Development Control By-laws VERSION 13 · Hope Island Resort Development Control By-laws Version...

__________________________________________________________________________________ Hope Island Resort Development Control By-laws Version 13.1

Hope Island Resort Principal Body Corporate

Development Control By-laws

VERSION 13.1

Table of Contents

1.00 INTRODUCTION - GENERAL PROVISIONS 1

1.01 Citation 1

1.02 Statement of Objectives of By-laws 1

1.03 Severability 1

1.04 Interpretation (Definitions) 1

1.05 Design Objectives 6

1.06 Application of By-laws 6

2.00 CONDITIONS OF RESIDENTIAL DEVELOPMENT 6

3.00 DEVELOPMENT GUIDELINES 8

3.01 Building Material and Colour Controls 8

3.02 General Controls and Provisions 9

3.02.1 Security/CATV System 9

3.02.2 Design Objectives 10

3.02.3 Ground Level 10

3.02.4 Preservation of Views 10

3.03 Riverleigh Gardens 10

3.03.1 Intent of this by-law 3.03 10

3.03.2 Architectural Design Theme 10

3.03.3 Zero Lot Line Lots 11

3.03.4 Building Materials and Colour Controls 11


3.03.5 Garages and Garage Doors 12

3.04 Gracemere Gardens 12


3.04.2 Building Heights 13

3.05 The Lakes 13



3.06 Fairway Island 13



3.06.3 Building Heights 14

3.07 Pavilions 14

3.07.1 Design Theme Overview 14

3.07.2 Design Elements 14

3.07.3 Building envelope 14

3.07.4 Site planning performance criteria 15

3.07.5 Building height performance criteria 15

3.07.6 External finishes, fixtures and colours performance criteria 15

3.07.7 Privacy & overlooking performance criteria 15

3.07.8 Equipment performance criteria 16

3.07.9 Building and site elements 16

3.07.10 Performance criteria (Boundary fencing) 16

3.07.11 Street boundary setback 16

3.07.12 Rear boundary setback 17

3.07.13 Zero Lot – Side boundary 17

3.07.14 Side Boundary Setback (non zero boundary) 17

3.07.15 Building Envelopes & Site Coverage 18

3.07.16 Floor Space Ratio – A Maximum & Minimum Floor Area Permitted

on a Lot 18

3.07.17 Building Heights & Ground Levels 18


3.07.18 Car Parking 18

3.07.19 Verandas Patios & Decks 18

3.07.20 Privacy Fencing 19

3.07.21 Figures and Plans 19

3.08 Figures 20

Figure 1 General Site Footprint 20

Figure 2 General Zero Lot Footprint 21

Figure 3 General Building Heights and Setback Envelopes 22

Figure 4 General Site Fencing and Mail Boxes 23

Figure 5 General Services Plant and Equipment 24

Figure 6 General Storm water 25

Figure 7 General Accessories 26

Figure 8 General Signs 26

Figure 9 General Batter Zones 27

Figure 10 General Swimming Pools/Retaining Walls, Rec Equip and Storage

Facilities 28

Figure 11 General Tennis Court 29

Figure 12 General Driveways 30

Figure 13 General Landscaping 31

Figure 13 General Landscaping and Planting Table 32

Figure 14 Gracemere Is. (1), (2), (3) & Fairway Island Site Footprint 33

Figure 15 Gracemere Is. (1), (2), (3) & Fairway Island Site Footprint

(Zero Lot) 34

Figure 16 Gracemere Is. (1) & (2) Building Heights & Setback Envelopes 35

Figure 17 Gracemere Is. (1) & (2) Building Heights & Setback

Envelopes (Zero Lot) 36

Figure 18 Rosebank South – Site Footprint – (Corner Lots) 36

Figure 19 Rosebank South – Site Footprint – (Non Corner Lots) 37

Figure 20 The Lakes – Site Footprint and Fencing 38

Figure 21 The Lakes – Site Footprint and Fencing (Duplex and Class 2) 39

edgecomb

Line

edgecomb

Line


Figure 22 Gracemere Gardens – Site Footprint 40

Figure 23-24 Fencing Details 41

Figure 25-26 Fencing Details 42

Figure 27 Fencing Details 43

Figure 28 General Moorings 44

Figure 29 General Quayline and Mooring Arrangement 45

Figure 30 Neighbourhood Plan 46

Figure 31 Precinct Plan 47

Figure 32 Fairway Island General Site Footprint 48

Figure 33 Fairway Island Zero Lot Footprint 49

Figure 34 Fairway Island General Site Footprint Duplex 50

Figure 35 Fairway Island Building Height and Setback Envelope 51

Figure 36 Example of Acceptable Solution 52

Figure 37 Example of Acceptable Solution 52

Figure 38 Building Envelope (Summary of Setbacks) 53

Figure 39 Street Elevation (Summary of Setbacks) 54

Figure 40 Side Elevation (Summary of Setbacks) 54

Figure 41 The Palisades Lot Plans showing maximum building envelope 55

4.00 ARCHITECTURAL REVIEW AUTHORITY 56

4.01 Appointment 56

4.02 Meetings 56

4.03 Design Professionals 57

4.04 ARA’s Duties 57

4.05 Applications for PBC Approval 58

4.06 No Waiver of Future Approvals 61

4.07 Scale of Fees 61

4.08 Inspection and Compliance 61

4.09 Non-Liability of PBC & ARA 62


4.10 Non-compliance 62

4.11 HIRH and PBC Development 63

5.00 BREACH OF BY-LAWS 63

6.00 INDEMNITY 64

6.01 Indemnity 64

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1.00 INTRODUCTION - GENERAL PROVISIONS

1.01 Citation

These by-laws may be cited as the DEVELOPMENT CONTROL BY-LAWS.

1.02 Statement of Objectives of By-laws

These by-laws regulate the quality of design and development within the Residential

Precincts by:

1.02.1 maintaining within the Resort a residential community which is aesthetically pleasing,

functionally convenient and capable of maintaining itself by application and

enforcement of standards compatible and consistent with the Design Objectives;

1.02.2 promoting those qualities in the Resort which bring value to the Lots;

1.02.3 maintaining the Resort as an attractive and functional place to live by requiring a

harmonious relationship between Development and environment; and

1.02.4 creating clear procedures and criteria for Development.

1.02.5 By not regulating matters controlled by the Building Code of Australia, Gold Coast City

Council or any other statutory authority.

1.03 Severability

If any provision of these by-laws is or becomes void or unenforceable then that

provision will be severed from these by-laws to the intent that all parts that are not or

do not become void or unenforceable will remain in full force and effect and be

unaffected by any severance.

1.04 Interpretation

1.04.1 Rules of Interpretation

In these by-laws unless the context otherwise requires:

(i) words importing the singular include the plural and vice versa and words

importing a gender include other genders;

(ii) in the interpretation of these by-laws, headings will be disregarded;

(iii) references to any person includes reference to any individual, company, body

corporate, association, partnership, firm, joint venture, trust and

governmental agency;

(v) reference to any act of Parliament or to any regulation will be read as if the

words “and any statutory modification or re-enactment of it or substitution of

it” were added to the reference.

1.04.2 Definitions

In these by-laws:

“Act” means the Integrated Resort Development Act 1987;

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“ARA” means the Architectural Review Authority established by the PBC pursuant to

By-Law 4.01;

“ARA'S Duties” means the duties set out in by-law 4.04;

“Architectural Appurtenances” means finials, metalwork and other Building

appurtenances from time to time designated by the ARA;

“Background Noise Level” means the average noise level recorded at a location over

the period and at the time recommended by the PBC’s nominated representative. If

the Background Noise Level is required for comparison to the noise produced by

something then that thing must not be operating when the noise is measured;

“Batter Zone” means that area of land on either side of a waterway, affected by a

Q100 flood;

“Boundary” means a Front, Side or Rear Boundary;

“Building Code of Australia” means the edition, current at the relevant time, of the

Building Code of Australia (including the Queensland Appendix) published by the body

known as the Australian Uniform Building Regulation Coordinating Council and

includes that edition as amended from time to time by amendments published by that

body;

“Building Units and Group Titles Act” means the Building Unit and Group Titles Act

1980;

“Building” or “Buildings” includes but shall not be limited to any Class 1a Building or

Class 10 Building or part thereof;

“CATV” means an integrated system which may include television music and

monitoring for radio programs, site wide audio and video intercom, VCR films, pay

television, security monitoring and control, access control from common entry gates

and individual residences, security cameras, data communications, household control

systems (pumps lights air conditioning) international television programs and teletext

services;

“Class 1a Building” means a Class 1a Building as defined by the Building Code of

Australia from time to time and at the date of the resolution making these by-laws

means a single dwelling being:-

(i) a detached house; or

(ii) one or more attached dwellings, each being a Building separated by a fire-

resisting wall, including a row house, terrace house, town house or villa unit;

“Class 10 Building” means a Class 10 Building as defined by the Building Code of

Australia from time to time and at the date of the resolution making these by-laws

means:

(i) a non-habitable Building or structure;

(ii) Class 10a - a non-habitable Building being a private garage, carport, shed, or

the like; or

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(iii) Class 10b - a structure being a fence, mast, antenna, retaining or free

standing wall, swimming pool or the like.

“Common Property” means any area designated as common property in a group titles

plan or building units plan in the Resort;

“Council” means Council of the City of the Gold Coast;

“Covered Parking Space” means a space fully enclosed in a Class 10 Building or

integrated in a Class 1a Building provided for the use of garaging or storing a

motorised vehicle;

“Developer” see Hope Island Resort Holdings Pty Ltd;

“Development” means any one or more of the following on any Lot or on any existing

improvements on any Lot:

(i) construction, alteration, addition, modification, decoration, redecoration

painting, repainting or reconstruction of any improvements;

(ii) excavation, filling or landscaping; or

(iii) planting or removal of any vegetation, trees or shrubs; or

(iv) civil infrastructure, such as: water supply; electricity lines; sewerage services;

gas; and the CATV system.

“Dividing Fences Act” means the Dividing Fences Act;

“Dry Lots” means a lot which does not have a boundary that abuts a waterway;

“Fairway Island” (F.I.) means any proposed lots shown in figure 30 (Lot 994 on SP

114526)

“Floor Space Ratio” means the total floor area of all Class 1a Buildings on a Lot

divided by the total area of the Lot. The total floor area is measured to the

outermost limit of exterior walls and, in the case of Screened Enclosures, to the

outermost limit of the exterior screen. However; for the purpose of this calculation,

Screened Enclosures, outbuildings, decks, balconies or other floor areas which extend

the main living areas of the Class 1a Building are deemed to have an area that is not

greater than 15% of the total internal floor area of the Class 1a Buildings. For

example, if the total internal floor area is 200 square metres and the total external

outdoor floor area is 40 square metres (20%), then the total floor area is deemed to

be 210 square metres for the purpose of calculating the Floor Space Ratio;

Floor space ratio = (A) + (B) – (C)

area of lot

ie Where (A) = “Total Internal Floor Area” (Enclosed within walls)

(B) = “Total Outdoor Floor Area” (Screen enclosures, outbuildings, decks,

balconies etc)

(C) = “Allowable Outdoor Extension” (15% of (A) Main

living area)

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“Front Boundary” means in respect of a Lot that boundary designated as the front

boundary by the PBC when necessary for the purpose of these by-laws;

“Golf Course” means the golf course established within the Resort;

“Gracemere Island One; Two; and Three” (GI1, 2 & 3) means those proposed lots

shown in figure 30;

“Gracemere Waters” means GTP 107014;

“Gracemere Waters North” means GTP 107068;

“Ground Level” means the finished horizontal level of a Lot as specified by the PBC;

“Hope Island Resort Holdings Pty Ltd means being the developer of the balance of

the Resort its agents, servants or contractors;

“Land Title Act” means the Land Title Act 1994;

“Level” means that space within a Building which is situated between one floor level

and the floor level next above or if there is no floor above, the ceiling or roof above;

“Lot” means a lot on a group titles plan or a building units plan in the Resort;

“Mooring” means any buoy, pile, dock, wharf, jetty, pontoon or other structure used

or to be used for mooring a vessel;

“Occupier” means:-

(i) the Registered Owner; or

(ii) a lessee or person occupying a Lot;

“OMP” outermost projection as adopted by Gold Coast City Council;

“PBC” means the Hope Island Resort Principal Body Corporate established pursuant to

the Act;

“PTBC” means the Hope Island Resort Primary Thoroughfare Body Corporate

established pursuant to the Act;

“Plan” means the Plan annexed to these by-laws;

“Primary Thoroughfare” means the primary thoroughfare as defined in the Act and as

shown on the initial plan of subdivision registered in respect of the Scheme;

“Quay Line” means the 10m line in the Waterway parallel to the outer face of the

revetment wall or at an offset determined by Architectural Review Authority from time

to time;

“Rear Boundary” means in respect of a Lot that boundary designated as the rear


“Registered Owner” means:-

(i) the person for the time being registered or entitled to immediate registration

under the Land Title Act as the owner of a Lot; or

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(ii) a mortgagee in possession (as defined, if so defined, by the Building Units

and Group Titles Act) of a Lot;

“Registered Professional Engineer” means an engineer registered by the Board of

Professional Engineers as a Registered Professional Engineer of Queensland;

“Residential Precinct” means the residential precinct as defined in the Act;

“Resort” means the integrated resort development situated at Southport Oxenford

Road Hope Island known as the Hope Island Resort and comprising the land, the

subject of the Scheme;

“Scheme” mean the scheme of integrated development approved in respect of the

Resort under the Act;

“Screened Enclosure” means a covered structure associated with a Class 1a Building

and designed to screen a service, machinery or equipment from view;

“Secondary Thoroughfare” means the secondary thoroughfares defined in the Act and

as shown on the initial plan of subdivision registered in respect of the Scheme;

“Set Back” means a distance beyond which no part of a Building or other

improvement may be erected or may project towards a Front, Side or Rear Boundary;

“Shade Structure” means any structure flexible or otherwise, which is used to shade

either the building or any part of the lot;

“Side Boundary” means in respect of a Lot that boundary designated as the side


“Single Detached Dwelling” means a single Class 1a Building situated within a Lot:

(i) not sharing a common wall with another residence; and

(ii) no wall of which abuts a Boundary of an adjoining Lot or any other land;

“Site Coverage” means the percentage ratio of the total area of a Lot under roofs to

the total area of that Lot;

“Thoroughfare” or “Thoroughfares” means any Primary and Secondary Thoroughfare;

“Tidal Land” means any Lot or Common Property which adjoins any Primary

Thoroughfare Waterway or Secondary Thoroughfare Waterway;

“Wall – means outside face of exterior cladding of a building;

“Waterfront lots” – means a lot which does have a boundary that abuts a waterway;

“Waterway” means that inundated land within the Resort subject to normal tidal

influence;

“Zero Lot Line Dwelling” means a Class 1a Building erected on a Zero Lot Line Lot one

wall of which abuts a Side Boundary of an adjoining Lot or any other land;

“Zero Lot Line Lot” means a Lot which has a Set Back of 0.0 metres from the Side

Boundary which is the left Side Boundary when the Lot is viewed from the road or as

designated within these by-laws for a specific neighbourhood.

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1.05 Design Objectives

The Design Objectives are:-

1.05.1 to establish an architectural theme based around waterways canals and the Golf

Course which define the Resort;

1.05.2 to promote a peaceful, relaxed, and secure lifestyle for Occupiers;

1.05.3 to develop and maintain an atmosphere of style and elegance where meandering

waterways, golf courses and parklands interconnect the community; and

1.05.4 to maximise view opportunities for Occupiers.

1.06 Application of By-laws

1.06.1 These by-laws bind the PBC, the members of the PBC, and the Occupiers to the same

extent as if these by-laws had been signed and sealed by the PBC, each member of

the PBC and each Occupier respectively and as if they contained mutual covenants to

observe and perform all the provisions of these by-laws.

1.06.2 These by-laws apply to the Residential Precinct or part of the Residential Precinct

where so specified in a particular by-law.

2.00 CONDITIONS OF RESIDENTIAL DEVELOPMENT

2.01 Residential by-laws for Group Title and/or Building Unit Plan subdivisional

developments for the following areas must be approved by the Principal Body

Corporate.

(i) Lot 996 RP 890658

(ii) Lot 994 SP 114526

(iii) Lot 2 SP 156642

(iv) Lot 4 SP 149361

(v) Part Lot 11 SP 187893 (Phase 8 Medium Density

2.02 No Occupier will undertake any Development on a Lot in the Resort until the PBC

approval has been obtained and where necessary, Council approval has been

obtained.

2.03 All Development will comply with the requirements set out in by-law 3 and all

statutory requirements.

2.04 All Development must be undertaken in a manner which ensures minimum disruption

to Occupiers and, in particular, the following job site (“the site”) conditions must be

complied with:

2.04.1 The site must remain in a tidy, orderly and safe condition throughout the construction

process;

2.04.2 Vacant Lots are to be maintained at all times, that is free from rubbish and excessive

vegetation. Adjoining vacant Lots are not to be used for the storage or dumping of

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any construction materials or debris unless prior arrangements have been made with

the lot owner and the PBC;

2.04.3 Tidiness and maintenance of vacant lots required under 2.03.1 and 2.03.2 shall also

apply to the following

(i) Lot 996 RP 890658

(ii) Lot 994 SP 114526

(iii) Lot 2 SP 156642

(iv) Lot 4 SP 149361


2.04.4 For security purposes, the Occupier must furnish the PBC with a list of all contractors

associated with a particular Development prior to the commencement of the

development;

2.04.5 The Occupier must provide the PBC with a 24 hour emergency contact number

regarding a particular Development;

2.04.6 Ablution facilities in accordance with Council by-laws are to be provided at the

commencement and for the total period of the Development. The doors of these

facilities shall face the lot and the facilities shall be cleaned on a weekly basis;

2.04.7 Construction hours are Monday to Saturday 7 a.m. to 6 p.m. excluding Good Friday,

Anzac Day, Christmas Day, Boxing Day and New Year’s Day;

2.04.8 Any damage to an area outside the Lot must be advised to the PBC immediately;

2.04.9 The Occupier must ensure that contractors provide suitable facilities e.g. a “rubbish

skip” for the temporary storage of building material immediately construction has

commenced upon the lot. Rubbish must not be allowed to blow into Waterways or

Thoroughfares, any adjoining Lot, or Common Property. The PBC reserves the right

to remove such rubbish at the Occupier's expense. No building debris is allowed to

accumulate on any vacant Lot or on any Thoroughfare. Costs associated with rubbish

removal will be deducted from the development bond referred to in clause 4.05.4(iv).

The Secondary Thoroughfare must be kept clear of all building materials, rubbish

and/or equipment;

2.04.10 The Occupier must ensure that its contractors do not bring dogs into any residential

Neighbourhood. Contractors with dogs will not be given access and will be instructed

to leave the Resort;

2.04.11 Dirt, gravel or any other material shall not be left on a Thoroughfare;

2.04.11(i) Soil, sand and other building and landscaping materials must not be stockpiled on a

site for more than seven (7) days. Excavated soil and other material must be

removed from a site within seven days after excavation;

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2.04.12 Radios, tape recorders, compact disk players and other broadcast or noise

reproduction systems must not be played on a site at a volume over 40 decibels

measured within one meter in front of the speakers;

2.04.13 The speed limit throughout the Resort is 40km/h. The Occupier must ensure

compliance with this requirement by its contractors. Failure to comply will result in

the banning of the offending vehicle from the Resort;

2.04.15 Excavated soil shall not be stockpiled on the lot, adjacent lots or on any thoroughfare.

It shall be removed from the Resort.

2.04.15 Every development site must implement Gold Coast City Council soil/silt erosion

control practices.

2.04.16 All perimeter fencing and gates to residential precincts must be constructed in a

manner specified and approved by the Principal Body Corporate. All gates must be

connected to the Resorts CATV network in a manner specified and approved by the

Principal Body Corporate.

2.04.17 All details of as built infrastructure installed in residential precincts must be supplied

to the PBC in electronic format for addition to the Resorts Facilities Management

System.

2.04.18 All lawns, gardens and general planted areas within any lot or common property in

the following areas must be irrigated using grey water subject to complying with the

requirements and any applicable statutory body.

(i) Lot 996 RP 890658

(ii) Lot 994 SP 114526

(iii) Lot 2 SP 156642

(iv) Lot 4 SP 149361


2.05 Occupation of a Development

No occupier shall occupy any development until:-

(i) All statutory inspections have been completed;

(ii) All as built documentation as per by-law 4.08.(ii);

(iii) Final ARA inspection has been undertaken and an approval has been issued;

(iv) Occupation prior to completion of item (iii) above may at the discretion of the

PBC, result in forfeiture of the development bond.

3.00 DEVELOPMENT GUIDELINES

3.01 Building Material and Colour Controls

(i) Exterior cladding should consist predominantly of rendered masonry or

rendered fibre cement sheet (with a finished decorative coat up to 2

millimetres aggregate in size) consistent with other Class 1a Buildings.

9


Complementary use of glazing, stonework, timber and architectural finishes

will be permitted. Unrendered brick, blockwork or fibre cement sheeting or a

timber cladding will not be permitted.

(ii) Exterior wall cladding will be within the colour range of pastel to muted earth

tones complimentary to the approved roofing colours and compatible with

other Buildings in the same Neighbourhood. Whites, blacks and variations

i.e. off whites, greys will not be permitted.

(iii) Fascia boards, trim and exposed metalwork must be colour co-ordinated with

the Buildings on the Lot. Unpainted metalwork is not permitted.

(iv) Clay or concrete tiles will be permitted for roofing pursuant to the PBC

Approved Roof Tile List. Highly glazed/vitreous roof tiles shall not be

permitted. Coated metal materials will only be permitted on flat roofs and

must not be visible from any thoroughfare. Muted earth tones as specified

by the PBC from time to time will be permitted for roof colours. Whites,

blacks and variations i.e. off white, greys will not be permitted.

(v) Fences, storage facilities and retaining walls shall be colour co-ordinated with

the Buildings on the Lot.

(vi) Mirror finished surfaces will not be permitted. In the case of glass, applied

films or tints which give a mirrored finish and can be seen from outside a Lot

will not be allowed.

(vii) All Screened Enclosures must be constructed of materials and painted in

colours complimentary to the Class 1a Building on the Lot to ensure that they

are as unobtrusive as possible.

(viii) Structures used to screen pool filters pumps and other external machinery

must be of a first class standard in quality and workmanship compatible with

the design of other Buildings on the Lot.

(ix) Hardstand areas must not be unfinished concrete, grey, black or white.

3.02 General Controls and Provisions

The PBC (by itself its agents employees or contractors) has the right to enter any Lot

and Building at all reasonable times after reasonable notice to install, maintain,

repair, investigate faults in and upgrade services, including telephone answering,

videotex, community antenna television and security.

3.02.1 Security/CATV System

(i) Any development in a residential precinct must be constructed with CATV

infrastructure, (including security cameras), as approved by the PBC, which

will permit residential development in that precinct to integrate with the

Hope Island Resort CATV network.

(ii) It is a condition of approval for residential construction that CATV and

security systems be installed in all Class 1a buildings and shall be purchased

from the PBC. This purchase shall be prior to the release of any stamped

plans from the PBC and at the nominated rate, set from time to time, by the

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PBC. No other type of security system nor any other installation contractor

shall be approved to install the CATV system.

(iii) The CATV system shall be located in the garage or PBC approved locations in

each Class 1a Building. The occupier shall provide two (2) double plug

10amp general power outlets to the CATV cabinet and a suitable earth on a

dedicated circuit.

(iv) All smoke detectors in Class 1a dwellings must be connected to the CATV

system.

(v) Devices may not be connected or added to the CATV system without the

consent of the PBC.

(vi) No audible alarms, alarm devices or flashing lights are permitted on the

outside of a dwelling.

3.02.2 Design Objectives

The PBC or the ARA may from time to time issue minimum design objectives and

guidelines for any Development.

3.02.3 Ground Level

The level of any part of a Lot on which any Class 1a Building is to be constructed may

only be increased by up to 1 metre. Levels of any other part of a Lot may only be

altered with PBC approval. Notwithstanding alteration to the level of any part of a Lot

as set out in this by-law, the maximum heights referred to in building height figures

will be calculated from Ground Level.

3.02.4 Preservation of Views

All Buildings and landscaping will be constructed so as to maximise view opportunities

for the Occupiers and to ensure views from existing Buildings are not substantially or

unnecessarily impaired.

3.03 Riverleigh Gardens

3.03.1 Intent of this by-law 3.03

This by-law 3.03 only applies to Riverleigh Gardens GTP104105 and shall be read in

conjunction with by-law 3.01 to by-law 3.06. If there is any inconsistency between

by-law 3.03 and by-laws 3.01 to 3.06 then by-law 3.03 prevails, but only for

Riverleigh Gardens.

3.03.2 Architectural Design Theme

The architectural theme for Riverleigh Gardens shall be known as the Palladian Series

(Andrea Palladio (1508 - 80)). The designs of houses shall reflect the antiquity of

temple front porches on a stripped, cubist design of crisp geometric clarity. To

achieve this, all designs shall incorporate at least four elements from the key element

list:-

The key elements list of the HIR Palladian Series is:-

1. A temple front portico with a pediment over columns.

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2. A campanile - a tower which is taller than the main roofline.

3. A cupola - an elevated section of roof which allows light to enter the interior

or atrium.

4. Colonnades - rows of columns supporting roofs or pergolas.

5. A system of spare walls and openings.

6. Semi circular or circular feature windows.

7. External shutters to windows and doors.

8. Thickened rendered banding around window and/or door openings.

9. Horizontal mouldings on exterior walls.

10. Ornamental cornices at gutters.

11. Decorative sculptures or fountains on exterior walls.

12. Ornamentation such as statues, balls, urns or vases on external walls.

13. Capping to boundary walls and piers.

14. Finials on roofs.

Designs must not incorporate any elements that are, in the opinion of the ARA,

inconsistent with the design philosophy provided for in this by-law 3.03.

3.03.3 Zero Lot Line Lots

Dwellings on Lots may be constructed up to either the southern or western boundary.

The actual boundary to be used for any Lot and the distance from that boundary

must be approved by the PBC.

No single detached dwelling or class 10A structure is permitted within the 3m setback

of the other side boundary from the zero lot line boundary.

3.03.4 Building Materials and Colour Controls

(i) All walls shall be render finish with a decorative finish colour coat. No

exposed brickwork, blockwork or compressed cement sheets shall be

permitted. Complementary use of glazing and architectural features such as

fibreglass or reinforced mouldings will be permitted.

(ii) Exterior wall colours shall be derived from the following AS 2700 1975

standard colours:-

B33, B35, G42, R32, R33, R34, R41, R42, X31, X32, X33, Y31, Y33, Y34,

Y44, Y45

No whites, blacks or variations (ie. off white, greys etc.) shall be used as wall

colours.

(v) Fascia boards, trims, window frames, doors, soffits and architectural

appurtenances shall be colour coordinated to match the wall colours.

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(vi) Clay or concrete tiles shall be permitted for roofing. Tiles shall not be glazed

or finished with a vitreous finish. Tile colours shall be as per the approved

ARA roof tile list. Grey, black or white roof tiles shall not be permitted.

(vii) The use of decorative tiles is permitted such as gable end finials, apex finials

or saddles to compliment the design of the house.

3.03.5 Garages and Garage Doors

Garage doors shall be perpendicular to Riverleigh Drive. Only lot shape, lot

orientation or existing services may be considered as reasonable grounds for a

relaxation.

3.04 Gracemere Gardens (See Figure 22)


(i) The intent of 3.04 ‘Gracemere Gardens’ is to identify Development Control

By-laws, which are additional or inconsistent with by-laws 3.01 to 3.06. By-

laws contained herein prevail only for ‘Gracemere Gardens’ and in the

absence of an applicable by-law, by-laws 3.01 to 3.06 shall be used.

(ii) Architectural Design Theme

The architectural theme for “Gracemere Gardens” shall draw on elements of

the Riverleigh Gardens theme. To achieve this, all designs shall incorporate

at least four (4) elements from the key element list-:

The key element list of the Hope Island Resort Gracemere Gardens series is-:

(a) A temple front portico with a pediment over columns.

(b) Semi circular or circular feature windows.

(c) External shutters to windows or doors.

(d) Thickened rendered banding around windows and/or door openings.

(e) Ornamental cornices at gutters.

(f) Planter boxes to windows.

(g) Ornamentation such as statues, balls, urns, vases, bosses, on

external walls.

(h) Continuation of pattern treatment of glassed doors, windows and

garage panel doors.

(i) Loggia’s, Risalito’s or colonnades.

Designs must not incorporate any elements that are in the opinion of the

Architectural Review Authority, inconsistent with the theme provided for in

this by-law. All the elements must be evident in the front/street elevation

and are encouraged to extend through all other elevations.

13


3.04.2 Building Heights

(i) No zero lot line dwelling shall have a wall height, (measured between highest

point of OMP and ground level) on the zero lot line boundary, greater than

3.5m

(ii) No “ground” finished floor level shall be greater than 600mm above the

average finished surface level of the subject lot.

3.05 The Lakes (See Figures 20 and 21)


(i) The intent of 3.05 ‘The Lakes’ is to identify Development Control By-laws,

which are additional or inconsistent with by-laws 3.01 to 3.06. By-laws

contained herein prevail only for ‘The Lakes’ and in the absence of an

applicable by-law, by-laws 3.01 to 3.06 shall be used


The Architectural Theme for the ‘The Lakes’ is southern tropical based on the

architectural designs of Frank Lloyd Wright.

Key elements of the theme include:

(a) Roof overhangs

(b) Non-continuous roofs

(c) Adequate and discrete servicing, safe and secure buggy/car accommodation

(d) Readily identifiable pedestrian entry points

(e) A natural and muted ambience

(f) A contrasting palette of colours commensurate with the neighbourhood as

approved by ARA.

3.06 Fairway Island


(i) The intent of 3.06 ‘Fairway Island’ is to identify Development Control By-

laws, which are additional or inconsistent with by-laws 3.01 to 3.07. By-laws

contained herein prevail only for ‘Fairway Island’ and in the absence of an

applicable by-law; by-laws 3.01 to 3.07 shall be used.


The Architectural Theme for ‘Fairway Island’ is a contemporary, superior

architecturally designed theme within the bounds set out in these by-laws, in

particular by-laws 3.01 to 3.07.

Designs must be of a quality, style and finish that are consistent with the theme

provided for in this by-law 3.06, and the applicable by-laws 3.01 to 3.07, and which

do not detract from the Fairway Island development as a whole.

14


3.06.3 Building Heights

All dwellings within Fairway Island shall be built to height levels on each subject lot in

accordance with the applicable site footprints 32-35 and by-laws 3.01 to 3.07

3.07 Pavilions

3.07.1 Design Theme Overview

(i) Design theme requirements aim to achieve an integrated desired outcome for

development on all 43 Lots of Pavilions.

(ii) The main dwelling requirements are contemporary style dwellings with flat

roofs, large overhangs and well-articulated facades creating contrast

between glazed and solid elements.

(iii) Dwellings are to be finished in any of a number of predetermined colours to

provide a uniform hue and colour palette to the streetscape.

(iv) Joinery elements (i.e. windows) can be either in natural anodised aluminium

or timber framed, naturally stained or powder coated aluminium coloured to

match.

(v) All roof elements and roofed cladding sheeting to be concealed behind

barges or parapets.

3.07.2 Design Elements

Streetscape colours and scale performance criteria

(i) Create a streetscape that integrates with adjoining properties.

(ii) Create dwellings that do not conflict with adjoining property in scale and

form, but are articulated and formed individually.

(iii) Materials and colours must be consistent for all development within Pavilions

and otherwise in compliance with these current Development Control By-

laws.

(iv) The following design principles must be incorporated into each dwelling:

(a) The dwelling’s height at the street frontage maintains a compatible

scale with adjacent development.

(b) The dwelling is designed to reflect relevant features of the prevailing

character of surrounding streetscapes.

(c) The dwelling complements or enhances any treed landscape

character of the area;

(d) The dwelling’s streetscape elevation provides articulation, with high

glass to solid ratios together with substantial eaves and other

detailing to reduce visual bulk.

3.07.3 Building envelope

All dwellings are to be built within the envelope space.

15


3.07.4 Site planning performance criteria

(i) Each dwelling is to be built to maximise the natural characteristics of its

surroundings and respect the natural constraints of the site.

(ii) Each dwelling must be orientated to the street.

(iii) Zero lot lines are to be located as detailed in Figure 41.

(iv) All dwellings must display the dwelling number for that dwelling, as

recorded on Council’s records.

3.07.5 Building height performance criteria

(i) Particular attention is to be given to dwelling’s character, appearance,

building massing and scale as seen from neighbouring premises, in the

design process.

(ii) Building mass should vary in height at street level providing a variety in

streetscape. This can be achieved by varying heights of elements rather than

building envelope.

3.07.6 External finishes, fixtures and colours performance criteria

(i) Front elevations should reflect strong horizontal roof barges and two storey

glazing in areas reflecting a solid to void ratio of 70:30 minimum (excluding

garage door area).

(ii) Street facing balconies are to be encouraged.

(iii) To create an interesting and high quality built form, dwellings are to

incorporate the following materials, finishes and construction methods:

(a) Walls to predominantly be composed of rendered brick, concrete or

lightweight materials and finishes.

(b) Complimentary use of glazing, stonework, timber and architectural

finishes will be permitted. Unrendered brick, blockwork or fibre

cement sheeting or a timber cladding will not be permitted.

(c) External joinery to be timber, clear anodised aluminium or powder

coated aluminium in finished colours to match the natural

appearance of timber or anodised aluminium.

(d) Roofs are to be concealed behind barges and parapets.

(e) Any external surfaces requiring painting or coating to ensure long-

term durability and visual quality to be so coated prior to occupation.

(f) Permissible external colours for solid walls are earthy tones.

3.07.7 Privacy & overlooking performance criteria

(i) Dwelling design is to consider the impact of overshadowing, privacy and

overlooking, views and vistas, building character, building appearance,

building massing and scale, as seen from neighbouring premises.

16


3.07.8 Equipment performance criteria

(i) The size, shape, height, colour, texture and placement of miscellaneous

structures, external features, fixtures and equipment are to be considered as

part of the initial dwelling design, be architecturally integrated with the

overall design of the dwelling and not detract from the amenity and desired

character.

(ii) Swimming pools, garden sheds, solar heaters, air-conditioning units, pool

pumps, satellite dishes and the like must be:

(a) clearly indicated as part of the proposal;

(b) architecturally integrated within the overall dwelling and landscaping

design; and

(c) otherwise comply with these Development Control By-laws.

3.07.9 Building and site elements

(i) Garages and driveways must be placed in such locations as to make efficient

use of the site, minimise tree loss, maximise solar orientation of dwellings

and be constructed of materials that enhance the desired character.

(ii) A maximum of one driveway per Lot is permitted.

(iii) Driveways are to be located generally in accordance with The Pavilions Plans

and clear of services pits and manholes.

(iv) All driveways are to be constructed of:

(a) materials preferably of a light colour similar to beach sand or earth

tones;

(b) concrete pavers (light colours laid on a solid substructure) are

encouraged; and

(c) driveways and crossover to be designed and constructed in

accordance with the relevant engineering guidelines, and in

accordance with Figure 12 Driveways;

(v) Coloured or standard bitumen for driveways is not permitted.

(vi) Raw unfinished concrete is not permitted.

3.07.10 Performance criteria (Boundary fencing)

(i) Front fences are not permitted.

3.07.11 Street boundary setback

(i) Garage – 6.0m minimum setback from front boundary to the face of a

garage.

(ii) Dwelling - non habitable area - 3.0m minimum setback from front boundary.

(iii) Dwelling - habitable areas - 4.5m minimum setback from boundary.

17


(iv) The design intent for the building space located between 3.0m to 4.5m

setback from the front boundary is to provide a transitional entry area to the

dwelling incorporating architectural elements to soften solid building

surfaces.

(v) All dwelling structures are not permitted within the 3.0m street boundary

setback area.

3.07.12 Rear boundary setback

(i) For all Lots backing onto Springfield Drive:

(a) ground floor level building elements, 4.0m setback from Springfield

Drive boundary; and

(b) above ground floor building elements, 8.0m setback from Springfield

Drive boundary (including all that part of a building above 4.5m

high).

(ii) All other Lots, 2.0m setback (unless a “Specified Lot” listed below)

(iii) For Lots listed below (Specified Lots), setbacks are as follows:

Lot Front Setback Rear Setback Side Setback

16 As above 4.717m (e’mnt) 3.0m (e’mnt)

20 As above 1.0m & 3.1m (patio) 2.0m



3.07.13 Zero Lot – Side boundary

(i) Walls with zero setback shall not exceed 15.0m overall in length (collective).

(ii) A maximum continuous zero lot wall length of 10.0m is permitted without

recess.

(iii) A zero lot wall greater than 10.0m in length shall have a minimum recess of

1.5m boundary setback for a minimum length of 2.5m.

(iv) Walls exceeding 15.0m in length (collective) shall be setback 1.5m from the

zero boundary.

3.07.14 Side Boundary Setback (non zero boundary)

(i) The following setbacks on the non zero side boundary of a Lot shall apply for

structures with a maximum length of 12.0m:

(a) Ground floor level building elements 1.0m setback.

(b) Above ground floor level building elements 2.0m setback.

(c) Regulation height balustrade on a second level veranda, patio or

deck to have a 1.0m boundary setback.

18


(d) A setback of 3.1m shall apply for structures greater than 12.0m in length

(collectively) except a veranda, patio or deck is permitted within the 3.1m

setback area nominated on The Pavilions Plans provided the veranda, patio

or deck has:

A a minimum boundary setback of 1.0m;

B a maximum height of 3.5m above ground level (including roofing

and all other building elements); and

C an open wall space along the boundary setback side of the structure.

3.07.15 Building Envelopes & Site Coverage

(i) A single residential dwelling is permitted to be erected on a Lot.

(ii) If the Pavilions Plans identify a building envelope for a particular Lot, then a

dwelling may be built within the envelope identified for that Lot on the

Pavilions Plans.

(iii) A maximum Site Coverage of 65% is permitted on a Lot (ratio of building

area over Lot area).

(iv) When a Lot area is greater than 430m2, a maximum site coverage of 280m2

shall apply.

3.07.16 Floor Space Ratio – A Maximum & Minimum Floor Area Permitted on a Lot

(i) A maximum Floor Space Ratio of 65% is permitted on a Lot.

(ii) A minimum Floor Space Area of Class 1 building permitted for a dwelling on

a Lot is 190m2.

3.07.17 Building Heights & Ground Levels

(i) A maximum building height of 8.5m is permitted on a Lot.

(ii) The ground level of any part of a Lot on which any building is to be

constructed may only be increased by 0.5m.

3.07.18 Car Parking

(i) Carports are not permitted on a Lot.

3.07.19 Verandas, Patios and Eaves

(i) Roofed veranda, patio and deck areas are not included in calculating floor

space area provided their combined areas do not exceed 15% of the total

floor space of the dwelling. The combined area above 15% is counted as

floor space when calculating the floor space ratio of a building.

(ii) Roofed verandas, patios and decks are not permitted to exceed a combined

area of 30% of the total living space of a dwelling.

(iii) Outdoor decks above ground level (roofed or not) are not permitted to

exceed 30% of the living floor space on that level.

19


(iv) Standard eaves (to a maximum of 600m overhang) are permitted within

nominated boundary setback areas.

3.07.20 Privacy Fencing

(i) Side and rear boundary fencing is to be a minimum of 2.0m high and be

constructed of rendered masonry. Existing resort standard fencing along

Springfield Drive is to be retained. Any alterations to the existing fencing

must have prior PBC & PTBC approval, as necessary.

(ii) Side boundary fencing is not permitted beyond the 3.0m street setback area.

3.07.21 Figures and Plans

Figures 36 to 41 apply to Pavilions and are for the purposes of these Development

Control By-laws known as The Pavilions Plans.

20


3.08 Figures

21


GENERAL NOTES:

a) LOTS 1-14 GRACEMERE WATERS NORTH GTP 107068 ARE RIGHT HAND SIDE ZERO

LOT LINE BOUNDARIES.

b) NO ZERO LOT LINE BOUNDARY CONSTRUCTION (INC. CLASS 10) FOR LOT 15 IN

GRACEMERE WATERS NORTH GTP 107068.

c) LOTS 14-19 GRACEMERE WATERS GTP 107014 ARE RIGHT HAND SIDE ZERO LOT LINE

BOUNDARIES.

d) NO ZERO LOT LINE BOUNDARY CONSTRUCTION (INC. CLASS 10) FOR LOTS 20 & 23

GRACEMERE WATERS GTP 107014. LOT 13 ON GRACEMERE WATERS GTP 107014 MAY

HAVE EITHER SIDE.

(e) MAXIMUM WALL LENGTH OF ZERO BOUNDARY WALLS TO BE 9.0M.

22


23


GENERAL NOTES:

a) FENCE COLOURS:

(I) MASONRY AND CONCRETE FENCE COLOUR TO MATCH DWELLING

(II) ALUMINIUM FENCE TO BE BLACK, DARK BROWN OR BRUNSWICK GREEN. GREY IS

PERMITTED IN GI3.

b) FENCE TYPE: RENDERED MASONRY, PRECAST CONC. PANEL AND FLAT TOP POOL FENCING ONLY.

c) ALL SIDE BOUNDARIES MUST BE FENCED AND MUST BE NON-RETAINING.

d) MAILBOXES TO MATCH FINISH OF DWELLING AND COMPLY WITH AUSTRALIA POST GUIDELINES.

e) ALL MAILBOXES TO BE CONSTRUCTED PER GUIDELINES AS ISSUED BY ARCHITECTURAL REVIEW

AUTHORITY (INCLUDING NUMBERING).

f) LOTS 15-23, 74-79 (GI3) MAY HAVE STAGGERED FENCING BETWEEN FRONT BOUNDARY AND

FRONT ELEVATION, OF SOLID CONCRETE/MASONRY & OPEN ALUMINIUM COMBINATION SUBJECT

TO SATISFACOTY LANDSCAPING AS DETERMINED BY HIR PBC.

24


GENERAL NOTES:

a) NO EXTERNAL PLANT AND EQUIPMENT TO BE ATTACHED TO EXTERIOR OF DWELLING I.E.

SPA MOTORS, AIR CONDITIONING, HEATERS

b) NOISE OUTPUT (MEASURED AT THE TOP OF BOUNDARY FENCE) TO BE THE LESSER OF

(I) 65 DBA; AND

(II) 5 DBA ABOVE BACKGROUND NOISE

c) ALL SERVICES, PLANT & EQUIPMENT MUST NOT BE VISIBLE FROM THOROUGHFARE.

d) ACCESS TO REFUSE BIN AREAS MUST BE MAINTAINED VIA NON-LOCKABLE GATE AND

ACCESS TO BE UNRESTRICTED (NO GRAVEL / STEPPING STONES).

e) ROOF MOUNTED OBJECT TO:-

(I) MATCH ROOF COLOUR,

(II) NOT VISIBLE FROM THOROUGHFARE

(III) MINIMAL VISIBILITY FROM GOLF COURSE OR ADJOINING LOT.

f) ALL WATER METERS AND CONNECTIONS ARE TO BE MADE BY PRINCIPAL BODY

CORPORATE AFTER PAYMENT OF APPROPRIATE FEE TO THE PRINCIPAL BODY

CORPORATE.

g) IRRIGATION SYSTEMS AND HOSE COCKS MUST BE FITTED WITH BACK FLOW

PREVENTION DEVICES.

25


26


GENERAL NOTES:

a) SUN CONTROL DEVICES PERMITTED IN REAR AND SIDE YARDS WHERE THEIR LOCATION WILL NOT

LIMIT ADJOINING VIEW CORRIDORS.

b) SUN CONTROL DEVICES SHALL MATCH THE COLOUR OF THE DWELLING, WHEN USED ON THE FRONT OF

A CLASS 1A BUILDING.

c) INSECT SCREENS MUST MATCH THE EXISTING OPENING FRAME COLOUR AND SECURITY

GRILLS/SCREENS ARE NOT PERMITTED.

d) EXTERIOR LIGHTING MUST NOT CAUSE NUISANCE TO ANOTHER LOT & MUST USE TRANSLUCENT OR

OPAQUE DIFFUSERS. FLOODLIGHTS, SPOTLIGHTS AND NEON LIGHTS ARE NOT PERMITTED.

e) A FLAGPOLE MUST:- (I) HAVE INTERNAL HALYARDS.

(II) NOT GENERATE NOISE

f) LOCATION AND NUMBER TO BE DETERMINED BY THE PBC.

GENERAL NOTES:

(a) NO FLUORESCENT COLOURS

(b) SIGNS MAY ONLY BE ERECTED AFTER LODGEMENT AND APPROVAL OF APPLICATION FORM BY THE

ARCHITECTURAL REVIEW AUTHORITY.

(c) MUST BE REMOVED UPON SALE, COMPLETION OF THE PROPERTY OR BY DIRECTION OF THE PRINCIPAL

BODY CORPORATE.

(d) ONE SIGN PER LOT.

e) FAILURE TO REMOVE NON-COMPLYING SIGNS (ONCE NOTIFIED) WILL RESULT IN REMOVAL BY

PRINCIPAL BODY CORPORATE.

27


GENERAL NOTES:

a) ALL CONSTRUCTION WITHIN BATTER ZONE TO BE SUPPORTED BY GEO TECHNICAL

REPORT AND CERTIFICATION THAT NO LOAD INCREASE WILL OCCUR ON THE

REVENTMENT WALL.

b) VOLUMETRIC HOLDING CAPACITY OF BATTER ZONE MUST NOT BE DIMINISHED.

28


GENERAL NOTES:

a) COLOURS, MATERIALS AND QUALITY OF FINISHES OF ALL STRUCTURES TO MATCH

CLASS 1A DWELLING.

b) ALL OPENINGS FACING A THOROUGHFARE MUST SCREEN, ALL INTERNAL ITEMS FROM

VIEW.

c) RETAINING WALLS GREATER THAN 600MM IN HEIGHT TO BE DESIGNED BY

STRUCTURAL ENGINEER.

d) BOATSHEDS, BOAT RAMPS, BROAD WALKS & ALIKE ARE NOT PERMITTED.

e) SEE ALSO DIAGRAM / FIGURE 9 ‘BATTER ZONES’.

f) APPLICATIONS WHERE OFFSETS OF LESS THAN 1.5M ARE SHOWN, MUST BE

SUPPORTED BY STRUCTURAL CERTIFICATION THAT ADJOINING DEVELOPMENTS ARE

UNAFFECTED AND DEMONSTRATE B.C.A. COMPLIANCE.

g) POOLS MUST NOT BE LOCATED IN THE BATTER ZONE FOR FAIRWAY ISLAND.

29


GENERAL NOTES:

a) LIGHTING TO COMPLY WITH ‘TYPE C’ FLOODLIGHTING (AS 2560 PART (1) – 1082)

b) COURT FENCING TO BE BLACK, DARK BROWN OR BRUNSWICK GREEN, PVC COATED

CHAIN WIRE AND MATCHING POSTS.

30


31


GENERAL NOTES:

a) ALL NEW WORKS TO DRAIN TO SITE PITS (CONNECTED TO STORM WATER DISCHARGE).

b) SERVICE PITS, INFRASTRUCTURE, MANHOLES AND ALIKE TO REMAIN EXPOSED AND NON

PONDING.

c) IMPORTED SOILS TO BE MIN 5% ORGANIC, PH 5.5 TO 7, SALT < 0.06 % AND FREE FROM NUT

GRASS.

d) MINIMUM SOIL DEPTHS: TURF 75MM, GROUND COVERS 150MM, SHRUBS 300MM AND TREES

500MM OR TWICE ROOTBALL.

e) PLANT SIZES: 50% OF ALL TREES MUST BE 25L OR GREATER; SHRUBS MUST BE A MIN 200MM

POT SIZE, GROUNDCOVERS MIN 140MM POTSIZE OR 125MM POTSIZE IF 15 PLANTS/M2

f) ALL GARDEN BEDS MUST BE MULCHED TO A DEPTH OF 75MM, HOOP PINE FINES MUST BE USED IN

FRONT YARDS, MULCH MUST BE RETAINED FROM FLOWING INTO WATERWAYS.

g) ALL LOTS TO BE IRRIGATED BY MINIMUM (6) STATION CONTROLLER WITH GARDENS AND LAWN

ON SEPARATE SINGLE SOLENOIDS. SYSTEMS MUST BE BLACK FLOW COMPLIANT. NON-

POTEABLE (GREY & GREEN WATER) WATER SOURCES MUST MEET GOLD COAST CITY COUNCIL

WATER USE GUIDELINES.

h) COCOS PALMS (CASTRUM ROMANZOFFIANUM) ARE NOT PERMITTED.

i) SPECIES MUST NOT UNREASONABLY INTERFERE WITH ADJOINING OWNERS.

j) TREE REMOVAL MUST BE APPROVED BY THE PBC

k) TREES/SHRUBS AND PLANTS MAY ONLY BE PLANTED IN EDGED GARDENS.

l) ALL GARDENS TO BE EDGED WITH PAVER IN MORTAR BASE, OR COLOURED MACHINE LAID

CONCRETE.

m) TEMPORARY TIMBER EDGING MAY ONLY BE USED ON THE COMMON BOUNDARY WITH VACANT

LOTS.

n) TURF TO BE “A” GRADE WINTERGREEN OR OTHER HIRPBC APPROVED TURF.

32


GENERAL PLANT SIZE AND DENSITY

PLANTING TYPE MIN. NO. OR

PERCENTAGE

MIN. SIZE

CONTAINERS

MIN. PLANT

HEIGHT

MIN. PLANT

CENTRES

FRONT YARD

FEATURE / SPECIMEN 1 200LT - -

PLANTING OR

(TREE & PLANTS) 3 45LT - -

SHRUBS 20% 300MM - -

SIDE YARDS

SCREENING PLANTS 7 45LT - -

TO NEIGHBOURS OR

(TREES & SHRUBS) 40% - 2000MM -

ALL GARDENS AREAS

TREES 50% 25LT -

PALMS 50% 25LT -

SHRUBS-SMALL

(<1M)

200MM - 300-600MM

SHRUBS-MEDIUM (1-

2M)

200MM - 600-1000MM

SHRUBS-LARGE

(2>M)

300MM - 1000-1500MM

GROUNDCOVERS 140MM - 400-600MM

GROUNDCOVERS-

SMALL

125MM - 250-300MM

33


GENERAL NOTES: FIGURES 14, 15 , 16 & 17

a) SETBACKS ARE MEASURED TO OUTSIDE OF THE WALL OF THE BUILDING.

b) LOTS 48-60 (GI1) ARE TO BE SPECIFICALLY DESIGNED TO THE COMPLETE SATISFACTION

OF THE DEVELOPER AND ASSESSED ON AN INDIVIDUAL BASIS BY THE ARA.

c) ALL DWELLINGS TO HAVE A MINIMUM OF (2) COVERED PARKING SPACES.

d) NO COVERED OR UNCOVERED PARKING SPACES OR VEHICLE ACCESS ARE TO BE

LOCATED IN FRONT OF LOTS 53 TO 60(GI1), LOTS 15-23 & 74-79 (GI3).

e) CLASS 10A STRUCTURES IN REAR YARD ABUTTING COMMON PROPERTY (PARK) MUST

BE OPEN (UNWALLED) CONSTRUCTION AND MAY BE ROOFED.

f) NO ZERO LOT LINE BOUNDARY CONSTRUCTION (INC CLASS 10) ON LOT 32 (GI1) & LOT

57 (GI2).

g) LOTS 48-60 (GI1) MAY HAVE STAGGERED FENCING BETWEEN THE FRONT ELEVATION

AND FRONT BOUNDARY SUBJECT TO ARA GUIDELINES.

h) MAXIMUM WALL LENGTH OF ZERO BOUNDAY WALL TO BE 9.0M.

edgecomb

Line

edgecomb

Line

edgecomb

Line

34


edgecomb

Line

edgecomb

Line

edgecomb

Line

35


36


37


GENERAL NOTES: FIGURES 18 & 19

a) MAXIMUM SITE COVER LEVEL BUILDING 50% ALL OTHERS 35% (ROSEBANK SOUTH)

b) DESIGNATED CORNER LOTS 1, 7, 13, 21, 22, 29, 32, 37, 43, 49 & 50 (ROSEBANK SOUTH)

c) ROSEBANK WAY WEST IS FRONT BOUNDARY FOR LOTS 1, 7, 13, 21 & 22

d) RIVERDALE DRIVE IS FRONT BOUNDARY FOR LOTS 29, 32, 37, 43, 49 & 50

e) DESIGNATED CORNER LOTS (GI3) ARE 9, 14, 15, 23, 74, 80, 92 & 97.

38


GENERAL NOTES: FIGURES 20 & 21

a) SETBACKS ARE MEASURED TO OUTSIDE OF THE WALL OF BUILDING.

b) MAX FSR = 0.7 AND SITE COVER = 45%.

c) MAXIMUM CONTINUOUS WALL LENGTH OF DWELLING TO BE 7.5M.

d) SIDE BOUNDARIES MUST BE FENCED AND REAR BOUNDARIES MAY BE FENCED.

e) SOLID RENDERED MASONRY OR PRE-CAST CONCRETE FENCES MUST NOT EXTEND PAST FRONT

OR REAR ELEVATIONS OF THE DWELLING AND MUST BE NON-RETAINING.

f) PITCH OF ROOF MUST BE 18º OR GREATER.

g) PRIVACY WALLS AND SCREENS TO BE MAX 450MM IN HEIGHT WHEN USED TO DELINIATE THE

FUNCTION OF SOFT AND HARDSCAPE.

g) SIDE FENCE COLOURS TO MATCH COLOUR PALETTE OF NEIGHBOURHOOD ENTRANCE

STATEMENT.

h) ALTERNATIVE SETBACKS FOR THE LAKES NORTH AND THE LAKES SOUTH, WILL BE IN

ACCORDANCE WITH GUIDELINES DETERMINED BY THE ARA.

39


GENERAL NOTES:

a) DUPLEX LOTS WILL BE LOTS 27-34, 47-54 AND 59-62 WITH THE COMMON WALL

BOUNDARY AS 27/28, 29/30, 31/32, 33/34, 47/48, 49/50, 51/52, 53/54, 59/60 & 61/62

RESPECTIVELY.

b) SETBACKS ARE MEASURED TO OUTSIDE OF THE WALL OF BUILDING.

c) SIDE BOUNDARIES MUST BE FENCED AND REAR BOUNDARIES MAY BE FENCED.

d) SOLID RENDERED MASONARY OR PRECAST CONCRETE FENCES MUST NOT EXTEND

PAST THE FRONT ELEVATION OF THE DWELLING AND MUST BE NON-RETAINING.

e) PITCH OF ROOF MUST BE 18º OR GREATER.

40


FIGURE 22

GENERAL NOTES:

1. SITE COVER 50% SINGLE LEVEL, 35% (2) LEVEL

2. CUMULATIVE LENGTH OF WALL BUILT ON ZERO LOT BOUNDARY

WILL NOT EXCEED 65% OF LENGTH OF FINAL BOUNDARY.

3. FLOOR SPACE RATIO 0.50

4. MIN. FLOOR AREA OF CLASS 1 (A) 200M2 EXCLUDING GARAGE AND

ROOFED CLASS 10.

5. FOR DWELLINGS OVER 4.5M BUT LESS THAT 8.5M IN HEIGHT, ALL

SIDE AND REAR BOUNDARY SETBACK MUST BE A MINIMUM OF 3.0M.

6. BUILDING HEIGHTS ABOVE 8.5M ARE NOT PERMITTED.

41


GENERAL NOTES:

a. LOTS 39-41 & 69-72 (GI2) MAY HAVE SOLID FENCING TO SIDE AND REAR BOUNDARIES.

LOTS 39, 42 & 68 (GI2) TO BE ASSESSED ON APPLICATION.

b. LOTS 80-86, 91, 92, 97 & 98 (GI3) MAY HAVE SOLID FENCING TO REAR & SIDE

BOUNDARIES.

42


43


44


GENERAL NOTES:

(a) PRIVATE RESIDENTIAL PONTOON, GANGWAYS, PILING AND ATTACHMENTS SHALL BE

DESIGNED AND INSTALLED SUCH THAT THEY SATISFY MINIMUM DESIGN CRITERIA OF

THE ARCHITECTURAL REVIEW AUTHORITY.

(b) PRIVATE MOORING APPROVALS WILL NOT BE GRANTED WITHOUT PRIVATE MOORING

AGREEMENTS.

(c) PRIVATE MOORING ARRANGEMENT TO COMPLY WITH FIG 29

(d) VESSELS MAY BE STORED ON THE PONTOON MOORING OR BESIDE IT. DEVICES TO

ELEVATE VESSELS FROM A WET BERTH LOCATION ARE NOT PERMITTED.

(e) PILED MOORINGS ONLY FOR COOMERA RIVER AND GRAND CANALS EAST & WEST.

45


46


47


PRECINCT PLAN FIGURE 31

48


49


50


51


52


Figure 36 – Example of Acceptable Solution

Solid to Void Ratio 69:31

Figure 37 – Example of Acceptable Solution

53


Figure 38 – Building Envelope (Summary of Setbacks)

Figure 39 – Street Elevation (Summary of Setbacks)

54


Figure 39 - Street Elevation (Summary of Setbacks)

Figure 40 – Side Elevation (Summary of Setbacks)

55


Figure 41 – The Pavilions Lot Plans showing maximum building envelope

56


4.00 ARCHITECTURAL REVIEW AUTHORITY

4.01 Appointment

4.01.1 The PBC has resolved to establish the ARA to carry out the ARA'S Duties.

4.01.2 If Hope Island Resort Holdings Pty Ltd is not the Registered Owner of any Lot the

ARA will have up to six (6) members. If Hope Island Resort Holdings Pty Ltd is the

Registered Owner of a Lot the ARA will have up to eight (8) members.

4.01.3 (i) The PBC will appoint up to six (6) members from time to time to the ARA

for a term nominated by the PBC.

(ii) Up to six (6) positions pursuant to 4.01.3(i) on the ARA will be known as

“Neighbourhood representative” positions and one position will be known as

a “core” position.

(iii) Where the Neighbourhood representative positions have not been filled in

respect of a particular Neighbourhood, deliberations will be made by existing

members of the ARA. A neighbourhood representative must be an owner of

a lot within the chosen neighbourhood.

(iv) If Hope Island Resort Holdings Pty Ltd is the Registered Owner of a Lot,

Hope Island Resort Holdings Pty Ltd will appoint 1 member from time to time

of the ARA for a term concurrent with that of the members appointed by the

PBC. Persons appointed by the PBC need not be members of a body

corporate which is a member of the PBC.

(v) The ARA will include at least two (2) non-voting members from Hope Island

Resort Services Limited being:-

(a) the Building Manager of Hope Island Resort Services Limited or his

or her nominated representative;

(b) the Administration Manager of Hope Island Resort Services Limited

or his or her nominated representative;

or their nominated representatives. These positions shall provide technical

advice and secretarial services to the ARA Committee.

4.01.4 The PBC retains the right at any time to appoint or replace members of the ARA

appointed by the PBC. Hope Island Resort Holdings Pty Ltd retains the right at any

time to appoint or replace the member of the ARA appointed by Hope Island Resort

Holdings Pty Ltd.

4.01.5 The PBC will appoint a chairman of the ARA and may employ any officers for its

efficient operation as it deems appropriate. If Hope Island Resort Holdings Pty Ltd is

the Registered Owner of a Lot the chairman will be the member of the ARA appointed

by Hope Island Resort Holdings Pty Ltd.

4.02 Meetings

4.02.1 The ARA will meet from time to time as necessary to perform the ARA's duties.

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4.02.2 3 members of the ARA in person or by proxy will constitute a quorum one of which

must be the member appointed by Hope Island Resort Holdings Pty Ltd or his

nominated representative or proxy where Hope Island Resort Holdings Pty Ltd is the

Registered Owner of a Lot.

4.02.3 Decisions will be made by a majority on a show of hands by members at the meeting.

The chairman will have a primary vote and casting vote. Subject to the casting vote

of the chairman each member has one vote.

4.02.4 The ARA may from time to time, by resolution unanimously adopted in writing,

designate one or more of the members to investigate or perform any duties for and

on behalf of the ARA and report those findings to the ARA.

4.02.5 The vote of the majority of the members of the ARA will constitute an act of the ARA.

4.02.6 A member of the ARA who is absent from a meeting may appoint another ARA

committee member as his or her proxy. An appointment must be in writing signed by

the person making the appointment. The proxy must be delivered to the secretary of

the PBC before the relevant committee meeting and may be faxed.

4.02.7 Members of the ARA will receive reimbursement for expenses incurred by them in

performing the ARA'S duties plus such other amounts approved from time to time by

the PBC.

4.03 Design Professionals

The PBC or the ARA must appoint design professionals from time to time to assist the

ARA in properly performing the ARA's Duties. The qualifications of the design

professionals appointed will be determined by the PBC and they will be persons

qualified and competent to practise in the sole opinion of the PBC in the design of the

relevant Development.

The following design professionals shall be the minimum requirement for reviews:-

Executive Architect - Class 1a, Class 10 developments.

Executive Landscape Architect - Landscaping.

Executive Engineer - Swimming Pools in batter slopes.

- Private Mooring Applications.

Executive Geotechnical Engineer - Class 1a and 10 buildings in batter zone

These positions shall be reimbursed at a rate set from time to time by the PBC.

4.04 ARA's Duties

The duties of the ARA will be to:

(i) consider applications for PBC approval to a Development referred to the

ARA by the PBC and advise the PBC if the application complies with these

by-laws including the minimum design objectives and guidelines for any

Development issued pursuant to by-law 3.02.2 or, where no

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minimum design objectives and guidelines have been issued, if the

application is consistent with Development on other Lots within the

immediate precinct of the Resort;

(ii) recommend to the PBC that an application referred to the ARA be approved

(conditionally or unconditionally) or that the application be disapproved;

(iii) inspect the Development in progress or completed to ensure its conformity

with the PBC approval and advise the PBC if any Development is not being

carried out or has not been carried out in accordance with the approval;

(iv) perform such other duties on behalf of the PBC as from time to time will be

assigned to it by the PBC; and

(v) consider applications for the PTBC or PBC approval to construct modify or

vary a Mooring referred to the ARA by the PTBC or PBC as the case may be

and advise the PTBC or the PBC as the case may be if the application

complies with guidelines previously issued by the PTBC, the PBC or the

ARA for the design and construction of Moorings or, where no guidelines

have been issued, if the application is consistent with other Moorings used or

to be used by other Occupiers of Tidal Land.

4.05 Applications for PBC Approval

4.05.1A Written applications on the form provided by the PBC for PBC approval for any

Development, which may only be made by the Registered Owner or a person with the

written consent of the Registered Owner (“the applicant”), must be accompanied by:

(i) floor plans (including site ratio, site coverage ratio) - 5 copies;

(ii) site plans - 5 copies;

(iii) drainage plans - 5 copies;

(iv) landscaping plans - 3 copies;

(v) dwelling plans (including elevations and cross sections) and specifications - 5

copies;

(vi) swimming pool plans - 5 copies;

(vii) results of a geotechnical investigation - 2 copies;

(viii) Engineer's report certifying the structural soundness of the proposed design

from the results of the geotechnical investigation - 2 copies;

(ix) descriptions and samples of exterior materials and colours and external light

fittings - 1 set;

(x) construction arrangements, techniques and proposed access to the Lot - 1

copy;

(xi) construction program with clearly stated start/completion dates;

(xii) the fee determined by by-law 4.07;

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(xiii) reports of appropriately qualified professionals certifying compliance with

specific requirements of these by-laws where required by the Council or the

PBC;

(xiv) certification from a registered engineer that any swimming pool, spa pump,

air conditioning, or plant operating noise complies with Figure 5.

(xv) any other information required from time to time by the PBC.

4.05.1B In the case of a swimming pool in a canal batter, five (5) plans indicating:-

(i) structural design of the swimming pool;

(ii) a plan location of the swimming pool;

(iii) a cross sectional elevation indicating all reduced levels from the top of the

canal revetment wall in A.H.D. derived;

(iv) certification by a registered engineer.

4.05.1C In the case of a Private Mooring Agreement, three (3) copies of:-

(i) site plan;

(ii) plan view of mooring;

(iii) structural details;

(iv) letter of certification by a registered engineer;

(v) one signed copy of the PTBC or PBC Private Mooring Agreement;

(vi) description of pontoon gangway, piling materials (if applicable) and

structural system;

(vii) description of flotation system including description of exterior coating

system and float dimensions;

(viii) description of pontoon deck finish including colour;

(ix) description of gangway, decking material and deck finish;

(x) description of plan showing the location of mooring cleats and other required

fittings and accessories;

(xi) details of any access or work area required on or through any property

during the works;

(xii) method of maintaining the integrity of the revetment during pile installation

and reinstatement of revetment rock protection layer after pile installation (if

applicable);

(xiii) description of maximum vessel size and vessel mass to be accompanied by

the structure;

(xiv) materials specification.

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4.05.2 Applications must be submitted to the address for service of the PBC as defined in the

Act.

4.05.3 The PBC must refer all applications to the ARA for consideration. After the PBC has

considered the recommendation of the ARA and any other matter the PBC considers

relevant the PBC must give the applicant written notice approving the application

(conditionally or unconditionally) or disapproving the application. The PBC is not

bound to follow the recommendation of the ARA. If the ARA advises the PBC that the

ARA requires additional information before the ARA can make a recommendation the

PBC must write to the applicant asking for the additional information. Written notice

should be entered into by the Architectural Review Authority’s delegated authority.

4.05.4 Where the PBC approves an application conditionally the conditions may include but

are not limited to:

(i) submission of any additional plans and specifications or such other

information as required by the PBC;

(ii) changes being made to any of the items or information included in the

application;

(iii) commencement of the Development will be within three (3) months and

completion within nine (9) months; and

(iii) payment by the Occupier to the PBC of a bond or bank guarantee of such

amount determined by the PBC having regard to the level or extent of the

Development proposed, to be held by the PBC as security for the Occupier

carrying out the Development in accordance with the PBC's approval and any

damage caused by the Occupier or by the Occupier's contractors servants

agents or employees. The PBC may use the bond or bank guarantee to

reimburse the PBC at any time for any expenses incurred under by-law 5 and

for any damage caused by the Occupier or by the Occupier's contractors

servants agents or employees. The Occupier may be required to execute a

development bond agreement in the terms required by the PBC.

If on the final inspection the PBC discovers that there have been changes to the

development from the original PBC approved development plan without PBC

approvals to changes, then the PBC may deduct $100.00 from the Bond for each

change or use the Bond to undertake work required to reinstate the development to

that approved by the PBC. The bond or bank guarantee will be returned to the

Occupier when the completed development has been approved by the PBC.

Occupation of a development prior to approval by the PBC will result in forfeiture of

the Development bond.

4.05.5 Where approval (conditional or unconditional) has been given under by-law 4.05.4

the Occupier or the Occupier's contractors servants agent or employees must, unless

the application is at any time withdrawn, carry out the Development in accordance

with the approval.

4.05.6 All approvals must be affixed with the PBC approval stamp and undersigned by a

person authorised by the PBC for this purpose.

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4.06 No Waiver of Future Approvals

The approval of the PBC to any Development will not constitute a waiver of any right

to approve conditionally or disapprove any similar Development subsequently or

additionally submitted for PBC approval.

4.07 Scale of Fees

4.07.1 The PBC may establish a scale of fees payable from time to time to the PBC for

submission of an application to the PBC. The PBC may vary the scale of fees at any

time.

4.07.2 The scale of fees will reflect the type of application including but not limited to a new

Development application or alterations or extensions to an existing Development.

4.07.3 The scale of fees may be structured as:

(i) an initial fee payable at the lodgement of an application;

(ii) a second fee payable for the review by the PBC of an application that has

been substantially amended payable at the time the application is re-

submitted for approval;

(iii) a further fee for each subsequent review of an application that has been

substantially amended or has not been amended in accordance with the

requirements of the ARA payable at the time the application is re-submitted

for approval;

(iv) additional fees payable upon request by the PBC to reimburse the PBC or the

ARA for the cost of engaging any consultant including any design

professional retained to assist the PBC or the ARA in considering an

application;

(iv) A CATV supply and installation fee; and

(v) A final “Re Inspection Fee” after the completion of unsuccessful secondary

final inspections.

4.08 Inspection of the completed Development will proceed in the following order:

(i) The occupier shall contact the PBC and within seven (7) days, the PBC shall

arrange for the ARA to undertake a final inspection.

(ii) Prior to the final PBC inspection, the occupier shall furnish to the PBC a full

set of scaled “as constructed” plans indicating:-

(a) the plan of all buildings on the development and corresponding final

certificates of building compliance;

(b) all hard landscaping and irrigation;

(c) all soft landscaping i.e. flower beds;

(d) the location of any swimming pool and associated plant and

pipework;

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(e) the location of the following services:-

* stormwater;

* sewerage;

* mains water;

* sprinkler valve & ferrule positions;

* telecommunications;

* CATV;

* electricity supply;

* underground lighting supply & transformer positions; and

* any other sub surface utility.

(f) the location of a private mooring.

(iii) if the ARA notifies the PBC that the Development has not been completed in

accordance with the PBC approval the PBC will notify the Occupier in writing

of the non-compliance specifying the particulars of non-compliance and

requiring the Occupier to remedy the non-compliance within 30 days of

receipt.

4.09 Non-Liability of PBC & ARA

4.09.1 Neither the ARA nor any member of the ARA, the PBC nor their duly authorised

representative, will be liable to any Occupier for any loss, damage or injury arising

out of or in any way connected with any recommendation approval (conditional or

unconditional) or disapproval given under these by-laws unless due to the wilful

misconduct, bad faith, or criminal act of the ARA, its members, the PBC or their duly

authorised representative.

4.09.2 Approvals (conditional or unconditional) of any application will not be construed as

compliance by the Development with any laws relating to or regulating construction

of the Development or the structural soundness of the Development.

4.10 Non-compliance

The PBC may permit non-compliance with these by-laws if:

(i) the Registered Owner makes a written request (or consents in writing to

such request) for the PBC permission;

(ii) the non-compliance is of a minor nature; and

(iii) the design objectives of the Resort will be enhanced.

4.10.1 The PBC must notify its endorsement of non-compliance in writing to the Occupier.

The granting of any endorsement will not operate to authorise non-compliance with

these by-laws for any purpose except as to the particular Lot and particular by-law

covered by the endorsement, and only to the extent specified.

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4.10.2 The PBC authorisation of non-compliance with any one of these by-laws will not affect

in any way the Occupier's obligations to comply with all governmental or other

applicable laws and regulations affecting the Development.

4.11 Hope Island Resort Holdings Pty Ltd and PBC Development

4.11.1 Hope Island Resort Holdings Pty Ltd and the PBC may undertake any Development at

any time without complying with any one or more of these by-laws.

4.11.2 Where Hope Island Resort Holdings Pty Ltd or the PBC undertake Development which

does not comply with one or more of these by-laws, compliance with these by-laws in

respect of Development on the relevant Lot by an Occupier (other than Hope Island

Resort Holdings Pty Ltd), may be waived to the extent that in the sole opinion of the

PBC compliance is impossible or the expense of compliance is prohibitive.

4.11.3 The authorisation of non-compliance with these by-laws contained in this by-law will

not affect in any way Hope Island Resort Holdings Pty Ltd or the PBC's obligations to

comply with all governmental or other applicable laws and regulations affecting the

Development.

5.00 BREACH OF BY-LAWS

5.01 If the Occupier does not rectify the non-compliance within the period set out in the

notice delivered pursuant to by-law 4.08 the PBC (by itself its agents employees or

contractors) may at the Occupier's expense enter the Lot and remove the non-

complying Development or any part thereof and the PBC may recover the expenses

as a liquidated debt from the Occupier or deduct the expense from the Development

bond.

5.02 If any person does not comply with by-law 4.05, the PBC (by itself its agents

employees or contractors) may enter the relevant Lot and remove the Development

or any part thereof at the expense of the Occupier of that Lot and the PBC may

recover the expense as a liquidated debt from the Occupier or deduct the expense

from the Development bond.

5.03 If the PBC receives advice from the ARA under by-law 4.04(iii) that any Development

in progress is not being carried out in accordance with the approval, the provisions of

by-law 4.08(iii) will apply as though the failure to carry out the Development in

accordance with the approval was a non-compliance.

5.04 If any person does not comply with the Development guidelines set out in by-law 3,

the PBC (by itself, its agents, employees or contractors) may enter the relevant Lot

and remedy the breach (in any way it considers necessary including removing the

offending Development or any part thereof) at the expense of the Occupier of that

Lot and the PBC may recover the expense as a liquidated debt from the Occupier or

deduct the expense from the Development bond.

5.05 The PBC may take any other action it considers necessary to remedy a breach of any

one of these by-laws and may recover the expense to the PBC for taking that action

from that Occupier as a liquidated debt or may require all work on the development

site to cease and restrict the access of agents, employees or contractors.

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6.0 INDEMNITY

6.01 Indemnity

Where there has been non compliance with one or more of these by-laws the

Occupier will indemnify, keep indemnified and hold the PBC, the ARA and any agent,

employee or contractor of the PBC or the ARA harmless against all losses, claims,

demands, and expenses whatsoever and howsoever arising which the PBC, the ARA

or any agent employee or contractor of the PBC or the ARA sustains or incurs due to

the non-compliance or to any action taken pursuant to by-law 5.

Development Control By-laws VERSION 13 · Hope Island Resort Development Control By-laws Version...

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