Aveo Sanctuary Cove. Town Planning Submission Report. Proposed Retirement Village Retirement Facility and Residential Care Facility Uses

Transcription

1 \ Town Planning Submission Report Aveo Sanctuary Cove Proposed Retirement Village Retirement Facility and Residential Care Facility Uses rpsgroup.com.au

2 Town Planning Submission Report Aveo Sanctuary Cove Retirement Village Important Note Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any process without the written consent of RPS Australia East Pty Ltd. All enquiries should be directed to RPS Australia East Pty Ltd. We have prepared this report for the sole purposes of Aveo Sanctuary Cover Pty Limited ( Client ) for the specific purpose of making a Development Application ( Purpose ). This report is strictly limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly and will not be used for any other application, purpose, use or matter. In preparing this report we have made certain assumptions. We have assumed that all information and documents provided to us by the Client or as a result of a specific request or enquiry were complete, accurate and up-to-date. Where we have obtained information from a government register or database, we have assumed that the information is accurate. Where an assumption has been made, we have not made any independent investigations with respect to the matters the subject of that assumption. We are not aware of any reason why any of the assumptions are incorrect. This report is presented without the assumption of a duty of care to any other person (other than the Client) ( Third Party ). The report may not contain sufficient information for the purposes of a Third Party or for other uses. Without the prior written consent of RPS Australia East Pty Ltd: this report may not be relied on by a Third Party; and RPS Australia East Pty Ltd will not be liable to a Third Party for any loss, damage, liability or claim arising out of or incidental to a Third Party publishing, using or relying on the facts, content, opinions or subject matter contained in this report. If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report with or without the consent of RPS Australia East Pty Ltd, RPS Australia East Pty Ltd disclaims all risk and the Third Party assumes all risk and releases and indemnifies and agrees to keep indemnified RPS Australia East Pty Ltd from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report. In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits, damage to property, injury to any person (including death) costs and expenses incurred in taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any other direct, indirect, consequential or financial or other loss. RPS Project Team Contact Information RPS Australia East Pty Ltd RPS Job Name: Sanctuary Cove Proposed Retirement Village ACN: RPS Reference: Office: Brisbane Document Title: Aveo Sanctuary Cove W Document Type: Town Planning Submission Report T: RPS Contact: Lyndelle Matthews / Simon Pollock Revision History Version Date Purpose Author Reviewer Approval Date 0 2 February 2017 Draft Report Lyndelle Matthews Simon Pollock 2 February February 2017 Updated Report Simon Pollock Simon Pollock 6 February February 2014 Updated Report Lyndelle Matthews - 14 February Page ii

3 Town Planning Submission Report Aveo Sanctuary Cove Retirement Village Contents 1. PROPOSAL SUMMARY SITE DESCRIPTION Site Analysis Surrounding Land Uses PROPOSAL DESCRIPTION General Description Proposal Detail Built Form Market Evaluation Engineering Traffic Impact Proposed Variation to the Act and Regulation Change to the List of Approved Uses Changes to the Zoning Map Potential Alternative Approach LIAISON WITH SANCTUARY COVE COMMUNITY LEGISLATIVE FRAMEWORK Sanctuary Cove Resort Act 1985 (the Act) Zones Notification of Proposed Amendment Requirements for Application (s12k of the Act) CONCLUSION Page iii

4 Town Planning Submission Report Aveo Sanctuary Cove Retirement Village Figures Figure 1 Site Location Plan... 2 Figure 2 Cadastral Plan... 3 Figure 3 Aerial Photograph... 6 Figure 4 Sanctuary Cove Resort Act 1985 Zoning Plan... 7 Figure 5 Proposed Site Plan... 9 Figure 6 Existing & Proposed Zoning Plans Figure 7 Alternative Zoning Option Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G PTBC Minutes (motions 8, 9 & 10) PTBC Support for Application Proposed Master Plan Public Notification Documents Traffic Assessment to be provided as an addendum Engineering Constraints Report Market Evaluation Subdivision Proposal Plan Page iv

5 1. Proposal Summary Aveo has secured the Sanctuary Cove Recreation Club landholding in to create retirement and aged care community (retirement village) within the Sanctuary Cove community. The project will comprise a staged development that will deliver a range of independent living units, residential care facility and central facilities club house. The inclusion of a retirement village within Sanctuary Cove will enable residents to prolong their stay within their existing community. At present the current Sanctuary Cove Resort Act 1985 (the Act ) and Sanctuary Cove Regulation 2009 (the Regulation ) do not contemplate the provision of a retirement village. Therefore, it will be necessary for the Act to be amended to facilitate development for a retirement village within Sanctuary Cove. Based on discussions with the Department of Infrastructure, Local Government and Planning (DILGP), this submission has been prepared to: Provide an overview of the project being proposed; Demonstrate the proposed use can be accommodate on the subject site following a review of services and traffic assessments; Outline the consultation that has occurred given the requirements of the Act; and Request the Sanctuary Cove Resort Act 1985 and the Sanctuary Cove Regulation 2009 be amended by the Minister to facilitate the development. Aveo Sanctuary Cove Pty Limited has engaged RPS Australia East Pty Ltd on behalf of The Primary Thoroughfare Body Corporate of Sanctuary Cove (PTBC), to seek amendments required. To facilitate the development, the amendment being requested to the Act and Regulation would require a change to the list of approved uses and alterations to the zoning boundaries. However, this report does consider the option of how a proposal of this nature could be limited to this part of Sanctuary Cove, per feedback from the community engagement. An option that is tabled is that a new zone that relates solely to the provision of a retirement village could be introduced, which provides for Retirement Facility and Residential Care Facility uses. The introduction of a new zone that facilities development of a retirement village over the subject site could be a reasonable alternative and is consider appropriate given the compatibility of the subject site for retirement living. The subject site is located at The Parkway, Hope Island, and is formally described as Lots 2, 3 (part), 4, 5, 7 and 8 SP186788, as shown on Figure 1 Site Location Plan and Figure 2 Cadastral Plan. There is currently a plan with the titles office to subdivide out part of Lot 3 (Golf Course), which will ultimately form part of the development parcel. The subdivision includes the cancelling of Lot 3 on SP186788, to create proposed Lots 10 and 11 (refer Appendix G). The subject site is approximately 9.88 hectares in total area. Full details of the proposal, site and the relevant planning framework are set out in Table 1 Development Summary Page 1

6 Figure 1 Site Location Plan The Parkway, Hope Island NTS Subject Site Disclaimer The contents of this figure are conceptual and for discussion purposes only. All areas and dimensions are approximate and subject to relevant studies, survey and engineering and Council approval. The information used in this plan is drawn from the following sources: Whereis Mapping Page 2

7 Figure 2 Cadastral Plan The Parkway, Hope Island NTS Subject Site Disclaimer The contents of this figure are conceptual and for discussion purposes only. All areas and dimensions are approximate and subject to relevant studies, survey and engineering and Council approval. The information used in this plan is drawn from the following sources: QLD Globe SmartMAP Page 3

8 Site and Application Details Applicant Table 1 Development Summary Aveo Sanctuary Cover Pty Limited Address The Parkway, Hope Island Refer to Figure 1 Description Lots 2, 3 (part), 4, 5, 7 & 8 on SP Refer to Figure 2 Site Area 9.88ha Refer to Figure 2 Owner Lot 2,4-5,8 SP Aveo Sanctuary Cover Pty Limited Part of Lot 3 SP Sanctuary Cove Golf and Country Club Holdings Limited (currently under contract to purchase & to be cancelled, creating proposed Lots 10 and 11, as per Section 1). Lot 7 SP Sanctuary Cove Primary Thoroughfare Body Corporate (intended to be amalgamated in the future) Refer to Figure 2 & Appendix G Tenure Freehold Refer to Figure 2 Easements Emt A on RP Refer to Figure 2 Local Government Ward Proposal Description Gold Coast City Council Division 3 Cr Cameron Caldwell Aveo, with the support of the Sanctuary Cove PTBC seek to change the approved uses for the General Residential Zone and variations to the boundaries of the zones on the plan to allow Aveo Sanctuary Cove Pty Limited to redevelop the subject site for use as a Retirement Village, comprising Retirement Facility and Residential Care Facility uses. Approval Sought Amendments by application to the Minister under the Sanctuary Cove Resort Act 1985 for the following aspects: Changing an approved use for a zone by including an additional approved use for the zone; and Amending the proposed use plan of the site by varying the boundary of a zone on the plan, other than a minor boundary variation. Assessment Framework Assessment Manager Legislations Zone Notification Contacts Primary Contact The Minister Sanctuary Cove Resort Act 1985 and regulations Zone 8 - General Residential, Zone 5 - Golf Course Zone and Zone 9 - Primary Thoroughfare Zone The proposed change will be advertised for 30 business days as per Clause 12J(1)(a)(iii) of the Sanctuary Cove Resort Act 1985 RPS Australia East Pty Ltd Simon Pollock Technical Director - Planning Lyndelle Matthews Senior Planner simon.pollock@rpsgroup.com.au lyndelle.matthews@rpsgroup.com.au Page 4

9 2. Site Description 2.1 Site Analysis Key details of the subject site are as follows in Table 2. Figure 3 provides an aerial view of the site, whilst a series of photographs of the site and its context are presented as Figure 4. Table 2 Site Analysis Existing Development Use Vehicle Entry Points Topography Waterways Wetlands Flooding Vegetation Contamination and Notifiable Activities Heritage Places Services Sanctuary Cove Recreation Club, car park, vacant land part of the existing golf course The Parkway and Gleneagles Drive The site varies in elevation from approximately RL 7.6m AHD on the western boundary to RL 3.3m AHD on the eastern boundary. No natural waterways are on the subject site. The subject site contains a lacustrine wetland (lake). The subject site is not known to be subject to flood inundation. The subject site features: no regulated remnant vegetation no regulated high value regrowth vegetation no wetland protection areas. The site is not registered on the EMR or CLR. It has not been used for a Notifiable Activity. The site: is not a State Heritage Place does not adjoin a State Heritage Place Access to all required services is available. 2.2 Surrounding Land Uses The subject site forms a part of the master-planned Sanctuary Cove community. Sanctuary Cove comprises an array of residential precincts including residential land with waterfront, golf course and parkside frontages. Sanctuary Cove offers a resort lifestyle with two championship golf courses and clubs, a 300+ berth marina, retail precinct and five-star resort. More specifically, the subject site is bounded on the northern boundary by the Sanctuary Cove Golf and Country Club, the eastern boundary by the Gleneagles Drive and the south-western boundary by The Parkway Page 5

10 Figure 3 Aerial Photograph The Parkway, Hope Island A4 Subject Site Disclaimer The contents of this figure are conceptual and for discussion purposes only. All areas and dimensions are approximate and subject to relevant studies, survey and engineering and Council approval. The information used in this plan is drawn from the following sources: QLD Globe Page 6

11 Figure 4 Sanctuary Cove Resort Act 1985 Zoning Plan The Parkway, Hope Island A4 Subject Site Disclaimer The contents of this figure are conceptual and for discussion purposes only. All areas and dimensions are approximate and subject to relevant studies, survey and engineering and Council approval. The information used in this plan is drawn from the following sources: Sanctuary Cove Resort Act Page 7

12 3. Proposal Description 3.1 General Description This submission supports an application to the Minister under Part 2AA of the Sanctuary Cove Resort Act 1985 for the following aspects: Changing an approved use for a zone by including an additional approved use for the zone; and Amending the proposed use plan of the site by varying the boundary of a zone on the plan, other than a minor boundary variation. The purpose of the proposed changes/amendments is to allow for the redevelopment of the subject site for a Retirement Village, as detailed below. 3.2 Proposal Detail Built Form The proposed development includes 175 Independent Living Units, a club house facility and Residential Care Facility as well as new internal road system and open space/landscaping, refer figure 5. Independent Living Units (ILUs) will include 1, 2 and 3 bedrooms and range in size from 150m 2 to 200m 2 with the highest level of inclusions, finishes and landscaping. Proposed housing/building sizes, construction and finishes will be in keeping with Sanctuary Cove s current excellence in design, innovation, construction, landscaping and resort lifestyle. The ILUs will meet the requirements of the Development Control Bylaws. Almost half of the total site will be dedicated to landscaping and open space. Notably, a purpose built pond will replace the current one for the famous geese of Sanctuary Cove. The proposal has been carefully designed to integrate with surrounding built form context. The proposal is considered to have no undue impacts on the Sanctuary Cove community, particularly considering the subject site does not directly adjoin any sensitive land uses Page 8

13 Figure 5 Proposed Site Plan The Parkway, Hope Island NTS Disclaimer The contents of this figure are conceptual and for discussion purposes only. All areas and dimensions are approximate and subject to relevant studies, survey and engineering and Council approval. The information used in this plan is drawn from the following sources: Sanctuary Cove Resort Act Market Evaluation Macro Plan Dimasi have been engaged to undertake a market evaluation (refer Appendix F). The market evaluation report demonstrates that Sanctuary Cove s position appears highly favourable for a retirement village as proposed. More specially the market evaluation report states: For the purpose of our study, the defined catchment extends north and includes Alberton and south to Carrara. The catchment also extends east to the coast and west to include Cedar Creek. The delineation of the catchment took into consideration migration patterns, existing supply of retirement and aged care facilities, arterial routes, natural barriers and the property market There is an undersupply of retirement living options and residential aged care beds across the catchment [emphasis added]. For further detail, please refer to the accompanying Market Evaluation prepared by Macro Plan Dimasi at Appendix F Engineering Bradless Consulting Engineers have undertaken an assessment to demonstrate that the proposed development can achieve compliance with the current City of Gold Coast requirements. The report examines engineering Page 9

14 constraints and other issues relevant to the development, and includes consideration of earthworks, roadworks, stormwater drainage, sewerage and water reticulation required to develop this site. The report considers earthworks, roadworks, stormwater drainage, sewerage reticulation and water reticulation Stormwater The proposed stormwater drainage system will be in according with the Queensland Urban Drainage Manual (QUDM), SEQ Water Guidelines and Council s environmental design standards. The proposal involves inter-allotment stormwater drainage pits, field inlets, two bio-retention basins and use of existing stormwater infrastructure to accommodate flows from the development The proposed stormwater drained system will be designed so that the proposal does not produce any adverse hydraulic impacts on adjacent property or environments. The legal point of discharge for the proposed site will be Coomera River to the northeast. Stormwater quality for the site will be addressed with a bio-retention basin approximately 100m 2 located to the north-west of the subject site and a 950m 2 basin at the north of the site which will receive minor flows from the proposed internal stormwater pipe system. The stormwater management for this site will be engineered using inter-allotment stormwater drainage pits, field inlets, bio-retention detention basins, and existing stormwater infrastructure to accommodate flows from the development. Roofwater from each proposed unit will be collected in rear of allotment drainage, and all other surface flow within the site will be directed to the internal roads where it will be collected in gully inlets and discharged into the bio-retention detention basin. For further detail, please refer to the accompanying Engineering Constraints Report prepared by Bradlees at Appendix E Earthworks The report confirms some earthworks and retaining structures are required to achieve flat building pads. The accompanying Engineering Constraints Report prepared by Bradlees at Appendix E includes Earthworks Layouts and Sections and confirms all earthworks will be carried out under Level 1 Supervision in accordance with Australian Standard AS Sewer An assessment of the sewer network has been undertaken with respect to its ability to cater for the retirement village, golf club and residential acre facility. Discussions between Council and calculations by Bradlees have confirmed the sewer network, manholes and pump stations will be able to operate within their design capacity. The proposal will be serviced by internal sewer mains which will connect to an existing sewer. The proposal will not exceed the capacity of the sewer system. For further detail, please refer to Appendix E - Engineering Constraints Report prepared by Bradlees Page 10

15 Water Reticulation Similarly, an existing ᶲ200mm water reticulation system is located on The Parkway which runs past the Retirement Site in the road reserve. It is intended that all proposed units will be serviced by internal water mains which will connect to the existing main at the north-west boundary. The proposed ILU s will be serviced by internal water mains which will connect to an existing main at the northwest boundary; as well as another two locations along the eastern boundary. Bradlees has undertaken a water network analysis confirming the proposal can be sufficiently serviced by water infrastructure. Internal fire mains will be constructed within the development no greater than 80 metres apart. For further detail, please refer to Appendix E - Engineering Constraints Report prepared by Bradlees Traffic Impact Access to proposed ILU s, Club House and Residential Care Facility will be from internal roads that prove connection to The Parkway via a new roundabout. TTM Traffic Engineers have been commissioned to complete an assessment of the road network and its capacity to accommodate the development. Preliminary advice confirms the network should be suitable. Once the final report has been completed, it will be submitted as an addendum to this submission. 3.3 Proposed Variation to the Act and Regulation To facilitate the redevelopment of the subject site as detailed above, amendments are sought Schedule 7 Zones of the Site under the Sanctuary Cove Report Act 1985 and Schedule Approved Uses for Zones under the Sanctuary Cove Resort Regulation As advertised to the members of the Body Corporate, the changes required to the Act and Regulations include: Change to the List of Approved Uses At present the development is predominately included in the General Residential Zone, with a small area (approximately 1.2ha) included in the Golf Course Zone. At present the Act and Regulations do not include the land use definitions of a Retirement Facility or a Residential Care Facility. These uses combined constitute the proposed Retirement Village. Accordingly, the following changes are made: Schedule 1, Part 3 (Definitions of uses for zones) of the Act be amended to include the definitions of a Retirement Facility and Residential Care Facility. Suggested wording for these land uses, based on the Queensland Planning Provisions :- Retirement Facility means a residential use of premises for an integrated community and specifically built and designed for older people. The use includes independent living units and may include serviced units where residents require some support with health care and daily living needs. The use may also include a manager s residence and office, food and drink outlet, amenity buildings, communal facilities and accommodation for staff Page 11

16 Residential Care Facility means a residential use of premises for supervised accommodation where the use includes medical and other support facilities for residents who cannot live independently and require regular nursing or personal care. Schedule Approved uses for zones with the Regulation included a list of approved uses that can occur in the General Residential Zone. The list of approved uses will need to be amended to include the definitions of Retirement Facility and Residential Care Facility Changes to the Zoning Map Schedule 7 of the Act illustrates the zones relevant to the subject site. The map illustrates the majority of the subject landholding is included in the General Residential Zone, with a small area (approximately 1.2ha) is included in the Golf Course Zone. The map will need to be amended as per Figure 6, below, to have the entire development site contained within the General Residential Zone Page 12

17 Figure 6 Existing & Proposed Zoning Plans The Parkway, Hope Island A4 EXISTING Subject Site PROPOSED Subject Site Page 13

18 3.3.3 Potential Alternative Approach It is acknowledge that following the notification of the proposed change to the list of approved uses and zone, comments were received indicating concerns regarding the potential for further retirement villages to be established elsewhere in Sanctuary Cove within the General Residential Zone. A consideration of this proposal has been how to limit opportunities for new development for Retirement Facility and Residential Care Facility uses (i.e. retirement village) to the subject site only, per feedback from the community engagement. It is submitted than an alternative approach that could be adopted in the introduction of a new zone that facilities only Retirement Facility and Residential Care Facility uses over the subject site is therefore preferable and considered appropriate given the compatibility of the subject site for retirement living, refer Figure 7. The proposed change in zoning supports the provision of greater living options and aging in place for older Australians and responds to current needs of an ageing population by offering opportunities for the provision of safe and comfortable housing for seniors. Figure 7 Alternative Zoning Option The Parkway, Hope Island A4 PROPOSED Subject Site Page 14

19 4. Liaison with Sanctuary Cove Community In May 2015, a community Working Group (IWG) was formed to work with Aveo to put forward the community s views and to act as an information source to the Sanctuary Cove community. A community engagement meeting was held with the Sanctuary Cove Body Cooperate on 25 August 2015 to understand if the option of a retirement village on the subject site is viable, given it is the community s behest, as to whether they will support the concept. The meeting provided a platform for body corporate members to voice opinions of seniors housing on the subject site and have their views considered and acknowledged; ensuring the community is informed and involved during the initial concept planning phase. Approximately between 180 and 200 peoples attended the meeting. The general sentiment was there were few residents who seemed strenuously opposed to the development. Questions and comments from this meeting were varied but key themes that emerged included: General indication of support for an integrated retirement village that incorporates residential care facility and independent living units rather than sole use as independent living units only one resident stated; we basically are already a retirement village [retirement facility] already. As a result of this feedback, the proposal includes a Residential Care Facility use; Conversely, concerns about a tower (ala Clayfield) structure, which appears to be required for higher care. As a result of this feedback, the current proposal does not include any buildings over two levelsso there are no towers. Concerns about allotments / entitlements. The general sentiment was that Aveo should be required to pay to the same ratio as residents (one to one) rather than have a pre-fixed number allocated. There was some concern that the residents perceive they have little influence in determining the outcomes of the development. Some residents indicated that they felt that they signed onto one thing and Aveo will change the landscape (this was incorporated into discussion about how the Retirement Act works). Concerns about the look of the centre and how it will complement existing amenities. Discussion about sharing resources (e.g. security) and the pros and cons. Aveo has met with the IWG on many occasions and has actively responded to the suggestions of the Working Group. The IWG has provided eight (8) letters to all residents during this non-statutory consultation period inviting their feedback on the proposal. In particular, the following key aspects of the master plan are a direct result of the IWG s activities on behalf of the community. A 70+ bed Residential Care Facility which will meet the highest Australian standards will form part of the overall development and will be part of the early stage of development. Housing sizes, construction and finishes will be in keeping with Sanctuary Cove s current excellence in design, innovation, construction, landscaping and resort lifestyle. Independent Living Units (ILU s) will include 1,2 and 3 bedrooms and range in size from 150m 2 to 200m 2 with the highest level of inclusions, finishes and landscaping. Almost half of the total site will be dedicated to landscaping and open space Page 15

20 Permanent preference will be given to Sanctuary Cove residents in both ILUs and the residential care facility. The ILUs will meet the requirements of the Development Control Bylaws. Nothing within the development will compete with village traders. Every ILU owner will pay the same PBC levy as all other lot holders in Sanctuary Cove. Aveo residents will have the same access to security services as other Sanctuary Cove residents as each Aveo residence will contribute the same levy as other residents. A dedicated pool will replace the current one for the famous geese of Sanctuary Cove. In consultation with the Sanctuary Cove Principal Body Corporate, Aveo also recently opened a community consultation retail space in Marine Village to give the local community an understanding of the proposed masterplan and an opportunity to discuss concerns in person. Over a two week period, Aveo were thrilled to meet over 400 local residents and gain an insight into the community sentiment. In addition, information sessions were held to provide a more detailed overview of Aveo s care services. A summary of the comments received are below: 27% loved the concept and did not want to change a thing. Many were interested in purchasing. 36% were happy with retirement use on the site, but provided their contact details only so they could be kept up to date with the progress of the proposal as many of these may be interested in purchasing. 32% commented re changing the design, but were happy with retirement use. The comments regarding the design were varied and mostly related to individual peoples personal taste. 5% did not support the proposal. Over 35% of the groups who provided comments were interested in purchasing at Aveo Sanctuary Cove. For further detail, refer Appendix C Notification Documentation. Support for the application by the Sanctuary Cove Primary Thoroughfare Body Corporate is provided under Motions 8, 9 and 10 of the committee meeting minutes at Appendix A. Note, notification of proposed amendments will also be undertaken in accordance with the Sanctuary Cove Report Act 1985 as detailed in Section Page 16

21 5. Legislative Framework This section provides an overview of the legislative context of the application under the provisions of the Sanctuary Cove Resort Act 1985 (the Act ) and the Sanctuary Cove Resort Regulation 2009 (the Regulation ). 5.1 Sanctuary Cove Resort Act 1985 (the Act) Zones Pursuant to Schedule 7 of the Act the subject site is within Zone 8 - General Residential, Zone 5 - Golf Course Zone and Zone 9 - Primary Thoroughfare Zone. The Regulation lists the approved uses for each zone. As discussed above, the proposed land uses of a retirement village and residential care facility are not included in the approved list of land use or defined with the Act. Accordingly, these land uses are prohibited and cannot occur on the subject site without and amended to the Act and regulation Part 2AA of the Act outlines the process for making an application to the Minister amend the Act and the Regulation. The key aspects of the process for the amendment include: Lodgement of an application under section 12I Notification of the members under section 12J Requirements for the application under section 12K Decisions and approvals outlined in section 12L 12P The following sections summaries requirements under sections 12J and 12K to demonstrate compliance with these aspects of the process Notification of Proposed Amendment Pursuant to Section 12J of the Act, before making this application the primary thoroughfare body corporate notified members of the proposed amendments as summarised in the table below. Table 3 Notification Compliance Summary Requirements for Notification under Section 12J of the Act (a) give a written notice to each of the members of the primary thoroughfare body corporate and each of the members of the principal body corporate stating (i) the nature of the proposed amendment; and (ii) a description of each lot to which the proposed amendment relates; and (iii) that a member may give the primary thoroughfare body corporate written submissions about the proposed amendment within a period (the notification period) of at least 30 business days after the notice is given; and Compliance A written notice will be provided to the members of the Body Corporate. The notice included a description of the use and the lots involved and therefore satisfy these provisions. Evidence of the support of the Primary Thoroughfare Body Corporate of Sanctuary Cove confirms the notification process has been satisfied. To be provided Page 17

22 (b) for a proposed amendment of a relevant plan, make the proposed amended plan available for inspection by the members of the primary thoroughfare body corporate and the members of the principal body corporate during the notification period; and (c) place, on the subject land, a notice stating (i) a brief summary of the nature of the proposed amendment and each lot to which the amendment relates; and (ii) the notification period for giving written submissions about the proposed amendment; and (iii) the name and contact details of a person authorised by the primary thoroughfare body corporate to give information about the amendment. Refer Appendix C Notification Documentation. A sign will be erected on the road frontages of the subject land. The sign includes a description of the use and the lots involved and therefore satisfy these provisions. Refer Appendix C Notification Documentation To be provided Requirements for Application (s12k of the Act) Table 4 Requirements for Application Compliance Summary Requirements for Notification under Section 12K of the Act (a) a written statement confirming that (i) a written notice was given to the members under section 12J(1)(a), including the days the notice was given; and (ii) a notice was placed on the subject land under section 12J(1)(c) and (2), including the period during which the notice was on the land; and Compliance A notice will be given to residence as per 12J. A notice also be placed on the land. Refer Appendix C Notification Documentation To be provided (b) a copy of the notice given under section 12J(1)(a); and (c) for an amendment of a relevant plan (i) a written statement confirming the plan was made available for inspection under section 12J(1)(b), including the period during which the plan was available for inspection; and (ii) a copy of the proposed amended plan; and (d) all written submissions given to the primary thoroughfare body corporate under section 12J(1)(a)(iii); and (e) other matters, if any, the Minister considers necessary for deciding the application. Refer Appendix C Notification Documentation. A statement will be provided upon completion Refer Appendix C Notification Documentation. Any additional information necessary for deciding the application can be provided to the Minister on request. To be provided N/A Page 18

23 6. Conclusion As outlined in this report, Aveo seeks the approval of the Minister under the Sanctuary Cove Resort Act 1985 to amend the Act and the Regulations to facilitate the development of a Retirement Village within the Sanctuary Cove community. To facilitate the staged development, the application seeks the following amendments: Inclusion of both a Retirement Facility and Residential Care Facility in the definitions of uses for zones (Schedule 1, part 3 of the Act); Changes to the list of approved uses for the General Residential Zone to include both a Retirement Village and Residential Care Facility as approved uses in this zone (Schedule of the Regulation); and Amending and expanding the zoning boundary of the site to increase the existing area of the General Residential Zone by an additional 1.2 ha (approximately), to accommodate the proposed retirement village (Schedule 7 Zones of the Site under the Act). The subject site is located at The Parkway, Hope Island, and is formally described as Lots 2, 3 (part), 4, 5, 7 and 8 SP The subject site is approximately 9.88 hectares in area.. This report also considers the option of how a proposal of this nature could be limited to this part of Sanctuary Cove, per feedback from the community engagement. An option that is tabled is that a new zone that relates solely to the provision of a retirement village (being Retirement Facility and Residential Care Facility uses) could be introduced. Aveo has engaged with the Primary Thoroughfare Body Corporate of Sanctuary Cove as per the requirements. Support for the application by the Sanctuary Cove Primary Thoroughfare Body Corporate is provided under Motions 8, 9 and 10 of the committee meeting minutes at Appendix A. This submission the provision of greater living options for older Australians and responds to current needs of an ageing population by offering opportunities for the provision of safe and comfortable housing for seniors within retirement villages. Notification of proposed amendments will be undertaken in accordance with the Sanctuary Cove Report Act 1985 as detailed in Section Notwithstanding, feedback from informal community engagement has been incorporated into the master planning of the subject site and the general sentiment of the community appears to be in support of the proposal, as detailed in section 4. The application is consistent with the provisions of the Sanctuary Cove Report Act 1985, as outlined above. Accordingly, we recommended the application be approved Page 19