Mermaid Beach Prospective Development - Report Example

Sta y Planning Mermaid Beach Prospective Development Advice Sheet This paper deals with the issues created due to proliferation of high-rise buildings, which poses life risks, in the event of land erosion and ocean storms, due to its proximity to the sea front. It also poses grave environmental threats and ecological imbalances, besides reducing the quality of human life.” The strip of high rise development from main beach to Coolangatta is saved only by the beach, there is so little coastal green space left, and in the event of the water level rise, let alone a cyclone or a king tide, there wont be much left of either the beach or the canal estates to cavort on” ( Peter 2007). “Mermaid Beach is, however, known for its millionaires row of beachfront homes. Many prestigious business owners buy and sell the beautiful beachfront properties on the famed Hedges Avenue because of its location and prestige.” (Things to see and do 2007) 1. The purpose of planning is to ensure that there are no threats to the environment or ecological imbalances in the neighbourhood. Planning mainly deals with floor density, which is the density of the apartment floor area in proportion to the total land area in which the building is housed. High-rise buildings have very high density, which could be environmentally hazardous. In case the density limits are not observed, the resultant population increase could result in traffic congestions, air and noise pollution, which would lower the quality of life in the neighbourhood. There is no reference as such. This has been stated as a general consequence of proliferation of high rise building in regions. (REF) “Public preference for a light rail transit (LRT) system, rather than a "Bus Rapid Transit" system, seems to be running high in Australias Gold Coast.” ( News: Right rail now 2007). 2) The purpose of town planning scheme (TPS) is to control and regulate the use and development of land in a specific town or region. It is meant to provide zonal jurisdiction for essential infrastructure like roads, shops, traffic, etc. and requires “all public and private landowners to comply with planning scheme requirements so an integrated approach to risk reduction can occur” (Effective Risk Reduction: Planning Safer Communities 2002). I opened the web but I couldn’t reach the information (Effective Risk Management : Section 6.6.3 P. 53) On the other hand, scheme provisions are meant to provide a legal cloak in aiding the regional planning process, and normally includes, dealing with matters concerning more than one local government control areas.”Up to the 1980s, development plans and codes relied on prescriptive standards, which laid down, in quite concrete (and often numerical) terms, how a development must occur…. Site (See site provided at the end of this para)-specific plans now rely more on a performance-based approach.Performance-based codes are concerned with defining: • development principles, • characteristics of good development, and • performance criteria focusing on outcomes and quality of development. (Performance Based Approach : Emergency Management Australia 2002). Which page? (‘legal cloak’ is an expression used by the writer from own knowledge. There is no site referencex) 3). Prospective customers could find the information they need to know about developing property in Mermaid beach by accessing the official website of Gold Coast City Council (GCCC). (Planning and development council online 2007). 4) The factors that would be considered by the Gold Coast City Council under the provisions of the town planning scheme and Queensland Integrated Planning Act would lay emphasis on the following factors:( i). The aspects relating to beautiful appearance of the proposed building construction, and the work structure should be of high quality standards which is beneficial to the character of the local environment in which the building is located. ii). The raw materials used for the construction, design layout and colouring should be line with the existing building facades ( iii) The proposed building would not have any detrimental effect on the street façade or local environment existing in the deemed landscaping which needs to contribute to the aesthetic appeal of the local environment. (iv) The deemed building should have a maximum height of 8.5 Meters and should not have more than 2 storey’s. (v) A development application should not be for more than 1 dwelling on the allotment and the Site Cover should not exceed the maximum specified in the relevant domain/ Local Area Plan. (Standard Building Regulation Application. Performance Criteria Building Setback 2007). The requisite fees along with the development application needs to be paid at the time of submission of the development application. In the opinion, of the Chief Executive Officer; if there is any excess fee payment than what is needed, it needs to be refunded, and if there is any shortage, the deficit would be collected from the applicant. “As assessment manager or a concurrence agency may, but need not, refund all or part of the fee paid to it to assess an application.” (Refunding Fees: Queensland Planning Act 1997) 5. Indiscriminate and wanton variations in the land use zoning, which means the differentiations of the various types of areas for different uses, in particular area, could cause serious environmental imbalances. Zoning refers to “Land allocated or identified as a zone or other like term such as domain or area in a planning scheme, including a strategic plan in a transitional planning scheme.” (Southeast Queensland Regional 2005) (last Para). You didn’t included in the referencing page, also can you site the page number of the information. (this has been taken from the abovementioned website) Likewise, residential density means the floor area of a house in relationship to the total floor area in the location. A high residential density would create congestion, scarcity of basic human needs, like water, fresh air, etc and increase level of traffic problems, pollution, and pose a detriment to the prospective development in the area. A developer in Mermaid Beach could avoid these problems by strictly adhering to the Rules and Regulations and the statutory laws binding the development of property in this region. (There is no reference .This has been based on the writer’s own knowledge) REF 6. The various scheme provisions and legislations that may be considered by a council officer while assessing the merits of development application, among other are:     a. Integrated Development Assessment System b. Building and Integrated Plan Amendment c. Development Act 1993 d. Integrated Planning Act 7. The Assessment tables for each district, found in the Cainns Plan of that particular district, identifies the level of Assessment provided for development. It comprises of a. Self Assessment b. Code Assessment c. Exempt category d. Impact assessment The Assessment Tables for each district comprises of 1. The initial level of assessment – material change of use. 2. Initial level of assessment- other development. 3. Conversion Tables.  (Table of Assessment 2007). 1. The initial level of assessment would assess the initial level of assessment for development. The table also chooses certain development requiring impact assessment, and is a use that is not in conformity with the development of that locality. 2. If the premises have been taken in one overlay map, then the conversion table would convert the initial level of assessment based on the level of assessment identified in conversion table. 3. If the premises has been taken in more than one overlay map, or overlapping maps, then the highest level of assessment assigned by the conversion tables would be applied to the Development. Section 3.5.13 of the Integrated Planning Act (IPA) sets out the designated provision for the evaluation of Code Assessable Development. The Code contains performance criteria and, only if acceptable measures are met, would the application be granted approval (Paraphrased from abovementioned Section) .REF “The assessment manager must approve the application if the assessment manager is satisfied the application complies with all applicable codes whether or not conditions are required for the development to comply with the codes.” (Decision if application requires code Approval Assessment 2007). He also has to consider the assessment criteria, that is the benchmarks that results from “self assessable or assessable developments, including applicable codes, that are relevant to particular development; and also whether code assessment or impact assessment is required for assessable development.” (Key elements of IPA 2006) 8. The builders have to strictly follow building code during the construction process. These codes have been established in order to ensure excellent quality and, economical building and plumbing codes, and also to set in place, an effective means of rendering approval of building and plumbing work. ( para. from the writer’s knowledge )REF 9. The desired environmental outcome of development in the Mermaid Beach Area would be in terms of larger tourist trade and foreign exchange earnings. These earnings could be utilized for developing a highly skilled and erudite local population, with strong financial profiles and building of the necessary infra structural facilities that could meet the demands of the tourism and self management ethos that could motivate the people. ( para from the writer’s own knowledge ) REF The resulting mix of traditional town centres tourist resort areas, major and stand-alone regional shopping facilities and industrial and commercial precincts is now well established and will inevitably continue to be a feature of the gold coast business landscape. (Activity Centre and Cluster 2005). 10. Public Notification and referral may be required under IDAS Rules. It is required for applications needing impact assessment, and is affected to provide parties, affected by the development, the right to offer petitions and appeals to courts. (Public Notification Page: Information Sheet). The circumstances when an application in the Mermaid Beach would have to be referred to another agency may arise when: three or more concurrent agencies are involved,  or A prescribed facility has to be followed  (Schedule 7 & 8 of the I.P.Regulation),or  A Section  3.1.6 preliminary approval for all or part of the Application Further, Section 3.3.5(i) (b) provides that referral co-ordination would be triggered, if all or part of the developer is assessable under a Planning Scheme and is prescribed under a Regulation. In such situations, Section 7 of the Integrated Planning Regulations in conjunction with Section 7 and 8 of the IP Regulation must be consulted. (Referral Coordination 2007) 11. Once an appeal is given, it has an approval lifespan for a certain period of time. The last day of the validity of the planning approval is (1). Either the day stated in the Development notice (2). If the development notice does not state the length of approved lifespan, the default length of notice provided by the IPA would be taken as the validity of the approval. “The currency period for development approvals (other than approvals applied for under a superseded planning scheme) ends: 1. After 4 years – for material changes of use. For reconfiguring a lot requiring     operational work  2. After 2 years – for other development.” (Currency period of approvals 2007). (S 3.5.21 of IPA) which section? or page 12. If an applicant is dissatisfied with the outcome of the Development Application, he/she could prefer an appeal with the planning and environment court, which is empowered to decide appeals made by developer. These Tribunals are constituted, from time to time, through legislatures. Referees for each building and Development Tribunal are selected and they may have a membership of 1-5 members, depending upon the requirement of the Tribunal. (Building & Development Tribunal 2005) which page? (P. 70)                  Works Cited Activity Centre and Cluster. (2005). our living city report. [online]. Gold Coast City Council. Last accessed 10 August 2007 at: http://www.goldcoast.qld.gov.au/attachment/publications/our_living_city0405_chp4 Building & Development Tribunal. (2005). [online]. Local Government and planning. Queensland government. Last accessed on 5 August 2007 at: http://www.lgp.qld.gov.au/?id=35 Currency Period of approvals. (2001). S.3.5.21 of IPA. [online]. IDAS Guidelines. Last accessed 10 August 2007 at: http://www.ipa.qld.gov.au/docs/idsgl1v2_1.pdf.  Currency period of approvals. (2007). 3.5.21 of IPA. Last accessed 10 August 2007 http://www.ipa.qld.gov.au/docs/idsgl1v2_1.pdf Decision if application requires code Approval Assessment (2007). [online]. Queensland: Integrated Planning Act 1997. Last accessed 10 August 2007 at: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IntegPlanA97.pdf Effective Risk Reduction: Planning  Safer Communities. (2002). [online]. Last accessed 10 August 2007 at: http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN009685.pdf Key elements of IPA. (2006). Integrated planning act 1997. [online]. Queensland government. Last accessed 5 August 2007 at: http://www.ipa.qld.gov.au/overview/keyelementsIPA.asp News: Right rail now. (2007). Australian Gold Coast. [online]. News Log. Last accessed 10 august 2007 at: http://www.lightrailnow.org/news/n_newslog2007q2.htm Performance Based Approach : Emergency Management Australia. (2002). [online]. Planning Safer Communities. Last accessed 10 August 2007 http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN009685.pdf  PETER, Spearmitt (2007). The Two Hundred Kilometer City. [online]. The Fate of South East Queensland. Last accessed 10 August 2007 at: http://www.cccs.uq.edu.au/resources/200km-city.pdf Planning and Development Online. (2007). [online]. Gold Cost City Council. Last accessed 5 August 2007 at: http://www.goldcoast.qld.gov.au/t_standard.aspx?PID=6757 Public Notification Page: Information Sheet. [online].The Integrated Development Assessment System. Last accessed 10 August 2007 at: http://www.epa.qld.gov.au/publications/p00458aa.pdf/The_Integrated_development_system_IDAS.pdf Referral Coordination. (2007). [online]. Queensland Government. Last accessed 10 August 2007 at: http://www.ipa.qld.gov.au/idas/idasReferralCoordination.asp#IdentifyingWhenAnApplicationTriggersReferralCoordination South East Queensland Regional. (2005). Queensland Government. [online]. Last accessed 10 August 2007 at: http://www.oum.qld.gov.au/?id=485 Standard Building Regulation Application. Performance Criteria Building Setback. (2007). Gold Coast City Council. [online]. Last accessed 7 August 2007 at: http://www.goldcoastcity.com.au/attachment/forms/fm259_cac_f46_std_build_var_app_123.pdf Table of Assessment. (2007). [online]. Gold coast government. Last accessed 10 August 2007 at: http://www.goldcoast.qld.gov.au/attachment/planningscheme/pb412_ps_info_09_navigating.pdf Things to see and do. (2007).Queensland. Mermaid Beach. [online]. Destinations. Last accessed 5 August 2007 at: http://www.queenslandholidays.com.au/destinations/queensland-locations/mermaid-beach/index.cfm               APPENDIX 1 DEFINITIONS OF KEY TERMINOLOGIES Development Application: It is an application given to the concerned Department of the local government seeking permission to forward a proposal for setting up a construction unit etc., within the jurisdictional area of the local construction sanctioning Department. Compliance: The state of abiding by the rules and conditions regulating the proposed action of setting up a construction unit and adhering to the practiced norms as enunciated in the terms and conditions underlying the proposed construction work. Planning Legislation: The legal rules and regulations by way of laws and strictures which govern planning of a development area and government norms regulating planning. Town planning scheme provisions: laws meant to control and regulate the use and development of land in a specific town or region and are meant to provide zonal jurisdiction for essential infrastructure like roads, shops, traffic. Strategic planning: Planning after taking into account the various constraints and complexities impinging city construction activities, like population growth, traffic congestions, pollution, environmental damages etc. Policy: A plan of action proposed by local government or business enterprises which forms the bedrock of its activities. Regulations: A rule or restriction made by an authority which needs to be adhered to by concerned parties. Planning system: The method evolved, beforehand, in order to achieve a stated objective or goal using the instruments for the achievement the same. In the contest of town planning, it would mean the ways and means to use land effectively for common good. Municipality: The local governing body of any town, district or city which is entrusted the task of local governance. Region: A particular local area in a town, city or district with reference to any specific context or special characteristics. Development: The state of large high rise buildings or housing accommodation spurting in a neighborhood, especially residential apartment buildings or hotels. Property: Immovable assets in the form of buildings and land appurtenant thereto forming wealth of a person or organization. Residential amenity: The features or facilities available in a place which makes stay pleasant and comfortable. Height limits: Statutory restrictions which disallows construction of high-rise buildings beyond certain heights, in the case of Gold Coast the height limits are 8.5 Meters and having not more than 2 storeys. 2.5. Town planning scheme: is to control and regulate the use and development of land in a specific town or region and is meant to provide zonal jurisdiction for essential infrastructure like roads, shops, traffic etc. 2.6. Scheme provisions: These are meant to provide a legal cloak to aid in the regional planning process, and normally includes, dealing with matters concerning more than one local government control areas. 2.7. Prescriptive based planning: The prescriptive based planning specifies particular features, actions or programme element which may have to be incorporated into the design of a proposed structure. 2.8. Performance based planning: a performance based planning is performed with the objective of achieving quantifiable results. 2.9. Lot boundaries: The areas pertaining to different locations, or beaches in the total map of the region. 3.0. Development application: An application seeking permission from the concerned government department to take up proposed schemes for construction purposes. 3.1. Integrated Planning Act: This Act has been institutionalized to combine the planning and development activities, so that its repercussions are effectively managed in a manner that is environmentally safe and non-hazardous and for controlling connected activities also. 3.2. Fees: Any amount paid for request for confirmation of Development, Commercial, Industrial, or residential development other than detached dwelling or attached dwelling of not more than 2 Units, or amounts paid under any other schemes 3.3. Application Forms: Written requests on prescribed formats seeking permission for initiating construction work within the area of local administration. 3.4. Land use zoning: Land use zoning defines a variety of areas (zones or districts) within the City and details the types of land use allowed within each area. 3,5. Residential density: This refers to the floor area of the apartment in relation to the total land area available. High density rates are considered hazardous from an ecological point of view. 3.6. Legislation: Laws passed by the government of the country or state, which seeks compliance in doing, or refraining from doing certain acts. 3.7. Setbacks: Any inherent, or acquired defect in a building which may influence assessment of a development application. 3.8. Development assessment tables: The Development assessment tables for each district are found in the CainnsPlan of that particular district and is primarily aimed at identifying the level of assessment provided for development. 3.9. Criteria: The criteria refers to the performance criteria, or accepted measures which should be fulfilled by the applicant, in order for the application to be approved. 4.0. Building codes: These codes have been established in order to ensure excellent quality and economical building and plumbing codes and also to set in place, an effective means of rendering approval of building and plumbing work. 4.1. Desired developmental outcomes of development: This would be in terms of larger tourist trade and foreign exchange earnings. These earnings could be utilized for developing a highly skilled and erudite local population, with strong financial profiles and building of the necessary infra structural facilities to aid development. 4.2. Potential conditions: This refers to the future implications of a development approval. In certain the applicant may not be able to meet all the acceptance measures but is able to convince the board regarding fulfilment of the performance criteria. Potential conditions could arise under these circumstances. 4.3. Appeal: The right to seek justice, if the aggrieved party wishes to move to the relevant tribunal for reopening of the case, in a bid to get the development application approved by such tribunal. 4.4 Planning and environment court: The involvement of the planning and environment court could result in the reversal of the Council’s verdict to refuse a development application.                     MAP OF GOLD COAST COUNTRY   Read More