ITEM 4 CITY DEVELOPMENT REPORT ON … · the esplanade and 3271-3275 surfers paradise boulevarde,...

ITEM 4 CITY DEVELOPMENT REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (403 UNITS), SHORT-TERM ACCOMMODATION (319 UNITS), FOOD AND DRINK OUTLETS, A SHOP (NEIGHBOURHOOD STORE), AND A SALES OFFICE AT 84-88 THE ESPLANADE AND 3271-3275 SURFERS PARADISE BOULEVARDE, SURFERS PARADISE – LOT 2 ON RP58515, LOT 155 ON RP40234, LOT 156 ON RP40234, LOT 157 ON RP40234, LOT 158 ON RP21840, LOT 2 ON RP88425, LOT 1 ON RP88425 - DIVISION 7 PN88646/01/DA3

Refer 105 page attachment

1 APPLICATION SUMMARY

Application information

Address 84-88 The Esplanade and 3271-3275 Surfers Paradise Boulevarde, Surfers Paradise.

Lot and plan Lot 2 on RP58515, Lot 155 on RP40234, Lot 156 on RP40234, Lot 157 on RP40234, Lot 158 on RP21840, Lot 2 on RP88425, Lot 1 on RP88425.

Site area 3,833m2.

Zone / Precinct High density residential zone.

Overlays

Acid sulfate soils overlay code;

Airport environs overlay code;

Building height overlay map (HX);

Coastal erosion hazard overlay code;

Light rail urban renewal area overlay code (Frame area); and

Residential density overlay map (RD8).

Proposed use

Multiple dwellings (403 units);

Short-term accommodation (319 units);

Food and drink outlets;

Shop (neighbourhood store); and

Sales office.

Level of assessment Code assessment.

Applicant and Applicant’s consultancy team

Karimbla Propertys (no.53) Pty Ltd C/- Urban Planning Services Pty Ltd;

Urban Planning Services (Planning consultant);

SJB Architects (Architect);

Knobel Consulting (Civil engineering);

Bitzios Consulting (Traffic engineering);

753rd Council Meeting 23 March 2018 Economy, Planning & Environment Committee Meeting 21 March 2018

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ITEM 4 (Continued) MCU FOR MULTIPLE DWELLINGS, SHORT-TERM ACCOMMODATION, FOOD AND DRINK OUTLETS, A SHOP, AND A SALES OFFICE AT 84-88 THE ESPLANADE AND 3271-3275 SURFERS PARADISE BOULEVARDE, SURFERS PARADISE - DIVISION 7 PN88646/01/DA3

Acoustic Logic (Acoustic engineer);

Elephants Foot (Waste Management);

MEL Consultants (Wind Environment Assessment);

Urbis (Landscape Design); and

B&P Surveys (Surveyors).

Land owner Karimbla Properties (no.53) Pty Ltd.

Public notification The application is Code Assessable and there is no requirement to publicly notify the development application under the Planning Act 2016.

Letters of concern

Despite the application being Code Assessable, 23 letters of concern were received in objection to the application raising concerns with the proposal’s setbacks, separation distances, traffic impacts, privacy impacts, shadow, appearance and impervious area.

These concerns have been addressed within section 16 of this report.

Decision due date 27 April 2018

Referral agencies Department of State Development, Manufacturing, Infrastructure and Planning.

Officer’s recommendation Approval.

2 PROPOSAL

The development involves the establishment of a mixed use, high-rise tower development comprising of the following:

722 units which are categorised as follows:

403 Multiple dwellings; and

319 Short-term accommodation units.

Food and drink outlets;

Shops (Neighbourhood stores); and

A Sales office.

The key development parameters of the proposal are outlined in the table:


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Key development parameters

Setbacks

Level

Eastern setback

(The Esplanade)

Northern setback

Western

setback

(Surfers Paradise

Boulevarde)

Southern setback

Ground 5.45m 0m 3.0m 0m

Levels 1-3 5.45m 0m 1.5m 0m

Level 4 4.93 0m 1.5m 0m

Level 5 5.45m 0m 6m 0m

Levels 6-28 4.95m 6.3m 36.39m 3.8m

Levels 29-31 4.95m 6.3m 36.39m 3.81m

Level 32 5.45m 6.8m 36.39m 4.3m

Levels 33-46 4.875m 6.8m 36.39m 4.3m


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Levels 47-60 5.2m 6.8m 36.39m 4.3m

Levels 61-Roof

5.45m 6.8m 36.39m 4.3m

Site cover Ground Level: 72.9%

Level 1: 84.8%

Level 2-3: 82.9%

Level 4: 82.7%

Level 5: 65.6%

Level 6-75: 34.2%.

Height 76 storeys (253.58 metres).

Density 722 units;

1,166 bedrooms; or

1 bedroom per 3.29m2 of net site area.

Unit mix 403 Multiple dwellings, including:

109 x 1 bedroom;

226 x 2 bedroom;

67 x 3 bedroom; and

1 x 4 bedroom.

319 Short-term accommodation units, including:

138 x 1 bedroom studio apartments;

104 x 1 bedroom;

73 x 2 bedroom; and

4 x 3 bedroom.

Gross floor area 71,094m2.

Car parking 397 – Total;

292 – Permanent residents;

35 – Short-term accommodation spaces; and

25 – Visitor spaces.

Vehicular access Vehicular access to the basement is proposed to occur from The Esplanade, which also includes a porte-cochere. Access to the podium car parking is facilitated from Surfers Paradise Boulevarde, which also provides access to the development’s loading bay.


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Bicycle parking 508 – Total;

468 – Residents and staff; and

40 – Visitor spaces.

Lifts 13 elevators, seven (7) of which run the full height of the tower.

Communal open space

4,741m2 in total which includes an outdoor swimming pool and sundeck areas, day-beds and pavilions, lawn terrace, indoor swimming pools, spa and sauna facilities, gymnasiums, a library, lounge facilities, meeting rooms and a communal kitchen.

Private open space Each unit includes an external balcony which varies in size from 5m2 to 23m2. Most units include balconies of 9m2 in size.

Waste management Waste collection will occur within the loading bay, accessed via Surfers Paradise Boulevarde.

The development intends to utilise roll-on-roll-off (ro-ro) bins and will be serviced once a week for general waste and twice a week for recycling.

The proposal is depicted below in the following images:

Figure 1: Photomontage of proposal (provided by the applicant)


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Figure 2: Render of proposal – looking north-east (provided by the applicant)

Figure 3: Photomontage of proposal – looking south-west from The Esplanade (provided by the applicant)


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Figure 4: Photomontage of proposal – looking north-east from Surfers Paradise Boulevarde (provided by the applicant)

Figure 5: Proposed Site Plan


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Figure 6: Typical floor plate

Assessment of the proposal has been undertaken against the City Plan. The proposal seeks alternative outcomes to the following codes:

High density residential zone code:

Setbacks;

Site cover; and

Density.

High rise accommodation design code:

Tower base (podium);

Tower form design; and

Private open space.

General development provisions code:

Shadow impacts.

Transport code

Car parking supply;

Servicing;

Bicycle parking supply; and

General design.

3 SITE DESCRIPTION AND SURROUNDING AREA

3.1 Characteristics of site


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The site is:

Made up of seven (7) allotments, totalling 3,833m2 in size;

Has a 46m frontage to The Esplanade, a 34m frontage to Surfers Paradise Boulevarde and is 101m deep;

The site is currently vacant of vegetation and built form, having previously been improved by the ‘International Beach Resort’, which was a 22 storey high-rise development which was recently demolished in anticipation for this proposal;

Located within the High density residential zone and the ‘Frame area’ of the Light rail urban renewal area; and

Has an undefined height restriction and the highest residential density provided within the City Plan, being RD8 (1 bed per 13m2 of net site area).

Figure 7: Photograph of subject site as viewed from the east (The Esplanade)


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Figure 8: Photograph of subject site as viewed from the north-west (Surfers Paradise Boulevarde)

3.2 Characteristics of surrounding area

The immediate surrounding area of the site is predominately characterised by high-rise and medium-rise apartment buildings, with some commercial uses. The broader characteristics and context of the surrounding area is described below:

North: The ‘BreakFree Beachpoint’ tower, which is 17 storeys in height, is located immediately north of the site. Further north are towers including the ‘Focus Apartments’, ‘QT Gold Coast’, ‘The Shore Holiday Apartments’ and ‘Mantra Sun City’.

East: The beach and foreshore area is located east, on the opposite side of The Esplanade.

South: Immediately south of the site is a public footpath which runs east to west, connecting The Esplanade and Surfers Paradise Boulevarde. This pathway is approximately 3.7m wide. On the opposite side of this pathway is the ‘BreakFree Imperial Surf’ high-rise, a 40 storey tower, ‘The Quarterdeck’, a 14 storey tower and ‘Scooter Hire Gold Coast’ a two (2) storey commercial development. The Surfers Paradise Centre zone is 115m south, starting at the car park which fronts Cypress Avenue.

West: The site adjoins the pedestrian crossing for the Cypress Avenue light-rail station. The ‘Crown Towers Resort’, ‘Sling Shot and Vomatron’ and ‘Surfers Paradise Mini Golf’ are located west on the adjacent side of Surfers Paradise Boulevarde. Further west is Ferny Avenue/ Gold Coast Highway.


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Figure 9: Aerial photograph of surrounding environment


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Figure 10: Photograph of public walkway adjoining the site’s southern boundary

4 LEVEL OF ASSESSMENT

Table 5.5.3- ‘Material change of use – High density residential zone’ of the City Plan categorises the proposal as subject to Code Assessment because the proposed land uses of Multiple dwelling, Food and Drink Outlet (where less than 150m2 of GFA and not including a drive-thru) and Shop (where a neighbourhood store and less than 150m2 of GFA) are all Code assessable, while a Sales office is Accepted subject to requirements. Further, the site benefits from an undefined building height limit while density does not trigger Impact Assessment in this zone.

5 OTHER DEVELOPMENT APPROVALS/EXISTING LAWFUL USES

5.1 Subject site

As mentioned above, the site was previously improved by the ‘International Beach Resort’, which was a 22 storey high-rise development, which was recently demolished in anticipation for this proposal. The demolition of this tower was approved in late 2016 and has involved the removal of the tower and basement structures.

The previous tower on-site included a porte-cochere along The Esplanade and further vehicular access via Surfers Paradise Boulevarde.


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Figure 11: Historic photograph of International Beach Resort – looking north-west from The Esplanade

5.2 Neighbouring premises

Not applicable.

6 PLANNING ASSESSMENT

6.1 Assessment against a variation approval

The proposal does not trigger assessment against any variation approvals.

6.2 Assessment against the Strategic framework

The proposal does not trigger assessment against the strategic framework.

6.3 Assessment against the codes

The following is an assessment of the application against the applicable codes of the City Plan identified in the table below:


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Zone code Overlay codes Development codes

High density residential zone code.


Airport environs overlay code;

Coastal erosion hazard overlay code; and

Light rail urban renewal overlay code.

High-rise accommodation design code;

Commercial design code;

General development provisions code;

Healthy waters code;

Transport code;

Driveways and vehicular crossing code;

Sales office code;

Solid waste management code; and

Landscape work code.

6.3.1 Assessment against the zone code

The proposal has been assessed against the High density residential zone code.

High density residential zone code

The purpose of the High density residential zone code is to provide for higher density multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents.

The proposed development is considered to comply with the purpose of the High density residential zone code, as following a detailed assessment, the proposal is considered to comply with the Overall Outcomes in accordance with the following:

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) Land uses –

(i) include a range of high density residential uses;

(ii) such as Multiple dwellings, Dwelling houses on small lots, Residential care facilities and Retirement facilities are included in the zone to provide a mix of dwelling types and increase residential density;

(iii) such as Relocatable home parks and Rooming accommodation may be included to deliver housing choice, providing they do not reduce the potential to supply a sufficient number of high density residential dwellings and do not detract from the residential amenity of the area;

(iv) include neighbourhood centres and standalone small scale non-residential development consistent with the Strategic framework;

(v) which carry higher potential for impacts on amenity such as Car washes, large Food and drink outlets, Service stations, Shops, Veterinary services, Community


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care centres, Educational establishments, Emergency services, Places of worship, Indoor sport and recreation and Parking stations may be considered if appropriately designed and located and not detract from the residential amenity of the area; and

(vi) involving Tourist-related development such as Short-term accommodation and Tourist parks and attractions may be considered where they can be supported by City services and do not compromise the amenity or character of the zone and local area.

(vii) do not detract from the residential amenity of the area.

Officer’s comments – Land use

The proposed land uses of Multiple dwelling, Short-term accommodation, Food and drink outlet and Shop are listed within points 2(a)(ii) and 2(a)(v) respectively as intended development for the zone, where designed appropriately. The proposed development offers a high-density residential and tourist accommodation outcome in-line with the intent of the zone. The proposed Food and drink outlets and Shops are small-scale, low-intensity and appropriately designed and incorporated into the proposed podium. Further, the Sales office is an interim use to facilitate the sales of the proposed units, thereby, facilitating the proposal’s ultimate outcome.

(b) Housing is provided at a form, scale and intensity that is appropriate for the zone and each particular locality it is in where the following outcomes are satisfied:

Orderly and economically efficient settlement pattern

(i) degree of public transport service within a 400 metre walking distance, being the most desirable distance for pedestrian access, and the ease and safety of pedestrian access to that service;

(ii) proximity to major employment concentrations, centres, social and community infrastructure facilities and important amenity features, including the coast, recreational waterways and parkland;

(iii) capacity of available infrastructure to support the development, including water, sewer, transport and social and community facilities;

Housing needs

(iv) delivery of a generous mix of housing form, sizes and affordability outcomes that meet housing needs (including housing needs of the future) for the locality;

Design and amenity

(v) whether intended outcomes for building form/ city form and desirable building height patterns are negatively impacted, including the likelihood of undesirable local development patterns to arise if the cumulative effects of the development are considered;

(vi) retention of important elements of neighbourhood character and amenity, and cultural heritage;

(vii) whether adjoining residential amenity is unreasonably impacted;

(viii) achievement of a high quality urban design;

Environment

(ix) the impacts of any site constraints, including natural hazard and environmental-based constraints; and

Community Benefit

(x) where the development:

(A) is appropriate having regard to overall outcome (b) (i) to (ix);


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(B) meets all other overall outcomes for the zone; and

(C) incorporates community benefits in addition to those that could be lawfully conditioned to be provided (i.e. that are required to be provided by this City Plan or reasonably required in relation to the development or use of premises as a consequence of the development),

development bonuses are applied in accordance with the SC6.5 City Plan policy – Community benefit bonus elements.

Note: SC6.5 City Plan policy – Community benefit bonus elements provides guidance on what might constitute additional community benefits and the supporting material that may be required to demonstrate the degree of benefit.

Note: Development is not required to incorporate community benefits in order to demonstrate that housing has been provided at a form, scale and intensity that is appropriate having regard to overall outcome (b) (i) to (ix).

Officer’s comments - Form, scale and intensity

The proposed form, scale and intensity is consistent with the intent of the zone due to the following:

The Purpose statement and Overall Outcomes (2)(a)(i) and (2)(a)(ii) call for high density residential uses;

The users of the development will benefit from the frequent light-rail services along Surfers Paradise Boulevarde, located approximately 25m west of the site. The development also complies with the intent of the Light Rail Urban Renewal Area, providing a density that will support the efficiency and effectiveness of this transport infrastructure;

The subject site is located within close proximity to major employment concentrations, social and community infrastructure as well as the beach and parklands;

Council’s Water and Waste is satisfied that some minor modifications to existing infrastructure can accommodate the proposal. Water and Waste officers have recommended a condition of approval which requires the applicant to pay $310,834 to facilitate sufficient emergency sewerage storage as a consequence of the proposed density. Works as a result of this condition will ensure that the development and surrounding area are suitably serviced, mitigating any capacity issues;

Council’s Transport Assessment support the application, subject to conditions, and consider that the impacts posed by the development on the existing transport infrastructure acceptable and consistent with the outcomes sought within the City Plan. This is discussed further in part 15.1 of this report;

The development provides a mix of unit sizes to accommodate different housing needs and degrees of affordability;

The development achieves a high quality design, which is supported by the Office of the City Architect as outlined within section 15.1 of this report; and

Officers have determined that the development does not create unreasonable impacts on the residential amenity of surrounding properties, as the proposal is provided in a form consistent with the intent of the area and facilitates a fast moving shadow. Further, the podium proposed is of a high quality design, with the lower levels sleeved by active space, and incorporates varying materiality. The height is not considered to offend the adjacent high-rise development.

(c) Character consists of –

(i) urban neighbourhoods that consist of primarily higher intensity places containing medium to high-rise buildings;

(ii) a building height that provides a hard and distinct edge to clearly define the higher


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density locations within the city; and

(iii) walking and cycling paths, street trees and local streets for shared car and bike use.

Officer’s comments – Character

Achieving the form desired by the City Plan, as described above, will ensure that the development adheres to the intended character of the area. The textures and materials utilised within the building’s design create a high quality architectural form. The building height proposed provides a clear indication of the intensity facilitated within the development and as intended for this zone. Further, the proposal is considered to enhance the walking and cycling path network through the gentrification of the adjoining laneway.

(d) Built form –

(i) has a building height that does not exceed that indicated on the Building height overlay map;

(ii) is setback from side and rear boundaries to protect the amenity of adjoining uses;

(iii) is setback from road frontages to promote an urban setting and interface with the street; and

(iv) has varying site cover to reduce building dominance and provide areas for landscaping.

Officer’s comments - Built form

The proposed development is compliant with the tests for built form not considered to pose unreasonable impacts on the adjoining allotments for the following reasons:

The proposal does not exceed the Building height overlay map, being unrestricted;

The proposed tower is considered appropriate as it is adequately setback to ensure that suitable separation distances are provided to adjacent towers, mitigating impacts such as privacy as well as visual amenity;

The proposed site cover has been determined to be acceptable as it is greatest within the first four (4) storeys before appropriately transitioning into the tower form which is sufficiently separated from existing high-rises;

The podium’s scale is considered to provide an acceptable outcome for the amenity of adjoining uses due to the following:

As depicted within the figure below and those within part 2 of this report, the podium offers a high quality architectural outcome that incorporates active spaces as well as a variety of materials to reduce the perception of bulk while also integrating an appropriate amount of landscaping to soften the form;

The southern adjoining pathway is approximately 3.7m wide, therefore creating suitable separation to the (southern) adjacent properties as it facilitates a separation which is akin to those sought by the setback provisions of the zone code; and

The adjoining development to the north is a high-rise tower separated from the subject site by its outdoor car parking area and tennis court. Therefore, the proposed podium is not considered to unreasonably impact on the ‘Breakfree Beachpoint’ apartment. Further, the northern adjoining allotment is considered to be large enough (5,139m2 in size) and bound by three (3) roads so that if/when this site is redeveloped, it is not unreasonably hindered by the proposed podium. Further, there may also be an opportunity to abut the proposed podium for further redevelopment options.


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Figure 12: Photomontage of the proposed porte-cochere along The Esplanade (provided by the applicant)

(e) Lot design –

(i) supports a mix and variety of housing forms envisaged in the zone.

Officer’s comment

The development does not propose any new lots, therefore the abovementioned Overall Outcomes are not applicable to this applicaton.

Therefore, the proposed development is considered to achieve the Purpose of the High density residential zone code through demonstrated compliance with the Overall Outcomes, as detailed above.

Although not required as the development complies with the Purpose and Overall Outcomes of the code, for transparency purposes, an assessment has been undertaken below to discuss compliance with particular Performance Outcomes which are considered to be of particular relevance to the application.

The application complies with all of the relevant Acceptable Outcomes of the High density residential zone code, except as follows:

Setbacks;

Site cover; and

Density.

These aspects of the proposal are discussed in more detail below.


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Setbacks

Performance outcome Acceptable outcome

PO1 - Setbacks

Setbacks:

a) assist in the protection of adjacent amenity;

b) allow for access around the building;

c) contribute to streetscape character; and

d) provide separation between buildings to maintain view corridors.

Note: Building setbacks may also be influenced by the shadow provisions in 9.4.2 General development provisions code.

AO1

Setbacks are as follows:

Setback Minimum distances measured in metres (m)

Front

Height Setback

up to 23m 4m

for that part exceeding 23m

6m

Side and rear

up to 4.5m

1.5m

for that part between 4.5m – 7.5m

2m

for that part exceeding 7.5m

an extra 0.5m is added for every 3m in height or part thereof over 7.5m

Between on site habitable buildings (where not attached)

Double the applicable side setback

Officer’s comment

The proposal provides setbacks as outlined within Table 1, below.

Table 1: Setbacks of proposed development

Level Eastern setback

(The Esplanade) Northern setback

Western

setback

(Surfers Paradise Boulevarde)

Southern setback

Ground 5.45m 0m 3.0m 0m

Levels 1-3 5.45m 0m 1.5m 0m

Level 4 4.93 0m 1.5m 0m

Level 5 5.45m 0m 6.0m 0m


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Levels 6-28 4.95m 6.3m 36.39m 3.8m

Levels 29-31 4.95m 6.3m 36.39m 3.81m

Level 32 5.45m 6.8m 36.39m 4.3m

Levels 33-46 4.875m 6.8m 36.39m 4.3m

Levels 47-60 5.2m 6.8m 36.39m 4.3m

Levels 61-Roof 5.45m 6.8m 36.39m 4.3m

The proposal is considered to provide an intense built form outcome, however, as discussed within the Overall Outcomes, the proposed development is considered to provide a suitable outcome with respect to its building setbacks for the following reasons:

The proposed development does not pose unreasonable impacts to the amenity of the adjacent properties as the separation distances between the proposed tower and podium (respectively) are considered sufficient to mitigated adverse physical or visual impacts for the following reasons:

o The separation is considered to be sufficient to mitigate privacy impacts, while facilitating natural light and ventilation; and

o The tower’s siting and its site cover is considered to mitigate adverse impacts from shadowing, through its fast moving shadow, as further explained within the assessment of the PO8 of the General development provisions code (Shadow impacts – for all development 3 or more storeys).

The tower’s curvature has resulted in pinch-points to the site’s boundaries, which provide the setbacks included within the table above;

The southern setback is assisted and enhanced through the width of the adjoining laneway, which is 3.7m wide. This additional width assists in reducing the physical and visual impacts experienced by the adjacent developments to the south;

The proposed podium, at a pinch point, is separated approximately 13.3m from then northern tower, 20m from the south-eastern tower and approximately 21.7m from the south-western tower which are considered sufficient to avoid unreasonable visual impacts. Further, the proposed separation of approximately 4.8m to ‘Scooter Hire Gold Coast’ is considered appropriate for a two (2) storey development given the setbacks provisions of the City Plan at this height;

The reduced setbacks to the southern boundary is considered to be offset through the site’s appropriate activation of this laneway, ensuring an appropriate outcome for the pedestrian environment;

The high quality architectural treatment proposed to the podium as it presents to all sides, including the two (2) street frontages, will positively contribute to the streetscape character which is likely to continue to intensify as the site is located on the periphery of the Surfers Paradise Specialist Centre; and

The adjacent allotments are large enough so that if/when they are redeveloped in the future, their options for redevelopment are not unreasonably impacted, particularly as these allotments are not considered to be overly constrained by other aspects. Further, any anticipated redevelopment would likely be oriented towards the beach.

Despite the above, the proposed development does not achieve part (b) of the of this Performance outcome as the siting of the podium along a portion of the northern boundary does not allow for access around the building. However, this is considered appropriate in this instance due to the


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following:

There is nothing proposed along this portion of the development that would require ongoing maintenance, such as landscaping; and

Facilitating a narrow passage for access purposes could present CPTED concerns and, if replicated on the adjacent property, an undesirable built form outcome with a narrow space between two (2) podiums.

In any event, the proposed development has been considered to comply with the Overall Outcomes of the High density residential zone, denoting that the proposal complies with this zone code, as well as those of the Light rail urban renewal area overlay code.

Site cover


PO2 - Site cover

a is balanced between built form and green areas for landscaped public open space;

b contributes to neighbourhood character and amenity;

c promotes slender bulk form;

d promotes an open, attractive and distinct skyline; and

e facilitates small, fast moving shadows.

AO2

For all other uses, site cover does not exceed a cumulative total of:

a 50% of net site area up to 8 storeys;

b 40% of net site area from 9 to 15 storeys; and

c 30% of net site area or 750m2 per building, whichever is the lesser, above 15 storeys.

Officer’s comment

The podium, at its largest, has a site cover of 84.8% while the tower floor-plate is 1,199m2 in size, which equates to 34.2% of the site area. Therefore, the proposal provides an alternative outcome to AO2. Further to the assessment against the Overall Outcomes the development is considered to comply with PO2 for the following reasons:

The high site cover only applies to the podium levels, being a small portion of the building;

The podium balances active uses and detailed materiality to create depth, articulation and variation to reduce its perceived bulk;

The tower design is sleek, curvy and visually appealing to reduce the perceived bulk and add visual interest;

The size of the proposed tower’s floor-plate facilitates a fast moving shadow, while the depth of the site and the design of the proposal facilitates an open skyline for the northern and south-western adjoining lots;

The size of the proposed floor-plate is commensurate to the size and shape of the site and is considered suitable within the site’s context; and

The high quality architectural design will positively contribute to the neighbourhood character, Surfers Paradise as a whole, and the City’s greater coastline.


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Density


PO4 - Density

Density does not exceed that shown on Residential density overlay map.

AO4

No acceptable outcome provided.

Officer’s comment

The Residential density overlay map affords this site with the planning scheme’s highest density, being one (1) bedroom per 13m2. The proposed development provides a residential density of one (1) bedroom per 3.29m2 and therefore fails to achieve PO4.

Notwithstanding, the development demonstrates compliance with the Overall Outcomes of the High density residential zone code, including provisions specific to density, including but not limited to, Overall Outcomes (2)(b)(i), (2)(b)(ii) and (2)(b)(iii). In accordance with section 5.3.3(4) of the City Plan, compliance with a code can be achieved by demonstrating compliance with the Purpose statement and Overall Outcomes of the code or with the Performance Outcomes or Acceptable Outcomes. Therefore, as the development complies with the Purpose statement and Overall Outcomes of the zone code, the development complies with the code and the proposal is not required to demonstrate compliance with the Performance Outcome. Officers consider that higher densities can be encouraged, where facilitated in an appropriate form, within the Light Rail Urban Renewal Area to ensure efficient land use planning and to support the city’s transport strategy.

6.3.2 Assessment against design based overlay codes

The proposal has been assessed against the following design based overlay codes:

Light rail urban renewal area overlay code.

The proposed development is considered to comply with the Light rail urban renewal area overlay code as it is a suitably efficient use of a site which is well-serviced by public transport, infrastructure, and commercial services within a highly urbanised area. The proposal provides infill development and a high intensity outcome, while contributing to the city’s housing choice, which are outcomes also sought within the Light rail urban renewal overlay code.

A summary of the assessment against most applicable Overall Outcomes of the Light rail urban renewal area overlay code is included below.

OO3(a) Creating communities


(a) Place making helps development contribute to strengthening communities’ local character through:

(iii) locating and designing development to respect and complement the scale, character, form and setting of on-site and adjacent properties;

Officer’s comment

The proposal assists to strengthen the community’s local character and place making through the unique, high quality architectural design and the good level of building articulation to the podium and tower that will contribute to the iconic skyline in Surfers Paradise;

The podium incorporates design features, materiality, human scale detailing and recessed upper


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edges in a visually appealing composition and scale that fits within the context of the surrounding development and the future intended character; and

The curvilinear tower has a sculptural unique form and is consistent with the desired intended high rise character and the tower setbacks respect the amenity of adjacent properties.

OO3(b) Street and spaces for people

(b) Built form interfaces with the street to create strong defined building edges and provides opportunities to engage with street life by:

(i) integrating balconies, building overhangs and canopies into the built form that are carefully designed and scaled to support the street and positioned to maximise function and pedestrian comfort;

(iv) the inclusion of streetscape and landscape design elements that are high-quality, sustainable and positively engage the built form with adjacent streets, parks, and open space;

(vi) highly visible and accessible public open space provided at-grade to complement, connect, and extend the existing network of public streets, parks and open space;

Officer’s comment

The proposal has a unique sculptural tower that contributes to the desired future high density and high rise precinct character and streetscape interface. Multiple balconies along the perimeter of the tower face all directions including to The Esplanade and Surfers Paradise Boulevarde which provide appropriate activation and passive surveillance to the street frontage that encourages pedestrian safety;

The podium contains activated uses, has a highly articulated and visually appealing facade utilising a variety of high quality materials, colours and finishes. The podium façade has fine grain detailing and human scale that provides a high level of amenity and visual appeal to the streetscape; and

The proposal suitably activates the adjoining public footpath to improve the existing public footpath network.

OO3(c) & (d) Design buildings to foster ‘street life’

(c) The building form interfaces with the street, creating strongly defined building edges and providing opportunities to engage with street life. Built form, uses that activate the street, tree planting and pedestrian facilities improve the comfort, environmental and visual quality of streetscapes.

(d) Quality building form at the street-level interacts and enhances street life by:

(ii) setbacks and street level design that promotes positive public to private realm transition and appropriate level of access and surveillance based on the nature of the uses;

Officer’s comment

The proposal’s ground floor incorporates glazed, activated frontages to The Esplanade and Surfers Paradise Boulevarde with cafe tenancies and a lobby for the apartments. The large areas of glazing and activated uses allow appropriate high level engagement and passive surveillance to the street. Main pedestrian entrances are articulated in the architectural language for good way finding, legibility, weather protection and amenity to residents and visitors;

The podium scale, high quality building articulation and the increased ground floor glazing to the lobby will result in the podium design contributing to a high quality streetscape. The podium design will achieve a good interface between the public and private realm through the openness of the ground floor area, legible main entrance and amenity afforded to pedestrians; and


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The proposal is provides enhanced pedestrian connections from Surfers Paradise Boulevarde to The Esplanade through an activated laneway along the south boundary. The incorporation of commercial tenancies along this strip provides excellent private – public interface, with a high level of public amenity and good engagement with the community.

OO3(e) Design buildings to foster distinct Gold Coast character

(e) Local character reflects a combination of built form and mix of uses, and is characterised by the following areas and their outcomes:

(i) building form is characterised by:

(B) high rise buildings with a clearly defined ‘tower and podium form’, where podiums are built to the street edge and may be interspersed or ‘fractured' by public spaces, landscaped areas or pedestrian access ways.

Officer’s comment

The building form has a unique podium design with a sculptured tower that has a distinct base, middle, upper middle and top that assists to visually break up the mass of the building and creates a vibrant, interesting composition. The unique building form contributes to a distinct Gold Coast character and contributes to the city’s iconic skyline.

6.3.3 Assessment against constraint based overlay codes

The proposal has been assessed against the following constraint based overlay codes:


Airport environs overlay code; and

Coastal erosion hazard overlay code.

Acid sulfate soils overlay code

The site is identified as being subject to acid sulfate soils at or below 5m AHD. Council’s Environmental Assessment section has reviewed the proposal and determined that the development complies with the requirements of the Acid sulfate soils overlay code. Council officers have included condition within the officer’s recommendation that requires the applicant to undertake an acid sulfate soils investigation.

Airport environs overlay code

The proposed development is considered to comply with the requirements of the Airport Environs Overlay Code.

Coastal erosion hazard overlay code

The proposed development is considered to comply with the requirements of the Coastal Erosion Hazard Overlay Code.

6.3.4 Assessment against development codes

The proposal has been assessed against the following development codes:


Commercial design code;

General development provisions code;

Transport code;

Driveways and vehicular crossing code;

Sales office code;


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Solid waste management code; and

Healthy waters code.

Assessment has determined the proposal complies with all the outcomes within the identified development codes except for the following:


General development provisions code; and

Transport code.

These are discussed in more detail below.

High-rise accommodation design code

“(1) The purpose of the High-rise accommodation design code is to responsibly encourage diverse, innovative and engaging sub-tropical high-rise forms that enhance the city skyline.


(a) Development is designed to create attractive, high-quality visually appealing buildings and protect the privacy and amenity of neighbouring residential premises.

(b) Slender towers relate to existing high-rises and enhance views of the city skyline.

(c) Tower development mitigates negative visual and physical impacts through appropriate setbacks and design.

(d) Where they occur (in accordance with zone intentions), podiums are designed to engage with the street and be of a scale that is complementary to adjoining and nearby buildings.

(e) Development provides a high-standard of amenity and visual interest for users and neighbours, including a high-standard of communal and private open space.

(f) Development is designed and orientated to promote a safe environment within the site, adjoining streets and public realm.

(g) Development is complemented by high-quality landscaping that contributes to the desired character of the area.

(h) Development is designed to promote safe and convenient pedestrian and vehicle access to and from the site.

(i) Development supports the provision of diversity of housing for various types of households within the city to meet the needs of existing and future residents.

(j) Residential care facilities and retirement facilities are provided with self contained services and recreational facilities to meet the needs of residents.”

The application complies with the Purpose and the Overall Outcomes of the High-rise accommodation design code as follows:

The development provides an innovative and sub-tropical design due to the strong architectural elements proposed within the building’s podium and tower design. The proposal incorporates balconies which blend with the building’s design, providing a desirable level of protection from the City’s sub-tropical climate. The development provides suitable pockets of landscaping in amongst


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the strong architectural statement provided through the podium design which offers a variety of high quality materials, colours, finishes, fine grain detailing and activated space;

The development incorporates a high quality architectural design, being attractive and aesthetically pleasing. The development respects the existing built form and the character of the surrounding area, providing suitable setbacks as addressed within the assessment of the zone code, thereby protecting the privacy and amenity of neighbouring allotments;

The development includes a slender tower form that relates well to the site, surrounding context and with the existing high-rise form ensuring that suitable separation is provided, as it is 21.6 metres from the closest existing high-rise;

The design of the proposed podium respects the intended character of the area while facilitating an appropriate outcome for the adjoining allotments given their heights and the proposed separation distances. Further, the varying textures, materials and fenestrations within the podium design reduces its visual bulk to achieve an expected outcome for the High density residential zone and the light rail urban renewal area;

The proposal will promote a safe environment with suitable ingress and egress for pedestrians and vehicles while also ensuring that appropriate levels of passive surveillance is provided over the street through the inclusion of activated spaces, communal open space atop the podium, forward facing balconies, the lobby and the orientation and location of the units themselves. Further, the proposed treatment and activation of the adjoining laneway will enhance the surrounding pedestrian environment; and

The development provides a mix of unit types with studios, one (1), two (2), three (3) and four (4) bedroom units to accommodate different housing needs and affordability.

Tower base (podium)


PO1

Where podiums are envisaged by the zone, tower base form respects the framework of established built form, adjacent streets, parks and public or private open spaces.

AO1.1

Tower base heights:

(a) are well-proportioned to frame adjacent park land and on-site open space;

(b) match neighbouring low-set built form; or

(c) are no greater than 10.5 metres in height where no neighbouring low-set built form exists.

AO1.2

Tower base setbacks:

(a) match adjacent established setbacks; and

(b) continue public open space areas provided along street frontages.

Officer’s comment

The subject site adjoins properties which are developed in a tower-to-ground form. As the proposal includes a podium (which is 18.1m in height), it is not considered to match the established built form, therefore, providing a non-compliance with PO1 of the High-rise accommodation design code. However, this non-compliance is not considered to be significant for the following reasons:


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The proposal complies with the outcomes of the Light rail urban renewal area overlay code, which explicitly encourages intense built form outcomes in a tower-to-podium form and this overlay prevails over the High-rise accommodation design code to the extent of any inconsistency;

The podium has been appropriately designed to present to each of its street frontages and to respect the adjacent development with an appropriate treatment to each frontage. The podium activates Surfers Paradise Boulevarde, The Esplanade and the southern laneway. Further, the podium treatment to the northern boundary is considered appropriate as it does not present any privacy impacts and is a suitable, high-quality response to the existing built form, abutting the adjacent tennis court and car parking area;

The height of the podium is not considered to offend the development within the surrounding area as the site is located amongst medium and high intensity development;

The podium is separated approximately 3.7m from the southern adjacent properties by way of the public pedestrian footpath which is considered an appropriate separation distance at this scale of built form, in this context, with the podium activating and improving the laneway. Further, the adjacent built form is considered to be appropriately designed to avoid unreasonable impacts; and

The horizontal mass of the podium is broken up through the articulation created through the proposed glazing and vertical fenestration.

Tower form design


PO4 - Tower form design

Slender tower form promotes:

a open, attractive and distinct skyline;

b small, fast moving shadows;

c view corridors between nearby towers;

d efficient interior climate control; and

e balconies as an extension of indoor living space.

AO4.1

Tower floor plate is limited to 750m² per tower (includes all services, lift and stairwell annex, etc.).

Note: Balconies are excluded from calculations to encourage larger private outdoor space areas.

Officer’s comment

The proposed tower floor-plate is 1,199m2 and therefore provides an alternative outcome to achieve PO4. The proposed development is considered to provide a suitable outcome which complies with PO4 for the following reasons:

As discussed earlier within the report, the proposed development is considered to provide suitable setbacks to its property boundaries and separation distances to adjacent towers. Therefore, the proposal facilitates an open skyline, particularly given the openness provided within the western portion of the site, while the high quality architectural design will contribute to an attractive and distinct skyline;

This proposal provides a site cover anticipated for tower developments, while the larger floorplate is considered to be appropriately accommodated on this site given its size and shape;


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As discussed later in this report, with PO8 (Shadow impacts – for all development 3 or more storeys) of the General development provisions code, the proposal facilitates a suitable, fast moving shadow;

The development provides generous separation distances to existing high rises, ensuring appropriate view corridors between towers; and

The balconies will enable efficient interior climate control measures, providing a desirable indoor-outdoor feel for the units’ occupants.

Tower form design


PO5 – Tower Form Design

Tower form mitigates negative visual and physical impacts, including impacts on privacy, by setting back from streets, parks, open space and adjacent properties and tower forms.

AO5.1

Tower form (including balconies) along:

(a) single frontages step in at least 3m from the base (podium); or

(b) corner frontages can have up to 1/3 tower width extend straight down at the corner point to reinforce the intersection if negative ground level wind effects are mitigated.

AO5.2

New towers are separated a minimum distance of 25m from any existing or approved adjacent and on-site tower(s).

AO5.3

Tower form is coordinated to off-set with adjacent existing and proposed towers to ensure:

(a) prominent tower views to natural features like the beach and rivers are not obstructed; and

(b) views of the sky and access to sunlight from the public realm and private open space areas are maximised.

Officer’s comment

The separation distance between the proposal and the closest tower, being ‘BreakFree Beachpoint’ (north) is 21.6m, while exceeding 25m for all other towers. This outcome is considered to comply with PO5 due to the following:

The tower separation is sufficient to maintain the reasonable privacy expectations of residents of surrounding developments; and

The tower is generally setback 5m from The Esplanade and 36.39m from Surfers Paradise Boulevarde. The setback to The Esplanade is not expected to create unreasonable impacts on surrounding amenity and character as there is sufficient building separation from surrounding towers and is sufficiently setback from the street so that the development is not imposing to public spaces, particularly given the tower’s curved, glazed façade.


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Figure 13: Plan depicting the separation distances of the proposed tower (red) and podium (blue)

Communal open space


PO11 – Communal open space

Communal space areas:

(a) are accessible, useable and safe;

(b) enhance the attractiveness of the development;

(c) provide opportunities for social interaction; and

(d) create pleasantly shaded outdoor areas.

AO11.1

Communal space is provided at a rate of 11m² per intended user of the site and is designed for simultaneous use by individuals and groups.

Officer’s comment

Pursuant to Council’s consistently used recreational capacity analysis, the proposed development would be required to provide 3,443.88m2 of communal open space to comply with AO11.1. The proposed development provides approximately 4,741m2 of communal open space and therefore complies with AO11.1 of the High-rise accommodation design code. Further, officers consider that the proposed facilities are attractive and highly useable.


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Figure 14: Proposed communal open space located atop the podium

Figure 15: Proposed communal open space within level 32

Private open space


PO12 – Private open space areas are directly accessible and functional spaces.

Private open space areas are directly accessible and functional spaces.

AO12

Private open space for each dwelling:

a mitigate negative wind effects on intended users;

b has a minimum area of 3m x 3m;

c is accessible from the living room; and

d has a maximum gradient not exceeding one in ten.


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Officer’s comment

The proposed development includes some balconies which are 5m2 in size and therefore do not meet the dimensional requirement of AO12. However, the proposed development is considered to comply with PO12 for the following reasons:

The smaller balconies are provided within the smaller units (e.g. studio apartments);

All the units proposed within the building include balconies which are directly accessible from living areas; and

The balconies will facilitate an indoor-outdoor feel for the apartment units, making them highly functional and attractive components of the units.

General development provisions code

The Purpose statement of the General development provisions code reads as follows:

(1) The purpose of the General development provisions code is to provide a consistent approach to city wide issues and avoid duplication of regulation throughout the City Plan.


(a) Development is designed to maintain the expected level of amenity for the area.

(b) Development promotes a safe environment and reduces the potential for crime.

(c) Development is designed to respect the natural values of the land, including vegetation, natural topography and development on steep slopes to minimise impacts on the landscape character of the city's rural, urban and hinterland areas.

(d) Development does not result in unsightly retaining walls.

(e) Building services and storage areas are designed and located to avoid nuisance to adjoining premises and avoid an unattractive appearance when viewed from the street.

(f) Development does not cause adverse stormwater drainage impacts on or off the site.

(g) Development is connected to essential services and public utilities in accordance with infrastructure provider requirements.

Officer’s comment

The application complies with the Purpose and the Overall Outcomes of the General Development Provisions Code as follows:

As discussed within the assessment against the Purpose and Overall Outcomes of the High density residential zone, the development is designed to maintain the level of amenity expected within this zone, due to the suitable design and materiality, landscaping, setbacks and site cover;

The proposal will promote a safe environment with suitable ingress and egress for pedestrians and vehicles while also ensuring that appropriate levels of passive surveillance is provided over the street through the inclusion of active space within the ground floor and communal open space above, and the orientation of the balconies and units themselves;

The development provides a suitable landscape outcome;

There are no retaining walls required as part of the development; and

The existing infrastructure is capable of facilitating the density proposed. Further, the services have been suitably located and integrated into both the site’s frontage as well as the tower’s cap.

The application complies with all of the relevant Acceptable Outcomes of the General Development Provisions Code, except as follows:

Shadow impacts – for all development 3 or more storeys


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PO8

The building is designed and located to ensure that the shadow cast by the building does not detract from a comfortable living and ground level environment and the access of adequate sunlight to private and public spaces having regard to:

(a) the degree of containment of the shadow on the subject site at different times of the day on the summer and winter solstice and spring and autumn equinox;

(b) the cumulative impact of the shadow and existing shadows;

(c) the effect of the shadow on the ocean beach, Broadwater foreshore, or riverside or beachside public open space;

(d) the location of the shadow on non-residential areas external to the site; and

(e) the effect of the shadow on any other site or other building.

AO8.2

The shadow cast by the building in a true south direction has a length 0.25 times the height of the building, as measured from ground level adjacent to the southern side of the subject building to the top of the topmost storey, and does not intrude onto any other site, or does not cast shadow onto any other building on the same site.

Figure 9.4.4-2

Illustration showing southern shadow outcome


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AO8.4

The shadow cast by any building does not cover any part of the ocean beach or Broadwater foreshore when the shadow has a bearing of 145 east of true north and the length of the shadow is 1.6 times the height of the building as measured from the ground level to the top of the topmost storey.

Note: For the purpose of this acceptable outcome, the ocean beach is defined as that area east of a line 10m east of and parallel to the foreshore seawall line and the Broadwater foreshore is defined as that area east of the leading edge of the revetment wall.

Figure 9.4.4-3

Illustration showing ocean beach and Broadwater foreshore shadow outcome

Officer’s comment

Within the High density residential zone, particularly where a site is designated as ‘HX’- no building height limit, it is reasonable to assume that some shadow impacts are expected. Notwithstanding, the shadow impacts of the proposed development have been determined to be satisfactory due to the following:

The proposed development is of a suitably slender form, as it relates to the site and as demonstrated within the shadow diagrams, the shadow cast by the development is fast moving and does not represent an unreasonable impact or deny any one allotment natural light for long periods of the day. Therefore, maintaining a comfortable living environment and allowing adequate sunlight to private open space;

While the proposal’s shadow does, at times, combine with that cast by the adjacent development, officers do not consider the cumulative shadow to present unreasonable impacts on the affected allotments, or the beach, as the shadow is fast moving and will therefore only present cumulative impacts for limited periods of the day;


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Shadow impacts are anticipated with height and the subject site is located within an area with no height restrictions;

The shadow cast by the proposed development will not unreasonably impact upon the ocean, beach, foreshore or riverside or beachside public open space given the context and intent for the site within the City Plan, anticipating a high intensity outcome. Specifically, the beach will be free from shadow until the mid-afternoon, where the proposal is not considered to provide a detrimental impact to the existing conditions; and

The shadow does not present any unreasonable impacts on non-residential development.

Transport code

Car parking supply


PO1

Development provides off-street car parking to accommodate the parking demand.

AO1

High Density Residential Zone (within 400m of light rail)

Residential – permanent/long term

1 space per dwelling, plus

1 space per 10 dwellings for visitors

Residential – serviced and short-term

No rate specified

Non-residential

1 space per 100m2 of TUA

Officer’s comment

It is noted that AO1 of the Transport Code does not provide a rate for Short-term accommodation within the High density residential zone in the Transport Hub Area. A rate of 1 space per 4 units or dwellings is specified for the Centre zone in the Transport Hub Area. This rate is generally applied throughout the Transport Hub since the entire area benefits from the same level of access to high frequency public transport services. This rate is considered to be particularly relevant to the subject site given that it is located within 30 metres walking distance from a light rail platform and approximately 180 metres walk from the Surfers Paradise Centre zone. A rate of 1 space per 4 units or dwellings has therefore been applied in this instance.

Assuming the above rate for Short-term accommodation, a minimum of 533 car parking spaces is required to meet AO1 as summarised below.


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Residential – permanent (403 units) 403 spaces for residents

41 spaces for visitors

Residential – short term (319 units) 80 spaces

Non-residential (908m2) 9 spaces

TOTAL 533 spaces

The applicant has proposed 397 car parking spaces as follows:

Residential – permanent 292 spaces for residents

25* spaces for residential visitors and non-residential parking

Residential – short term 80 spaces

Non-residential 25* spaces for residential visitors and non-residential parking

TOTAL 397 spaces

*These spaces are shared.

Compliance with AO1 is therefore not achieved.

The proposed car parking supply is considered to be satisfactory for the following reasons:

Reducing car parking supply in the Transport Hub area is considered to be a desirable outcome in order to reduce traffic generation and car dependency and to encourage public transport use;

The subject site falls within the Central Traffic Area where all on-street parking will be limited to 3 hours unless otherwise signed. Developments with more than 20 apartments will not be eligible for resident permits. For that reason, residents within the proposed development that are not allocated a car parking space, or who require more parking spaces than are allocated to their unit, will not have the ability to park on-street;

The subject site is located within a 30 metre walk of the Cypress Avenue light rail station and 180 metres walk from the Surfers Paradise Centre zone, which offers various Shops and services. The proposed development will therefore be attractive to people who want to buy an apartment without a parking space and utilise public transport;

Short-term accommodation in Surfers Paradise attracts a high proportion of fly-in/fly-out guests who utilise airport transfer services and public transport rather than hiring a car. Guests will know at the time of booking whether they have an allocated parking space; and

Residential visitor and non-residential car parking has been pooled together to maximise utilisation of these spaces. Typically, residential visitor parking and non-residential parking experience different peak periods i.e. non-residential demand is typically higher during business hours which is often when residential visitor demand is at its lowest.

It is therefore considered that compliance with PO1 of the Transport Code is achieved.


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Servicing


PO5

Development accommodates for the required design service vehicle, including waste collection vehicles to service the development.

AO5

Development is designed to cater for the largest service vehicle in accordance with Table 9.4.13-9:

Minimum class of service vehicle.

Officer’s comment

AO5 (Table 9.4.13-9) of the Transport Code specifies the following service vehicle requirements:

Multiple Dwelling Medium Rigid Vehicle (MRV)

Short Term Accommodation Coach

Food & Drink Outlet SRV

Shop (tenancies less than 400m2) SRV

Sales Office Not applicable

The proposed development includes a service vehicle area at ground level which can cater for MRVs, SRVs and waste collection activity. However, the development does not accommodate a Coach for the Short-term accommodation component.

The applicant has noted that there are two bus bays located on The Esplanade which are signed to cater for tourist coaches. One is located 50 metres north of the subject site and the other is located 85 metres to the south of the site.

Given the close proximity to the subject site, it is considered that these existing facilities would satisfactorily accommodate occasional coach activity associated with the proposed Short-term accommodation. It is therefore considered that compliance with PO5 of the Transport Code is achieved.

Bicycle Parking Supply


PO10

Development ensures that adequate off-street bicycle parking and end-of-trip facilities are provided to encourage use and meet the needs and volumes of predicted pedestrian and cyclist users.

AO10.1

Development provides off-street bicycle parking and end-of-trip facilities in accordance with Table 9.4.13-10: Bicycle parking rates and Table 9.4.13-11: End-of-trip facilities for active travel users.

Note: This AO does not apply to the following uses:


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Dwelling house;

Secondary dwelling;

Dual occupancy; or

Multiple dwelling (where there are 3 dwellings or less).

Officer’s comment

To meet AO10.1 of the Transport Code, a minimum of 589 bicycle parking spaces are required as follows:

Residential – permanent (403 units) 403 spaces for residents (Security level B)

135 spaces for visitors (Security level C)

Residential – short-term (319 units) 8 spaces for staff/guests (Security level B)

16 spaces for visitors (Security level C)

Non-residential (908m2) 9 spaces for staff (Security level B)

18 spaces for patrons (Security level C)

TOTAL 420 Security level B

169 Security level C

589 spaces

The applicant has proposed 508 bicycle parking spaces, comprising 468 Security Level B spaces and 40 Security Level C spaces. Compliance with AO10.1 of the Transport Code is therefore not achieved.

The proposed bicycle parking supply exceeds that recommended by Austroads for the scale of development proposed (146 Security Level B, 36 Security Level C). On that basis, the proposed bicycle parking supply is considered to be satisfactory and will encourage the use and meet the needs of cyclists in accordance with PO10 of the Transport Code.

General Design


PO24

New development must ensure that continuous circulation aisles must be provided linking all driveways and intersections to provide access to car parking modules and service areas, and avoid the use of the road network when accessing different vehicular areas of the development.

AO24.3

All access driveways are linked by circulation aisles free from parking manoeuvres.

Officer’s comment

To meet AO24.3 of the Transport Code, circulation aisles must connect all car parking areas on the site so that drivers do not have to use the external road network to move between different car parking


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areas. The proposed development includes two separate car parking areas, however, no internal connection is provided to link these car parking areas. Compliance with AO24.3 is not achieved.

It is important to note that PO24 is applicable where car parking is unallocated and a driver may need to travel between on-site car parking areas if all the car parking spaces in one car parking area are occupied. For the proposed development, all visitor (unallocated) car parking is located at Basement Level 1 with access off The Esplanade. For that reason, there would be no need for drivers to use the external road network to move between car parking areas on the site. However, to ensure that compliance with PO24 is achieved, Transport Assessment has recommended a condition of approval requiring signage at the Surfers Paradise Boulevarde driveway advising drivers that all residential visitor and commercial car parking is located off The Esplanade.

7 ASSESSMENT AGAINST A TEMPORARY LOCAL PLANNING INSTRUMENTS

The proposal does not trigger assessment against any temporary local planning instruments.

8 ASSESSMENT AGAINST SCHEDULE 10 OF THE REGULATION

The proposal does not trigger assessment against any assessment benchmarks in Schedule 10 (Development assessment) of the Planning Regulation 2017.

9 ASSESSMENT AGAINST SCHEDULE 12 OF THE REGULATION

The proposal does not trigger assessment against any assessment benchmarks in Schedule 12 (Particular reconfiguring a lot requiring code assessment) of the Planning Regulation 2017.

10 ASSESSMENT AGAINST STATE PLANNING POLICY

The City Plan appropriately reflects all aspects of the State Planning Policy apart from aspects relating to natural hazards, risk and resilience (coastal hazards).

A portion of the site is located within the erosion prone area, however, the entirety of the site is located outside of the coastal management district. The proposal is considered to adequately respond to the constraints associated with this policy due to the proposed construction methodology which will adequately mitigate the risk from natural hazards. Council’s geotechnical engineers have assessed the application and consider it appropriate subject to conditions.

11 ASSESSMENT AGAINST THE REGIONAL PLAN

It is considered the proposal aligns with the South East Queensland Regional Plan 2009-2031 (SEQRP) and the South East Queensland Regional Plan 2017 (Shaping SEQ) as it provides suitable infill development in an intended area.


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12 DEVELOPMENT INFRASTRUCTURE (TRUNK)

There is no new trunk infrastructure required as part of the development; however, the proposal does trigger a requirement for additional contributions ($310,834.00) to be paid for Water and Waste sewerage infrastructure in accordance with a condition within the officer’s recommendation. This money will service the upgrade of sewerage infrastructure within the area and is required due to the increased density being sought and is intended to avoid issues with capacity.

13 INFRASTRUCTURE CHARGES

The final estimated infrastructure charge is $10,872,013.81.

For further information on this matter, refer to the draft notice attached to this report entitled as Attachment: Infrastructure charges notice for the approved development.

Charges Resolution No.1 of 2017 Qty Rate Gross Charge AmountCommercial (Office) 63.2 sq m Gross Floor Area @ $ 141.65 $ 8,952.28Commercial (Retail) 844.9 sq m Gross Floor Area @ $ 182.15 $ 153,898.54Impervious Area 894.5 Square Metres @ $ 10.10 $ 9,034.45Multiple Dwelling 1 Bedroom 109 Dwellings @ $ 20,239.95 $ 2,206,154.55Multiple Dwelling 2 Bedroom 226 Dwellings @ $ 20,239.95 $ 4,574,228.70Multiple Dwelling 3+ Bedroom 68 Dwellings @ $ 28,335.90 $ 1,926,841.20Short Term Accommodation (1 Bedroom)

242 Dwellings @ $ 10,119.95 $ 2,449,027.90

Short Term Accommodation (2 Bedroom)

73 Dwellings @ $ 10,119.95 $ 738,756.35

Short Term Accommodation (3+ Bedroom)

4 Dwellings @ $ 14,167.95 $ 56,671.80

$ 12,123,565.77

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

$ 12,123,565.77 $ 1,251,551.95 $ 10,872,013.81

14 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE DEVELOPMENT

The proposal does not trigger assessment against any assessment benchmarks for another local government area materially affected by the development.

15 REFERRALS

15.1 Internal referrals

This application has been assessed by internal referral officers who have provided reasonable and relevant conditions. An overview of the recommended conditions is provided in the table below:

Internal city expert Comments and Conditions

City Architect Conditions summary

Amended plans to incorporate the recommendations of the wind assessment report;

Screening of visually offensive components; and

Solar reflectivity analysis.


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City Infrastructure Conditions summary

Rectification of Council’s infrastructure;

Existing infrastructure, structures and services;

Footpaths; and

Construction of vehicular crossings.

Environmental Assessment Conditions summary

Management of Acid sulfate soils.

Geotechnical Engineering Conditions summary

Certification of basement excavation stability; and

Supervision of works.

Water and Waste Conditions summary

Extra payment to increase emergency storage at sewer pump station;

Relocation of existing sewer infrastructure;

Water reticulation;

Sub-metering;

Fire loading; and

Sewer reticulation.

Health and Regulatory Services Conditions summary

Acoustic management;

Hours of operation for the proposed Food and drink outlets and communal open space area; and

The management of solid waste.

Hydraulics and Water Quality Conditions summary

Approved Stormwater Management Plan;

Private infrastructure;

Overland flow paths and hydraulic alterations;

Gross pollutant trap (GPT) in basement car parking area;

Certification of works for the implementation of the approved Stormwater Management Plan;

Dewatering management plan; and

Erosion and sediment control.

Landscape Assessment Conditions summary

Landscaping works on private land.


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Open Space Assessment Conditions summary

Landscaping works within public open spaces.

Plumbing and Drainage Conditions summary

Plumbing and drainage works.

Subdivision Engineering Conditions summary

Street lighting;

Electrical reticulation;

Telecommunications network (MCU); and

Certification of works for electrical supply and telecommunication supply into the development.

Transport Impact Assessment Conditions summary

Car parking;

Bicycle parking; and

Loading and unloading.

15.2 External referrals

Concurrence agency(s)

SARA of the Department of State Development, Manufacturing, Infrastructure and Planning were a Concurrence agency on this application as the State Government’s single referral agency given the proximity of the light rail (State infrastructure matters) and as the development exceeds 50,000m2 of gross floor area (architectural matters).

The Department have provided conditions of approval which seek to ensure the protection of the light rail corridor, primarily during the construction of the proposed basement.

Advice agency(s)

There are no advice agencies triggered by this development application.

16 PUBLIC NOTIFICATION

The application is subject to Code Assessment and therefore public notification is not required in accordance with the Planning Act 2016. Notwithstanding, 23 letters of concern were received by Council, all of which were made in objection. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment

Setbacks As detailed within the assessment against the relevant Overall Outcomes and Performance outcome of the High density residential zone, the proposed development is considered to provide setbacks to both the podium and tower form which are considerate of the existing built form and residential amenity,


541 ADOPTED REPORT



while being conducive to the potential future redevelopment of the adjacent allotments.

The primary concern raised with respect to the proposal’s setbacks related to the front setback to The Esplanade. As depicted within the figure below, the development’s protrusion into the six (6) metre tower setback for this frontage, which would comply with the relevant Acceptable outcome, is minor and has been considered to comply with the Performance outcome. Further, the existing high-rise form within the site’s immediate locale were approved and established under former planning schemes which sought larger setbacks. Officers consider that the proposal provides a high-quality architectural outcome which complies with the objective sought within the City Plan, which encourages a built form outcome which suitably responds to the intended intensity while being conscious of the existing streetscape character.

Figure 16: Plan of proposed floor-plate demonstrating limit of front setback

Separation distances The separation distance between the proposal and the closest tower is 21.6m, while exceeding 25m for all other towers. As detailed within this report, this tower separation is considered to be sufficient to maintain the reasonable privacy expectations of residents of surrounding developments.

Privacy As detailed above, the separation of the proposed tower from existing developments is considered to mitigate any impacts on privacy.

Shadow Further to the assessment against the relevant Overall Outcomes and Performance Outcome of the General development provisions code, the proposed development casts an acceptable shadow due to the design and nature of the proposed built form which is conducive to the context of its surrounding environment and the City Plan’s intent for intense built form. The shadow is fast moving and therefore does not impact any allotment for an unacceptable period of time, ensuring the continuity of a comfortable living environment.

As depicted within the shadow diagrams, which accompany this report as an attachment, the beach and adjacent developments are not considered to be unreasonably impacted upon by the proposed development’s shadow. While there is an impact from the shadow cast, the development’s fast moving shadow ensures that the impacts are not felt for an unreasonable period of


542 ADOPTED REPORT



time.

Traffic impacts The applicant provided a Traffic Impact Assessment (TIA) to demonstrate compliance with the relevant Acceptable outcome of the City Plan’s Transport code (AO20) and to demonstrate an appropriate outcome with respect to traffic impacts.

Assessment has determined that the proposed development has a traffic generation potential of 130 peak hour vehicle trips based on standard trip generation rates, taking into account the reduced car parking supply on the site. Given that the development takes access from two (2) road frontages and given the grid-style road network in Surfers Paradise, the proposed development’s traffic will distribute to a number of intersections, reducing the impact at any one intersection. An analysis was undertaken at the following intersections:

Gold Coast Highway/Cypress Avenue (signals); Gold Coast Highway/Palm Avenue (left-in/left-out intersection); Surfers Paradise Boulevarde/Cypress Avenue (signals); Surfers Paradise Boulevarde/Palm Avenue (signals); and Surfers Paradise Boulevarde/Staghorn Avenue (signals).

The analysis revealed that the proposed development traffic will result in only minor increases in delay and queuing at each intersection and does not introduce adverse traffic operations that warrant the need for mitigation measures to be imposed.

Therefore, officers have that the potential impact on the road network is satisfactory and complies with the relevant provisions of the City Plan.

Appearance As detailed throughout this report and particularly within part 15.3 (the comments from the Office of the City Architect) of this report, the proposed development is considered to be of a high architectural quality. The proposal is considered to offer a suitable level of articulation to the podium and tower and will contribute to the iconic skyline of Surfers Paradise. The podium incorporates design features, materiality, detailing and recessed upper edges in a visually appealing composition and a scale that fits within the context of the surrounding development and the future intended character. Further, officers consider that the curvilinear tower has a sculptural unique form that is consistent with the desired intended high rise character and is therefore supported by the relevant design related provisions of the City Plan.

Impervious area Officers are satisfied with the degree of impervious area proposed and consider that it is suitable balanced with pockets of landscaping which is consistent with the site’s context and desired future character.

Officers have assessed the potential impact the impervious area poses on stormwater and are satisfied that the proposal provides a suitable response to stormwater quality and quantity with respect to the relevant provisions of the City Plan.


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17 OTHER RELEVANT MATTERS

Not applicable.

18 CONCLUSION

After a detailed assessment of the proposed development, officers have determined that the proposed development complies with the Purpose and Overall Outcomes of the relevant codes. Alternative Outcomes have been assessed and are determined to satisfy the Performance Outcome or the Purpose and Overall Outcomes of the relevant codes.

Despite the application being Code Assessable, Council received 23 letters of concern in objection to the proposal which raised concerns with the proposal’s setbacks, separation distances, traffic impacts, privacy impacts, shadow, appearance and impervious area. As discussed in detail throughout this report, these concerns are considered to have been adequately addressed by the proposed development which is of a nature and scale that is appropriate for the surrounding area and consistent with the intent thereof. The development is sensitive to its adjoining sites and will enhance the area’s existing streetscape character. Therefore, following the detailed assessment of this proposal, it is recommended that the application be approved subject to conditions.

19 NOTIFICATIONS

The following property notifications will be applied:

Noise / Acoustic

Stormwater

Studies

20 RECOMMENDATION

It is recommended that Council resolves as follows:

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for Multiple dwellings (403 Units), Short-term accommodation (319 Units), Food and drink outlets, a Shop (Neighbourhood store) and a Sales office subject to the following conditions:

General

1 Timing

a All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition.

b Where the timing in a condition is prior to commencement of the use and a Building Format Plan is lodged for approval, the timing in the condition changes from being prior to commencement of the use to being prior to the earlier of the commencement of the use and approval of the plan of subdivision. This timing requirement prevails despite any inconsistency with the timing requirement in another condition.

2 Approved drawings


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Undertake and maintain the development generally in accordance with the following drawings:

Planning

Drawing Title Author Date Drawing No. Ver

FLOOR PLAN Parking 3 SJB Architects 12.02.2018 DA-12002-P3 34



FLOOR PLAN Ground – Entry Lobby

SJB Architects 28.02.2018 DA-12005-G 35

FLOOR PLAN Level 1 - Podium SJB Architects 12.02.2018 DA-12007-01 34

FLOOR PLAN Level 2 – Podium Parking

SJB Architects 12.02.2018 DA-12008-02 34



FLOOR PLAN Level 4 – Plant SJB Architects 12.02.2018 DA-12010-04 34

FLOOR PLAN Level 5 – Pool SJB Architects 12.02.2018 DA-12011-05 34

FLOOR PLAN Level 6-28 – Typical MSA


FLOOR PLAN Level 29-30 –MSA Penthouse



FLOOR PLAN Level 32 – RES Indoor Pool


FLOOR PLAN Level 33-46 – Typical Low RES


FLOOR PLAN Level 47-60 – Typical Mid RES



FLOOR PLAN Level 62-72 – Typical High RES


FLOOR PLAN Level 73 – RES Penthouse


FLOOR PLAN L74 - Plant SJB Architects 12.02.2018 DA-12080-74 34

FLOOR PLAN L75 - Damper SJB Architects 12.02.2018 DA-12081-75 34


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FLOOR PLAN L76 - Roof SJB Architects 12.02.2018 DA-12082-76 34

BUILDING ELEVATION North SJB Architects 12.02.2018 DA-15001 34

BUILDING ELEVATION East SJB Architects 12.02.2018 DA-15002 34

BUILDING ELEVATION South SJB Architects 12.02.2018 DA-15003 34

BUILDING ELEVATION West SJB Architects 12.02.2018 DA-15004 34

DETAIL ELEVATION North – Podium Facade

SJB Architects 28.02.2018 DA-15005 35

DETAIL ELEVATION West – Podium Facade


DETAIL ELEVATION East – Podium Facade


DETAIL ELEVATION South – Podium Facade


BUILDING SECTION Tower SJB Architects 12.02.2018 DA-16001 34

BUILDING SECTION Podium SJB Architects 12.02.2018 DA-16002 34

DETAIL SECTION Response to Council Detail Landscape Sections


DETAIL SECTION Response to Council Detail Carpark Ramp Section


3D Perspective SJB Architects 12.02.2018 DA-18001 34








The conditions of this approval are to be read in conjunction with the attached stamped approved drawings. Where a conflict occurs between the conditions of this approval and the stamped approved drawings, the conditions of this approval shall take precedence.

3 Approved Plans


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Undertake and maintain the development generally in accordance with the following plans:

Health and Regulatory Services

Plan Title Author Date Plan Reference No. Ver

Noise Impact Assessment Acoustic Logic

15/02/18 20170371.5/1502B/R5/TS

5

Response to GCCC Information Request

Acoustic Logic

22/01/18 20170371.5/2201A/R1/TS

1

Operational Waste Management Plan

Elephants Foot Recycling Solutions

15/02/18 - E

Hydraulics and Water Quality


Conceptual Stormwater Management Plan - Proposed Mixed Use Development on Lots 155, 156 & 157 on RP40234, Lot 2 on RP58515, Lot 158 on RP21840 & Lots 1 & 2 on RP88425, 84 The Esplanade, Surfers Paradise

Knobel Consulting Pty Ltd

12 February 2018

K3893-0011-B B

4 Podium design

The podium design must incorporate the openings and components of transparent glazing, as demonstrated within the approved plans, for the life of the development.

5 Studies

The proposed development includes studies which must include fixed furnishings (e.g. a desk), or, alternatively, not be provided with a door and are not to be converted into bedrooms.

Trunk Development Infrastructure

6 Extra payment condition

a Pay to Council extra trunk infrastructure costs in the amount of $310,834, prior to commencement of the use.

b This condition has been imposed as the development will require additional emergency storage at sewer pump station SPS A4 in the 2037 to 2066 Planning Horizon.

c The details of the trunk infrastructure for which the additional payment is required, are as follows:

i extra trunk infrastructure costs = base unit cost of emergency storage x V x adjustment factor x ((1+i)^n), where:


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V = 33 kL, i.e. additional volume of emergency storage required (kL)

Base unit cost of emergency storage = 3716.66 ($/kL) (calculated using Equation 13 of the Water and Sewerage Infrastructure Plan Detailed Cost Analysis(2014))

Adjustment factor = 1.5 (for overhead and contingency allowance)

i = 2.12% - indexation (10 year average of ABS 6247 roads and bridges index 3101 Queensland Table 17)

n = 25, i.e. the number of years the cost is being bought forward, from beginning of the planning horizon year in which the additional storage is needed (2037), less the year the cost estimates rates were calculated from (2012).

d Instead of making the payment, elect to provide all or part of the trunk infrastructure detailed above. If this election is made, the requirements for providing the trunk infrastructure, and when it must be provided, are as follows:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code).

ii The construction of extra emergency storage of 33 kL at SPS A4 is to be completed prior to commencement of the use.

iii Construction must be coordinated with Council and with any upgrade identified in Council’s Water Supply and Sewerage Infrastructure Plan for sewer pump station SPS A4.

Property

7 Lots to be amalgamated

Amalgamate lots L2 RP58515, L155 RP40234, L156 RP40234, L157 RP40234, L158 RP21840, L2 RP88425, L1 RP88425 into one lot and register the plan of amalgamation prior to commencement of the use.

8 Private infrastructure

Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the Body Corporate and/or legal authority:

a Stormwater management devices and infrastructure monitored and managed in accordance with the SQID Maintenance Management Plan (MMP).

b Detention tank maintained functional for its intended purpose during the entire life of the development.

c Gross pollutant trap (GPT) ensuring it functions for its intended purpose.

Amenity

9 Hours of operation and loading and unloading

a Conduct alfresco dining associated with the commercial component of the development between the hours of 7:00 am to 10:00 pm on Mondays to Sundays, public holidays included.

b Ensure communal open space activities on Level 5 – Pool and Level 32 – RES Indoor Pool are between the hours of 7:00 am to 10:00 pm on Mondays to Sundays, public holidays included.

10 Screening of visually offensive components

Locate and screen the following components of the development so that they are not visible


548 ADOPTED REPORT



from any road to which the site has frontage, adjoining premises or otherwise on display from any public thoroughfare or vantage point:

a Refuse storage areas

b Service equipment

c Mechanical ventilation

d Refrigeration units

e Storage areas for machinery, materials, vehicles or the like.

Environmental and Landscaping

11 Landscaping works on private land

a Obtain an operational works approval to landscape the site generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


Landscape Design Report for Development Application

Urbis 14 February 2018

Pages 1 – 24. I

and include in particular:

i Unless otherwise specified within this condition, tree species must be a minimum bag size of 100L at the time of planting.

ii Tree species located within the frontage setbacks must be a minimum bag size of 200L at the time of planting.

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

iv Unless otherwise specified within this condition, shrub species must be a minimum 200mm pot size at the time of planting.

v Screening shrub and feature shrub species must be a minimum 300mm pot size at the time of planting.

vi All plant species used on site must have a proven tolerance to exposed coastal conditions.

vii Tree species planted with root zones adjacent to structures must have root control barriers and/or structure strengthening systems installed. Full demonstration of these systems is required.

viii A minimum of one (1) canopy tree must be planted within the Surfers Paradise Boulevarde frontage.

ix Any Pandanus species must be ex-ground, a minimum 3 metres in height and multi headed at the time of planting.

x Planter boxes where trees are to be planted must possess a minimum surface area of 6m². Tree species must be chosen which are suitable for root zones growing in confined planting locations.

xi Planter boxes containing tree species potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure.

xii Podium terrace planters located on Level 1 are required to have a minimum soil


549 ADOPTED REPORT



depth of 600mm.

xiii An automatic irrigation system must be provided to all podium planter boxes.

xiv Include a maintenance management plan relating to the trellis/climbing plant/green roof/green wall systems. The maintenance management plan must:

o Provide detailed information on how these vegetative systems will be safely access for maintenance.

o Stipulate a maintenance schedule for these systems.

o Provide details on the minimum standards to which these systems must be maintained.

o Describe actions to be taken if the system does not function as intended.

xv Frontage fencing is not to be forward of the building line.

b Construct and maintain the private landscaping identified above at no cost to Council at all times.

Transport

12 Off street vehicle and car parking facilities

a Design and construct off street vehicle facilities at no cost to Council prior to the commencement of the use, generally in accordance with the Transport code of the City Plan and include in particular:

i A minimum of 397 car parking spaces, comprising:

o 292 resident spaces

o 25 freely accessible shared spaces for residential visitors and commercial car parking

o 80 short term accommodation spaces

ii All spaces are drained, sealed and line marked.

iii Clearly identified signage and directional markings including:

o Signage located within the site, adjacent to the Surfers Paradise Boulevarde driveway, advising drivers that visitor and commercial car parking is located off The Esplanade.

o Wayfinding signage within Basement Level 1 to direct traffic to each area of visitor/commercial car parking.

o Visitor/commercial car parking spaces are to be clearly identifiable through the provision of signage denoting “Visitor & Commercial Parking”.

b Maintain the off street vehicle and parking facilities at no cost to Council at all times.

13 Off street bicycle parking and end of trip facilities

a Design, construct and maintain 508 off street bicycle parking spaces at no cost to Council generally in accordance with the Transport code of the City Plan and include in particular:

i 468 Security Level B spaces for residents and staff

ii 40 Security Level C spaces for visitors

iii Signs and line marking to give direction to visitor bicycle parking to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.


550 ADOPTED REPORT



b Undertake all works prior to commencement of the use.

14 Loading and unloading

Loading and unloading of service vehicles must be undertaken generally in accordance with the Transport code of the City Plan and include in particular:

i With the exception of tourist coaches, loading and unloading of any vehicle servicing the development must be conducted wholly within the site.

ii With the exception of tourist coaches, a vehicle, or vehicle waiting to be loaded or unloaded, must stand entirely within the site.

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

iv The largest vehicle permitted on the site is a 9.8 metre long hook lift waste collection vehicle. The dimensions of the vehicle are to be generally in accordance with SC6.13 City Plan Policy – Solid Waste Management.

Engineering

15 Rectification of Council’s infrastructure

a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council.

b Construct and maintain the rectified Council infrastructure at no cost to Council prior to commencement of the use.

16 Gross Pollutant Traps (GPTs)

Install a GPT (hydrocarbon and litter separator) at basement carpark, to treat water before it discharges to Council’s stormwater network prior to commencement of the use.

17 Existing infrastructure, structures and services

a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings prior to commencement of the use at no cost to Council and include in particular:

i Remove redundant vehicular crossing.

ii Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

b Construct and maintain the identified Council infrastructure at no cost to Council prior to commencement of the use.

18 Footpaths

a Obtain an operational works approval for the design and construction of all footpaths marked on the drawings prior to commencement of the use at no cost to Council:


i Provision of equitable access, and achieve compliance with AS1428

b Construct and maintain the footpaths identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, section 6.9.6

19 Construction of vehicular crossing


551 ADOPTED REPORT



Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan.

Stormwater Drainage

20 Overland flow paths and hydraulic alterations

a Leave unaltered the overland flow paths on the site, such that the characteristics of existing overland flows on other properties remain uninhibited and unchanged.

b The development must not:

i Increase peak flow rates downstream from the site

ii Increase flood levels external to the site

iii Increase duration of inundation external to the site that could cause loss or damage

21 Maintenance of stormwater proprietary treatment devices (specific condition)

a A site-specific stormwater quality improvement devices (SQID) maintenance management plan (MMP) must be prepared by a suitably qualified professional in consistent with the maintenance requirements of the devices in the proposed treatment train. The MMP must be submitted to Council for approval prior to the commencement of the use of the premises. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following:

i The MMP must include all associated cost related to the device (e.g., installation, inspection and replacement/maintenance, certifications, reporting, health and safety plans, training, area of land required to install the device etc.);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

b In case of failure to achieve the designed pollutant load reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (e.g. filter cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section SC6.9.3 of the City Plan policy - Land development guidelines) at no cost to Council.

22 Monitoring of the proprietary treatment devices (specific condition)

The owner or the legal entity of the development must carry out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ) specialised in stormwater and must be submitted to Council for record keeping purposes.

Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

Sewer and Water Works

23 Sewer reticulation

a Obtain an operational works approval for the design, construction and connection of a sewer connection for the site to Council’s sewer network at the existing 225 mm main in Surfers Paradise Boulevarde, prior to commencement of the use at no cost to Council and include in particular:


552 ADOPTED REPORT



i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Gold Coast Water Network Modifications, Extension and Connections Policy Procedures.

ii The size of the sewer property service connection must be a minimum of 150 mm in accordance with Section 4.5.4 of the SEQ Water Supply & Sewerage Design & Construction Code (SEQ WS&S D&C Code).

iii Remove/seal/cap redundant sewer property services.

24 Water reticulation

a Design, construction and connection for the site to Council’s potable water supply network at the existing 150 mm main in Surfers Paradise Boulevarde, prior commencement of the use at no cost to Council and include in particular:


ii The property service, water meter box and water meter must be provided at the boundary of the development site.

iii Conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Councils potable water supply network.

iv Remove redundant water meters/connections.

25 Sub-metering

Provide individual sub-metering for each lot/unit including common property generally in accordance with the Metering Technical Specifications and the Gold Coast Water Network Modifications, Extension and Connections Policy Procedures.

26 Fire loading

Fire loading must not exceed 15 L/s for 2 hour duration.

Construction Management

27 Certification of works

Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:

Environmental Assessment

Certified document

Certification date

Plan/ Drawing

Expert discipline

Requesting Council Section

Approved Environmental management plan for Acid sulfate soils management

Prior to the use of the site the subject of this approval

Acid sulfate soils management plan

Earth science


The certification is to confirm:


553 ADOPTED REPORT



That all works have been conducted in accordance with the approved Acid Sulfate Soils Management plan.

Geotechnical Engineering

Certified document

Certification date

Plan/ Drawing

Expert discipline


Basement excavation retention design certification

Prior to the issue of a development permit for building works

- Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering



The basement excavation retention system has been adequately designed abased on existing geotechnical conditions of the site;

Detailed stability analyses have been carried out for the designed basement bexcavation retention system;

The designed basement excavation retention system achieves a factor of safety cof at least 1.5, the calculated retention wall movements and rotations are within acceptable limits, and the basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure;

A site-monitoring plan is in place for the entire basement dexcavation/construction period and for a post-construction period of at least three months in order to monitor and detect impact on the stability and integrity of the adjacent properties/structures; and

A contingency plan is in place in case any sign of instability on the adjacent eproperties/structures is identified or detected during the basement excavation/construction period.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Post- construction certification

Immediately after completion of the basement structure up to natural ground level

- Registered Professional Engineer of Queensland (RPEQ) specialising

Development Compliance


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in geotechnical engineering


All geotechnical engineering works in relation to the basement aexcavation/construction were supervised; and

The basement excavation/construction has been satisfactorily carried out on bsite and there are no visible signs or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.

Gold Coast Water and Waste

Certified document

Certification date

Plan/

Drawing

Expert discipline


As - constructed Plan with the decommissioning of the mains traversing through the subject site

Prior to commencement of the use

- Registered Surveyor

Compliance Section

The certifications are to confirm:

The decommissioning of the mains have occurred so Council asset register can be updated.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Acoustic compliance report


Noise Impact Assessment prepared by Acoustic Logic dated 15/02/18 (Reference: 20170371.5/1502B/R5/TS) and Response to GCCC Information Request letter dated

Acoustic Engineer



555 ADOPTED REPORT



22/01/18 (Reference: 20170371.5/2201A/R1/TS)


The development has been designed in accordance with the established noise criteria and recommendations outlined in an approved Acoustic Report.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste Management compliance report


Operation Waste Management Plan prepared by Elephants Foot Recycling Solutions dated 15/02/18 (Reference: Revision E)

Suitably qualified person



The development has been designed and constructed in accordance with the recommendations outlined in an approved Waste Management Plan and in accordance with SC6.13 City Plan policy – Solid waste management.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Agreement to remove hydrocarbons for GPT


- The owner/ Body corporate for the development

Development compliance


An agreement is entered into with the appropriately licensed waste removal entity, for the removal of hydrocarbons/waste.


556 ADOPTED REPORT




Certified document

Certification date

Plan/

Drawing

Expert discipline


Long - term maintenance agreement





An agreement has been entered into with a proprietor or an appropriate entity for the life of the development for the long term maintenance of the stormwater propriety treatment devices.

The certification is to also provide:

A copy of the agreement.


Certified document

Certification date

Plan/

Drawing

Expert discipline


Confirmation of cartridge replacement

Every year once the use has commenced for the life of the development

- Registered Professional Engineer Queensland (RPEQ)



Cartridges within the stormwater propriety treatment devices have been replaced and are functioning as designed.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Performance of the proprietary treatment devices


- Registered Professional Engineer Queensland



557 ADOPTED REPORT



(RPEQ)


The treatment train including the proprietary device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in City Plan Policy SC6.9 Land development guidelines, section 6.9.3.2.3 Stormwater quality objectives (operational phase).


Certified document

Certification

date

Plan/ Drawing

Expert discipline


Post construction certification


Conceptual Stormwater Management Plan (Knobel Consulting Pty Ltd; 12 February 2018)

Registered Professional Engineer Queensland (RPEQ)

Hydraulics & Water Quality


All stormwater devices (quantity and quality) shown in the approved stormwater management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as designed.


Certified document

Certification date

Plan/ Drawing

Expert discipline




Coastal Hazard Assessment Report (Knobel Consulting Pty Ltd; 29 November 2017)




i All works have been completed on-site in accordance with Council’s approved Coastal Hazard Assessment Report.


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Certified document

Certification date

Plan/ Drawing

Expert discipline


Coastal erosion and wave resistant footings

Prior to commencement of the use.




i All footings are designed and constructed to be resistant to coastal erosion and comply with the Coastal erosion hazard (ocean front land) overlay code of City Plan

ii All footings are designed and constructed to be resistant to wave attack to comply with the Coastal erosion hazard (ocean front land) overlay code of the City Plan.

Office of the City Architect

Certified document

Certification date

Plan/ Drawing

Expert discipline


Solar Light Reflectivity Analysis Report

Prior to the issue of a building approval for works above ground level

- Solar Light Reflectivity Consultant



i The level of light reflectivity from the glazing incorporated in the approved development does not exceed 20%.

28 Supervision of works

During construction of any works the following professionals must be appointed to supervise the below described actions:


Expertise required of the suitably qualified professional

Actions to be overseen by the professional

With experience in management of Acid sulfate soils

Ensure liming rates are applied, conduct verification testing monitor water quality prior to discharge as per the approved Environmental Management Plan/s


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Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering

Supervise all geotechnical engineering works in relation to the proposed basement excavation/construction, and ensure no adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.

29 Availability of approved plans, drawings and reports

Retain a copy of this decision notice and stamped approved plans, drawings and reports on site at all times during construction. Any contractors undertaking approved work (including tree removal or relocations) must be directly provided with a copy of these conditions and instructed as to the need to comply with them.

30 Acid sulfate soils (specific condition)

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

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.

b If acid sulfate soils are detected, obtain a Management Plan approval for an Acid sulfate soils management plan generally in accordance with the Acid sulfate soils overlay code of the City Plan, to implement acid sulfate soils control measures at no cost to Council, prior to any excavation works commencing.

i The Acid sulphate soils management plan must be prepared by a suitably qualitied professional.

ii Implement the Acid sulphate soils management plan during construction works at no cost to Council.

31 Pre-start inspection

Arrange a pre-start inspection prior to the commencement of excavation works to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:

Purpose Council contact

Confirm on-site acid sulfate soil requirements for approved works

Sharon Dyer

Environmental Assessment (07) 5582 8866

Copies of applicable material including this decision notice and stamped approved plans,


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drawings and reports are to be available for the meeting and kept on site during construction.

32 Erosion and sediment control

a Undertake works generally in accordance with the Healthy waters code of the City Plan; and include in particular:

i Sediment control structures e.g.: a sediment fence must be placed at the base of all materials on site to mitigate sediment run-off.

ii A perimeter bund and/or diversion drain is constructed around the disturbed areas to prevent any outside clean stormwater from mixing with polluted / contaminated stormwater.

iii All polluted/contaminated water from the site, including dewatering discharge, is treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM September 2009) prior to discharging from the site.

iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.9 – Land development guidelines, section 6.9.3.6.1.2 – Compliance.

33 Noise management plan

a Prepare and submit for approval a Noise management plan addressing construction activities prior to any works commencing.

b The Noise management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of expected noise sources.

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

iii Identify the measures and work procedures to monitor noise emissions.

iv Provide details of complaint response procedures.

v Identify procedures to monitor and review the noise management plan.

c Implement the Noise management plan prior to any works commencing at no cost to Council.

34 Transport of soil/fill/excavated material

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

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

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

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

35 Construction management plan

a Prepare and submit for approval a Construction management plan generally in accordance with the Guidelines for Construction Management Plans prior to any works


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commencing.

b The Construction management plan must be prepared by a suitably qualified professional and include in particular.

i Provide hours of construction.

ii Provide details on vehicle access (including responsibility for maintenance of the defined cartage route) during construction hours.

iii Provide details on traffic management (including loading, unloading and cartage routes).

iv Parking of vehicles (including on site employees and delivery vehicles).

v Maintenance of safe pedestrian movement across the site’s frontage/s (including people with disabilities).

vi Provide details for the collection and control of Building waste and refuse disposal.

vii Details on the presentation of hoarding to the street.

viii Provide details for tree management.

ix Demonstrate how the general public will be protected from construction activities.

x Provide details on how the building site will be kept clean and tidy to maintain public safety and amenity.

c Implement the Construction management plan during all construction works at no cost to Council.

Note:

Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

36 Dust management plan

a Prepare and submit for approval a Dust management plan generally in accordance with the Change to ground level and creation of new waterways code of the City Plan prior to any works commencing.

b The Dust management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of sources of dust and particulate emissions.

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

iii Identify the procedures to be adopted for monitoring and reporting air emissions.

iv Provide details of complaint response procedures that will be adopted.

v Identify the procedures to be adopted for revision and review of the dust management plan.

c Implement the Dust management plan during all construction works at no cost to Council.


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37 Sand management plan

a Prepare and submit for approval a Sand management plan generally in accordance with the City Plan Policy – Coastal erosion hazard (ocean front land) overlay code prior to any works commencing.

b The Sand management plan must be prepared by a suitably qualified professional and include in particular.

i Outline actions to ensure excavated sand is cleaned, treated, placed, levelled and stabilised.

ii Ensure sand is cleaned using a 20mm sieve to remove all material other than clean sand.

iii Ensure sand is delivered and deposited to the nearest beach.

c If the sand to be excavated will exceed 1,500 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor must:

i Undertake the physical collection of any waste material deposited on the beach as a result of the sand deposition; and

ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.

d Implement the Sand management plan prior to any works commencing at no cost to Council.

38 Dewatering management plan

a Obtain a Management Plan approval for a Dewatering management plan generally in accordance with the Guidelines for Dewatering Management Plan dated May 2016, prior to any works commencing.

b The Dewatering management plan must be prepared by a suitably qualitied professional and include in particular:

i Purpose for dewatering (ie: an explanation why dewatering is required).

ii Dewatering technique (ie: wellpoint, deep well, open hole etc).

iii Anticipated dewatering flow rate and total dewatering duration.

iv Controls (ie: settling tank, turbidity curtain etc) and method of effluent discharge.

v Measures and techniques to manage noise, vibration and odour issues.

vi Measures and techniques to manage geotechnical stability issues.

vii Contingency plan in case of emergency situation.

viii Engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2, where dewatering is conducted in a contaminated area.

ix Monitoring program to ensure effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines.

x Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge.

xi Strategy for monitoring and managing any impacts during the life and after closure of the project.


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xii The point of discharge to the storm water system and to any waterway or water body.

xiii Hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged.

xiv Verification the quality of discharge water will comply with the receiving water duration and frequency of the discharge.

xv Seasonal variability of the receiving water quality.

xvi Assessment of the viability of treating or recycling wastewater.

xvii Location of all treatment pads.

c Implement the Dewatering management plan during construction works at no cost to Council.

Plumbing and Drainage Act 2002

39 Plumbing and drainage works

a Obtain a compliance permit for all plumbing and drainage work prior to commencement of the work.

Note:

A compliance permit for plumbing and drainage works cannot approve the discharge of trade waste to Council’s sewerage system. The generator of trade waste must complete an application for approval to discharge trade waste to Council’s Sewerage System (available on Council’s website).

Advice Notes

A Further development permits/compliance permits

Further development permits and/or compliance permits from Council are required to facilitate the development of the approved works identified in this decision notice. These include:

Landscape Assessment

- Operational works - landscape works

Plumbing and Drainage

- Compliance permit for plumbing and drainage work

Water and Waste

- Operational works - infrastructure

- Application to work on the City’s Infrastructure


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A copy of this decision notice and accompanying stamped drawings/plans must be submitted with any subsequent application identified above.

B Compliance with conditions

Once this development approval takes effect, the conditions attach to the land and are applicable in perpetuity. It is a development offence to contravene a development approval, including any of its conditions.

C Development infrastructure

Development infrastructure required to be provided in implementing this development approval is non-trunk development infrastructure unless otherwise stated in a condition of the approval.

D Connections and disconnections

Any connection/disconnection to the existing water and sewerage networks will be at the applicant’s cost. Prior to the connection/disconnection taking place, the applicant must obtain written approval from Water and Waste.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s websitehttp://www.cityofgoldcoast.com.au

E Separate service connection points

Should a volumetric subdivision be pursued, separate water supply services will need to be designed and constructed to each of the different uses (e.g. commercial/residential), or to each of the volumetric lots created, so as to ensure that all lots within the site have separate service connection points. Internal services will need to be managed through the Building Management Statement.

F Connections to, alteration or realignment of Council infrastructure

Where development works require the connection to, alteration, removal or realignment of Council infrastructure or impact on other public utility infrastructure (e.g. telecommunications, electricity and gas), the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

Connection to, alteration, removal or realignment of Council infrastructure includes (but is not limited to) fire hydrants, water service meters, sewer maintenance hole covers, stormwater drainage infrastructure, reinstatement of maintenance hole covers, stormwater drainage infrastructure, crossovers, footpaths, road pavement, kerb and channel, kerb ramps, medians, traffic islands, road furniture, signage and line-marking.

G Water meter sizing

All water meters 100 mm in diameter or larger require an operation works approval.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s website: http://www.cityofgoldcoast.com.au

H Stormwater

A property notification will be applied to the lot/subsequent lots stating a stormwater management plan exists for the site and must be complied with at all times.

I Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘ACHA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The ACHA establishes a duty of care to take all reasonable and practicable measures to ensure any


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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 ACHA.

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

J 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 liming this obligation, the applicant is responsible for:

a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commended 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 Environment Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

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

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

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceed $150,000. Acceptable proof of payment is a Q.Leave –Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

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

g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required

K Weeds, pest animals and ants

Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural


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prosperity, the environment, social amenity and human health.

All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.

L Gold Coast Airport approval of building and/or structure height

Any building or structure (including construction crane or other temporary equipment) in the City extending to a height of 110 metres or more above ground level must be notified to Gold Coast Airport Pty Ltd.

Property Notifications

A Stormwater

There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201701772). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

B Noise/Acoustic

There are development approval conditions applicable in relation to acoustic issues on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201701772). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

C Study/Media Rooms

There are development approval conditions prohibiting the conversion of study and/or media rooms into additional bedrooms. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Author: Authorised by:

Hoagy Moscrop-Allison Amanda Tzannes

Acting Senior Planner Acting Director Economy, Planning and Environment

March 2018


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Committee Recommendation Adopted At Council 23 March 2018 Changed Recommendation Condition 18 Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to parties associated with the application contributing to her election fundraising activities, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Gates remained in the room. COMMITTEE RECOMMENDATION EPE18.0321.004 moved Cr Owen-Jones seconded Cr Caldwell

NATURE OF DECISION

A Council approves the issue of a Development Permit for Material Change of Use for Multiple dwellings (403 Units), Short-term accommodation (319 Units), Food and drink outlets, a Shop (Neighbourhood store) and a Sales office subject to the following conditions:

General

1 Timing

a All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition.

b Where the timing in a condition is prior to commencement of the use and a Building Format Plan is lodged for approval, the timing in the condition changes from being prior to commencement of the use to being prior to the earlier of the commencement of the use and approval of the plan of subdivision. This timing requirement prevails despite any inconsistency with the timing requirement in another condition.

2 Approved drawings

Undertake and maintain the development generally in accordance with the following drawings:

Planning





FLOOR PLAN Ground – Entry Lobby

SJB Architects 28.02.2018 DA-12005-G 35

FLOOR PLAN Level 1 - Podium SJB Architects 12.02.2018 DA-12007-01 34

FLOOR PLAN Level 2 – Podium SJB Architects 12.02.2018 DA-12008-02 34


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Parking




FLOOR PLAN Level 5 – Pool SJB Architects 12.02.2018 DA-12011-05 34

FLOOR PLAN Level 6-28 – Typical MSA


FLOOR PLAN Level 29-30 –MSA Penthouse



FLOOR PLAN Level 32 – RES Indoor Pool


FLOOR PLAN Level 33-46 – Typical Low RES


FLOOR PLAN Level 47-60 – Typical Mid RES



FLOOR PLAN Level 62-72 – Typical High RES


FLOOR PLAN Level 73 – RES Penthouse


FLOOR PLAN L74 - Plant SJB Architects 12.02.2018 DA-12080-74 34

FLOOR PLAN L75 - Damper SJB Architects 12.02.2018 DA-12081-75 34

FLOOR PLAN L76 - Roof SJB Architects 12.02.2018 DA-12082-76 34

BUILDING ELEVATION North SJB Architects 12.02.2018 DA-15001 34

BUILDING ELEVATION East SJB Architects 12.02.2018 DA-15002 34

BUILDING ELEVATION South SJB Architects 12.02.2018 DA-15003 34

BUILDING ELEVATION West SJB Architects 12.02.2018 DA-15004 34

DETAIL ELEVATION North – Podium Facade


DETAIL ELEVATION West – Podium Facade


DETAIL ELEVATION East – SJB Architects 28.02.2018 DA-15007 35


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Podium Facade

DETAIL ELEVATION South – Podium Facade


BUILDING SECTION Tower SJB Architects 12.02.2018 DA-16001 34

BUILDING SECTION Podium SJB Architects 12.02.2018 DA-16002 34

DETAIL SECTION Response to Council Detail Landscape Sections


DETAIL SECTION Response to Council Detail Carpark Ramp Section










The conditions of this approval are to be read in conjunction with the attached stamped approved drawings. Where a conflict occurs between the conditions of this approval and the stamped approved drawings, the conditions of this approval shall take precedence.

3 Approved Plans

Undertake and maintain the development generally in accordance with the following plans:



Noise Impact Assessment Acoustic Logic

15/02/18 20170371.5/1502B/R5/TS

5

Response to GCCC Information Request

Acoustic Logic

22/01/18 20170371.5/2201A/R1/TS

1

Operational Waste Management Plan

Elephants Foot Recycling Solutions

15/02/18 - E


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Conceptual Stormwater Management Plan - Proposed Mixed Use Development on Lots 155, 156 & 157 on RP40234, Lot 2 on RP58515, Lot 158 on RP21840 & Lots 1 & 2 on RP88425, 84 The Esplanade, Surfers Paradise

Knobel Consulting Pty Ltd

12 February 2018

K3893-0011-B B

4 Podium design

The podium design must incorporate the openings and components of transparent glazing, as demonstrated within the approved plans, for the life of the development.

5 Studies

The proposed development includes studies which must include fixed furnishings (e.g. a desk), or, alternatively, not be provided with a door and are not to be converted into bedrooms.

Trunk Development Infrastructure

6 Extra payment condition

a Pay to Council extra trunk infrastructure costs in the amount of $310,834, prior to commencement of the use.

b This condition has been imposed as the development will require additional emergency storage at sewer pump station SPS A4 in the 2037 to 2066 Planning Horizon.

c The details of the trunk infrastructure for which the additional payment is required, are as follows:

i extra trunk infrastructure costs = base unit cost of emergency storage x V x adjustment factor x ((1+i)^n), where:

V = 33 kL, i.e. additional volume of emergency storage required (kL)

Base unit cost of emergency storage = 3716.66 ($/kL) (calculated using Equation 13 of the Water and Sewerage Infrastructure Plan Detailed Cost Analysis(2014))

Adjustment factor = 1.5 (for overhead and contingency allowance)

i = 2.12% - indexation (10 year average of ABS 6247 roads and bridges index 3101 Queensland Table 17)

n = 25, i.e. the number of years the cost is being bought forward, from beginning of the planning horizon year in which the additional storage is needed (2037), less the year the cost estimates rates were calculated from (2012).

d Instead of making the payment, elect to provide all or part of the trunk infrastructure detailed above. If this election is made, the requirements for providing the trunk infrastructure, and when it must be provided, are as follows:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code).


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ii The construction of extra emergency storage of 33 kL at SPS A4 is to be completed prior to commencement of the use.

iii Construction must be coordinated with Council and with any upgrade identified in Council’s Water Supply and Sewerage Infrastructure Plan for sewer pump station SPS A4.

Property

7 Lots to be amalgamated

Amalgamate lots L2 RP58515, L155 RP40234, L156 RP40234, L157 RP40234, L158 RP21840, L2 RP88425, L1 RP88425 into one lot and register the plan of amalgamation prior to commencement of the use.

8 Private infrastructure

Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the Body Corporate and/or legal authority:

a Stormwater management devices and infrastructure monitored and managed in accordance with the SQID Maintenance Management Plan (MMP).

b Detention tank maintained functional for its intended purpose during the entire life of the development.

c Gross pollutant trap (GPT) ensuring it functions for its intended purpose.

Amenity

9 Hours of operation and loading and unloading

a Conduct alfresco dining associated with the commercial component of the development between the hours of 7:00 am to 10:00 pm on Mondays to Sundays, public holidays included.

b Ensure communal open space activities on Level 5 – Pool and Level 32 – RES Indoor Pool are between the hours of 7:00 am to 10:00 pm on Mondays to Sundays, public holidays included.

10 Screening of visually offensive components

Locate and screen the following components of the development so that they are not visible from any road to which the site has frontage, adjoining premises or otherwise on display from any public thoroughfare or vantage point:

a Refuse storage areas

b Service equipment

c Mechanical ventilation

d Refrigeration units

e Storage areas for machinery, materials, vehicles or the like.

Environmental and Landscaping

11 Landscaping works on private land

a Obtain an operational works approval to landscape the site generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


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Landscape Design Report for Development Application

Urbis 14 February 2018

Pages 1 – 24. I


i Unless otherwise specified within this condition, tree species must be a minimum bag size of 100L at the time of planting.

ii Tree species located within the frontage setbacks must be a minimum bag size of 200L at the time of planting.

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

iv Unless otherwise specified within this condition, shrub species must be a minimum 200mm pot size at the time of planting.

v Screening shrub and feature shrub species must be a minimum 300mm pot size at the time of planting.

vi All plant species used on site must have a proven tolerance to exposed coastal conditions.

vii Tree species planted with root zones adjacent to structures must have root control barriers and/or structure strengthening systems installed. Full demonstration of these systems is required.

viii A minimum of one (1) canopy tree must be planted within the Surfers Paradise Boulevarde frontage.

ix Any Pandanus species must be ex-ground, a minimum 3 metres in height and multi headed at the time of planting.

x Planter boxes where trees are to be planted must possess a minimum surface area of 6m². Tree species must be chosen which are suitable for root zones growing in confined planting locations.

xi Planter boxes containing tree species potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure.

xii Podium terrace planters located on Level 1 are required to have a minimum soil depth of 600mm.

xiii An automatic irrigation system must be provided to all podium planter boxes.

xiv Include a maintenance management plan relating to the trellis/climbing plant/green roof/green wall systems. The maintenance management plan must:

o Provide detailed information on how these vegetative systems will be safely access for maintenance.

o Stipulate a maintenance schedule for these systems.

o Provide details on the minimum standards to which these systems must be maintained.

o Describe actions to be taken if the system does not function as intended.

xv Frontage fencing is not to be forward of the building line.

b Construct and maintain the private landscaping identified above at no cost to Council at all times.


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Transport

12 Off street vehicle and car parking facilities

a Design and construct off street vehicle facilities at no cost to Council prior to the commencement of the use, generally in accordance with the Transport code of the City Plan and include in particular:

i A minimum of 397 car parking spaces, comprising:

o 292 resident spaces

o 25 freely accessible shared spaces for residential visitors and commercial car parking

o 80 short term accommodation spaces

ii All spaces are drained, sealed and line marked.

iii Clearly identified signage and directional markings including:

o Signage located within the site, adjacent to the Surfers Paradise Boulevarde driveway, advising drivers that visitor and commercial car parking is located off The Esplanade.

o Wayfinding signage within Basement Level 1 to direct traffic to each area of visitor/commercial car parking.

o Visitor/commercial car parking spaces are to be clearly identifiable through the provision of signage denoting “Visitor & Commercial Parking”.

b Maintain the off street vehicle and parking facilities at no cost to Council at all times.

13 Off street bicycle parking and end of trip facilities

a Design, construct and maintain 508 off street bicycle parking spaces at no cost to Council generally in accordance with the Transport code of the City Plan and include in particular:

i 468 Security Level B spaces for residents and staff

ii 40 Security Level C spaces for visitors

iii Signs and line marking to give direction to visitor bicycle parking to be visible to cyclists upon entering the site in accordance with AS2890.3. Signage and line marking is to be provided along the route and where bicycle parking is provided.

b Undertake all works prior to commencement of the use.

14 Loading and unloading

Loading and unloading of service vehicles must be undertaken generally in accordance with the Transport code of the City Plan and include in particular:

i With the exception of tourist coaches, loading and unloading of any vehicle servicing the development must be conducted wholly within the site.

ii With the exception of tourist coaches, a vehicle, or vehicle waiting to be loaded or unloaded, must stand entirely within the site.

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

iv The largest vehicle permitted on the site is a 9.8 metre long hook lift waste collection vehicle. The dimensions of the vehicle are to be generally in accordance with SC6.13 City Plan Policy – Solid Waste Management.

Engineering


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15 Rectification of Council’s infrastructure

a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council.

b Construct and maintain the rectified Council infrastructure at no cost to Council prior to commencement of the use.

16 Gross Pollutant Traps (GPTs)

Install a GPT (hydrocarbon and litter separator) at basement carpark, to treat water before it discharges to Council’s stormwater network prior to commencement of the use.

17 Existing infrastructure, structures and services

a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings prior to commencement of the use at no cost to Council and include in particular:

i Remove redundant vehicular crossing.

ii Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

b Construct and maintain the identified Council infrastructure at no cost to Council prior to commencement of the use.

18 Footpaths

a Obtain an operational works approval for the design and construction of all footpaths marked on the drawings prior to commencement of the use at no cost to Council:


i Provision of equitable access, and achieve compliance with AS1428

b Construct and maintain the footpaths, identified above, and associated lighting at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines.

19 Construction of vehicular crossing

Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan.

Stormwater Drainage

20 Overland flow paths and hydraulic alterations

a Leave unaltered the overland flow paths on the site, such that the characteristics of existing overland flows on other properties remain uninhibited and unchanged.

b The development must not:

i Increase peak flow rates downstream from the site

ii Increase flood levels external to the site

iii Increase duration of inundation external to the site that could cause loss or damage

21 Maintenance of stormwater proprietary treatment devices (specific condition)

a A site-specific stormwater quality improvement devices (SQID) maintenance management


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plan (MMP) must be prepared by a suitably qualified professional in consistent with the maintenance requirements of the devices in the proposed treatment train. The MMP must be submitted to Council for approval prior to the commencement of the use of the premises. The approved MMP must be included in the Body Corporate by-laws or Community Management Plan. The MMP must address the following:

i The MMP must include all associated cost related to the device (e.g., installation, inspection and replacement/maintenance, certifications, reporting, health and safety plans, training, area of land required to install the device etc.);

ii The MMP must include the lifecycle cost of the proposed treatment devices;

b In case of failure to achieve the designed pollutant load reduction target during the operational phase of the development, the owner/body corporate must be responsible to replace the proprietary device (e.g. filter cartridges) with an appropriate treatment system in accordance with Council’s WSUD guidelines (Section SC6.9.3 of the City Plan policy - Land development guidelines) at no cost to Council.

22 Monitoring of the proprietary treatment devices (specific condition)

The owner or the legal entity of the development must carry out monitoring of the performance of the proprietary stormwater treatment devices as adopted in the approved stormwater management plan for two years at no cost to Council. Annual report of the monitoring and subsequent results shall be prepared by a suitably qualified professional (RPEQ) specialised in stormwater and must be submitted to Council for record keeping purposes.

Alternatively, the proponent shall submit a certification or endorsement letter from an independent expert / peer reviewer based on the testing / monitoring results of the proprietary devices confirming the performance of the devices in relation to Council’s adopted protocol (August 2015) requirements, to discontinue the ongoing monitoring.

Sewer and Water Works

23 Sewer reticulation

a Obtain an operational works approval for the design, construction and connection of a sewer connection for the site to Council’s sewer network at the existing 225 mm main in Surfers Paradise Boulevarde, prior to commencement of the use at no cost to Council and include in particular:


ii The size of the sewer property service connection must be a minimum of 150 mm in accordance with Section 4.5.4 of the SEQ Water Supply & Sewerage Design & Construction Code (SEQ WS&S D&C Code).

iii Remove/seal/cap redundant sewer property services.

24 Water reticulation

a Design, construction and connection for the site to Council’s potable water supply network at the existing 150 mm main in Surfers Paradise Boulevarde, prior commencement of the use at no cost to Council and include in particular:


ii The property service, water meter box and water meter must be provided at the boundary of the development site.


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iii Conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Councils potable water supply network.

iv Remove redundant water meters/connections.

25 Sub-metering

Provide individual sub-metering for each lot/unit including common property generally in accordance with the Metering Technical Specifications and the Gold Coast Water Network Modifications, Extension and Connections Policy Procedures.

26 Fire loading

Fire loading must not exceed 15 L/s for 2 hour duration.

Construction Management

27 Certification of works

Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:


Certified document

Certification date

Plan/ Drawing

Expert discipline


Approved Environmental management plan for Acid sulfate soils management

Prior to the use of the site the subject of this approval

Acid sulfate soils management plan

Earth science



That all works have been conducted in accordance with the approved Acid Sulfate Soils Management plan.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Basement excavation retention design certification

Prior to the issue of a development permit for building works




577 ADOPTED REPORT




a The basement excavation retention system has been adequately designed based on existing geotechnical conditions of the site;

b Detailed stability analyses have been carried out for the designed basement excavation retention system;

c The designed basement excavation retention system achieves a factor of safety of at least 1.5, the calculated retention wall movements and rotations are within acceptable limits, and the basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure;

d A site-monitoring plan is in place for the entire basement excavation/construction period and for a post-construction period of at least three months in order to monitor and detect impact on the stability and integrity of the adjacent properties/structures; and

e A contingency plan is in place in case any sign of instability on the adjacent properties/structures is identified or detected during the basement excavation/construction period.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Post- construction certification

Immediately after completion of the basement structure up to natural ground level


Development Compliance


a All geotechnical engineering works in relation to the basement excavation/construction were supervised; and

b The basement excavation/construction has been satisfactorily carried out on site and there are no visible signs or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.

Gold Coast Water and Waste

Certified document

Certification date

Plan/

Drawing

Expert discipline


As - constructed Plan with the

Prior to commencement

- Registered Compliance


578 ADOPTED REPORT



decommissioning of the mains traversing through the subject site

of the use Surveyor Section

The certifications are to confirm:

The decommissioning of the mains have occurred so Council asset register can be updated.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Acoustic compliance report


Noise Impact Assessment prepared by Acoustic Logic dated 15/02/18 (Reference: 20170371.5/1502B/R5/TS) and Response to GCCC Information Request letter dated 22/01/18 (Reference: 20170371.5/2201A/R1/TS)

Acoustic Engineer



The development has been designed in accordance with the established noise criteria and recommendations outlined in an approved Acoustic Report.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste Management compliance report


Operation Waste Management Plan prepared by Elephants Foot Recycling

Suitably qualified person



579 ADOPTED REPORT



Solutions dated 15/02/18 (Reference: Revision E)


The development has been designed and constructed in accordance with the recommendations outlined in an approved Waste Management Plan and in accordance with SC6.13 City Plan policy – Solid waste management.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Agreement to remove hydrocarbons for GPT





An agreement is entered into with the appropriately licensed waste removal entity, for the removal of hydrocarbons/waste.


Certified document

Certification date

Plan/

Drawing

Expert discipline


Long - term maintenance agreement





An agreement has been entered into with a proprietor or an appropriate entity for the life of the development for the long term maintenance of the stormwater propriety treatment devices.

The certification is to also provide:

A copy of the agreement.



580 ADOPTED REPORT



Certified document

Certification date

Plan/

Drawing

Expert discipline


Confirmation of cartridge replacement

Every year once the use has commenced for the life of the development




Cartridges within the stormwater propriety treatment devices have been replaced and are functioning as designed.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Performance of the proprietary treatment devices





The treatment train including the proprietary device will achieve pollutants removal efficiency to satisfy Council’s water quality objectives as outlined in City Plan Policy SC6.9 Land development guidelines, section 6.9.3.2.3 Stormwater quality objectives (operational phase).


Certified document

Certification

date

Plan/ Drawing

Expert discipline




Conceptual Stormwater Management Plan (Knobel Consulting Pty Ltd; 12 February 2018)


Hydraulics & Water Quality


All stormwater devices (quantity and quality) shown in the approved stormwater management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as


581 ADOPTED REPORT



designed.


Certified document

Certification date

Plan/ Drawing

Expert discipline




Coastal Hazard Assessment Report (Knobel Consulting Pty Ltd; 29 November 2017)




i All works have been completed on-site in accordance with Council’s approved Coastal Hazard Assessment Report.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Coastal erosion and wave resistant footings

Prior to commencement of the use.




i All footings are designed and constructed to be resistant to coastal erosion and comply with the Coastal erosion hazard (ocean front land) overlay code of City Plan

ii All footings are designed and constructed to be resistant to wave attack to comply with the Coastal erosion hazard (ocean front land) overlay code of the City Plan.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Solar Light Reflectivity Analysis Report

Prior to the issue of a building approval for works above

- Solar Light Reflectivity Consultant



582 ADOPTED REPORT



ground level


i The level of light reflectivity from the glazing incorporated in the approved development does not exceed 20%.

28 Supervision of works

During construction of any works the following professionals must be appointed to supervise the below described actions:




With experience in management of Acid sulfate soils

Ensure liming rates are applied, conduct verification testing monitor water quality prior to discharge as per the approved Environmental Management Plan/s




Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering

Supervise all geotechnical engineering works in relation to the proposed basement excavation/construction, and ensure no adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.

29 Availability of approved plans, drawings and reports

Retain a copy of this decision notice and stamped approved plans, drawings and reports on site at all times during construction. Any contractors undertaking approved work (including tree removal or relocations) must be directly provided with a copy of these conditions and instructed as to the need to comply with them.

30 Acid sulfate soils (specific condition)

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

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.

b If acid sulfate soils are detected, obtain a Management Plan approval for an Acid sulfate


583 ADOPTED REPORT



soils management plan generally in accordance with the Acid sulfate soils overlay code of the City Plan, to implement acid sulfate soils control measures at no cost to Council, prior to any excavation works commencing.

i The Acid sulphate soils management plan must be prepared by a suitably qualitied professional.

ii Implement the Acid sulphate soils management plan during construction works at no cost to Council.

31 Pre-start inspection

Arrange a pre-start inspection prior to the commencement of excavation works to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:

Purpose Council contact

Confirm on-site acid sulfate soil requirements for approved works

Sharon Dyer

Environmental Assessment (07) 5582 8866

Copies of applicable material including this decision notice and stamped approved plans, drawings and reports are to be available for the meeting and kept on site during construction.

32 Erosion and sediment control

a Undertake works generally in accordance with the Healthy waters code of the City Plan; and include in particular:

i Sediment control structures e.g.: a sediment fence must be placed at the base of all materials on site to mitigate sediment run-off.

ii A perimeter bund and/or diversion drain is constructed around the disturbed areas to prevent any outside clean stormwater from mixing with polluted / contaminated stormwater.

iii All polluted/contaminated water from the site, including dewatering discharge, is treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM September 2009) prior to discharging from the site.

iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.9 – Land development guidelines, section 6.9.3.6.1.2 – Compliance.

33 Noise management plan

a Prepare and submit for approval a Noise management plan addressing construction activities prior to any works commencing.

b The Noise management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of expected noise sources.

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


584 ADOPTED REPORT



iii Identify the measures and work procedures to monitor noise emissions.

iv Provide details of complaint response procedures.

v Identify procedures to monitor and review the noise management plan.

c Implement the Noise management plan prior to any works commencing at no cost to Council.

34 Transport of soil/fill/excavated material

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

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

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

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

35 Construction management plan

a Prepare and submit for approval a Construction management plan generally in accordance with the Guidelines for Construction Management Plans prior to any works commencing.

b The Construction management plan must be prepared by a suitably qualified professional and include in particular.

i Provide hours of construction.

ii Provide details on vehicle access (including responsibility for maintenance of the defined cartage route) during construction hours.

iii Provide details on traffic management (including loading, unloading and cartage routes).

iv Parking of vehicles (including on site employees and delivery vehicles).

v Maintenance of safe pedestrian movement across the site’s frontage/s (including people with disabilities).

vi Provide details for the collection and control of Building waste and refuse disposal.

vii Details on the presentation of hoarding to the street.

viii Provide details for tree management.

ix Demonstrate how the general public will be protected from construction activities.

x Provide details on how the building site will be kept clean and tidy to maintain public safety and amenity.

c Implement the Construction management plan during all construction works at no cost to Council.

Note:

Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

36 Dust management plan

a Prepare and submit for approval a Dust management plan generally in accordance with


585 ADOPTED REPORT



the Change to ground level and creation of new waterways code of the City Plan prior to any works commencing.

b The Dust management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of sources of dust and particulate emissions.

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

iii Identify the procedures to be adopted for monitoring and reporting air emissions.

iv Provide details of complaint response procedures that will be adopted.

v Identify the procedures to be adopted for revision and review of the dust management plan.

c Implement the Dust management plan during all construction works at no cost to Council.

37 Sand management plan

a Prepare and submit for approval a Sand management plan generally in accordance with the City Plan Policy – Coastal erosion hazard (ocean front land) overlay code prior to any works commencing.

b The Sand management plan must be prepared by a suitably qualified professional and include in particular.

i Outline actions to ensure excavated sand is cleaned, treated, placed, levelled and stabilised.

ii Ensure sand is cleaned using a 20mm sieve to remove all material other than clean sand.

iii Ensure sand is delivered and deposited to the nearest beach.

c If the sand to be excavated will exceed 1,500 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor must:

i Undertake the physical collection of any waste material deposited on the beach as a result of the sand deposition; and

ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.

d Implement the Sand management plan prior to any works commencing at no cost to Council.

38 Dewatering management plan

a Obtain a Management Plan approval for a Dewatering management plan generally in accordance with the Guidelines for Dewatering Management Plan dated May 2016, prior to any works commencing.

b The Dewatering management plan must be prepared by a suitably qualitied professional and include in particular:

i Purpose for dewatering (ie: an explanation why dewatering is required).

ii Dewatering technique (ie: wellpoint, deep well, open hole etc).


586 ADOPTED REPORT



iii Anticipated dewatering flow rate and total dewatering duration.

iv Controls (ie: settling tank, turbidity curtain etc) and method of effluent discharge.

v Measures and techniques to manage noise, vibration and odour issues.

vi Measures and techniques to manage geotechnical stability issues.

vii Contingency plan in case of emergency situation.

viii Engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2, where dewatering is conducted in a contaminated area.

ix Monitoring program to ensure effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines.

x Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge.

xi Strategy for monitoring and managing any impacts during the life and after closure of the project.

xii The point of discharge to the storm water system and to any waterway or water body.

xiii Hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged.

xiv Verification the quality of discharge water will comply with the receiving water duration and frequency of the discharge.

xv Seasonal variability of the receiving water quality.

xvi Assessment of the viability of treating or recycling wastewater.

xvii Location of all treatment pads.

c Implement the Dewatering management plan during construction works at no cost to Council.

Plumbing and Drainage Act 2002

39 Plumbing and drainage works

a Obtain a compliance permit for all plumbing and drainage work prior to commencement of the work.

Note:

A compliance permit for plumbing and drainage works cannot approve the discharge of trade waste to Council’s sewerage system. The generator of trade waste must complete an application for approval to discharge trade waste to Council’s Sewerage System (available on Council’s website).

Advice Notes

A Further development permits/compliance permits

Further development permits and/or compliance permits from Council are required to facilitate the development of the approved works identified in this decision notice. These include:

Landscape Assessment


587 ADOPTED REPORT



- Operational works - landscape works

Plumbing and Drainage

- Compliance permit for plumbing and drainage work

Water and Waste

- Operational works - infrastructure

- Application to work on the City’s Infrastructure

A copy of this decision notice and accompanying stamped drawings/plans must be submitted with any subsequent application identified above.

B Compliance with conditions

Once this development approval takes effect, the conditions attach to the land and are applicable in perpetuity. It is a development offence to contravene a development approval, including any of its conditions.

C Development infrastructure

Development infrastructure required to be provided in implementing this development approval is non-trunk development infrastructure unless otherwise stated in a condition of the approval.

D Connections and disconnections

Any connection/disconnection to the existing water and sewerage networks will be at the applicant’s cost. Prior to the connection/disconnection taking place, the applicant must obtain written approval from Water and Waste.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s websitehttp://www.cityofgoldcoast.com.au

E Separate service connection points

Should a volumetric subdivision be pursued, separate water supply services will need to be designed and constructed to each of the different uses (e.g. commercial/residential), or to each of the volumetric lots created, so as to ensure that all lots within the site have separate service connection points. Internal services will need to be managed through the Building Management Statement.

F Connections to, alteration or realignment of Council infrastructure

Where development works require the connection to, alteration, removal or realignment of Council infrastructure or impact on other public utility infrastructure (e.g. telecommunications, electricity and gas), the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

Connection to, alteration, removal or realignment of Council infrastructure includes (but is not limited to) fire hydrants, water service meters, sewer maintenance hole covers, stormwater drainage infrastructure, reinstatement of maintenance hole covers, stormwater drainage infrastructure, crossovers, footpaths, road pavement, kerb and channel, kerb ramps, medians, traffic islands, road furniture, signage and line-marking.


588 ADOPTED REPORT



G Water meter sizing

All water meters 100 mm in diameter or larger require an operation works approval.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s website: http://www.cityofgoldcoast.com.au

H Stormwater

A property notification will be applied to the lot/subsequent lots stating a stormwater management plan exists for the site and must be complied with at all times.

I Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘ACHA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The ACHA 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 ACHA.

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

J 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 liming this obligation, the applicant is responsible for:

a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commended 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 Environment Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

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

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

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceed $150,000. Acceptable proof of payment is a Q.Leave –Notification and


589 ADOPTED REPORT



Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

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

g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required

K Weeds, pest animals and ants

Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural prosperity, the environment, social amenity and human health.

All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.

L Gold Coast Airport approval of building and/or structure height

Any building or structure (including construction crane or other temporary equipment) in the City extending to a height of 110 metres or more above ground level must be notified to Gold Coast Airport Pty Ltd.

Property Notifications

A Stormwater

There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201701772). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

B Noise/Acoustic

There are development approval conditions applicable in relation to acoustic issues on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201701772). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

C Study/Media Rooms

There are development approval conditions prohibiting the conversion of study and/or media rooms into additional bedrooms. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

CARRIED

Cr Gates voted in the positive.


590 ADOPTED REPORT



ADOPTED AT COUNCIL 23 MARCH 2018 RESOLUTION G18.0323.025 moved Cr Owen-Jones seconded Cr Caldwell

That Committee Recommendation EPE18.0321.004 be adopted as printed in the Economy Planning and Environment Committee Meeting Report. A division was called. For 15 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell,

Cr Vorster, Cr Crichlow, Cr Baildon, Cr O’Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 0 Abstained 0 Absent 0

CARRIED UNANIMOUSLY


591 ADOPTED REPORT


'Ruby' development site

Subject site

'Focus Apartments'

'Sling Shot and Vomatron'

'The Quarterdeck' apartment building

'BreakFree Imperial Surf' high-rise

'BreakFree Beachpoint' tower

'Cypress Avenue' light rail station

Chevron Island

'QT Gold Coast'

'Chevron Renaissance'

Attachment 1


592 ADOPTED REPORT


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THOMAS DRIVE

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PINE AVE

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PANDANUS AVE

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Drawing No.

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SJB Architects

Level 2490 Crown StreetSurry Hills NSW2010 AustraliaT 61 2 9380 9911F 61 2 9380 9922www.sjb.com.au

Nominated Architects: Adam Haddow-7188 | John Pradel-7004

Chk.

Sheet SizeDate

In accepting and utilising this document the recipient agrees that SJB Architecture(NSW) Pty. Ltd. ACN 081 094 724 T/A SJB Architects, retain all common law, statutorylaw and other rights including copyright and intellectual property rights. The recipientagrees not to use this document for any purpose other than its intended use; towaive all claims against SJB Architects resulting from unauthorised changes;or to reuse the document on other projects without the prior written consentof SJB Architects. Under no circumstances shall transfer of this document bedeemed a sale. SJB Architects makes no warranties of fitness for any purpose.The Builder/Contractor shall verify job dimensions prior to any work commencing.Use figured dimensions only. Do not scale drawings.

Job No.

FOR APPROVAL

Client

Meriton GroupLevel 11, Meriton Tower, 528 Kent St, Sydney 2000T 61 2 9287 2888 | F 61 2 9287 2777

Key

1 : 1000

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34 12.02.2018 RESPONSE TO COUNCIL IR ML

FOR APPROVAL

Attachment 2 (page 1 of 82)


593 ADOPTED REPORT


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BUS STOP APPROX 5min WALK FROM SITE

3227 SURFERS PARADISE BLVD15 STOREYS

80 ESPLANADE40 STOREYS

3265 SURFERS PARADISE BLVD14 STOREYS

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POOL

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POOL

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RAMP

RAMP

RL 5.18

RL 5.12

RL 6.08

RL 6.16

RL 5.22

PORTE COCHERE DRIVEWAY EXIT

LOADING AND PODIUM PARKING ENTRY/EXIT

DAMPER

RL 257.65

FIRE STAIR

RL 255.55

FIRE STAIR

RL 255.55

ROOF GRAVEL

OUTDOOR POOL

RL 24.05

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Site Analysis

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SOUTHERLY WINDSCOMMON IN WINTER

SOUTH EASTERLY WINDSCOMMON IN SUMMER

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FOR INFORMATION

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FOR APPROVAL


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80 ESPLANADE



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m

35.3

m

11.8

m

21.7

m

42.7

m

3197SURFERS PARADISE

BLVD 6VIEW AVE

2VIEW AVE

44-52ESPLANADE

23FERNEY AVE

40FERNY AVE

ES

PLA

NA

DE

SU

RF

ER

S P

AR

AD

ISE

BLV

D

MA

IN B

EA

CH

NE

RA

NG

RIV

ER

GO

LD

CO

AS

T H

WY

OA

K A

VE

CYPRESS AVE

VIEW AVENUE

CYPRESS AVE

PALM AVE

STAGHORN AVE

THOMAS DRIVE

PALM AVE

PINE AVE

RIV

ER

DR

IVE

NORFOLK AVE

ELKHORN AVE

RIV

ER

VIE

W P

AR

AD

E

2RIVERVIEW PARADE

20RIVERVIEW PARADE

32-38RIVERVIEW PARADE

44CYPRESS AVE

18CYPRESS AVE

21CYPRESS AVE

3RIVER DRIVE

114ESPLANADE

7STAGHORN AVE

5-19PALM AVE

31.8 m

12.9 m

53.4 m

21.4 m

52.5

m

10

.5 m

6.7 m

11.3

m

9.0

m

37.7 m

19.5

m

34.7

m

29.3 m

50.2 m

48.8

m

29.6

m

31.1

m

40.4

m

34.6

m

Boundary Line

Buildings under 20 storeys

Buildings over 20 storeys

Tram Line

ESPLANADESURFERS

PARADISE BLV

SERVICES

LOBBY

RESTAURANT

MSA

POOL

RESIDENTIAL

FACILITIES

@ A1

Drawing No.

Drawing Name

Scale

Drawn

Project

Revision

SJB Architects



Chk.

Sheet SizeDate


Job No.

FOR INFORMATION

Client


Key

As indicated

/ 34

12.02.2018

84 THE ESPLANADE

SURFERS PARADISE

OVERALL

5579 DA-11004

ML NH

Tower Setback Analysis




30 27.11.2017 DA ISSUE ML




FOR APPROVAL


595 ADOPTED REPORT


DA-150021

DA-15001

1

DA-15003

1

DA-15004 1

1

DA-16001

1

DA-16001

1

DA-16002

1

DA-16002

SMH

SMHIL 2.51

IL 2.87

FIRST BASEMENT -RL 3.30 SECOND BASEMENT - RL 0.64

FIRST BASEMENT -RL 3.00SECOND BASEMENT - RL 0.00

OU

TL

INE

OF

LO

WE

R B

AS

EM

EN

T


15 STOREYS


14 STOREYS


2 STOREYS

80 ESPLANADE

LEVELS G-28TOTAL 40 STOREYS

80 MSA SPACES

RAMP @ 1:8

RAMP @ 1:4

PARKING LEVEL 3

20KL STORMWATER PUMP

5KL SEWER PUMP

RL -4.23

DA-15005

1

DA-15006 1

RAMP @ 1:8

300

5500

300

BSA

CLASS 3(28 BIKES)

CLASS 3(7 BIKES)

TOWER OUTLINE OVER

RESIDENTIAL UNITS 2400 x 5400

SERVICED APARTMENTS 2400 x 5400 2400 x 6300

VISITOR PARKING 2500 x 5400 2500 x 6300

SERVICES / BACK OF HOUSE

LEGEND

5800

5800

1000

5800

1000

1000

6700

1000

CLASS 2(74 BIKES)

CLASS 2(48 BIKES)

1000

1000

6100

6100

6100

RL -4.23

STP

STPLR

L10 L9 L8LIFT PIT

LIFT PIT

3000 LOBBY

RL -4.23

2000 10000 2000

F.S.01

F.S.03

F.S.01

7225

6683

5585

B371B370B369B368B367

B301

B302 B303

B304

B305

B306 B307

B308

B309

B310

B311

B312

B313

B314

B301

B302

B304

B303

B306

B305

B307

B308

B309

B310

B311

B312

B313

B314

B315

B316

B317

B318

B319

B320

B321B322

B323

B324B325B326B327B328B329

B330

B331

B334

B332B332

B333

B334

B335B336B337B338B339B340B341

B342 B343 B344 B345 B346 B347 B348 B349 B350 B351 B352 B353

B354B355B356B357B358B359B360B361B362B363B364B365B366

B367 B368 B372 B373 B374 B375 B376 B377 B378 B379 B380

SP

SP

6100

CLASS 2(22 BIKES)

3200

6800

BEX

-

-

-

-

--

-

-

- -

-

---

-

---

LIFT PITLIFT PIT

ESPLANADESURFERS

PARADISE BLV

SERVICES

LOBBY

RESTAURANT

MSA

POOL

RESIDENTIAL

FACILITIES

@ A1

Drawing No.

Drawing Name

Scale

Drawn

Project

Revision

SJB Architects



Chk.

Sheet SizeDate


Job No.

FOR APPROVAL

Client


Key

1 : 200

/ 34

12.02.2018

84 THE ESPLANADE

SURFERS PARADISE

FLOOR PLAN

5579 DA-12002-P3

NB NH

Parking 3

KEY LEGEND

Key Description

BEX

LR LOBBY RELIEF

STP STAIR PRESSURISATION



30 27.11.2017 DA ISSUE ML





596 ADOPTED REPORT


ITEM 4 CITY DEVELOPMENT REPORT ON … · the esplanade and 3271-3275 surfers paradise boulevarde,...

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