CITY DEVELOPMENT BRANCH MATERIAL CHANGE … 8 (continued) material change of use (code assessment) for a 32 storey mixed use development - 122 ferny avenue surfers, paradise – division

ITEM 8 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - LOT 99 ON SP257718 - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5

Refer 33 page attachment

1 OVERVIEW Site address 122 Ferny Avenue, Surfers Paradise Application description

Material change of use for a 32 storey Mixed Use Development including Apartment, Shops, Restaurant and Take Away Food Premises.

Level of assessment The application is subject to Code Assessment.

Decision due date 8 May 2016

Proposal

The proposal is for a 32 storey development comprising Apartments, Shops, Restaurant and Take Away Food Premises. The proposal represents Stage 4, the final stage, of an overall development the subject of an already approved preliminary approval over the site. The Preliminary Approval includes the Paradise Resort Development Code that applies to the site instead of the Surfers Paradise Local Area Plan (LAP).

The building comprises a 30 level tower above a three (3) level basement car park.

The building contains 30 levels but is defined as 32 storeys due to increased floor to ceiling heights at the ground and upper most floors.

The ground level includes 410m of retail, food and beverage floor space that is located internal to the site adjacent to the central open space area, plaza and private street.

The single residential tower contains 406 apartments and 767 bedrooms that result in a residential density for this stage of 1 bedroom per 7.69m of net site area, but an overall accommodation density of 1 bedroom per 8.41m across the entire site.

The plot ratio of the development is 7.01:1.

Communal open space and recreational facilities are provided around the building at ground level and on a landscape terrace at level 26. Approximately 3818m of communal open space is provided across the two locations.

A total of 515 car parking spaces, of which 458 are for residents and 57 spaces are provided in a pooled arrangement for residential visitors and retail and commercial customers.

716th Council Meeting 24 May 2016 City Planning Committee Meeting 20 May 2016

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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5

Key Considerations

Issue Comment Building Height 32 storeys

The Paradise Resort Development Code permits 32 storeys for stage 4. Proposal consistent with development code.

Accommodation density The proposal results in an accommodation density of 1 bedroom per 8.41m across the entire site.

The Paradise Resort Development Code permits a code assessable residential density of 1 bedroom per 8m of net site area across the entire site. The proposed accommodation density results in a density across the site that is consistent with the development code.

Plot ratio the proposal has a plot ratio in relation to the stage area of 7.01:1.

The Paradise Resort Development Code permits a basic plot ratio of 7.5:1. The proposed plot ratio is within the allowable basic plot ratio.

Public Notification

Not Applicable, the application is Code Assessable and Public Notification was not required.

Referral agencies Department of Infrastructure, Local Government and Planning (SARA DTMR) Officer's recommendation Approval

REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT 7.1 City Plan 7.2 Assessment against conditions of Preliminary Approval 7.3 Assessment against relevant codes

8 STATE PLANNING REGULATORY PROVISIONS 9 SOUTH EAST QUEENSLAND REGIONAL PLAN 10 INTERNAL REFERRALS

10.1 Health and Regulatory Services 10.2 Transport Assessment 10.3 Subdivision Engineering 10.4 Open Space Assessment


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10.5 Architect 10.6 Gold Coast Water 10.7 Plumbing and Drainage 10.8 Environmental Assessment 10.9 Hydraulics and Water Quality 10.10 Arborist 10.11 Landscape Assessment 10.12 Geotechnical Engineering

12 EXTERNAL REFERRALS 12.1 Concurrence agencies

13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION 2 EXECUTIVE SUMMARY Council has received an application for a material change of use for a 32 storey development comprising the land uses of Apartments, Shops, Restaurant and Take Away Food Premises.

The subject site already has the benefit of a preliminary approval pursuant to section 242 of the Sustainable Planning Act 2009 that varies the effect of the Planning Scheme. Development on the site is assessed against the Paradise Resort Development Code, rather than the Surfers Paradise Local Area Plan.

The proposed development is consistent with the intent of the preliminary approval and associated development code. The proposed land uses are code assessable under the development code. Building height and residential density are consistent with the code assessable triggers, meaning the development is not triggered to impact assessment.

The applicant is proposing alternatives to the acceptable solutions relating to building setbacks, access, bicycle parking and communal open space. Officers are satisfied that the alternative solutions satisfactorily achieve the purpose of the relevant performance criteria.

The consideration given the proposed alternatives is discussed within the report. Where required, conditions have been included in the officers recommendation to ensure that the aspects of the development attributed to the favourable consideration of the alternative solutions are implemented and maintained.

The application triggered referral to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency. The Department advised Council that it has no requirements relating to the application.

It is recommended that the development application seeking a development permit for a material change of use for Apartments, Shops, Restaurant and Take Away Food Premises should be approved subject to the imposition of suitable conditions.


812 Adopted Report

ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 3 APPLICATION INFORMATION Real property description Lot 99 on SP257718 Applicant Ralan Paradise No 4 Pty Ltd Owner at time of lodgement Bria Pty Ltd Current owner Bria Pty Ltd Site area 24,869m (total site area)

5905m (Stage 4 site area) Date application received 2 November 2015 Date entered decision 8 February 2016 LAP & precinct Surfers Paradise Local Area Plan

Precinct 2 High Rise Accommodation City Plan 2015 High Density Residential State planning policies State Planning Policy July 2014 Decision type Development Permit 4 BACKGROUND The following is a summary of approvals relating to the overall development site:

On 9 February 2012 Council granted approval for the issue of a preliminary approval for making a material change of use pursuant to Section 242 of SPA to override the planning scheme and allow development in accordance with the Paradise Resort Development Code. Combined with this approval, Council issued a development permit for a material change of use for a 30 Storey High Rise Apartment Building (222 Apartments), 13 Attached and Detached Dwellings and a Display Home and Sales Centre. The development permit granted approval to Stage 1 and Stage 1A of the development covered by the preliminary approval.

On 16 May 2012, Council issued a negotiated decision notice in relation to the preliminary approval for the Paradise Resort Development Code and development permit for Stage 1.

On 16 June 2015, the Manager City Development under Delegated Authority, granted approval for a development permit for Stage 2 of the development covered by the preliminary approval and the Paradise Resort Development Code. Stage 2 comprises a 60 storey mixed use development incorporating Apartments, Restaurants, Shops and Take-away Food Premises.

On 9 December 2015, the Manager City Development under Delegated Authority approved a request to change an existing development approval. The request related to conditions attached to the preliminary approval and the Stage 1 development permit. The conditions were modified to allow an alternative connection point to Councils water supply network.

Council at its meeting held on 16 February 2016 granted approval for the issue of a development permit for making a material change of use for a 47 storey mixed use development incorporating Apartment, Shopping Centre Development, Office and Indoor Recreation Facilities. The approved development represents stage 3 of the development approved by the preliminary approval and Paradise Resort Development Code.


813 Adopted Report

ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 5 PROPOSAL The proposal is a 32 storey development comprising Apartments, Shops, Restaurant and Take Away Food Premises. Figure 1 gives an artist impression of the building.

Figure 1: Artist impression of building looking at the corner of Birt Avenue and Oak Avenue (courtesy DBI Architecture).

The proposal represents the fourth and final stage of the development allowable under the preliminary approval that applies to site.

Figure 2 below shows Stage 4 in context with the approved stages and the ultimate development of the site.


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Figure 2: Concept plan showing Stage 4 in context with approved Stages 1, 2 and 3(courtesy DBI Landscape Architecture)

The built form incorporates three (3) levels of basement car parking and a 30 level tower immediately above. Due to increased floor to ceiling heights at the ground level of the tower, the building is defined as 32 storeys (Figure 3).


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Figure 3: Cross section through the development looking east (courtesy DBI Architecture).

The three (3) level basement contains a total of 515 car parking spaces, of which 458 are for residents and 57 are provided in a pooled arrangement for residential visitors and retail and commercial customers. The visitor spaces are provided within an unsecured section of the basement at level 1 which is connected to the basement of Stage 3.

The ground level includes 410m of retail and food and beverage floor space that faces onto the central open space, plaza and private street. The entry lobby that contains the reception area and lifts is located adjacent to the Birt Avenue frontage. The main entrance is incorporated with a porte cochere that is accessed via the shared driveway with Stage 3.

Outdoor communal open space is provided between the building and the property boundaries and contains recreational and lap pools adjacent to Birt Avenue and outdoor lounge, dining and barbeque areas fronting Oak Avenue. Additional resident facilities in the form of lounge and ancillary dining areas are located within the building adjacent to the communal open space fronting Oak Avenue.

The tower footprint comprises two distinct wings which roughly form an inverted L shape. The footprint has a marginally longer frontage to Oak Avenue than to Birt Avenue. A single lift core is located at the intersection of the two wings. The tower footprint is illustrated in figure 4 below.


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Figure 4: Typical floor level (courtesy DBI Architecture).

The tower footprint remains generally the same up to level 25. At level 26, the wing of the tower fronting Oak Avenue ceases and becomes rooftop recreational area containing lap pool, barbeque and dining area and gym. The portion of the tower facing Birt Avenue continues up to level 30.

The building is setback 12.50 metres from Birt Avenue and 13.40 metres from Oak Avenue.

Vehicle access to the development is via a shared driveway with Stage 3 located approximately midway along the Birt Avenue frontage. The driveway connects to an internal private road that connects through the site to Norfolk Avenue. The internal private road enables an at grade thoroughfare through the site and contains a number of at grade car parking spaces. The basement access ramp is connected to the internal road approximately 35 metres into the site.

The main development parameters of the proposal are summarised as follows:


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Building height 32 storeys

Plot ratio and gross floor area 7.01:1 (based on Stage 4 site area of 5905m)

41,368m

Site coverage 62% - at ground level

29% - tower

Dwelling number and configuration 406 dwellings

77 x 1 bedroom units



1 x 4 bedroom unit

Bedroom numbers and residential density 767 bedrooms

1 bedroom per 7.69m of gross area of Stage 4 site.

Non-residential gross floor area 410m

Car parking 458 resident spaces

57 pooled resident visitor and retail / commercial spaces

Communal open space 3818m

The applicant has indicated that the development will achieve a 4 star green star rating under the Green Building Council of Australia star rating system or equivalent under an alternative rating system.

The proposal includes public artwork within the site adjacent to the Oak Avenue and Birt Avenue frontages.

The applicant is proposing alternative solutions to those offered in the Paradise Resort Development Code relating to building setbacks, access and bicycle parking. Alternative solutions are proposed to planning scheme development code provisions relating to communal open space

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at 122 Ferny Avenue, Surfers Paradise and is described as Lot 99 on SP257718. Lot 99 has an area of 24,860m2 and occupies an entire City block bound by Ferny Avenue to the east, Birt Avenue to the north, Oak Avenue to the west and Norfolk Avenue to the south. Stage 4 of the development is located in the north west corner of the lot and has an area of 5905m.


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Figure 5 Subject site and stage boundaries (courtesy DBI Architecture).

Prior to 1975, the site comprised of two city blocks, with Blondell Avenue west of the site, extending through to Ferny Avenue. A stormwater easement traversing the central portion of the site reflects the historic alignment of Blondell Avenue.

Existing improvements on the site include a three storey resort commonly known as Paradise Resort.

The portion of the existing resort hotel located within the south west corner of the site was demolished to allow for the construction of Stage. Early works associated with the construction of Stage 1 have commenced.

A Display Home / Office constructed in accordance with the Stage 1A approval, occupies the south-east portion of the site.

A detailed survey of the site confirms that the site is generally level, having been modified to accommodate the existing development. Gradients range from:


819 Adopted Report

ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 RL2.03m to RL2.87m (AHD) along the frontage to Ferny Avenue; and

RL1.68 to RL1.98 (AHD) along the frontage to Norfolk Avenue. Vegetation consists primarily of mature exotic garden species associated with the exiting resort development.

Parts of Lot 99 are below Councils designated flood level of 2.45m AHD, however this is mostly the case for southern western portion of the site adjacent to Norfolk Avenue.

Figure 6: Subject site corner of Birt Avenue and Oak Avenue looking south along Oak Avenue.

6.2 Characteristics of surrounding environment The site is located within Precinct No. 2 High Rise Accommodation of the Surfers Paradise Local Area Plan. Precinct No. 2 is characterised by an intensive built form accommodating residential and tourist accommodation, with a limited and complementary range of entertainment, commercial and retail facilities.


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Figure 7 Subject site in context with surrounds (courtesy DBI Architecture).

North

Immediately north of the site is Birt Avenue, which is a local access road connecting Budds Beach to Ferny Avenue. Birt Avenue provides access to the loading / unloading areas of the 10 storey Australis Sovereign Hotel and the basement access for the 26 storey Marriot Hotel. A mix of 2 to 4 storey apartments and detached dwellings are interspersed between the Marriot Hotel and Australis Sovereign Hotel.

East

Directly east of the site is Ferny Avenue, a major north/south access route in the City.

On the eastern side of Ferny Avenue is QT Resort Hotel at 24 storeys.

To the north of the QT Resort Hotel is a private road (Pandanus Avenue) and then a generally vacant site. This site (commonly referred to as GCI North) has a current approval for 58 and 42 storey mixed use development.

To the south of QT Resort Hotel is Crown Towers. This 41 storey apartment building is a combination of owner occupier apartments with a resort hotel uses. Further east is Focus on the Beach, which is a 34 storey apartment building identifiable by its cylindrical shape.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 The ocean beach and foreshore parks are approximately 250m east of the site.

South

Directly south of the site is Norfolk Avenue, that provides direct access to Budds Beach.

The site immediately to the south of Norfolk Avenue is partially vacant but has a current approval for 2 x high rise residential towers of 30 storeys and 53 storeys. A small grouping of retail, commercial and food & beverage tenancies plus a Council community centre are approved as part of this development.

Cavill Avenue is located approximately 750 metres south east of the site.

West

Directly west of the site is Oak Avenue, a narrow north/south local access road.

The Surfers Paradise Local Area Plan identifies the area west of the site as Precinct No. 3 Budds Beach, which is a low density residential neighbourhood.

The current built form is a mixture of low rise residential development mainly comprising of 1, 2 & 3 storey detached houses and duplex dwellings of varying ages and architectural styles.

Oak Park is located directly west of Oak Avenue and contains minimal recreational facilities and a Council sewerage pump station.

Further west is the Riverside Park of Budds Beach and the Nerang River, which are approximately 185m west of the site. The Budds Beach Riverside Park is improved by a range of recreational facilities such as BBQs, amenity blocks and a childrens playground.

Commercial facilities within the Budds Beach precinct are limited to a small caf on the corner of River Drive and Pine Avenue approximately 300m south west of the site.

7 PLANNING ASSESSMENT Section 313 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing a code assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions The following State Planning Regulatory Provisions are applicable to the proposed development:

South East Queensland Regional Plan (SEQRP) Regulatory Provisions; and

State Planning Regulatory Provisions (Adopted Charges).

the regional plan for a designated region The site is included in the Urban Footprint in the SEQ Regional Plan.

any applicable codes that are identified as a code for IDAS

All applicable codes have been considered. Refer to Section 7 of this report.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

State Planning Policy July 2014.

any applicable codes in the following instruments:

a structure plan Not applicable

a master plan Not applicable

a temporary local planning instrument Not applicable

an earlier preliminary approval to which section 242 applies

The development has been assessed against the earlier Preliminary Approval and Council approved the Paradise Resort Development Code. Refer to Section 7 of this report.

a planning scheme The proposed development has been assessed against the City of Gold Coast Planning Scheme Version 1.2 of 2003 (Amended November 2011). Refer to section 7 of this report.

the infrastructure charge resolution or the priority infrastructure plan

Refer to section 13 of this report.

In addition, the assessment manager must assess the part of the application having regard to:

the common material The common material has been considered in the assessment of the proposed development. Refer to Section 7 of this report.

any development approval for, and any lawful use of, premises the subject of the application or adjacent premises

The existing development approvals on the site have been taken into consideration. Refer to section 4 of this report.

any referral agencys response for the application The referral agency has no requirements. Refer to section 12 of this report.

the purposes of any instrument containing an applicable code

The purpose of all relevant instruments has been taken into consideration. Refer to Section 7 of this report.

7.1 City Plan This application was lodged under the 2003 Planning Scheme and has been carefully reviewed having regard to Section 317 of the Sustainable Planning Act 2009.

It is considered the outcome of the proposal is not materially different than what may be achieved under City Plan, and therefore will be assessed under the 2003 Planning Scheme and the existing Preliminary Approval.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 This approach mirrors the Superseded Planning Scheme request resolution resolved at the Council meeting of 16 June 2015, in particular the decision making criteria.

The subject site is located within the High Density Residential Zone under the City Plan. Further, it is located within the Light Rail Urban Renewal Area Overlay and has a building height designation of HX, having no building height limit and a residential density of RD8 Up to 769 bedrooms per net hectare (1 bed/13m).

Under the City Plan, the proposed land use definitions and their level of assessment within the High Density Residential Zone are as follows:

Definition Level of Assessment

Multiple dwelling Code

Shop Impact

Food and Drink outlet Code

The purpose of the High Density Residential Zone is to provide for higher density multiple dwellings supported by community uses and small-scale services and facilities. The purpose of the code is to be achieved through a number of overall outcomes. One overall outcome states that land uses include a range of high density residential uses. The proposed high rise residential tower is consistent with and anticipated by the purpose of the zone.

The purpose further states that other land uses such as large food and drink outlets, shops and indoor sport and recreation may be considered if appropriately designed and located, and do not detract from the residential amenity of the area.

The subject site is located on Ferny Avenue, a heavily trafficked transport corridor. Residential amenity, particularly at the ground level is reduced as a result. The proposal has been designed so that all non-residential land uses are located at ground level internal to the site.

The site is located within Surfers Paradise, recognised in the Strategic Framework as a Specialist Centre and the citys premier tourist destination. Surfers Paradise is intended to accommodate tourist, retail, entertainment and recreation facilities as well as long and short-term accommodation. The Strategic Framework acknowledges that Surfers Paradise supports higher order services and retail not normally associated with specialist centres.

Given the overall outcomes stated for the High Density Residential Zone and the specific outcomes identified for Surfers Paradise in the Strategic Framework, it is considered that the proposed development would be generally consistent with and supported by the City Plan.

7.2 Assessment against conditions of Preliminary Approval Pursuant to s242 of the Sustainable Planning Act 2009, the site has the benefit of a Preliminary Approval overriding the Planning Scheme. The preliminary approval was granted by Council on 16 May 2012 and subsequently modified on 9 December 2015.

Pursuant to section 243(b)(i) of the SPA, Council may issue a development permit which authorises assessable development to take place, subject to any preliminary approval relating to the development the permit authorises, including any conditions of the preliminary approval.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Therefore, part of Councils assessment is to include a review of the application and proposal against the conditions of the preliminary approval. The conditions of the preliminary approval broadly relate to:

Submission of certain common material with each subsequent application seeking a development permit for material change of use, eg submission of wind environment report, detailed plans and elevations, waste management plans;

Consideration and inclusion of certain specific aspects within future development, eg road widening, intersection upgrades, relocation or upgrades to existing Council infrastructure; and

Operational aspects of future development, eg continuing amenity protection. From this review, it is the officers opinion that the application material and proposal satisfy those conditions relating to the submission of common material and consideration and inclusion of certain aspects within the development. Conditions relating to the operational phase of the development have been reiterated in the officer recommendation relating to the development permit to ensure consistency with the preliminary approval.

7.3 Assessment against relevant codes

Place code Constraint code Specific development code Paradise Resort Development Code

Gold Coast Airport and Aviation Facilities Car Parking, Access and Tourist Accommodation Flood Affected Areas Ocean Front land Sediment and Erosion Control

High Rise Residential and Tourist Accommodation Landscape Work Retail and Related Establishments Works for Infrastructure

Relationship to the Paradise Resort Development Code The preliminary approval gives approval to the Paradise Resort Development Code which varies the effect of the planning scheme by replacing the Surfers Paradise Local Area Plan Place Code and other planning scheme codes either in part or whole that are relevant to the site and the proposal.

The current version of the Paradise Resort Development Code is version 1.2 dated 9 December 2015.

The development code includes the land uses approved through the preliminary approval. The code replicates the definitions contained in the City of Gold Coast planning scheme 2003. The proposed land uses are defined as follows:

Apartment

A dwelling that has another dwelling immediately above or below it. It also includes dwellings contained in mixed use buildings located immediately above, below or abutting non-residential uses. This term does not include an attached dwelling.

Restaurant


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Any premises used, or intended to be used, for the serving of meals to the public for gain, where entertainment, including dancing, may be provided and alcohol may be served, subject to an on-premises meals licence being issued under the Liquor Act 1992. This term includes the provision of an ancillary take-away food service. It does not include a Fast Food Premises, Take-Away Food Premises, Tavern, Adult Entertainment Premises, Nightclub or Reception Rooms.

Shop

Any premises used, or intended to be used, for the sale or hire of goods to members of the public. This term includes the display of goods for sale and the rendering of personal services by retail. It does not include a Tavern, Manufacturer's Shop, Cafe, Restaurant, Retail Plant Nursery, Service Industry Premises, Service Station, Shopping Centre Development, Showroom, Convenience Shop, Take-Away Food Premises, Fast Food Premises, Tourist Shop, Vehicle Hire, Vehicle Sales, Warehouse or Commercial Services.

Take Away Food Premises

Any premises used, or intended to be used, for the sale to the public of prepared food which is ready for immediate consumption and which is packaged so that it can be taken and consumed away from the premises. This term includes the provision of ancillary facilities for the consumption of food on the premises. It does not include a cafe, restaurant or fast food premises.

In accordance with the Table of Development Part A: Material Change of Use, of the Paradise Resort Development code, all of the proposed land uses are code assessable.

Part B:Material Change of Use Overlay Provisions, of the Table of Development identifies the circumstances under which a higher level of assessment is triggered despite the level of assessment identified in Part A. Of relevance, where the a proposal exceeds the maximum number of storeys identified on the Paradise Resort Development Code, Map 6.13 Proposed Building Heights Plan, or a residential density of 1 bedroom for every 8m of gross site area, a use which is otherwise identified as code assessable will require impact assessment.

Map 6.13 Proposed Building Height Plan identifies a maximum height of 32 storeys for Stage 4. The proposal is 32 storeys and is therefore consistent with the code assessable height.

Stage 4 has a residential density of 1 bedroom per 7.69m, however results in a residential density of 1 bedroom per 8.41m of gross site area over the entire site inclusive of the approved developments for Stages 1, 2 and 3. The Paradise Resort Development Code nominates an average residential density of 1 bedroom per 8.0m over the entire site, and therefore the application remains code assessable.

The proposal incorporates code assessable land uses, is consistent with the height established for stage 4 and maintains the maximum residential density approved for the entire site. As such the proposal satisfies the intent of the Paradise Resort Development Code.

Compliance with the Paradise Resort Development Code The proposal complies with the performance criteria and acceptable solutions of the Paradise Resort Development Code, except as follows:


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Performance criteria Acceptable solution Building Setback PC11

The setback of development will be in accordance with the function of the precinct. All buildings may provide for setbacks from the street frontage and the side and rear boundaries of the site which are appropriate to the efficient use of the site and the streetscape character of the precinct. The setback of all buildings must ensure that the resulting built form is not bulky and visually intrusive.

AS11.2

All buildings fronting Oak Avenue are setback, generally in accordance, with Paradise Resort Development Code Drawing No. 6.6 Transition Edge.

AS11.3

All buildings fronting Birt and Norfolk Avenue are setback, generally in accordance, with Paradise Resort Development Code Drawing No. 6.7 Highrise Edge Birt and Norfolk Avenue.

Performance Criteria 11 Building Setback

Acceptable Solutions 11.2 and 11.3 are relevant to the development as it has frontages to Birt Avenue and Oak Avenue. The applicant is offering alternative solutions to AS11.2 and AS11.3.

AS11.2

The setbacks of buildings fronting Oak Avenue (western boundary) are to be generally in accordance with those shown on Paradise Development Code Drawing No.6.6 Transition Edge. The purpose of the edge treatment identified on this drawing is to act as a transition zone between the high rise development within the site and the low rise development opposite.

Drawing No.6.6 shows the following setbacks:

Minimum 3.0 metres for development up to 2 storeys;

Minimum 6.0 metres for development up to 4 storeys; and

Minimum 10.0 metres for development above 4 storeys. The proposed tower is setback a minimum of 13.40 metres from the Oak Street frontage and is therefore consistent with the development code.

Drawing No. 6.6 identifies minimum setbacks, but also identifies a desirable built form edge to the street. The drawing encourages low rise residential development up to two storeys adjacent to the street to continue the residential character and scale of the area.

The proposed development does not incorporate a low rise residential edge to the street, but includes a range of indoor and outdoor resident facilities. In this way, an active residential interface is still maintained to the street. The outdoor dining and open space area adjacent to the street is covered with a two storey high pergola shade structure setback at 6.0 metres. This pergola structure introduces a lower rise built element that reflects the scale of the development opposite and softens the transition from the high rise built form.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Although the proposal does not provide low rise residential dwellings between the tower and the street frontage, the alternative solution is considered to provide an appropriate interface and building scale that compliments the residential character and scale of the area. Stage 1, which also has frontage to Oak Street, incorporates a series of low rise apartments adjacent to the street. The proposal, in combination with Stage 1, is considered to achieve a desirable mix and balance of built form along the entire Oak Street frontage.

AS11.3

The setbacks of buildings fronting Birt Avenue (northern boundary) are to be generally in accordance with those shown on Paradise Resort Development Code Drawing No.6.7 Highrise Edge Birt and Norfolk Avenue.

The purpose of this edge treatment is to address and activate the public realm. Drawing No. 6.7 shows the following minimum setbacks:

Minimum setback of 3.0 metres for residential development up to 2 storeys;

Minimum setback of 4.0 metres for residential development up to 5 storeys; and

Minimum setback of 6.0 metres for residential development above 5 storeys. The proposed tower is setback a minimum of 12.50 metres from the Birt Avenue frontage and is therefore consistent with the setbacks contained in the development code.

Drawing No. 6.7 identifies minimum setbacks, but also identifies a possible built form edge to the street. The drawing encourages reduced tower setbacks at the lower levels to provide an improved interface with the street.

The tower setback of 12.5 metres, although complying with the minimum setbacks of Drawing No. 6.7, does not result in a built form edge to the street as a means of improving activation of the street. As an alternative, the proposal includes the building lobby at the ground level and open space incorporating pools and poolside sun deck and sitting areas between the building and the street.

This alternative to a more intense built form edge is considered to achieve a suitable level of engagement with and activation of the street and therefore remains consistent with the intent of the development code.


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Performance criteria Acceptable solution Access PC28

The development will exhibit a high standard of accessibility for vehicles, pedestrians and cyclists.

AS28.1

New development contributes to:

a developing off-street car parking facilities;

b encouraging the development of a pedestrian walkway system based on pedestrian linkages to retail and commercial land uses and accessible open space areas.

c improving vehicular traffic flows and reducing conflicts between local and through traffic;

d reducing pedestrian/vehicular conflict;

e facilitating the creation of pedestrian plazas;

f promoting interaction and pedestrian permeability with the surrounding area through the provision of pedestrian linkages both through the site from Birt Avenue and Norfolk Avenue and access across the sites periphery to both Oak Avenue and Ferny Avenue.

Performance Criteria 28 Access

Performance criteria (PC) 28 seeks to ensure a development exhibits a high standard of access for vehicles, pedestrians and cyclists. Acceptable solution (AS) 28.1 details a number of strategies to ensure appropriate access is achieved.

Councils planning officers consider that the proposal generally achieves each of the points listed in AS28.1. However, in respect of AS28.1 (d), it is acknowledged that the scale of the proposal results in the furthest car parking being located approximately 80 metres from the lifts. This requires residents to negotiate the car park in order to access the lifts.

Officers have reviewed the proposal and are satisfied that it achieves the purpose of PC28 for the following reasons:

The nature of the building design is such that it is not practical to include additional lifts within the southern end to the basement to reduce the length of travel to ground level.

Given the size of the site and the location of the buildings generally at the corners, longer distances are experienced between car parking spaces more central to the site and the lifts. This scenario was accepted for stages 2 and 3 of the development.

The car park is limited to resident parking and therefore vehicle access is anticipated to be low speed and low turnover.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 It is accepted that residents will become familiar with the access between the car parks

and lifts. Based on planning officers assessment, the proposed basement layout and pedestrian access is considered to be generally acceptable. As such the proposal achieves an acceptable level of accessibility consistent with the purpose of PC28.

Performance criteria Acceptable solution Bicycle Parking PC31

Bicycle parking and storage facilities are to be provided within all developments that either accommodate multiple number of residents or tourists, or provide for employment opportunities.

AS31.2

Off-street bicycle parking is provided for apartment and resort hotel buildings at the following rates:-

a) one (1) space per unit for long/medium term parking (Type/Class 2); and

b) one (1) space per three (3) units for short term parking (Type/Class 3)

AS31.4

Off-street bicycle parking is provided for non-residential forms of development at the rate of:

a) one (1) space per 100sqm GFA for all commercial land uses for long/medium term parking (Type/Class 2); and

b) one (1) space per 50sqm GFA for all commercial land uses for short term parking (Type/Class 3).

Performance Criteria 31 Bicycle Parking

Acceptable solutions 31.2 and 31.4 relate to the calculation of bicycle parking relevant to the proposal.

In accordance with the rates nominated in the acceptable solutions, the proposal requires a minimum of 406 resident spaces, 136 resident visitor spaces, 11 staff spaces and 23 commercial visitor spaces. The proposal does not include this number of spaces. Council through an information request asked the applicant to provide the number of bicycle spaces required by the acceptable solutions.

The submitted plans show 282 resident spaces, 4 staff spaces and 68 visitor spaces. In justifying these numbers, the applicant has stated that the development proposes a high standard of end of trip facilities at a rate consistent with recent approvals, and of sufficient numbers to meet the expected needs of the development.

A review of recent approvals over the site identified that Council has accepted and approved similar alternative rates for stages 2 and 3 of the development as providing an adequate amount of bicycle parking and storage facilities. As such it is considered reasonable that similar rates are applied to the proposed fourth and final stage of the development.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Therefore, the alternative solution proposed by the applicant is considered generally acceptable in achieving the purpose of the performance criteria.

Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development codes where not superseded by the approved Paradise Resort Development Code:

High Rise Residential and Tourist Accommodation Landscape Work Retail and Related Establishments Works for Infrastructure

The proposal complies with all of the specific development codes acceptable solutions and performance criteria, except as follows:

High Rise Residential and Tourist Accommodation Performance criteria Acceptable solution

Communal Open Space PC22

The development must provide sufficient communal open space on the site, which:

a) provides adequate and useable recreational areas required to service the needs of residents or guests of the development;

b) aesthetically complements the buildings and enhances the attractiveness of the development.

AS22.1

The development provides open space for recreation and landscaping purposes at the following rates:

11m for each habitable room within each guest suite of a residential hotel or resort hotel;

11m for every 10m, or part thereof, of the area provided for sleeping within hostel accommodation;

22m for each one bedroom dwelling or bed sitting unit;

35m for each two bedroom dwelling;

45m for each dwelling of three or more bedrooms.

AS22.4

The required open space:

a) is kept clear of all non-recreational structures, driveways, car parking, clothes hoists and other obstacles;

b) is available for the use of all occupants of the development;

c) comprises deep planting of at least 10% of the site area.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Performance Criteria 22 Communal Open Space

Performance criteria (PC) 22 deals with the provision of adequate and useable recreational areas for residents and the provision of open space to aesthetically complement the building. The quantity required and the manner that the open space is to be provided are addressed by a number of acceptable solutions. The applicant is offering alternative solutions to AS22.1 and AS22.4.

AS22.1 In accordance with the rates stated in AS22.1, the proposal is required to provide 13,387m of communal open space. The proposal includes 3,148m of communal open space and recreational facilities at ground level and a further 670m at level 26. A total of 3818m of open space is provided for Stage 4.

The applicant has undertaken a Recreational Capacity Analysis to demonstrate that the alternative solution provides adequate recreational areas to service the needs of residents and guests. The analysis is based on a commonly used formula that has been accepted by Council as an alternative methodology for determining the number of persons that the proposed open space and recreational facilities could reasonably accommodate at any one time.

Applying the formula to the proposal, the applicant has calculated that the recreational facilities at ground level and at level 26 could accommodate 521 persons at the same time. The applicant has determined from the formula that 252 persons are likely to access the facilities at any time; meaning even at the reduced rate the open space has sufficient capacity to service the recreational needs of residents. This ability will be increased when considering the likelihood that some people will also be utilising the shared open space areas at ground level. Officers consider that the communal open space provided for the development is adequate to service the needs of residents or guests and therefore achieves the purpose of PC22.

Further to the requirements of AS22.1, which details the area of communal open space to be provided, the proposal exhibits a high standard in the quality and selection of facilities that are proposed. Recreational facilities include a number of pools, lounge, dining, barbeque areas and gymnasium. This range and quality of facilities will ensure that all aspects of the recreational facilities are functional and useable to further satisfy the purpose of PC22.

AS22.4

The open space the outcomes of AS22.4 with the exception of point c), in that deep planting comprising at least 10% of the site area is not achieved.

Within the site, deep planting will be replaced by planters with soil depths of between 600mm and 900mm to provide sufficient growing medium for the establishment of a range of vegetation, including large trees. A statement of landscape intent identifies the proposed location, character and selection of planting.

Although no areas of deep planting are being provided, the applicant has adequately demonstrated that the landscape areas will have the capacity to accommodate vegetation that will aesthetically complement the building and enhance the attractiveness of the development. In doing so, it is considered that the proposal satisfies PC22.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:

Gold Coast Airport and Aviation Facilities Car Parking, Access and Transport Integration Flood Affected Areas Ocean Front Land Sediment and Erosion Control Assessment has revealed that the proposed development complies with the relevant constraint codes. Where required, suitable conditions have been included in the officers recommendation to ensure the developments on going compliance with those codes.

8 STATE PLANNING POLICIES There are no state planning policies applicable for this application

9 STATE PLANNING REGULATORY PROVISIONS There are no state planning regulatory provisions applicable for this application

10 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan (SEQRP) is a regional strategic document that sets out a sustainable growth management strategy for the SEQ region to effectively deal with the population growth forecasted for this region. The Urban Footprint identifies the areas within the SEQ region that are potentially suitable for future urban development.

The subject application is located within the Urban Footprint Land Use Category and as such is deemed to comply with the South-East Queensland Regional Plan 2009-2031.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 9 November 2015

List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

From this meeting the application was referred to applicable referrals as discussed below:


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 11.1 Health and Regulatory Services Health and Regulatory Services has indicated support for the proposal subject to the imposition of conditions that relate to the acoustic design and construction of the development, hours of operation and waste management.

The conditions provided by Health and Regulatory Services are supported and are included in the officer recommendation.

11.2 Transport Assessment Transport Assessment Officers have assessed the proposed development against the conditions of the preliminary approval, the acceptable solutions of the Paradise Resort Development Code and the Car Parking, Access and Transport Integration Constraint Code.

Comments and conditions have been provided by Transport Assessment that relate to car parking and access, bicycle parking, dedication of land for road widening, intersection upgrades and footpaths.

The comments relating road widening, intersection upgrades and footpaths are supported. The recommended conditions have been included in the officer recommendation.

Alternative recommendations are made by planning officers in respect of access and bicycle parking.

This alternative assessment by planning officers has resulted in alternative conditions relating to bicycle parking. These conditions are included in the officer recommendation.

11.3 Subdivision Engineering Subdivision Engineering has recommended conditions relating to the installation of telecommunications infrastructure.

Planning officers support the conditions provided and have included them in the officer recommendation.

11.4 Open Space Assessment Open Space Assessment has recommended the inclusion of conditions relating to the carrying out of streetscape works within the road reserve.

The conditions are supported by planning officers and are included in the officer recommendation.

11.5 Architect The Office of City Architect provided comments relating to the overall merits of the proposal.

Comments included:

The ground floor building to Oak Avenue is well set back from the street frontages assisting to reduce the visual impact of the development to residential dwellings opposite.

The L shaped tower has a highly articulated building form. The design utilises a variety of geometric and linear protrusions, deep recesses and articulated balconies to create a visually appealing, vibrant composition. The different architectural languages of the north and west elevations successfully fragment the building form and is reinforced with the change in building height.

The proposal includes an ESD report prepared by a qualified ESD consultant confirming the development is able to achieve the equivalent of a 4 Star Green Star Rating.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 The proposal is commended for incorporating high quality public art that is a continuation

of the large sculptural public art pieces proposed for Stages 2 and 3, and will be located centrally on Birt Avenue and Oak Avenue.

The proposal is commended for incorporating a high quality artistic exterior lighting strategy prepared by a qualified lighting consultant for both the tower, podium and landscaped terraces. As with Stages 2 and 3 the artistic exterior lighting will contribute to a vibrant precinct and enhance the Surfers Paradise skyline.

The proposal provides a number of communal recreational facilities with a good balance of passive and active spaces along with high quality landscaping for the amenity of residents.

No specific conditions have been recommended, however a condition is included in the officer recommendation that references the approved plans that form the basis of the above comments.

11.6 Gold Coast Water The location, relocation, upgrading and/or staging of water and sewer infrastructure for the overall development site has been established by the preliminary approval. The works and staging are identified on plan 6.9 Staging Plan Infrastructure and Services that is contained in the Paradise Resort Development Code.

Gold Coast Water reviewed the application and has advised that the proposed water and sewer infrastructure works are consistent with the preliminary approval.

Appropriate conditions relating to water and sewer infrastructure works are included in the officer recommendation.

11.7 Plumbing and Drainage Plumbing and Drainage has recommended conditions relating to the making of applications for compliance permits for sewerage works, water supply plumbing work and fire services plumbing work.

Planning officers support the conditions that have been provided and have included them in the officer recommendation.

11.8 Environmental Assessment The deep excavation required for the basement may result in the occurrence of acid sulfate soils. Environmental Assessment has provided conditions relating to the carrying out of acid sulfate soil investigations and preparation of management plans if required.


11.9 Hydraulics and Water Quality Hydraulics and Water Quality provided comments relating to storm water and flooding. The comments identified the following points:

The pre-developed (existing) scenario has more impervious area than the proposed impervious area. As such, no on site detention is required.

The proposal includes a 110kL rainwater tank and 50m2 of bio-retention basins and buffer area as stormwater quality improvement purposes.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Part of the site is flood affected. Stage 4 development itself is above flood level but the

access / egress of this site is flood affected. As identified in the earlier approvals (stage 1, 2 & 3), the site poses low to medium flood risks. The applicant has submitted a flood emergency management plan.

Based on their assessment, Hydraulic and Water Quality has confirmed their support for the proposal subject to conditions. The proposed conditions relate to flood storage, no worsening of hydraulic conditions, no alteration of flow paths and stormwater quality.


11.10 Arborist Councils Arboricultural officers have identified a number of protected size vegetation on site, although acknowledge that none are of local significance.

Standard conditions are recommended that require the submission of a Vegetation Clearing Application for the removal of the protected vegetation.

11.11 Landscape Assessment Conditions are included in the officer recommendation that require detailed landscape plans to be submitted for operational works approval. The plans are to be generally in accordance with the approved Statement of Landscape Intent submitted with the application.

11.12 Geotechnical Engineering - Applicable Construction of the three (4) level basement will require deep excavation extending up to the property boundaries. This has the potential to destabilise or damage the adjoining road reserve unless an adequate retention system is designed and installed.

Conditions are proposed that require the preparation of a basement excavation stability report for compliance assessment.

12 EXTERNAL REFERRALS 12.1 Concurrence agencies The application was referred to the Department of Infrastructure, Local Government and Planning, under the following provisions of the Sustainable Planning Regulation 2009:

Schedule 7, Table 3, Item 2 State-transport Infrastructure.

Schedule 7, Table 3, Item 14 Public passenger Transport By correspondence dated 10 December 2015, the Department advised Council that it has no requirements relating to the application.

13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges

Infrastructure charges are levied under a Charges Resolution by way of an Infrastructure Charges Notice.

An extract of the notice showing the charges to be levied to the development is as follows:


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Development Infrastructure

No trunk infrastructure has been identified by the relevant network owners.

14 PUBLIC NOTIFICATION The proposal is code assessable pursuant to the Preliminary Approval. As a result public notification is not required.

15 CONCLUSION It is recommended that the development application, which is seeking a development permit for a material change of use for a 32 storey development including Apartment, Shops, Restaurant and Take Away Food Premises, should be approved subject to the imposition of suitable conditions.

16 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution:

Flood Free Access Owners and intending purchases are advised that the property does not have flood free access/egress during 100 year ARI (Average Recurrence Interval) flood events.

Property Subject to Flood Inundation Owners and intending purchasers are advised that the property is subject to inundation during extreme storm events.

17 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 99 on SP257718 Address of property 122 Ferny Avenue, Surfers Paradise Area of property 24,860m (total site area)

5905m (Stage 4 site area)

Decision type Material Change of Use for a 32 storey Mixed Use Development including Apartment, Shops, Restaurant and Take Away Food Premises

Further development permits Carrying out building work, operational work.


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ITEM 8 (Continued) MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A 32 STOREY MIXED USE DEVELOPMENT - 122 FERNY AVENUE SURFERS, PARADISE DIVISION 7 PN335481/01/DA5 Further compliance permits Sewerage works, water supply plumbing work, fire

services plumbing work. Compliance assessment required for documents or works

Acid sulfate soil management plan, basement excavation stability assessment report, Dewatering management plan.

A Council approves the issue of a development permit for material change of use for a 32 storey Mixed Use Development including Apartment, Shops, Restaurant and Take Away Food Premises, subject to the following conditions:

APPROVED DRAWINGS

Development to be generally in accordance with specified plans/drawings 1 The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice.

Plan No. Rev. Title Date Prepared by A-SK-0.01 - Basement Level 1 28/01/2016 DBI Architecture A-SK-0.02 - Basement Level 2 28/01/2016 DBI Architecture A-SK-0.03 - Basement Level 3 28/01/2016 DBI Architecture A-SK-1-00 - Ground Floor Site Plan 28/10/2015 DBI Architecture A-SK-1-01 - Level 1 1/02/2016 DBI Architecture

A-SK-1-02 - Level 2 29/10/2015 DBI Architecture








A-SK-1-10 - Level 28 to 29 28/10/2015 DBI Architecture

A-SK-1-11 - STG Level 30 28/10/2015 DBI Architecture

A-SK-1-12 - Roof Plan 28/10/2015 DBI Architecture

A-CD-2.01 - North Elevation 28/10/2015 DBI Architecture

A-CD-2.02 - East Elevation 28/10/2015 DBI Architecture

A-CD-2.03 - South Elevation 28/10/2015 DBI Architecture

A-CD-2.04 - West Elevation 28/10/2015 DBI Architecture

A-CD-2.05 - Section A-A 24/10/2015 DBI Architecture

A-CD-2.06 - Section B-B 21/10/2015 DBI Architecture

A-CD-2.07 - Section C-C 21/10/2015 DBI Architecture

A-CD-2.08 - Section D-D 21/10/2015 DBI Architecture


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The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. Building materials and finishes 2 A schedule of proposed materials, colours, textures and finishes must be submitted to Council and approved by the Chief Executive Officer.

Timing Prior to the issue of building approval.

Evidence that wind environment report findings are 3 addressed The applicant must provide evidence that the findings of the Wind Assessment prepared by CPP, titled Final Report Wind Assessment for Ruby Stage 4, Surfers Paradise Gold Coast, Australia (ref CPP Project: 5990), dated October 2015, have been addressed and the measures required to address wind impact have been implemented in the development approval.

Timing Prior to the issue of building approval for the podium and tower components of the development.

Changes requiring further approval 4 Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required. Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Timing At all times.

Decision notice and approved plans/drawings to be 5 submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application relating to or arising from this development approval.

Timing As indicated within the wording of the condition.

Decision notice and approved plans/drawings to be 6 retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.



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Notice of works timetable 7 The applicant must give Council written notice of the following:

Application number; a Site address; b Name and telephone number (work and after hours) of c the project manager and the site owner; Works intended to be carried out; d The proposed timetable associated with the works, e including expected commencement, duration and completion date.

The notification is to be sent to Councils Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

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

Studies / Media Rooms not to be used as bedrooms 8 The areas shown on the approved plans as Studies and/or Media Rooms must not be converted or be used as additional bedrooms. A notification to this effect will be placed on Council rate records. All property owners must ensure compliance with this condition.

Timing

At all times.

Resolution of conflict between conditions and plans 9 The conditions of this approval are to be read in conjunction with the attached stamped approved engineering drawings. Where a conflict occurs between the conditions of this approval and the stamped approved engineering drawings, the conditions of this approval shall take precedence.


Public Art 10 Public art commissioned and installed on site must be in accordance with the public art report, titled Living Relations Ruby Stage 4, prepared by Brecknock Consulting and dated 28/10/2015 and must be located entirely within the site. All public art shall be maintained by the applicant at no cost to Council.

Timing Installation of public art prior to the commencement of the use and maintained at all times.

CAR PARKING AND ACCESS

Off street car parking facilities 11 Off-street car parking facilities must be designed, a

Timing Prior to the commencement of the


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constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for b vehicle parking. The visitor car parking area for stage 4 must internally c and directly connect with the visitor car parking area for stage 3. Off-street car parking facilities must be drained, sealed d and line marked.

use and at all times.

Tandem car parking spaces 12 Tandem car parking spaces must be allocated to residents of the same unit only.


Freely accessible visitor car parking 13 All resident visitor and commercial visitor and staff car a parking must be accessible, not subject to regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.

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

Bicycle parking 14 Bicycle parking facilities must be provided to the a satisfaction of the Chief Executive Officer, at no cost to Council and maintained in accordance with:

282 Class 2 bicycle parking spaces for residents; i 4 Class 2 bicycle parking spaces for commercial ii staff; and 68 Class 3 bicycle parking spaces for resident iii and commercial visitors; Austroads Guides to Traffic Engineering: Part 14; iv and AS2890.3-2015 Parking Facilities Part 3- Bicycle v Parking.

The bicycle parking spaces are to: b Enable wheels and frame to be located to the i device without damaging the bicycle; Be located outside pedestrian movement paths; ii Be accessible from the road; iii Be arranged so that parking and unparking iv manoeuvres will not damage adjacent bicycles; Be protected from manoeuvring motor vehicles v



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and opening car doors; Be as close as possible to the cyclists ultimate vi destination; Be well lit by appropriate existing or new lighting; vii and Be protected from the weather. viii

Loading and unloading 15 Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear.


Signs and line marking 16 In addition to signs and line marking required by AS2890.1, the following must be installed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council:

Signage located within the site visible to entering a vehicles including the Standard Service Sign Series P sign, in accordance with the Manual of Uniform Traffic Control Devices, Transport and Main Roads Queensland Part 15, accompanied with wording giving direction to visitor parking. Signs and line marking to identify persons with b disabilities parking (AS2890.6) and motorcycle parking, and special zones such as bus zones. Signs and line marking to give direction to bicycle c parking, including visitor 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.


VEHICULAR CROSSINGS AND DRIVEWAYS

Porte-cochere clearance 17 The porte-cochere must have a minimum vertical clearance of 4.5 metres.

Timing Prior to commencement of the use.

Sight distance to pedestrians- Birt Avenue 18 Where the access driveway meets the property boundary at the Birt Avenue frontage, provide and maintain clear sight lines on the departure side of the driveway measuring 2 metres along the property boundary and 2.5 metres into the site, in accordance with Figure 3.3 of AS2890.1:2004 Parking Facilities Part 1: Off-Street Car Parking Facilities. The area within the sight triangle must be kept clear of obstructions at all times.



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ROADS

Land dedication for road widening 19 Land shown on Paradise Resort Development Code Plan 6.10 (Road Widening) must be dedicated to Council for road widening purposes. The land dedication must be completed to the satisfaction of the Chief Executive Officer, and at no cost to Council. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing Prior to the commencement of the use.

TRAFFIC SIGNALS

Traffic signals - Birt Avenue/Ferny Avenue intersection 20 Traffic signals at the intersection of Ferny Avenue and a Birt Avenue, Surfers Paradise and all necessary civil works must be designed and constructed to the satisfaction of the Chief Executive Officer and at no cost to Council, prior to the commencement of any new land use which takes direct access from Birt Avenue. An OPW (Works for Infrastructure) development application must be submitted to Council for approval for the above works. The new intersection of Ferny Avenue and Birt Avenue b is to be designed to operate as a combined (single) intersection with the signalised intersection of Ferny Avenue and Ocean Avenue. The design and construction of the traffic signals at the c intersection of Ferny Avenue and Birt Avenue, Surfers Paradise shall be completed and make reference to (and be compatible with) the approved drawings for the traffic signals at the intersection of Ferny and Ocean Avenues, Surfers Paradise.

Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).


FOOTPATHS

Footpaths 21 The applicant must design and construct concrete a footpaths as follows: i Minimum 2.5 metre wide path along the full

frontage of the site to Birt Avenue; and ii Minimum 1.5 metre wide path along the full

frontage of the site to Oak Avenue.



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The applicant must apply for and obtain a development b permit for operational work (works for infrastructure) from Council for the design and construction of the above footpath/s. Approval of plans, which show the location of footpaths, is not to be taken as an approval to construct.

Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Pedestrian Ramps 22 The applicant must design and construct pedestrian kerb ramps at the intersection of Oak Avenue and Birt Avenue. The ramps must be located so that they connect with existing Kerb ramps on the opposite side of the road. The kerb ramps are to be in accordance with the requirements of AS1428.


TELECOMMUNICATIONS

Telecommunications MCU 23 The applicant must:

Provide underground telecommunications to the subject a building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).

Timing Prior to commencement of the use.

LANDSCAPE WORKS ON PRIVATE LAND

Detailed landscape plan to be submitted for approval 24 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b schemes Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii

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


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Landscape Intent, being plan no 155030, title Landscape Architecture Ruby stage four sheets 77 - 103, date October 2015, prepared by DBI Design; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; and Comply with Planning Scheme Policy 13 iv Landscape Strategy Part 2 Landscape Works Documentation Manual.

The required landscaping plan must also demonstrate 25 the following:

Feature tree species must be native evergreen canopy a shade trees with a minimum bag size of 400 litre at the time of planting; Internal street tree species must be native evergreen b canopy shade trees with a minimum bag size of 200 litre at the time of planting; Unless otherwise specified, tree species must be native c evergreen canopy shade trees with a minimum bag size of 100 litre at the time of planting; Palm species must be a minimum 3 metres in height at d the time of planting; Feature shrub species must be a minimum 300mm size e at the time of planting; Screening shrub species must be a minimum 45 litre f pot size at the time of planting; Unless otherwise specified, shrub species must be a g minimum 200mm pot size at the time of planting; Planter boxes where large feature trees are to be h planted must possess a minimum surface area of 6 square metres; Tree species must be chosen which are suitable for root zones growing in such confined planting locations. Planter boxes containing tall palm and tree species that i are potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure; Tree species planted with root zones adjacent to j structures must have root control barriers and or structure strengthening systems installed. Full demonstration of these systems is required to accompany the detailed landscape plan; An automatic irrigation system must be provided to all k


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podium planter boxes; Provide detailed information how stormwater is treated l within tree planters / pots effectively and being utilised for irrigation; and The landscape plan must include the approved location m and detailed design drawings of the bio-retention system which is required as part of the Stormwater Management for the site. The plan must incorporate an appropriate list of species in the plant schedule, which are suitable for a bio-retention area. Planting densities must match those shown in Councils Water Sensitive Urban Design Guidelines.

Green Walls/Roof, Trellis and Arbors 26 The applicant must submit with the application for operational work (landscape work), operational details, specifications and a maintenance management plan relating to the green wall, trellis/wall and/or arbor systems. The management plan must:

Provide detailed information as to how these vegetative a systems will maintain consistent irrigation and nutritional requirements according to best horticultural practices; Stipulate a maintenance schedule for these systems; b Provide details of the minimum standards to which c these systems must be maintained; Describe actions to be taken if the systems should fail d to function as intended; and Provide detailed information how storm water is treated e within tree planters / pots and being utilised for irrigation.

OPEN SPACE

Streetscape works within public road reserve 27 The applicant is required to ensure that street trees are a planted within the public road reserve directly fronting the subject site along Birt Avenue and Oak Avenue. The location, quantity and species are to be determined b through the assessment of the development application for Operational Works (Public Landscape) required by condition of this approval. All street trees required by conditions of this approval c must be shown and approved on the OPW public landscape application an must be installed, established and maintained in accordance with the following:

Planning Scheme Policy 11 Land Development i Guidelines, Standard Specifications and Drawings;

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


846 Adopted Report


Planning Scheme Policy 12 Landscape Strategy ii Part 1 1 Landscape Character: Guideline the Image of the City; Planning Scheme Policy 13 Landscape Strategy iii Part 2 Landscape Works Documentation Manual; and Be constructed at no cost to Council. iv

Detailed landscape plans for public road reserve to be 28 submitted for approval

The applicant must submit to Council for approval a detailed landscape plans, by making a development application for Operational Work (Public Landscape). Landscape works must not commence on the site until b Council has issued a development permit for Operational Work (Public Landscape), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning c schemes Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Landscape ii Statement of Intent for Ruby (Stage 4) prepared by UPS and dated October 2015; Non-standard surface pavements and treatment iii are not endorsed within the public road reserve and will be subject to assessment at OPW (public landscape works). Reflect the approved layout (including any iv amendments to that layout required by these conditions) and the conditions of this approval; Provide locations for the retained vegetation, in v accordance with the conditions of this approval; Comp

CITY DEVELOPMENT BRANCH MATERIAL CHANGE … 8 (continued) material change of use (code assessment) for a 32 storey mixed use development - 122 ferny avenue surfers, paradise – division

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