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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
(ROBINA CENTRAL
PLANNING AGREEMENT)
AMENDMENT BILL 2003
Queensland
LOCAL GOVERNMENT (ROBINA
CENTRAL PLANNING AGREEMENT)
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3AA Rezoning of land for second amending agreement . . . . . . . . . . . . . . 5
5 Amendment of s 4A (Notice of making of amending agreements) . . . . . . . 6
6 Amendment of s 5 (Status of planning agreement). . . . . . . . . . . . . . . . . . . . 6
7 Replacement of s 6 (Amendment of planning agreement) . . . . . . . . . . . . . . 6
6 Amendment of planning agreement. . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 10 (Savings and transitionals for use rights and approvals) 7
9 Insertion of new s 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Savings and transitional provisions for second amending agreement 7
10 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SCHEDULE 3
ROBINA CENTRAL SECOND AMENDING AGREEMENT
2003
A BILL
FOR
An Act to amend the Local Government (Robina Central Planning
Agreement) Act 1992
s1 4 s3
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Local Government (Robina Central 3
Planning Agreement) Amendment Act 2003. 4
2 Act amended
Clause 5
This Act amends the Local Government (Robina Central Planning 6
Agreement) Act 1992. 7
3 Amendment of s 2 (Definitions)
Clause 8
(1) Section 2, definitions "amending Act", "further agreement" and 9
"site"-- 10
omit. 11
(2) Section 2-- 12
insert-- 13
` "first amending Act" means the Local Government (Robina Town Centre 14
Planning Agreement) Amendment Act 1996. 15
"further agreement" means an amending agreement, other than the first 16
amending agreement or the second amending agreement, the proposed 17
form of which is approved under an Act. 18
"second amending Act" means the Local Government (Robina Central 19
Planning Agreement) Amendment Act 2003. 20
"second amending agreement" means an agreement in the form of the 21
agreement set out in schedule 3 and made by the parties named in the 22
agreement. 23
"site" means-- 24
(a) before the making of the first amending agreement--the land 25
described in the planning agreement, first schedule, parts 1 and 2; 26
and 27
s4 5 s4
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
(b) after the making of the first amending agreement and before the 1
making of the second amending agreement--the land described 2
in the planning agreement, first schedule, parts 1, 2, 7 (section 2) 3
and 10; and 4
(c) after the making of the second amending agreement--the land 5
described in the planning agreement, first schedule, parts 1, 2, 7 6
(section 2), 10, 11 and 12.'. 7
(3) Section 2, definition "1995 planning scheme", `amending Act'-- 8
omit, insert-- 9
`first amending Act'. 10
(4) Section 2, definition "planning agreement", paragraph (b), after 11
`amending agreement'-- 12
insert-- 13
`, the second amending agreement'. 14
4 Insertion of new s 3AA
Clause 15
After section 3A-- 16
insert-- 17
`3AA Rezoning of land for second amending agreement 18
`(1) This section applies despite sections 3 and 3A and only when the 19
second amending agreement is made. 20
`(2) Category E land is included, for the modified planning scheme, in 21
the zone mentioned in column 3 for the land. 22
`(3) Category F land is excluded from its zoning, mentioned in column 2 23
for the land, under the 1995 planning scheme and included, for the 24
modified planning scheme, in the zone mentioned in column 3 for the land. 25
`(4) Category G land is excluded from its zoning, mentioned in column 2 26
for the land, under the modified planning scheme and included, for the 27
modified planning scheme, in the zone mentioned in column 3 for the land. 28
`(5) Category H land is excluded from its zoning, mentioned in column 2 29
for the land, under the existing planning scheme and included, for the 30
modified planning scheme, in the zone mentioned in column 3 for the land. 31
`(6) In this section-- 32
s5 6 s7
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
"category E land" means the land described in the planning agreement, 1
first schedule, part 11, column 1. 2
"category F land" means the land described in the planning agreement, 3
first schedule, part 12, column 1. 4
"category G land" means the land described in the planning agreement, 5
first schedule, part 13, column 1. 6
"category H land" means the land described in the planning agreement, 7
first schedule, part 14, column 1. 8
"column" means a column shown in the planning agreement, first 9
schedule, parts 11 to 14.'. 10
5 Amendment of s 4A (Notice of making of amending agreements)
Clause 11
Section 4A, after `amending agreement'-- 12
insert-- 13
`, the second amending agreement'. 14
6 Amendment of s 5 (Status of planning agreement)
Clause 15
(1) Section 5(2), from `for the purposes' to `applicable'-- 16
omit, insert-- 17
`the planning scheme applying'. 18
(2) Section 5(3)(b), `the amending Act'-- 19
omit, insert-- 20
`this Act'. 21
(3) Section 5(3)(c) and (d), from `as in force' to `this Act'-- 22
omit. 23
7 Replacement of s 6 (Amendment of planning agreement)
Clause 24
Section 6-- 25
omit, insert-- 26
s8 7 s9
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
`6 Amendment of planning agreement 1
`Before a further agreement may be made-- 2
(a) firstly, the process stated in the Integrated Planning Act 1997, 3
schedule 1, for amending a planning scheme up to, but not 4
including, the adoption stage must be complied with for the 5
proposed agreement; and 6
(b) secondly, the form of the proposed agreement must be approved 7
under an Act.'. 8
8 Amendment of s 10 (Savings and transitionals for use rights and 9
approvals)
Clause 10
(1) Section 10, heading, from `transitionals'-- 11
omit, insert-- 12
`transitional provisions for first amending agreement'. 13
(2) Section 10(3), `planning agreement'-- 14
omit, insert-- 15
`modified planning scheme'. 16
9 Insertion of new s 11
Clause 17
After section 10-- 18
insert-- 19
`11 Savings and transitional provisions for second amending 20
agreement 21
`(1) This section applies only when the second amending agreement is 22
made. 23
`(2) A use of premises in the site that was lawful immediately before the 24
making of the second amending agreement is taken to be a lawful use of 25
the premises under the modified planning scheme. 26
`(3) Each prescribed approval granted by the Council of the City of Gold 27
Coast before the making of the second amending agreement continues to 28
have effect as if it were granted under the modified planning scheme after 29
the making. 30
s 10 8 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
`(4) However, if a prescribed approval granted by the Council of the City 1
of Gold Coast before the making of the second amending agreement is 2
subject to a time constraint, the time constraint must be measured from the 3
day the approval was granted. 4
`(5) In this section-- 5
"prescribed approval" means an approval, consent or permission granted 6
for land in the site.'. 7
10 Insertion of new sch 3
Clause 8
After schedule 2-- 9
insert-- 10
`SCHEDULE 3 11
`ROBINA CENTRAL SECOND AMENDING 12
AGREEMENT 13
section 2, definition "second amending agreement" 14
THIS AGREEMENT is made the day of 2003. 15
BETWEEN: 16
ROBINA LAND CORPORATION PTY LTD ACN 010 159 387 a 17
company incorporated in the State of Queensland and having its registered 18
office at Suite 1, Riverwalk One, 140 Robina Town Centre Drive, Robina 19
Town Centre, Robina in the State of Queensland (in this Agreement called 20
"Robina") 21
AND: 22
ROBINA PROPERTIES PTY LTD ACN 010 147 038 a company 23
incorporated in the State of Queensland and having its registered office at 24
Suite 1, Riverwalk One, 140 Robina Town Centre Drive, Robina Town 25
Centre, Robina in the State of Queensland (in this Agreement called 26
"Robina Properties") 27
s 10 9 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
AND 1
COUNCIL OF THE CITY OF GOLD COAST of Nerang-Southport 2
Road, Nerang in the State of Queensland (in this Agreement called "the 3
Council") 4
RECITALS 5
1.1 Robina, Robina Properties and the Council (formerly the Albert 6
Shire Council) entered into the Robina Central Planning 7
Agreement on 18 September 1992 ("the Planning Agreement"). 8
1.2 The Planning Agreement was given the force of law by the Local 9
Government (Robina Town Centre Planning Agreement) Act 10
1992. 11
1.3 The Local Government (Robina Town Centre Planning 12
Agreement) Act 1992 was amended by the Local Government 13
(Robina Town Centre Planning Agreement) Amendment Act 14
1996. 15
1.4 The Local Government (Robina Central Planning Agreement) 16
Act 1992 was amended by the Local Government (Robina 17
Central Planning Agreement) Amendment Act 2003. 18
1.5 The Local Government (Robina Town Centre Planning 19
Agreement) Act 1992 provided for the Planning Agreement to be 20
amended by a further agreement. 21
1.6 The Planning Agreement was amended by the Robina Central 22
Planning Agreement Amendment Agreement made between the 23
Parties on 27 May 1996 ("the First Amending Agreement"). 24
1.7 Robina, Robina Properties and the Council have agreed to further 25
amend the Planning Agreement as provided by this Second 26
Amending Agreement and have undertaken the lawful 27
s 10 10 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
procedures and actions necessary to seek approval of the Second 1
Amending Agreement. 2
1.8 Robina, Robina Properties and the Council will execute this 3
Second Amending Agreement after the commencement of the 4
Local Government (Robina Central Planning Agreement) 5
Amendment Act 2003. 6
2. The Parties now enter into this Agreement and undertake and agree as 7
follows:- 8
2.1 The Parties agree that the Planning Agreement be amended as 9
follows:- 10
Clause 2 11
Insert:- 12
2.15 During the course of development of the combined site 13
some roads have been closed in conjunction with the 14
opening of new roads. The areas of closed road have 15
been acquired by Robina and amalgamated with 16
adjoining allotments. Council, Robina and Robina 17
Properties have agreed that the land described in Column 18
1 of Part 11 of the First Schedule be subject to this 19
agreement and be excluded from the zone in Column 2 of 20
Part 11 of the First Schedule and be included in the zone 21
shown in Column 3 of Part 11 of the First Schedule. 22
2.16 Two areas of land adjoining the combined site are to be 23
developed with that land and it is appropriate for them to 24
be included in the combined site. Council, Robina and 25
Robina Properties have agreed that the land described in 26
Column 1 of Part 12 of the First Schedule be subject to 27
this agreement and be excluded from the zone in 28
Column 2 of Part 12 of the First Schedule and be 29
included in the zone shown in Column 3 of Part 12 of the 30
First Schedule. 31
2.17 During the course of development of the combined site 32
the land in the Special Facilities (Robina Town Centre 33
Core) Zone was physically divided by Robina Town 34
Centre Drive leaving approximately 1.611 hectares on 35
s 10 11 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
the western side of Robina Town Centre Drive. Council, 1
Robina and Robina Properties have agreed the land 2
described in Column 1 of Part 13 of the First Schedule be 3
excluded from the zone in Column 2 of Part 13 of the 4
First Schedule and be included in the zone shown in 5
Column 3 of Part 13 of the First Schedule. 6
2.18 The Northern Frame Land was intended to be developed 7
for golf course, hotel and residential uses. Studies 8
undertaken by Council and Robina show that parts of the 9
low lying land are more suited to environmentally 10
sensitive uses and the balance should be developed for 11
residential uses and commercial uses consistent with 12
uses in the adjoining land in the Special Business Zone. 13
Council, Robina and Robina Properties have agreed that 14
the land described in Column 1 of Part 14 of the First 15
Schedule be excluded from the zone in Column 2 of 16
Part 14 of the First Schedule and be included in the zone 17
shown in Column 3 of Part 14 of the First Schedule. 18
Clause 8 19
Delete clause 8.2. 20
Clause 26 21
Insert:- 22
Upon application to Council for its consent under this clause, 23
Council may impose as a condition of its consent conditions of 24
subdivision, which it might otherwise lawfully have imposed on 25
the application for subdivision creating the management lot, but 26
for its being a management lot. 27
Clause 99 28
(a) Definition of "Combined Site":- 29
Insert the words "11 and 12" after the number "10" and 30
delete "Part 11" and insert "Part 15". 31
(b) definition "Detailed Development approval":- 32
Delete the definition. 33
(c) Definition "DOT":- 34
s 10 12 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Delete the definition. 1
Insert:- 2
"DMR" means the Department of Main Roads 3
(d) Definition "Precinct". 4
Delete definition insert new definition "Precinct" means 5
part of an area shown on the Precinct Plan 2/2/5B or any 6
amended Precinct Plan. 7
(e) Definition "Robina Town Centre Core or Core":- 8
Add after the words "First Schedule" the words "other than 9
the land described in Part 13 of the First Schedule. 10
Throughout the Agreement delete "DOT" and insert "DMR" 11
FIRST SCHEDULE 12
Delete all references to the "Northern Flood Plain" and replace 13
them with "Northern Frame". 14
First Schedule Part 11 15
Part 11 is to be renumbered Part 15. 16
First Schedule Parts 11, 12, 13 and 14 17
Insert new parts 11, 12, 13 and 14 as follows:- 18
s 10 13 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
FIRST SCHEDULE (continued) 1
PART 11 2
ADJUSTMENT LAND 3
Column 1 Column 2 Column 3
Description of Land Existing Zoning New Zoning
That part of lot 771 on RP 909431 Unzoned Special Business
identified as Parcel A on Brown &
Pluthero Drawing No. 12163D,
and more particularly described in
the metes and bounds description
both of which are Document
1/1/21
That part of Lot 861 on Unzoned Special Business
CP 900093 identified as Parcel B
on Brown & Pluthero Drawing
No 12164D, and more
particularly described in the
metes and bounds description
both of which are Document
1/1/22
That part of Lavers Road Unzoned Special Business
identified as "Road to be closed"
on Brown & Pluthero Drawing
No 12167D, and more
particularly described in the
metes and bounds description
both of which are Document
1/1/23
s 10 14 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
PART 12 1
ADJUSTMENT LAND 2
Column 1 Column 2 Column 3
Description of Land Existing Zoning New Zoning
That part of Lot 133 on Future Urban Special Business
RP 886529 identified as Parcel
C on Brown & Pluthero
Drawing No 12165D, and more
particularly described in the
metes and bounds description
both of which are Document
1/1/24
That part of Lots 134 and 144 on Future Urban Special Business
RP 886531 identified as
Parcel D on Brown & Pluthero
Drawing No. 12166D, and more
particularly described in the
metes and bounds description
both of which are Document
1/1/25
PART 13 3
ADJUSTMENT LAND 4
Column 1 Column 2 Column 3
Description of Land Existing Zoning New Zoning
That part of Lot 156 on Special Facilities Special Business
RP 892177 and that part of (Robina Town Centre
Lots 154 and 986 on SP 100234 Core)
identified as Parcel F on Brown
& Pluthero Drawing
No. 12168D, and more
particularly described in the
metes and bounds description
both of which are Document
1/1/26
s 10 15 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
PART 14 1
ADJUSTMENT LAND 2
Column 1 Column 2 Column 3
Description of Land Existing Zoning New Zoning
That part of Lot 9 on Special Facilities (Golf Special Business
RP900112, part of Lots 11 Course, Hotel,
and 869 on RP 892163, part Accommodation Units
of Lot 894 on RP892161, and Public Open Space)
part of Lot 731 on SP100219
and part of Lot 752 on
SP100218 identified as
Parcel G on Brown &
Pluthero Drawing
No 12169C, and more
particularly described in the
metes and bounds
description both of which
are Document 1/1/27 and
Lot 88 on RP 900115 and
Lot 51 on RP 909432
identified as Parcel H on
Brown & Pluthero Drawing
No 12170C and more
particularly described in the
metes and bounds
description both of which
are Document 1/1/28.
s 10 16 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
First Schedule Part 15 1
Delete Drawing RC-NZD-01 Combined Site and Zonings 2
Insert - 3
s 10 17 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
SECOND SCHEDULE 1
Delete all references to "DOT" and insert "DMR". 2
Delete all references to the "Northern Flood Plain" and replace 3
them with "Northern Frame". 4
Second Schedule Clause 3.4 5
Delete the words "and 11" and insert the word "and" after 6
figure 9. 7
Second Schedule Clause 11 8
Delete the word "proposed" in paragraphs 2 and 3. 9
Second Schedule Clause 14 10
Delete Clause 14. 11
Insert - 12
"14 Robina may, from time to time, with the approval of 13
Council amend the structure plan, the master plan, the open 14
space and pathway network plan, Table 2/2/7 and the precinct 15
plans to reflect change, more detailed planning and market 16
expectations. Robina must consult with Council on a proposed 17
revision of a plan and must provide any relevant information in 18
support of its proposed revision as may reasonably be required 19
by Council. Robina must to the extent possible, take into 20
account Council's reasonable and relevant requirements. When 21
Robina amends a plan it must lodge the revised plan with 22
Council which plan will replace and be substituted for the 23
previous plan. The provisions of Section 10 of the RCPA do not 24
apply to an amendment under this clause." 25
Second Schedule Clause 15 26
Delete the last paragraph 27
Insert: 28
"There is a physical constraint on the ultimate development in 29
that the infrastructure for which this agreement provides is 30
designed to service an equivalent population of 23,000 persons 31
(more or less) residing or working within Robina Central. 32
s 10 18 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Following examination of the Regional Framework for Growth 1
Management 2000 and the Activity Centre Strategy (Gold Coast 2
City Council, 1998) Council has identified that Robina Central 3
must provide approximately 12,500 to 15,000 employment 4
opportunities when the Gold Coast reaches a population of 5
700,000. This is a significantly smaller number in equivalent 6
person terms than that provided for in the original of this 7
agreement in 1992 (previously 18,000). The area of land needed 8
to provide those employment opportunities including that 9
already developed or included in approved Plans of 10
Development at June 1999 is 94.67 hectares which is some 54 11
hectares less than the land area originally set aside for 12
commercial purposes and which had it not been so set aside 13
would otherwise have been developed for residential purposes. 14
The planning for the ultimate development (and for each area 15
and precinct) must take these constraints into account. 16
Development which will generate an equivalent population 17
significantly exceeding 23,000 persons is not permitted". 18
Second Schedule Clause 15A 19
Insert:- 20
"15A Primary Concepts and Intentions - Commercial Land 21
Consistent with the intent for Robina Central, the Regional 22
Framework for Growth Management and the Gold Coast City 23
Council Activity Centre Strategy adopted by Council on 17 April 24
1998, Robina Central as a Key Regional Centre is intended to 25
provide approximately 12,500 to 15,000 employment 26
opportunities when the Gold Coast reaches its maximum 27
projected population of 700,000 of which approximately 3,500 28
have been provided (June 1999). 29
Planning for Robina Central must therefore ensure there is 30
sufficient land and infrastructure capacity reserved for those 31
employment opportunities remaining to be provided. 32
Table 2/2/7 identifies the land requirements to accommodate 33
those employment opportunities and in an indicative way a likely 34
distribution of land areas on a Precinct by Precinct basis. 35
Robina must when seeking Council approval of a Plan of 36
Development demonstrate the manner in which the indicative 37
s 10 19 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
land allocation for that Precinct as shown in Table 2/2/7 (or as 1
varied) will be provided. Plans of Development which relate to 2
land fronting the Key Pedestrian Way shown in Plan 2/6/1C must 3
also demonstrate compliance with Part 1 of Table 2/2/8. Plans of 4
Development for land in the Gateway East, Gateway West and 5
Gateway Heights Precincts must demonstrate compliance with 6
Part 2 of Table 2/2/8. If Council is not satisfied a Plan of 7
Development makes provision for the minimum allocations of 8
land as set out in Table 2/2/7 as varied or that the balance of land 9
in the Precinct will be sufficient to satisfy the minimum 10
allocations (or the allocation remaining to be provided) or where 11
relevant, compliance with Table 2/2/8 it may refuse to approve 12
the Plan of Development. 13
It is acknowledged the minimum land areas in Table 2/2/7 are 14
indicative which allows flexibility as to where those land areas 15
are ultimately provided. Accordingly, Robina may vary the area 16
of land allocated to a Precinct in Table 2/2/7 by allocating that 17
area or part of it to another Precinct in Robina Central provided 18
the total area of land allocated in a column is not thereby 19
reduced. 20
Second Schedule Clause 16 21
Delete last sentence. 22
Second Schedule Clause 17.1 23
Delete "studio apartments". 24
Insert "accommodation premises above level 2. However the 25
total extent of residential development in the Core must not 26
exceed 300 Equivalent Persons." 27
Second Schedule Clause 17.3 28
In line 4 insert "low to" before the word "medium". 29
Second Schedule Clause 17.4 30
Delete clause 17.4. 31
Insert:- 32
"17.4 Covering the predominantly low lying land between 33
the Inner Frame and Mudgeeraba Creek, the Northern Frame is 34
s 10 20 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
intended as an area for residential development in a range of 1
densities and building form built around the intensive open space 2
and waterways which dominate this area. Some commercial 3
uses will also be appropriate either in a mixed form with 4
Residential or as stand alone development. A dominant feature 5
is expected to be an eco-tourist type hotel resort accommodation 6
built in a wooded wetland environment. Extensive areas 7
adjacent to Mudgeeraba Creek are to be developed by Council 8
for open space, playing fields and sporting activities." 9
Second Schedule Clause 17.5 10
Insert:- 11
"17.5 Retail Significance of the Core 12
Although Shop Uses are intended for Areas outside the Core, it 13
is not intended that these Shop Uses detract from the planning 14
intent for the Core as described in clause 17.1 or the intent for 15
development stated in clause 18B.1, nor from the intention for 16
the Core to contain the highest order of shopping and 17
accordingly the planning intent for each of the Areas other than 18
the Core and the intent for development of each precinct outside 19
the Core shall be read so as not to permit in those Areas: 20
(a) Highest order shopping such as department stores 21
eg David Jones, Myer; 22
(b) Large (in excess of 6,000 square metres) discount 23
department stores eg K Mart, Target; 24
(c) Single category shop uses eg Bunnings 25
Hardware, which do not comply with the 26
limitations and requirements stated in the Table; 27
(d) Supermarkets which do not comply with the 28
limitations and requirements stated in the Table; 29
(e) Other Shops (other than Single Category Retail 30
Shops, Convenience Shops and Supermarkets) 31
which do not comply with the limitations and 32
requirements both as stated in the Table; 33
(f) Convenience Shops which do not comply with 34
the limitations and requirements as stated in the 35
Table. 36
s 10 21 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Table 1
Single Category Shop Uses 2
A maximum of 25,000 square metres in all Areas other than the 3
Core; 4
A minimum of 3,000 square metres for any Single Category 5
Shop; 6
Shall not be located in the Rail Interchange, West Lake, 7
Peninsula or Riverwalk Precincts; 8
Supermarkets 9
A maximum of 2,000 square metres in any one development; 10
A maximum of 4,000 square metres in all Areas other than the 11
Core; 12
Shall not be in one development with other shops in excess of 13
2,000 square metres gross floor area; 14
Other Shops 15
A maximum of 15,000 square metres in all Areas other than the 16
Core comprising a maximum of 10,000 square metres in 17
precincts Gateway West, Parkway Services, Rail Interchange, 18
West Lake, Peninsula or Riverwalk and a maximum of 5,000 19
square metres in all areas other than the Core and the above 20
precincts; 21
A maximum of 600 square metres gross floor area in one 22
development in association with a single category shop; 23
A maximum of 2,000 square metres gross floor area in one 24
development in association with a supermarket 25
Convenience Shops 26
A maximum of 2,400 square metres in all areas other than the 27
Core. 28
A maximum of 600 square metres in any one development". 29
Second Schedule Clause 18.2 30
Insert "the Northern Frame" after the phrase "the Inner Frame". 31
s 10 22 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Second Schedule Clause 18.3 1
Delete Clause 18.3. 2
Second Schedule Clause 18A 3
Delete. 4
Insert:- 5
"18A The Core and Frame Areas have been divided 6
into Precincts accommodating ranges of dominant land 7
uses considered appropriate for those Precincts having 8
regard to the intents for the Area in which the Precincts are 9
located. 10
The Precincts into which each Core and Frame have so far 11
been divided are shown on the Precinct Plan 2/2/5B. 12
Additional Precincts may be created as more detailed 13
planning of the Core and Frame Areas is advanced. 14
A number of Precincts, including the Rail Interchange, 15
Medical and Gateway West, are presently constrained by 16
existing roads which roads are not included in the relevant 17
Precincts on the Precinct plan. However, as a consequence 18
of the acquisition by Queensland Rail of land for the 19
Robina rail line and transport interchange and Robina's 20
obligation to construct roads giving access to the transport 21
interchange, roads have been closed and it is intended to 22
include them in appropriate zones in conformity with this 23
Agreement . These areas of road will then form part of the 24
Precinct in which they are located and be subject to the 25
relevant planning intentions and provisions of this 26
Agreement." 27
Second Schedule Clause 18B.2 28
Delete. 29
Insert:- 30
"18B.2 INNER FRAME PRECINCTS 31
18B.2.1 HIGH SCHOOL PRECINCT 32
This Precinct located along the Robina Town Centre Drive 33
accommodates the Robina State High School. 34
s 10 23 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
18B.2.2 WEST ENTRY PRECINCT 1
West Entry Precinct is adjacent to the Robina High 2
School, the Hospital and the Railway Station and 3
Interchange. It is envisaged that this precinct will 4
accommodate those uses which are a 'flow on' from the 5
uses in the surrounding precincts. It is therefore 6
primarily intended for a range of business, 7
commercial, education, entertainment, medical, retail 8
and service uses in addition to, complementary to and 9
supporting the uses in those adjoining Precincts. As 10
its location allows rapid access for emergency vehicles 11
to Robina and Mudgeeraba, it is also particularly 12
suitable for emergency services, nursing homes, 13
retirement homes and government administrative 14
offices, indoor sport and entertainment. This easy 15
access and high visibility also makes it suitable for 16
businesses and services needing easy vehicular access 17
for customers and for business needing high exposure 18
such as motor dealerships. This Precinct, the Medical 19
Precinct and Railway Squares C & D in the Rail 20
Interchange Precinct are each considered suitable for a 21
service station, however once a service station is 22
established in one of these Precincts a further service 23
station in any of those Precincts will be undesirable. It 24
is anticipated businesses will be accommodated in 25
groupings of low to medium rise buildings which will 26
integrate with and reflect the adjoining dominant 27
developments in those Precincts. Part of this Precinct 28
has been acquired for the extension of the rail line 29
south from Robina. 30
18B.2.3 MEDICAL PRECINCT 31
The Medical Precinct is ideally located south of the 32
Rail Interchange and east of land owned by the South 33
Coast Regional Health Authority which has been 34
developed as a Hospital. This Precinct is envisaged as 35
providing a range of specialist medical facilities, other 36
business, commercial and service uses complementary 37
to and supporting, activities in both the Hospital and 38
the Rail Interchange. Buildings will be predominantly 39
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low to medium rise and developed in context with the 1
Hospital and development in the Rail Interchange 2
Precinct. Landscaping is to be designed so as to create 3
development unity across this Precinct. 4
18B.2.4 RAIL INTERCHANGE PRECINCT 5
This Precinct comprises land owned by Queensland 6
Rail to accommodate the terminus of the Brisbane to 7
Robina rail line and regional public transport 8
interchange and two parcels of land designated 9
Railway Square C and Railway Square D. Railway 10
Squares C and D may provide a range of convenience 11
retail, education, religious, entertainment, business, 12
commercial, medical, residential and service 13
(including a service station) uses developed in a range 14
of heights and densities from low to medium rise in 15
the short term and ultimately high rise in the long 16
term. Because of their proximity to the terminus and 17
transport interchange Railway Squares C and D will 18
be suitable for large scale development and uses 19
requiring proximity to public transport such as offices, 20
a regional indoor sports entertainment and convention 21
centre. Such a centre could because of its size provide 22
architectural emphasis as a landmark building. 23
Although Railway Squares C and D are suitable for a 24
service station in this Precinct , once a service station 25
is established in either or in West Entry Precinct or in 26
the Medical Precinct a further service station in any of 27
those Precincts is undesirable. 28
Development fronting the Key Pedestrian Way shown 29
on Plan 2/6/1C must comply with the design 30
principles set out in part 1 of Table 2/2/8. 31
18B.2.5 WEST LAKE, EAST LAKE AND PENINSULA 32
PRECINCTS (WATERWAY PRECINCTS) 33
These Precincts are intended for mixed use 34
development with an urban character which relates 35
strongly to the Core retail Precinct in the case of East 36
Lake and Peninsula Precinct and the Rail Interchange 37
in the case of West Lake Precinct. All three Precincts 38
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relate strongly to the distinctive waterway landscape 1
settings. The anticipated land uses include business, 2
cultural, education, entertainment facilities, health 3
care, hotel accommodation, medical, offices, religious, 4
service and residential uses. It is intended that 5
residential uses may be developed either as stand 6
alone forms of development or as a grouping of 7
various forms. Residential uses may also be part of 8
mixed use development in conjunction with 9
commercial or business uses. The commercial uses 10
are likely to be polarised near to the Town Centre, 11
Robina Town Centre Drive, Laver Drive and Collyer 12
Quay with stand alone residential development 13
occurring in the balance of the precincts. 14
Building development is envisaged as being 15
predominantly low to medium rise but with occasional 16
high rise opportunities (up to 20 storeys) at 17
appropriate locations in the longer term. The desirable 18
urban character of these Precincts will be achieved by 19
designing the diverse forms of buildings and 20
landscaping in a way that they combine to create 21
attractive pedestrian friendly frontages and spaces. 22
Development fronting the Key Pedestrian Way shown 23
on Plan 2/6/1C must comply with the design principles 24
set out in part 1 of Table 2/2/8. 25
18B.2.6 RIVERWALK PRECINCT 26
Linking south from the lake to the main highway 27
gateway entry, this Precinct is intended as an 28
alternative, linear river-like park setting for a range of 29
mixed use development. A range of development 30
forms and uses that enhance the serpentine river 31
setting will be encouraged, including business, 32
commercial, education, entertainment, health care, 33
hotel accommodation, medical, residential, service 34
and tourist uses combined with cafes, cultural, 35
religious and restaurant facilities. The Precinct will 36
also be ideal to allow the erection of self contained or 37
fully serviced medium density residential and or 38
mixed use communities. Other potential uses may 39
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include banking, commercial and personal services, 1
limited shopping facilities, recreational uses, together 2
with carparking facilities, outdoor plazas and 3
parkland. 4
Medium to high density development will be 5
permitted in this Precinct with buildings establishing 6
strong axial relationships with the river, including the 7
provision of vistas through or from the lower levels of 8
development. Open spaces, landscaped areas and 9
walkways will be provided along the pedestrianised 10
river setting creating an important unifying element 11
for the complementary mix of land uses and building 12
types that will be accommodated. Development 13
fronting the Key Pedestrian Way shown on Plan 14
2/6/1C must comply with the design principles set out 15
in part 1 of Table 2/2/8. 16
18B.2.7 GATEWAY EAST AND GATEWAY WEST 17
PRECINCTS (GATEWAY PRECINCTS) 18
These Precincts flank the main road entry to the Core 19
and will offer prime sites on which office and business 20
uses can locate with high accessibility and exposure. 21
While these uses are expected to dominate, parts of 22
these precincts may be developed initially for low 23
density residential uses and in the longer term for 24
medium to high density residential uses. Because of 25
this high accessibility and exposure the Precinct is 26
suitable for purposes such as clean industry, cultural, 27
education, health care, medical, motor dealership, 28
religious, showroom and tourist development 29
including hotels, motels, private hospital or retirement 30
community. Complementary convenience uses and 31
services associated with development may also be 32
provided within the Precinct. 33
Buildings may range from low to high rise provided 34
variations in the height and scale are visually and 35
functionally appropriate. The incorporation of 36
landmark features with building designs enhanced by 37
attractive landscape treatments will be encouraged 38
given the "Gateway" nature of these Precincts. 39
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Development in these Precincts must comply with the 1
design principles set out in part 2 of Table 2/2/8. 2
18B.2.8 PARKWAY SERVICE PRECINCT 3
Located between the Robina Town Centre Core and 4
the main road entry of Robina Parkway, this Precinct 5
is intended to extend the range of retail business and 6
related facilities provided by the Core. It is anticipated 7
the Precinct will be predominantly developed for fast 8
food outlets, motor dealerships, restaurants, a service 9
station, service uses, shops, showrooms and 10
compatible uses including commercial premises, 11
offices and various forms of education, entertainment, 12
food and beverage supplies. Medical and service 13
businesses will also be appropriate. A linear 14
combination of low rise building development 15
reflecting an "urban scale" is planned, although 16
considerable variation is envisaged in the architectural 17
design. Facilities that locate in the Parkway Service 18
Precinct will benefit from the high accessibility and 19
exposure to passing traffic offered by this strategic 20
location. 21
Second Schedule Clause 18B.3 22
Delete. 23
Insert:- 24
"18B.3 Southern Frame Precincts 25
18B.3.1 AUTOMOTIVE & SERVICE PRECINCT 26
This Precinct is located immediately south of the 27
Robina Parkway, offering excellent visibility and 28
accessibility to the arterial road system of Robina 29
Central. It is intended for development for an 30
automall in which car and marine dealerships and 31
associated and service and complementary uses will 32
be grouped together to achieve the convenience of 33
"one stop" shopping. It is also intended to provide a 34
range of business, commercial, cultural, education, 35
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professional, retail and service uses which may or may 1
not have some relationship with the automotive 2
industry and which will benefit from proximity to 3
Robina Parkway, Christine Avenue and Scottsdale 4
Drive and will provide facilities to a wide segment of 5
the local community and the travelling public. 6
Development is envisaged as predominantly low rise 7
buildings but may include some medium or high rise 8
buildings with attractive landscape frontages presented 9
as a unified whole and complemented by carefully 10
controlled identity signage. 11
18B.3.2 GATEWAY HEIGHTS PRECINCT 12
Located between the Automotive and Service Precinct 13
and Pacific Highway this Precinct is buffered from the 14
highway and the proposed rail line by Megan's Knoll 15
which makes it attractive for residential uses. 16
Although primarily it is suitable for residential 17
purposes opportunities exist for commercial 18
development, particularly along the Christine Avenue 19
and Scottsdale Drive frontages. 20
Residential development is likely to be low to medium 21
density in the short to medium term but high density 22
opportunities are encouraged now and in the future. A 23
range of housing types and choices is intended. 24
Commercial development intended for the Precinct is 25
business, commercial, showroom and warehouses. 26
Development must comply with the design principles 27
set out in part 2 of Table 2/2/8. 28
18B.3.3 MIXED USE PRECINCT 29
This Precinct offers a high level of visibility and 30
accessibility from the road system. It is intended for a 31
wide range of mixed use developments including 32
accommodation, business, commercial, cultural, 33
education, offices, religious and service uses. Bulky 34
retail uses such as showrooms, motor dealerships, 35
factory units and specialised home improvement uses 36
will be suited in this Precinct. A service station and 37
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retail uses such as shops and take away food outlets 1
together with other complementary and convenience 2
uses for those working in this Precinct are also 3
appropriate. Development is envisaged as being 4
predominantly low to medium rise with attractive 5
landscaped and pedestrianised frontages 6
18B.3.4 SOUTH HILL PRECINCT 7
This linear Precinct runs south along the Pacific 8
Highway frontage from the Gateway East Precinct. 9
The Precinct is intended for predominantly low to 10
medium rise buildings which will house a wide range 11
of business and service uses, large bulky retail uses 12
such as showrooms, service industries and 13
warehouses not appropriate in other Precincts. It will 14
also be an appropriate location for the new style of 15
'clean' industry associated with computer, electronic 16
and high technology uses. Other uses such as a motel 17
or uses having education and religious characteristics 18
would be appropriate complementary facilities. 19
Development should reflect a strong integration 20
between the architectural design and landscape 21
treatment to create a business and office environment 22
in an impressive park like setting. 23
18B.3.5 SOUTHERN VALE PRECINCT 24
Southern Vale is bounded by the arterial roads of 25
Scottsdale Drive and Christine Avenue and is located 26
adjacent to the proposed southern sports fields. Much 27
of the Precinct will be suitable for a range of quality 28
housing types and densities together with some office, 29
showroom and business and service development with 30
development occurring in a mixed use combination. 31
Other complimentary uses include convenience 32
shopping, child care centres with education, cultural 33
and community facilities also being appropriate. 34
Generally, low to medium rise buildings are envisaged 35
across the Precinct." 36
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Second Schedule Clause 18B.4 1
Delete. 2
Insert:- 3
"18B.4 Northern Frame Precincts 4
18B.4.1 PARK HILL AND WATERVIEW PRECINCTS 5
(RESIDENTIAL PRECINCTS) 6
These Precincts which consist of four separate land 7
parcels offer prime park and waterfront sites 8
committed for residential uses. A range of low to 9
medium rise and relatively low density quality housing 10
types are suitable. These may include terrace houses, 11
dwelling houses and apartments. These Precincts will 12
be extensively landscaped to enhance their attractive 13
open space settings. 14
18B.4.2 CHELTENHAM DRIVE PRECINCT 15
This Precinct is centred around open space which 16
might be developed for recreational activities or the 17
like. It is intended to provide residential 18
accommodation in association and integrated with 19
development of the open space - by way of a single 20
prestige home with a private golf course or apartment 21
buildings, lower density forms of residential 22
development such as townhouses, dwelling houses or 23
a retirement community or any combination of these 24
forms of development. Some complementary uses 25
may be appropriate to provide services to residents 26
within the Precinct such as child care, kiosk and a 27
surgery. 28
18B.4.3 NORTHERN PRECINCT 29
This Precinct comprises the low lying land adjacent to 30
the Mudgeeraba Creek. It is intended it be developed 31
in part for an eco-tourist hotel resort utilising existing 32
and proposed waterways. The remainder is to be 33
transferred on trust to Council for open space purposes 34
which it is envisaged will be utilised for sporting 35
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facilities such as a tennis or basketball centre and 1
playing fields. 2
18B4.4 NORTH VIEW PRECINCTS A & B 3
These Precincts consist of land which has been filled 4
as identified on Plan 2/12/5A. It is anticipated the land 5
in Precinct A will primarily be developed for a range 6
of choices in low to medium density residential 7
development with limited forms of complementary 8
uses such as child care centres, convenience shops and 9
recreation facilities. The location of this precinct close 10
to the railway station makes it ideal for residential use. 11
Generally, development is anticipated to be low to 12
medium rise but limited locations for high rise 13
buildings will be permitted to retain view sheds to the 14
North. 15
Given the proximity of the precinct to the railway 16
station, it is anticipated the land in Precinct B will be 17
primarily developed for a range of choices in low to 18
medium and high density residential development 19
which may include resort hotel and other forms of 20
tourist accommodation and associated facilities. It 21
would also be suitable for a convention centre, 22
cultural, educational, entertainment, religious or 23
sporting facilities and some forms of business and 24
commercial uses. Limited forms of complementary 25
uses such as child care centres, convenience shops and 26
recreation facilities to support the uses in the precinct 27
will also be appropriate. Generally, low to medium 28
rise development with limited locations for high rise 29
buildings will capitalise on the adjacent redeveloped 30
low land in the Northern Precinct and the desirable 31
northerly orientation. 32
18B.4.5 ENVIRONMENTAL ASSESSMENT & 33
MANAGEMENT 34
The proposed form of development in Cheltenham 35
Drive Precinct and Northern Precinct as depicted on 36
Plan 2/2/3C is expected to involve the excavation and 37
filling of land. Excavation and filling of land identified 38
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in Plan 2/12/9, and as more particularly described in 1
clause 183B, has been assessed by Council as being 2
capable of being carried out in a manner which will 3
not cause adverse impacts in terms of flooding, 4
hydrology or stormwater management. Therefore, no 5
further environmental impact studies will be required 6
to support applications for a development permit (for 7
operational works) to carry out such filling and 8
excavation. However, the applicant will still need to 9
satisfy Council that each particular operational works 10
application is consistent with the flooding, hydrology 11
and stormwater assessment which has been accepted 12
by Council, as well as address other usual matters for 13
such applications as more particularly mentioned in 14
clause 183B. 15
Plans of Development must include management 16
plans for environmental management issues envisaged 17
by clause 153.3.16." 18
Second Schedule Clause 18C 19
At the end of paragraph 2 insert "Before land can be developed 20
the land must be included in a Plan of Development." 21
Second Schedule Clause 18C Table 22
Delete "duplex dwelling". 23
Second Schedule Clause 18D.4 24
Insert at the end of the clause:- 25
"A Plan of Development may despite the definition of a use limit 26
the extent of the use by reference to one or more of the 27
following:- 28
· total use area; or 29
· a class of industry, business, product, service or 30
undertaking; or 31
· hours of operation." 32
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Second Schedule Clause 18D.4A 1
Insert:- 2
"18D.4 A The purposes for which land in the development 3
section may be used only with the consent of Council and the 4
purposes for which development must not be carried out." 5
Second Schedule Clause 18D.7A 6
Insert:- 7
"18D.7A A demonstration of the manner in which the 8
indicative land allocation for that Precinct as shown in Table 9
2/2/7 will be provided and how the requirements of Table 2/2/8 10
(where relevant) will be satisfied." 11
Second Schedule Clause 18D.12 12
Add "unless there are sufficient planning grounds to justify any 13
inconsistency" 14
Second Schedule Clauses 18D.4A to 18D.12 15
Renumber as 18D.5 to 18D.14 16
Second Schedule Clause 18E.2 17
Delete. 18
Insert:- 19
"18E.2 Council may only refuse to approve a Plan of 20
Development if it is satisfied that it is inconsistent with any of 21
the concepts referred to in clause 18D.10 to 18D.14 and there are 22
insufficient planning grounds to justify the inconsistency." 23
Second Schedule Clauses 18F, 18G and 18H 24
Delete Clauses 18F, 18G, 18H. 25
Insert:- 26
"Variation of Plan of Development and Development Section 27
by Robina before Transfer of Land. 28
18F A Plan of Development or a Development Section may 29
be varied by Robina before it transfers any developable 30
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part of the land in that Development Section. Upon 1
Robina varying a Plan of Development or a Development 2
Section it must lodge the varied Plan of Development 3
with Council which replaces the previously approved 4
Plan of Development. 5
Variation of Plan of Development after Robina Transfers Land 6
18G After Robina transfers a developable part of the land in a 7
Development Section, the Plan of Development may be 8
varied:- 9
18G.1 in the case of a minor variation, in respect of an 10
allotment in that Development Section, by the 11
owner of that allotment, lodging with Council 12
the minor variation with the consent in writing 13
of Robina (if it is not the Applicant); 14
18G.2 in the case of any other variation in respect of 15
an allotment in that Development Section, by 16
the owner of that allotment, in accordance with 17
the provisions of this Agreement applicable to 18
applications for consent in respect of a 19
permissible use. 20
Variation of a Development Section after Robina Transfers 21
Land 22
18GA After Robina transfers a developable part of the land in a 23
Development Section, Robina may vary the 24
Development Section by decreasing the area of land 25
comprising that Development Section and in that event; 26
18GA.1 if the area of the Development Section is not 27
decreased by more than 10% then Council 28
may at its discretion approve the variation; 29
and 30
18GA.2 in the case of any other variation - 31
(a) provided all owners of allotments 32
within the Development Section have 33
consented to the change in writing, 34
Council may approve the variation or; 35
(b) in the event all of the owners of 36
allotments in the Development Section 37
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do not consent, then Robina must apply 1
to Council for its consent to the 2
variation and the provisions of this 3
Agreement applicable to applications 4
for consent in respect of a permissible 5
use will apply to that application for 6
variation. 7
In clause 18F, 18G and this clause "developable part of the land" 8
in a Development Section means:- 9
Land that is able to be used or developed for a lawful purpose 10
and does not include land which is required to be dedicated for 11
road or transferred for a local government purpose as a 12
requirement or a condition of an approval. 13
Variation of a Plan of Development to include certain new 14
permitted uses 15
18GB A Plan of Development which was approved by the 16
Council prior to the date of effect of the Second 17
Amending Agreement may be amended, under clause 18
18F or clause 18G.2 (as the case requires), to include 19
as a Permitted Development under the plan a use 20
which is a Permitted Development under clause 151.1, 21
but before that date of effect was a Permissible 22
Development under clause 151.2 (other than under the 23
last paragraph of clause 151.2). 24
18GC The application to the Council for approval of an 25
amendment under clause 18GB must include the 26
consent in writing of Robina if Robina is not the 27
applicant. 28
18GD Clause 18GB does not limit clauses 18F and 18G.2 29
Variation - Application of Provisions 30
18H The provisions of clause 18E apply to a variation of a 31
Plan of Development or a Development Section." 32
Second Schedule Clause 18N.4 33
Delete the last clause. 34
Insert:- 35
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"The target residential population has increased to 10,000 1
equivalent persons from the original 1992 estimate of 5,000 2
equivalent persons in recognition of the reduction in the number 3
of equivalent persons for commercial/employment purposes and 4
in recognition of the oversupply by Robina of 54 hectares of 5
land for these purposes and which land is no longer required for 6
those purposes. 7
As a result the combined site is designated for a target residential 8
population of 10,000 equivalent persons to be accommodated in 9
development designed under controls based on performance 10
criteria developed from first principles for each situation." 11
Second Schedule Clause 18T and 18U 12
Insert:- 13
"Transitional 14
18T A Plan of Development approved by Council before the 15
making of a further agreement must be interpreted on the 16
basis of this agreement in force at the time the Plan of 17
Development was approved by Council. 18
18U An amendment of a Plan of Development approved by 19
Council before the making of a further agreement must for 20
the purpose of clause 18D.8 be consistent with this 21
agreement in force applicable at the time Council approves 22
the amendment of the Plan of Development." 23
Second Schedule Clause 18V 24
Insert:- 25
"Interim Purpose 26
18V Despite the provisions of this Part, Council may (if 27
requested by Robina) at its discretion allow land to be used for 28
an interim or temporary purpose for a period not exceeding two 29
(2) years even though the land has not been included in a Plan of 30
Development and an application for final development approval 31
has not been made." 32
Second Schedule Clause 25 33
Insert after "Service District" where it last appears:- 34
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"or where the land in the Service District is developed in stages 1
then the road section may be constructed only to the extent of 2
that part of the road which lies adjacent to that stage." 3
Second Schedule Clause 25.1 4
Insert:- 5
"and (if required) a connection to the road network". 6
Second Schedule Clause 29 7
Delete "Christine Avenue". 8
Insert "Scottsdale Drive". 9
Delete "Q" 10
Second Schedule Clause 36 11
Delete "pursuant to Section 6.2 of the Act". 12
Second Schedule Clause 38 13
Delete. 14
Second Schedule Clause 39 15
Delete "subject to clause 38". 16
Second Schedule Clause 41.1 17
Delete. 18
Insert:- 19
"41.1 The amount of the additional water headworks charges 20
is the number of equivalent persons calculated by multiplying 21
the number of occupied storeys above 4 x 15 EP per hectare and 22
then multiplying the resultant number by the applicable rate per 23
equivalent person under the relevant planning policy as at the 24
date building approval is granted for the building." 25
Second Schedule Clause 44A 26
Insert:- 27
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"44A Calculation of headworks charges (mixed use 1
development) 2
The water headworks charges payable at the time referred to in 3
clause 37 for an allotment intended for mixed non-residential 4
and residential use are to be calculated in the same manner as 5
provided in clause 39. 6
When it is proposed to construct a building on that allotment for 7
mixed non-residential and residential use, the number of 8
equivalent persons for the proposed development must then be 9
re-calculated on the basis of 2.4 EP for each residential unit and 10
in respect of each fixture associated with the non-residential use 11
as determined in accordance with the relevant planning policy as 12
at the date building approval is granted for the building. In the 13
event the number of EP so derived exceeds the number of EP in 14
respect of which headworks charges were paid at the time 15
referred to in clause 37 then additional headworks charges must 16
be paid in respect of the excess EP at the applicable rate per 17
equivalent person under the relevant planning policy before 18
Council is obliged to release the approved building plan to any 19
person. 20
In the event water headworks charges are paid for an allotment 21
in accordance with this clause 44A and the allotment is not then 22
to be used for mixed use development then if it is to be used for 23
non-residential purposes the provisions of clauses 40 and 41 will 24
then apply to that allotment. If it is to be used for residential 25
purposes then the provisions of clause 42, 43 and 44 will apply 26
to that allotment as though Robina had nominated the number of 27
proposed residential units determined by dividing the number of 28
equivalent persons in respect of which headworks were paid 29
x 2.4." 30
Second Schedule Clause 45 31
Delete "39 or 42". 32
Insert "39, 42 or 44A" 33
Second Schedule Clause 59 34
Delete "pursuant to Section 6.2 of the Act" 35
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Second Schedule Clause 61 1
Delete. 2
Second Schedule Clause 62 3
Delete "subject to clause 61". 4
Second Schedule Clause 64.1 5
Delete. 6
Insert:- 7
"64.1 The amount of the additional sewerage headworks 8
charges is the number of equivalent persons calculated by 9
multiplying the number of occupied storeys above 4 x 15 EP per 10
hectare and then multiplying the resultant number by the 11
applicable rate per equivalent person under the relevant planning 12
policy as at the date building approval is granted for the 13
building". 14
Second Schedule Clause 67A 15
Insert:- 16
"67A Calculation of headworks charges (mixed use 17
development) 18
The sewerage headworks charges payable at the time referred to 19
in clause 60 for an allotment intended for mixed non-residential 20
and residential use are to be calculated in the same manner as 21
provided in clause 62. 22
When it is proposed to construct a building on that allotment for 23
mixed non-residential and residential use, the number of 24
equivalent persons for the proposed development must then be 25
re-calculated on the basis of 2.4 EP for each residential unit and 26
in respect of each fixture associated with the non-residential use 27
as determined in accordance with the relevant planning policy as 28
at the date building approval is granted for the building. In the 29
event the number of EP so derived exceeds the number of EP in 30
respect of which headworks charges were paid at the time 31
referred to in clause 60 then additional headworks charges must 32
be paid in respect of the excess EP at the applicable rate per 33
equivalent person under the relevant planning policy before 34
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Council is obliged to release the approved building plan to any 1
person. 2
In the event sewerage headworks charges are paid for an 3
allotment in accordance with this clause 67A and the allotment 4
is not then to be used for mixed use development then if it is to 5
be used for non-residential purposes the provisions of clauses 63 6
and 64 will then apply to that allotment. If it is to be used for 7
residential purposes then the provisions of clause 65, 66 and 67 8
will apply to that allotment as though Robina had nominated the 9
number of proposed residential units determined by dividing the 10
number of equivalent persons in respect of which headworks 11
were paid x 2.4." 12
Second Schedule Clause 68 13
Delete "62 or 65". 14
Insert "62, 65 or 67A" 15
Second Schedule Clause 81 16
Delete. 17
Insert:- 18
"81.1 Robina must transfer or cause to revert to the Council 19
in fee simple (on trust) for Local Government 20
purposes (open space:)- 21
81.1.1 those parcels of land outlined in red on Plan 22
No. 2/6/1C not already transferred as at the 23
31 March 2002; 24
81.1.2 an additional 6ha of land within the 25
combined site (Council acknowledges 26
Robina has partially satisfied this 27
obligation); 28
81.2 Robina must transfer to the Council in fee simple (on 29
trust) for Local Government Purposes (community 30
facilities) the parcel of land outlined in orange on plan 31
2/6/1C at the time of the sealing of release of the 32
Plan of Subdivision creating the first allotment in the 33
Northern Precinct. 34
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81.3 Robina must obtain any valuation required to enable 1
the transfer to be stamped and pay any stamp duty in 2
respect of those transfers. 3
81.4 If the Council intends to sell land it obtains under this 4
clause 81, the Council must advertise its intention to 5
sell by placing a notice of the sale in a newspaper 6
circulating in the Council's area. 7
The notice must contain the following:- 8
81.4.1 a description of the land proposed to be sold; 9
81.4.2 the purpose for which the land was given on 10
trust; 11
81.4.3 the reason for proposing to sell the land; and 12
81.4.4 the reasonable time within which 13
submissions must be made. 14
81.5 The Council must consider all submissions in relation 15
to the notice before making a decision about the sale. 16
81.6 If the Council complies with clauses 81.4 and 81.5 and 17
sells the land, the land is sold free of trust." 18
Second Schedule Clause 82 19
Delete "Clause 81.2" 20
Insert "Clause 81.1.2" 21
Second Schedule Clause 82.1 22
Delete "but only if a pedestrian/bikeway is constructed in it." 23
Second Schedule Clause 86 24
Delete all words after the first sentence. 25
Second Schedule Clause 87 26
In paragraph 2 delete "(Community Centre)" 27
Second Schedule Clause 120 28
Delete "Accommodation premises". 29
s 10 42 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Insert "Accommodation Premises (not exceeding 300EP in 1
total) for the Core". 2
Second Schedule Part 10 3
In the heading insert "Northern Frame" after "Inner Frame". 4
Second Schedule Clauses 150.1, 150.2 and 150.3, 152, 5
153.2.6, 155 6
After the phrase "Inner Frame" insert the phrase "Northern 7
Frame". 8
Second Schedule Clause 151.1 9
Insert "Convention Centre", "Cultural Facility", "General 10
Store", "High Technology Entertainment Facility", "Integrated 11
Housing", "Licensed Club", "Radio & Television Premises", 12
"Retail Nursery", "Retirement Community", "Shop" (not 13
exceeding the limits set out in clause 17.5), " Service Station 14
Combination, Studio Apartment " 15
Second Schedule Clause 151.2 16
Insert in the opening paragraph "subject to limitation by a Plan 17
of Development" after the words "Development Section". 18
Delete "Convention Centre", "Cultural Facility", "Duplex 19
Dwelling", "Factory Units", "General Store", "High Technology 20
Entertainment Facility", "Integrated Housing", "Licensed Club", 21
"Radio & Television Premises", "Retail Nursery", "Retirement 22
Community", "Shop", " Service Station Combination" 23
Insert "Shop (exceeding the limits set out in clause 17.5)" 24
Second Schedule Clause 153.1 25
Delete "duplex dwelling" 26
Second Schedule Clause 153.3.1 27
Delete. 28
Insert:- 29
s 10 43 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
"153.3.1. The minimum allotment and lot size, minimum 1
frontage of allotments, maximum number of allotments or lots, 2
and density of residential development." 3
Second Schedule Clause 153.3.16 4
Insert:- 5
"153.3.16 Environmental management issues including 6
stormwater management (quantity and quality); noise (acoustic 7
quality); native habitat (flora and fauna) protection; erosion, 8
sediment, and dust control; acid sulfate soil management; 9
waterbody maintenance; and the consideration of 10
electromagnetic fields." 11
Second Schedule Clause 153.3.17 12
Insert:- 13
"153.3.17 Noise amelioration for noise sensitive uses (as 14
defined in the Environmental Protection Act 1994) for 15
development: 16
(a) within 100 metres of the rail corridor, for noise 17
sensitive uses north of Robina Rail Station and South of Robina 18
Rail station following Queensland Rail's final commitment to 19
extend the rail line to the south, as required by law and/or 20
statutory instruments; 21
(b) within 100 metres of the rail corridor, for noise 22
sensitive uses south of Robina Rail Station before Queensland's 23
Rail final commitment to extend the rail line to the south, as 24
required to make reasonable provisions, by means of building 25
design to reduce potential noise levels within development; and 26
(c) adjacent to, or within the vicinity of, existing or 27
proposed State Controlled Roads, as required by law and/or 28
statutory instruments, by appropriate means, including 29
attenuation devices and building design." 30
Second Schedule Clause 153.6.6 31
Insert at end of clause:- 32
s 10 44 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
"...In lieu of an assessment, a Plan of Development may, if 1
Council agrees adopt Council parking requirements for the 2
proposed development." 3
Second Schedule Clause 157N 4
Delete "and Part 11" 5
Insert before Part 9 "and". 6
Second Schedule Clause 157N Explanatory Definitions 7
Insert:- 8
"(a) accommodation units" - any premises used or intended 9
for use for residential purposes." 10
Second Schedule Clause 157N Use Definitions 11
Delete definitions of :- 12
"accommodation units" 13
"factory units" 14
Amend the definition of "hospital" by inserting after the word 15
"uses" in the third last line:- 16
"including a hotel or other accommodation premises," 17
Delete definition of "duplex dwelling" 18
Amend the definition of "Integrated Housing" by deleting Item 3 19
from it. 20
Amend the definition of "light industry" by deleting references 21
in Appendix III to the following:- 22
-Electrical appliance manufacturing 23
-Foodstuff manufacturing 24
-Furniture storage 25
-Printing 26
-Shop fitting 27
-Signwriters' yard 28
-Woodworking 29
s 10 45 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
-Workshop 1
-Cameras 2
-Clocks, watches - 3
-Optical goods (other than spectacles or the like) 4
-Scientific instruments 5
-Sports equipment (other than ammunition, vehicles 6
and watercraft) 7
-Therapeutic and life support aids, appliances, 8
garments and equipment 9
Insert:- 10
"Studio apartments" - any premises used or intended for use for 11
self-contained residential purposes not exceeding 60 sqm in area 12
and where the sleeping accommodation is not contained in a 13
separate room." 14
Delete the definition of "service industry". 15
Insert:- 16
"Service Industry - Any premises used or intended for use for the 17
purpose of conducting any industry not specifically defined 18
elsewhere in this clause and which complies with the criteria in 19
Appendix V. 20
Appendix V 21
1. resulting noise levels must not detrimentally affect the 22
amenity of the areas; 23
2. dust, fumes, odours or any other emission shall be 24
contained within the subject premises at all times; 25
3. the appearance of the development must not detrimentally 26
affect the amenity of the area, whether by reason of the 27
scale of the buildings, the design and materials used in the 28
buildings, the storage of goods, vehicles or any other 29
material outdoors, or any other thing, taking into account 30
the location of any buildings and the topography and other 31
characteristics of the site and any landscaping existing or 32
proposed; 33
s 10 46 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
4. any traffic generated by the activities on the premises must 1
not cause or aggravate a traffic problem, nor detrimentally 2
affect the amenity of the area." 3
Second Schedule Part 11 4
Delete Part 11. 5
Second Schedule Clause 174 6
Delete. 7
Second Schedule Clause 183A 8
Insert:- 9
"183A Temporary Signs 10
Robina may without the consent of Council erect 10 temporary 11
signs for Robina marketing purposes which signs must not 12
exceed eight (8) metres x six (6) metres in prominent locations 13
on key sites on land owned by it in the combined site in such a 14
manner as not to interfere with the safe movement of pedestrian, 15
cycle and vehicle movements." 16
Second Schedule Clause 183B 17
Insert:- 18
"183B DEVELOPMENT IN THE NORTHERN FRAME 19
An environmental impact assessment of the proposed form of 20
development in the Cheltenham Drive Precinct and Northern 21
Precinct has been undertaken by Robina and accepted by 22
Council as demonstrating that the development proposed, 23
including excavation and filling of land, may be carried out 24
without adverse environmental impact in terms of flooding, 25
hydrology and stormwater management issues. 26
The developer of Areas A, B or C in those Precincts, as more or 27
less outlined in pink on Plan 2/12/9, may place fill within the 28
areas outlined in blue within each Area, so long as any decrease 29
to the existing flood plain storage capacity caused by that filling, 30
is balanced by creation of wetland areas or other excavation 31
within the remaining part of the Area in which fill has been 32
placed, so that there is no net loss of flood plain storage capacity, 33
s 10 47 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
and no other adverse flooding or drainage impact external to the 1
relevant area. 2
However, a development permit (for operational works) must 3
still be obtained, as required by the Planning Scheme, for all 4
proposed earthworks. The application for this permit may be 5
made in conjunction with application for approval of a Plan of 6
Development, or as a stand alone application. No further 7
environmental impact assessment or flood impact study will be 8
required to be provided in conjunction with any such 9
application, but the Council will need to be satisfied that each 10
such application is consistent with the basis of Council's 11
acceptance of the previous assessment. 12
The application for development permit must also satisfactorily 13
address the other usual matters for such applications, such as 14
management of acid sulfate soils, noise, native habitat 15
protection, erosion and sediment and dust control." 16
Second Schedule Clause 196.2 17
Delete "31 December 1997". 18
Insert "30 June 2000". 19
2.2 By removing from the Plans, Tables, Drawings and Documents 20
held at the Public Office of the Council, the following 21
Plans/Tables - 22
Plan 2/2/6 23
Plan 2/11/1 24
2.3 By removing from the Plans, Tables, Drawings and Documents 25
held at the Public Office of the Council the Plans/Tables shown 26
in Column 1 and substituting in their respective place the 27
Plans/Tables in column 2 opposite the Plans/Tables deleted:- 28
Column 1 Column 2
Plan No. 2/2/2B to be replaced by Plan No. 2/2/2C
Plan No. 2/2/3B to be replaced by Plan No. 2/2/3C
s 10 48 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Plan No. 2/2/5A to be replaced by Plan No. 2/2/5B
Plan No. 2/3/1A to be replaced by Plan No. 2/3/1C
Table No. 2/3/2A to be replaced by Table No. 2/3/2B
Plan No. 2/3/3A to be replaced by Plan No. 2/3/3B
Plan No. 2/3/8 to be replaced by Plan No. 2/3/8A
Plan No. 2/4/1 to be replaced by Plan No. 2/4/1A
Table No. 2/4/3A to be replaced by Table No. 2/4/3B
Plan No. 2/5/1A to be replaced by Plan No. 2/5/1B
Table No. 2/5/2A to be replaced by Table No. 2/5/2B
Plan No. 2/6/1 to be replaced by Plan No. 2/6/1C
Table No. 2/6/2 to be replaced by Plan No. 2/6/2A
Plan No. 2/12/5 to be replaced by Plan No. 2/12/5A
and by deleting the words and figures shown in column 1 1
wherever they appear in the Robina Central Planning Agreement 2
and substituting in their respective place the words and figures in 3
column 2 opposite the words and figures deleted. 4
2.4 By including in the Plans, Tables, Drawings and Documents to 5
be held at the Public Office of the Council Documents 1/1/21 to 6
1/1/28 (inclusive), Tables 2/2/7, 2/2/8 and Plan 2/12/9. 7
2.5 By making all necessary or consequential amendments to give 8
effect to the substantive amendments set out above. 9
3. A reference to a Plan, Table, Drawing or Document identified by a 10
particular number in this Second Amending Agreement is a reference 11
to a Plan, Table, Drawing or Document bearing that number held at 12
the public office of the Council certified under seal by both the 13
Council and Robina and Robina Properties as being the Plan, Table, 14
s 10 49 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Drawing or Document of that number referred to in this Second 1
Amending Agreement. 2
4. Clause 99 of the Robina Central Planning Agreement applies to this 3
Second Amending Agreement and is incorporated by reference in this 4
Second Amending Agreement. 5
Executed as an Agreement
THE COMMON SEAL of )
ROBINA LAND CORPORATION )
ACN 010 159 387 is affixed in )
accordance with its Constitution in )
the presence of:
Director
Witness
Director/Secretary
THE COMMON SEAL of )
ROBINA PROPERTIES ACN 010 )
147 038 is affixed in accordance with )
its Constitution in the presence of: )
Director
Witness
Director/Secretary
)
THE CORPORATE SEAL of )
COUNCIL OF THE CITY OF )
GOLD COAST was hereunto affixed )
in the presence of )
)
the Mayor, and )
)
)
the Chief Executive Officer and in the )
presence of
s 10 50 s 10
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Witness
Solicitors for Robina Land Corporation Pty Ltd Shand Taylor Lawyers
and Robina Properties Pty Ltd: Level 4
77 Eagle Street
Brisbane
Mr JD Taylor
Solicitors for Council of the City of Gold Coast: King & Company
Level 6
Quay Central
95 North Quay
Brisbane
Mr SP Fynes-Clinton'.
© State of Queensland 2003
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