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780th Council Meeting 11 October 2019 Economy, Planning & Environment Committee Meeting 9 October 2019

673 ADOPTED REPORT

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674 ADOPTED REPORT

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Our ref

Your ref

Enquiries

P306912 - PDQ

MCU/2018/1032

Heleana Crombie

19 September 2019

Mrs G Sala!

Senior Planner (Central)

City of Gold Coast

PO Box 5042

GCMC QLD 9729

Dear Mrs Sala!

• �

.

Queensland Government

Department of

Transport and Main Roads

RE: REQUEST FOR THIRD PARTY ADVICE - LIGHT RAIL STAGE 3A

The Department of Transport and Main Roads (the department) has received your request

to provide advice on the implications the proposed development at 1827 Gold Coast

Highway, Burleigh Heads may have on the proposed light rail infrastructure.

The Gold Coast Light Rail (GCLR) network (comprising Stages 1 and 2) now covers 20.3

kilometres with 19 stations, connecting heavy rail and light rail at Helensvale, through to

Broadbeach South. GCLR Stage 1 opened in July 2014 with Stage 2 of the light rail project

opening on 17 December 2017.

The GCLR has been embraced by the Gold Coast community since its inception providing

more than 31 million passengers with an alternative way to move around the city. Since

Stage 2 opened, light rail patronage has increased by 33%.

The department and council have jointly undertaken community engagement regarding

GCLR Stage 3A which proposes to extend the light rail system from Broadbeach South

through to Burleigh Heads.

The Stage 3A extension to Burleigh Heads includes:

approximately 6. 7 kilometres of dedicated dual light rail track running in the centre

of the Gold Coast Highway with two lanes of traffic each side

planning for up to 8 new light rail stations

5 new trams to service the extended line

a light rail/bus interchange at Burleigh Heads

upgrades to some existing intersections to assist pedestrians to safely cross the

Gold Coast Highway

Telephone +1800 312 6007

Email [email protected]

PO Box 3798 Australia Fair

)outhport, Old 4215

\SN 39 407 690 291

Attachment 5 (1 of 2)


675 ADOPTED REPORT

Background information in relation to the GCLR Stage 3A project and consultation process

is attached for Council's information. A key finding from the consultation was that more than

three quarters of residents and businesses support not only the GCLR Stage 3A project but

subsequent stages down to the Gold Coast Airport.

Also attached is the plan that was used during the public consultation process which

identifies the southern terminus of the GCLR Stage 3A requiring the majority of the subject

site for realignment of the Gold Coast Highway to accommodate the Burleigh Heads Station.

Given the amount of land needed for the project the department will be acquiring the whole

property.

The potential implications to the GCLR Stage 3A project resulting from the proposed

development is a delay in acquiring the subject site and increasing the cost of the light rail

project. There are two processes that could be undertaken by the department to acquire the

land one of which relies on the two parties reaching negotiated agreement for settlement

and the other is formal resumption under the Acquisition of Land Act 1967. Both processes

will take time, with the formal legal process taking potentially up to 12 months to resolve and

the State will incur costs working through the legal requirements. The department is in the

process of finalising the negotiated agreement for the site with the land owners.

Based on the level of support that the existing light rail has in terms of patronage and the

desire of the community to see the infrastructure extended through to the Gold Coast Airport

it is essential that the process for protecting the corridor is as efficient as possible. The

lodgement of the proposed development over land that has been identified as being required

for the GCLR Stage 3A project has the potential to delay the commencement of the project.

We trust that this letter provides the Council with information to assist with the assessment

of the application. If you require anything further please do not hesitate to contact me on

5555 4604.

Juli Zorzo

Project Manager - Gold Coast Light Rail

Enc. GCLR Stage 3A background and general arrangement plan

Page 2 of 2


676 ADOPTED REPORT

Document: #74354558 Page 1 of 6

Infrastructure Charge Notice

To: Pointcorp Burleigh Pty Ltd C/- Cardno, PO BOX 4006 FORTITUDE VALLEY QLD 4006

Cc: Pointcorp Burleigh Pty Ltd Letterbox 18 Logan House South, 25 Donkin Street WEST END QLD 4101

Land to which charges apply

The land to which the charges in this notice apply is.

Property description LOT1 SP112607

Property address 1827 Gold Coast Highway BURLEIGH HEADS

Total levied charge payable $ 907,038.54 +ADJUSTMENTS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.

Payment details

Payment of the charges must be made in accordance with the “How to pay methods” section of this notice.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adoptedcharge the local government could have levied for the development when the charge is paid; and

(b) The increase worked out using the PPI, adjusted according to the 3-yearlyPPI average, for the period starting on the day the levied charge is levied and ending on the day the charge is paid.

‘3-yearly PPI average’ and ‘PPI’ have the meanings given in the Planning Act 2016.

As the charge amount stated above is current at the date the notice was generated, the total charges due at the date of payment may be greater.

Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of the Planning Act 2016 and Council’s Charges Resolution. If applicable, details of the offset are provided on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.

Attachment 6 (1 of 6)


677 ADOPTED REPORT


Authority for charge

The charges in this notice are payable in accordance with the Planning Act 2016.

GST GST does not apply to payments or contributions made by developers to Government which relate to, or relates to, an application for the provision, retention, or amendment of a permission, exemption, authority or licence (however described) under the Planning Act 2016.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].


678 ADOPTED REPORT


Infrastructure Charge Notice

Tuesday, 03 September 2019 Application PN219058/16/- Site address 1827 Gold Coast Highway, BURLEIGH HEADS Application number & code MCU/2018/1032 Application description MULTIPLE DWELLINGS (30 x 3BED), SHOP, FOOD AND DRINK

OUTLET Officer name Amanda Ryan

Charge calculation

Charges Resolution No. 1 of 2019 Qty Rate Gross Charge Amount

Commercial (Retail) 340 sq m Gross Floor Area @ $ 190.17 $ 64,657.80 Impervious Area 824 Square Metres @ $ 10.59 $ 8,726.16 Multiple Dwelling 3+ Bedroom 30 Dwellings @ $ 29,583.09 $ 887,492.70

$ 960,876.66

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

$ 960,876.66 $ 53,838.12 $ 907,038.54

Applied credit details

Credit applied for existing 215sqm Commercial (retail) GFA and 1,223sqm of Impervious Area

Office Use Only $ 501,525.39 OTHINF $ 306,185.10 SEWINF

$ 99,328.05 WTRINF

$ 907,038.54


679 ADOPTED REPORT


DECISION NOTICE DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Pursuant to section 119 of the Planning Act 2016, on the insert date, the City decided to give this infrastructure charges notice. The date the development application was approved is set out on the first page of the decision notice approving the development application. Appeal rights

You have appeal rights in relation to this notice. An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds:

(a) the notice involved an error relating to:

(i) the application of the relevant adopted charge; or

Examples of errors in applying an adopted charge:

• the incorrect application of gross floor area for a non-residential development

• applying an incorrect ‘use category’, under a regulation, to the development

(ii) the working out of extra demand, for section 120 of the Planning Act 2016; or

(iii) an offset or refund; or

(b) there was no decision about an offset or refund; or

(c) if the infrastructure charges notice states a refund will be given – the timing for givingthe refund; or

(d) for an appeal to the Planning and Environment Court – the amount of the charge is sounreasonable that no reasonable relevant local government could have imposed theamount.

To remove any doubt, the Planning Act 2016 declares that an appeal against an infrastructure charges notice must not be about:

(a) the adopted charge itself; or

(b) for a decision about an offset or refund:

(i) the establishment cost of trunk infrastructure identified in a local governmentinfrastructure plan; or

(ii) the cost of infrastructure decided using the method included in the localgovernment’s charges resolution.

An appeal must be started within 20 business days after the infrastructure charges notice is given to you.

An appeal may be made to the Planning and Environment Court or to a development tribunal.

An appeal is started by lodging a notice of appeal with the registrar of the Planning and Environment Court or a development tribunal, as applicable. The notice of appeal must be in the approved form, succinctly state the grounds of the appeal and be accompanied by the required


680 ADOPTED REPORT


fee.

An appellant to the Planning and Environment Court must give a copy of the notice of appeal, within 10 business days after the appeal is started, to the persons identified in section 230(3) of the Planning Act 2016. A person who is appealing to the Planning and Environment Court must comply with the rules of the court that apply to the appeal.

Chapter 6, Part 1 and Schedule 1 of the Planning Act 2016 sets out further information about appeal rights.


681 ADOPTED REPORT


How to pay methods

Pay by mail Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address:

Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $50,000 using credit card) Payment by credit card will incur a surcharge.

Customer Service Centres

Monday to Friday 8.15am to 4.30pm

Broadbeach 61 Sunshine Boulevard, Mermaid Waters

Bundall 8 Karp Court, Bundall

Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale

Nerang 833 Southport Nerang Road, Nerang

Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport

Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222

(7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast

PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre

Open hours; cityofgoldcoast.com.au goldcoast.qld.gov.au


682 ADOPTED REPORT

GENERAL BUSINESS ITEM 5 OUR CITY OUR PLAN PUBLIC CONSULTATION PD98/1132/02/10(P1)

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS

PROCEDURAL MOTION moved Cr Gates seconded Cr Caldwell

That the Committee move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item/s for the reason/s shown:-

Item Subject Reason

5 Our City Our Plan Public Consultation Budgetary

CARRIED

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Caldwell

That the Committee move into Open Session.

CARRIED

Following resumption into open session, Item 5 was moved and carried as shown on the following page.


683 ADOPTED REPORT

ITEM 5 (Continued) OUR CITY OUR PLAN PUBLIC CONSULTATION PD98/1132/02/10(P1)

Conflict of Interest – Cr PJ Young

Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows:

The nature of the interest is: Honorary Life Member of Gecko and a former member of the Nerang Community Association and Wildlife Preservation Society of Qld and all 3 groups are members of the ACE Alliance

The name of the person or entity is: ACE Alliance

The nature of the relationship is: Membership

The value of the gift is: Nil

The date of receipt of the gift is: Nil

The nature of the other person’s interest in the matter is: the ACE Alliance have written to the CEO requesting an extension to the Statutory Consultation period of Our City Our Plan.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the broader public involvement and engagement is being considered.

PROCEDURAL MOTION

moved Cr Owen-Jones seconded Cr Caldwell

Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that:

Cr PJ Young does not have a real or perceived conflict of interest in the matter because the matter being contemplated is an ordinary business matter.

Cr PJ Young’s current or past membership does not constitute a conflict.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young did not vote.


684 ADOPTED REPORT

ITEM 5 (Continued) OUR CITY OUR PLAN PUBLIC CONSULTATION PD98/1132/02/10(P1)

Committee Recommendation Adopted At Council 11 October 2019

COMMITTEE RECOMMENDATION EPE19.1009.004 moved Cr Caldwell seconded Cr O'Neill

1 That the briefing note be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That Council endorse Attachment A including amendments to the Engagement Strategy as set out within Attachment B

CARRIED

Cr PJ Young voted in the positive

ADOPTED AT COUNCIL 11 OCTOBER 2019 RESOLUTION G19.1011.013 moved Cr Caldwell seconded Cr Owen-Jones

That Committee Recommendation EPE19.1009.004 be adopted as printed.

CARRIED

There being no further business the meeting was declared closed at 11.34am


685 ADOPTED REPORT

These Pages

Numbered 1 to 686

Constitute The Adopted Report Of The Meeting

Of The Economy, Planning and Environment Committee

Held Wednesday, 9 October 2019


686 ADOPTED REPORT

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