Site and Proposal Details

SITE ADDRESS:
272 – 318 George Street, Brisbane

REAL PROPERTY DESCRIPTION:
Lot 10 on B32361 and part of North Quay, Brisbane

LAND OWNER:
Bao Jia Development Pty Ltd [ABN 91 144 812 331] / Shayher Properties Pty Ltd [ABN 88 095 175 404]

TOTAL SITE AREA:
7,892 m² plus part of the North Quay Road Reserve

LOCAL GOVERNMENT:
Brisbane City Council

PLANNING SCHEME:
Brisbane City Plan 2000

AREA CLASSIFICATION:
Multi-Purpose Centre – City Centre (MP1)

GENERAL DESCRIPTION OF USE:
Mixed use redevelopment of the site to create three separate towers set above a podium of three storeys, together with basement car parking levels.

Each tower is defined by a dominant use, namely a hotel tower, a residential tower and an office tower. Hotel related uses and retail development occupy the podium levels to provide interest and activation to the street frontage.

DEVELOPMENT COMPONENTS:
Development Permit for a Material Change of Use for Centre Activities (Convention Centre, Hotel, Indoor Sport and Recreation, Multi-unit Dwelling, Office, Restaurant, Shop and Short-term Accommodation) on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site

Development Permit for Building Works and Operational Works (Filling and Excavation) on a Queensland Heritage Place and land adjoining a Queensland Heritage Place

Preliminary Approval for Building Works on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site

LEVEL OF ASSESSMENT:  
Code Assessment

Applicant Details

APPLICANT:
Bao Jia Developments Pty Ltd and Shayher Group
C/- Urbis Pty Ltd,
Level 7, 123 Albert Street,
Brisbane QLD 4000

CONTACT DETAILS:
Ben Slack/Ben Weaver
Ph: (07) 3007 3800
Fax: (07) 3007 3811
Email: bslack@urbis.com.au; or bweaver@urbis.com.au

OUR REFERENCE:
BA2826

Urbis Pty Ltd, on behalf of the Bao Jia Developments Pty Ltd (‘Bao Jia’) and Shayher Group (‘Shayher’), has prepared this development application for a proposed mixed use development at ‘300 George Street, Brisbane’ (also known as the former Supreme and District Courts site). The development application is for the purposes of:

• A Development Permit for a Material Change of Use for Centre Activities (Convention Centre, Hotel, Indoor Sport and Recreation, Multi-unit Dwelling, Office, Restaurant, Shop, Short-term Accommodation) on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site;
• A Development Permit for Building Works and Operational Works (Filling and Excavation) on a Queensland Heritage Place and on land adjoining the boundary of Heritage Place Site; and
• A Preliminary Approval for Building Works on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site.

Specifically, the land over which this application is lodged is more properly described as 272 – 318 George Street (Lot 10 on B323610) and part of North Quay, Brisbane (referred to as ‘the site’ hereon in).

This report addresses the merits of the development with regard to the provisions of the Brisbane City Plan 2000 (‘City Plan’), and the relevant sections of the Sustainable Planning Act 2009 (‘SPA’).  For the purposes of this report, the Brisbane City Plan 2000 will be referred to as the ‘Planning Scheme’ and the Sustainable Planning Act 2009 will be referred to as ‘the SPA’ hereon in.

This report is accompanied by and should be read in conjunction with the following drawings and technical reports:

• Volume 1 – Architectural Design Report, Landscape Design Concept and Drawings as prepared by Zenx and DBI;
• Volume 2 – Sustainability Report as prepared by Floth Sustainable Building Consultants;
• Volume 3 – Heritage Impact Assessment Report prepared by Urbis;
• Volume 4A & 4B– Engineering Report as prepared by Bornhorst & Ward;
• Volume 5.1 & 5.2– Basement Excavation and Retention Report as prepared by Bonacci;
• Volume 6 – Geotechnical Report as prepared by Golders and Associates;
• Volume 7 – Traffic Engineering Report as prepared by TTM;
• Volume 8 – Noise Impact Assessment Report as prepared by Renzo Tonin Ron Rumble;
• Volume 9 – Wind Impact Assessment as prepared by Vipac;
• Volume 10 – Aeronautical Impact Assessment as prepared by Ambidji Group;
• Volume 11 – Waste Management Plan as prepared by Elephants Foot; and
• Volume 12 – Construction Management Plan as prepared by Brookfield Multiplex.

The assessment of the application is to be undertaken in accordance with Section 313 of SPA.  This report provides the applicant’s assessment against these provisions and concludes that the development is appropriate, generally consistent with existing planning controls and intent for the area and is not anticipated to impact adversely upon the amenity of the locality.  Council’s approval of the application is therefore sought, subject to relevant and reasonable conditions.

The architectural design is underpinned by a detailed analysis of the site and its context as a whole-of-City block in the heart of the Brisbane CBD.  The design rationale adopts architectural excellence and is intended as a transparent, welcoming and optimistic architectural expression that is unequivocally modern but rooted in an appreciation of its context. The combination of architectural treatments, materials and tones will represent an innovative building form outcome which complements and integrates with the contemporary character of Brisbane’s skyline and celebrates the most important landscape feature, the Brisbane River.

As noted in the accompanying Architectural Design Report in Volume 1, the design philosophy of ‘300 George Street’ is underpinned by the site’s unique characteristics and opportunities identified through site studies including the following:

• City edge transition to the river:
  –        Civic axis of George Street – Edge of the city grid
  –        Natural river edge and prospect
  –        Unique opportunity for meaningful transition

• Enhancing the Urban Setting
  -        Vibrant sequence of spaces – places for people
  –        Opportunities to support economic, social and cultural exchange
  –        Precinct-wide design approach – successful mix of uses and forms
  –        Public domain of the pedestrian given priority

• Strong Connectivity
  -        Strong local connectivity, particularly for pedestrians
  –        Mid-block links reinforced by active edges
  –        Visual and psychological connectivity within surrounding precincts
  –        Complimentary mix of uses providing excellent activation

• Rhythm of George Street
  -        Robust response to this important address
  –        Sequences of built form and open space connections
  –        Invitation to pedestrians, as a genuine mixed use precinct
  –        Tower placements providing optimised urban outcomes

• The Flow of Time
  -        Site has a long history in the development of Brisbane where pre 1879 uses included convict hospital and surgeon quarters as well as prisoners barracks.  From 1879 – 2012, the site was used as Brisbane Supreme and District Court
  –        A constant has been the River: poetic idea informing architecture and place-making
  –        Great opportunities for interpretive public art

Given that the existing building on the site is monolithic, dense and singular architectural expression which turns its back on the Brisbane River, the proposal for ‘300 George Street’ seeks to engage the river visually, architecturally and poetically.  It seeks to create a new transparent, welcoming and legible intervention incorporating a large scale poetic gesture to the Riverside Expressway and the Brisbane River.

The design intent of proposed development is therefore reflected in the following Architectural Statement:

To embrace this unique site, our vision is to create a 21^st century landmark for the city of Brisbane.  After exploring many directions, a simple yet powerful architectural statement was chose for the development – ‘The Sails’.

This concept adopts a nautical theme with the ‘Sail’ metaphor to celebrate the historical and geographical linkage of the site to the Brisbane River, the Pacific Ocean and beyond.  Applied to a family of three towers and podium, this poetic idea provides a unifying language across each element whilst importantly allowing individual expression for the various issues.

Occupying a whole city block, the site is characterised by the contrast between the rigid city grid and the free form of the Brisbane River.  The architecture has been designed to reflect this natural nature and act as a transition elements between the two.  As one moves from the George Street city side towards the North Quay waterfront side, the forms and architectural expressions are changed from the more rigid and solid to more fluidity and transparent treatments.  These robust and dynamic forms also reflect the colourful mixed usage of the development as a vibrant part of the Cityscape.

A detailed design report and technical drawings has been prepared through a collaboration between Zenx Architects and DBI Architects in Volume 1 to identify the design process and rationale of the overall project

Floth Sustainable Building Consultants has prepared a Sustainability Report (Volume 2) which presents the Environmentally Sustainable Development (ESD) objectives and possible solutions for commercial, residential and hotel spaces that have been integrated into the proposed design in order to achieve a benchmark development.

The Report evaluates the proposed sustainability design features included in the development in response to the following 15 Sustainable Development Principles developed by the Brisbane City Council:

• Establish agreed sustainable design values;
• Apply an integrated and collaborative design and construction process;
• Design for subtropical place;
• Protect and restore natural ecosystems;
• Utilise land appropriately;
• Apply integrated water management;
• Manage energy use;
• Select appropriate building materials;
• Manage waste;
• Consider cost efficiency;
• Create healthy indoor environments;
• Support green transport;
• Develop adaptable buildings and spaces;
• Build a safe and diverse community; and
• Inform the end owner and user.

To achieve the first principle of the above Council sustainable development principles, the proposed office tower is targeting the objectives for a 5 Star Green Star Office v3 certified rating administered by the Green Building Council of Australia.  In addition, the office tower is aiming to incorporate sustainability design initiatives to target a National Australian Built Environmental Impact Rating Scheme (NABERS) of 4.5 stars.

It should be noted that the proposed residential tower and the proposed hotel tower are not eligible for Green Star certification; however, the sustainability initiatives incorporated within the design of the buildings have been benchmarked against the Nationwide House Energy Rating Scheme (NatHERS) ratings for apartments and BCA Section J Energy Efficiency compliance for the hotel, retail and common areas.  Given the above, the residential component will aim to achieve a minimum averaged NatHERS rating of 5 stars while the hotel, retail podium, car park and common areas will exceed the minimum requirements of BCA Section J Energy Efficiency.

Key innovative aspects of sustainable design proposed to meet the abovementioned targets and establish the project as a leading sustainable development of its type within the Australian mixed use sector include:

• The use of passive design in building massing and orientation The use of passive design in building massing and orientation and high performance façade systems to reduce solar loads while providing good levels of daylight, views and external connectivity.
• High performance air conditioning comprising energy efficient central thermal plant generally and high outside air systems with carbon dioxide monitoring and control systems to the office, providing high indoor environment quality and low energy air distribution systems for all air conditioned areas.
• High efficiency electrical systems, incorporating low energy lighting systems and controls, Building Automation Systems and extensive sub-metering.
• Hydraulic systems for minimised water usage through the installation of waterless urinals, low flush toilets and low flow tapware.  Rainwater harvesting supplemented for non-potable water uses such as toilet flushing and irrigation. Gas-fired central domestic hot water.
• Water sensitive urban design including stormwater treatment systems.
• Sustainable material selection and construction management practices including building commissioning and tuning, ISO14001 certified Environmental Management and recycling of at least 80% of construction waste.
• Bicycle storage facilities proposed to encourage the use of bicycles, plus prioritised small motor vehicle parking. Design for improved pedestrian access to nearby public transport.
• Minimised emissions in selection and design of all building components.

An Engineering Report has been prepared by Bornhorst & Ward for the proposed mixed use development (refer to Volume 3) which addresses issues of flood risk, stormwater quantity and quality management and the provision of infrastructure and services.  The Engineering Report also includes a comprehensive Erosion and Sediment Control Plan prepared in accordance with the Institution of Engineers referenced material and Brisbane City Council Guidelines. The key findings and recommendations of the report include:

• The highest flood level recorded in the vicinity of the site is RL5.3m AHD.  Internal floor levels will be set at a minimum of RL7.0m AHD;
• Stormwater runoff will be discharged into the 450mm diameter stormwater drain in Ann Street;
• QUU is carrying out an investigation to confirm that the existing sewer network has sufficient capacity to service the proposed development. Sewer connection is to be to the 750mm diameter sewer main in Ann Street;
• QUU is carrying out an investigation to confirm that the existing water network has sufficient capacity to service the proposed development. Water connections are to be provided from the 300mm diameter water mains in George Street and North Quay;
• Site access is to be provided from North Quay and Adelaide Street. These access have immunity from the Interim Residential Flood Level;
• Roadworks are as detailed by the TTM traffic report and will be in accordance with BCC guidelines;
• Earthworks for the proposed development will consist of cut up to 24m depth;
• Stormwater quantity controls are not required on site;
• A total volume of 80kL of rainwater tank(s) are to be provided to collect stormwater runoff from the roof of the Commercial building; and
• Stormwater360 EnviroPods and StormFilter proprietary stormwater treatment device are required to achieve the Water Quality Objectives set out in the State Planning Policy 4/10 – Healthy Waters.

In summary the report demonstrates that proposed mixed use development can be constructed and serviced generally in accordance with the Brisbane City Council Subdivision and Development Guidelines, Queensland Urban Drainage Manual, State Development Assessment Provisions and current best practice management.  The proposed measures are also anticipated to achieve the required pollutant load reduction in accordance with State Planning Policy 4/10: Healthy Waters.

An Excavation and Retention Report provided in Volume 5.1 has been prepared by Bonacci which identified and assessed the impacts on the existing Ann Street On-ramp and supporting structures.  This should be read in conjunction with the Retention Report prepared by Golders Associates in Volume 5.2.  In summary, the report discusses the overall impacts to the Ann Street On-ramp as a result of the excavation.  In assessing these impacts, the Report and associated documents have undertaken the following detailed analysis:

• Analysis of soil behaviour and resulting movement on structures;
• Analysis of the 5 span bridge deck, columns and Abutment A (Riverside); and
• Analysis of Abutment B (George Street side) and approach structures.

The assessment concluded that:

• The a detailed structural design review has been undertaken for the Ann Street bridge girder, abutment and approach structures for the case of a 10mm maximum vertical and horizontal displacement. This exceeds a maximum calculated displacement of 7mm as determined by Golders Associates in their report dated 30/1/13 (refer Section 4.13 and Volume 6);
• A structural review of the bridge girder and abutment indicates that these structures can accommodate these displacements without distress, and potentially have sufficient capacity to accommodate up to 20mm displacement with minor impact; and
• The approach structure is much more sensitive to differential settlements between the supporting piles, due to its very high stiffness, and may crack if the differential settlements exceed predictions.  Should this occur, any cracking will not substantially reduce the load capacity of this structure, and is primarily a durability concern with any resulting damage be rectified to TMR’s satisfaction.

A Geotechnical Investigations Report provided in Volume 6 has been prepared by Golder Associates to investigate the subsurface conditions to inform the appropriate engineering works for the construction of the proposed development.  As noted in the Report, the subsurface conditions encountered during the drilling phase include:

• Fill and soils below existing hard surfaces (concrete and paving) ranging from 0.3m to 8.3m below surface levels;
• Rock (argillite) to the full depth of the boreholes, ranging in strength from very low to very high.  The stronger rock (medium to high strength) was encountered below depths of 10 to 18m;
• Groundwater inflow boreholes was not encountered due to the introduction of drilling fluid; and
• The monitoring of standpipes has indicated water levels at depths ranging from 18.4m to 18.8m bgl (about RL -4.5m / -4.9 m AHD).

In addition, the Geotechnical Report also provides recommendations based on the above subsurface conditions.  These include:

• Excavations can to a depth of about 8 m bgl (RL 5 m AHD) should be achievable using conventional earthmoving equipment.  Below this depth hydraulic rock breakers will most likely be needed to deepen the excavation to the required level (currently RL -9.5 m AHD);
• Shoring walls for based excavation support can be anchored soldier piles and shotcrete walls formed as excavation proceeds; and
• The proposed three towers could be supported on pad and strip footings formed into at least high strength rock.  An allowable bearing pressure of 8MPa may be adopted for design (to be confirmed once rock strength test results are available).

The site features street road frontages to George Street, Adelaide Street, Ann Street and North Quay. Access to the proposed development will be provided via three left in/left out priority controlled access driveways including:

• The north-west side of the North Quay road frontage which is to be used exclusively by service vehicles over a 7.0m wide Type B2 crossover;
• The mid-block section of the North Quay road frontage which provides direct access to ramps to/from basement car park for hotel and residential vehicular traffic over a 7.0m wide Type B2 crossover.  It should be noted that this access also provides direct access to the Hotel Port Cochere; and
• The mid-block section of the Adelaide Street frontage which provides access to/from basement car parking for commercial and retail vehicular traffic over a 9.0m wide Type B1 crossover.

A total of 943 vehicle parking spaces are to be provided as part of the intended development to be provided over 7 levels of basement.  The vehicle parking supply is proposed to be allocated as follows:

• 459 parking spaces for residential use (inclusive of 21 visitor parking/drop-off spaces); and
• 484 parking spaces for non-residential uses (including hotel, commercial/office and retail).

It should be noted that the proposed development also provides a total of 892 bicycle parking spaces for residents, staff and visitors.  End of trip facilities, including lockers, showers and toilets have also been provided.

In addition, a consolidated service area/load dock located under the hotel tower in the western corner of the site is provided in Basement Level 1 which provides for 2 x LRV bays, 2 x MRV bays, 2 x SRV bays and 4 x VAN bays.  Refuse collection will also occur in this area  It is acknowledged that the loading bay provisions fall short of the maximum total provisions under the BCC TAPS Policy supply of 2 VANS, 1 SRV and 1 MRV.  However, the proposed loading dock provisions are considered acceptable given that the loading dock will be centrally managed by a dock manager for shared use with all components of the site to allow for proper sharing/use of the loading dock and maximise efficiency.

A coach set down area on North Quay is also proposed to service the proposed development.

The Traffic Impact Assessment prepared by TTM Consulting which provides further details on the access and car parking arrangements as well as further justification regarding the loading dock design and proposed management is included in Volume 7.

4.14.1        Car parking allocation

Car parking numbers have been determined according to the maximum parking rates prescribed in the City Plan for the City Centre for the residential and non-residential components. A ‘global’ approach to car parking has been applied to provide flexibility in the allocation and location of car parking within the basement levels according to land use. The Applicant would proffer acceptance to a suitably worded condition that prescribes the maximum number of car parking spaces applicable to the residential component (i.e. 459 car spaces) and the non-residential components (i.e. 484). Such an approach would allow flexibility for the non-residential car spaces to be allocated to the hotel, retail and office components according to tenant demand within the overall maximum provision for non-residential uses at a rate of 1 per 200 m².  We respectfully suggest the following wording:

“Construct and delineate or sign (as required) the following requirements as indicated on the approved plan(s) of layout:

….Parking on the site for 943 cars. 459 of the above parking spaces are to be provided for the residential use and 484 of the above parking spaces are to be provided for the non-residential uses (including the Hotel use). “

A Noise Impact Assessment prepared by Renzo Tonin Ron Rumble accompanies this application at Volume 8 and has been prepared to assess the noise impacts on the proposed development and nearby sensitive locations as well as establishing the required attenuation measures to control noise emissions and intrusions to acceptable levels.  The noise assessment has been assessed in accordance with the requirements of Brisbane City Council’s Noise Impact Assessment Planning Scheme (NIAPSP) and the Department of Transport and Main Roads (DTMR).

The Noise Impact Assessment Report has considered the following potential acoustic impacts on:

• Occupants of the proposed development from:
  –        Road traffic along George Street, Adelaide Street, North Quay, Riverside Expressway and Ann Street.  It should be noted  that George Street, Adelaide Street, North Quay and Ann Street are Council-controlled roads, whilst the Riverside Expressway is a State-controlled road;
  –        Mechanical plants from nearby buildings and the proposed development; and
  –        Other activities such as pubs, clubs and restaurants, namely the existing Grosvenor on George Street.

• Nearby receivers from:
  –        Mechanical plants post development.

Overall, the noise assessment found that the development has the capacity to mitigate against the above identified noise impacts.  Key outcomes of the noise assessment area as follows:

• Traffic noise from George Street, Ann Street, Adelaide Street and Riverside Expressway has the potential to adversely affect the development.  Mechanical plant noise from nearby buildings also has the potential to adversely affect the development.
• To control the traffic noise and mechanical plant noise intrusion, the façade walls would need to be acoustically rated no less than R_w 55.  It is recommended that glazing performances achieve acoustic ratings as follows:
  –        For the office tower – acoustic ratings between R_w 32 to R_w 39 (height and location specific) to achieve green star;
  –        For the hotel tower – acoustic ratings between R_w 35 to R_w 48 (height and location specific) to achieve 5-star hotel brief; and
  –        For the residential tower – acoustic ratings between R_w 33 to R_w 51 (height and location specific) to achieve DTMR Policy of 35dBA within all habitable rooms.  It should be noted however that alternative acoustic ratings of R_w 23 to R_w 46 (height and location specific)  pursuant to AS/NZ2107-2000 to achieve 40dBA within bedrooms and 45dBA within living areas is applied where it is noted that the required glazing acoustic performance to achieved the DTMR Policy noise limits is impractical, given the limitations of glazing and window frame construction, assembly and installation.

• The proposed development will install mechanical plant which may have the potential to adversely affect nearby buildings.  It will be necessary for the noise emissions to comply with the requirements of the NIAPSP.  At this stage of the development the actual plant types and sizes have not yet been selected.  In these circumstances, it is recommended that a separate assessment of the noise impact of mechanical plant to be installed for the proposed development be undertaken at a later stage (detailed design) when the mechanical specifications and noise data is available.

An Aeronautical Impact Assessment prepared by The Ambidji Group has been included in Volume 10 and addresses all the relevant criteria to assess the proposals penetration of the Prescribed Airspace of Brisbane Airport.  The report will also form part of the of an airspace approval application as per the requirements of the Airports Act 1996 and Airports (Protection of Airspace) Regulation 1996 to be submitted to the Brisbane Airport Corporation seeking approval from the Department of Infrastructure and Regional Development (Commonwealth) to carry out a Controlled Activity for development intruding into the operational airspace of an airport.

The key elements of the report involve a detailed assessment of:

• The Obstacle Limitation Surfaces (OLS);
• The Procedures for Air Navigation Services – Aircraft Operations (PANS OPS) Surfaces; and
• The Standards for Siting and Clearance Areas for Airways Facilities on Airports;

The assessment has been undertaken with consideration to the following legislation:

• The Airports Act 1996 (Part 12, Protection of airspace around airports);
• The Airports (Protection of Airspace) Regulations 1996;
• Civil Aviation (Building Control) Regulations 1988;
• Civil Aviation Safety Regulations (CASR) Part 139 Manual of Standards (MOS), Chapter 7 Obstacle Restriction and Limitation and Chapter 11 Standards for Other Aerodrome Facilities; and
• State Development Assessment Provisions – Module 15 – Airports: Strategic Airports and Aviation Facilities State Code.

The Aeronautical Impact Assessment report has concluded that:

• the proposed mixed use development infringes Prescribed and Operational Airspace of Brisbane Airport, specifically the Outer Horizontal Surface (“OLS”) by 121.5m, but is likely to be approved subject to the provision of Obstacle Lighting on the building;
• the proposed mixed use development does not infringe the OLS of Archerfield Airport and RAAF Base in Amberley;
• the proposed development does not infringe any existing or future PANS OPS surfaces as detailed in the 2009 Master Plan for Brisbane Airport or for the 2005 Master Plan for Archerfield Airport, and thus may be considered approvable, subject to conditions, under the Airports (Protection of Airspace) Regulations;
  • the Air Traffic Control (‘ATC’) radar clearance plane for the Brisbane Terminal Approach Radar (‘TAR’) is infringed by 99m, but the impact is likely to be minimally above that caused by existing buildings within the Brisbane CBD;
  • the sensitive area for the Runway 01 Glide Path is infringed by the proposed development but other existing buildings, which also infringe this clearance plane, appear to have no impact on the performance of the Runway 01 Instrument Landing System;
  • Air Traffic control (“ATC”) communication facilities in the area are unlikely to be affected by the proposed mixed use development; and
  • cranes (temporary obstacles), operating to 46 m above the maximum building height of 274 m penetrate PANS-OPS surfaces, but may be approved under similar conditions  for crane operation at the nearby 43 Herschel Street development. The crane operation would need to be separately approved under conditions of the developer providing timely advice to Brisbane Airport prior to construction so that appropriate NOTAMs may be issued, and
  • the BMU equipment (temporary obstacle) may be approved to operate up to 5 m above the maximum building height for several times a year, but would be subject to approval by BAC, and timely notification so that appropriate NOTAM action can be taken.

Therefore, based on the provisions of the Airports (Protection of Airspace) Regulations 1996, there appears to be no impediment to the Department of Infrastructure and Regional Development or the Department of State Development, Infrastructure and Planning (State Assessment and Referral Agency)  approving the development of the site as proposed, subject to consideration of the application by Brisbane Airport Corporation Pty Ltd, the Civil Aviation Safety Authority, Airservices Australia and other relevant aviation agencies.  It should be noted that the applicant and the relevant aviation agencie

A Construction Management Plan has been prepared by Brookfield Multiplex to guide the construction phase of the proposed development (refer to Volume 12).  The Plan provides a holistic approach that:

• Advises how the project management team will comply with the requirements of the contract relating to construction;
• Defines the project objectives and targets of particular relevance to the construction phase;
• Describes the constraints specific to the construction phase and the project in general;
• Describes the process for identification and control of risks specific to the construction phase; and
• Details the proposed strategy for the construction phase, with particular regard to establishment resourcing, site organisation and construction controls.

The Plan forms part of Brookfield Multiplex Constructions Management Systems which is accredited to AS/NZS ISO 9001:2008 – Quality Management System, AS/NZS ISO 14001:2004 – Environmental System, and AS/NZS 4801:2001 – Occupational Health and Safety Management System.

4.19.1  Staggered Commencement Of Uses

The Applicant wishes to stage the commencement of uses of certain components of the development to allow for the Hotel use to commence prior to the completion of the residential and office towers. The staging arrangements would be in the form of the staggered commencement of uses rather than separate distinct stages. Accordingly, we would respectfully request that Council gives consideration to the provision of a suitably worded condition, similar to the following suggestion:

“All non-residential uses shown within the areas of the basement, ground, podium and Hotel tower levels indicated on plans xxxxx may commence use, operation and trade upon completion of all building works and receipt of Certificate of Classification for the works prior to the completion of all building works associated with the  residential and officer towers.”

The purpose of the Sustainable Planning Act 2009 (‘SPA’) is to achieve ecological sustainability by coordinating planning at all levels of government and by managing the development process as well as the impacts of development.

This application includes Material Change of Use, Operational Work and Building Work components that are assessable development.  A Development Permit for the Material Change of Use and Preliminary Approval for Building Work are therefore required prior to the commencement of the use.

The Brisbane City Plan 2000 (‘Planning Scheme’) states that the proposed Material Change of Use development is subject to code assessment. Code assessment is to be undertaken in accordance with Section 313 of the SPA.  The assessment manager, when considering an application subject to code assessment, is required to assess the development application against any relevant State Planning Regulatory Provisions, Regional Plans, IDAS codes, State Planning Policies, and applicable codes in the Planning Scheme.  In addition, the assessment manager must have regard to the common material, any development approval for, and any lawful use of, the premises or adjacent premises, any referral agency’s response for the application and the purposes of any instrument containing an applicable code.

The State Assessment and Referral Agency (SARA) introduced on 1 July 2013 seeks to deliver a coordinated, whole-of-government approach to the state’s assessment of development applications. SARA provides:

• A single agency lodgement point for development applications, where the state has a jurisdiction;
• A single coordination and contact point; and
• A final decision maker to ensure that no ‘unreasonable’ requirements are imposed on applicants.

Unlike the previous arrangements where referral agencies were either advice agencies or concurrence agencies and referrals were made to the relevant state agencies, the chief executive of SPA, being the Director-General of the Department of State Development, Infrastructure and Planning (DSDIP), is now the single referral agency for all development applications where the state has jurisdiction.

It should be noted that all relevant agencies are regarded as key stakeholders and will provide technical advice where they had former jurisdiction in that particular matter.  For the purposes of SPA these agencies will not be formal advice agencies. Importantly, there is only one state agency decision notice issued from the DSDIP.

5.4.1  State Development Assessment Provisions

The State Development Assessment Provisions (SDAP) are an outcome of the SARA and are a statutory instrument made under the SPA which sets out matters of interest of the state for development assessment, where the chief executive administering the SPA is the assessment manager or a referral agency.

Importantly, the SDAP outlines the criteria for assessment by the chief executive and provides applicants with:

1)     Clarity on when the state is to be involved in the assessment of development applications; and

2)     Increased transparency and clarity on how development can comply with matters of interest of the state through a set of State Codes.

An assessment of the proposed development against the State Assessment criteria for the relevant referral agency role is included in Appendix F, which indicates that the proposal requires referral to the DSDIP for the following matters:

• Queensland Heritage Place – pursuant to Schedule 7, Table 2, Item 19 of the SPR as the North Quay Road reserve is listed on the Queensland Heritage Register as an Archaeological Place;
• Airports – pursuant to Schedule 7, Table 3, Item 15 of the SPR as the development will be carried out within the obstacle limitation surface of the Brisbane Airport and will exceed 12m high;
• Public Passenger Transport – pursuant to Schedule 7. Table 3, Item 14A as the site is located within 400m of an existing public transport facility and the total size is greater than 5,000m²;
• State Controlled Roads – pursuant to Schedule 7, Table 3, Item 1 of the SPR as part of the site is within 25m of a State-controlled road being Ann Street and the Riverside Expressway;
• State Transport Infrastructure (thresholds) – pursuant to Schedule 7, Table 3, Item 2 as the proposed development exceeds the thresholds under Schedule 9 of SPR.

Given the above, the proposed development will require assessment against the following State Codes and the relevant provisions of each code:

The proposed development is to include a Convention Centre, Hotel, Indoor Sport and Recreation, Multi-Unit Dwelling, Office, Restaurant, Shop and Short-term Accommodation.  As the proposed development is located within a Centre Area the proposed uses are able to be collectively defined as ‘Centre Activities’.

The Centre Activities definition (as relevant) is included below:

Centre activities: where in a Multi–purpose Centre or where specified in a Local Plan, use of premises for any of the following group of uses are termed Centre activities: …

–        …
–        convention centre
–        …
–        hotel
–        Indoor sport and recreation
–        …
–        multi-unit dwelling
–        …
–        office
–        …
–        restaurant
–        …
–        shop
–        …
–        short term accommodation
–        …

The above mentioned activities are defined separately as follows:

Convention Centre: a use of premises for conference, public or community group gatherings, private functions, trade exhibitions/displays, and associated entertainment and catering, and occasional indoor sporting events.

Hotel: a use of premises for the sale of liquor for consumption on–site, which may also include sale of liquor for consumption off–site, short term accommodation and dining/entertainment activities.

Indoor Sport and Recreation: a use of premises for playing of a game, recreation, instruction, athletics, sport or entertainment, where these activities take place primarily in a building, e.g. sports centre, gymnasium, snooker and pool centre, dance hall or theatre.

Multi–unit Dwelling: a use of premises as the principal place of longer term residence by several discrete households, domestic groups or individuals irrespective of the building form. Multi–unit dwellings may be contained on one lot or each dwelling unit may be contained on its own lot subject to Community Title Schemes. Examples of other forms of multi–unit dwelling include boarding house, retirement village, nursing home, orphanage or children’s home, aged care accommodation, residential development for people with special needs, hostel, institution (primarily residential in nature) or community dwelling (where unrelated people maintain a common discipline, religion or similar). The term multi–unit dwelling does not include a house or single unit dwelling as defined elsewhere.

Office: a use of premises for a business or office purpose, e.g. professional office, real estate office, estate sales office, bank, building society or surgery, where the principal activity provides:

–        business or professional advice;

–        services or goods that are not physically on the premises;

–        the office based administrative functions of an organisation but does not include a Home Business, which is defined separately.

Restaurant: a use of premises for providing meals or light refreshments on a regular basis to members of the public for consumption on or off the site, e.g. cafe, restaurant, theatre restaurant, bistro, milk bar, coffee shop, tea room, take away, drive through food outlet or fast food outlet.

Shop: a use of premises for the display and retailing of goods, and personal services such as betting, hair and beauty care, laundromats and dry cleaning shop fronts e.g. supermarket, department store, showroom, retail warehouse, liquor store, place for the hire of domestic items, stall, market or salon.

Short Term Accommodation: a use of premises for short term accommodation (typically not exceeding 2 weeks) for tourist activities and travellers, e.g. holiday cabins, motel, hotel (where it entails mainly accommodation), serviced apartments, guesthouse or backpackers hostel and caravan park (that is also often appropriate for use as long term accommodation). 

The site is included within the City Centre Neighbourhood Plan (Neighbourhood Plan‟). The Vision for City Centre, as set out in the Neighbourhood Plan is:

The City Centre of Brisbane is the heart of the Queensland State Capital, with facilities and an urban environment befitting the pre-eminent Centre of Australia’s fastest growing metropolitan region, a subtropical city of national and international significance.

The vision for the City Centre includes:

(a)   compact, high density building forms contained by the city loop of the Brisbane River, Spring Hill and Roma Street Parklands
(b)   the further development of the City Centre in its role as Queensland’s principal Centre for business and administration
(c)   a vibrant shopping heart centred on the Queen Street Mall
(d)   a vital, mixed use City Centre where the principal business and administration functions are complemented by retailing, entertainment, education, community and cultural facilities, tourism and residences
(e)   a safe, vibrant, extensive, attractive, connected and inclusive public domain network throughout the City Centre
(f)     a City Centre which takes advantage of its views and vistas, parks and heritage
(g)   an emphasis on its river setting
(h)   a pedestrian friendly City Centre, with adequate protection from the elements
(i)     a reduced dependence on private vehicle usage and increased reliance on public transport, cycling and walking
(j)     a City Centre with distinct subtropical character.

The proposed development will contribute to the realisation of the Neighbourhood Plan’s Vision for the City Centre. In this regard, the development will provide for an increased supply of commercial office space, residential dwellings and short term accommodation, all of which are needed for the continued strong and growing market of Brisbane’s CBD. The proposed development further represents compact development through the provision of high density residential dwellings in proximity to employment areas, public transport opportunities and recreation areas. It also represents an important co-location of activities to create active and vital spaces.

The design of the concept proposal places a strong emphasis on the pedestrian environment and the continuation of pedestrian connections along George, Ann and Adelaide Streets and North Quay, and from the corner of these pedestrian spines into the site.  This includes the provision of an escalator connection to Level 2 bars, restaurants and a terrace and Level 3 hotel facilities and function spaces. The provision of shops, restaurants and lobbies at the levels that directly abut the surrounding streets will contribute to the active nature of the CBD.

Council has recently released the Draft City Centre Master Plan 2013 (Draft Master Plan) for public consultation on 17 September 2013 and invited the community to provide feedback by the 25 October 2013.  The Draft Master Plan once finalised and adopted will provide the basis for the preparation of a new City Centre Neighbourhood Plan.  It is anticipated that the Draft Master Plan will be finalised and adopted by the end of 2013 with the preparation of the new City Centre Neighbourhood Plan to follow immediately with a view of superseding the existing City Centre Neighbourhood Plan.

In summary, the Draft Master Plan sets the vision and strategic framework to guide a generation of growth in the urban heart of Brisbane.  This Plan reinforces the city centre as the showcase for best of every Brisbane has to offer and sets the scale and direction of future opportunities to create buildings, places and spaces that celebrate the pleasant climate and natural assets.  The vision is to be achieved through five key strategies being:

1)     Economic Development – Boundless Opportunity (Open for Development)
2)     Public Realm – Leafy Outdoor Lifestyle
3)     Built Form – Buildings that Breathe
4)     Social and Cultural – A Stage for Urban Life
5)     Transport – Where People Connect

In the detailed level of the Draft Master Plan, the site is identified as a priority project and included as a ‘strategic development site’ given its significance within the City Centre.  As noted in the Draft Master Plan, Council’s aim for strategic development sites is to:

Work collaboratively with Queensland Government and private developers to unlock and facilitate redevelopment of strategic development sites.

More specifically, Council has committed in the Draft Master Plan to guide the redevelopment of the ‘Old Supreme Court’ site given its significant size, exposure and prime riverfront location.

Given the above, the proposed development through the mixed use approach and built form which incorporates a poetic architectural form that celebrates the Brisbane River is regarded as a catalytic development in realising Council’s vision in unlocking the potential of an important strategic land holding and facilitates timely development with best practice design.  This is achieved through innovative and contextually responsive design as illustrated in Volume 1 – Architectural Design Report and Drawings which showcases distinctive buildings that breathe architecture with open and inviting spaces that will put our city on the world stage.  Importantly, the final design of the proposed development is underpinned by public sector enablement (through numerous workshops and discussions) and private sector investment to deliver a truly unique and key landmark in the City Centre.

Acceptable Solution 8.1 (A8.1) of the City Centre Neighbourhood Plan Code states that:

A8.1 No specific height limit applies

As outlined in Section 7.1.2.1 above (and in sections 3.2.1 of the Architectural Design Report in Volume 1), the calculation of ESC for the development results in an ESC of less than 0.35 and therefore no GFA limits apply.  Pursuant to A8.1 above, the proposed development is therefore afforded unlimited height under the Neighbourhood Plan.

Notwithstanding the above, Acceptable Solution A8.1 of the City Centre Neighbourhood Plan Code contains a note, as outlined below:

Note: Buildings must be consistent with the provisions of the State Planning Policy 1/02 – Development in the Vicinity of Certain Airports and Aviation Facilities, and obtain any other relevant approvals as required regarding the safety and efficiency of operational airspace

It should be noted that State Planning Policy 1/02 – Development in the Vicinity of Certain Airports and Aviation Facilities (SPP 1/02) was repealed in August 2013.  However, the principles and objectives of SPP 1/02 were captured in the release of the State Development Assessment Provisions, namely Module 15 – Airports: Strategic Airports and Aviation Facilities State Code.

An Aeronautical Impact Assessment prepared by The Ambidji Group is included in Volume 10 and addresses all the relevant criteria to assess the proposals penetration of the Prescribed Airspace of Brisbane Airport.  The report will also form part of the of an airspace approval application as per the requirements of the Airports Act 1996 and Airports (Protection of Airspace) Regulation 1996 to be submitted to the Brisbane Airport Corporation seeking approval from the Department of Infrastructure and Regional Development (Commonwealth) to carry out a Controlled Activity for development intruding into the operational airspace of an airport.

The key elements of the report involve a detailed assessment of:

• The Obstacle Limitation Surfaces (OLS);
• The Procedures for Air Navigation Services – Aircraft Operations (PANS OPS) Surfaces; and
• The Standards for Siting and Clearance Areas for Airways Facilities on Airports;

The assessment has been undertaken with consideration to the following legislation:

• The Airports Act 1996 (Part 12, Protection of airspace around airports);
• The Airports (Protection of Airspace) Regulations 1996;
• State Development Assessment Provisions – Module 15 – Airports: Strategic Airports and Aviation Facilities State Code;
• Civil Aviation (Building Control) Regulations 1988; and
• Civil Aviation Safety Regulations (CASR) Part 139 Manual of Standards (MOS), Chapter 7 Obstacle Restriction and Limitation and Chapter 11 Standards for Other Aerodrome Facilities.

Importantly, the Aeronautical Impact concludes that:

Based on the provisions of the Airports (Protection of Airspace) Regulations 1996, there appears to be no impediment to the Department of Infrastructure and Transport approving the development of the site as proposed, subject to consideration of the application by Brisbane Airport Corporation Pty Ltd, the Civil Aviation Safety Authority, Airservices Australia and other relevant aviation agencies

7.2.3.1  General Podium Design and Setbacks

Acceptable Solution 24 (A24) of the City Centre Neighbourhood Plan Codes states that:

A24 The building line below maximum podium height is as specified on Map B

Map B identifies the requirement for the building line below maximum podium height to be setback 3 metres from North Quay, George, Ann and Adelaide Streets.

As outlined in Section 3 and above, the constraints brought about by the resumption of land on the Adelaide frontage have necessitated an alternative approach to podium and ground level setbacks to meet the corresponding Performance Criteria, which states as follows:

P24 Building setbacks below maximum podium height:
-      create a desirable, pedestrian friendly environment at street level

A performance solution is therefore sought to achieve a podium built to boundary on the Ann, George and Adelaide Street frontages and a varied podium setback on North Quay.  As a whole-of-City block, with no properties or existing podium lines abutting it, it is considered that the proposed podium configuration is acceptable. The perforated, innovative design of the podium façade adds interest and articulation to the street frontage, enhancing the character and appearance of this part of the City Centre.

The undulating podium line, when taken with the activated ground plane, will create a highly desirable, pedestrian friendly environment at the street level in accordance with P24.

7.2.3.2  Ground Level Podium Setbacks

As part of the podium design, it is also noted that Acceptable Solution A26.1 of Section 5.4 of the Neighbourhood Plan Code states that:

A26.1   Buildings are setback from the road alignment at ground level as specified on Map E

Map E requires a ground level setback of 3 metres from the front alignment. 

As outlined in Section 7.2.3.1 above, the constraints brought about by the resumptions of land on the Adelaide Street have necessitated a variation to the prescribed ground level setback specified under A26.1 as a performance solution to the corresponding Performance Criterion.

The relevant Performance Criterion P26 states that:

P26 The ground level setback provides continuity with adjoining setbacks, or appropriate transition where a difference exists with adjoining setbacks, and is complementary to the role and function of the street
Where appropriate, the ground storey of building development is set back from the street frontage to provide additional pedestrian space adjoining and integrated with the public footpath

As a whole city block, with no adjoining setbacks, the development can be ‘of itself’ in defining a consistent ground plane. The design transforms the site from an impenetrable block with little or no activation, to a fully activated, permeable ground plane that provides a number of entrances and routes for the pedestrian to link between frontages.

The ground level setback achieved and the corresponding footpath widths are considered entirely appropriate for this site consistent with the form and function of George, Ann and Adelaide Streets.  North Quay, being the main vehicular entrance offers a different setback and one that will enhance a previously inactive frontage, through the introduction of entrances to the development and high quality landscaping.

This Report accompanies a development application by Bao Jia Developments Pty Ltd and Shayher Group for a proposed mixed use development at 272 – 318 George Street (Lot 10 on B32361), also known ‘300 George Street, Brisbane’. The development application is for the purposes of:

• A Development Permit for a Material Change of Use for Centre Activities (Convention Centre, Hotel, Indoor Sport and Recreation, Multi-unit Dwelling, Office, Restaurant, Shop, Short-term Accommodation) on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site;
• A Development Permit for Building Works and Operational Works (Filling and Excavation) on a Queensland Heritage Place and on land adjoining the boundary of Heritage Place Site; and
• A Preliminary Approval for Building Works on a Queensland Heritage Place and on land adjoining the boundary of a Heritage Place Site.

The proposal has been assessed against, and is able to fulfil the requirements of all relevant statutory planning instruments. In this regard, it is noted that:

• The proposed mixed use development optimises the use of this important site by providing a range of Centre Activities that are expressly supported by the policies and provisions of the SEQ Regional Plan;
• The proposal is consistent with the intent of the city-wide desired environmental outcomes;
• The proposal is consistent with the components of the ‘Centre’ designation of the Brisbane Strategic Plan;
• is supported by the Desired Environmental Outcomes for Multi-purpose Centres, in particular Multi-purpose Centre MP3 – Suburban Centres;
• The development accords with the Neighbourhood Plan intent for the site, particularly in terms of the delivery of office floorspace in excess of the Strategic Redevelopment Area requirements;
• The development meets the relevant Acceptable Solutions or associated Performance Criteria of all relevant Codes;
• The proposal satisfies the purpose of the City Centre Neighbourhood Plan Code; and
• The proposal generally accords with the requirements of relevant Planning Scheme Policies.

Significantly, the development application facilities the redevelopment of a vacant, whole-of-City block in a manner that will enhance the character and appearance of this part of the CBD through the creation of a distinct new landmark worthy of Brisbane’s status as an Australia’s new world city.  This will be achieved through the proposed development’s mixed use approach and built form which incorporates a a high quality design solution that is rooted in an appreciation of the site’s context and celebrates Brisbane’s most important natural feature, the Brisbane River.  This catalytic development supports Council’s vision in unlocking the potential of a key strategic land holding and facilitates timely development with best practice design including distinctive buildings that incorporate open and inviting spaces that enhance and activate the public realm.

On the basis of the assessment contained within this report, we respectfully request that Council determines the application favourably, subject to reasonable and relevant conditions.

Image Source: ZENX/DBI