel are the hydraulic requirements. Over the last year applicants have been required to demonstrate no flooding impacts onto the private properties or alternatively increase the conveyance capacity of the Channel without causing inundation to the private properties or obtain written consent from the affected property owners and submit to the Council. As part of current applications Council has been able to review the information and draft appropriate Material Change of Use conditions and Operational works conditions that may be applied to future applications for pontoons in the flood mitigation channel. This has included an assessment of the ongoing maintenance of the channel. As discussed in the most recent MCU application the applicant will be required to prepare a Hope Island Channel Management Plan for the area designated under the lease. Ultimately, the lessee will be responsible for compliance with the Hope Island Channel Management Plan which includes monitoring and maintenance of the channel profile within the leased area for navigation and flood mitigation requirements. The aim of having each applicant prepare a Hope Island Channel Management Plan is to ensure responsibilities are clearly assigned at an early stage. Should leases issue for pontoons in the channel under the Management Plan the responsibility rests with the lessee to maintain the leased area because there is significant risk to Council if Council were to maintain the leased area because of potential damage to private infrastructure. Council will be responsible for the ongoing maintenance of the channel for flood mitigation purposes in perpetuity. This will be achieved through preparation of a Hope Island Channel Maintenance Plan. It is proposed that these conditions be made available to Planning Environment and Transport for use in assessing future pontoon OPW applications in the Hope Island Channel. .


6 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) 5.3 Operational Works conditions Council officers have prepared a set of standard conditions to be available for use for OPW's for pontoons in the channel. These conditions have been prepared and reviewed by Legal Services for their reasonableness for marina –style applications. The following provides a detailed overview of the reasoning for each of the conditions to be considered for application in the assessment of pontoons in the channel. Standard Conditions 2 Maritime Safety Queensland, 3 Queensland Fire and Rescue Under IDAS process External Referral agencies include Queensland Maritime Safety (MSQ) and Queensland Fire and Rescue (FRQ) and the responsibility rests with the applicant to ensure their requirements are met. Should no response be received by Council the referral agency's are deemed to have no comment and are accepting of the application. However, in view of Council being the freehold landowner it is necessary for Council to be satisfied their requirements have been considered. As such, a meeting was held with MSQ and current pontoon applications were tabled. MSQ advised they were generally happy with the intent of the proposed pontoons in the channel keeping in mind each application will be assessed on its individual nature. Irrespective of whether pontoons are allowed in the channel MSQ did advise that Council should investigate water safety. This includes signage indicating speed and whether there is a need for navigation lights. It is proposed that Council commission MSQ to undertake an assessment with respect to maritime safety in the channel. Council can regulate the speed to 6 knots with enforcement by MSQ. It should be noted that, if Council chooses to adopt a lower speed environment, MSQ are not able to enforce below 6 knots. Standard Condition 4 Use Restriction The proposed pontoons will only be available to owners or occupiers of residential dwellings located within the lots described under this condition. The current Hope Island Local Area Plan does not consider fully commercialised pontoon operations consistent with the intent of the uses adjacent the channel under the LAP and Council must ensure that these pontoons remain for residential use only. It is at Council's discretion to deem what properties are to be included. However, as a rule of thumb it should be limited to those lots that are in close proximity to the waterway. Standard Condition 5 - Tenure to be secured and Information Note The inclusion of such a condition is self evident and has been adopted from the standard OPW prescribed tidal works applications. Council should not relinquish an interest in the channel for pontoons until a lease is signed. Standard Condition 6 Written notice of works timetable and contractor & 7 Notice of practical completion These are standard conditions applied to OPW's to ensure Council is informed of contract and contractor details so Council may respond to any compliance issues that may eventuate during the works.


7 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Standard Condition 8 Use of Structures This is to ensure that use of the pontoons may not commence until the management plan for the leased area has been prepared by the applicant and agreed to by Council.

Engineering and Design Requirements Standard Condition 9 No adverse effect on stability of bed, banks and adjoining structures This has been adopted from the OPW prescribed tidal works standard conditions and modified to highlight any impacts the works may have on revetment walls. Standard Condition 10 Navigation aids As noted earlier Council would be responsible for the safe navigation of the channel irrespective of whether Council approves pontoons in the channel. However, the applicant is responsible for any navigation aids that may be required as a result of their application. Standard Condition 11 Lighting This has been adopted from the OPW prescribed tidal works standard conditions for lighting. Standard Condition 12 Building near or over services & 13 Existing stormwater outlets This has been adopted from the OPW prescribed tidal works standard conditions. Previous work undertaken during the construction of boardwalks highlighted the need for applicants to be mindful of existing Council services that access the channel. Such a condition will alleviate a recurrence of previous issues during construction. Standard Condition 14 Pile embedment & 15 Pile as-constructed documentation Council needs to ensure that dredging tolerances combined with a 100 ARI event storm will not impact on the structural integrity of the pontoon piles. Standard condition 16 maximum vessel size This has been adopted from the OPW prescribed tidal works standard conditions and modified to address Council requirements as freehold owner of the channel. Council acting in a lessor role will need to ensure vessel owners are aware the design of the pontoons under the Australian Standards and approved hydraulic impact report constrains the size of the vessel and those constraints should be clearly marked on each pontoon. Visibility from both land and water is one mitigation measure necessary to ensure oversized vessels are not moored at the pontoons.


8 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Standard condition 17 Removable pontoons Neither Council, nor any reasonable person, can predict with certainty the amount and type of sediment that will be deposited in the leased area, that must be extracted by dredging. The design of the pontoons should cater for removal of the pontoons, if necessary, and limit allegations by future lessees that Council should have been alert to such an event occurring thus limiting pontoon lessee's recourse for Council to undertake the work or contribute funds for same. Environmental Requirements Standard condition 18 No adverse effect on natural features and qualities of surrounding waters This has been adopted from the OPW prescribed tidal works standard conditions.

Standard condition 19 Use of treated timber This has been adopted from the OPW prescribed tidal works standard conditions. Manner in which works are constructed Standard condition 20 Construction management plan & 21 Construction hours Council requires careful management of building work within its municipal boundaries. To achieve this, the City requires many developers to prepare a Construction Management Plan (CMP) that takes into account all relevant aspects of building work. The need for a Construction Management Plan depends on the nature of work, likelihood of disruptions, impact on local amenity, dangers or risks involved, traffic management or any other relevant issue required to be addressed under the planning approval. The CMP must address a range of health, safety, traffic management and amenity issues relating to the construction site and adjoining community. It must also consider broader obligations including recycling, waste management and environmental initiatives. Standard condition 22 Marine plant and equipment, 23 Removal of obstructions 24 Removal of debris, rubbish and other material & 25 Public safety to be ensured This has been adopted from the OPW prescribed tidal works standard conditions.

Plumbing and Drainage Works Standard conditions 26 Application for compliance permit for fire services plumbing work required & 27Application for compliance permit for water supply plumbing work required These are standard OPW conditions.


9 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Hydraulic Standard condition 28 Compliance with hydraulic impact assessment report, 29 consent letter required , 30 Engineering design, drawings to be submitted, 31 construction of Santa Barbara road crossing culvert, 32 construction of Sickle Avenue Park Bund, 33 Infrastructure Agreement - Santa Barbara Road culverts and Sickle Park bund, are included to ensure the continued flood mitigation performance of the channel . Council should require compliance with the approved flood impact report and with standard condition 28 emphasising compliance with modified base case B05 and Developed Base Case DE15b. These requirements were outlined in the Material Change of Use agenda item presented to Council for the APH pontoons. It is envisaged that once: i

ii iii

certification is provided by a RPEQ that the two additional culverts underneath Santa Barbara Road have been constructed in accordance with the approved flood impact report, certification is provided by a RPEQ that The Sickle Avenue park bund has been constructed in accordance with the flood impact report, and consent letters from affected property owners accepting the impacts outlined in the flood investigation report,

have been forwarded and are assessed as having met the requirements of Council that standard conditions 29 - 32 not be applied to further applications. At the time of preparing this agenda item consideration is being given to allowing applicants to move forward with the construction of pontoons without the prior construction of the two additional culverts underneath Santa Barbara road and the bund in Sickle Park, as they are not immediately required under the flood impact report. This may require the first applicant entering into an Infrastructure Agreement. The trigger for the construction of the culverts and the bund would be the earlier of 5 years or the number of pontoons required that would cause adverse hydraulic impact outside of approved hydraulic report. This number of pontoons is currently being determined. Should Council resolve to adopt this approach standard conditions 31 and 32 should be replaced with the standard condition 33. Acid Sulphate Soils and Groundwaters Standard conditions 34 Acid sulphate soils and 35 Investigation results and management plan to be submitted These are standard OPW conditions. Public Open space - Land Based Boardwalk Standard condition 36 Impact on boardwalk


10 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Standard of Works & Certifications Standard condition 37 Standard of work This has been adopted from the OPW prescribed tidal works standard conditions. Standard condition 38 Engineering certification to be submitted Certification both before commencement of works and after completion of works has been condensed to simplify compliance administration. In accordance with the explanation provided for the Hydraulic standard conditions, standard conditions 38 iv and 38 v are assessed as having met the requirements of Council that they not be applied to further applications. Alternatively if an Infrastructure Agreement, required in standard condition 33, is entered into these conditions do not have to be included. Ongoing Use and Maintenance Requirements Standard condition 39 Maintenance of tidal works This has been adopted from the OPW prescribed tidal works standard conditions. Standard condition 40 Vessel / craft must not cause navigation hazard Via this condition Council is seeking enforcement through the development compliance process to ensure any vessels that adversely affect navigable access/egress from a neighbouring lot are removed. Standard condition 41 Vessel/craft waterway access and Information Note This condition need only be applied on applications over channel lots upstream of channel land that has not yet been secured in Council freehold. Council also seeks to clearly convey to the applicant that a lease must be entered into before commencement of works.


11 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Standard condition 42 Management of Leased Area - Hope Island Channel Management Plan and Information Note The applicant must prepare a Hope Island Channel Management Plan for the area designated under the lease. Ultimately, the lessee will be responsible for compliance with the Hope Island Channel Management Plan which includes monitoring and maintenance of the channel profile within the leased area. The lessee will also be responsible for the ongoing monitoring of the revetment walls and maintenance of same. It is noted revetment walls are an issue in other waterways about the city. The aim of having each applicant prepare a Hope Island Channel Management Plan is to ensure responsibilities are clearly assigned at an early stage. In summary, the applicant will be required to address the following key points: i

Maintenance of Revetment Walls

ii

Revetment wall Stability Monitoring and Maintenance Program

iii

Sediment Monitoring and Dredging Management Program

iv

Pollutant Monitoring Program

v

Erosion Monitoring and rectification Program

vi

Maintenance and Cleaning Program

vii

Operational Phase Environmental Management Plan

viii

Waste Management Plan

ix

Plans - Quay Line, waterway regulation line, building setback line

x

Vessel Length Management Plan

xi

Fire Management Plan

Key to standard condition 42 is the information note that emphasises council will only maintain the channel fairway for flood mitigation purposes and does not commit to the provision of navigable access in the fairway. By way of note, the main constraint facing the navigable use of the channel is the watercourse at the mouth of the channel. Council seeks to clearly inform the applicant these are State controlled areas may restrict the size of vessels that enter the channel and Council alerts the applicant it has no controlled over these state controlled waterways. Standard condition 43 Applicant responsibilities, 44 Indigenous cultural heritage legislation and duty of care requirement, 45 obligation to ensure electrical safety and 46 Rights of appeal These are standard OPW conditions. It is recommended that since the standard conditions for Operational Works (OPW) Prescribed Tidal Works, Applications for Pontoons located in the Hope Island Channel have now been ratified Planning Environment and Transport revert to issuing the approvals under delegated authority.


12 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) 5.3

Sickle Avenue South Bridge

At its meeting of 31 July 2007 (Ex Minute G06.0731.048) Council resolved to hold in abeyance the tender process for the Sickle Avenue South Bridge until the Judicial Review Application for the levying of the 2005 Hope Island Canal Infrastructure Special Charge was decided. However, as a result of the Judicial Review decision delivered by the Supreme Court of Queensland on 7 November 2006 and Council’s previous decision (Ex-Minute G06.0731.048), the construction of the Sickle Avenue Southern Bridge was held in abeyance until all court proceedings with respect to the special charge were finalised. It is proposed to further hold in abeyance the construction of the south bridge until properties are levied the new special charge for the south bridge as part of the 2010/11 budget and those properties have either paid upfront or signed deferral agreements. This will impact on those properties adjacent the bridge seeking approval of pontoons. Council is in receipt of two OPW applications for pontoons (PN254733/03/DA5 and PN254731/03/DA6) adjacent the Sickle Avenue South Bridge (refer Attachment 2). Council must form a position on the assessment of all pontoons adjacent the Sickle Avenue south bridge. A number of options follow: Option 1 - Outright refusal of the MCU and OPW applications for pontoons for properties adjacent the bridge. Council would advise applicants that applications will only be considered once Council is in receipt of a practical completion certificate for the construction of the bridge. Option 2 - This option provides applicants the ability to seek the approval of a number of pontoons along the frontage of their property so long as it does not encroach into a defined exclusion zone. . Considering the two main constraints, bridge constructability and sedimentation, a exclusion zone has been determined. The overriding constraint on the western side (upstream) is considered to be sedimentation. The area affected is estimated to be approximately 50 metres upstream from the centreline of the Sickle Avenue road reserve. The constraint on the eastern side (downstream) is also sedimentation. The area affected is estimated to be approximately 90 metres downstream from the centreline of the Sickle Avenue road reserve (refer Attachment 3). This allows for some siltation occurring from the scouring of the bridge fill material until it is removed once the bridge is constructed. At this stage it is not known the manoeuvring room required for a dredge to allow the dredging of the remaining fill material once the bridge construction is completed. Option 3 - This option allows for the preliminary approval of the pontoons in the exclusion zone but provides a condition on the applicant that a development permit authorising works to commence will not be issued until the Sickle Avenue south bridge has reached practical completion. This enables the approval of a concept plan only, with the final configuration of pontoons to be determined at a later date, when the design of the Sickle Avenue Bridge is known, enabling consideration of any development constraints arising from the design before a final plan is approved for pontoons.


13 Adopted Report

ITEM 1 (Continued)

HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Such a condition is considered in light of the applicant spending considerable funds on the preparation of an application in response to Council's policy decision on pontoons in December 2008. Council's position should be clear, as per the resolution of the December 2008, in that it clearly articulates the approval of the pontoons does not compel Council to construct the south bridge. It is proposed to seek legal advice as to the most appropriate options to deal with applications in the exclusion zone, and provide a further report to Council on the outcomes of that advice..

6

STATUTORY MATTERS

Not applicable. 7

CORPORATE/OPERATIONAL PLAN

Strategic Priority Nine – City Assets: 9.1.2

Assets are planned, created and managed to minimise whole of life costs and maximise value (economic, social and environmental) to the city whilst maintaining their defined level of service and safety

9.1.3

Ensure appropriate levels of funding for city assets

Strategic Priority Ten – Diversify and Strengthen the Economy to achieve the following outcome: 10.1.1 Growth in the industry sectors targeted by the Economic Development Strategy:

Marine

10.1.2 Increased employment opportunities Strategic Priority Thirteen – Land Use and Development Control 13.1.1 A robust framework for the management of new development to ensure integrated land use, transport, environmental and social planning 8

COUNCIL POLICIES

Not applicable


14 Adopted Report

ITEM 1 (Continued)


DELEGATIONS

OPW approvals for this type of structure are generally processed by delegation. Since Council resolved in December 2008 that the first OPW approval be by Council resolution a significant amount of work has been undertaken to prepare the standard conditions. These standard conditions are now at a level that allows approval of the first marina style OPW and all subsequent OPW's by delegated authority. 10

BUDGET/FUNDING

Not applicable. 11

COORDINATION & CONSULTATION

For the purposes of preparing the standard OPW conditions this report has been coordinated between: (a)

Planning Environment & Transport, Implementation and Assessment,

(b)

Engineering Services, Engineering Assets and Planning,

(c)

Organisational Services, City Property & Parks, and

(d)

City Governance, Legal Services

For the purposes of preparing an exclusion zone around the Sickle Avenue South Bridge this report has been coordinated with Planning Environment & Transport, Waterways and Flood Management. 12

TIMING

Once the recommendations are resolved they put into effect immediately. 13

STAKEHOLDER IMPACTS

Standard conditions for the assessment of pontoon OPW's in the channel will improve the efficiency with which developers can move forward with their developments. The provision of the standard conditions will also provide efficiencies to the PET assessment process and ensure assessment officers and their successors are aware of the reasons supporting the standard conditions.


15 Adopted Report

ITEM 1 (Continued)


CONCLUSION

Council is in recept of a number of OPW applications for pontoons in the Hope Island Channel and this has allowed Council to prepare standard OPW conditions. The OPW conditions presented in this agenda will allow the first and all subsequent OPW application to be considered under delegated authority, provide efficiencies to the PET assessment process and ensure assessment officers and their successors are aware of the reasons surrounding the development of the standard conditions. The standard conditions cater for the scenario of allowing pontoons to be constructed prior to the construction of the two culverts underneath the Santa Barbara road and the construction of the Sickle Park bund via an Infrastructure Agreement. Included in such an agreement would be a trigger for the construction of these two infrastructure items. The trigger would be the earlier of 5 years of a specific number of pontoons. Council must also form a position in relation the approval of pontoons adjacent the proposed Sickle Avenue South Bridge. It is considered that a pontoon construction exclusion zone be enforced upstream and downstream of the Sickle Avenue road reserve. 15

RECOMMENDATION

It is recommended that Council resolves as follows: 1.

That Council authorises Operational Works (OPW) - Prescribed Tidal Works, Applications for Pontoons in the Hope Island Channel to be assessed under delegated authority.

2.

That Council notes the Hope Island standard conditions attached to this report for Operational Works (OPW) - Prescribed Tidal Works, Applications for Pontoons located in the Hope Island Channel.

3.

Prior to the commencement of pontoon works within the defined exclusion zone affecting lots 89 on RP902253, 90 on RP901004, 2 on SP216282 and 0 on BUP106927 (CTS24715), and their subdivided lots, , that exclusion zone being 50 metres upstream and 90 metres downstream from the centre line of the Sickle Avenue road reserve, the Sickle Avenue South Bridge must have reached practical completion.

4.

That Council instruct the Chief Executive Officer (Director EDMP) to obtain legal advice as to the most appropriate options to deal with applications in the exclusion zone.

Author:

Authorised by:

Justin Harris Major Projects 19 August 2009

Darren Scott Director Economic Development and Major Projects


16 Adopted Report

ITEM 1 ECONOMIC DEVELOPMENT & MAJOR PROJECTS HOPE ISLAND REPORT 109 - STANDARD OPERATIONAL WORKS CONDITIONS - PONTOON APPLICATIONS WF54/57(P1) Cr Pforr advised a perceived conflict of interest but declared there was not any conflict and he could remain impartial and vote in the community’s best interest. Cr Pforr remained in the room for discussion and voting on this item.

COMMITTEE RECOMMENDATION CP09.0908.001 moved Cr Betts seconded Cr Douglas That Council resolves as follows: 1.

That Council authorises Operational Works (OPW) - Prescribed Tidal Works, Applications for Pontoons in the Hope Island Channel to be assessed under delegated authority.

2.

That Council notes the Hope Island standard conditions attached to this report for Operational Works (OPW) - Prescribed Tidal Works, Applications for Pontoons located in the Hope Island Channel.

3.

Prior to the commencement of pontoon works within the defined exclusion zone affecting lots 89 on RP902253, 90 on RP901004, 2 on SP216282 and 0 on BUP106927 (CTS24715), and their subdivided lots, , that exclusion zone being 50 metres upstream and 90 metres downstream from the centre line of the Sickle Avenue road reserve, the Sickle Avenue South Bridge must have reached practical completion.

4.

That Council instruct the Chief Executive Officer (Director EDMP) to obtain legal advice as to the most appropriate options to deal with applications in the exclusion zone.

Record of Voting: For:

7

Against: Absent: Abstained:

0 0 0

Cr Pforr; Cr Betts; Cr Wayne; Cr Gates; Cr Young; Cr Douglas; Cr Shepherd

CARRIED


17 Adopted Report

Attachment 1.1 STANDARD CONDITIONS OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS FOR PONTOON APPLICATIONS WITHIN THE HOPE ISLAND CHANNEL APPROVED PLANS/DRAWINGS 1

Development to be generally in accordance with specified plans/drawings The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice. Plan No.

Rev.

Title

Date

Prepared by

Certified by

2

Prior to the commencement of works the applicant must demonstrate compliance with all aspects of AS3962-2001 (for example marina berth configuration, the navigable width of the Hope Island Flood Mitigation Channel, design of pontoon structures and the like), and provide documentary evidence from Marine Safety Queensland to the effect that its requirements have been met.

3

Prior to the commencement of works the applicant must provide documentary evidence from Queensland Fire and Rescue services to the effect that its engineering and design requirements if any have been met.

4

The Marinas shall be for the use of the owner or occupiers of the residential dwellings located within: a

Lots XX on XX,

b

Lot XX and any lots created from it, and

c

Lot XX and any lots created from it,

and shall not be open for use by the general public.


18 Adopted Report

Attachment 1.2 APPROVAL & DOCUMENTATION REQUIREMENTS 5

Tenure to be secured Prior to the commencement of the works, the applicant must secure tenure over the land in which the work is to be located and the land adjoining the work by way of entering into a lease with Gold Coast City Council on terms required by the Chief Executive Officer. Information Note: The grant of this approval does not confer upon the applicant any right to use or occupy Council’s land. Any use and occupation of Council’s land is subject to the applicant making application for a lease of Council’s land and that application being approved by Council. Any lease approval, if granted, is subject to conditions pertaining to the rental, maintenance obligations of the lessee and such other conditions as deemed appropriate by Council as the owner of the land.

6

Written notice of works timetable and contractor At least 10 business days prior to commencement of the works, the applicant must give the Chief Executive Officer written notice of the following:

7

a

The proposed date of commencement of the works;

b

The proposed date of the establishment of plant on the site;

c

The proposed timetable associated with the works;

d

The name and address of the on-site contractor undertaking the works;

e

The name and telephone number (work and after hours) of a contact for the onsite contractor.

Notice of practical completion Within 10 business days of practical completion, the applicant must given written notice to the Chief Executive Officer of the completion of the works.

8

Use of Structures Use of the structures, which comprise the works subject of this approval, must not commence until Council issues a certificate of completion / final inspection certificate for the works. The certificate of completion / final inspection certificate will not be issued until the applicant's Hope Island Channel Management Plan has been approved by Council pursuant to condition 42.


19 Adopted Report

Attachment 1.3 ENGINEERING & DESIGN REQUIREMENTS 9

No adverse effect on stability of bed, banks and adjoining structures The works must not adversely affect the stability of the bed and banks of any tidal water or of any adjoining structure, including any revetment wall. If, as a result of the works, any bed, bank or adjoining structure is adversely affected, the applicant must restore the bed, bank or adjoining structure to at least its former condition, to the satisfaction of the Chief executive Officer.

10

Navigation aids The applicant must supply, install and maintain, at its own cost, any navigation aids that the Chief Executive Officer considers necessary.

11

Lighting Lighting installed in relation to the work must:

12

a

Be hooded and directed downwards,

b

Comply with each lighting standard, to the extent relevant, and

c

Be positioned so as not to cause glare or other nuisance to surrounding residents and motorists.

Building near or over services Prior to the commencement of any works, a search must be made of council's Stormwater Assets Locality Plan. Any structure proposed to be built near council services must be constructed in compliance with section 7 (Building near or over council water, sewer and / or stormwater services) of Planning Scheme Policy 11 Land Development Guidelines, Standard specifications and Drawings.

13

Existing stormwater outlets The works must not adversely affect the discharge of stormwater or restrict access to any stormwater outlet.

14

Pile Embedment Pile embedment will be of sufficient depth to remain stable at a scour depth based on the velocity of the 100 ARI event storm. The design profile (no sediment deposits) will be used as the starting level for the scour plus an additional 300mm depth for over excavation that could occur during dredging operations. The design calculations will performed and certified by a suitably qualified registered engineer and submitted to Council prior to the start of construction.


20 Adopted Report

Attachment 1.4 15

Pile As-Constructed Documentation The applicant will submit to Council an as-constructed report showing pile locations and certified pile toe levels demonstrating compliance with the above.

16

17

Maximum Vessel Size a

The pontoon must only be used for mooring vessels of a maximum vessel size as described in plan number XX prepared by XX.

b

The maximum vessel size (length, beam and weight) for which the pontoon has been designed must be permanently marked on the pontoon and be clearly visible from both land and water.

Pontoons must be designed to allow them to be removed, if necessary, by the lessee(s) or other responsible persons, from the channel upon reasonable notice for the purpose of allowing dredging works to proceed in the channel unencumbered by the presence of pontoons.

ENVIRONMENTAL REQUIREMENTS 18

No adverse effect on natural features and qualities of surrounding waters The prescribed tidal work (and the carrying out of the works) must not have any adverse affect on the natural features and qualities of the surrounding waters. Without limiting the measures that must be taken to ensure this outcome: a

Water quality must be of a standard that provides for the ecological sustainability of aquatic ecosystems in accordance with the Australian Water Quality Guidelines for Marine and Freshwater, ANZECC, 1992;

b

Disturbance to the bed and banks must be kept to a minimum;

c

Measures must be taken to limit turbidity in the waters;

d

Measures must be taken to minimise pollution of the waterway as a result of silt runoff, and the discharge of other contaminants, such as fuel, oil and hydraulic fluid;

e

The site must be assessed for the occurrence of acid sulphate soils where any excavation is proposed in or adjacent to the waterway and action must be undertaken to manage acid sulphate soils where avoidance is not reasonably practicable; and

f

Any environmental harm (whether direct or indirect, cumulative or immediate) arising out of the works must be rehabilitated at the applicant’s cost, to the satisfaction of and in accordance with any directions of the Chief Executive Officer.


21 Adopted Report

Attachment 1.5 19

Use of treated timber Where treated timber (such as Copper Chrome Arsenate (CCA) treated timber) is to be used in the work: a

The timber must not be used until all external surfaces are dry from the treatment process;

b

The timber must be sawn or drilled over a catchment sheet;

c

All off-cuts and residue material must be disposed of to an approved landfill site.

MANNER IN WHICH WORKS ARE CONDUCTED 20

Construction Management Plan Prior to the start of construction the applicant shall submit a construction management plan that addresses the following: • Public Safety, Amenity and Site Security

21

•

Operating Hours, Noise and Vibration Controls

•

Air and Dust Management

•

Stormwater and Sediment Control

•

Waste and Materials Re-use

•

Traffic Management / Transportation Routes

•

Navigation Safety and Notification

Construction hours The hours of construction of the works (including demolition and operation of any plant, machinery and/or other equipment) is restricted to between 0630 and 1830 Monday to Saturday. Works must not be undertaken on Sundays or public holidays.


22 Adopted Report

Attachment 1.6 22

Marine plant and equipment All marine plant and equipment used in the carrying of the works must be:

23

a

Appropriate for the particular works and for achieving compliance with other conditions of this approval;

b

Operated in compliance with the Transport Operations (Marine Safety) Act 1994 and associated regulations, including without limitation, requirements in respect of registration, licensing of persons and compliance with the collision regulations;

c

Kept clear of navigation channels when working or moored;

d

Positioned, marked and lit as directed by the Regional Harbour Master;

e

Fitted with effective silencing devices to keep noise to a minimum;

f

Maintained to minimise discharge of noxious fumes and pollutants; and

g

Removed at practical completion of the works.

Removal of obstructions If any snags or obstructions are encountered in the carrying out of the works, the applicant must remove and dispose them, subject to any direction by the Chief Executive Officer and the securing of all necessary approvals and at no cost to Council.

24

Removal of debris, rubbish and other material All debris, rubbish and other material in and adjacent to the waters arising from the carrying out of the works (other than deposited material shown on the approved plan) must be removed as soon as reasonably practicable and no later than practical completion of the works.

25

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.


23 Adopted Report

Attachment 1.7 PLUMBING AND DRAINAGE WORKS 26

Application for compliance permit for fire services plumbing work required a

The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the Marina. 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 Marina as per AS3962-2001. 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.

b 27

Evidence of compliance to this condition must be provided prior to the earlier of endorsement of survey plans or commencement of the use.

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 regulated water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all water services within the property. 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.

HYDRAULICS 28

Compliance with Hydraulic Impact Assessment Report a

The submitted flood investigation report being “Marina Quays – Flood Investigation Jetties and Pontoons – Hope Island Canal” prepared by Cardno Lawson Treloar (Ref: LJ8803/Lt6:JMcA/rbd) dated 21 May 2009 has been approved for the Modified Base Case B05 and Developed Case DE15b that account for the impacts of the proposed development. Note that developed case (DE15b) comprises of two additional culverts under Santa Barbara Road crossing, Sickle Avenue Park Bund, ultimate development of pontoons & jetties within Hope Island Channel and existing causeway at the Sickle Avenue South arm. Information Note: The applicant must not exceed the ratio of berths per 100 linear metres used to assess hydraulic impact as set out in the approved hydraulic Impact report prepared by Cardno Lawson Treloar (ref:LJ8617_02/Lt2:JMcA/RBD, 18 May 2009 & LJ8617/Lt3:CLC/kb, 16 June 2009.

b

All works in relation to the jetties & pontoons must be carried out and completed in accordance with the approved flood investigation report.


24 Adopted Report

Attachment 1.8 29

Consent Letter Required Prior to commencement of any pontoons and jetties works, the applicant shall submit revised consent letters from any affected property owners accepting impacts as outlined in the approved flood investigation report (Cardno Lawson Treloar, 21 May 2009, Ref: LJ8803/Lt6:JMcA/rbd.

30

Engineering design, drawings to be submitted Prior to commencement of any pontoons and jetties works, the applicant shall submit the engineering design drawings and obtain Council’s approval for the construction of Culverts under Santa Barbara Road Crossing and Bund along the boundary of Sickle Avenue Park adjacent the flood mitigation channel.

31

Construction of Santa Barbara Road Crossing Culvert The applicant must construct the proposed two additional culverts underneath the Santa Barbara Road Crossing at no cost to Council prior to commencement of any works related to pontoons & jetties within the site. Certification from a Registered Professional Engineer Queensland (RPEQ) specialising in Bridge Hydraulics must be submitted prior to commencement of works stating that the culverts have been constructed in accordance with the approved flood investigation report (Cardno Lawson Treloar, 21 May 2009, Ref: LJ8803/Lt6:JMcA/rbd) and associated design drawings.

32

Construction of Sickle Avenue Park Bund The applicant must construct the proposed Sickle Avenue Park Bund at no cost to Council prior to commencement of any works related to pontoons & jetties within the site. Certification from a Registered Professional Engineer Queensland (RPEQ) must be submitted prior to commencement of works stating that the proposed bund has been constructed properly in accordance with the approved flood investigation report (Cardno Lawson Treloar, 21 May 2009, Ref: LJ8803/Lt6:JMcA/rbd) and associated design drawings.


25 Adopted Report

Attachment 1.9 33

Infrastructure Agreement – Santa Barbara Road Culverts and Sickle Avenue South Bund Prior to commencement of any works related to pontoons & jetties within the site the applicant must enter into an infrastructure agreement with Council for the provision, by the applicant, for the construction of the proposed two additional culverts underneath the Santa Barbara Road Crossing, and for the construction of the proposed Sickle Avenue Park Bund in accordance with the approved flood investigation report (Cardno Lawson Treloar, 21 May 2009, Ref: LJ8803/Lt6:JMcA/rbd) and associated design drawings, subject to the following: a

All costs associated with the preparation of this agreement, including Council’s legal costs, are borne by the applicant;

b

The applicant provide a bank guarantee for costs plus 20% to cover the construction of the two additional culverts underneath the Santa Barbara Road Crossing, and for the construction of the proposed Sickle Avenue Park Bund;

c

That the applicant constructs the two additional culverts underneath the Santa Barbara Road Crossing and constructs the proposed Sickle Avenue Park Bund the earlier of 5 years or when xx number of berths as indicated in the approved CLT dated XX XX 2009.

Information Note: The construction of the proposed two additional culverts underneath the Santa Barbara Road Crossing, and the construction of the proposed Sickle Avenue Park Bund detailed in this approval are also required of other landowners / developers in the immediate area. The intention of this condition is to require cooperation and coordination of these essential services between all parties.


26 Adopted Report

Attachment 1.10 ACID SULFATE SOILS AND GROUNDWATER 34

Acid Sulfate Soils a

The Applicant will ensure that future dredging maintenance works are conducted in accordance with the requirements of the State Planning Policy 2/02: Planning and Managing Works involving Acid Sulfate Soils.

b

The Applicant must undertake an Acid Sulfate Soil investigation on the material to be dredged, prior to works being carried out. 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).

c

The investigation must establish the following:

d

35

i

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

ii

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

iii

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

iv

The potential impacts on surrounding environment features.

If Acid Sulfate Soils are identified as being present at the completion of the investigation required by the above condition, an Acid Sulfate Soil Management Plan (‘ASSMP’) must be prepared to enable works to be undertaken in a safe and effective manner. The ASSMP must be prepared in accordance with the requirements of the Queensland Acid Sulfate Soil Technical Manual Version 3.8 (November 2002, Dear et al);

Investigation results and management plan to be submitted The applicant must submit the following to Council to be assessed and approved in concurrence with the making of any development application for operational work dredging activity: a

Details of the investigations completed pursuant to condition 1 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice) (including bore hole logs, laboratory results and chain of custody documentations); and

b

The ASSMP prepared pursuant to condition 2 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice).


27 Adopted Report

Attachment 1.11 PUBLIC OPEN SPACE – LAND BASED BOARDWALK 36

Impact on Public Boardwalk The pontoons must not hinder public use of the boardwalk. The construction and operation of the pontoons shall ensure free, permanent (and full time) and unhindered access to the boardwalk to members of the public at all times.

STANDARD OF WORKS & CERTIFICATIONS 37

Standard of work a

b

38

The work must be constructed in accordance with: i

The Prescribed Tidal Work Code (schedule 4A of the Coastal Protection and Management Regulation 2003);

ii

Each Australian Standard relevant to the design and construction of structures to the extent requirements stated in the Standard apply to the design or construction of the work; and

iii

Relevant engineering standards.

This approval does not constitute a ruling on the structural safety of the works, and it is the responsibility of the applicant to ensure adequacy of design and construction.

Engineering certification to be submitted a

Prior to commencement of any works the applicant shall submit certification from a qualified Registered Professional Engineers of Queensland (RPEQ) confirming that, i

The design of existing revetment walls is suitable for the proposed jetties and pontoons. the pile embedment will be of sufficient depth to remain stable at a scour depth based on velocity of the 100 ARI event storm pursuant to Condition 14 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice).

ii

the two additional culverts underneath the Santa Barbara Road crossing have been constructed in accordance with the approved flood investigation report pursuant to condition 32 such certification to be provided by a RPEQ specialising in bridge hydraulics (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice).

iii

the proposed Sickle Avenue Park bund has been constructed properly in accordance with the approved flood investigation report pursuant to condition 33 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice).


28 Adopted Report

Attachment 1.12

b

c

iv

the number of berths do not exceed the ratio of berths per 100 linear metres used to assess hydraulic impact as set out in the approved Hydraulic impact report pursuant to condition 4 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice).

v

the footings are designed to ensure that they are erosion resistant to safe standards.

The applicant must provide to Council: i

prior to the issue of a certificate of classification/final inspection certificate, certification from a Registered Professional Engineer Queensland (RPEQ) that the erosion resistant footings have been constructed so that they are erosion resistant to safe standards.

ii

prior to the earlier of endorsement of survey plans or commencement of the use, certification from a Registered Professional Engineer Queensland (RPEQ) that the Berths and Marinas specified in the approved flood investigation report and associated design drawings has been installed onsite and functioning as designed.

Within two months of the date of practical completion of the works, the applicant must submit to Council certification (with an original signature) from a Registered Professional Engineer Queensland (RPEQ) certifying that the works have been constructed in accordance with the approved plans and conditions of approval.

ONGOING USE & MAINTENANCE REQUIREMENTS 39

Maintenance of tidal works The tidal works must be maintained in a sound and safe state of repair in accordance with the approved plans and conditions of approval.

40

Vessel/craft must not cause navigation hazard Any vessel or other floating craft (including but not limited to a jet/surf ski) moored at the pontoon or serviced or accessed from the pontoon, or from a vessel/craft moored at the pontoon must not adversely affect navigable access to or egress from any neighbouring lot. If the Chief Executive Officer considers that any such vessel or craft adversely affects access/egress, the owner of the vessel or craft or other persons responsible, must comply with all written instructions issued by the Chief Executive Officer, including relocation of the vessel or craft if so instructed.


29 Adopted Report

Attachment 1.13 41

Vessel/Craft waterway access This Operational Works applies to the private land noted on the application, that land being Lots X RPXX. Of the land which forms part of the Hope Island Flood Mitigation Channel, only the land including Lots X RP XX is part of this application. Any permission or authorisation for access to and/or from the Hope Island Channel outside of the marina lots, being the subject of the application, and the navigational use of the Hope Island Channel to gain eventual access to the Broadwater and open waters, must be obtained under a separate application, negotiation or request. Information Note: Any future permission or authorisation for access, if given by Council, may also include (but not be limited to) requirements for payments of annual contributions for Hope Island Channel maintenance and dredging, as well as rent for any leased areas. To ensure that any restrictions concerning waterway access are reflected in leasing agreements, it is recommended that the developer/applicant complete all Hope Island Channel access matters prior to finalising any leasing documentation.

42

Management of Leased Area - Hope Island Channel Management Plan The applicant must prepare a Hope Island Channel Management Plan and submit to Council for approval prior to the issue of a certificate of classification / final inspection certificate for the area upon which the marina will be constructed. The developer/applicant and/or future principal body corporate as owner adjacent to the subject land and/or pontoon owner (as the case may be) is required to: i

enter into a lease as referred to in Condition 6 (NOTE TO OFFICER: please amend to reflect final numbering of Decision Notice) above; and

ii

comply with the terms of the Hope Island Channel Management Plan.

The Hope Island Channel Management Plan must include provisions relating to the following matters: iii

Maintenance of revetment walls to the satisfaction of the CEO;

iv

Preparation and compliance with a Revetment Wall Stability Monitoring and Maintenance Program which examines the existing revetment and the riparian zones adjacent to the site in relation to bank stability. It is highly likely that increased boat traffic will generate additional wake in the Hope Island waterway (and adjacent areas), resulting in higher potential for revetment failure or bank collapse.


30 Adopted Report

Attachment 1.14 v

Preparation and compliance with a Sediment Monitoring and Dredging Management Program. This program will specify responsibilities for dredging of the Hope Island Channel, within the lease area, including a full cost breakdown of dredging activities; the frequency of dredging required; the nomination of appropriate areas for dredge spoil deposition or disposal, treatment of dredge spoil and contaminants, and appropriate monitoring; and the clear specification of methods to undertake future dredging campaigns (including permissions and approvals, access for plant etc.). Pursuant to the program, the lessee(s) will, amongst other things, be responsible for dredging under the pontoons to a specified depth for flood mitigation purposes.

vi

Preparation and compliance with a Pollutant Monitoring Program which defines the responsibilities of lessee(s), and includes appropriate ongoing sampling intervals, testing and reporting methods with respect to sediments beneath the marina .

vii

Preparation and compliance with a Erosion Monitoring and Rectification Program which examines erosion and provides for necessary maintenance of eroded areas.

viii

Preparation and Compliance with a Maintenance and Cleaning Program which will include removal of rubbish and debris from the leased area by the lessee(s) to the satisfaction of the CEO.

ix

Preparation and compliance with an Operational Phase Environmental management Plan

x

Preparation and compliance with a waste management plan which will include the following: •

types of waste to be received and reception facilities to be provided;

•

methods of collection and disposal;

•

environmental effects and methods to avoid, remedy or mitigate any adverse effects;

•

operational procedures for cleaning and maintaining facilities;

•

emergency procedures;

•

administrative matters including documentation requirements; signage;


31 Adopted Report

Attachment 1.15 •

protocol for selection of waste disposal contractors;

•

contracts and agreements between waste disposal contactors;

•

training programmes for operators, relevant workers and clients; and

•

conditions on approvals and methods to comply with conditions, including monitoring of any adverse environmental effects.

xi

The inclusion of such details as a civil engineering concept plan(s), the location of proposed quay line(s), waterway regulation line(s), and building setback line(s) as described on the GCCC Planning Scheme Overlay Map 13.

xii

Preparation and compliance with a vessel length management plan which will include the following: •

Vessels that occupy the jetties will not exceed a length greater than indicated in the latest version of the Australian Standard AS3962 Guidelines for Design of Marinas

•

The maximum length of vessel utilizing the herein approved development shall be no longer than the berth in which the vessel is to be moored and not longer than allowed by AS 3962-2001 for the fairway width proposed. The length of a vessel shall include: −

Any underwater protuberances (such as any motor, stern drive, or rudder) and above water protuberances (such as davit, pushpit, pulpit, bow rail, or bow sprit);

−

Any other appendages, whether fixed or moveable, to the hull;

−

The vessel’s anchor or anchors;

−

Any tender or dinghy suspended on a davit or otherwise attached to the vessel; and

−

Any other fixtures, fittings or equipment extending beyond the hull of or other appendages of the vessel.


32 Adopted Report

Attachment 1.16 xiii

Preparation and compliance with a Fire Management Plan which will include the following: •

Proximity of residential and commercial structures to the jetties;

•

Emergency vehicle access to the jetty;

•

Vessels storing compressed air cylinders (scuba tanks, etc.)

•

Flammable materials including: o Storage of flammable materials on vessels (liquid and gaseous fuels, cleaning chemicals, solvents, ect.) o Flammable materials used in vessel construction (treated wood, fibreglass, chemical additives, etc) that pose risk for emergency personnel and residences.

• Fire fighting equipment types, locations, equipment inspection regimes, etc. •

Signage location

•

Evidence of approval of plan from Queensland Fire and safety

Information Note: Council will maintain the Hope Island Channel fairway for flood mitigation purposes only. Council does not provide navigable access to the Hope Island Channel. It is noted that the Council does not control the watercourse at the mouth of Council’s Hope Island Channel, and that the State controls such navigation channels as may be maintained in State waters. Navigation channels in State waters are maintained to a depth determined by the State ( Department of Transport ). This may impact upon the size of vessels that may exercise any access rights to the Hope Island Channel which may be granted by Council in the future.


33 Adopted Report

Attachment 1.17 43

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 (this may include further development approvals under the Integrated Planning Act 1997 and the planning scheme) 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’); and

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 an 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.

f

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


34 Adopted Report

Attachment 1.18 44

Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Natural Resources and Water (NRW). 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: AIs not negated by the issuing of this development approval; BApplies 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 NRW’s Cultural Heritage Coordination Unit on (07) 3238 3838 for further information on the responsibilities of developers under the AHCA.

45

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 Infoline – 1300 650 662.


35 Adopted Report

Attachment 1.19 46

Rights of appeal This notice is provided pursuant to section 3.5.15(2)(m) of the Integrated Planning Act 1997. The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997. A copy of that section is attached to the decision notice. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.28 of the Integrated Planning Act 1997. A copy of that section is attached to the decision notice. A right of appeal to the Planning and Environment Court regarding this decision is available, pursuant to section 4.1.30 of the Integrated Planning Act 1997. A copy of that section is attached to the decision notice.


36 Adopted Report

Attachment 1.20


37 Adopted Report

Attachment 1.21


38 Adopted Report

Attachment 1.22


39 Adopted Report

Attachment 1.23


40 Adopted Report

Attachment 1.24


41 Adopted Report

ITEM 2 IMPLEMENTATION & ASSESSMENT BRANCH MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 Refer 11 page attachment BRIEF SUMMARY Council is in receipt of a Material Change in Use (Code Assessment) development application to establish a Home Occupation (Tupperware Party Planning) development on the premises located at 16 Doncaster Court, Robina. The intent of the Detached Dwelling Domain is “to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and enhance the suburban character and residential amenity of these low density residential neighbourhoods. This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include: •

providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment;

•

providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes;

•

providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and

•

facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.”

The applicant is proposing to legalise a small-scale business from home, which deals with the operation of a Tupperware business. The proposed home occupation occurs within the existing dwelling and does not modify the structural appearance of the existing dwelling. The Home Occupation will be operated by the property owner/s with the employment of one (1) staff member who does not reside on the premises and occupies an approximate area of 37.1m2. The main office area will occupy a total area of 34.2m2 while the Tupperware products will be stored within an area of 2.9m2. The application is Code Assessable and as such does not require public notification. After a detailed assessment of the application it is considered that the proposal complies with all of the relevant Planning Scheme Codes, including compliance with the relevant Performance Criteria and Intent statements. It is recommended that the application be approved subject to reasonable and relevant conditions.


42 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 BASIC INFORMATION Title Details Address Applicant Owner At Time Of Lodgement Current Owner Site Area Date Application Received Decision Date Domain LAP & Precinct State Planning Policies Approval Type Further Development Permits Submissions

Lot 145 on RP812004 16 Doncaster Court, Robina Darren & Deborah Hert c/- Treasure & Associates Deborah Elizabeth Hert & Darren Brooks Hert Deborah Elizabeth Hert & Darren Brooks Hert 1057m2 23 July 2009 4 September 2009 Detached Dwelling N/A N/A Development Permit Building Works and Plumbing & Drainage N/A

BACKGROUND Pursuant to Section 4.3.9 of the Integrated Planning Act 1997, Council issued a Show Cause Notice to the owners of the subject site on 10 June 2009 for the unlawful commencement of a Home Occupation (Tupperware Party Planning). Assessable development (Home Occupation) has been carried out at the subject site without a development permit as required under the Integrated Planning Act 1997. The proposed land use relates to the unlawful conversion of part of the existing detached dwelling to a Home Occupation (Tupperware Party Planning) use. Section 4.3.1(1) of the Integrated Planning Act 1997 states a person must not start assessable development without a development permit for the land use. On 23 July 2009, the applicant submitted the current Material Change of Use (Code Assessment) development application to establish a Home Occupation (Tupperware Party Planning).


43 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 PROPOSAL The applicant is proposing to legalise a small-scale business from home, which deals with the operation of a Tupperware business. The applicant has stated the following describing the operation of the business: “The applicant has been informally operating activities associated with a Tupperware business from the subject site for the past two years… Now that the applicant has reached the level of Executive Group Manager there is no longer a requirement for Tupperware parties to be held on the premises as these parties are undertaken by Tupperware distributors at other locations. The Executive Group Manager is required to hold regular meetings with other managers and these meetings are now being conducted off site at libraries and community rooms around the Gold Coast due to the number of participants. It is believed that it may have been these meetings and associated vehicular traffic that initiated the complainant to make a formal complaint to Council as the meetings were being conducted on site until recently. The Home Occupation land use incorporates the following activities on site: •

Meetings (Maximum of four people) when required;

•

Office / administration function associated with the Home Occupation;

•

Employment of one staff member who does not reside on the subject premises

•

Storage of a minimal amount of Tupperware product.”

The proposed home occupation occurs within the existing dwelling and does not modify the structural appearance of the existing dwelling. The Home Occupation will be operated by the property owner/s with the employment of one (1) staff member who does not reside on the premises and occupies an approximate area of 37.1m2. The main office area will occupy a total area of 34.2m2 while the Tupperware products will be stored within an area of 2.9m2. It is proposed that the Home Occupation will operate Monday to Friday between the hours of 8:30am to 5:00pm, and Saturday between the hours of 8:30am to 12 noon only. The Home Occupation will operate in such a manner that the use generates less than five (5) visitor vehicles per working day. An existing single vehicular crossover is provided from Doncaster Court and a total of four (4) car parking spaces are available on site (2 spaces for dwelling house + 2 visitor spaces for the Home Occupation), which is compliant with the required number of car parking spaces under the current Gold Coast Planning Scheme 2003.


44 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 SITE & ENVIRONMENT Characteristics of Site & Surrounding Environment The subject site is located at the end of a cul-de-sac and is on the western side of Doncaster Court; the subject site has a site area of 1057m² and has a frontage of approximately 7.6m on Doncaster Court. The subject site is irregular in shape, is generally flat in topography and is currently improved by the existing Detached Dwelling and the Home Occupation use. The proposed use exists and as such no significant vegetation or landscaping is to be removed as a result of the Home Occupation. Development in the surrounding area is consistent with the Detached Dwelling Domain, with development comprising mainly of Detached Dwellings. DEVELOPMENT ASSESSMENT Place Code •

Detached Dwelling Domain

Constraint Code •

Car Parking, Access and Transport Integration

Specific Development Code •

Working from Home

Relationship to the Domain or LAP The subject site is located in the Detached Dwelling Domain. Pursuant to the Gold Coast Planning Scheme 2003, the proposed land use is defined as a Home Occupation, which triggers code assessment pursuant to the Table of Development for the Detached Dwelling Domain. Home Occupation in accordance with the definitions of the Gold Coast Planning Scheme 2003 states: “Any premises forming part of a dwelling or its curtilage used or intended to be used for a single occupation by a resident of the dwelling. The GFA used for the home occupation activity, including the storage of any materials of goods, does not exceed one third of the total GFA of the dwelling or 45m2 whichever is the lesser. No more than two people who do not live in the dwelling may work on the site. This term does not include a Brothel, or the repair or mechanical service of a motor vehicle and the ancillary use of any residential premises for activities where no clients attend the premises, no staff or employees are engaged on the premises or work from the premises and no signs are displayed on the premises.” The intent of the Detached Dwelling Domain is “to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and enhance the suburban character and residential amenity of these low density residential neighbourhoods.


45 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1

This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include: •

providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment;

•

providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes;

•

providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and

•

facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.”

The applicant is proposing to legalise a small-scale business from home, which deals with the operation of a Tupperware business. The proposed home occupation occurs within the existing dwelling and does not modify the structural appearance of the existing dwelling. The existing detached dwelling will continue to be the primary land use of the subject site. The proposed development will facilitate a home based business activity which is considered not to adversely impact upon the residential amenity of the neighbourhood. It is considered that the proposal complies with the intent and key objectives of the Detached Dwelling Domain. Compliance with the Relevant Place Code The proposal complies with all of the Place Code’s Acceptable Solutions and Performance Criteria. Compliance with the Relevant Constraint Codes and Overlay Maps The proposal complies with all of the Constraint Code’s Acceptable Solutions and Performance Criteria. Compliance with the Relevant Specific Development Code The proposal complies with all of the Specific Development Code’s Acceptable Solutions and Performance Criteria.


46 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 REFERRALS Internal Referrals The application was referred to the following Council Departments, through the Development Assessment Review Team (DART) process: •

Transport Planning;

•

Health and Regulatory Services; and

•

Gold Coast Water

Correspondence via internal memos and emails established the suitability of the proposed development (refer to file). Where required additional information or amendments to the development have been conditioned in the Officer’s Recommendation to ensure compliance with Council’s requirements.


47 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 INFRASTRUCTURE CHARGES CALCULATIONS


48 Adopted Report


PETITION RECEIVED On 5 August 2009, Council received a petition with a total of seven (7) signatures from surrounding residents of Doncaster Court objecting to the proposed application. In accordance with the Integrated Planning Act 1997, the development application is Code Assessable and as such does not require public notification. Therefore any submission received during the assessment of the application cannot be taken into consideration when determining the application and the submitters have no appeal rights in accordance with the Integrated Planning Act 1997. However, in light of the above, Council officers consider the issues raised within the above petition have been adequately addressed in the officers recommendation via conditions during the course of assessment against the applicable codes of the planning scheme. Pending Council’s decision on the matter, the petitioners will be notified of the outcome.


49 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 CONCLUSION Council is in receipt of a development application to permit a Material Change of Use to establish a Home Occupation (Tupperware Party Planning) development at premises located at 16 Doncaster Court, Robina. The proposal has been assessed against the Detached Dwelling Domain Place Code, Car Parking, Access and Transport Integration Constraint Code and Working from Home Specific Development Code of the Gold Coast Planning Scheme 2003. The assessment of the proposal against the above mentioned codes concluded that the proposal generally complies with the performance criteria and is considered to be consistent with the Detached Dwelling Domain Place Code. It is considered that the proposal demonstrates sufficient planning and design merit and is recommended for approval subject to the following conditions. RECOMMENDATION It is recommended Council resolve that in respect to the following property: Real Property Description Address of Property Area of Property Proposed Use Further Development Permits

Lot 145 on RP812004 16 Doncaster Court, Robina 1057m2 Home Occupation (Tupperware Party Planning) Building Works and Plumbing & Drainage

NATURE OF DECISION A

The applicant be notified as required under the Integrated Planning Act 1997 that Council approves the issue of a development permit for material change of use for Home Occupation (Tupperware Party Planning), subject to the following conditions:

APPROVED PLANS/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.

2

Plan No.

Rev.

Title

Date

Prepared by

8628-PP-1

-

Proposal Plan

09/07/09

Treasure & Associates

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


50 Adopted Report


3

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

4

Any deviations require further approval Any proposed deviation from the approved plans/drawings as a result of on-site or insitu conditions must not be made unless amended plans/drawings are submitted and approved by Council. The development must be carried out in accordance with the approved amended plans/drawings.

HOME OCCUPATION 5

Public display or sale of goods The public display or sale of goods shall not be undertaken from the subject site.

6

Number of staff The Home Occupation shall have a maximum of two (2) persons employed, with at least one (1) person being a permanent resident of the property.

7

Home occupation use area The Home Occupation shall be limited to the ‘Home Occupation Use Area’ identified in the approved plans/drawings referenced in Condition 1. Any distribution of product shall be limited to the amount stored in the identified storage area on the approved plans/drawings.

8

Visitor hours All visitors associated with the Home Occupation use are to be conducted only between the hours of 8:30 am to 5:00 pm on Monday to Friday, and between the hours of 8:30 am to 12 noon Saturday.


51 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 INFRASTRUCTURE FUNDING CONTRIBUTIONS 9

Water Supply Network infrastructure contributions The applicant must pay to Council contributions toward Water Supply Network Infrastructure in accordance with Planning Scheme Policy 3A – Policy for Infrastructure (Water Supply Network Developer Contributions) at the rate current at the due date for payment. Payment must be made prior to the earliest of the following events: the endorsement of survey plans, the issue of a certificate of classification for building work, the carrying out of the final plumbing inspection, or the commencement of the use of the premises. The contribution current at the date of this approval is: Water 2 Infrastructure - Mudgeeraba Account: 74648 W2MUDG 0.222 Equivalent Tenements @ $2,351.32 = Water 1 Infrastructure - Mudgeeraba Account: 74648 W1MUDG 0.222 Equivalent Tenements @ $2,835.76 =

521.99

TOTAL

629.54 $1,151.53

The contribution amount payable at the due date for payment will be calculated at rates current under the Policy (reflecting adjustments pursuant to section 3.5 of the Policy) or equivalent charging instrument (including, for example, an infrastructure charges schedule) in force at the date of payment. 10

Sewerage Network infrastructure contributions The applicant must pay to Council contributions toward Sewerage Network Infrastructure in accordance with Planning Scheme Policy 3B – Policy for Infrastructure (Sewerage Network Developer Contributions) at the rate current at the due date for payment. Payment must be made prior to the earliest of the following events: the endorsement of survey plans, the issue of a certificate of classification for building work, the carrying out of the final plumbing inspection, or the commencement of the use of the premises. The contribution current at the date of this approval is: Sewer 1 Infrastructure - Merrimac Account: 74648 S1MERRIM 0.222 Equivalent Tenements @ $3,603.78 = Sewer 2 Infrastructure - Merrimac Account: 74648 S2MERRIM 0.222 Equivalent Tenements @ $3,615.60 =

800.04

TOTAL

802.66 $1,602.70

The contribution amount payable at the due date for payment will be calculated at rates current under the Policy (reflecting adjustments pursuant to section 3.4 of the Policy) or equivalent charging instrument (including, for example, an infrastructure charges schedule) in force at the date of payment.


52 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 CAR PARKING AND ACCESS 11

Off street facilities for car parking and loading/unloading Off-street facilities for car parking and loading and unloading must be designed, constructed prior to the commencement of the use and maintained, in accordance with the following: a

A minimum of 2 off-street car parking spaces (in addition to the 2 residential spaces) must be provided;

b

The off-street facilities for parking and loading/unloading (including all access driveways, circulation roadways, parking aisles, parking spaces, service areas and landscaping) must be in accordance with:

c

12

i

Plans/drawings referred to in condition 1; and

ii

AS/NZS 2890.1:2004 Parking facilities - Off-street car parking; and

The off-street facilities for parking must only be used for vehicle parking and the off-street facilities for loading/unloading must only be used for short-term loading and unloading of vehicles.

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.

13

Number of visitor trips The Home Occupation shall generate less than five (5) visitors (including courier/commercial vehicle trips) per working day.

14

Commercial vehicle The Home Occupation activity shall have no more than one commercial vehicle used in association with the Home Occupation. The commercial vehicle shall not exceed a weight of two tonnes.

15

Loading and unloading Loading and unloading operations must be conducted wholly within the site.


53 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 AMENITY 16

Amenity of neighbourhood The use shall not cause any adverse impact on the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

17

Screening of storage The storage of any materials/products associated with the Home Occupation 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.

18

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.

HEALTH AND REGULATORY SERVICES 19

Refuse/recycling services Refuse and recycling services must be provided by the applicant in accordance 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, 1st Edition, at no cost to Council.

ADVERTISING DEVICES 20

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.


54 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 NOTES TO APPLICANT – THESE ARE NOT CONDITIONS B

Rights of appeal This notice is provided pursuant to section 3.5.15(2)(m) of the Integrated Planning Act 1997. The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997. A copy of that section is attached to the decision notice.

C



b


c


d


e


f



55 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 D

Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Natural Resources and Water (NRW). 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 NRW’s Cultural Heritage Coordination Unit on (07) 3238 3838 for further information on the responsibilities of developers under the AHCA. E

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].

F

Infrastructure charges Infrastructure contribution policies for the 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 for these networks are now levied under the Priority Infrastructure Plan by way of an infrastructure charges notice, which accompanies this decision notice.


56 Adopted Report


G


Author:

Authorised by:

Broc Smith Senior Town Planner Implementation & Assessment Branch

Warren Rowe Director Planning Environment & Transport


57 Adopted Report

ITEM 2 IMPLEMENTATION & ASSESSMENT BRANCH MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1

Committee Recommendation Changed At Council Meeting 14 September 2009

COMMITTEE RECOMMENDATION CP09.0908.002 moved Cr Young seconded Cr Gates That in respect to the following property: Real Property Description Address of Property Area of Property Proposed Use Further Development Permits

Lot 145 on RP812004 16 Doncaster Court, Robina 1057m2 Home Occupation (Tupperware Party Planning) Building Works and Plumbing & Drainage

NATURE OF DECISION A

The applicant be notified as required under the Integrated Planning Act 1997 that Council approves the issue of a development permit for material change of use for Home Occupation (Tupperware Party Planning), subject to the following conditions:

APPROVED PLANS/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.

2

Plan No.

Rev.

Title

Date

Prepared by

8628-PP-1

-

Proposal Plan

09/07/09

Treasure & Associates

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


58 Adopted Report


3

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

4

Any deviations require further approval Any proposed deviation from the approved plans/drawings as a result of on-site or insitu conditions must not be made unless amended plans/drawings are submitted and approved by Council. The development must be carried out in accordance with the approved amended plans/drawings.

HOME OCCUPATION 5

Public display or sale of goods The public display or sale of goods shall not be undertaken from the subject site.

6

Number of staff The Home Occupation shall have a maximum of two (2) persons employed, with at least one (1) person being a permanent resident of the property.

7

Home occupation use area The Home Occupation shall be limited to the ‘Home Occupation Use Area’ identified in the approved plans/drawings referenced in Condition 1. Any distribution of product shall be limited to the amount stored in the identified storage area on the approved plans/drawings.

8

Visitor hours All visitors associated with the Home Occupation use are to be conducted only between the hours of 8:30 am to 5:00 pm on Monday to Friday, and between the hours of 8:30 am to 12 noon Saturday.


59 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 INFRASTRUCTURE FUNDING CONTRIBUTIONS 9

Water Supply Network infrastructure contributions The applicant must pay to Council contributions toward Water Supply Network Infrastructure in accordance with Planning Scheme Policy 3A – Policy for Infrastructure (Water Supply Network Developer Contributions) at the rate current at the due date for payment. Payment must be made prior to the earliest of the following events: the endorsement of survey plans, the issue of a certificate of classification for building work, the carrying out of the final plumbing inspection, or the commencement of the use of the premises. The contribution current at the date of this approval is: Water 2 Infrastructure - Mudgeeraba Account: 74648 W2MUDG 0.222 Equivalent Tenements @ $2,351.32 = Water 1 Infrastructure - Mudgeeraba Account: 74648 W1MUDG 0.222 Equivalent Tenements @ $2,835.76 =

521.99

TOTAL

629.54 $1,151.53

The contribution amount payable at the due date for payment will be calculated at rates current under the Policy (reflecting adjustments pursuant to section 3.5 of the Policy) or equivalent charging instrument (including, for example, an infrastructure charges schedule) in force at the date of payment. 10

Sewerage Network infrastructure contributions The applicant must pay to Council contributions toward Sewerage Network Infrastructure in accordance with Planning Scheme Policy 3B – Policy for Infrastructure (Sewerage Network Developer Contributions) at the rate current at the due date for payment. Payment must be made prior to the earliest of the following events: the endorsement of survey plans, the issue of a certificate of classification for building work, the carrying out of the final plumbing inspection, or the commencement of the use of the premises. The contribution current at the date of this approval is: Sewer 1 Infrastructure - Merrimac Account: 74648 S1MERRIM 0.222 Equivalent Tenements @ $3,603.78 = Sewer 2 Infrastructure - Merrimac Account: 74648 S2MERRIM 0.222 Equivalent Tenements @ $3,615.60 =

800.04

TOTAL

802.66 $1,602.70

The contribution amount payable at the due date for payment will be calculated at rates current under the Policy (reflecting adjustments pursuant to section 3.4 of the Policy) or equivalent charging instrument (including, for example, an infrastructure charges schedule) in force at the date of payment.


60 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 CAR PARKING AND ACCESS 11

Off street facilities for car parking and loading/unloading Off-street facilities for car parking and loading and unloading must be designed, constructed prior to the commencement of the use and maintained, in accordance with the following: a

A minimum of 2 off-street car parking spaces (in addition to the 2 residential spaces) must be provided;

b

The off-street facilities for parking and loading/unloading (including all access driveways, circulation roadways, parking aisles, parking spaces, service areas and landscaping) must be in accordance with:

c

12

i

Plans/drawings referred to in condition 1; and

ii

AS/NZS 2890.1:2004 Parking facilities - Off-street car parking; and

The off-street facilities for parking must only be used for vehicle parking and the off-street facilities for loading/unloading must only be used for short-term loading and unloading of vehicles.

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.

13

Number of visitor trips The Home Occupation shall generate less than five (5) visitors (including courier/commercial vehicle trips) per working day.

14

Commercial vehicle The Home Occupation activity shall have no more than one commercial vehicle used in association with the Home Occupation. The commercial vehicle shall not exceed a weight of two tonnes.

15

Loading and unloading Loading and unloading operations must be conducted wholly within the site.


61 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 AMENITY 16

Amenity of neighbourhood The use shall not cause any adverse impact on the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

17

Screening of storage The storage of any materials/products associated with the Home Occupation 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.

18

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.

HEALTH AND REGULATORY SERVICES 19

Refuse/recycling services Refuse and recycling services must be provided by the applicant in accordance 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, 1st Edition, at no cost to Council.

ADVERTISING DEVICES 20

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.


62 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 NOTES TO APPLICANT – THESE ARE NOT CONDITIONS B

Rights of appeal This notice is provided pursuant to section 3.5.15(2)(m) of the Integrated Planning Act 1997. The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997. A copy of that section is attached to the decision notice.

C



b


c


d


e


f



63 Adopted Report

ITEM 2 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) TO ESTABLISH A HOME OCCUPATION (TUPPERWARE PARTY PLANNING) - LOT 145 ON RP812004 - 16 DONCASTER COURT ROBINA - DIVISION 11 PN167395/01/DA1 D

Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Natural Resources and Water (NRW). 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 NRW’s Cultural Heritage Coordination Unit on (07) 3238 3838 for further information on the responsibilities of developers under the AHCA. E

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].

F

Infrastructure charges Infrastructure contribution policies for the 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 for these networks are now levied under the Priority Infrastructure Plan by way of an infrastructure charges notice, which accompanies this decision notice.


64 Adopted Report


G



7


0 0 0


CARRIED CHANGED AT COUNCIL 14 SEPTEMBER 2009 RESOLUTION

G09.0914.005

moved Cr Crichlow seconded Cr Douglas

That Committee Recommendation CP09.0908.002 be not adopted, but that the application be deferred at the request of the applicant to allow a re-submission. CARRIED


65 Adopted Report

Attachment 2.1


66 Adopted Report

Attachment 2.2


67 Adopted Report

ATTACHMENT 2.3


68 Adopted Report

ATTACHMENT 2.4


69 Adopted Report

ATTACHMENT 2.5


70 Adopted Report

ATTACHMENT 2.6


71 Adopted Report

ATTACHMENT 2.7


72 Adopted Report

Attachment 2.8


73 Adopted Report

Attachment 2.9


74 Adopted Report

Attachment 2.10


75 Adopted Report

Attachment 2.11


76 Adopted Report

CLOSED SESSION SECTION 463 LOCAL GOVERNMENT ACT 1993 PROCEDURAL MOTION Moved Cr Gates Seconded Cr Wayne That the Committee move into Closed Session pursuant to Section 463 of the Local Government Act 1993, for the consideration of the following Item for the reason shown:

Item 3

Subject REPORT ON FOOTPATH ISSUES AT LOT 972 SP125983, EASTER CRESCENT, PACIFIC PINES

Reason LEGAL


7


0 0 0


CARRIED

PROCEDURAL MOTION Moved Cr Betts Seconded Cr Young That the Committee move into Open Session.


7


0 0 0


CARRIED


77 Adopted Report

ITEM 3 IMPLEMENTATION & ASSESSMENT BRANCH REPORT ON FOOTPATH ISSUES AT LOT 972 SP125983, EASTER CRESCENT, PACIFIC PINES PN234473/02/DA1 REPORT CONFIDENTIAL

COMMITTEE RECOMMENDATION CP09.0908.003 moved Cr Young seconded Cr Wayne That Council resolve: Council notes the content of this report and the fact that the footpath will be constructed at public expense. Record of Voting: For:

6


0 1 0

Cr Betts; Cr Wayne; Cr Gates; Cr Young; Cr Douglas; Cr Shepherd Cr Pforr

CARRIED

537th Council Meeting 14 September 2009 City Planning Committee Meeting 8 September 2009 ITEM 4 CIP PROJECT FOR CHEVRON ISLAND

78 Adopted Report GENERAL BUSINESS

PD611/536 COMMITTEE RECOMMENDATION CP09.0908.004 moved Cr Douglas seconded Cr Pforr That a Report be prepared in relation to the Centre Improvement Programme Project for Chevron Island including current status, costings to date and future costings.


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79 Adopted Report

ITEM 5 GENERAL BUSINESS SITE INSPECTION FOR AFFORDABLE HOUSING APPLICATION AT 8 HANSFORD ROAD COOMBABAH

PN14740/16 COMMITTEE RECOMMENDATION CP09.0908.005 moved Cr Pforr seconded Cr Douglas

That the Manager of Implementation and Assessment arrange a site inspection, for any interested Councillors, of the Affordable Housing Development at 8 Hansford Road Coombabah prior to this application being presented at City Planning Committee.


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There being no further business the meeting closed at 9.37am

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These Pages Numbered 1 to 80 Constitute The Adopted Report Of The Meeting Of The City Planning Committee Held 08 September 2009

80 Adopted Report