Minutes of General Meeting - Wednesday, 15 May 2024

General Meeting Minutes 15 May 2024

14 Reports from Advocacy, Major Projects and Economic Development

14.1 Redland City Council - Continued Support for the Redland Whitewater Centre

Objective Reference: A11057038

Authorising Officer: Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Responsible Officer: Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Report Author: Kristen Banks, Executive Officer Advocacy, Major Projects and Economic Development

Attachments: 1. Sport Venue Review: Independent Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure ⇩

2. Ministerial Statement New Direction for Brisbane 2032 Olympic and Paralympic Games Sports Venues has Community Sport at its Heart ⇩

3. Draft Letter to Queensland Government Regarding Redland City Council's Ongoing Support for the Redland Whitewater Centre ⇩

Purpose

To note the recommendation of the Sport Venue Review: Independent Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure (Sport Venue Review) for the Redland Whitewater Centre project to proceed as scoped, and the Queensland Government’s acceptance of the recommendation subject to the continued support from Redland City Council (Council).

To confirm Council’s commitment and continued support for the Redland Whitewater Centre.

Background

An independent Sport Venue Review for Brisbane 2032 Olympic and Paralympic Games (Brisbane 2032) venues was announced by Queensland Premier the Honourable Steven Miles in December 2023. On 18 January 2024, the Premier announced the composition of the review panel, which comprised former Brisbane Lord Mayor Mr Graham Quirk; Mrs Michelle Morris, who has expert knowledge in the planning and delivery of complex multi-faceted major event projects; and Mr Ken Kanofski, who brings a wealth of experience in the assessment of infrastructure projects.

Over 60 days, the review panel analysed the technical assessments, business cases and community response to all major sports venues (the Gabba and the Brisbane Arena) as well as new and upgraded minor sports venues proposed to be used during the Games that would require significant public investment. This included the Redland Whitewater Centre, considered a minor sports venue.

The review panel considered more than 900 public submissions, met with 130 stakeholders, sporting groups and community organisations, and inspected 28 proposed venue sites.

The Sport Venue Review was based on four essential criteria stipulated in the terms of reference:

· Affordability

· Fitness-for-purpose

· Deliverability

· Community legacy.

The review panel presented its findings – Sport Venue Review: Independent Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure – to the Queensland Government on 15 March 2024 (refer to Attachment 1).

Specifically relating to the Redland Whitewater Centre, the review panel findings and recommendation are included in Table 1.

Review panel findings about Redland Whitewater Centre
Finding 5.3	The Panel found that the Redland Whitewater Centre proposal and the Penrith Whitewater Stadium in Sydney were the two most plausible options for whitewater sports.
Finding 5.4	The Penrith Whitewater Stadium experiences poor weather conditions (wind and temperature) at the equivalent time when the Games will be held. In previous years, the venue has been closed between June and September.
Finding 5.5	The Redland Whitewater Centre proposal presents a compelling case. The review panel saw a range of advantages to building the facility including strong legacy outcomes: · There is a sound financial model for the facility · The facility provides a regional attraction which could have broader benefits to the Redlands · The centre would provide a convenient training facility for Queensland Government Emergency Service, Queensland Surf Lifesaving and other first responder agencies
Finding 5.6	Environmental issues raised by community members were examined, however the Panel formed the view that these issues can be managed and will be subject to the Environment Protection and Biodiversity Conservation Act approval.
Recommendation 5.2	Proceed with the Redland Whitewater Centre project as scoped.

Table 1: Extract of Sport Venue Review findings and recommendation specific to the Redland Whitewater Centre.

The Queensland Government responded to the review on 18 March 2024 in relation to the Redland Whitewater Centre (refer to Attachment 2) as outlined in Table 2.

Summary of sports venues
Venue	Report findings	Government response
PADDLE VENUES
Redland Whitewater Centre	Recommended to proceed.	Recommendation accepted subject to the continued support from Redland City Council.

Table 2: Extract of Queensland Government response to the Sport Venue Review.

The Queensland Government require confirmation from Council of the continued support for the Redland Whitewater Centre.

Issues

Delivery partner arrangements

The most recent decision of Council regarding the Brisbane 2032 Delivery Partner Arrangements for the Redland Whitewater Centre was from the General Meeting of 13 September 2023, where Council resolved as follows:

1. To note its commitment and support as a Junior Games Partner to the Brisbane 2032 Olympic and Paralympic Games.

2. To note that Council must allocate sufficient funding and resources and do so to match the venue delivery timeframes and requirements for the interdependent infrastructure to be delivered.

3. To authorise to the Chief Executive Officer, to manage the existing Delivery Partner Guarantee Deed and to negotiate and execute any new agreements or documents on Council's behalf that affirm Council’s ongoing commitment to be a venue partner.

4. That the attachment to this report remains confidential until such time as required by any legal or statutory obligation, subject to maintaining the confidentiality of legal privileged, private and commercial in confidence information.

Redland Whitewater Centre funding and delivery

The Brisbane 2032 infrastructure program will be funded by the Australian and Queensland governments under the Brisbane 2032 Olympic and Paralympic Games Intergovernmental Agreement.

The Queensland Government is planning and delivering the new Redland Whitewater Centre – to be located on a portion of the 62-hectare Birkdale Community Precinct.

The area surrounding the whitewater venue is the responsibility of Council, for which Council has released the Birkdale Community Precinct Master Plan.

The intention is to deliver an integrated precinct where the whitewater venue is the centre piece of Birkdale Community precinct – the city’s premium parkland. This will be achieved by realising economies of scale from shared road and vehicular access, common car parking areas servicing the whole precinct as well as access to a singular infrastructure network to supply power, water, and drainage.

The Redland Whitewater Centre, independently validated to have a sound financial model and anticipated to be operational by 2028, will be an exciting new adventure tourism attraction for Queensland’s $22 billion tourism industry landscape.

Of note, the multi-million-dollar investment by the Australian and Queensland governments to provide the city with this Olympic-standard legacy venue at no cost will enable Council as the asset owner to use expected revenue from the Redland Whitewater Centre to invest in other infrastructure and/or offset operating costs to support the balance of the city’s premier parkland. Further funding opportunities will be resultant from the Redland Whitewater Centre.

Without the Redland Whitewater Centre, Council will need to fund all infrastructure and operating costs to establish Birkdale Community Precinct, which would pass to the rate payer.

Status of Project Validation Report process

Council officers continue to work alongside the Australian and Queensland governments on the delivery of this facility under the Brisbane 2032 Intergovernmental Agreement. This includes being fully immersed with the Queensland Government’s Project Control Group including the Project Validation Report process, which considers the scope, costs and risks, technical design inclusions, delivery planning, service need, social impact as well as delivery and operating models for an investment decision for the Australian and Queensland governments.

Assurance process

As part of the assurance process, the Queensland Government conducts a series of Gateway reviews by independent reviewers to assess project progress and the quality of the Project Validation Report.

Project documentation was made available to the review panel to assist them in thoroughly assessing the new Redland Whitewater Centre project, including the analyses that are informing the Project Validation Report.

The review panel also received the Redland Whitewater Centre Gateway Review Gate 2 Report and a Peer Review of its operating costs, which formed part of the Project Validation Report process.

As outlined in the Consultation table, Council has also been briefed by the Queensland Government on the Project Validation Report and Gateway reviews for the Redland Whitewater Centre on 11 September 2023 prior to its decision regarding its Delivery Partner Arrangements at the General Meeting of 13 September 2023, and most recently on 30 April 2024 to inform this General Meeting decision regarding continued support for the Redland Whitewater Centre.

The Project Validation Report – which at this time remains commercial-in-confidence – is in progress and on completion an investment decision will be by the Australian and Queensland governments.

Following consideration by the Australian and Queensland governments, anticipated to be later this year, summary Project Validation Report information will be released. Council will also share the information with the community at that time.

Urgency

The Queensland Government has requested Council confirm its continued support for the Redland Whitewater Centre in writing as an input to the Project Validation Report process prior to an investment decision by the Australian and Queensland governments.

It is recommended that Council notes that under existing delegation relating to the Venue Partner Agreement and associated documents, the Chief Executive Officer (CEO) will write to the Queensland Government to inform of Council’s continued support for the Redland Whitewater Centre to fulfil this request. A copy of the draft letter is at Attachment 3.

Strategic Implications

Legislative Requirements

The recommendation is consistent with the Local Government Principles prescribed under the Local Government Act 2009.

Risk Management

The recommendation is consistent with the Local Government Principles prescribed under the Local Government Act 2009.

The risk and opportunities posed by the Brisbane 2032 Olympic and Paralympic Venue Infrastructure is managed via an interdependent government arrangement in addition to Council’s project management framework and include Queensland Government’s Project Control Group, Project Validation Report process and the recent Sport Venue Review.

To unilaterally decide against supporting the Sport Venue Review findings and recommendation 5.2 will expose Council to legal contractual risks and financial consequences.

Further, there is risk that the opportunity – and quadruple bottom line legacy benefits that could be realised by being a Brisbane 2032 event venue city – will be lost.

Financial

Council has allocated funds for project management, planning, community consultation, concept design and site management work for Birkdale Community Precinct in the 2023-2024 financial year. An integrated approach through precinct planning is helping realise project and cost efficiencies, and a program budget bid will be made for future years through the Annual Council Plan and Budget.

As outlined in the Issues section, the Project Validation Report is in progress and on completion an investment decision will be made by the Australian and Queensland governments. Council has been briefed on the Project Validation Report. Following consideration by the Australian and Queensland governments, anticipated to be later this year, summary Project Validation Report information will be released.

As outlined in the Risk Management section, to unilaterally decide against supporting the Sport Venue Review findings and recommendation 5.2 will expose Council to legal contractual risks and financial consequences.

People

There are no direct human resource implications from the recommendation. The Major Projects Group within the Advocacy, Major Projects and Economic Development will continue to progress the Birkdale Community Precinct Project.

Environmental

The Birkdale Community Precinct has identified environmental, cultural and historical matters of significance, which will continue to be protected or enhanced.

Council has undertaken detailed investigations and sought ecological advice for Birkdale Community Precinct to help identify any potential matters of national, state or local environment significance, which are publicly available on the project’s Your Say site at: https://yoursay.redland.qld.gov.au/imagine.

Council understands – and importantly shares – the community’s interest in ensuring that native flora and fauna as well as natural and cultural assets including the water table (aquifer) and heritage-listed elements of the site are considered throughout implementation of the Birkdale Community Master Plan.

Council intends to proactively undertake an Environment Protection and Biodiversity Conservation (EPBC) Act 1999 referral to the Australian Government to affirm the approach taken to Council’s careful management of the site, integration of the proposed development consistent with environmental values, and to provide certainty to all stakeholders including our community regarding its stewardship.

Of note, this is in line with the Sport Venue review panel Finding 5.6: “Environmental issues raised by community members were examined, however the Panel formed the view that these issues can be managed and will be subject to the Environment Protection and Biodiversity Conservation Act approval”.

Social

Brisbane 2032 will be the first Olympic and Paralympic Games to be delivered under the International Olympic Committee’s New Norm, which will drive legacy outcomes for the community both before and after the Games.

More than 80 per cent of venues in the Brisbane 2032 Master Plan are existing or temporary, reducing the overall cost of the Games and reducing environmental impacts.

It currently includes 37 competition venues for hosting 28 Olympic and 22 Paralympic sports. All new and upgraded venue projects are being pre-planned to meet the needs of our growing regions and brought forward to be built in time for the Games, not built for the Games. This includes the Redland Whitewater Centre.

Brisbane 2032 will optimise games delivery by learning from Games of the past, present and future, including Tokyo 2020, Beijing 2022 and Paris 2024.

Brisbane 2032 will see the international spotlight on South East Queensland, attracting new global business audiences, creating a $4.6 billion boost in tourism and trade for Queensland and
$8.5 billion nationally.

In addition to $3.5 billion in social improvements such as health, volunteering and community benefits for Queensland and $9.1 billion nationally, Brisbane 2032 will support approximately 91,600 full-time job years (jobs per year) in Queensland and 122,900 nationally.

Progressing an Olympic-standard Redland Whitewater Centre as part of an integrated Birkdale Community Precinct will enable Council to fully explore the social and economic benefits this intergenerational opportunity affords.

This includes potential to diversify Redlands Coast’s sport, recreation and tourism offerings – be it nature-based activities, adventure sports, water recreation, investment in state-of the-art community infrastructure and celebrating and recognising culture – to allow Council to better meet current and future city and regional needs.

At the Opening Ceremony alone, the eyes of more than one half of the world’s population will be on South East Queensland including Redlands Coast.

Council’s vision for the Redland Whitewater Centre is underpinned by a ‘legacy first’ approach to provide sustainable world-class facilities for community, emergency services and athletes so that:

· This generation has opportunity to learn about safety in and on the water in a controlled environment;

· Young people can benefit from being immersed in adventure sports including paddling;

· First responders and volunteers have access to the training they need to keep themselves and the community safe in increasingly volatile weather events; and

· Aspiring and elite Canoe Slalom athletes have the advantage of training and competing year-round in new purpose-built facilities on Redlands Coast.

Human Rights

No known human rights implications are associated with this report.

Alignment with Council's Policy and Plans

Providing support to the hosting of the Brisbane 2032 Olympic and Paralympic Games is linked to the Corporate Plan.

Our Future Redlands – A Corporate Plan to 2026 and Beyond introduces a new city vision – Naturally wonderful lifestyle. Connected communities. Embracing opportunities – and describes seven goals for 2041 that are supported by initiatives and catalyst projects.

Each strategic theme identifies a long-term goal as well as objectives, catalyst projects and key initiatives that will help drive our desired outcomes over the next five years.

These include City Leadership, Strong Communities, Quandamooka Country, Natural Environment, Liveable Neighbourhoods, Thriving Economy and Efficient and Effective Organisation.

The quadruple bottom line – or social, economic, governance/cultural and environmental principles – is the basis from which our strategic themes have been set, with each principle to be balanced to achieve sustainability.

In particular, the opportunity aligns with the Strong Communities Objectives:

2.1 Enhance the health, safety and wellbeing of our community through the delivery of inclusive and responsive services focused on preserving and improving our natural wonderful lifestyle by leveraging partnerships, networks, facilities and infrastructure.

2.2 Promote and celebrate our local heritage and diverse cultures through local arts, festivals and events to foster creativity and connectivity across the region.

2.3 Build the community’s capacity to adapt to changes in the physical, social and economic environment.

2.4 Enhance community inclusion where people of all locations, ages, abilities and cultures can participate and have access to the necessary facilities.

Birkdale Community Precinct and the Redland Whitewater Centre are also referenced as catalyst projects in Our Future Redlands – A Corporate Plan to 2026 and Beyond:

Strong Communities

Birkdale Community Land, Willard’s Farm and Tingalpa Creek Corridor – Create a shared vision for the end use of the land recognising the rich and diverse history of the site, building those values into creating an iconic landmark for the Redlands Coast.

Thriving Economy

Redlands Coast Adventure Sports Precinct – Progress the new Redlands Coast integrated Aquatic Centre and Olympic standard Canoe-Kayak Slalom facility to provide additional sport, recreation and emergency services education and training facilities.

Redland City Economic Development Framework 2014-2041

Progression of these catalyst projects also support Council’s Redland City Economic Development Framework 2014-2041 by diversifying the local economy in Services, Tourism, and Education and Training industry sectors, and will deliver employment opportunities for the 15-24 age group.

Redlands Coast Destination Management Plan 2023-2028

Queensland's successful hosting of the Brisbane 2032 Olympic and Paralympic Games will deliver a range of economic and community benefits for Redlands Coast. From a strategic tourism perspective, the unparalleled opportunity for heightened global and national profile will provide opportunities to grow awareness of the region, helping put Redlands Coast on the world map.

Positioning Redlands Coast as an adventure sports hub provides a significant opportunity to leverage Brisbane 2032 investment. The Redland Whitewater Centre, to be built at Birkdale Community Precinct, will host the Canoe Slalom events for the Brisbane 2032 Olympic and Paralympic Games, providing opportunities to offer visitors an increased range of event and experience opportunities before and after the Games as well as international promotion.

Consultation

Consultation has occurred over several years through Councillor briefings, site visits and reports to Council, including those listed below:

Consulted	Consultation Date	Comments/Actions
Councillors	14 May 2024	Proposed Site visit by Councillors to Birkdale Community Precinct
Councillors	13 May 2024	Proposed Councillor Briefing on the Redland Whitewater Centre
Councillors	8 May 2024	Site visit by Councillors to Birkdale Community Precinct
Councillors	30 April 2024	Councillor Briefing on the Sport Venue Review: Independent Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure and Project Validation Report process by the Queensland Government.
Councillors	15 April 2024	Councillor briefing on the Birkdale Community Precinct including the Redland Whitewater Centre by Council officers.
General Meeting of Council	13 September 2023	General Meeting Item 14.2 – 2032 Olympic and Paralympic Games – Delivery Partner Arrangements
Councillors	11 September 2023	Councillor Briefing on the Project Validation Report process by the Queensland Government and Council officers.
Councillors	28 August 2023	Councillor Briefing – Birkdale Community Precinct Local Government Infrastructure Designation Consultation Feedback
Special Budget Meeting of Council	26 June 2023	Special Budget Meeting Item 5.12 – Operational Plan CP1.1 b) Facilitate Redlands Coast 2032 Legacy Working Group and participate in local government working groups to promote collaborative economic outcomes and ensure the city benefits from opportunities arising from the Brisbane 2032 Olympic and Paralympic Games.
General Meeting of Council	15 March 2023	General Meeting Item 14.2 – Final Birkdale Community Precinct Master Plan
General Meeting of Council	15 March 2023	General Meeting Item 14.3 – Local Government Infrastructure Designation Consultation Strategy for the Birkdale Community Precinct
Councillors	7 March 2023	Councillor Briefing – Birkdale Community Precinct Master Plan – Local Government Infrastructure Designation Consultation Strategy
Councillors	3 November 2022	Councillor Briefing - Birkdale Community Precinct Update
General Meeting of Council	17 August 2022	General Meeting Item 15.3 – Draft Birkdale Community Land Precinct Consultation Report
General Meeting of Council	17 August 2022	General Meeting Item 15.4 – Birkdale Community Land Precinct – Statutory Planning Pathways
Councillors	9 August 2022	Councillor Briefing – Birkdale Community Land Precinct – Statutory Planning Pathways
Councillors	9 August 2022	Councillor Briefing – Birkdale Community Land Precinct – Master Plan Community Engagement
Special Budget Meeting of Council	23 June 2022	Special Budget Meeting Item – Operational Plan Thriving Economy CP6.7 Redlands Coast Adventure Sports Precinct Undertake planning and advocacy for the Redlands Coast 2032 legacy. CP6.7.2 Undertake planning for integrated lagoon and canoe/kayak slalom facilities as part of the Birkdale Community Precinct Recreation and Adventure Sports Hub.
Special Meeting of Council	28 April 2022	Special Meeting Item 4.1 – Draft Birkdale Community Precinct Master Plan
Councillors	21 April 2022	Councillor Briefing – Birkdale Community Precinct Update
Councillors	19 April 2022	Councillor Briefing (CoM) – Overall Update provided (Olympics)
Councillors	31 January 2022	Councillor Briefing – Birkdale Community Precinct Update
Councillors	18 December 2021	Councillor Briefing – Birkdale Community Precinct Update
General Meeting of Council	18 August 2021	General Meeting Item 14.3 – Birkdale Community Precinct Vision
Councillors	26 August 2021	Councillor Briefing – (CoMSEQ) Updates (discussion around Olympics)
Councillors	29 July 2021	Councillor Briefing – Birkdale Community Precinct Vision
Special Budget Meeting of Council	24 June 2021	Special Budget Meeting Item – Operational Plan Thriving Economy 7. Redlands Coast Adventure Sports Precinct: Undertake planning for integrated aquatic and canoe/kayak slalom facilities.
Special Meeting of Council	27 May 2021	Special Meeting Item 4.1 – Birkdale Community Precinct – Community Engagement Summary
Councillors	17 May 2021	Councillor Briefing – Birkdale Community Precinct Community Consultation Outcomes
Special Meeting of Council	1 April 2021	Special Meeting Item 4.1 – 2032 Olympic and Paralympic Games (Contract and Delivery Partner Arrangements)
Councillors	25 March 2021	Councillor Briefing – Olympic and City Deals Update
Councillors	3 March 2021	Site visit by all Councillors to Birkdale Community Precinct
Councillors	28 January 2021	Councillor Briefing – Birkdale Precinct
Councillors	19 January 2021	Councillor Briefing – Birkdale Precinct Planning
Councillors	11 November 2020	Offsite workshop at Redland Performing Arts Centre – Birkdale Community Precinct Vision (collectively developed themes)
Councillors	1 September 2020	Councillor Briefing – Birkdale Community Land – Studies and Management Plans
Councillors	1 September 2020	Councillor Briefing – Birkdale Land Project Linkages
Councillors	1 September 2020	Councillor Briefing – Birkdale Community Land – Studies and Management Plans
Special Budget Meeting of Council	25 June 2020	Special Budget Meeting Item 5.12 Operational Plan – 5.2.4: a. Confirm site selection. b. Undertake detailed master planning. c. Progress partnership opportunities for the Precinct delivery. d. Pursue a venue opportunity for the 2032 Olympic and Paralympic Games.
General Meeting of Council	11 March 2020	General Meeting Item 14.5 – Former Birkdale Commonwealth Land – Status Update (Contract Obligations and Community Engagement)
General Meeting of Council	18 December 2019	General Meeting Item 19.8 – Redlands Coast Adventure Sports Precinct Feasibility Study
Councillors	17 December 2019	Councillor Briefing – Redlands Coast Adventure Sports Precinct
General Meeting of Council	20 November 2019	General Meeting Item 14.6 – Birkdale Commonwealth Land (Due Diligence and Contract Documents)
Councillors	7 November 2019	Councillor Briefing – Redlands Coast Adventure Precinct/Whitewater Rafting
General Meeting of Council	6 February 2019	General Meeting Item 19.4 – Commonwealth Land Birkdale Purchase Negotiations (History and Purchase Negotiations)

OPTIONS

Option One

That Council resolves as follows:

1. To note the independent Sport Venue review panel findings from the 60-day Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure published on 18 March 2024 (Attachment 1), which recommended for the Redland Whitewater Centre project to proceed as scoped.

2. To note that the review panel acknowledged in its report (Attachment 1) that the Redland Whitewater Centre presents a compelling case, with strong legacy outcomes and a sound financial model.

3. To note the Queensland Government’s response to the Sport Venue Review report of 18 March 2024, with the recommendation for the project to proceed accepted subject to the continued support from Council (Attachment 2).

4. To note that Council intends to refer the Birkdale Community Precinct project for assessment under the Australian Government’s Environment Protection and Biodiversity Conservation Act 1999.

5. To confirm Council’s commitment and continued support for the Redland Whitewater Centre.

6. To authorise to the Chief Executive Officer to manage the existing Delivery Partner Guarantee Deed and to negotiate and execute any new agreements or documents on Council's behalf that affirm Council’s ongoing commitment to be a venue partner.

7. To write to the Queensland Government and related Brisbane 2032 Olympic and Paralympic Games stakeholders to notify them of Council’s decision to confirm Council’s commitment and continued support for the Redland Whitewater Centre (Attachment 3).

Option Two

That Council resolves as follows:

2. To note that the review panel acknowledged in its report (Attachment 1) that the Redland Whitewater Centre presents a compelling case, with strong legacy outcomes and a sound financial model.

4. To note that Council intends to refer the Birkdale Community Precinct project for assessment under the Australian Government’s Environment Protection and Biodiversity Conservation Act 1999.

5. To formally withdraw Council’s continued support for the Redland Whitewater Centre.

6. To note that to unilaterally decide against supporting the Sport Venue Review findings and recommendation 5.2 will expose Council to legal contractual risks and financial consequences.

7. To instruct officers through the Chief Executive Officer to manage the existing Delivery Partner Guarantee Deed and to negotiate and execute any new agreements or documents on Council's behalf that relate it to being excluded as a venue partner or funding opportunities relating to the Redland Whitewater Centre.

8. To write to the Queensland Government and related Brisbane 2032 Olympic and Paralympic Games stakeholders to notify them of Council’s decision regarding the Redland Whitewater Centre.

Officer's Recommendation/Council Resolution 2024/64

Moved by: Cr Rowanne McKenzie

Seconded by: Cr Julie Talty

That Council resolves as follows:

2. To note that the review panel acknowledged in its report (Attachment 1) that the Redland Whitewater Centre presents a compelling case, with strong legacy outcomes and a sound financial model.

4. To note that Council intends to refer the Birkdale Community Precinct project for assessment under the Australian Government’s Environment Protection and Biodiversity Conservation Act 1999.

5. To confirm Council’s commitment and continued support for the Redland Whitewater Centre.

Carried 6/5

Crs Peter Mitchell, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges and Jason Colley voted FOR the motion

Crs Jos Mitchell, Wendy Boglary, Paul Gollè, Lance Hewlett and Paul Bishop voted AGAINST the motion.

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

Attachment: Sport Venue Review: Independent Review of Brisbane 2032 Olympic and Paralympic Venue Infrastructure

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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Report: Redland City Council - Continued Support for the Redland Whitewater Centre

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General Meeting Minutes 15 May 2024

15.2 MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

Objective Reference: A5547729

Authorising Officer: Louise Rusan, General Manager Community & Customer Services

Responsible Officer: David Jeanes, Group Manager City Planning & Assessment

Report Author: Charlotte Hughes, Principal Planner

Attachments: 1. Precinct Plan ⇩

2. Halcyon Development Code ⇩

3. Reconfiguration of a Lot Plan ⇩

4. Council Resolution ⇩

5. SARA Referral Response ⇩

6. Rehabilitation Plans ⇩

7. Stormwater Management Plan ⇩

8. Options Assessment for Sewer Sequencing ⇩

9. Engineering Concept Plans ⇩

10. External interface plans ⇩

11. Interface Plans ⇩

12. Local Park Concept Plan ⇩

13. Bushfire Management Plan ⇩

14. Biting Insect Management Plan ⇩

15. Conditions ⇩

16. Infrastructure Agreement - Confidential (under separate cover)

Purpose

Variation requests cannot be decided under delegated authority and this application is therefore referred to a General Meeting of Council for determination.

Background

Council has received an application on land at 169-193, 156-168, 194-214, 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay for a preliminary approval (PA) (including a variation request) for a material change of use (MCU) for a relocatable home park and associated uses. The variation request seeks to vary the operation of City Plan v.5 (City Plan) and establish the Halcyon Development Code (HDC). A development permit is also sought for reconfiguring a lot for four (4) into four (4) lots.

The owners of the properties are Halcyon TF Pty Ltd, H G Associates Pty Ltd and Serpentine Creek Road Pty Ltd. The applicant is Halcyon TF Pty Ltd care of Saunders Havill Group.

The decision period has been extended by agreement to 15 May 2024, in accordance with the Planning Act 2016 (PAct).

The assessment of the application has occurred in line with the assessment framework outlined in the PAct. The key issues identified in the assessment are:

· Consistency with the planning framework

· Environmental values

· Access and traffic

· Stormwater management

· Flooding

· Utility infrastructure

· Earthworks

· Landscaping

· Bushfire hazard

· Pedestrian and cyclist accessibility

· Landslide hazard

· Poultry odour

· Halcyon Development Code

· Lot layout and access

Issues

Proposal

The development application is assessed in three parts:

· PART A – Preliminary Approval: for a material change of use for a relocatable home park and associated uses, in accordance with the proposed precinct plan (see attachment 1) to accommodate up to 500 relocatable home park dwellings and ancillary facilities on land that will be owned, operated and privately maintained.

· PART B - Variation request: The application includes a variation request to vary the operation of City Plan as follows:

o Establish the Halcyon Development Code (HDC) (refer to attachment 2), which would be applicable to future development applications lodged under the PA.

o Vary the level of assessment thresholds and assessment benchmarks for specified uses proposed in the nominated precincts.

· PART C - Development permit: for reconfiguring a lot for four (4) into four (4) lots (refer to attachment 3).

It is important to note that any part of City Plan not proposed to be amended by this application will remain extant for the life of any approval and will be applicable to any development application.

Precinct Layout

The proposed precinct layout (refer to figure 1 and attachment 1) aligns with the proposed Southern Redland Bay Expansion Area (SRBEA) structure plan (see figure 6) and seeks to retain and enhance a 100m minimum width habitat corridor through the central part of the site.

Figure 1: Proposed precinct plan

A summary of the purpose for each precinct is included below:

Residential, sales office and private leisure facilities precincts

The purpose of the residential precinct is to facilitate the establishment of the over 50’s lifestyle community, that will be constructed in accordance with the Manufactured Homes (Residential Parks) Act 2003. The residential precinct will include relocatable home park dwellings that are proposed to be designed in accordance with the HDC (discussed further as part of the assessment under Part B).

The sales office precinct is intended to accommodate an ancillary sales office, on-site manager’s office and ancillary caretaker’s residence, with associated carparking and letterboxes for the relocatable home park dwellings.

The ancillary private leisure facilities precinct is intended to accommodate (but not be limited to) the uses listed in table 1 below:

Table 1: Uses proposed in the private leisure facilities precinct

Private environmental corridor precinct

The precinct plan identifies the location and extent of the private environmental corridor precinct, which has a total area of 10.92 hectares (ha) and a minimum width of 100m. The precinct is made up of the following sub-precincts:

Core area – sub precinct

The core area – sub precinct includes the land mapped as core koala habitat and has a minimum width of 50m (typically 65m). Compensatory planting is proposed to occur within this sub-precinct.

Fringe area – sub precinct

The fringe area – sub precinct contains no mapped core koala habitat and is intended to be used for various purposes including bushfire management, private stormwater infrastructure, private event space and private internal paths. The sub precinct is intended to have a minimum width of 16.2m for bushfire management purposes.

Public open space precinct

The public open space Precinct has a total area of 8.4ha and includes the following sub-precincts;

Public park sub-precinct

Comprising a 0.5ha T3(H) Neighbourhood Local Park that will be dedicated to Council.

Conservation sub-precinct

Comprising 4.2ha, which includes the mapped core koala habitat and will be dedicated to Council.

Change to application

Minor change

The applicant has made a number of minor changes to the application during the assessment period, including:

· Change of applicant details, with Stockland Land Lease Management Pty Ltd purchasing the original applicant Halcyon Developments. The new applicant is not the landowner, however as Halcyon is now Stockland, and owner’s consent was provided at lodgement, owner’s consent has been satisfied for the purposes of section 51 of the Planning Act 2016. Saunders Havill remains the lead consultant for the application.

· Changes to the HDC and precinct layouts.

These changes are considered to be minor under section 52 of the PAct. In this instance the changes would not cause:

a) The inclusion of prohibited development in the application; or

b) Referral to a referral agency if there were no referral agencies for the development application; or

c) Referral to extra referral agencies; or

d) A referral agency, in assessing the application under section 55(2), to assess the application against, or have regard to, a matter, other than a matter the referral agency must have assessed the application against, or had regard to, when the application was made; or

e) Public notification if public notification was not required for the development application.

Therefore, there is no effect on the assessment stages identified in accordance with the PAct and the Development Assessment Rules (DA Rules).

Other change

In response to a further advice notice from the State Assessment and Referral Agency (SARA) for the Department of Transport and Main Roads (DTMR), new land was included into the application, in order to facilitate the required upgrade of the Kidd Street/Serpentine Creek Road intersection. A change to introduce new land constitutes substantially different development in accordance with Schedule 1 of the DA Rules and as such is an ‘other change’. However, in accordance with section 26.1 of the DA Rules, the development assessment process does not stop if the change is in response to further advice provided by an assessing authority on the application, for example, SARA.

Site & Locality

The site is located at 169-193, 156-168, 194-214, 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay described as Lot 1 - Lot 3 on RP89514, Lot 1 on RP67583, Lot 69 on S31102, Lot 8 on R1291 and Lot 2 on RP88886. The subject site covers an area of 42.86ha, with 735m frontage to Serpentine Creek Road. The site is occupied by grazing animals and poultry sheds that have recently been demolished upon cessation of the use. The sheds and facilities will be removed as part of the development. A dwelling house is located on Lot 1 on RP67583, which is vacant and proposed to be demolished.

Adjacent and nearby allotments are zoned rural, emerging community and conservation. More specifically, surrounding the site (see figure 2 and 3) from:

· North side – there are rural zoned lots with residential dwellings.

· East and south side – there are emerging community zoned lots with approved preliminary approval named Shoreline; and

· West side – there are large rural zoned lot and with conservation lots further to the west.

In the broader context, the site is located within proximity to Victoria Point Shopping Centre, Broadwater Terrace District Centre, Redland Bay Marina and Esplanade and Stradbroke Ferry Terminal, the Redland Bay Tennis Club, Redland Bay Golf Course and an ambulance Station. Redland Hospital and Mater Private Hospital are located approximately 14km to the north of the site.


*Figure 2: Aerial of the site. Source: Nearmap 2023*	*Figure 3: City Plan zone map*

Planning History

The following planning history is of relevance to the subject site.

Shoreline

The subject site adjoins land subject to the 2015 Shoreline PA (MCU013287) that established a master plan approving a number of precincts (residential, town centre and open space) and a suite of codes to form a Plan of Development (POD), which overrides version 6.2 of the Redland Planning Scheme (RPS). A minor change to this approval was granted in 2019, which involved minor amendments to the POD and removal of redundant conditions that were satisfied through lodgement of additional plans and reports (MCU18/0220).

Southern Redland Bay Wastewater Treatment Plant (SRBWWTP)

Changes made to the South East Queensland Regional Plan in 2017 (SEQRP) resulted in additional land (the subject of this application) being included in the urban footprint (refer to figures 4 and 5). To future proof infrastructure planning for the area, Council resolved on 8 August 2018 (see attachment 4) to include this additional land within the design and sizing of the sewerage treatment solution being planned for the Shoreline PA, subject to a future infrastructure agreement (IA). This infrastructure agreement between Council and Lendlease was subsequently signed on 21 November 2023.

On 25 June 2021, notice was given under s38 of the PAct that a Ministerial Infrastructure Designation (MID) for the SRBWWTP (ref: MID1120 0458), which is to be located on a site located approximately 1.5km to the south of Shoreline PA area, had been approved. The SRBWWTP will treat sewerage to a tertiary level, which will then be discharged via a freshwater storage lagoon and constructed mangrove system, to the Logan River.

· Figures 4 & 5 – Shoreline masterplan (including expansion area) superimposed with changes to the urban footprint

Southern Redland Bay Expansion Area (SRBEA) Structure Plan

The developer consortium (comprising Halcyon, Villawood and Lendlease) presented to various Council business units on 17 June 2020 about the proposed structure planning process being undertaken within the SRBEA. The extent of the SRBEA is shown in figure 4 and comprises a total of 82.9ha. The intent of the presentation was to provide an update on work currently underway within the area and to seek feedback from the relevant sections of Council.

At its General Meeting of 19 August 2020, Council considered a report on the preferred approach for planning investigations of the SRBEA. The report sought for Council to make a decision on whether it:

· Would support a developer-funded structure plan;

· Intended to prepare a structure plan; or

· Intended to ‘do nothing’.

At the meeting, Council resolved to leave the report ‘lying on the table’ and as a matter of urgent business write to State Government seeking clarification on the reasoning behind the very late inclusion of the SRBEA within the urban footprint of the SEQRP in August 2017. The report remains on the table, meaning Council is yet to make a decision on this matter.

Members of the consortium have consequently lodged separate development applications over these land parcels.

Figure 6 – Southern Redland Bay expansion area (SRBEA)

Assessment Framework

The application has been made in accordance with the PAct and the DA Rules and constitutes an impact assessable application for material change of use under City Plan.

In accordance with section 45 of the Planning Act 2016:

‘(5) An impact assessment is an assessment that—

(a) must be carried out—

(i) against the assessment benchmarks in a categorising instrument for the development; and

(ii) having regard to any matters prescribed by regulation for this subparagraph; and

(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.

Examples of another relevant matter—

• a planning need

• the current relevance of the assessment benchmarks in the light of changed circumstances

• whether assessment benchmarks or other prescribed matters were based on material errors

(6) Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5), assessing a development application against or having regard to—

(a) a statutory instrument; or

(b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument.

(7) The assessment manager must assess the development application against or having regard to the statutory instrument, or other document, as in effect when the development application was properly made.

(8) However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to—

(a) if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or

(b) another statutory instrument—

(i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and

(ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made.

Section 31 of the Planning Regulation 2017 identifies that:

‘(1) For section 45(5)(a)(ii) of the Act, the impact assessment must be carried out having regard to—

(a) the matters stated in schedules 9 and 10 for the development; and

(c) if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d) if the prescribed assessment manager is a person other than the chief executive—

(i) the regional plan for a region; and

(ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii) for designated premises—the designation for the premises; and

(e) any temporary State planning policy applying to the premises; and

(f) development approval for, and any lawful use of, the premises or adjacent premises; and

(g) common material.

common material, for a development application, means—

(a) all the material about the application that the assessment manager receives before the application is decided, including—

(i) any material relating to a proposed development application that is substantially similar to the development application as made; and

(ii) any material attached to, or given with, the development application; and

(iii) any material relating to the application given to the assessment manager after the application is made; and

(iv) any referral agency’s response, including any advice or comment given by a referral agency and any response given under section 57 of the Act; and

(v) any properly made submissions about the application, other than a submission that is withdrawn; and

(vi) any other submission about the application that the assessment manager has accepted; and

(vii) any other advice or comment about the application that a person gives to the assessment manager; and

(b) if a development approval for the development is in effect—the approval; and

(c) an infrastructure agreement applying to the premises.

Pursuant to section 45(5) of the PAct, the application was assessed against the following applicable assessment benchmarks.

· City Plan Version 5:

o Strategic framework

o Rural zone code

o Reconfiguring a lot code

o Healthy waters code

o Infrastructure works code

o Landscape code

o Transport, servicing, access and parking code

o Environmental significance overlay code

o Bushfire hazard overlay code

o Flood and storm tide hazard overlay code

o Landslide hazard overlay code

· State Planning Policy 2017, Part E

· South East Queensland Regional Plan 2017

· Planning Regulation 2017, Schedule 11

· Planning Regulation 2017, Schedule 12A

Pursuant to section 45(5) of the PAct, Council had regard to the following matters in its assessment of the application:

· Existing approvals on adjoining land (Shoreline & Bayview)

· Development applications lodged on adjoining land (Shoreline Lot 12 (MCU22/0013) and Villawood (MCU21/0065)

· Council resolution on the Shoreline sewer servicing strategy

· MID for SRBWWTP

· Shaping SEQ 2023

· Draft Redland Housing Strategy

· Common material, including written submissions accepted by the assessment manager

Comments received

External comments received

Council has received comments that form part of the common material to the application. Council has had regard to this information in the assessment of the application, as outlined above.

State Assessment Referral Agency (SARA)

SARA provided a referral agency response, dated 13 October 2023, in regard to a State-controlled road (refer to attachment 5). SARA’s response indicates no objection to the proposed development, requiring referral agency conditions be imposed that provide:

· Road works comprising a 4-way signalised intersection to Serpentine Creek Road and Kidd Street.

· Upgrades to the Beenleigh-Redland Bay Road, Mount Cotton and Skinners Road intersection.

· Construction of a 2m – 3.5m high acoustic fence along the Serpentine Creek Road frontage.

The Department’s referral response will be attached to Council’s decision notice.

Public notification

The application was publicly notified for 32 business days from 21 June 2021 to 3 August 2021. A notice of compliance for public notification was received on 4 August 2021. There were no properly made submissions received in relation to the application during the notification period and no informal submissions accepted as common material to the application.

Internal comments received

The assessment manager has received assessment advice from the following Council teams/officers:

· Engineering assessment

· Environmental assessment

· Landscaping

· Arborist

· Health and environment

· Infrastructure planning and charging

· Strategic planning

· Survey services

· Civic and open space management

The assessment advice received has been considered by the assessment manager in assessing the development application.

Decision Making Rules

Section 60 of the PAct states that:

(3) To the extent the application involves development that requires impact assessment, and subject to section 62, the assessment manager, after carrying out the assessment, must decide—

(a) to approve all or part of the application; or

(b) to approve all or part of the application, but impose development conditions on the approval; or

(c) to refuse the application.

(5) The assessment manager may give a preliminary approval for all or part of the development application, even though the development application sought a development permit.

(6) If an assessment manager approves only part of a development application, the rest is taken to be refused.

Section 49(2) of the PAct is relevant to a preliminary approval, providing that:

‘(2) A preliminary approval is the part of a decision notice for a development application that—

(a) approves the development to the extent stated in the decision notice; but

(b) does not authorise the carrying out of assessable development.’

PART A ASSESSMENT – Preliminary approval

Consistency with the planning framework

Urban Footprint

The SRBEA land was included within the urban footprint when the South East Queensland (SEQ) Regional Plan (known as ShapingSEQ) commenced in 2017.

On 24August 2020 Council sought information from the State government regarding why the land had been included in the urban footprint. Council noted that there was sufficient land within the urban footprint to accommodate growth until 2041, that the land in question was located outside of the ‘investigation zone’, with limited justification/investigation provided for expanding the urban footprint in this location.

The response from the State, dated 21 October 2020, countered that the extension of the urban footprint in ShapingSEQ included additional parcels of land that represented, ‘a logical extension of the existing urban footprint from Redland Bay and was based on land suitability’. The State considered submissions regarding land adjacent to the draft urban footprint (namely, the Shoreline land) and determined that the SRBEA land would benefit from existing and planned infrastructure that was committed to the Shoreline development. Further, the State formed a view that as City Plan did not spatially define the ‘investigation area’, this area was considered to apply more broadly to the Southern Redland Bay area, rather than be ‘restricted by zoning as was the case in the superseded Redlands Planning Scheme’.

Council wrote again to the State on 18 December 2020, to advise that Council had passed a number of resolutions not to support further amendments to City Plan in the south of the city unless there was a commitment by the State to deliver upgrades to the State infrastructure network. However, Council acknowledged that despite its view that it had a sufficient quantum of land to accommodate population growth for the life of ShapingSEQ, the State has ultimate decision making authority with regard to extending the urban footprint to include the SRBEA.

South East Queensland (SEQ) Regional Plan 2017 (ShapingSEQ 2017)

At the time the development application was properly made ShapingSEQ was in effect. ShapingSEQ is not reflected in City Plan and the development application should therefore be assessed against it. ShapingSEQ states [emphasis added]:

‘The Urban Footprint also includes some areas designated or already developed for rural and rural residential purposes that are located near urban services and facilities. Local governments must investigate these areas for urban redevelopment opportunities as part of their planning scheme reviews.

Shaping SEQ relies on local government planning schemes to determine the most suitable zone for each land parcel within the Urban Footprint. The development assessment process determines the extent and suitability of development on each site.’

The subject site is located within the urban footprint, is currently zoned rural under City Plan and is located adjacent to the approved master planned urban community of Shoreline. While Council is expected to investigate this area for urban redevelopment opportunities as part of a planning scheme review, Council’s adoption of a new City Plan is still several years away (due in 2028). Until that time, therefore, it will be the development assessment process that will have to determine the extent and suitability of the land for urban purposes.

In accordance with Chapter 4 of ShapingSEQ, the proposed development is to be assessed against the following parts of ShapingSEQ, to the extent relevant:

· Chapter 3, Part A: Goals, elements and strategies

· Chapter 3, Part C: Sub-regional directions.

An application conflicts with ShapingSEQ if it does not comply with these sections. If there is an inconsistency between the strategies and sub-regional directions, the sub-regional directions prevail.

Of relevance, Goal 1: Grow, identifies a number of elements and strategies. Of relevance is element three (3) (new communities), which requires new communities to support a consolidated urban settlement pattern, to maximise the use of existing infrastructure and the delivery of high-quality communities. The strategy seeks to ensure that the planning and delivery of land use and infrastructure for new communities are integrated and sequenced and deliver complete communities in a timely manner. Element 4: Housing diversity, seeks to provide a mix of dwelling house types and sizes in consolidation or expansion locations and to support innovative solutions for housing to cater for a diverse range of community needs, including an aging population.

Under Part C: Sub-regional directions, Southern Redland Bay is identified as a major expansion area, which are areas that are proposed to be developed as high-quality new communities.

As identified by the State in its reasoning for including the SRBEA land within the urban footprint, the development of this land for urban purposes would support a consolidated urban settlement pattern and maximise use of the infrastructure planned for the Shoreline urban community. Most notably, this includes the SRBWWTP which has been designed and sized to cater for the expanded urban footprint. The proposed relocatable home park for the over 50’s will be contributing to housing choice and diversity within the Redlands Coast and catering for an aging population. The development is also consistent with the sub-regional directions of ShapingSEQ by providing residential land supply within an area identified as a major expansion area.

It is acknowledged that Council does not seek to rely on the SBREA land to achieve its dwelling supply benchmarks, considering it has sufficient appropriately zoned land in the City to meet these targets to 2041 (including the Shoreline land). Regardless, the site is considered to be a logical extension of the Shoreline master planned urban community and would benefit from the infrastructure and facilities being provided for this community (for example, parks and open space, town centre and community facilities). Subject to key issues being addressed through the development assessment process, discussed below, residential development on the site in the form proposed is considered consistent with ShapingSEQ.

City Plan

Under City Plan, the site is still located within the rural zone, noting that a major amendment to City Plan has not been made since the site was included in the urban footprint in 2017, as discussed above. The purpose of the rural zone is to ‘provide for a wide range of primary production activities while protecting natural resources and significant environmental and landscape values’. As the development proposes a large residential development which is not a primary production activity and not envisaged within the rural zone, the development conflicts with the rural zone code.

Strategic Framework of City Plan

Impact assessable development requires assessment against the entire City Plan, including the strategic framework (Part 3 of City Plan), which sets the policy direction for City Plan. In accordance with section 1.5 of City Plan, the strategic framework prevails over all other elements to the extent of any inconsistency for impact assessment. While the site is not located within the emerging community zone, for the reasons set out above, the planning interests set out in the newly developing communities’ section of the strategic framework are considered to be applicable to the development of this area.

The following sections of the strategic framework are therefore relevant [emphasis added]:

‘3.3.1.4 Newly developing communities

4) Development facilitates the retention or enhancement of significant waterway and habitat corridors and other areas of environmental significance.

5) Development makes provision for local services and social infrastructure to meet community needs, including public open space and recreational facilities, schools and child care facilities and neighbourhood centres.

8) Unless included within the priority infrastructure area, development does not proceed until all local and trunk infrastructure requirements (both state and local) can be met by the development proponents, and an agreed funding mechanism established.

9) The Southern Redland Bay area has been identified as a possible option for longer term, future urban growth. Substantial investigations will be required of physical constraints and values, including koala habitat, ecological functions, natural hazards, mosquito risk, scenic quality and infrastructure requirements and costs and alternative growth strategies before the suitability of this area for development can be determined.’

‘3.4.1.10 Rural zone

1) Redlands has a strong and diverse rural economy with a mix of agricultural and horticultural uses, animal husbandry, and value-adding and complementary activities associated with rural production. A wide range of activities, including composting operations, biodigesters, cropping (including forestry and horticulture), intensive horticulture and wholesale nurseries, aquaculture and intensive animal industries (including poultry farms and niche livestock) may occur on rural zoned land.

7) In order to protect the landscape character, rural and semi rural amenity, biodiversity values and opportunities for primary production, further fragmentation of rural land is avoided. All rural land is protected from fragmentation, regardless of whether it is identified as agricultural land class A or B.

12) Development avoids or mitigates impacts on the natural environment, and maintains a connected network of habitat areas and ecological corridors.’

3.1.1.1 ‘Infrastructure

6) Development does not occur outside the priority infrastructure area (PIA) unless the full spectrum of urban infrastructure can be provided in an efficient and timely manner, without reducing the standard or delaying the provision of infrastructure to areas within the PIA.’

Whilst residential development does not support the rural zone objectives under the strategic framework or rural zone code, it is considered the proposed development is consistent with the objectives of the newly developing communities provisions of the strategic framework in City Plan and the State policy intent for land within the urban footprint, for the following reasons:

· The proposed development is a result of an iterative structure planning process, which involved extensive site investigations that have determined the proposed land use and infrastructure outcomes are suitable, therefore supporting section 3.3.1.4 newly developing communities of the strategic framework.

· Through cooperation between the land holders of the SRBEA land and Shoreline, the SRBEA structure plan is able to be delivered, removing barriers created by fragmentation of land, and providing efficiencies such as a reduction in the need for stormwater detention infrastructure and the delivery of environmental corridors and public open space. Further, the land is not currently used for an agricultural purpose and therefore does not impact on land used for a primary production purpose.

· The proposed development layout provides for protection and enhancement of habitat areas within an open space environmental corridor that, in accordance with the SRBEA Structure Plan, will connect to corridors on adjoining land and connect the Moreton Bay foreshore to the Bayfield Conservation Area to the west.

· The development is able to mitigate its impacts on environmental values through creation of an environmental corridor, with compensatory planting to achieve a net environmental benefit over time.

· The proposal will not compromise the function of any centre, including the approved Shoreline town centre precinct on the eastern side of Serpentine Creek Road, or any other existing uses.

· A neighbourhood park and trunk cycleway are to be provided, which will be providing public open space and recreational facilities to meet the needs of the future community.

However, whilst the development is consistent with the objectives of the newly developing communities section of the strategic framework in City Plan, it is acknowledged that the site is not currently zoned as an emerging community and therefore conflicts with the Strategic Framework of City Plan.

In accordance with section 45(5)(b) of the PAct, however, weight may also be given to other relevant matters in the assessment of an impact assessable application. It is considered that these matters should be weighted heavily in the assessment of the application and that the planning circumstances in support of the development have moved now away from the conflict with the current zone.

These matters are discussed in the following sections.

Southern Redland Bay Wastewater Treatment Plant

The IA for the Shoreline PA required the developer to construct a reticulated sewer system to service the development, including providing a wastewater treatment plant (WWTP) for the expected 10,000 new residents within the Shoreline development project. With ShapingSEQ expanding the urban footprint in Southern Redland Bay, Council resolved in August 2019 that the future WWTP should be built to service this broader area, equating to a total population of 13,500 equivalent persons (EP) being serviced by this new treatment plant.

The location of the WWTP (as shown in figure 7) was approved by the Queensland Minister for State Development, Infrastructure, Local Government and Planning (the Minister) on 24 June 2021 through a MID process (see background section of this report). The WWTP will be delivered by the Shoreline developer as part of its IA obligations under the Sub-regional Sewerage and Recycled Water Infrastructure Agreement (sub-regional sewer IA), but ultimately owned and operated by Redland City Council.

The WWTP will initially be constructed to meet the Stage 1A development capacity of 3,375 EP. Stage 1B will increase the WWTP capacity to 6,750 EP and Stage 2 will further increase capacity to 13,500 EP (the ultimate capacity of the WWTP).

While the Shoreline developer is only required to build a plant servicing the Shoreline development, it plans to deliver the entire treatment plant (in stages) and ultimate sewer network for Shoreline, with this infrastructure paid for by the Shoreline developer and the proponents of future development in the broader area (including the SRBEA), who will also benefit from this infrastructure. The applicant has entered into a Memorandum of Understanding (MOU) with the Shoreline developer to obtain access to the WWTP and an agreement to contribute to the cost of the infrastructure.

This represents a significant long-term investment in infrastructure and planning for this broader catchment and is considered to be more efficient and cost effective then potentially retrofitting a sewer solution for the broader area, at a later stage, which may come at cost to Council.

The WWTP, including the funding mechanisms, are discussed further in the ‘sewer infrastructure’ and ‘infrastructure charges’ sections of this report.

Figure 7 – Location of WWTP plus sub-regional context (source: Saunders Havill Group 2020)

ShapingSEQ 2023

Following the Queensland Housing Summit in October 2022, the Minister announced that the review of ShapingSEQ would be fast tracked, with a focus on addressing the current housing crisis. ShapingSEQ 2023 subsequently took effect on the 15 December 2023 and amends ShapingSEQ 2017.

ShapingSEQ 2023 proposes significant increases to both the population (an extra 49,800 residents by 2046, representing 31% growth on the 2021 figures) and dwelling projections (an extra 19,800 dwellings by 2046, representing 31% growth on 2021 figures) for the Redlands Coast, with a dwelling growth ratio of 70/30 consolidation/expansion. This will be made up of approximately 12,400 detached and 7,400 attached dwellings. It also identifies dwelling diversity sub-targets relevant for each local government area (LGA) to 2046, which on the Redlands Coast seeks for attached dwelling stock to make up an increased proportion of new dwelling growth. In practical terms, the aim is to move from a detached/attached split of 83%/17% in 2021 to 78%/22% by 2046.

Relevant key changes under the ‘Grow’ theme (for the region) include:

· A greater emphasis on consolidation, noting there is limited unconstrained land remaining in SEQ for expansion.

· A focus on unlocking underutilised land in the Urban Footprint.

· To facilitate increased gentle density across SEQ in consolidation and expansion areas (such as free-standing small lots or freehold title terrace-style development).

· Unlocking new models and diverse forms of homes (size and built form) for housing delivery, including build to rent, co-housing and micro-housing.

· To support and promote accessible, safe, secure and affordable housing choice for people with disability and older people.

The proposed development aligns with a number of the strategic objectives outlined in draft ShapingSEQ 2023, particularly in respect to meeting dwelling supply targets, unlocking underutilised land within the urban footprint, promoting the efficient use of existing and planned infrastructure and unlocking new models and diverse forms of homes. With regard to the latter, it is noted that the proposal is for a unique housing product that will cater for the needs of retirees looking to downsize and stay in the area.

Draft Redland Housing Strategy

The Draft Redland Housing Strategy (the draft Housing Strategy) was released for public consultation on 16 October 2023. The draft Housing Strategy seeks to deliver greater housing supply and diversity through a range of targeted interventions, as outlined in the implementation plan. Of note, the draft Housing Strategy identifies that Redlands has an ageing population and is an attractive location for retirees. It states that [emphasis added]:

‘The higher incidence of persons aged 65+ coupled with the increasing average age, suggests a need to provide downsizing opportunities for older people living in Redland, both in the form of smaller dwellings and age specific housing typologies, such as retirement villages, residential care facilities, manufactured home parks and co living solutions targeted at the 50+ population.’

One of the actions identified by the draft Housing Strategy, is for Council to:

‘Undertake a broader review of the categories of assessment and City Plan provisions around other aged care housing typologies, such as residential care facilities and relocatable home parks and amend City Plan accordingly.’

Whilst noting that the strategy is only a draft, the development, which seeks approval for a relocatable home park to provide manufactured homes for the over 50‘s population, is generally consistent with the strategic intent of the document and this is unlikely to change when the strategy is finalised.

Conclusion

While the site is currently located with the rural zone and Council considers there is sufficient residential zoned land in the City to accommodate residential growth to 2041, ShapingSEQ prevails to the extent of any inconsistency with City Plan, and thereby provides a rationale for supporting the development in meeting the ShapingSEQ growth strategies for land that has trended away from an agricultural purpose, is relatively unconstrained and preserves habitat corridors.

As justified by the State for including the SBREA land within the urban footprint, the site represents a logical extension of the existing urban footprint from Redland Bay and would benefit from the existing and planned infrastructure committed to the Shoreline master planned community.

This is further supported by Council resolving in August 2019 that the infrastructure being planned to service the Shoreline development, should be designed and sized to cater for this broader area (which includes the SRBEA land), and should be subject to a future infrastructure agreement. This infrastructure agreement between Council and Lendlease was subsequently signed on 21 November 2023 and secures delivery of the infrastructure at no cost to Council. The SRBWWTP has now also been approved through a MID process and its delivery is therefore expected in the next two (2) to three (3) years.

The proposed development is also generally consistent with emerging policy as outlined in ShapingSEQ 2023 and the draft Housing Strategy, specifically by consolidating urban development on land within the urban footprint and contributing to housing diversity for an aging population. It is considered that these matters should be weighted heavily in the assessment of the application and that the planning circumstances in support of the development have moved now away from the conflict with the current zone.

Environmental values

As can be seen in figure 8 and 9 below, the development layout generally seeks to incorporate the majority of the existing environmental values on the site (being matters of both state and local environmental significance) into either a private environmental corridor precinct or a conservation precinct, which is to be dedicated to Council. The impact of the development on these values is discussed further below.


*Figure 8 – Core koala habitat (dark green). Source: Saunders Havill, Koala Assessment Benchmark Report*	*Figure 9: Proposed precinct layout*

Koala Legislation- Planning Regulation 2017 - Schedule 11

The assessment benchmarks under Schedule 11, Part 4 state:

(1) The following matters are assessment benchmarks for the development—

a) the development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas—

i. within a koala habitat area on the premises; and

ii. between a koala habitat area on the premises (the first area) and a koala habitat area or ecological corridor within 200m of the first area;

Examples of an ecological corridor— an ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument.

b) either—

i. each building, structure or works associated with the development is at least 50m from a koala habitat area; or

ii. the development complies with each of the criteria stated in subsection (2).

(2) For subsection (1)(b)(ii), the criteria are as follows—

a) any change to the condition of soil as a result of the development does not adversely affect a koala habitat area;

Examples of changes to the condition of soil—

• the addition of nutrients to the soil

• the erosion of the soil

• the compaction of the soil

b) any alteration of hydrological flows as a result of the development does not adversely affect a koala habitat area;

c) any landscaping associated with the development that involves planting non-native vegetation does not adversely affect a koala habitat area;

d) the development does not adversely affect a koala habitat area by resulting in the increased growth or spread of weeds in the koala habitat area;

e) a building, structure or works associated with the development is located to minimise the amount of vegetation required to be cleared for safety purposes.

Examples of clearing for safety purposes— clearing for a fire break or to reduce risks from falling branches.

The subject site falls within the koala priority area and has three areas mapped as core koala habitat, as shown in figure 8 above.

The applicant has demonstrated compliance with Schedule 11 by demonstrating that the development will be sited, on average, 20m away from the mapped core koala habitat and that there will be no adverse impact to koala habitat areas on the basis that:

· The development will provide safe koala movement measures between koala habitat areas through the enhancement of a central environmental corridor precinct (approximately 50-100m wide) that aligns with mapped koala habitat areas. Additionally, a fauna underpass is proposed to be installed where a single internal road intersects the corridor. This will be conditioned to be in accordance with the state’s guidelines for safe fauna and koala road design. Furthermore, development infrastructure will not encroach into the koala habitat areas.

· Soil Characteristics:

o The extent of works is well separated from the Tree Protection Zones (TPZ) of the mapped Koala Habitat Area (KHA), being contained within the buffer area of the proposed private environmental corridor;

o Run off from the development will be treated in accordance with the stormwater management plan submitted with the application such that it does not have an adverse impact on water or soil quality; and

o There are no activities that would otherwise alter the soil characteristics of the core koala habitat.

· Hydrology:

o In terms of water quality, the provision of bioretention will ensure that the quality of stormwater discharging to the environmental corridor will not be worsened.

o With regard to quantity, no flood detention is required for the development given the proximity to Moreton Bay and as a result, minor water level increases up to 60mm in the 1% Annual Exceedance Probability (AEP) are predicted. Impacts are lower in more frequent events.

o Any water level increase is predicted to be generally short in duration, with any additional inundation anticipated to be dispersing on a scale of minutes.

o In addition, the proposed on-site bioretention has not been included in the hydraulic modelling and therefore, impacts will be even lower in reality.

o Critically, Melaleuca species are tolerant of inundation for 3 to 6 months a year and therefore the proposed short-term increase of up to 60 mm in the 1% AEP scenario is highly unlikely to significantly impact or alter the vegetation composition.

· Landscaping:

o Landscaping and rehabilitation will generally be native and based on local regional ecosystems and to be further assessed at subsequent operational works stage.

· Weeds:

o As above, landscaping and rehabilitation will be based on local regional ecosystems and to be further assessed at subsequent operational works stage. A vegetation management plan will also inform weed management. The development will be required to manage weeds, including through the maintenance period.

· Location of buildings:

o The edge of built development abutting the KHA is setback resulting in no clearing within the KHA and to allow a satisfactory buffer area between the retained environment and disturbance. A bushfire assessment has been completed and identifies a buffer of 16.2m between retained vegetation and the built environment. A buffer of at least 20m has been adopted to provide a larger buffer distance and minimise potential encroachment into the buffer.

Accordingly, the requirements of Schedule 11 have been met by the proposal.

Environmental significance overlay code

The site contains areas mapped as matters of local environmental significance (MLES) under the environmental significance overlay. Areas of intact vegetation will generally remain so and will be enhanced as part of the environmental corridor – core area sub-precinct. However, less intact MLES mapped vegetation in open paddock areas to the south-east and north-west will be removed to facilitate the development. Edge effects on the core habitat area will also be minimised by the fringe precinct providing a buffer to the core area, which will ensure its ongoing condition and resilience. Detailed rehabilitation plans have been provided for the re-planting of the environmental corridor (refer to attachment 6), which will be further assessed through future operational works applications (made assessable by the HDC). Although a large part of the corridor will be retained in private ownership, the ongoing protection of the values within it will be protected through the HDC, State mapping and approved documents.

The proposed development will result in the unavoidable clearing of 1,084 Non-Juvenile Koala Habitat Trees (NJKHTs) with a further 11 NJKHTs potentially cleared on the basis of arborist advice at the time of clearing works. In accordance with the Environmental Offset Policy, this plan will deliver a 3:1 offset of Koala Habitat Trees (KHT) for every NJKHT removed. This will result in the planting of a minimum 3,285 KHT within disturbed areas of the corridor at a density of one (1) tree per 10m² in core areas and one (1) tree per 12m² in fringe areas (to align with Bushfire Management Plan and Biting Insects Management Plan requirements).

‘Part’ lot within the environmental land dedication

The following assessment benchmarks of the environmental significance overlay code are relevant to the assessment:

PO3
Development does not cause substantial fragmentation of habitat areas.

PO5
Edge effects on retained habitat areas are minimised by providing the smallest possible perimeter to area ratio.

PO6
The design, scale and intensity of development minimises impacts on retained habitat.

PO7
Retained habitat is protected to ensure its on-going condition and resilience, and to avoid degradation as a result of edge effects.

PO11
Development minimises potential for disturbance of wildlife as a result of noise, light, vibration or other source.

As discussed further in the reconfiguring a lot assessment below, the boundaries of the site are being re-aligned so that the southern-west corner, which contains the public park, open space and environmental values, will be dedicated to Council.

However, there is proposed to be an area of private open space for use by the relocatable home park – as shown in figure 10. Insufficient information has been provided to justify the private use of this area, which would sit within the lot being dedicated to Council and may result in associated edge effects and degradation on the retained habitat area. This part lot will therefore be removed from the plans.

Figure 10: Part lot (area in red) proposed within land to be dedicated to Council

Subject to this amendment, the proposal suitably avoids, minimises, or mitigates impacts on matters of local and state environmental significance, in accordance with the overall outcomes of the environmental significance overlay code.

Access and traffic

The purpose and overall outcomes of the transport, servicing, access and parking code are relevant to the assessment [emphasis added]:

(1) The purpose of the transport, servicing, access and parking code is to ensure traffic, movement and end of trip facilities are managed appropriately.

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

(1) The safety and efficiency of the movement network is maintained;

(2) development provides for a high level of accessibility, safety and convenience for pedestrians and cyclists;

(3) development is provided with safe and functional vehicular access and on-site parking;

(4) development facilitates clear and safe vehicle movements both on and off the site;

(5) car parking areas and structures are located and designed to minimise their visual impact, interruption of the streetscape and impact on pedestrian accessibility; and

(6) impacts on the surrounding environment and amenity are minimised.”

The development will be connected to:

· Kidd Street to the north; and

· Intersection C on Serpentine Creek Road to the south.

The timing and delivery of access to the site is therefore dependant on either the Villawood application to the north (MCU21/0065) or the Shoreline approvals to the south, whichever develops first. The applicant is therefore accepting of a condition, which stipulates that the use cannot commence until lawful access is provided to the site via a dedicated road reserve and constructed road to either Kidd Street or intersection C on Serpentine Creek Road.

It is noted that the development has also been conditioned by SARA to construct the intersection at Kidd Street and Serpentine Creek Road, which is required to be completed prior to the commencement of use.

Subject to this condition, the development will provide a safe and functional vehicular access to the site.

Internal road network

The development will be serviced by a private internal road network, which will be maintained by the proponent. The internal road network is designed to:

· Create a low-speed environment and shared use space for pedestrians; and

· Allow sufficient width for turfed verges and provide private service corridors for sewerage, water, electrical and telecommunications.

The internal road design will be constructed in accordance with the road types identified in the HDC, which are considered to be suitable in width to allow clear and safe vehicle movements, given the low-speed environmental proposed. Detailed designs for the access, parking areas and internal driveways will be provided as part of conditioned works assessment.

Stormwater management

The purpose of the healthy waters code states:

(1) The purpose of the healthy waters code is to ensure that development manages stormwater run-off and protects the receiving waterways.

Stormwater quantity

In accordance with the applicant’s Stormwater Management Plan (SMP) (refer to attachment 7), the management of stormwater quantity on site is not required as stormwater from the site will be conveyed east under Serpentine Creek Road and discharged into adjoining properties in accordance with the reciprocal discharge agreement between relevant landowners (see figure 11).

A map of a neighborhood

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Figure 11: Stormwater discharge concept layout plan

Upgrades to Serpentine Creek Road are required as a result of development within the SBREA and this is the case for the Shoreline development. Where flows are predicted to increase at Serpentine Creek Road, upgrades to the existing cross-drainage are proposed as part of the future Serpentine Creek Road redevelopment and widening works. Culverts at discharge points B and C to Serpentine Creek Road are to be sized for the fully developed catchment and will be required to be in place prior to any upstream development occurring.

The SMP is considered acceptable in principle, with the detailed designs being subject to future operational works applications.

Stormwater quality

The development proposes two (2) bioretention basins within the fringe sub-precinct of the private environmental corridor and a total of 131 Stormsacks and 299 SPEL filters. All stormwater treatment devices will remain in private ownership.

The model for urban stormwater improvement conceptualisation (MUSIC) data provided indicates all pollutant load targets can be met with respect to acceptable outcome AO9.1 of the healthy waters code. As such, the development is considered to comply with the purpose of the healthy waters code, with detailed design to be assessed as part of a future operational works application.

Flooding

The subject site is mapped as containing flood prone land, which correlates with the open space network on the site. Part of the proposed residential land is affected by this overlay (refer figure 12). The purpose of the flood and storm tide hazard overlay code is relevant to the assessment:

The purpose of the flood and storm tide hazard overlay code is to ensure that risk to life, property, and the environment as a result of flood and storm tide inundation, as well as drainage constraints on the southern Moreton Bay Islands, is mitigated to an acceptable or tolerable level, and that risks are managed having regard to changes associated with climate change.

No residential development is to be located in flood prone land. There is an internal road crossing, which will be designed to achieve the Q100 flood immunity. Consequently, a trafficable road route for evacuation will be available, either to the north or through the southern access points. Risks associated with flood inundation will therefore be suitably managed.

Figure 12: Flood prone land (Source: Red-e-map 2023)

Infrastructure

Sewer

The following assessment benchmarks are relevant to the assessment of sewer infrastructure:

Infrastructure works code

PO11
‘Wastewater is treated and disposed of in a manner that is sufficient for the volume of wastewater generated on the site and to a level that ensures risks to public health, water quality and the environment are minimised.’

Based on the master planning for the southern Redland Bay area, this development will be serviced by the proposed SRBWWTP located south of the Shoreline area, as discussed above. The applicant has entered into an MOU with the Shoreline developer to obtain access to the SRBWWTP and agrees to contribute to the cost of the infrastructure which will service the SRBEA land.

However, timing for provision of this infrastructure is still uncertain and further, in the unlikely event that the WWTP is not delivered or is significantly delayed, it is necessary to consider how the site will be serviced by sewer infrastructure in the interim.

Tankering

The applicant has provided a letter from Logan City Council confirming there is sufficient capacity (up to 70 residential lots) to accept tankered wastewater, subject to the execution of a suitable tankering agreement, at Loganholme Wastewater Treatment Plant.

The application proposes an on-site collection point (as shown in figure 13) which is sited to the north-east boundary of the site. There will be a buffer zone around the collection point, within which residential development (or any associated uses) will not be able to occur.

The execution of a tankering management plan is a recommended condition for the tankering of the 70 residential dwellings, which is to demonstrate that the wastewater is accepted by a utility provider, outside of the Redlands Coast. Detailed plans of the tankering facility will be required as part of a future application for operational works and has been recommended as a condition accordingly. A condition is also recommended that stipulates only the first 70 dwellings are to be serviced by way of a tankering solution.

Figure 13: Proposed tankering concept plan

A security bond to the value of $1,196,170.28 is a recommended condition, in the unlikely event that Council would need to accept wastewater at a WWTP within the Redlands Coast, involving the construction of a rising main to Victoria Point Wastewater Treatment Plant, or another solution to the satisfaction of Council.

Interim sewer solution

The applicant has submitted an ‘Options Assessment and Sequencing for Sewer associated with the SRBEA development area’ to Council which considers options for an interim sewer solution for the SRBEA land (refer to attachment 8). These options involve the construction of a sewer pump station and interim rising main, which will be constructed and connected to the SRBWWTP once is operational (see figure 14). It is noted that the options will require further approvals in the form of operational works and either consent from DTMR or landowners on the eastern side of Serpentine Creek Road, depending on the alignment chosen. Conditions of approval however will state that only a certain number of properties can be serviced via tankering. Once that threshold is exceeded, the use of further stages must not commence until the development is connected to the SRBWWTP through either an interim or ultimate operational reticulated sewerage system. Subject to these conditions, it is considered that the development would be capable of being serviced by wastewater infrastructure in the short to long term.

Figure 14: SRBEA Interim sewer solution. Source: Stantec September 2023

Water

The following assessment benchmarks are relevant to the assessment of water supply infrastructure:

Reconfiguring a lot code

PO37
‘New lots provided with services including water supply, wastewater infrastructure, stormwater drainage, waste disposal, electricity and telecommunications that are designed and located to:

1. meet the needs of end users;

2. minimise risk of adverse environmental and amenity impacts;

3. to be cost effective over the life cycle of that infrastructure;

4. make effective use of existing infrastructure;

5. allow orderly and efficient infrastructure extensions and upgrades; and

6. minimise whole of lifecycle costs of the infrastructure.’

Infrastructure works code

PO9
‘A reliable water supply is provided that is sufficient to meet the anticipated use of the premises, including potable and non-potable requirements.’

Two 375mm diameter water mains and the North Stradbroke Island (NSI) main connection will be required to service the SRBEA developments and Shoreline ultimately. It is proposed that both mains will be installed and commissioned at the same time by one of the other developers within SRBEA, i.e., as part of the intersection works to Kidd Street and Serpentine Creek Road. The design of these water mains is subject to Seqwater approval for the water main, currently being negotiated with Council.

Subject to conditions and terms set out in the IA, the development is able to connect to a water infrastructure, which will be sufficient to meet the anticipated demand, in accordance the assessment benchmarks.

Electricity/telecommunications infrastructure

The following assessment benchmarks are relevant to the assessment of electrical and telecommunications infrastructure:

Reconfiguring a lot code

1. meet the needs of end users;

2. minimise risk of adverse environmental and amenity impacts;

3. to be cost effective over the life cycle of that infrastructure;

4. make effective use of existing infrastructure;

5. allow orderly and efficient infrastructure extensions and upgrades; and

6. minimise whole of lifecycle costs of the infrastructure.’

Infrastructure works code

PO13
‘Electrical infrastructure is provided that meets the needs of the intended use and telecommunications infrastructure ensures access to conduits for fibre optics or secure wireless networking enabling the development of high speed broadband services.’

Future development on the site can be serviced by existing electrical and telecommunications infrastructure and will be conditioned accordingly.

Waste management

The following assessment benchmarks are relevant to waste management:

Infrastructure works code

PO15
‘Waste management facilities are provided such that:

1. there is a dedicated, sealed waste and recycling container storage area that is convenient and safe to use;

2. there is adequate volume and separate containers for waste and recyclables likely to be generated;

3. spills or wash down from waste containers can be adequately contained; and

4. nuisance to adjoining properties is minimised.’

Transport, servicing, access and parking code

PO20
‘Servicing and manoeuvring areas are located and designed to:

1. be clearly defined, safe and easily accessible;

2. be separated from areas of pedestrian movement within the premises or on adjoining premises;

3. provide for the vehicle dimensions and turning paths for the design vehicles expected to access the site;

4. maintains clear access to waste containers for collection vehicles;

5. ensures that service vehicles entering a site do not queue across footpaths or onto external roads; and

6. prevents any manoeuvring occurring within the defined queuing area.’

The development proposes on-site collection for all residential units, however insufficient information has been provided to demonstrate that a Heavy Rigid Vehicle (HRV) and waste collection vehicle can adequately service the site. It has also not been demonstrated how waste will be stored. Further details are therefore required to be provided for conditioned works assessment.

Subject to this, the development is considered to comply with performance outcomes PO15 of the infrastructure works code and PO20 of the transport, servicing, access and parking code.

Earthworks

The following assessment benchmarks are relevant to earthworks:

Infrastructure works code

PO1
Excavation and filling is minimised and does not reduce the amenity of adjoining properties or of individual lots or dwellings within a development site.

PO2

Excavation and filling involving retaining walls or structures ensures that they:

1. are of an appropriate scale so they do not overbear or dominate buildings/structures and land uses in the locality; and

2. where they are visible from a public place, are constructed of materials that are of a high quality appearance and/or incorporate landscaping or other features to assist in reducing their visual prominence.

PO3
Excavation and filling result in landforms and structures which are stable and designed to minimise the potential for failure over the long term.

PO4
Excavation and filling does not result in land or water contamination, or the spread of vermin or pest species.
Editor’s note—Applicants should note that where the development requires the disturbance of soil within a fire ant restricted area, a risk management plan may be required by approved by Biosecurity Queensland within the Department of Agriculture, Fisheries and Forestry.

PO17
Excavation or filling does not worsen any flooding or drainage problems on the site or on neighbouring properties.

Northern interface

Engineering concept plans for the development are provided in attachment 9. While bulk earthworks will be subject to future operational works approval, the applicant has provided indicative retaining wall plans for the external boundaries and interface with Serpentine Creek Road (refer to attachment 10).

Along the northern interface with the Villawood development, single tier concrete sleeper retaining walls are proposed which vary in height from 0m-3m (see figure 15). These walls will be retaining cut and will not therefore overshadow the development proposed on the adjoining northern lots (Villawood land). Future dwellings within the site itself can be designed appropriately and will screen the walls from public view.

Figure 15: Concept retaining walls on the northern interface

Western interface

As shown in figure 15 above, the development also proposes a section of retaining wall along the western boundary, which will abut a future road proposed as part of the Lendlease application (MCU22/0013).

These walls will also be retaining cut and therefore will not be visible from the future road and will only result in impacts internal to the site, which can be suitably managed through building design as demonstrated by figure 16.

Figure 16: Concept retaining walls/levels on the eastern boundary

Eastern interface to Serpentine Creek Road

The eastern side of the development which interfaces with Serpentine Creek Road generally proposes a dual tier retaining wall with a maximum height of 3m. There is also a section that contains a single tier retaining wall, up to 2m in height (see figure 17). An acoustic fence up to 3.5m high in some sections, is also required as part of the SARA referral response.

Figure 17: Concept retaining walls on the western boundary

As part of the two-tier retaining wall, the lower tier will be at a maximum height of 1.2m and the upper tier at 1.8m. Conditions of approval will require a 1m spacing between the two tiers to ensure landscaping can be established in order to soften its visual appearance.

As noted above, there is a section of wall proposed not to be tiered. The total height of this wall, when combined with the acoustic fence, would be 5.5m high. This section of wall would be particularly dominant within the streetscape and therefore it will be conditioned that this single tier wall be replaced with a dual tier wall, so that additional landscaping can be incorporated for screening. A 4m wide landscape buffer will also be established in front of these walls, as discussed further below.

Operational works for the earthworks will be required and the detailed design of the walls will be reviewed at that time. Accordingly, the development is considered to comply with, or can be made to comply though conditions, with performance outcomes PO1 to PO4 and PO17 of the infrastructure works code.

Landscaping

The purpose of the landscape code states:

“(1) The purpose of the landscape code to ensure that landscaping is designed and constructed to a high standard, provides a strong contribution to Redlands’ image, is responsive to the local character, site and sub-tropical climatic conditions and remains fit for purpose over the long-term.”

The infrastructure works code states [emphasis added]:

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

a) development is provided with a level of service that is appropriate for the use, and for the zone or precinct in which the land is located;

b) infrastructure is provided in a cost-effective and efficient manner;

c) infrastructure is designed and located to minimise whole-of- lifecycle costs;

d) infrastructure is integrated with the existing networks;

e) the design and operation of infrastructure does not result in adverse impacts on environmental or landscape values; and

f) development does not increase risks to people and property.

Serpentine Creek Road interface

Serpentine Creek Road is required to be upgraded to a four lane 40m wide road reserve as part of the Shoreline PA. The section of road in front of the development site is required to be upgraded prior to sealing of the 1,900^th lot. The timing and delivery of these works are not known at this stage as they are reliant on the developer for Shoreline, however these works have implications for the site in that the interface with Serpentine Creek Road needs to be designed for both the interim and ultimate scenarios.

The applicant has provided cross sections of these retaining walls, showing the interim and ultimate solutions and how they will be designed to incorporate landscaping, in order to minimise their visual impact (refer to attachment 11).

In areas where the existing road surface is required to be filled, a landscaped interim batter is proposed (see figure 18). These works are sacrificial, and the batter will be buried under fill once the ultimate road is constructed.

Figure 18: Interim solution to SCR where future road surface will be filled

In areas where the existing road surface is required to be lowered, an interim batter is proposed as shown in figure 19. These works are also sacrificial and will be removed once the spoil is removed for the ultimate road construction.

Figure 19: Interim solution to SCR where future road surface will be cut

The applicant will be required to maintain the landscaping and works in this interim solution, until such time as the ultimate road works are in place. Consistent with the Shoreline PA to the south, a minimum 4m wide landscape buffer will ensure that the walls/acoustic fence to Serpentine Creek Road will be suitably screened, once the ultimate road works have been constructed.

Council will ultimately maintain the vegetated buffer consistent with the Shoreline PA and other development in the city.

Internal landscaping

The submitted landscape plans show how the environmental corridor will be rehabilitated for the subject site. The plans also demonstrate how internal roads will have grass to the verge and street tree planting. Fencing in the form of 1.8m high Colorbond fencing is proposed to the external site boundaries, which will protect neighbouring amenity. The interface of the site with Serpentine Creek Road is discussed below.

A public park is proposed, which will be embellished consistent with Council’s desired standards of service for a neighbourhood park T3 park (refer to attachment 12) as negotiated with Council officers through an IA and which will be provided prior to the commencement of use for stage 7. The ultimate open space and landscape design will be subject to detailed design as part of future operational works applications and will be assessed at that time.

Bushfire hazard

City Plan’s bushfire hazard mapping is superseded by the State Planning Policy 2017 (SPP) mapping (refer figure 20). The SPP mapping shows a lesser extent of the ‘medium’ and ‘high’ bushfire hazard from the northern and western edge of the site. An assessment against the SPP and the bushfire hazard overlay code is included below.

The bushfire hazard assessment (BHA) and bushfire management plan (BMP) have determined that the required setback and bushfire management zone (BMZ) distance to achieve a radiant heat flux ≤29kW/m² is 16.2m. The BMZ will comprise a 10m wide inner protection zone and a 6.2m wide outer protection zone. The width of the BMZ is located in the fringe of the private environmental corridor.

The BHA and BMP have appropriately accounted for the rehabilitation and full revegetation of the central >50m wide environmental corridor. In other words, the projected increase in fuel load has been accounted and designed for.

The BMP includes bushfire mitigation and management strategies to ensure the risk to people and property is maintained at an acceptable level. These include:

· Low flammability landscape species are to be utilised in the bushfire management zone.

· Future applications will consider emergency vehicle access and locations of fire hydrants.

· Utility services to be installed underground.

As such, the development is considered to comply with the SPP, or can be conditioned to comply.

Figure 20 – SPP bushfire hazard mapping (source: State SPP mapping)

Bushfire hazard overlay

A bushfire hazard assessment and management plan have been provided in support of the application (see attachment 13). The following assessment benchmarks of the bushfire hazard overlay code are relevant to the assessment:

PO1
Development involving the accommodation or congregation of vulnerable sectors of the community such as childcare centres, community care centres, educational establishments, detention facilities, hospitals, rooming accommodation, retirement facilities or residential care facilities, is not located on land subject to bushfire hazard, unless there is an overriding community need or the development is located in the specialised centre zone.

PO2

‘Emergency services and uses providing community support services are able to function effectively during and immediately after a bushfire hazard event.’

PO1O
Development is located and designed to ensure proposed buildings or building envelopes achieve the following radiant heat flux level at any point:

(1) 10kW/m² where the use involves the accommodation or congregation of vulnerable sectors of the community such as childcare centres, community care centres, educational establishments, detention facilities, hospitals, rooming accommodation, retirement facilities or residential care facilities; or

(2) 29kW/m² otherwise.

PO11
Effective safety and evacuation procedures and measures are established.

PO13
All premises are provided with vehicular access that enables safe evacuation for occupants and easy access by fire fighting appliances.

PO14
Development outside reticulated water supply areas, includes a dedicated static supply that is available solely for fire fighting purposes and can be accessed by fire fighting appliances.

PO15
Landscaping uses species that are not likely to exacerbate a bushfire event, and does not increase fuel loads within separation areas.

While the development proposes to accommodate people over the age of 50, the use applied for is not a retirement facility, but a relocatable home park. The communities are designed for independent living, featuring a collection of detached relocatable homes, with shared communal facilities. Importantly, no support, care or organised meals are provided to homeowners within the development and the occupiers are not considered to be ‘vulnerable’. The development therefore complies with PO1 of the code.

The development complies with the bushfire overlay code as follows:

· Emergency access can be gained from the north or south of the site.

· The relocatable home park does not provide accommodation or congregation of vulnerable sectors of the community.

· The site will be connected to mains water.

· Internal roads will be designed in accordance with Fire Hydrant and Vehicle Access Guidelines for Residential, Commercial and Industrial Lots.

· The BMP indicates that a radiant heat flux of 29 kW/m² can be achieved for the whole site.

Biting insects

Within the Redlands a variety of species of mosquito and biting midges occur in association with marine, brackish and fresh waters. Marine and brackish water species are commonly associated with both a higher incidence of ‘nuisance’ complaints, and arbovirus infection, and consequently have been the primary focus for both research and control efforts throughout south-east Queensland.

A biting insect management plan (BIMP) was provided (see attachment 14) which considers land within SBREA and is consistent with BIMP approved as part of the Shoreline development. The plan identifies potential breeding and transmission areas for biting insects, as well as current and proposed control measures to manage biting insect populations.

Of relevance to the development site:

· A large ‘core habitat’ zone is bounded on either side by a fringe sub-precinct, consisting of less dense vegetation, stormwater infrastructure and footpaths, which will provide sufficient buffering to the dense woodland in the ‘core habitat’ area, which may provide significant roosting habitat.

· Engineering/landscape and building design recommendations are to be incorporated to lessen breeding sites and nuisance from biting insects.

A condition of approval will require that the recommendations of the biting insect management plan be incorporated into the design of the open space precincts and future buildings on the site. Subject to this, the development will be appropriately designed to reduce the exposure risk to biting insects.

Pedestrian and cyclist accessibility

The following assessment benchmarks of the transport, servicing, access and parking code are relevant to the assessment:

PO6
Safe and convenient pedestrian and cycle infrastructure is provided and, as far as possible, is integrated with external networks to maximise accessibility by walking and cycling.

PO7
Pedestrian and cycle path infrastructure is designed and constructed to:

(1) provide for convenient and direct movement within and external to the site;

(2) have a stable, smooth unobstructed surface;

(3) have a width and gradient to cater for all users;

(4) create a safe environment for users and discourage antisocial behaviour; and

(5) be easily maintained.

As part of the IA a 3m wide trunk shared cycleway/pedestrian pathway is being provided through the site, which will form part of a wider trunk cycleway network (as shown in figure 21).

Figure 21 – Movement intent for the site and wider area

Although the development is mostly to remain in private ownership (without access to the public) the trunk cycleway through the site will ensure that safe and convenient pedestrian and cycle infrastructure is provided, which integrates with external networks and which will provide accessibility for residents to public open space, the future town centre, school, foreshore and the like, in accordance with PO6 and PO7 of the code.

Landslide hazard

Part of the site is mapped as containing ‘low landslide hazard’. Earthworks are required to provide level pads, with walls exceeding 1m requiring engineered design, which will address the low hazard. Bulk earthworks over the site will also be subject to future assessment.

Poultry Odour

A poultry farm operating on the adjoining land to the south (MCU21/0033 – the Stockland Halcyon development) has recently ceased operation and the poultry sheds demolished. Therefore, poultry odour is no longer an issue, plus the last remaining agricultural use within the SRBEA land has ended.

PART B ASSESSMENT – Variation Request

Assessment Framework

Section 61 of the PAct is relevant to the variation request part of the assessment, and states:

‘(2) When assessing the variation request, the assessment manager must consider—

(a) the result of the assessment of that part of the development application that is not the variation request; and

(b) the consistency of the variations sought with the rest of the local planning instrument that is sought to be varied; and

(c) the effect the variations would have on submission rights for later development applications, particularly considering the amount and detail of information included in, attached to, or given with the application and available to submitters; and

(d) any other matter prescribed by regulation.

(3) The assessment manager must decide—

(a) to approve—

(i) all or some of the variations sought; or

(ii) different variations from those sought; or

(b) to refuse the variations sought.’

Halcyon Development Code

The variation request seeks to vary City Plan v5 (which was the local categorising instrument in effect at the time the application was lodged) by establishing the Halcyon Development Code (HDC). The HDC, if approved, is intended to establish the framework under which future development applications relating to the subject land would be assessed.

The HDC is to be read in conjunction with the Precinct Plan (discussed above) which identifies a residential precinct, private leisure facilities precinct, environmental corridor precincts and public open space precinct. The HDC varies the levels of assessment and assessment benchmarks for specified uses in the nominated precincts, as detailed below.

Variations to the levels of assessment

Material change of use

The following uses are to become accepted subject to requirements (ASTR):

· A relocatable home park, which is defined in the HDC as:

‘Premises used for relocatable dwellings that provides permanent owner occupier residential accommodation for people over 50 and developed in accordance with the Manufactured Homes (Residential Parks) Act 2003.

The use may include a manager’s and/ or caretaker’s residence and office, sales office, ancillary food and drink outlet, kiosk, amenity buildings, caravan and boat storage for home owners and the provision of recreation facilities for the exclusive use of residents.’

· A relocatabale home park dwelling, which is defined in the HDC as:

‘A dwelling, either detached or attached, located on a Relocatable home park dwelling site created within the Halcyon Precinct Plan area.’

· Sales office.

The ASTR are listed in Schedule 2, Development Controls of the HDC and are summarised in table 1 below:

Development yield	500 relocatable home park dwellings.
Building height	Maximum of 8.5m for a dwelling. Maximum of 15m for leisure facilities/sales office.
Dwelling site requirements	· Minimum site area for a detached dwelling: minimum of 175m² · Minimum site area for an attached dwelling: 120m² · Front width: 6m. · Site cover 80%. · A range of detached and attached dwelling types are permitted. · There are to be no more than 6 attached dwellings in a row.
Setbacks	Relocatable home park dwellings, in accordance with figure 22 below: *Figure 22: Setbacks for relocatable home park dwellings* Private leisure facilities/sales office precinct, in accordance with figure X below: *Figure 23: Setbacks for Private leisure facilities/sales office*
Built to boundary walls	· Maximum length can be the length of the side boundary less front and rear wall setbacks. · Built to boundary walls must not have any openings or windows.
Car parking	A minimum of 2 car parking spaces are provided for each relocatable home park dwelling, with: a) at least one car parking space being undercover; b) Garages to have a minimum dimension of: i. 5.75m deep and 3m wide for single garages. ii. 5.75m deep and 5.715m wide for double garages. c) Golf buggies may be parked in garages, roofed patios or courtyard areas.
Fencing	Side boundary fencing has a maximum height of 1.8m and is 100% solid.
Identification	Each relocatable home park dwelling is to have a property identification number that is clearly identifiable from the internal road network. Land in Sales office precinct maybe provide for a sales office, letter boxes, car parking, and/or caretakers office. Land in the residential precinct maybe provide for relocatable home park letter boxes in one of various locations as required.
Private open space	· Located contiguous to the principal living areas. · Screened for privacy from adjoining dwellings. · 16m² with a minimum dimension of 3m and clear of any utilities, gas and water tanks and air conditioning units. · May include an unenclosed living structure e.g. patio.
Private leisure facilities	· Hours of operation for outdoor recreation undertaken in association with leisure facilities are limited to between 6am and 10pm, unless approved otherwise by Council in writing via the submission of a noise management plan. · Development provides a 2m wide densely planted landscape buffer to all external property boundaries. · Development achieves the acoustic quality objectives stated in the Queensland Environmental Protection Act 1994: Environmental Protection (Noise) Policy 2019: Schedule 1. · When measured from the windows of habitable rooms of the nearest dwelling, illumination associated with leisure facilities does not exceed: o before 11pm: 25 lux; and o after 11pm, 4 lux. · Development ensures vibrations do not exceed the maximum acceptable levels identified in Australian Standard AS2670 Evaluation of human exposure to whole of body vibration, Part 2: continuous and shock induced vibration in buildings (1-80Hz) when measured at the boundary of the site. · Development for leisure facilities achieves the air quality objectives stated in the Queensland Environmental Protection Act 1994: Environmental Protection (Air) Policy 2019: Schedule 1. · Odour levels from leisure facilities do not exceed 2.5 OU, 99.5%, 1 hour average. · Fire-risk hazardous chemicals, flammable and combustible liquids, toxic and very toxic materials and corrosive substances are stored in accordance with AS1940 The Storage and Handling of Combustible Liquids.
Sales office	May include: · An on-site manager’s office and residence. · Vehicle parking, including bus space. · A minimum of 1 letterbox per relocatable home park dwelling. · A temporary sales office as required.

Where development does not comply with the above ASTR, a code assessable planning application will be triggered.

Reconfiguring a lot

There is no change to the level of assessment for reconfiguring a lot and the tables of assessment as per the Redland City Plan v5 would therefore apply. As the site is zoned rural, an application for reconfiguring a lot would be impact assessable.

Operational works

The levels of assessment for operational works within the precinct plan are being varied as follows:

Works	Level of assessment	Relevant assessment benchmarks
Private internal landscape works	ASTR	Halcyon Development Code (Part A) Approved landscape concept plans
Private roads	ASTR	Halcyon Development Code (Part A) Approved engineering services report
Private internal stormwater infrastructure	ASTR	Halcyon Development Code (Part A) Approved stormwater management plan
Servicing – externally servicing sewer and water	Code	Halcyon Development Code City Plan v5
Landscaping: · Interface with external roads/entry statement · Landscaping with the public park · Rehabilitation of the private environmental corridor	Code	Halcyon Development Code City Plan v5
Park and Recreational infrastructure: · Land and embellishments · Trunk cycleway	Code	Halcyon Development Code City Plan v5
Bulk earthworks: · Within the relocatable home park · Park & Linear Open space	Code	Halcyon Development Code City Plan v5
Stormwater Basins	Code	Halcyon Development Code City Plan v5
Roads – external	Code	Halcyon Development Code City Plan v5

Where development does not comply with the above ASTR, a code assessable planning application will be triggered.

Overlays

The levels of assessment for the overlays are being varied as follows:

Environmental significance overlay	Accepted Development where in accordance with the approved Vegetation Clearing & Fauna Management Plan, Tree Schedule and Arborist Report.
Bushfire Hazard Overlay	Accepted Development where in accordance with the approved Bushfire Management Plan.
Flood and Storm Tide Hazard Overlay	Accepted Development where in accordance with the approved Stormwater Management Plan.
Waterway Corridors and Wetlands Overlay	Accepted Development where in accordance with the approved Vegetation Clearing & Fauna Management Plan, Tree Schedule and Arborist Report.

Where development is not undertaken in accordance with the approved documents listed in the above table, a code assessable planning application will be triggered.

Officer assessment

Relocatable home park dwellings

As noted above, future relocatable home park dwellings will be ASTR against the criteria listed in Schedule 2, Development Controls of the HDC. The setbacks nominated are considered sufficient to allow for adequate separation of buildings, access to light and ventilation and the provision of on-site car parking. Sufficient private open space area for each dwelling is available (16m²) with a minimum dimension of 3m, considering residents will also have access to a range of private on-site recreational facilities for the sole use of residents.

The development controls require that the frontage of each relocatable home park dwelling to be designed as follows:

a) Incorporates a mix of architectural elements and styles that are responsive to local conditions and styles;

b) Exhibits a high degree of interest through the use of colour, angles and materials;

c) Includes verandahs, decks, eaves, window hoods or similar elements to create shade and cast shadow;

d) Provides for varied roof designs in terms of pitch, height, gables and skillions;

e) Orientates entrances towards the street and windows of habitable rooms over secondary frontages;

f) Screens mechanical plant and equipment to maintain the amenity of the road interface; and

g) Does not present blank walls to a road interface.

It is considered that the above criteria would result in an acceptable built form outcome. Further, the development controls limit the number of attached dwellings on the site (maximum of six (6) in a row), with no more than 15% of attached dwellings being provided in total across the site. This will ensure breaks between built form/dwellings is provided.

Private leisure facilities

As noted above, private leisure facilities are also to be ASTR against the criteria listed in Schedule 2, Development Controls of the HDC, which nominates maximum building heights, boundary setbacks and restricts hours of operation. It is considered that the ASTR are acceptable, subject to the following amendments, which will be amended in red on the document and will also be subject to conditions of approval:

· Design: The development controls only contain design criteria for the dwellings and not for the private leisure facilities. It will therefore be conditioned that plans showing the detailed design of all private leisure facilities are submitted to Council for approval prior to works commencing.

· Hours of operation: The development proposes operating hours from 6am to midnight Monday to Sunday, unless in accordance with a Noise Management Plan. However, given the proximity of the private leisure facilities precinct to the northern boundary, which will adjoin future residential lots, operating hours to 10pm are considered more appropriate to ensure the amenity of adjoining residents will not be unduly impacted. Should the applicant wish to operate past 10pm, the submission of a noise management plan will be required.

Sales office

The sales office precinct allows the provision of either an on-site manager’s office and residence, vehicle parking (including bus space), letter boxes and a temporary sales office. It is considered that the ASTR nominated are acceptable, subject to the following amendments, which will be amended in red on the document and will be subject to conditions of approval:

· Design: The development controls only contain design criteria for the dwellings and not for the sales office. It will therefore be conditioned that plans showing the detailed design of the sales office are submitted to Council for approval prior to works commencing.

· Hours of operation: Hours of operation for the sales office have not been nominated and will therefore be conditioned as being from 8am to 7pm Monday to Sunday, unless in accordance with an approved noise management plan.

· Parking: The development controls do not stipulate minimum on-site parking requirement for this use. Given the use will generate parking demand from external visitors of the site, a minimum of 5 car spaces are to be required (which aligns with PO11 of the HDC).

Submission rights

The variation request seeks to change the level of assessment to ASTR or code, which means future applications will not be subject to public notification. However, as the current application required public notification for a period of 30 business days, the public has had the opportunity to make formal submissions against the development application and the use proposed. Appeal rights against the development application also remain applicable.

It is noted that no submissions have been received.

Conclusion

The use of the site as a relocatable home park is considered acceptable, as discussed in the Part A assessment. The variations proposed to the levels of assessment are considered acceptable as the HDC contains suitable provisions for development which are either ASTR or code assessable, subject to amendments discussed above. It is noted that future operational works applications will be required for the detailed design of the earthworks, landscaping, servicing and rehabilitation of the enviromental and open space areas.

PART C ASSESSMENT – Reconfiguring a lot

A development permit for a four (4) into four (4) lots (refer to attachment 3) is proposed as shown below in figure 24 and 25.


*Figure 24: Current lot configuration*	*Figure 25: Proposed boundary re-alignment*

Lot layout

The relevant assessment benchmarks are as follows:

Rural zone code

PO3
Reconfiguration does not result in further fragmentation of land.

Reconfiguring a lot code

PO45
Reconfiguration facilitates the provision of the planned open space network that:

1. accommodates the desired location of open space;

2. contributes to the legibility and character of the neighbourhood;

3. connects components of the network within and external to the site; and

4. maximises accessibility for pedestrians and cyclists.

PO46
Where significant environmental values exist on the land, additional open space is provided which:

1. enables the retention and buffering of wetlands, waterways and significant habitat areas; and

2. retains or enhances habitat links to facilitate wildlife movement.

PO47
The realignment of lot boundaries results in a use and its associated infrastructure being located on the same lot.

The proposed layout seeks to create a lot (proposed Lot 4) which will be dedicated to Council for open space and conservation purposes, which will facilitate the retention and enhancement of significant habitat areas within Lot 4. A public neighbourhood park is also proposed on Lot 4 and the development will therefore facilitate the provision of the open space network for the wider area. As discussed above, the part lot within Lot 4 is not supported due to the encroachment of edge effects and insufficient information has been provided to clarify how this area will be used. This part lot will be removed from the plans. Subject to this, the proposal meets the above assessment benchmarks.

Access

The following assessment benchmark fo the reconfiguring a lot code:

PO13
Lots are provided with safe and efficient access for vehicles, cyclists and pedestrians, which maintain the safety and efficiency of the road hierarchy.
Wherever possible, reconfiguration enables alternative access for lots adjoining major roads.

It is noted that proposed Lot 4, once dedicated to Council, will not have direct road access until such time as the road network on adjoining lots is constructed. This has implications for Council in terms of maintainance of the future park, trunk cycleway and the environmental values in the conservation precinct.

Consequently, as discussed in the part A assessment above, details of a connection to Lot 4 are to be requested as a condition of approval, to ensure Council’s vehicles can access the park and open space land for maintainence. An easement for access will be conditioned as part of this reconfiguring a lot application. Subject to this, ongoing safe and efficient assess will be provided in accordance with PO13.

INFRASTRUCTURE CHARGES

Infrastructure agreement

An IA (refer to attachment 16) is proposed to be executed to manage the appropriate provision and delivery of necessary infrastructure and infrastructure charges, particularly in relation to the sewer, water and parks network. This will also formalise the requirement for wastewater financial contributions to be paid for development applied for under the preliminary approval.

Wastewater financial contribution

· The SRBEA developers have agreed by way of a MOU (discussed above), that additional financial contributions for sewer would be paid to contribute to the cost of the sewer infrastructure to be delivered under the sub-regional sewer IA, which is required to service both Shoreline and the SRBEA developments. The IA legally binds the parties to pay the MOU charge.

· The IA requires the developer to provide wastewater financial contributions for development applications subject to the preliminary approval being $33,968 per equivalent tenement (ET) or $12,581 per equivalent person (EP), which will be subject to indexation (as per the agreed MOU for sewer infrastructure).

Offsets

The IA provides offsets for trunk infrastructure in relation to the following:

Sewer

· Trunk sewer mains and a pump station required to be delivered under the sub-regional sewer IA to faciliate the proposed interim and ultimate sewer solution for the development.

· An additional 225m diameter trunk sewer gravity main internal to the development site, not covered by the sub-regional IA.

Water

· A new 300mm trunk water main proposed internal to the adjoining site to the north, which is subject to a development application lodged by Villawood. This is proposed to be delivered by either Villawood or Stockland and is required for this development to achieve a connection to reticulated water.

· Two 375mm water mains proposed within Serpentine Creek Road, to connect the development to the existing 750mm North Stradbroke Island (NSI) water main located on Lot 3 RP222423, which is required for this development to achieve a connection to reticulated water.

Parks

· Neighbourhood recreation park (NRP09), categorised by Council as a (T3(E)) park, with an area of 5,000m², which meets the minimum land area for this park typology. It has been agreed to provide an offset for land and embellishments for this park.

· 3m wide cycleway (which will form part of the trunk cycleway network proposed as part of the SRBEA structure plan proposed by the applicant).

The offsets for these works will be fixed (subject to indexation where applicable) and offset against the levied charges for the development. The offsets are not intended to be provided as a refund to the developer.

Infrastructure charges generally

There are no charges applicable for the proposed boundary realignment applied for as part of this application. Infrastructure charges will apply for future development/dwellings under the proposed plan of development (POD). The proposed POD allows for a future relocatable home park and future relocatable home park dwellings to be carried out as accepted development where located within the precinct plan area. Infrastructure charges will still apply for these uses associated with the relocatable home park. Charges will be levied when Council receives a copy of the building approval.

Strategic Implications

Legislative Requirements

The development application has been assessed in accordance with the Planning Act 2016.

Risk Management

Standard development application risks apply. In accordance with the Planning Act 2016 the applicant may appeal a condition of approval or a decision to refuse the application.

Financial

Should an appeal be filed against the decision of Council, subsequent legal costs will apply.

People

There are no implications for staff associated with this report.

Environmental

Environmental impacts are discussed in the ‘Issues’ section of this report where relevant.

Social

Social impacts are discussed in the ‘Issues’ section of this report where relevant.

Human Rights

There are no known human rights implications associated with this report.

Alignment with Council’s Policy and Plans

The assessment and officer’s recommendation align with Council’s policies and plans as described within the ‘Issues’ section of this report.

Consultation

Consulted	Consultation Date	Comments/Actions
Councillor Division 6	24 February 2021	Referral to Councillor in accordance with standard practice.

Options

Option One

That Council resolves as follows:

1. To issue a preliminary approval for a material change of use for a relocatable home park and associated uses on land described as Lot 1 - Lot 3 on RP89514 and Lot 1 on RP67583 and situated at 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay, subject to the conditions outlined in Attachment 15.

2. To approve the variations sought to vary the effect of City Plan version 5 in accordance with Section 61 of the Planning Act 2016, on land described Lot 1 - Lot 3 on RP89514 and Lot 1 on RP67583 and situated at 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay, subject to conditions outlined in Attachment 15.

3. To approve the development permit for reconfiguring a lot for four (4) into four (4) lots, subject to the conditions outlined in Attachment 15.

4. To delegate to the Chief Executive Officer under section 257 of the Local Government Act 2009 the authority to negotiate, make, vary and discharge an Infrastructure Agreement related to the development that is the subject of this Development Application, whereupon the confidential Infrastructure Agreement outlined in Attachment 16 will be released as a publicly available document.

Option Two

That Council resolves as follows:

1. To issue a preliminary approval subject to different conditions.

2. To approve different variations to City Plan version 5 to those requested.

3. To issue a development permit for reconfiguring a lot subject to different conditions.

Option Three

1. To refuse the preliminary approval (reasons for refusal must be identified).

2. To refuse the variations requested (reasons for refusal must be identified).

3. To refuse the development permit for reconfiguring a lot (reasons for refusal must be identified).

4. To maintain Attachment 16 as confidential, subject to maintaining the confidentiality of legally privileged, private and commercial in confidence information.

Officer's Recommendation/Council Resolution 2024/68

Moved by: Cr Julie Talty

Seconded by: Cr Rowanne McKenzie

That Council resolves as follows:

1. To issue a preliminary approval for a material change of use for a relocatable home park and associated uses on land described as Lot 1 - Lot 3 on RP89514 and Lot 1 on RP67583 and situated at 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay, subject to the conditions outlined in attachment 15.

2. To approve the variations sought to vary the effect of City Plan version 5 in accordance with Section 61 of the Planning Act 2016, on land described Lot 1 - Lot 3 on RP89514 and Lot 1 on RP67583 and situated at 245-273, 231-247, 205-229 and 195-203 Serpentine Creek Road, Redland Bay, subject to conditions outlined in Attachment 15.

3. To approve the development permit for reconfiguring a lot for four (4) into four (4) lots, subject to the conditions outlined in Attachment 15.

Carried 11/0

Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

General Meeting Minutes 15 May 2024

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

Attachment: Halcyon Development Code

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

Attachment: Halcyon Development Code

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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Attachment: SARA Referral Response

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General Meeting Minutes 15 May 2024

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Attachment: Stormwater Management Plan

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Report: MCU21/0033 Preliminary Approval (including a Variation Request) for a Relocatable Home Park and Associated Uses and a Development Permit for Reconfiguring a Lot (4 into 4 Lots)

Attachment: Stormwater Management Plan

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General Meeting Minutes 15 May 2024

15.3 MCU21/0065 Preliminary Approval (Including a Variation Request) for a Material Change of Use and Reconfiguring a Lot and a Development Permit for 2 into 38 Standard Format Lots, New Road, Open Space, Park and Drainage (Comprising Stage 1A)

Objective Reference: A5603290

Authorising Officer: Louise Rusan, General Manager Community & Customer Services

Responsible Officer: David Jeanes, Group Manager City Planning & Assessment

Report Author: Charlotte Hughes, Principal Planner

Attachments: 1. Precinct Plan ⇩

2. Concept Master Plan ⇩

3. Stage 1A Plans ⇩

4. Plan of Development ⇩

5. Council resolution ⇩

6. SARA referral response ⇩

7. Landscape Plans ⇩

8. Civil Engineering Plans ⇩

9. Stormwater Management Plan and Hydraulic Impact Assessment ⇩

10. Bushfire Hazard Assessment ⇩

11. Biting Insect Management Plan ⇩

12. Infrastructure Agreement - Confidential (under separate cover)

13. Draft Conditions ⇩

Purpose

Variation requests cannot be decided under delegated authority and this application is therefore referred to a General Meeting of Council for determination.

Background

Council has received an application on land at 156-168, 169-193 and 194-214 Serpentine Creek Road and 24-58 Kidd Street, Redland Bay for a preliminary approval (PA) (including a variation request) for a material change of use (MCU) and reconfiguring a lot. The variation request seeks to vary the operation of City Plan v5 (City Plan) and establish the Serpentine Creek Road Plan of Development (POD). A development permit is also sought for stage 1A: Reconfiguring a lot: one (1) into 38 lots, drainage lot and new road.

The owners of the properties are Serpentine Creek Road Pty Ltd and H G Associates Pty Ltd, care of Saunders Havill Group.

The decision period has been extended by agreement to 15 May 2024, in accordance with the Planning Act 2016 (PAct).

The assessment of the application has occurred in line with the assessment framework outlined in the PAct. The key issues identified in the assessment are:

· Consistency with the planning framework

· Environmental values

· Landscaping

· Access and traffic

· Stormwater management

· Flooding

· Infrastructure

· Waste management

· Earthworks

· Bushfire hazard

· Pedestrian and cyclist accessibility

· Biting insects

· Landslide hazard

· Poultry odour

· Stage 1A lot layout

· Plan of development

Issues

Proposal

The development application is assessed in three parts:

· PART A – Preliminary Approval: for a material change of use for residential development and reconfiguring a lot, including an environmental corridor and public park (refer to proposed precinct plan in attachment 1 and concept master plan in attachment 2).

· PART B - Development permit: for reconfiguring a lot for stage 1a, comprising 1 into 38 lots, drainage lot and new road (refer to attachment 3). Stage 1a is assessed under City Plan v5.

· PART C - Variation request: The application includes a variation request to vary the operation of the City Plan v5 as follows:

o Establish the Serpentine Creek Road POD (refer to attachment 4), which would be applicable to future development applications lodged under the PA.

o Vary the level of assessment thresholds and assessment benchmarks for specified uses proposed in the nominated precincts.

Precinct layout

The proposed precinct layout (see figure 1) aligns with the proposed Southern Redland Bay Expansion Area (SRBEA) structure plan (see figure 7 below) and seeks to retain and enhance the existing waterway and habitat corridor through the central part of the site, which will also contain a public park. To the north and south of the environmental corridor, residential development is proposed in the form of freehold lots.

Figure 1: Proposed precinct plan

A summary of the purpose for each precinct is included below:

Residential precinct

This precinct is modelled on the low-density residential zone in City Plan and is proposed to accommodate approximately 224 residential lots, with an average lot size of 463m². It is intended to establish walkable neighbourhoods with a mix of housing choice and access to leisure opportunities within the open space network.

A concept master plan is provided in figure 2 below:

Figure 2: Concept master plan

Open space network

The open space network is modelled on the recreation and open space zone within City Plan and is intended to provide multiple functions including drainage, a local park and an environmental corridor. It consists of the environmental corridor precinct which has an area of 2.997 hectares (ha) and an overall minimum width of approximately 24m, which includes a public park with a total area of 3,504m². The park will be embellished to meet the standards required for a T3 neighbourhood park and a linear park with an area of 2,594m², which will contain a trunk cycleway.

The internal road layout is conceptual only and is intended to link up with the Lendlease development to the south-west and the Halcyon development to the south. Both of which will connect to the Shoreline Road network further South. The design of each road will be assessed in detail during the detailed application stages, other than the stage 1a roads, which are assessed as part of this application.

Change to application

In response to a further advice notice from the State Assessment and Referral Agency (SARA) for the Department of Transport and Main Roads (DTMR), new land was included into the application in order to facilitate the required upgrade of the Kidd Street/Serpentine Creek Road intersection. A change to introduce new land constitutes substantially different development in accordance with Schedule 1 of the Development Assessment (DA) Rules and as such is an ‘other change’. However, in accordance with section 26.1 of the DA Rules, the development assessment process does not stop if the change is in response to further advice provided by an assessing authority on the application, in this case, SARA.

Site & Locality

The site is located at 156-168, 169-193 & 194-214 Serpentine Creek Road and 24-58 Kidd Street, Redland Bay described as Lots 1 and 2 on RP88886, Lot 69 on S31102, and Lot 8 on R1291. The subject site covers an area of 17.81ha and has a direct road frontage to both Scenic Road and Kidd Street (see figure 3). The western boundary adjoins an unnamed and unformed road reserve, and the southern boundary adjoins land the subject of a current variation request application (Halcyon development MCU21/0033). The site includes dwelling houses and sheds on both lots and has historically been used for agricultural purposes. The buildings and structures will be removed as part of the development.

Adjacent and nearby allotments are zoned rural, emerging communities and conservation. More specifically, surrounding the site (figure 4):

· North side – there are rural zoned lots with residential dwellings;

· East south side – there are emerging communities zoned lots with approved preliminary approval named Shoreline; and

· West side – there are Council owned conservation lots.

In the broader context, the site is located within 10km from Victoria Point Shopping Centre, Broadwater Terrace District Centre, Redland Bay Marina and Esplanade and Stradbroke Ferry Terminal, the Redland Bay Tennis Club, Redland Bay Golf Course and an ambulance Station. Redland Hospital and Mater Private Hospital are located approximately 14km to the north of the site.


*Figure 3: Aerial of the site. Source: Nearmap*	*Figure 4: City plan zone map*

Planning History

The following planning history is of relevance to the subject site.

Shoreline

The subject site adjoins land subject to the 2015 Shoreline preliminary approval (MCU013287) that established a master plan approving a number of precincts (residential, town centre and open space) and a suite of codes to form a POD, which overrides version 6.2 of the Redland Planning Scheme (RPS). A minor change to this approval was granted in 2019, which involved minor amendments to the POD and removal of redundant conditions which were satisfied through lodgement of additional plans and reports (MCU18/0220).

Southern Redland Bay Wastewater Treatment Plant (SRBWWTP)

Changes made to the South East Queensland Regional Plan (SEQRP) in 2017 resulted in additional land (the subject of this application) being included in the urban footprint (refer to figures 5 & 6). To future proof infrastructure planning for the area, Council resolved on 8 August 2018 (refer to attachment 5) to include this additional land within the design and sizing of the sewerage treatment solution being planned for the Shoreline PA, subject to a future infrastructure agreement (IA). This infrastructure agreement (IA) between Council and Lendlease was subsequently signed on 21 November 2023.

On 25 June 2021, notice was given under s38 of the PAct that a Ministerial Infrastructure Designation (MID) for the SRBWWTP (ref: MID1120 0458), which is to be located on a site located approximately 1.5km to the south of Shoreline PA area, had been made. The SRBWWTP will treat sewerage to a tertiary level, which will then be discharged via a freshwater storage lagoon and constructed mangrove system, to the Logan River.

Figures 5 & 6 – Shoreline masterplan (including expansion area) superimposed with changes to the urban footprint

Southern Redland Bay Expansion Area (SRBEA) Structure Plan

The developer consortium (comprising Halcyon, Villawood and Lendlease) presented to various Council business units on 17 June 2020 about the proposed structure planning process being undertaken within the SRBEA. The extent of the SRBEA is shown in figure 7 and comprises a total of 82.9ha. The intent of the presentation was to provide an update on work currently underway within the area and to seek feedback from Council.

On 19 August 2020, Council considered a report on the preferred approach for planning investigations of the SRBEA. The report sought for Council to make a decision on whether it:

· Would support a developer-funded structure plan

· Intended to prepare a structure plan; or

· Intended to ‘do nothing’.

At its General Meeting, Council resolved to leave the report ‘on the table’ and as a matter of urgent business write to State Government seeking clarification on the reasoning behind the very late inclusion of the SRBEA within the urban footprint of the SEQRP in August 2017. The report remains on the table, meaning Council is yet to make a decision on this matter.

Members of the consortium have consequently lodged separate development applications over these land parcels.

Figure 7 – Southern Redland Bay expansion area (SRBEA)

Assessment Framework

The application has been made in accordance with the PAct and the DA Rules and constitutes an impact assessable application for material change of use under City Plan.

In accordance with section 45 of the Planning Act 2016:

‘(5) An impact assessment is an assessment that—

(a) must be carried out—

(i) against the assessment benchmarks in a categorising instrument for the development; and

(ii) having regard to any matters prescribed by regulation for this subparagraph; and

(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.

Examples of another relevant matter—

• a planning need

• the current relevance of the assessment benchmarks in the light of changed circumstances

• whether assessment benchmarks or other prescribed matters were based on material errors

(6) Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5), assessing a development application against or having regard to—

(a) a statutory instrument; or

(b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument.

(8) However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to—

(b) another statutory instrument—

(i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and

Section 31 of the Planning Regulation 2017 identifies that:

‘(1) For section 45(5)(a)(ii) of the Act, the impact assessment must be carried out having regard to—

(a) the matters stated in schedules 9 and 10 for the development; and

(c) if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and