BRISBANE CITY COUNCIL'S APPROVAL PACKAGE.



APPLICATION DETAILS

This package relates to the application detailed below
Address of Site: 23 CASTLEBAR ST KANGAROO POINT QLD 4169
23 CASTLEBAR ST KANGAROO POINT QLD 4169
Real Property Description of Site: L10 SP.339299
L10 RP.135198
Aspects of development and type of approval: DA - PA - Building Work Development Permit - Heritage Place (LHP),partial demolition,Heritage Place (QHP)
DA - PA - Material Change of Use Development Permit - Heritage Place (QHP),multiple dwelling
DA - PA - Operational Work Development Permit - Heritage Place (QHP),Bulk Earthworks,Landscape Works on Private Land
DA - PA - Operational Work Preliminary Approval - Prescribed Tidal Work
DA - PA - Operational Work Preliminary Approval - Heritage Place (QHP),Prescribed Tidal Work
DA - PA - Building Work Preliminary Approval - Local heritage place,partial demolition,State heritage place
Council File Reference: A006656931
Permit Reference Number/s: DABW417876722; DAMC417876822; DAOW418304322; DAOW418304422; DAOW457150524; DABW471058125.
Package Status: APPROVED - Version 2 (3rd of June, 2026 11:12:22 AM)
Package Generated: 03/06/2026


PROJECT TEAM

The assessment of this application has been undertaken by:
Annabelle MATTHEWS
General Manager Development Services
Planning Application Review Service
Annabelle.Matthews@brisbane.qld.gov.au
3178 7919
Marissa TSOUKAS
Team Manager
Planning Services Governance
marissa.tsoukas@brisbane.qld.gov.au
3403 5590
Aidan HARVEY-HALL
Senior Urban Planner
Planning Services Governance
Aidan.Harvey-Hall@brisbane.qld.gov.au
0731787317
Brendan GILLHAM
Planning Services Manager
Planning Services
Brendan.Gillham@brisbane.qld.gov.au
(07) 3403 5958
Michael PO SAW
Technical Officer
Trunk Infrastructure & Calculations
michael.posaw@brisbane.qld.gov.au
34036167
Mario FURLAN
Architect
Architecture Team
Mario.Furlan@brisbane.qld.gov.au
(07) 3403 5698
Mark VINEY
Team Manager
Planning Services North
Mark.Viney@brisbane.qld.gov.au
(07) 3403 0289
George KAITHAKKOTTIL
Principal Engineer
Engineering Services South
George.Kaithakkottil@brisbane.qld.gov.au
3178 0818
Michael O'REILLY
Environmental Management Officer
Environmental Management Services
Michael.O'Reilly@brisbane.qld.gov.au
3403 9517
Glyn CHISHOLM
Senior Landscape Architect
Landscape Architecture Team
Glyn.Chisholm@brisbane.qld.gov.au
07 3403 0117
Daniel SPILLANE
Senior Engineer
Engineering Services South
Daniel.Spillane@brisbane.qld.gov.au
3403 5285


DRAWINGS AND DOCUMENTS



The term 'drawings and documents' or similar expressions mean:
Drawing or Document Number Plan Date
Land Contribution DRAWING 1 (Amended In Red 21-MAY-2026) 21-MAY-2026
Works Contribution and Indicative Pontoon Layout DRAWING 2 (Amended In Red 21-MAY-2026) 21-MAY-2026
Demolition Plan DRAWING 3 (Amended In Red 21-MAY-2026) 21-MAY-2026
Above Ground Level Works - 1 DRAWING 4 (Amended In Red 21-MAY-2026) 21-MAY-2026
Above Ground Level Works - 2 DRAWING 4 (Amended In Red 21-MAY-2026) 21-MAY-2026
Landscape Concept Plan and Details (Amended In Red 21-MAY-2026) 13-MAR-2025
Shafston House Kangaroo Point - The Ground & Setting Landscape Heritage Assessment Version 2 10-MAR-2025
Report on Geotechnical Investigation 97616.00 R.002.Rev1 18-JAN-2022
Site Based Stormwater Management Plan B23202-REP-CIV-0001 Revision B 18-NOV-2024 (Received)
Pedestrian Wind Study 2410315 03-OCT-2024
Area Plans - GFA Sheet 2 A9102 Issue C 19-MAR-2025 (Received)
Area Plans - GFA Sheet 3 A9103 Issue C 19-MAR-2025 (Received)
Development Schedule Private Open Spaces - Sheet 1 A9301 Issue B 19-MAR-2025 (Received)
Development Schedule Private Open Spaces - Sheet 2 A9302 Issue B 19-MAR-2025 (Received)
Development Schedule A0001 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Existing Site Plan A0010 Issue C 19-MAR-2025 (Received)
Demolition Site Plan A0020 Issue C 19-MAR-2025 (Received)
Roof Site Plan A0030 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Basement 2 Site Plan A0040 Issue C 19-MAR-2025 (Received)
Basement 1 Site Plan A0050 Issue C 19-MAR-2025 (Received)
Lower Ground Site Plan A0060 Issue C 19-MAR-2025 (Received)
Ground Site Plan A0070 Issue C 19-MAR-2025 (Received)
Level 1 Site Plan A0080 Issue C 19-MAR-2025 (Received)
Tower - Lower Ground Plan A0990 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Tower - Ground Floor Plan A1000 Issue C 19-MAR-2025 (Received)
Tower - Level 1 Plan A1001 Issue C 19-MAR-2025 (Received)
Tower - Levels 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24 Plan A1002 Issue C 19-MAR-2025 (Received)
Tower - Levels 3, 5, 7, 9, 11, 15, 17, 19, 21, 23, 25 Plan A1003 Issue C 19-MAR-2025 (Received)
Tower - Level 13 Plan A1013 Issue C 19-MAR-2025 (Received)
Tower - Level 26 Plan A1026 Issue C 19-MAR-2025 (Received)
Tower - Level 27 Plan Roof Terrace A1027 Issue A 19-MAR-2025 (Received)
Tower - Roof Plan A1029 Issue C 19-MAR-2025 (Received)
Wards Builiding Lower Ground Plan A1201 Issue C 19-MAR-2025 (Received)
Southern River Home Ground Floor Plan (Site B2) A1400 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Southern River Home Upper Ground Floor Plan (Site B1) A1401 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Southern River Home Level 1 Plan (Site LG) A1402 Issue C 19-MAR-2025 (Received)
Southern River Home Roof Plan (Site GF) A1403 Issue C 19-MAR-2025 (Received)
Northern River Home Ground Floor Plan (Site B1) A1500 Issue C 19-MAR-2025 (Received)
Northern River Home Level 1 Plan (Site LG) A1501 Issue C (Amended In Red 21-MAY-2026) 19-MAR-2025 (Received)
Northern River Home Roof Plan (Site Ground) A1502 Issue C 19-MAR-2025 (Received)
Site Section A-A Tower, Wards, Southern RH A2001 Issue C 19-MAR-2025 (Received)
Site Section B-B Shafston, Pool, Basement A2002 Issue C 19-MAR-2025 (Received)
Site Section C-C Orderlies, Northern RH A2003 Issue C 19-MAR-2025 (Received)
Site Section D-D Tower, Shafston A2004 Issue B 19-MAR-2025 (Received)
Part Section E-E Southern Riverhome A2401 Issue A 19-MAR-2025 (Received)
Part Section F-F Wards A2402 Issue A 19-MAR-2025 (Received)
Part Section G-G Shafston House A2601 Issue A 19-MAR-2025 (Received)
Site Elevation North A3001 Issue C 19-MAR-2025 (Received)
Site Elevation East A3002 Issue C 19-MAR-2025 (Received)
Site Elevation South A3003 Issue C 19-MAR-2025 (Received)
Site Elevation West A3004 Issue C 19-MAR-2025 (Received)
Tower Elevations North and West A3101 Issue C 19-MAR-2025 (Received)
Tower Elevations South and East A3102 Issue C 19-MAR-2025 (Received)
Southern River Home East Elevation A3401 Issue C 19-MAR-2025 (Received)
Southern River Home North Elevation A3402 Issue C 19-MAR-2025 (Received)
Northern River Home East Elevation A3501 Issue C 19-MAR-2025 (Received)
Northern River Home North Elevation A3502 Issue C 19-MAR-2025 (Received)
Shafston House West Elevation A3601 Issue A 19-MAR-2025 (Received)
Facade Type 1 Tower GF - Fixed Louvers and Awning A4201 Issue C 19-MAR-2025 (Received)
Facade Type 2 Tower Apartment East Facade A4202 Issue C 19-MAR-2025 (Received)
Facade Type 3 Tower Apartment North Facade A4203 Issue C 19-MAR-2025 (Received)
Facade Type 4 Tower Apartment West Facade A4204 Issue C 19-MAR-2025 (Received)
Facade Type 5 Tower Apartment South Facade A4205 Issue C 19-MAR-2025 (Received)
Facade Detail Tower Sections A4206 Issue C 19-MAR-2025 (Received)
Facade Detail Wards Building Roof Connection A4207 Issue B 19-MAR-2025 (Received)
Tower - Levels 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24 Plan - Screen Analysis Sheet 1 A4301 Issue A 19-MAR-2025 (Received)
Tower - Levels 3, 5, 7, 9, 11, 15, 17, 19, 21, 23, 25 Plan - Screen Analysis Sheet 2 A4302 Issue A 19-MAR-2025 (Received)
Tower - Level 13 Plan Screen Analysis - Sheet 3 A4303 Issue A 19-MAR-2025 (Received)
Tower - Level 26 Plan Screen Analysis - Sheet 4 A4304 Issue A 19-MAR-2025 (Received)
Tower Roof Terrace Analysis A4310 Issue A 19-MAR-2025 (Received)
Area Schedule A9100 Issue C 19-MAR-2025 (Received)
Area Plans - GFA Sheet 1 A9101 Issue C 19-MAR-2025 (Received)


Advice

Please see the attached document(s) for any advices.

APPROVAL CONDITIONS



Permit to Which These Conditions Relate: DA - PA - Building Work
Activity(ies): Heritage Place (LHP)
Heritage Place (QHP)
partial demolition
Stage: Stage 1 - Multiple Dwelling (50 units) on a Queensland Heritage Place

General/Planning Requirements
 
Timing
1)   Approved Drawings and Documents

A legible copy of the Council approved DRAWINGS AND DOCUMENTS and the Development Approval Package must be maintained on site and kept available for inspection by site workers and Council officers.

Note: This condition is imposed to ensure compliance with the conditions of development approval.

 
While site/operational/building work is occurring
 
2)   Carry Out the Approved Development

Carry out the approved development in accordance with the approved DRAWINGS AND DOCUMENTS.

Note: This approval does not imply permission to enter neighbouring properties to carry out the construction (including, but not limited to, associated drainage and earthworks).  Permission to enter neighbouring properties must be obtained from the relevant property owners.

 
While site/operational/building work is occurring
 
3)   Complete All Building Work

Complete all building work associated with this development approval, including work required by any of the conditions included in the Development Approval Package. Such building work must be carried out in accordance with the approved DRAWINGS AND DOCUMENTS.

Note: Building work must also be completed in accordance with any other current development approval.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
4)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
Standard Advice
 
Timing
5)   Construction Noise and Dust Emissions

Pursuant to the Environmental Protection Act 1994, all development involving the emission of noise and dust from building and/or construction activities, must ensure that the emissions are in accordance with the requirements of the Act.
The Environmental Protection Act 1994 prescribes that:

1. A person must not carry out building work in a way that makes an audible noise-
-  on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or
-   on any other day, at any time. 
2. The reference in subsection (1) to a person carrying out building work-
-  includes a person carrying out building work under an owner-builder permit; and
-  otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

Note: A request can be made to work outside of these hours by submitting an Environmental Management Plan for assessment and obtaining an endorsed decision from the Environmental Management delegate Development Services.

 
As indicated
 
6)   Natural Assets Local Law (NALL) - Protected Vegetation On Site

Work on or around protected vegetation may require a permit under the Natural Assets Local Law 2003 (NALL). Permits under the NALL are issued by Development Services.

To apply for a permit to work on protected vegetation go to Council's website or contact the call centre on 3403 8888.

 
As indicated
 
7)   Further Development Permit Required

Further Development Permit(s) to carry out assessable building work under the Building Act may be required.

 
As indicated
 
8)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
9)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 
10)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003.  This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
11)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action

 
As indicated
 
12)   Fire Ant Movement Controls

To prevent the spread of fire ants, the Queensland Government has implemented improvement controls in areas of Queensland (biosecurity zones) where this pest species has been detected.

These controls apply to individuals and commercial operators and restrict the movement of materials that could carry fire ants which include soil, turf, potted plants, mulch, baled hay or straw, animal manures, mining or quarry products.

Breaches of these controls can potentially impact the community, economy and the environment.  Penalties for non-compliance with movement controls within fire ant biosecurity zones apply under the Biosecurity Act 2014.

For further information contact the relevant Queensland State Government department on 13 QGOV.

 
As indicated
 
13)   Flood Resilience and Awareness

This advice is provided for buildings that are on sites that are subject to the flood overlay, as shown within City Plan 2014.

Council makes decisions to minimise flood risk based on the best information available at the time of the development application. Flood studies and applicable flood levels may be updated by Council overtime where new flood information is available or changes to engineering standards/methodology have occurred. Flood levels for various flood events and flooding types are outlined in Councils Floodwise Property Reports available from Councils website.

The minimum flood planning levels that apply to new development do not necessarily mean that the development will never flood. Therefore, when choosing materials for building on sites that are known to be affected by flooding, regardless of whether it is constructed to the minimum flood planning level, it is recommended that flood resilient materials are used to improve the speed of recovery and reduce the cost of repairs if required.

For more information refer to:

Council's website at https://www.brisbane.qld.gov.au/community-support- and-safety/natural-disasters-and-emergencies/flooding-in-brisbane/flood- resilient-design-and-building-requirements-

Queensland Reconstruction Authority "Flood Resilient Building Guidance for Queensland Homes"https://www.qra.qld.gov.au/resilient-homes/flood- resilient-building-guidance-queensland-homes

 
As indicated
 



Permit to Which These Conditions Relate: DA - PA - Material Change of Use
Activity(ies): Heritage Place (QHP)
multiple dwelling
Stage: Stage 1 - Multiple Dwelling (50 units) on a Queensland Heritage Place

General/Planning Requirements
 
Timing
14)   Information Signage

Erect an information sign on the subject property in accordance with Council's general requirements for signage and in accordance with the requirements outlined below:
a)  The sign should provide a brief description of the development proposed;
b)  The sign is to list the name, postal and/or email address and a contact telephone number for the following parties (where relevant) that are undertaking work on the site:
     -  Developer;
     -   Project Coordinator;
     -  Architect/Building Designer;
     -  Builder;
     -  Civil Engineer;
     -   Civil Contractor/s; and
     -  Landscape Architect;
c)  The lettering on the sign is to be at least 25 millimetres in height, be of regular weight and in sentence case;
d)  The sign is to be a minimum size of 1,200 millimetres by 900 millimetres;
e)  The maximum area of the sign is to be 2.0m2;
f)  The sign is to be positioned as follows:
     -  located centrally along each road frontage of the site to Thorn and Castlebar Streets;
     -  located on or within 1.5 metres of the road frontage;
     -  mounted at least 300 millimetres above ground level; and
     -  clearly visible from the street for a pedestrian;
g)  The sign is to contain no commercial or corporate advertising other than the name, logo or slogan of the parties outlined in part (b) of this condition;
h)  The sign is to be non-illuminated; and
i)   Both the sign and the supporting structure are to be made of weatherproof material and to be properly maintained at all times;

Timing: Prior to site works commencing and then to be maintained until completion of the development for all stages.

 
As indicated
 
15)   Commencement of Use

Use for the development authorised by this Material Change of Use component (Stage 1 multiple dwelling) shall not commence until all works required under Council approval A006786527, including but not limited to, the replanting of Weeping Fig Tree and 23 x 100L tree replanting, have been undertaken.

Note: This condition has been imposed to ensure the replanting required under Council approval (Council reference: A006786527) is undertaken.

 
As indicated
 
16)   Car Parking

The car parking within the premises must be maintained exclusively for the ancillary use of the development. The parking must not be made available to the general public and there must not be signage erected on or in the vicinity of the site advertising the availability of car parking to the general public.

 
At all times
 
17)   Maintain the Approved Development

Maintain the approved development in accordance with the approved DRAWINGS AND DOCUMENTS, and any other relevant Council approval required by the conditions.

 
At all times
 
18)   Approved Drawings and Documents

A legible copy of the Council approved DRAWINGS AND DOCUMENTS and the Development Approval Package must be maintained on site and kept available for inspection by site workers and Council officers.

Note: This condition is imposed to ensure compliance with the conditions of development approval.

 
While site/operational/building work is occurring
 
19)   Carry Out the Approved Development

Carry out the approved development in accordance with the approved DRAWINGS AND DOCUMENTS.

Note: This approval does not imply permission to enter neighbouring properties to carry out the construction (including, but not limited to, associated drainage and earthworks).  Permission to enter neighbouring properties must be obtained from the relevant property owners.

 
While site/operational/building work is occurring
 
20)   Complete All Operational Work

Complete all operational work associated with this development approval, including work required by any of the conditions included in the Development Approval Package. Such operational work must be carried out in accordance with the approved DRAWINGS AND DOCUMENTS or, if requiring a further approval from the Council, in accordance with the relevant further approval(s).

NOTE: This approval does not constitute permission to enter neighbouring properties to carry out the construction (including associated drainage and earthworks) or maintenance activities. Permission to enter neighbouring properties must be obtained from relevant property owners.

 
While site/operational/building work is occurring
 
21)   Erect Screen Fence

Erect a screen fence along part of the south-western and south-eastern boundaries of the site as shown on the approved DRAWINGS AND DOCUMENTS, as amended in red.

The screen fence must be 1.8 metres in height and be constructed from wood unless otherwise agreed to with the adjoining owner/s i.e. body corporate where applicable.

 
Prior to the commencement of the use or prior to the endorsement of a Community Management Statement, whichever is sooner
 
22)   Complete All Building Work

Complete all building work associated with this development approval, including work required by any of the conditions included in the Development Approval Package. Such building work must be carried out in accordance with the approved DRAWINGS AND DOCUMENTS.

Note: Building work must also be completed in accordance with any other current development approval.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
23)   Security Lighting

Install and maintain a suitable system of security lighting to operate from dusk to dawn within all areas where the public may gain access, including car parking areas, building entrances and vegetated areas

Ensure that all external lighting is in accordance with Australian Standard - AS4282- Control of the Obtrusive Effects of Outdoor Lighting so as not to cause nuisance to nearby residents or passing motorists.

Ensure lighting over publicly accessible pathways covered by permanent awnings is in accordance with Australian Standard - AS/NZS 1158.3.1 Lighting for roads and public spaces - Pedestrian area (Category P) lighting - Performance and design requirements.

Lighting must be maintained by the owner of the building in a safe and good working order.

 
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
24)   Visitor Parking

Visitor car parking spaces must:
-  Be clearly labelled as 'Visitor Parking';
-  Remain unimpeded by landscaping, water tanks, storage (temporary or otherwise), gates or any other fitting, fixture or structure; and
-  Provide 24 hour unrestricted access for all bona fide visitors to the whole site.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
25)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
26)   Limitation of Use

The guest house identified on the APPROVED DRAWING Tower - Lower Ground Plan Drawing A0990 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026, must only be used in association with the approved Multiple dwelling use on the site. The guest house:

- Must not be used as a separate dwelling unit for income generation, rental, or sale.

- Must not be subject to separate titling or subdivision under any circumstances.

- May only be used by residents of the approved multiple dwelling and their guests.

- Must not include separate metering, kitchen facilities, or other features that would enable independent occupation.

- All use of the guest house must comply with the approved plans and conditions of this development approval.

- Any Community Management Statement (CMS) or Body Corporate by-laws must expressly reflect and enforce these requirements, ensuring the guest house cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use.

The guest house northern riverhome identified on the APPROVED DRAWING Northern River Home Level 1 Plan (Site LG) drawing A1501 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026, must only be used in association with the approved Multiple dwelling use on the site. The guest house:

- Must not be used as a separate dwelling unit for income generation, rental, or sale.

- Must not be subject to separate titling or subdivision under any circumstances.

- May only be used by residents of the approved northern riverhome and their guests.

- Must not include separate metering or other features that would enable independent occupation

- All use of the guest house must comply with the approved plans and conditions of this development approval.

- Any Community Management Statement (CMS) or Body Corporate by-laws must expressly reflect and enforce these requirements, ensuring the guest house cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use.

The staff quarters southern riverhome identified on the APPROVED DRAWING Southern River Home Ground Floor Plan (Site B2) drawing A1400 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026, and APPROVED DRAWING Southern River Home Upper Ground Floor Plan (Site B1) drawing A1401 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026, must only be used in association with the approved Multiple dwelling use on the site. The guest house:

- Must not be used as a separate dwelling unit for income generation, rental, or sale.

- Must not be subject to separate titling or subdivision under any circumstances.

- May only be used by residents of the approved southern riverhome and their guests.

- Must not include separate metering or other features that would enable independent occupation

- All use of the guest house must comply with the approved plans and conditions of this development approval.

- Any Community Management Statement (CMS) or Body Corporate by-laws must expressly reflect and enforce these requirements, ensuring the guest house cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use.

 
At all times
 
27)   Community Management Statement

Any Community Management Statement must include the following detail:

a. The area between the communal swimming pool and the river must be maintained as a grassed lawn and kept free from development;

Advice note: The intent of this condition is to ensure the lawn area is kept free of permanent structures.

b. The service/loading bay and associated manoeuvring areas are to be maintained free of obstacles and obstructions;

c. All balconies/verandahs/terraces must remain unenclosed with no shutters, glazing, louvres or similar permanent fixtures (excluding screening required by the development approval or shown on the APPROVED DRAWINGS AND DOCUMENTS);

d. The guest house (refer APPROVED DRAWING Tower - Lower Ground Plan drawing A0990 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026) cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use;

e. The guest house northern riverhome (refer APPROVED DRAWING Northern River Home Level 1 Plan (Site LG) drawing A1501 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026) cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use;

f. The staff quarters (refer APPROVED DRAWING Southern River Home Ground Floor Plan (Site B2) drawing A1400 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026, and APPROVED DRAWING Southern River Home Upper Ground Floor Plan (Site B1) drawing A1401 Issue C, received 19-MAR-2025 as Amended in Red 21-MAY-2026) cannot be sold, leased, or otherwise used independently of the approved multiple dwelling use; and

g. The common property is subject to any ongoing development responsibilities under the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026.

 
Prior to the commencement of the use and then to be maintained
 
Architecture
 
Timing
28)   Final External Detailing of Building

Construct the development in accordance with architectural drawings approved pursuant to this condition. The architectural drawings must be in accordance with the APPROVED DRAWINGS AND DOCUMENTS, relevant Brisbane Planning Scheme Codes and the requirements of this condition.

 
To be maintained
28(a) Submit Architectural Drawings

Submit to, and obtain approval from, Development Services architectural drawings prepared and certified by a Registered Architect or Queensland Building Construction Commission Open Licence Class Building Designer showing the final developed details of the facade treatment, the ground interface and the roof top/building capping elements which depict a higher level of documentation detail than that shown on the APPROVED DRAWINGS AND DOCUMENTS, including:
- Elevation and facade treatment drawings for all ground, podium and typical tower floor levels that demonstrate the final design outcome for all elevations of the built form including:
- Detailed plans, sections and elevations at 1:50 or 1:20 scale for elements at the facade including structural elements and fixed and operable elements such as balustrades, screens, doors, windows, projecting fins and planter beds/trellises
- All servicing and infrastructure, including but not limited to, padmount transformers, pump rooms, fire hydrant boosters etc.
- Roof top or building capping elements, awnings and soffits
- One rendered perspective showing the intended finished built form

The architectural drawings must:
- include dimensions for the extent of projecting elements, balustrade height and door and window/glazing configurations
- nominate materials, colours and finishes
- have title blocks and be cross referenced to larger scaled drawings.

Timing: Prior to new building works commencing above ground (works associated with the partial demolition or basement can occur prior to the submission of (a)).

 
As indicated
28(b) Pre-Start Meeting

Arrange and attend a pre-start meeting with Development Services.

Applicable compliance and inspection fees must be paid to Council, in full, prior to the meeting being held.

Note: To arrange a pre- start meeting with Development Services an email must be sent to dalodgement@brisbane.qld.gov.au.

Timing: Prior to any work commencing to comply with this condition.

 
As indicated
28(c) Implement Approved Architectural Drawings

Carry out the building work in accordance with the approved architectural drawings.

Note: The requirement to use particular materials and finishes is imposed only for the purpose of achieving a built form outcome that displays architectural merit. Council has not assessed the materials and finishes for compliance with the Building Act, the Building Fire Safety Regulation, the Building Regulation, the Building Code of Australia, the Queensland Development Code, relevant Australian Standards, fire safety standards or any other relevant requirement of a statutory authority with regard to building work.

Timing: While building work is occurring and then to be maintained.

 
As indicated
28(d) Submit Certification

Submit to Development Services certification by a Registered Architect or Queensland Building Construction Commission Open Licence Class Building Designer confirming that the building has been constructed in accordance with the approved architectural drawings.

Timing: Prior to the Final Certificate/Certificate of Occupancy or commencement of the use, whichever comes first.

 
As indicated
 
29)   Overall Height

The overall height of the building(s) must be in accordance with the floor and roof levels and overall height shown on the APPROVED DRAWINGS AND DOCUMENTS.

NOTE: This condition should be read in conjunction with any other relevant condition requiring minimum height clearances for basement or undercover car parking and manoeuvring areas.

 
While site/operational/building work is occurring and then to be maintained
29(a) Submit Certification

Submit to Development Services certification from a Registered Surveyor (Qld) confirming that the 'as constructed' floor and roof levels and overall height are in accordance with the requirements of this condition.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
30)   Heritage Place - Best Practice Standards

Carry out and maintain all works to the existing heritage place in accordance with heritage best practice and The Burra Charter (Australia ICOMOS Charter for Places of Cultural Significance).

Timing: Prior to and during site/operational/building work and ongoing.

PROOF OF FULFILMENT
Submit to Development Services certification from a Registered Professional Engineer Queensland (Structural) that all surface treatments and heritage fabric on the subject site and the heritage fabric on immediately adjoining sites have not been detrimentally affected by the works.

 
As indicated
 
31)   Light Reflectivity and Solar (Heat) Reflectivity

Submit to Development Services documentary evidence that the level of light reflectivity from the glazing incorporated in the approved development does not exceed 20%.

Timing: Prior to building work above ground level commencing.

 
As indicated
31(a) Install Glazing

Install and maintain glazing in accordance with the above specification.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained.

 
As indicated
 
32)   Wind Study

Implement and maintain the findings and recommendations of the APPROVED Pedestrian Wind Study prepared by RWDI Australia Pty Ltd and received 18-NOV- 2024.

 
While site/operational/building work is occurring and then to be maintained
32(a) Submit Certification

Submit to Development Services certification by a Professional Engineer (registered in Australia and qualified in wind engineering) confirming that the findings and recommendations of the above 'Wind Study Report' have been implemented in accordance with the requirements of this condition.

Timing: Prior to the commencement of the use.

 
While site/operational/building work is occurring and then to be maintained
 
33)   Driveway Material and Finishes

Provide materials and finishes to the driveway and external carparking surfaces that reduce the visual impact of these areas when viewed from the street and provide a different material to the pedestrian pathways. One or a combination of the following must be used:

-  Coloured aggregate; or

-  Concrete pavers; and

-  Banding and patterns in the surface design.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
34)   Provide Pedestrian Prioritised Pathway

Provide a pedestrian prioritised pathway from the street frontage to the lobby entry for the tower component and front doors of the river homes component. The pathway must be differentiated in colour and texture from the driveway surface.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
35)   Balconies/Verandahs/Terraces

All balconies/verandahs/terraces must remain unenclosed with no shutters, glazing, louvres or similar permanent fixtures (excluding screening required by the development approval or shown on the APPROVED DRAWINGS AND DOCUMENTS).

Note: Any Community Management Statement that may apply to this approval must contain a by-law which reflects the requirements of this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
36)   Screen Air Conditioning and Other Plant Enclosures

Install and maintain suitable screening to all air conditioning units, lift motor rooms, hot water systems plant and service facilities where externally visible or located on top of the building including where visible and/or located within private open space areas, communal open space areas, adjoining properties or public land. The screening structures must be constructed from durable materials that are consistent with materials used elsewhere on the facade of the building.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
37)   Sun Shading Devices

Provide sun shading in accordance with the approved DRAWINGS AND DOCUMENTS.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
38)   Screening

Provide suitable privacy screening to windows of habitable rooms, balconies, landings, terraces and decks of the proposed dwelling(s) in accordance with the approved DRAWINGS AND DOCUMENTS.

Suitable screening options must be:

For windows:
-  Sill heights of 1.5m above floor level; or
-   Fixed obscure glazing in any part of the window below 1.5m above floor level; or
-  Fixed external screens to any part of the window below 1.5m above floor level, or

For balconies, landings, terraces and decks:
-  Fixed screening from floor level to a height of 1.5m above floor level as shown on the approved DRAWINGS AND DOCUMENTS.

Note: Screening devices must be either solid translucent screens, perforated or slatted panels, or fixed louvres that are permanent, be durable and fixed. Screening devices must have a maximum of 25% openings, with a maximum opening of 50mm.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
39)   Provide Detailed and Textured Model

Submit to Virtual Brisbane, a digital model for inclusion into the Brisbane City Council Virtual Brisbane 3D model. This must be a high quality, detailed and textured 3D exterior model of the approved development at a standard which can be publicly viewable. This must be of a compatible file format, include property boundaries and show heights in Australian Height Datum (AHD). For information on the submission and a complete list of requirements' visit: www.brisbane.qld.gov.au/virtualbrisbane3Drequirements

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate

 
As indicated
 
Landscape Architecture and Open Space Planning
 
Timing
40)   Land for Community Purposes Network - Park (Trunk)

Transfer to Council in fee simple on trust for the community purpose of park and other ancillary public purposes (including essential services) as determined by Council including but not limited to drainage and sewer, the land shown on the APPROVED DRAWING Land Contribution plan (reference: DRAWING 1), dated 21 May 2026 as Amended in Red 21 May 2026 and in accordance with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026 for the Community Purposes Network (Park) which forms part of LGIP ID: KAN-A8-003 in the Local Government Infrastructure Plan.

Note: This condition is imposed under section 128(1) of the Planning Act 2016.

Timing: Prior to the earlier of the following:

- Commencement of use; or

- The approval by the Council of a plan of subdivision for the development.

 
As indicated
40(a) Submit Plan of Subdivision

Submit to, and obtain approval from, Development Services, a plan of subdivision showing the land to be transferred for the Community Purposes Network (Park) and other ancillary public purposes (including essential services) as determined by Council to demonstrate compliance with the requirement of this condition.

Timing: Prior to submission of the request for compliance assessment pursuant to Schedule 18 of the Planning Regulation 2017 for Council's notation on the plan of subdivision necessary to comply with this condition.

 
As indicated
40(b) Request Preparation of Transfer Documentation

Submit a request for Council to prepare the necessary transfer documentation to demonstrate compliance with the requirements of this condition.

Note: Land to be transferred to the Brisbane City Council must have the necessary transfer documentation prepared by the Brisbane City Council, free of cost to Council.

Timing: Prior to submission of the request for compliance assessment pursuant to Schedule 18 of the Planning Regulation 2017 for Council's notation on the plan of subdivision necessary to comply with this condition.

 
As indicated
40(c) Lodge Notated Plan and Documentation

Lodge the plan of subdivision notated by Council pursuant to Schedule 18 of the Planning Regulation 2017 and the necessary transfer documentation prepared by Council with the Registrar of Titles for the relevant Queensland State Government Authority.

Timing: Prior to commencement of use.

PROOF OF FULFILMENT
Submit to Development Services, evidence of the registration of the necessary transfer documentation. Timing: Within one month of the registration of the transfer documentation.

 
As indicated
 
41)   Retain and Protect Existing Street Tree(s)

Identify, retain and protect the existing street trees on the Castlebar Street and Thorn Street frontages of the site unless otherwise agreed in writing with Program Planning and Integration.

Note: Street trees are protected under the Natural Assets Local Law. Street trees must not be removed or pruned without prior approval from Program Planning and Integration.

Note: Where driveway crossovers occur within the Tree Protection Zone (TPZ) of existing street trees, seek approval from the Arboricultural Team in Program Planning and Integration, City Standards for the final driveway crossover design and construction methodology to ensure the successful retention of the existing street tree(s)

PROOF OF FULFILMENT
Contextual photographic evidence that the tree has been retained in equal or greater health than before development commenced. OR, evidence in writing from Asset Services Arboriculture that an alternative arrangement has been made. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
At all times
41(a) Implement Protection Measures

Install tree protection measures in accordance with Australian Standard - AS4970 Retention of Trees on Development Site.

There must be no excavation, filling or storage of materials or plant within the drip line of the tree(s).

Where works are within the canopy drip line of existing street trees, contact Program Planning and Integration Regional Coordinator Arboriculture in relation to the required provision of protection measures.

Note: If fencing is to protect street trees, a permit to temporarily occupy the footway will be required from Compliance and Regulatory Services.

Timing: Prior to site/operational/building work occurring.

PROOF OF FULFILMENT
Contextual photographic evidence to demonstrate the installation of protection measures prior to building works commencing. Timing: Prior to site / operational / building work occurring.

 
As indicated
41(b) Maintain Protection Measures

Maintain protection measures while development is occurring and remove protection measures prior to commencement of the use.

Timing: While to site/operational/building work is occurring.

 
As indicated
 
42)   Streetscape Works - Neighbourhood Street Major

Carry out streetscape improvement works (Thorn Street frontage only) including concrete path, turf and street trees to the verge to a Neighbourhood Street Major standard in accordance with the relevant Brisbane Planning Scheme Codes, Brisbane Standard Drawings (BSD), the requirements of this condition and the Infrastructure Design Planning Scheme Policy including sections 3.7.4.4 and 3.7.5.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
42(a) Concrete Path

Install a 1.8m wide broom finished standard Portland grey concrete path.

The edge of the path is to be setback 1300mm from the back of kerb. Where the path cannot be installed on this alignment due to conflicts such as street trees, or power poles, ensure the path is installed a minimum distance of:
-  1300mm from the back of kerb
-  500mm from the property boundary
-  600mm from the edge of the conflict

If the above requirements cannot be achieved, contact the Landscape Architecture Team via email: specialistservices@brisbane.qld.gov.au.

Transition to existing paths on verges that adjoin the development. The transition is to occur fronting the adjoining developments, not the subject site.

Note: standard path alignments are shown on Brisbane Standard Drawing BSD-5201 sheet 2 but will vary depending on verge width and location.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
Photographic evidence of concrete path. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
42(b) Submit As-Constructed Drawings

Submit to Development Services As Constructed plans including an asset register, checked by a Registered Professional Engineer Queensland, certifying that the concrete path works have been completed in accordance with relevant Brisbane Planning Scheme Codes/Policies.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
As constructed drawings signed by an RPEQ. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
42(c) Turf

Install turf to the full width of the verge excluding any concrete path required by this condition.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
Photographic evidence of installed turf. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
42(d) Street Tree(s)

Enter into and implement an arrangement with the Program Planning and Integration Regional Coordinator Arboriculture in relation to the required provision of the street tree planting in accordance with the above sections of the Infrastructure Design Planning Scheme Policy, including the number, species, location, installation and maintenance of the required street tree(s) as determined by Program Planning and Integration. Provide to Development Assessment a copy of the agreement signed by Program Planning and Integration.

Note: Street trees should not be planted until all utilities have been installed.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
A copy of the agreement with Program Planning and Integration and/or photographic evidence of installed trees. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
43)   Retain Existing Tree(s)

Retain, protect and maintain the existing trees shown as being retained on the APPROVED DRAWINGS AND DOCUMENTS, including the existing development approval A006786527, all relevant Brisbane Planning Scheme Codes and in accordance with Australian Standard - AS4970 Protection Of Trees On Development Sites.

Note: All conditions forming part of A006786527 in relation to the tree planting remain relevant unless otherwise amended by this approval or SARA response attached to the decision.

PROOF OF FULFILMENT
Contextual photographic evidence that the tree(s) has been retained in equal or greater health than before development commenced. Timing: While site/operational/building work is occurring.

 
While site/operational/building work is occurring
43(a) Implement Protection Measures - On-site Trees

Implement protection measures including the erection of a temporary fence around the entire tree protection zone (established pursuant to AS-4970) or as directed by a qualified Arborist. There must be no excavation, filling, storage of materials or plant within the fenced area. Protection fences must be removed prior to the commencement of the use.

Timing: Prior to and while site / operational / building works is occurring.

PROOF OF FULFILMENT
Contextual photographic evidence to demonstrate the installation of protection measures prior to building works commencing.

 
As indicated
43(b) Certification

Submit to Development Services certification from a qualified Arborist (minimum AQF Level 5 in Arboriculture with a minimum of 5 years' experience) certifying that tree protection measures were implemented in accordance with this condition.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
44)   Sequence of Riverwalk Construction

Development for the Riverwalk authorised by this development permit is to be carried out in the following order:

a. Complete the demolition of the existing pontoon, to the satisfaction of Council and in accordance with the prescribed tidal works approval.

Timing: Following the approval of the prescribed tidal works approval.

b. Complete the works for the Riverwalk and revetment wall, including repair, upgrade or replacement, in accordance with the prescribed tidal works approval prior to the transfer of land to Council in fee simple on trust for the community purpose of park and other ancillary public purposes.

The works authorised by this development permit must comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

Advice Note: The private pontoon (Stage 2 – Private pontoon) may be developed concurrently with the Riverwalk and revetment wall (Stage 2 – Revetment works, Riverwalk and demolition of existing pontoon).

 
As indicated
 
45)   Landscape the site - Container planting for rooftop gardens and/or green walls

Landscape the site through the provision of container planting in accordance with the requirements of this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
45(a) Prepare Detailed Container Planting Design for self-certification

Prepare a Detailed Container Planting Design for all container planting identified on the approved DRAWINGS AND DOCUMENTS, including the Approved Document titled Landscape Concept Plan and Details received 19-MAR-2025 as Amended in Red 21-MAY-2026; and Shaftston House Kangaroo Point - The Grounds and Setting Landscape Heritage Assessment received 19-MAR-2025. The plan must be prepared and certified by suitably qualified professionals and must comply with the relevant Brisbane planning scheme codes. In addition to the above, the design must include the following:

- Shade and aspect studies including:

o Sunshade modelling for 9am, noon and 3pm on June 21, September 22 and December 21;

 
As indicated
45(b) Implement certified Detailed Landscape Container Planting Design

Carry out the works in accordance with the above certified Detailed Landscape Container Planting Design.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
45(c) Certify work - Implementation

On completion of the work, submit to Development Services the following:
-  For planter boxes including vegetation supported by trellises and screens, certification by a Qualified Landscape Architect that construction and planting has been carried out in accordance with the conditions of development approval and the approved drawings
-  Certification of irrigation design including irrigation tank size by an Irrigation Association of Australia certified irrigation designer, holding a Diploma of Irrigation
-  Certification by a Registered Professional Engineer Queensland that stormwater drainage and structural design have been provided in accordance with the conditions of development approval
-  As-constructed drawings showing:
  -  The extent and internal dimensions of planter boxes
  -  Planting layout and species.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
45(d) Certify work - establishment period

On completion of the 12-month establishment period, submit to Development Services certification that planting has been established in accordance with the certified Detailed Landscape Container Planting Design.

Timing: 12 months after implementation of the certified Detailed Landscape Container Planting Design.

 
As indicated
45(e) Maintain container planting

Rooftop gardens and Containerised Planters

Maintain the container planting generally in accordance with the certified Detailed Landscape Container Planting Design.

Timing: To be maintained.

 

 
As indicated
 
46)   Landscape the Site - Self Certification

Landscape the site in accordance with the requirements of this condition.

Advice note: The SARA referral agency response (dated 12 September 2025, reference 2412-43793 SRA) includes requirements relating to detailed landscape plans. The requirements of this SARA response are to prevail, to the extent there is any inconsistency between the requirements of this condition and the requirements of the conditions imposed by SARA as part of the referral agency response.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
46(a) Detailed Landscape Plan for Self- Certification

Prepare a Detailed Landscape Plan at a scale of 1:100 for all on-site landscape works including planting areas identified on the approved DRAWINGS AND DOCUMENTS, including the Approved Document titled Landscape Concept Plan and Details received 19-MAR-2025 as Amended in Red 21-MAY-2026; and Shafston House Kangaroo Point - The Grounds and Setting Landscape Heritage Assessment received 19-MAR-2025. The plan must be prepared by a Qualified Landscape Architect and must comply with the relevant Brisbane Planning Scheme Codes.

The plan must include the following:

- Planting media and mulch in accordance with AS4454 Composts, soil conditioners and mulches and AS 4419-2003 Soils for landscaping and garden use.

- Unless otherwise specified, trees provided as 45 litre stock or larger, staked and tied, and complying with Australian Standards.

- Plant selection and densities to achieve full surface coverage of garden beds within 2 years of planting.

- A reticulated drip irrigation system to all planting areas, with drainage connected to the stormwater system; the irrigation system must be connected to a non-mains water source.

- Trees required to be retained are documented, integrated into landscape design, and protected in accordance with the relevant sections of Australian Standard AS4970 Protection of trees on development sites.

- Details of a 12 week establishment period.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
46(b) Multiple Unit Dwelling

In addition to the requirements listed above, the plan must include the following:
-  Deep planting areas as shown on the approved drawings planted with trees capable of growing to a minimum canopy diameter of 5m and a minimum height of 5m within 5 years of planting noting that this is a minimum requirement and trees are expected to grow beyond these measurements.
-  Columnar canopy form or screening tree/shrub species planted at suitable spacings alongside and rear boundaries in planting areas shown on the approved drawings.
-  Shade and/or round canopy trees planted at suitable spacings along front boundaries in planting areas shown on the approved drawings.
-  Shade and/or round canopy trees in car parking areas in planting areas shown on the approved drawings.
-  Containerised planters with minimum internal depths and widths sufficient to support healthy plant growth, with the following dimensions or other dimensions if achieving the same soil volume; trees - 1200m width x depth, large shrubs and palms - 800mm width x depth, small shrubs and groundcovers - 600mm width x depth.
-   One hose cock within any private landscape and recreation area.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
46(c) Certify Detailed Landscape Plan

On completion of the Detailed Landscape Plan, submit to Development Services:
-  Brisbane City Council Form CC10616 - Landscape Design Certificate prepared by a Qualified Landscape Architect to certify that the Detailed Landscape Plan complies with the requirements of this condition
-   A copy of the certified Detailed Landscape Plan.

Timing: Prior to building work commencing.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to building work commencing.

 
As indicated
46(d) Implement Certified Detailed Landscape Plan

Carry out the landscape work in accordance with the above certified detailed Landscape Plan.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
46(e) Certify Work

On completion of the landscape work, submit to Development Services:
-  Brisbane City Council Form CC10613 - Landscape Works Certificate prepared by a Qualified Landscape Architect or licensed Landscape Contractor to certify the completed landscape work complies with the certified Detailed Landscape Plan
-  A copy of the as-constructed certified Detailed Landscape Plan.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
An as constructed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
46(f) Maintain Landscape Work

Maintain the landscape work, including deep planting provided in this application and existing development approval (Council reference: A006786527), in accordance with the certified Detailed Landscape Plan.

Timing: To be maintained.

 
As indicated
 
Pollution
 
Timing
47)   Mechanical Plant or Equipment - Acoustically Screened

Mechanical plant or equipment is to be acoustically screened from an adjoining sensitive use. Mechanical plant includes generators, motors, compressors and pumps such as air-conditioning, refrigeration and cold room motors. Acoustically screened is defined in City Plan 2014.

NOTE: This condition does not authorise environmental nuisance under the Environmental Protection Act 1994.

PROOF OF FULFILMENT
Submit to Development Services, certification that all mechanical plant or equipment, is acoustically screened. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
48)   Acid Sulfate Soils - Management Plan

Acid Sulfate Soils must be managed in accordance with this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
48(a) Implement Management Plan

Implement and maintain the recommendations of the Report of Geotechnical Investigation, reference 97616.00 R.002.Rev 1, received 25 January 2022.

Timing: Prior to building work commencing.

 
As indicated
 
49)   Acoustic Fence - General

Erect a 2 metre high acoustic fence, (relative to the finished RL of the building pad) along part of the south-western boundary. The acoustic fence must:
- Be constructed of a material with a minimum surface area density of 12.5kg/m2;
- Be constructed of an aesthetically pleasing weather-resistant material such as earth mound, fibre cement, painted or treated timber, brick, concrete or a combination thereof;
- Have returns at any opening or provide some other means of blocking line of site from source to receiver such that the effectiveness of the fence is not reduced;
- Be continuous and gap free.

Advice note: Please note that this condition prevails to the extent of any inconsistency with Condition 21.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
49(a) Certification

Submit to Development Services certification from a person who is a Member or eligible to be a Member of the Australian Acoustic Society that the constructed acoustic fence complies with the above requirements.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
50)   Dampening of Grilles and Metal Plates

All metal grilles, metal plates or similar located within vehicle parking and manoeuvring areas must be securely fastened and meet the requirements of AS3996:2019, Access covers and grates.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
51)   Tyre Noise Reduction

The driveways and carpark surfaces are to be appropriately treated/surfaced to reduce tyre noise impacts from the development.

PROOF OF FULFILMENT
Provide Certification that appropriate treatments/surfacing has been provided to the driveways and carpark areas to reduce tyre noise impact from the development. Certification must be provided by a Member or professional eligible to be a Member of the Australian Acoustic Society. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 
52)   Stormwater Quality (Implement Management Plan)

Manage stormwater quality in accordance with this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
52(a) Implement Management Plan

Implement the Approved Document titled Site Based Stormwater Management Plan with reference B23202-REP-CIV-0001 Revision B (consisting of 2 OceanGuards, a 7 cartridge StormFilter with Psorb and WaterUps irrigation channels), received 18-NOV-2024.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
52(b) Certification

Submit to Development Services certification from a relevant professional that all treatments and measures recommended in the Approved Document titled Site Based Stormwater Management Plan with reference B23202-REP-CIV-0001 Revision B (consisting of 2 OceanGuards, a 7 cartridge StormFilter with Psorb and WaterUps irrigation channels), received 18-NOV-2024 have been implemented.

A copy of the as-constructed site based stormwater quality measures must accompany the Certification.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
52(c) Maintain Management Plan

Maintain the site in accordance with the Approved Document titled Site Based Stormwater Management Plan with reference B23202-REP-CIV-0001 Revision B (consisting of 2 OceanGuards, a 7 cartridge StormFilter with Psorb and WaterUps irrigation channels), received 18-NOV-2024.

 
As indicated
 
Engineering
 
Timing
53)   Grant Easements

Grant the following easement(s):

i. Underground drainage and access purposes in favour of Brisbane City Council.

ii. Utility Services to Riverwalk, including water, electricity and telecommunications in favour of Brisbane City Council.

iii. Maintenance access to Riverwalk and associated services, to be a minimum 2m width and accessible at all times, in favour of Brisbane City Council.

The alignment of all easements is to be certified by a qualified Arborist (minimum AQF Level 5 in Arboriculture with a minimum of 5 years experience), to ensure that the alignment of the easement/s will enable retention of vegetation as per the APPROVED DRAWINGS AND DOCUMENTS.

Note: These easements include the provision for Council to obtain access.

Timing: Prior to commencement of use and then to be maintained.

iv. If necessary, a volumetric easement for services and an access easement to the proposed private pontoon.

Timing: Prior to submission of Plan of Subdivision to Council for dedication of land for park required by part (a) of Condition 40 ‘Land for Community Purposes Network – Park (Trunk)’.

 
As indicated
53(a) Submit Plan of Subdivision and Documentation (Council Easement in Gross)

Submit to, and obtain approval from, Development Services a plan of subdivision showing the easement and a request for Council to prepare the necessary easement documentation to demonstrate compliance with the requirements of this condition.

Note: Easements in favour of the Brisbane City Council must have the necessary easement documentation prepared by the Brisbane City Council, free of cost to Council.

Timing: Prior to submission of the request pursuant to Schedule 18 of the Planning Regulation 2017 for Council's notation on the plan of subdivision necessary to comply with this condition.

 
As indicated
53(b) Submit Plan of Subdivision and Documentation (Other Easement)

Submit to, and obtain approval from, Development Services, a plan of subdivision showing the easement and the necessary easement documentation to demonstrate compliance with the requirements of this condition.

Note: Easements not in favour of the Brisbane City Council must have the necessary documentation prepared by the applicant's private solicitors.

Timing: As part of the submission of the request pursuant to Schedule 18 of the Planning Regulation 2017 for Council's notation on the plan of subdivision necessary to comply with this condition.

 
As indicated
53(c) Lodge Notated Plan and Documentation

Lodge the plan of subdivision notated by Council pursuant to Schedule 18 of the Planning Regulation 2017 and the necessary easement documentation with the Registrar of Titles for the relevant Queensland State Government Authority.

Timing: Prior to commencement of use.

PROOF OF FULFILMENT
Evidence of the registration of the necessary easement documentation. Timing: Within one month of the registration of the easement documentation.

 
As indicated
53(d) Certification

Submit to Development Services certification by a qualified Arborist (minimum AQF Level 5 in Arboriculture with a minimum of 5 years experience), certifying that the alignment of the easement/s will enable retention of vegetation as per the APPROVED DRAWINGS AND DOCUMENTS.

Timing: Prior to submission of the request pursuant to Schedule 18 of the Planning Regulation 2017 for Council’s notation on the plan of subdivision necessary to comply with this condition.

 
As indicated
 
54)   On-site Erosion (Medium Risk)

Manage on-site erosion and the release of sediment or sediment laden water from the site at all times by implementing best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version).

Timing: Prior to commencement of any land disturbing activities and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
54(a) Manage earth disturbance on- site

(i)  Drainage control measures must be implemented and maintained to minimise water flow onto areas of exposed earth.

(ii)  Sediment and erosion control measures must be implemented and maintained to prevent soil loss from earth disturbance areas and prevent deposition beyond earth disturbance areas.

(iii)  No release of contaminants to land beyond on-site area of earth disturbance other than releases that achieve water pollutant concentration release limits of:

  A. 50mg/L TSS (Total Suspended Solids);

  B. Turbidity, Nephelometric Turbidity Units (NTU) value less than 10% above background, 75 NTU, or as agreed in writing by an Officer from Councils Erosion and Sediment Control (ESC) Team in Compliance and Regulatory Services;

  C. pH between 6.5 and 8.5 at all times.

(iv)  Maintain a written record to demonstrate that water discharges from the site, including any dewatering operations, meet the release limits as detailed in (iii) for water discharge(s) from the site that occur during or immediately after a rainfall event, and during normal business hours. The water quality of the discharge flows must be measured at each discharge point from the site, including but not limited to sediment basin outlets, other applicable sediment control devices, the site water drainage system, and recorded against the release limits at least once on each calendar day until such discharge stops.

Timing: Prior to commencement of any earth disturbing activities and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
54(b) Provide Land Occupier Notification to Council

(i) Notify Council's ESC Team of proposed land occupier/s by sending an email to CARS-ESC@Brisbane.qld.gov.au

(ii) If the land is to be occupied by any person other than the registered landowner then advice must be provided to Council that confirms the name, contact information and the duration of any proposed occupation of the land.

Timing: Prior to commencement of any earth disturbing activities.

 
As indicated
54(c) Prepare Erosion and Sediment Control Plan

Prepare an Erosion and Sediment Control Plan (ESCP) in accordance with best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version) and, to the extent of any inconsistency, relevant Brisbane Planning Scheme Codes and Policies.

Obtain a design certificate in accordance with the relevant Brisbane Planning Scheme Codes and Policies.

The ESCP and design certificate must be certified by a Certified Professional in Erosion and Sediment Control (CPESC) or a Registered Professional Engineer Qld (RPEQ) with suitable qualifications and experience in erosion and sediment control.

Documentary evidence demonstrating appropriate qualifications in erosion and sediment control must be provided to the Council upon request.

Timing: Prior to the commencement of any earth disturbing activities.

 
As indicated
54(d) Attend a pre-start meeting

Arrange and attend a pre-start meeting for ESC with an Officer from Councils ESC Team in Compliance and Regulatory Services (CARS).

Note: To request a pre-start meeting from Council's ESC Team send an email to CARS-ESC@Brisbane.qld.gov.au. All relevant documentation, including both the certified ESCP and the certified design certificate, must be attached to this email.

Please allow up to 10 business days for your request to be processed.

Timing: Attend the pre- start meeting prior to the commencement of any earth disturbing activities.

 
As indicated
54(e) Implement Certified Erosion and Sediment Control Plan

Implement the certified ESCP and maintain all ESC measures in accordance with best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version) and, to the extent of any inconsistency, relevant Brisbane Planning Scheme Codes and Policies.

The ESCP and design certificate must be available on site at all times for inspection by Council officers. Any alteration to supplementary or Type 3 ESC measures must be reflected in the certified ESCP. Any alteration to Type 2 or Type 1 ESC measures will require a revised ESCP and design certificate that has been certified by either the CPESC or RPEQ.

Timing: While earth disturbing activities are occurring and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
 
55)   Maintenance Period for Engineering Work

Maintain the work required by the Engineering Condition(s) imposed on this development approval, including works required for the Riverwalk and revetment wall, and rectify any defects in accordance with the requirements detailed in this condition and in accordance with the infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026.

Note: Guidance for requesting a pre-start and co-ordinating the On/Off Maintenance process can be found on Council's website (https://www.brisbane.qld.gov.au/planning-and-building/applying-and-post- approval/on-and-off-maintenance-approvals).

Timing: During the on-maintenance period.

 
As indicated
55(a) On-Maintenance Acceptance

Arrange an on- maintenance inspection with Development Services and obtain written confirmation from Council that the work has been completed in accordance with the requirements of the condition and is accepted on-maintenance.

Provide proof of Public Liability Insurance ($20 million) for the on- maintenance period.

Lodge a maintenance security for the on-maintenance period. The security must be calculated as 5% of the value of the constructed work or $10,000.00, whichever is greater.

Note: A maintenance security may consist of either a bank guarantee or monetary payment lodged with Council. Refer to Council's Infrastructure Installation and Construction Requirements Manual for further details about the on-maintenance procedure and requirements.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
55(b) On-Maintenance Period

Provide a minimum 12 months maintenance to the work from the time the work is accepted on- maintenance by Council. During this period maintain the work and rectify any defects identified at the on-maintenance inspection and those arising during the on-maintenance period.

Note: The on-maintenance period may be extended by Council pending concerns and/or unsatisfactory performance during the maintenance period.

Timing: A minimum 12 months from acceptance on-maintenance.

 
As indicated
55(c) Off-Maintenance Acceptance

On completion of the maintenance period arrange an off-maintenance inspection with Development Services and obtain written confirmation from Council that the work is accepted off-maintenance.

Ensure all defects are rectified prior to making an appointment for off- maintenance Inspection.

Note: If the inspection is successful the maintenance security will be released.

Timing: On completion of the on-maintenance period.

 
As indicated
 
56)   Engineering Pre-Start Meeting

Arrange and attend a pre-start meeting with Development Services and Program Planning and Integration.

Applicable compliance and inspection fees must be paid, in full, to Council prior to the meeting being held.

Note: To arrange an engineering pre-start meeting with Development Services an email supported by a completed copy of the Pre-Start Meeting Guidelines - Civil Engineering Works kit (https://www.brisbane.qld.gov.au/sites/default/files/20191008-cc11207-pre- start-meeting-guidelines-civil-engineering-works.pdf) must be sent to dalodgement@brisbane.qld.gov.au.

Details include (but are not limited too) the following:
-  Site address, Development Approval number (A00) and relevant stage/s (if appropriate);
-  List all Development Approval conditions requiring compliance prior to site/operational/building work commencing and demonstrate compliance with those conditions;
-  Payee details (Name and address) for the issue of a development 'Compliance and Inspection Fee' quote;
-  Superintendent (Consultant) name, address and telephone number (including after-hours contact);
-  Contractor/s and major Sub-Contractor/s, name, address and telephone number (including after-hours contact);
-  Intended date of commencement of works.

Note:
-  All operational works/compliance assessment applications are to be approved prior to requesting the pre-start meeting.
-  A minimum 5 working days' notice is required.
-  Compliance and Inspection fee to be paid prior to undertaking pre-start meeting.
-  All operational works/compliance assessment approved documents and the Development Approval package (conditions and plans) must be available at the pre-start meeting.
-  Further guidance for requesting a pre-start and co-ordinating the On/Off Maintenance process can be found on Council's website (https://www.brisbane.qld.gov.au/planning-and-building/applying-and-post- approval/on-and-off-maintenance-approvals).

Timing: Prior to site/operational/building work commencing.

 
As indicated
 
57)   Basement Excavation and Support

Basement excavation and support of all exposed walls must be carried out in accordance with the relevant Brisbane Planning Scheme Codes and the requirements of this condition.

 
Prior to building work commencing
57(a) Prepare Engineering Drawings

Engineering drawings for the work required by this condition must be prepared and certified by a Registered Professional Engineer Queensland (Structural), in accordance with the relevant Brisbane Planning Scheme Codes detailing the design of the proposed excavation as well as proposed temporary and permanent support (if no temporary proposed) systems.

The design must include at least the following:
- The location (in plan and section) of the proposed excavation;
- Detailed design of proposed temporary support of the excavation;
- If no temporary support is proposed then detail design of the proposed permanent support of the excavation;
- Any retention system, including associated drainage, is to be wholly contained within the site unless written approval has been obtained from the affected neighbouring property owner;
- The existing and proposed finished levels in reference to the Australian Height Datum (including cross- sections or long sections into the adjacent properties);
- Preservation of all drainage structures from the effects of structural loading generated by the excavation;
- Protection of adjoining properties and roads from adverse impacts as a result of Building Works;
- All existing Brisbane City Council stormwater lines and Maintenance Holes, including depths of Maintenance Holes and clearances to retention structures is to be shown.
Where ground or rock anchors are proposed as a temporary support (Note: permanent anchors are not acceptable) the design must include the following in addition to the above:
- Anchor position/s and length/s (in elevation view and sectional view);
- Where the anchoring system is proposed to encroach into a neighbouring property, written approval is to be obtained from the affected property owner;
- Plans must show the location of the ground anchors in relation to all existing services and public utilities. The cost of relocating any existing services, public utilities or BCC assets is the responsibility of the Developer.

Notes:
- The Earthworks drawings are not required to be submitted for Council approval.
- Where any ground anchors or rock bolts are proposed within 10metres in the vertical plane of a UU sewer, UU water main, BCC stormwater line or combined sanitary drain, assessment will be required against the QDC section MP1.4 by the building certifier.
- Ground anchors are not to be located closer than 1.0m vertically or 1.0m horizontally from existing or proposed Council Infrastructure.
- If the basement excavation impacts on the road reserve, the developer must obtain applicable footpath and road permits prior to commencing any works. Such impacts may include footpath occupation, road closures, re-profiling, ground anchors and/or relocation of services.
- Where public utilities such as UU sewer or water infrastructure, electricity, telecommunication or gas infrastructure will be affected advice must be obtained from the respective utility owner.

Timing: Prior to relevant site/operational/building work commencing.

 
As indicated
57(b) Implement Certified Engineering Drawings

Construct and maintain the basement excavation and proposed support system in accordance with the above certified engineering drawings.

Note: A copy of the certified engineering drawings must be available on- site for inspection by Council Officers during these works.

Timing: While basement excavation and support system installation is occurring.

 
As indicated
57(c) Submit Post Construction Certification

Submit certification by a Registered Professional Engineer Queensland that the basement excavation and support have been installed in compliance with the certified engineering drawings, the relevant Brisbane Planning Scheme Codes and the requirements of this condition.

Where ground or rock anchors have been installed, submit certification by a Registered Professional Engineer Queensland (Geo-technical) that all anchors have been de- stressed.

Timing: Prior to building work commencing above ground.

 
As indicated
 
58)   Construction Management Plan - Major

Carry out development in a method consistent with a Construction Management Plan (CMP) prepared in accordance with the requirements of this condition.

 
While site/operational/building work is occurring
58(a) Construction Management Plan - Submit Plan

Submit to, and obtain compliance approval from, Development Services a detailed Construction Management Plan for the site preparation, demolition, excavation and construction phases of the approved development.  The Construction Management Plan must be in accordance with the relevant Brisbane Planning Scheme Codes and address the following matters, both internal to and external to the development site:

(i)    Location of and impacts to any Council vegetation (i.e. street trees/park trees/garden beds)
(ii)   Location of and impact to any trees/vegetation on adjoining properties, including mitigation of potential impacts;
(iii)  Provision for pedestrian management;
(iv)  Existing and proposed kerbside allocation signs and line marking (such as bus stops, loading zones and parking meters and/or ticket dispensers);
(v)    Location of and impacts to any Council or other public utility assets;
(vi)   Location and design of temporary vehicular construction access points, including frequency of use;
(vii)  Management and mitigation strategies for the impact of dust, noise and vibration upon adjoining and nearby properties;
(viii)  Provision for loading and unloading materials including the location of any remote loading sites / truck layby sites;
(ix)   Location of materials, structures, plant and equipment to be stored or placed on the construction site;
(x)     Location of proposed external hoardings and/or gantries, and the impacts on existing street furniture and other assets located within the verge as well as impacts on any existing advertising signage located either along or adjacent to the site frontage  - this includes any potential obstruction of sight lines for such advertising  (e.g. 'CityCycle' bicycle stations or bus stops with advertising);
(xi)    Anticipated staging and programming;
(xii)   Complaint management processes to be implemented; and
(xiii)  Compliance with the Management Plans Planning Scheme Policy and other relevant Planning Scheme Policies.

The Construction Management Plan must be supported by 'approval in principle' or written approvals from the relevant Council sections or other governing bodies responsible for any potentially impacted infrastructure.

The list of relevant infrastructure and contacts is available on Council's website - Search 'Constructions Management Plan'.

Timing: Prior to site/operational/building work commencing.

 
As indicated
58(b) Construction Management Plan - Dilapidation Report

Submit a dilapidation report to engineeringservices@brisbane.qld.gov.au detailing the pre-existing condition of the roadway, both footways, both verges and Council infrastructure, including vegetation, for 100m from the site entry in both directions or to the next street intersection (if less than 100m from the site entry) in both directions.

Timing: Prior to the pre-start meeting.

 
As indicated
58(c) Construction Management Plan - Documentation on Site

Legible copies of the approved Construction Management Plan and current permits must be kept on site and be made available on request by Council, at all times.

The requirements of the CMP must be included in all induction of principal and subcontractors utilised in the development. An outline of the induction provided to contractors may be requested by Council to confirm compliance with this condition.

Timing: While site/operational/building work is occurring.

 
As indicated
58(d) Construction Management Plan - Works to be Performed Out of Hours

Obtain an approval from Development Services for any work that is proposed to be undertaken outside of normal business hours - 6:30am to 6:30pm, Monday to Saturday.

Timing: Prior to site/operational/building work commencing.

 
As indicated
58(e) Construction Management Plan - Implement Plan

Carry out the development in accordance with the approved Construction Management Plan.

Timing: While site/operational/building work is occurring.

 
As indicated
 
59)   Protect Existing Infrastructure

Where there is existing infrastructure in the vicinity of the proposed work, the new work must not damage or compromise the working ability of the existing infrastructure.

Where alterations to public utility mains, existing mains, services or installations are necessitated by the development, prior to alterations commencing, the developer must notify Council or the relevant infrastructure provider and obtain agreement to the alterations.

The developer must meet the costs of the alterations. The alterations must be carried out in accordance with the relevant Brisbane Planning Scheme Codes or infrastructure providers requirements.

 
While site/operational/building work is occurring
59(a) As Constructed Drawings - Alterations to Existing Infrastructure

Submit to Development Services As Constructed drawings showing all new and/or rectification works and an asset register, prepared by a Registered Professional Engineer Queensland.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
Submit to Development Services certification from a Registered Professional Engineer Queensland, confirming that the alterations have been completed in accordance with the relevant Brisbane Planning Scheme Codes and any other relevant infrastructure requirements. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
60)   Certified Site Survey Levels

Submit to Development Services, "As Constructed" drawings prepared by a Registered Surveyor (Qld). The registered surveyor must certify that the "As Constructed" drawings are in accordance with the APPROVED PLANS and the relevant Brisbane Planning Scheme Codes and show finished surface level information over the completed development.

Note: The survey information must show surface levels and site contours at 1 metre intervals. All levels must be shown as Reduced Levels to the "Australian Height Datum" (AHD).

 
Prior to Council's notation on the plan of subdivision
 
61)   Retaining Walls

Design and construct all retaining walls and associated fences, in accordance with the relevant Brisbane Planning Scheme Codes and the following:

-  All retaining walls including the footings, must be located wholly within the property boundaries of the site where works are occurring

-  Runoff from surface drains and subsoil drainage associated with the retaining walls (irrespective of the height of the wall) must be collected and conveyed to a lawful point of discharge and must not cause any ponding, nuisance or disturbance to adjacent property owners.

-  Retaining walls to stabilise excavation must be set back from property boundaries to accommodate subsoil drainage without encroachment into the neighbouring property. This set back may vary depending on the height, structure and design of the retaining wall, surcharge loadings from neighbouring properties, and to provide a surface drain along the top of the retaining wall

- For retaining walls in excess of 1.0m in height:
      - walls must be vertically and horizontally tiered by a ratio of 1:1 unless an alternative has been approved by Development Services
      - walls must be designed and certified by a Registered Professional Engineer Queensland
      - walls facing onto Council property (including the road reserve and parkland) must not be constructed from timber.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
61(a) Certification of Retaining Walls

For retaining walls over 1.0m in height, obtain certification from a Registered Professional Engineer Queensland that the design and construction of the retaining walls and ancillary drainage are in accordance with the requirements of this condition.

 
As indicated
 
62)   Access, Grades, Manoeuvring, Carparks, Signs and Line Marking

Construct and maintain access, parking and manoeuvring for vehicles on site in accordance with the relevant Brisbane Planning Scheme Codes, as indicated on the approved DRAWINGS AND DOCUMENTS, including the following:

i. A pavement of minimum Local road standard or equivalent surface material (including associated drainage) to the area on which motor vehicles will be driven and/or parked.

ii. Suspended concrete parking areas, aisles and driveways are to be designed and certified by an RPEQ to accommodate the required design vehicles/s identified in this condition.

iii. Manoeuvring on site for a RCV and for the loading and unloading of vehicle(s);

iv. Parking on the site for a minimum 105 resident/tenant cars in addition to 8 visitor cars, including 1 parking spaces for people with disabilities and for the loading and unloading of vehicle(s) within the site. There must a minimum number of 113 total number of spaces provided on site.

v. Provide and maintain a minimum 76 secure bicycle parking spaces for residents in addition to 14 bicycle parking spaces for visitors;

vi. A minimum of 2.3 metres height clearance to all undercover parking areas and a minimum of 2.5 metres above parking spaces for people with disabilities. The minimum clear height must be measured to the lowest protrusion from the ceiling (e.g. fire sprinklers, services, lighting fixtures, signs, etc).

vii. A height clearance sign located at the entrance(s) to undercover car parking areas and a directional visitor parking sign clearly visible from the vehicle entrance to the site.

viii. Prepare and implement signs and line markings drawings that show the internal paved areas signed and delineated in accordance with the approved drawings and documents. The drawings must be prepared and certified by a Registered Professional Engineer Queensland in accordance with the relevant Brisbane Planning Scheme Codes and the Manual of Uniform Traffic Control Devices.

PROOF OF FULFILMENT
Certification from a Registered Professional Engineer Queensland, that the above requirements have been implemented in accordance with this condition. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
63)   Repair Damage to Kerb, Footpath or Road

Repair any damage to the existing kerb and channel, footpath or roadway (including removal of concrete slurry from footways, roads, kerb and channel, stormwater gullies and drainlines) and re-instate existing traffic signs and pavement markings that have been removed or damaged during any works carried out in association with the approved development.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
63(a) Interim Repairs

If at any time during the construction phase of the approved development, damage to the existing kerb and channel, footpath or roadway creates unsafe, unreasonable and/or not fit for purpose conditions as assessed by Council, interim repairs must be undertaken as directed by Program Planning and Integration.

Note: Any interim repairs required to be undertaken shall not be considered to satisfy the requirements of this condition for the permanent repair of the infrastructure prior to the issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

Timing: While site / operational / building works is occurring.

 
As indicated
 
64)   Basements in Flood Planning Areas

Design and construct all basements affected by flooding within the Brisbane River and Creek/Waterway Flood Planning Areas, including stormwater, electrical and sanitary facilities, in accordance with the following:
i) All ventilation openings, driveway entry/exit ramps and pedestrian entrances into the basement must be constructed to achieve the minimum flood planning levels identified in the relevant Brisbane Planning Scheme Codes to prevent the ingress of floodwaters into the basement
ii) The basement subsoil drainage and associated stormwater drainage/flow management must be designed by a Registered Professional Engineer Queensland (RPEQ) to manage the expected sub-surface flow rate resulting from flooding at the highest defined flood event and/or tidal waters (where applicable).
iii) Where any part of a basement is below 2m AHD or subject to saline groundwater conditions, a RPEQ must certify that the design of concrete structures is suitable to withstand the corrosive effects of saline water for the design life of the structure.
iv) All stormwater pump systems must have backflow prevention devices and designed with a discharge point that will gravity drain into a Council stormwater system, or other Lawful Point of Discharge.
v) All sewer connections must include backflow prevention devices.

Note: Basement means a space:
(a) between a floor level in a building and the floor level that is immediately below it; and
(b) no part of which is more than 1m above ground level.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
64(a) Submit Certification to Council

Submit to Council certification by a Registered Professional Engineer Queensland that the stormwater, subsoil drainage and sewer hydraulic design, specifications and drawings for the basement construction is in accordance with the requirements of this condition.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
64(b) Submit As Constructed Drawings to Council

Submit to development Services As Constructed drawings certified by a Registered Professional Engineer Queensland showing the surveyed basement entry levels, subsoil drainage details and pump design.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
65)   Essential Services within Basements

Where essential services are located within a basement or room located below the highest flood level affecting the site in an area affected by the Brisbane River Flood Planning areas or Creek/Waterway Flood Planning areas, the building is to be designed and constructed to provide either:

i) A completely watertight tanked basement with walls and floors designed by a Registered Professional Engineer Queensland (Structural) to resist hydrostatic pressures expected during a defined flood event,

OR

ii) A subsoil drainage system and pump system designed by a Registered Professional Engineer Queensland and constructed to prevent the basement from flooding and meet the following:
a) The pump system is to utilise a duty and standby pump system to manage the expected sub- surface flow rate resulting from flooding at the highest defined flood event and/or tidal waters (where applicable)
b) The pumps are connected to a backup power supply that is located above the highest defined flood level.
c) The backup power supply must be a battery, fuel or gas power source that will run the pumps for a 48h period, where the site is affected by the Brisbane River Flood Planning areas.

Notes:
Basement means a space:
(a) between a floor level in a building and the floor level that is immediately below it; and
(b) no part of which is more than 1m above ground level.

Essential electrical services include any area or room used for fire control panel, telephone PABX, sensitive substation equipment including transformers, low voltage switch gear, high voltage switch gear, battery chargers, protection control and communication equipment, low voltage cables, high voltage cables, and lift or pump controls.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
65(a) Certification to the Private Building Certifier

Provide to the Private Building Certifier, certification from a Registered Professional Engineer Queensland (Structural) that the basement has been designed and constructed to ensure structural integrity during a defined flood event.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
65(b) Certification to Council

Submit to Council certification by a Registered Professional Engineer Queensland that the stormwater, subsoil drainage, pump and backup power supply has been constructed in accordance with the requirements of this condition.

Note: This certification is required to be provided where a subsoil drainage and pump system has been provided in lieu of a tanked, watertight basement.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
66)   Refuse Collection - On Site

Provide for the installation and collection of refuse/recycling bins by Brisbane City Council's Waste and Resource Recovery Services.

 
At all times
66(a) Arrange Refuse Collection

Arrange for the installation of refuse/recycling bins and for the subsequent collection of refuse including recycling from the site by Brisbane City Council's Waste and Resource Recovery Services or a private waste contractor.

Timing: A minimum of four weeks prior to the commencement of use and then to be maintained. 

PROOF OF FULFILMENT
Where a private waste contractor is engaged, provide written confirmation from the proposed waste collection contractor of the agreement to service the property. The written agreement must be submitted to Council's Waste and Resource Recovery Services and include full details of the proposed system, bin sizes, number of bins, frequency of collection and the refuse collection vehicle size. Timing: Prior to commencement of use.

 
As indicated
66(b) Indemnify Council

The owner and any subsequent owner must, by approved form to Waste and Resource Recovery Services, indemnify Council and its agents in respect of any damage to the pavement and other driving surfaces.

Timing: When an arrangement for refuse/recycling collection services is made with Brisbane City Council.

 
As indicated
66(c) Notify Future Owner

Where Council is engaged as the waste contractor, the owner must notify any future owner/body corporate that the development has been approved on the basis that an indemnity must be provide for refuse collection vehicles to enter the property.

Timing:  At time of a change of ownership.

 
As indicated
 
67)   Refuse Storage - On Site Collection

Provide a roofed and wholly screened refuse enclosure utilising materials consistent with the development or a dedicated refuse storage room, as shown on the approved plans and documents. 

The enclosure/refuse storage room must be of a design to accommodate the quantity of refuse and recycling including source separation to allow for low servicing collection of the development.

Bins must be located in an area which allows them to be manoeuvred from the bin storage area to the designated internal collection point.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
68)   RiverWalk - Trunk

Provide the Riverwalk infrastructure in accordance with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises and as generally shown on the APPROVED DRAWING Works Contribution and Indicative Pontoon Layout (reference: DRAWING 2), dated 21- MAY-2026 as Amended in Red 21-MAY-2026. The works form part of LGIP item KANA8003 (Transport Network – Road) in the Local Government Infrastructure Plan and must comply with the relevant Brisbane Planning Scheme Codes and the requirements of this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
68(a) Submit Plan for RiverWalk Works

Submit to, and obtain approval from, Development Services a Landscape Management and Site Works Plan in accordance with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026 prepared by a qualified Landscape Architect and Registered Professional Engineer Queensland. The Plan must document the following:

A) Certified structural engineering design for structures including:

- design and construction details of the Riverwalk including finished levels with reference to the Australian Height datum;

- construction details of the Riverwalk;

- paving to the public riverside pathway in accordance with AUSTROADS Part 14. Construct all pedestrian areas to achieve a Class V Classification in accordance with Australian Standard -AS4586 Slip resistance classification of new pedestrian surface materials and all paving must be suitable for public access and authorised vehicular access;

- details of any other structural components such as balustrades, retaining walls, Riverwalk decking and paving etc.

B) Riverwalk construction, including the following layout and design requirements:

- construction materials (including tactile paving) compliant with those detailed in the Infrastructure Design Planning Scheme Policy;

- landscaping (including vegetation and hard materials) compliant with those detailed in the Infrastructure Design Planning Scheme Policy;

- furniture (including balustrades) compliant with those detailed in the Infrastructure Design Planning Scheme Policy;

- suitable for use by emergency and maintenance vehicles.

C) Any Riverwalk Furniture must be located and meet the following minimum requirements:

- seats, drinking fountains and bench seats must be from the Riverwalk Furniture Suite;

- numbers and locations as determined by Development Services;

- pedestrian lighting in accordance with the following:

o Provide electrical reticulation plans certified by a Registered Professional Engineer Queensland to comply with Australian Standard - AS/NZS3000 Electrical installations known as the Australian/New Zealand Wiring Rules and Council's standard drawings BSD-11001-11004 and BSD- 11031-11032.

o Provide pedestrian lighting plans certified by a Registered Professional Engineer Queensland or by a member of the Illuminating Engineering Society of Australia and New Zealand to comply with Australian Standard - AS/NZS 1158.3.1 Lighting for roads and public spaces - Pedestrian Area (Category P) Lighting - Performance and Design requirements.

D) Costing and maintenance program including:

- costing of all works indicated on the Landscape Management and Site Works Plan for Riverwalk; and

- details of a 12-month maintenance program for all landscaping, including staging of works and time schedules, methods of establishment and projected ongoing maintenance costs.

E) Program of works and phasing:

- details of the timing for the works;

- details of works to be carried out for the new Riverwalk in relation to other approved aspects of development.

Timing: Prior to building work commencing above ground level for the tower as shown in blue shading on the APPROVED DRAWINGS Above Ground Level Works – 1 and Above Ground Level Works – 2 (reference: DRAWING 4), both dated 21-MAY-2026 as Amended in Red 21-MAY-2026.

 
As indicated
68(b) Implement Approved Drawings

Construct the works in accordance with the above approved drawings.

Timing: Prior to on-maintenance acceptance.

 
As indicated
68(c) Submit As Constructed Drawings

Submit As Constructed drawings including an asset register and a pre-On-Maintenance Inspection Checklist, prepared by a qualified Landscape Architect or Landscape Contractor and a Registered Professional Engineer Queensland as appropriate, certifying that the works have been completed in accordance with the approved Landscape Management and Site Works Plan.

Submit a detailed inspection and maintenance report, detailing proposed inspection schedule and maintenance regime for the Riverwalk.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first

 
As indicated
 
69)   Telecommunications

Submit to Development Services, certification from an authorised telecommunications carrier/contractor, that the following works and infrastructure have been undertaken and installed in accordance with telecommunications industry standards:
- Provide telecommunications to the subject buildings, lead-in conduits and equipment space in a suitable location within the buildings, to suit the carrier of choice.
- If new pits and conduit infrastructure are required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
70)   Agreement with Electricity Supplier

Submit to Development Services, evidence of an agreement with an electricity supplier to provide necessary services to the development in accordance with the relevant Brisbane Planning Scheme Codes.

Where development is within an established area of overhead electricity supply and the electricity supplier determines that a property pole is the appropriate solution to supply electricity to the development, the developer must be responsible for the installation of the property pole(s).

In the above circumstances, submit to Development Services, certification from the developer's electrical consultant confirming that the above installation has been completed in accordance with the relevant AS/NZS Standards and the Queensland Electricity Connection Manual (QECM) and Queensland Electricity Metering Manual (QEMM).

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
71)   Permanent Driveway Crossover

Provide a 6.7 metre wide Type B1 (modified) permanent driveway crossovers to the Thorn St frontage(s) of the site in accordance with the relevant Brisbane Planning Scheme Codes and located as shown on the approved DRAWINGS AND DOCUMENTS.

Written consent must be obtained from BCC - Field Services, Program Planning and Integration Arborist prior to any works occurring that will either impact on or require removal of a street tree (this includes pruning and excavation within the root zone/canopy of the tree)

At all times during construction of the crossover, safe pedestrian access along the site frontage must be maintained.

Note: No further driveway permit is required however additional footway permits or lane closure permits may be required for footpath/verge closures and/or lane closures. These permits must be obtained prior to construction of the crossover.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
72)   Redundant Driveway Crossover

Remove the redundant existing driveway crossover(s) on the Thorn Street frontage of the site and reinstate the kerb and channel, road pavement, footways and footpaths in accordance with the relevant Brisbane Planning Scheme Codes.

Note: Additional footway permits or lane closure permits may be required for footpath/verge closures and/or lane closures. These permits must be obtained prior to construction of the crossover.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
Standard Advice
 
Timing
73)   Construction Noise and Dust Emissions

Pursuant to the Environmental Protection Act 1994, all development involving the emission of noise and dust from building and/or construction activities, must ensure that the emissions are in accordance with the requirements of the Act.
The Environmental Protection Act 1994 prescribes that:

1. A person must not carry out building work in a way that makes an audible noise-
-  on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or
-   on any other day, at any time. 
2. The reference in subsection (1) to a person carrying out building work-
-  includes a person carrying out building work under an owner-builder permit; and
-  otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

Note: A request can be made to work outside of these hours by submitting an Environmental Management Plan for assessment and obtaining an endorsed decision from the Environmental Management delegate Development Services.

 
As indicated
 
74)   Management of Asbestos

Disposal, handling and restoration of any building materials containing asbestos must be in accordance with current state and federal legislation.

 
As indicated
 
75)   Further Development Permit Required

Further Development Permit(s) to carry out assessable building work under the Building Act may be required.

 
As indicated
 
76)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
77)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 
78)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003.  This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
79)   Equitable Access

Provision must be made during and after construction for equitable access for persons with disabilities to and within the site and on adjoining public areas, in accordance with the following:
- Queensland Anti-Discrimination Act 1991;
- Federal Disability Discrimination Act 1992;
- Australian Standards AS1428 Parts 1-4;
- Australian Standard for Access and Mobility; and
- National Construction Code.

 
As indicated
 
80)   Eligibility for on-street residential parking permits in Brisbane

Occupiers of the approved development will not be eligible for on-street residential or visitor parking permits.

 
As indicated
 
81)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action

 
As indicated
 
82)   Fire Ant Movement Controls

To prevent the spread of fire ants, the Queensland Government has implemented improvement controls in areas of Queensland (biosecurity zones) where this pest species has been detected.

These controls apply to individuals and commercial operators and restrict the movement of materials that could carry fire ants which include soil, turf, potted plants, mulch, baled hay or straw, animal manures, mining or quarry products.

Breaches of these controls can potentially impact the community, economy and the environment.  Penalties for non-compliance with movement controls within fire ant biosecurity zones apply under the Biosecurity Act 2014.

For further information contact the relevant Queensland State Government department on 13 QGOV.

 
As indicated
 
83)   Water and Wastewater

Services for water and wastewater (sewerage) are not under the jurisdiction of Brisbane City Council.  Authorisation to connect the approved development to the water/wastewater networks and for property service connections required a Water Approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

For further information about any necessary Water Approvals contact Urban Utilities.

 
As indicated
 
84)   Flood Resilience and Awareness

This advice is provided for buildings that are on sites that are subject to the flood overlay, as shown within City Plan 2014.

 

Council makes decisions to minimise flood risk based on the best information available at the time of the development application.  Flood studies and applicable flood levels may be updated by Council overtime where new flood information is available or changes to engineering standards/methodology have occurred.  Flood levels for various flood events and flooding types are outlined in Councils Floodwise Property Reports available from Councils website.

 

The minimum flood planning levels that apply to new development do not necessarily mean that the development will never flood.  Therefore, when choosing materials for building on sites that are known to be affected by flooding, regardless of whether it is constructed to the minimum flood planning level, it is recommended that flood resilient materials are used to improve the speed of recovery and reduce the cost of repairs if required. 

 

For more information refer to:

Council's website at https://www.brisbane.qld.gov.au/community-and-safety/community- safety/disasters-and-emergencies/be-prepared/flooding-in-brisbane/flooding- support-for-residents/flood-resilient-homes-program

Queensland Reconstruction Authority "Flood Resilient Building Guidance for Queensland Homes"https://www.qra.qld.gov.au/resilient- homes/flood-resilient-building-guidance-queensland-homes

 
As indicated
 
85)   Buildings in Transport Noise Corridors - Acoustic Treatments

All new houses, townhouses, units, hotels and motels (Class 1-4 buildings) on sites located in a designated transport noise corridor are required to comply with the requirements of the Queensland Development Code Mandatory Part 4.4 - Buildings in Transport Noise Corridors. The buildings will need to achieve specific levels of noise mitigation through the use of appropriate materials for floors, walls, roofs, windows and doors for the relevant noise category.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
 



Permit to Which These Conditions Relate: DA - PA - Operational Work
Activity(ies): Heritage Place (QHP)
Landscape Works on Private Land
Bulk Earthworks
Stage: Stage 1 - Operational work on a Queensland Heritage Place involving changes to landscaping or natural features

General/Planning Requirements
 
Timing
86)   Approved Drawings and Documents

A legible copy of the Council approved DRAWINGS AND DOCUMENTS and the Development Approval Package must be maintained on site and kept available for inspection by site workers and Council officers.

Note: This condition is imposed to ensure compliance with the conditions of development approval.

 
While site/operational/building work is occurring
 
87)   Carry Out the Approved Development

Carry out the approved development in accordance with the approved DRAWINGS AND DOCUMENTS.

Note: This approval does not imply permission to enter neighbouring properties to carry out the construction (including, but not limited to, associated drainage and earthworks).  Permission to enter neighbouring properties must be obtained from the relevant property owners.

 
While site/operational/building work is occurring
 
88)   Complete All Operational Work

Complete all operational work associated with this development approval, including work required by any of the conditions included in the Development Approval Package.  Such operational work must be carried out in accordance with the approved DRAWINGS AND DOCUMENTS or, if requiring a further approval from the Council, in accordance with the relevant further approval(s).

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first
 
89)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
Landscape Architecture and Open Space Planning
 
Timing
90)   Retain and Protect Existing Street Tree(s)

Identify, retain and protect the existing street trees on the Castlebar Street and Thorn Street frontages of the site unless otherwise agreed in writing with Program Planning and Integration.   

Note: Street trees are protected under the Natural Assets Local Law.  Street trees must not be removed or pruned without prior approval from Program Planning and Integration.

Note: Where driveway crossovers occur within the Tree Protection Zone (TPZ) of existing street trees, seek approval from the Arboricultural Team in Program Planning and Integration, City Standards for the final driveway crossover design and construction methodology to ensure the successful retention of the existing street tree(s)

 

PROOF OF FULFILMENT
Contextual photographic evidence that the tree has been retained in equal or greater health than before development commenced. OR, evidence in writing from Asset Services Arboriculture that an alternative arrangement has been made. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
At all times
90(a) Implement Protection Measures

Install tree protection measures in accordance with Australian Standard - AS4970 Retention of Trees on Development Site.

There must be no excavation, filling or storage of materials or plant within the drip line of the tree(s).

Where works are within the canopy drip line of existing street trees, contact Program Planning and Integration Regional Coordinator Arboriculture in relation to the required provision of protection measures.

Note: If fencing is to protect street trees, a permit to temporarily occupy the footway will be required from Compliance and Regulatory Services.

Timing: Prior to site/operational/building work occurring.

PROOF OF FULFILMENT
Contextual photographic evidence to demonstrate the installation of protection measures prior to building works commencing. Timing: Prior to site / operational / building work occurring.

 
As indicated
90(b) Maintain Protection Measures

Maintain protection measures while development is occurring and remove protection measures prior to commencement of the use.

Timing: While to site/operational/building work is occurring.

 
As indicated
 
91)   Retain Existing Tree(s)

Retain, protect and maintain the existing trees shown as being retained on the APPROVED DRAWINGS AND DOCUMENTS, including the existing development approval A006786527, all relevant Brisbane Planning Scheme Codes and in accordance with Australian Standard - AS4970 Protection Of Trees On Development Sites.

Note: All conditions forming part of A006786527 in relation to the tree planting remain relevant unless otherwise amended by this approval or SARA response attached to the decision.

PROOF OF FULFILMENT
Contextual photographic evidence that the tree(s) has been retained in equal or greater health than before development commenced. Timing: While site/operational/building work is occurring.

 
While site/operational/building work is occurring
91(a) Implement Protection Measures - On-site Trees

Implement protection measures including the erection of a temporary fence around the entire tree protection zone (established pursuant to AS-4970) or as directed by a qualified Arborist. There must be no excavation, filling, storage of materials or plant within the fenced area. Protection fences must be removed prior to the commencement of the use.

Timing: Prior to and while site / operational / building works is occurring.

PROOF OF FULFILMENT
Contextual photographic evidence to demonstrate the installation of protection measures prior to building works commencing.

 
As indicated
91(b) Certification

Submit to Development Services certification from a qualified Arborist (minimum AQF Level 5 in Arboriculture with a minimum of 5 years' experience) certifying that tree protection measures were implemented in accordance with this condition.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
92)   Landscape the site - Container planting for rooftop gardens and/or green walls

Landscape the site through the provision of container planting in accordance with the requirements of this condition.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
92(a) Prepare Detailed Container Planting Design for self-certification

Prepare a Detailed Container Planting Design for all container planting identified on the approved DRAWINGS AND DOCUMENTS, including Approved Document titled Landscape Concept Plan and Details received 19-MAR-2025 as Amended in Red 21-MAY- 2026; and Approved Document titled Shafston House Kangaroo Point - The Grounds and Setting Landscape Heritage Assessment received 19-MAR-2025. The plan must be prepared and certified by suitably qualified professionals and must comply with the relevant Brisbane planning scheme codes. In addition to the above, the design must include the following:

- Shade and aspect studies including:

o Sunshade modelling for 9am, noon and 3pm on June 21, September 22 and December 21;

o Wind report measuring m/s for the container planting location/s;

o Detailed estimates of required weekly water consumption for irrigation for each calendar month by an Irrigation Association of Australia certified irrigation designer, holding a Diploma of Irrigation

o a dedicated rainwater irrigation tank with green wall drainage return and overflow connected to the stormwater system;

o a reticulated drip irrigation system with stand-alone power supply and smart-tech central control and alert;

o waterproofing;

o adequate fascia protection and drip tray depth to minimize drips onto the footpath or surrounding properties;

- for planter boxes:

o adequate width, depth and suitability of soil for the planting. Minimum internal depths of planters unless otherwise endorsed by Development Services must be trees minimum 800mm – maximum 1200mm; large shrubs and palms minimum 500mm - maximum 800mm; small shrubs and groundcovers minimum 250mm – maximum 400mm;

o a plant schedule that demonstrates planting appropriate to container type, size and location, - considering orientation, shading and wind direction;

o structural design by an RPEQ to ensure that the saturated weight of container planting is suitable for the building;

o a 12-month establishment period maintenance program for planting;

o an ongoing annual maintenance program including clearly defined access plan which demonstrates how accessible, safe and practical maintenance is achieved from within the site. Note: This will include the location/s of the winch point/s located on the roof to access containerised planters on the building facade.

Timing: Prior to building work commencing.

 
As indicated
92(b) Implement certified Detailed Landscape Container Planting Design

Carry out the works in accordance with the above certified Detailed Landscape Container Planting Design.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
92(c) Certify work - Implementation

On completion of the work, submit to Development Services the following:
-  For planter boxes including vegetation supported by trellises and screens, certification by a Qualified Landscape Architect that construction and planting has been carried out in accordance with the conditions of development approval and the approved drawings
-  Certification of irrigation design including irrigation tank size by an Irrigation Association of Australia certified irrigation designer, holding a Diploma of Irrigation
-  Certification by a Registered Professional Engineer Queensland that stormwater drainage and structural design have been provided in accordance with the conditions of development approval
-  As-constructed drawings showing:
  -  The extent and internal dimensions of planter boxes
  -  Planting layout and species.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
92(d) Certify work - establishment period

On completion of the 12-month establishment period, submit to Development Services certification that planting has been established in accordance with the certified Detailed Landscape Container Planting Design.

Timing: 12 months after implementation of the certified Detailed Landscape Container Planting Design.

 
As indicated
92(e) Maintain container planting

Rooftop gardens and Containerised Planters

Maintain the container planting generally in accordance with the certified Detailed Landscape Container Planting Design.

Timing: To be maintained.

 

 
As indicated
 
93)   Landscape the Site - Self Certification

Landscape the site in accordance with the requirements of this condition.

Advice note: The SARA referral agency response (dated 12 September 2025, reference 2412-43793 SRA) includes requirements relating to detailed landscape plans. The requirements of this SARA response are to prevail, to the extent there is any inconsistency between the requirements of this condition and the requirements of the conditions imposed by SARA as part of the referral agency response.

 
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained
93(a) Detailed Landscape Plan for Self- Certification

Prepare a Detailed Landscape Plan at a scale of 1:100 for all on-site landscape works including planting areas identified on the approved DRAWINGS AND DOCUMENTS, including Approved Document titled Landscape Concept Plan and Details received 19-MAR-2025 as Amended in Red 21- MAY-2026; and Approved Document titled Shafston House Kangaroo Point - The Grounds and Setting Landscape Heritage Assessment received 19-MAR-2025. The plan must be prepared by a Qualified Landscape Architect and must comply with the relevant Brisbane Planning Scheme Codes.

The plan must include the following:

- Planting media and mulch in accordance with AS4454 Composts, soil conditioners and mulches and AS 4419-2003 Soils for landscaping and garden use.

- Unless otherwise specified, trees provided as 45 litre stock or larger, staked and tied, and complying with Australian Standards.

- Plant selection and densities to achieve full surface coverage of garden beds within 2 years of planting.

- A reticulated drip irrigation system to all planting areas, with drainage connected to the stormwater system; the irrigation system must be connected to a non-mains water source.

- Trees required to be retained are documented, integrated into landscape design, and protected in accordance with the relevant sections of Australian Standard AS4970 Protection of trees on development sites.

- Details of a 12 week establishment period.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
93(b) Multiple Unit Dwelling

In addition to the requirements listed above, the plan must include the following:
-  Deep planting areas as shown on the approved drawings planted with trees capable of growing to a minimum canopy diameter of 5m and a minimum height of 5m within 5 years of planting noting that this is a minimum requirement and trees are expected to grow beyond these measurements.
-  Columnar canopy form or screening tree/shrub species planted at suitable spacings alongside and rear boundaries in planting areas shown on the approved drawings.
-  Shade and/or round canopy trees planted at suitable spacings along front boundaries in planting areas shown on the approved drawings.
-  Shade and/or round canopy trees in car parking areas in planting areas shown on the approved drawings.
-  Containerised planters with minimum internal depths and widths sufficient to support healthy plant growth, with the following dimensions or other dimensions if achieving the same soil volume; trees - 1200m width x depth, large shrubs and palms - 800mm width x depth, small shrubs and groundcovers - 600mm width x depth.
-   One hose cock within any private landscape and recreation area.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
93(c) Certify Detailed Landscape Plan

On completion of the Detailed Landscape Plan, submit to Development Services:
-  Brisbane City Council Form CC10616 - Landscape Design Certificate prepared by a Qualified Landscape Architect to certify that the Detailed Landscape Plan complies with the requirements of this condition
-   A copy of the certified Detailed Landscape Plan.

Timing: Prior to building work commencing.

PROOF OF FULFILMENT
A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to building work commencing.

 
As indicated
93(d) Implement Certified Detailed Landscape Plan

Carry out the landscape work in accordance with the above certified detailed Landscape Plan.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
93(e) Certify Work

On completion of the landscape work, submit to Development Services:
-  Brisbane City Council Form CC10613 - Landscape Works Certificate prepared by a Qualified Landscape Architect or licensed Landscape Contractor to certify the completed landscape work complies with the certified Detailed Landscape Plan
-  A copy of the as-constructed certified Detailed Landscape Plan.

Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

PROOF OF FULFILMENT
An as constructed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
93(f) Maintain Landscape Work

Maintain the landscape work, including deep planting provided in this application and previous approval (Council reference: A005833578), in accordance with the certified Detailed Landscape Plan.

Timing: To be maintained.

 
As indicated
 
Engineering
 
Timing
94)   On-site Erosion (Medium Risk)

Manage on-site erosion and the release of sediment or sediment laden water from the site at all times by implementing best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version).

Timing: Prior to commencement of any land disturbing activities and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
94(a) Manage earth disturbance on- site

(i) Drainage control measures must be implemented and maintained to minimise water flow onto areas of exposed earth.

(ii) Sediment and erosion control measures must be implemented and maintained to prevent soil loss from earth disturbance areas and prevent deposition beyond earth disturbance areas.

(iii) No release of contaminants to land beyond on-site area of earth disturbance other than releases that achieve water pollutant concentration release limits of:

A. 50mg/L TSS (Total Suspended Solids);

B. Turbidity, Nephelometric Turbidity Units (NTU) value less than 10% above background, 75 NTU, or as agreed in writing by an Officer from Councils Erosion and Sediment Control (ESC) Team in Compliance and Regulatory Services;

C. pH between 6.5 and 8.5 at all times.

(iv) Maintain a written record to demonstrate that water discharges from the site, including any dewatering operations, meet the release limits as detailed in (iii) for water discharge(s) from the site that occur during or immediately after a rainfall event, and during normal business hours. The water quality of the discharge flows must be measured at each discharge point from the site, including but not limited to sediment basin outlets, other applicable sediment control devices, the site water drainage system, and recorded against the release limits at least once on each calendar day until such discharge stops.

Timing: Prior to commencement of any earth disturbing activities and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
94(b) Provide Land Occupier Notification to Council

(i) Notify Council's ESC Team of proposed land occupier/s by sending an email to CARS-ESC@Brisbane.qld.gov.au

(ii) If the land is to be occupied by any person other than the registered landowner then advice must be provided to Council that confirms the name, contact information and the duration of any proposed occupation of the land.

Timing: Prior to commencement of any earth disturbing activities.

 
As indicated
94(c) Prepare Erosion and Sediment Control Plan

Prepare an Erosion and Sediment Control Plan (ESCP) in accordance with best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version) and, to the extent of any inconsistency, relevant Brisbane Planning Scheme Codes and Policies.

Obtain a design certificate in accordance with the relevant Brisbane Planning Scheme Codes and Policies.

The ESCP and design certificate must be certified by a Certified Professional in Erosion and Sediment Control (CPESC) or a Registered Professional Engineer Qld (RPEQ) with suitable qualifications and experience in erosion and sediment control.

Documentary evidence demonstrating appropriate qualifications in erosion and sediment control must be provided to the Council upon request.

Timing: Prior to the commencement of any earth disturbing activities.

 
As indicated
94(d) Attend a pre-start meeting

Arrange and attend a pre-start meeting for ESC with an Officer from Councils ESC Team in Compliance and Regulatory Services (CARS).

Note: To request a pre-start meeting from Council's ESC Team send an email to CARS-ESC@Brisbane.qld.gov.au. All relevant documentation, including both the certified ESCP and the certified design certificate, must be attached to this email.

Please allow up to 10 business days for your request to be processed.

Timing: Attend the pre- start meeting prior to the commencement of any earth disturbing activities.

 
As indicated
94(e) Implement Certified Erosion and Sediment Control Plan

Implement the certified ESCP and maintain all ESC measures in accordance with best industry practice for sediment and erosion control as per the International Erosion Control Association, Best Practice Erosion and Sediment Control documents (2008 or later version) and, to the extent of any inconsistency, relevant Brisbane Planning Scheme Codes and Policies.

The ESCP and design certificate must be available on site at all times for inspection by Council officers. Any alteration to supplementary or Type 3 ESC measures must be reflected in the certified ESCP. Any alteration to Type 2 or Type 1 ESC measures will require a revised ESCP and design certificate that has been certified by either the CPESC or RPEQ.

Timing: While earth disturbing activities are occurring and until all exposed soil areas are permanently stabilised against erosion.

 
As indicated
 
95)   Retaining Walls

Design and construct all retaining walls and associated fences, in accordance with the relevant Brisbane Planning Scheme Codes and the following:

- All retaining walls including the footings, must be located wholly within the property boundaries of the site where works are occurring

- Runoff from surface drains and subsoil drainage associated with the retaining walls must be collected and connected to a lawful point of discharge (LPD) where possible. If no LPD is available the surface drains and sub-soil drainage must be designed, installed and discharged to ensure there is no ponding, nuisance or concentration of stormwater discharge to adjacent properties.

- Retaining walls to stabilise excavation must be set back from property boundaries to accommodate subsoil drainage without encroachment into the neighbouring property. This set back may vary depending on the height, structure and design of the retaining wall, surcharge loadings from neighbouring properties, and to provide a surface drain along the top of the retaining wall

- For retaining walls in excess of 1.0m in height:
- walls must be vertically and horizontally tiered by a ratio of 1:1 unless an alternative has been approved by Development Services
- walls must be designed and certified by a Registered Professional Engineer Queensland
- walls facing onto Council property (including the road reserve and parkland) must not be constructed from timber.

NOTE: Refer to City Plan 2014; Infrastructure Design Planning Scheme Policy (IDPSP) for Council’s definition of a LPD.

Timing: Upon completion of all operational works.

 
As indicated
95(a) Certification of Retaining Walls

For retaining walls over 1.0m in height, obtain certification from a Registered Professional Engineer Queensland that the design and construction of the retaining walls and ancillary drainage are in accordance with the requirements of this condition.

Timing: Upon completion of all operational works.

 
As indicated
 
96)   Repair Damage to Kerb, Footpath or Road

Repair any damage to the existing kerb and channel, footpath or roadway (including removal of concrete slurry from footways, roads, kerb and channel, stormwater gullies and drainlines) and re-instate existing traffic signs and pavement markings that have been removed or damaged during any works carried out in association with the approved development.

Timing: Upon completion of all operational works.

 
As indicated
96(a) Interim Repairs

If at any time during the construction phase of the approved development, damage to the existing kerb and channel, footpath or roadway creates unsafe, unreasonable and/or not fit for purpose conditions as assessed by Council, interim repairs must be undertaken as directed by Program Planning and Integration.

Note: Any interim repairs required to be undertaken shall not be considered to satisfy the requirements of this condition for the permanent repair of the infrastructure prior to the issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

Timing: While site / operational / building works is occurring.

 
As indicated
 
97)   Protect Existing Infrastructure

Where there is existing infrastructure in the vicinity of the proposed work, the new work must not damage or compromise the working ability of the existing infrastructure.

Where alterations to public utility mains, existing mains, services or installations are necessitated by the development, prior to alterations commencing, the developer must notify Council or the relevant infrastructure provider and obtain agreement to the alterations.

The developer must meet the costs of the alterations. The alterations must be carried out in accordance with the relevant Brisbane Planning Scheme Codes or infrastructure providers requirements.

 
While site/operational/building work is occurring
97(a) As Constructed Drawings - Alterations to Existing Infrastructure

Submit to Development Services As Constructed drawings showing all new and/or rectification works and an asset register, prepared by a Registered Professional Engineer Queensland.

Timing: Upon completion of all operational works.

PROOF OF FULFILMENT
Submit to Development Services certification from a Registered Professional Engineer Queensland, confirming that the alterations have been completed in accordance with the relevant Brisbane Planning Scheme Codes and any other relevant infrastructure requirements. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first.

 
As indicated
 
Standard Advice
 
Timing
98)   Construction Noise and Dust Emissions

Pursuant to the Environmental Protection Act 1994, all development involving the emission of noise and dust from building and/or construction activities, must ensure that the emissions are in accordance with the requirements of the Act.
The Environmental Protection Act 1994 prescribes that:

1. A person must not carry out building work in a way that makes an audible noise-
-  on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or
-   on any other day, at any time. 
2. The reference in subsection (1) to a person carrying out building work-
-  includes a person carrying out building work under an owner-builder permit; and
-  otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

Note: A request can be made to work outside of these hours by submitting an Environmental Management Plan for assessment and obtaining an endorsed decision from the Environmental Management delegate Development Services.

 
As indicated
 
99)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
100)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 
101)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003.  This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
102)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action

 
As indicated
 
103)   Fire Ant Movement Controls

To prevent the spread of fire ants, the Queensland Government has implemented improvement controls in areas of Queensland (biosecurity zones) where this pest species has been detected.

These controls apply to individuals and commercial operators and restrict the movement of materials that could carry fire ants which include soil, turf, potted plants, mulch, baled hay or straw, animal manures, mining or quarry products.

Breaches of these controls can potentially impact the community, economy and the environment.  Penalties for non-compliance with movement controls within fire ant biosecurity zones apply under the Biosecurity Act 2014.

For further information contact the relevant Queensland State Government department on 13 QGOV.

 
As indicated
 
104)   Flood Resilience and Awareness

This advice is provided for buildings that are on sites that are subject to the flood overlay, as shown within City Plan 2014.

 

Council makes decisions to minimise flood risk based on the best information available at the time of the development application.  Flood studies and applicable flood levels may be updated by Council overtime where new flood information is available or changes to engineering standards/methodology have occurred.  Flood levels for various flood events and flooding types are outlined in Councils Floodwise Property Reports available from Councils website.

 

The minimum flood planning levels that apply to new development do not necessarily mean that the development will never flood.  Therefore, when choosing materials for building on sites that are known to be affected by flooding, regardless of whether it is constructed to the minimum flood planning level, it is recommended that flood resilient materials are used to improve the speed of recovery and reduce the cost of repairs if required. 

 

For more information refer to:

Council's website at https://www.brisbane.qld.gov.au/community-and-safety/community- safety/disasters-and-emergencies/be-prepared/flooding-in-brisbane/flooding- support-for-residents/flood-resilient-homes-program

Queensland Reconstruction Authority "Flood Resilient Building Guidance for Queensland Homes"https://www.qra.qld.gov.au/resilient- homes/flood-resilient-building-guidance-queensland-homes

 
As indicated
 



Permit to Which These Conditions Relate: DA - PA - Operational Work
Activity(ies): Prescribed Tidal Work
Stage: Stage 2 - Preliminary Approval for Prescribed Tidal Works (private pontoon)

General/Planning Requirements
 
Timing
105)   Limitation of use

The pontoon is to be used for mooring purposes only and is limited to use by owners of units subject to the material change of use development permit (DABW417876722). A maximum of six (6) vessels are permitted to be moored at the proposed pontoon at any one time. No habitation, servicing, maintenance or refuelling of vessels is to occur.

Advice note: Reference to vessels/berths does not extend to smaller boats such as tenders or personal watercraft (e.g. jet skis, kayaks).

Services and utilities provision is to be limited to those contained within the volumetric easement in accordance with Condition 53) Grant Easements.

No advertising signs shall be permitted except signage of a maximum of 300mm x 600mm that informs the public of the private nature of the pontoon and its association with the units subject to this material change of use development permit (DABW417876722).

 
At all times
 
106)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
107)   Further Approval

The Operational Work approved by this Preliminary Approval does not permit development to be carried out and must not start until a Development permit issued for the Operational Works has taken effect.

Note: This development approval does not infer assessment against any other part of City Plan 2014 or any applicable Code will necessarily be approved.

 
Prior to site/operational/building work commencing
 
Engineering
 
Timing
108)   Prescribed Tidal Work

The development and surrounding riverbank must be maintained in accordance with the approved drawings and documents.

Dry storage of small boats (such as jet skis and kayaks) for use by residents and guests may be accommodated within the general storage areas of the development.

Any dry storage of small boats located on the prescribed tidal works must be limited to hoists or lift facilities designed to service a single vessel, and must not include boat sheds or other forms of dry storage unless identified on the approved plans and documents.

 
At all times
 
Standard Advice
 
Timing
109)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
110)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 
111)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003.  This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
112)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action

 
As indicated
 
113)   Fire Ant Movement Controls

To prevent the spread of fire ants, the Queensland Government has implemented improvement controls in areas of Queensland (biosecurity zones) where this pest species has been detected.

These controls apply to individuals and commercial operators and restrict the movement of materials that could carry fire ants which include soil, turf, potted plants, mulch, baled hay or straw, animal manures, mining or quarry products.

Breaches of these controls can potentially impact the community, economy and the environment.  Penalties for non-compliance with movement controls within fire ant biosecurity zones apply under the Biosecurity Act 2014.

For further information contact the relevant Queensland State Government department on 13 QGOV.

 
As indicated
 
114)   Flood Resilience and Awareness

This advice is provided for buildings that are on sites that are subject to the flood overlay, as shown within City Plan 2014.

 

Council makes decisions to minimise flood risk based on the best information available at the time of the development application.  Flood studies and applicable flood levels may be updated by Council overtime where new flood information is available or changes to engineering standards/methodology have occurred.  Flood levels for various flood events and flooding types are outlined in Councils Floodwise Property Reports available from Councils website.

 

The minimum flood planning levels that apply to new development do not necessarily mean that the development will never flood.  Therefore, when choosing materials for building on sites that are known to be affected by flooding, regardless of whether it is constructed to the minimum flood planning level, it is recommended that flood resilient materials are used to improve the speed of recovery and reduce the cost of repairs if required. 

 

For more information refer to:

Council's website at https://www.brisbane.qld.gov.au/community-and-safety/community- safety/disasters-and-emergencies/be-prepared/flooding-in-brisbane/flooding- support-for-residents/flood-resilient-homes-program

Queensland Reconstruction Authority "Flood Resilient Building Guidance for Queensland Homes"https://www.qra.qld.gov.au/resilient- homes/flood-resilient-building-guidance-queensland-homes

 
As indicated
 



Permit to Which These Conditions Relate: DA - PA - Operational Work
Activity(ies): Heritage Place (QHP)
Prescribed Tidal Work
Stage: Stage 2 - Preliminary Approval for Prescribed Tidal Works (Revetment works, Riverwalk and demolition of existing pontoon),

General/Planning Requirements
 
Timing
115)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
116)   Further Approval

The Operational Work approved by this Preliminary Approval does not permit development to be carried out and must not start until a Development permit issued for the Operational Works has taken effect.

Note: This development approval does not infer assessment against any other part of City Plan 2014 or any applicable Code will necessarily be approved.

 
Prior to site/operational/building work commencing
 
117)   Future Prescribed Tidal Works Application

Submit to Council a development application seeking a Development Permit for prescribed tidal works for construction of the Riverwalk and revetment wall, and demolition of the existing pontoon in accordance with the requirements of this condition.

A Development Permit must be obtained prior to the commencement of any works on the site, in accordance with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
Prior to site/operational/building work commencing
117(a) Documentation to accompany the development application

The application for a Development Permit for prescribed tidal works must be accompanied by the following documentation, prepared and certified by a suitably qualified and experienced RPEQ as outlined within the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026:

(a) Detailed design drawings and specifications for the Riverwalk and revetment wall consistent with the APPROVED DRAWINGS AND DOCUMENTS and the minimum technical design criteria;

(b) Safety in Design documentation, including a written safety report detailing hazards unique to the design of the Prescribed Riverwalk Infrastructure and the Private Pontoon, and identified mitigation measures;

(c) Operations and maintenance manual which is to be updated through design and specification and construction; and

(d) Inspection schedule, safe work method statement, safe operating procedure, and proof of maintainability considerations including machinery used and access.

 
Prior to site/operational/building work commencing
117(b) Riverwalk Design Specifications

The Prescribed Riverwalk Work must be designed and constructed to comply with the following minimum technical standards:

(a) Minimum design life: 100 years

(b) Path width: a 5.35m an unobstructed path comprising:

(i) a 2.0m wide footpath on the Brisbane river side of the path; and

(ii) a 3.35m wide bicycle/scooter path on the freehold land side of the path.

(c) Design speed: 30km/h desirable, 25km/h minimum

(d) Longitudinal grade: 3% maximum

(e) Horizontal curve radii: 15m minimum

(f) Finished surface level: 2.1m AHD minimum, adjusted to facilitate future tie in to existing sections of Riverwalk as described below whilst respecting the longitudinal grade criterion.

(g) Design considerations to the north: The design of the Riverwalk Work Contribution at the northern end must be coordinated with the alignment of the existing Riverwalk infrastructure located within Lot 900 on SP163172. This coordination is to ensure seamless physical and functional integration between the Riverwalk Work Contribution, through the unallocated land fronting Lots 1-3 on SP116789, and existing sections of Riverwalk.

(h) Design considerations to the south: The design of the Riverwalk Work Contribution at the southern end must be coordinated with the alignment of the existing Riverwalk infrastructure located within Lot 0 on SP134402 (Common Property). This coordination is to ensure seamless physical and functional integration between the Riverwalk Work Contribution, through the unallocated state land fronting Lot 0 on BUP100822, deviating around Lot 100 on RP96906.

(i) Other requirements where not specified above: as per Chapter 12 of the Infrastructure Design Planning Scheme Policy under the Brisbane City Plan 2014.

 
Prior to site/operational/building work commencing
 
Landscape Architecture and Open Space Planning
 
Timing
118)   Sequence of Riverwalk Construction

Development for the Riverwalk is to be carried out in the following order:

a. Complete the demolition of the existing pontoon, to the satisfaction of Council and in accordance with the prescribed tidal works approval.

Timing: Following the approval of the prescribed tidal works approval.

b. Complete the works for the Riverwalk and revetment wall, including repair, upgrade or replacement, in accordance with the prescribed tidal works approval prior to the transfer of land to Council in fee simple on trust for the community purpose of park and other ancillary public purposes.

The works authorised by this development permit must comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under infrastructure agreement attach to, and bind the owner of, the premises.

 
As indicated
 
Engineering
 
Timing
119)   Prescribed Tidal Work

The development and surrounding riverbank must be maintained in accordance with the approved drawings and documents.

Dry storage of boats on located on the prescribed tidal work must be limited to hoists or lift facilities designed for a single vessel, and must not include boat sheds or any other form of dry storage, unless otherwise shown on the approved drawings or documents.

 
At all times
 
Standard Advice
 
Timing
120)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

  

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
121)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003. This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

 

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

 

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
122)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action.

 
As indicated
 
123)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 



Permit to Which These Conditions Relate: DA - PA - Building Work
Activity(ies): Local heritage place
State heritage place
partial demolition
Stage: Stage 1 - Building work on a Queensland Heritage Place (Shafston House Proper)

General/Planning Requirements
 
Timing
124)   Infrastructure Agreement

Comply with the Infrastructure Agreement for 23 Castlebar Street, Kangaroo Point 2026, to the extent the responsibilities under the infrastructure agreement attach to, and bind the owner of, the premises.

 
At all times
 
125)   Further Approval

The Building Work approved by this Preliminary Approval does not permit development to be carried out and must not start until a Development permit issued for the Building Works has taken effect.

Note: This development approval does not infer assessment against any other part of City Plan 2014 or any applicable Code will necessarily be approved.

 
Prior to site/operational/building work commencing
 
Standard Advice
 
Timing
126)   Currency Period

The currency period for this development approval is stated in the Decision Notice and is expressed as a date.

  

This development approval lapses at the end of the currency period (the date stated in the decision notice) pursuant to section 85 of the Planning Act 2016.

 
As indicated
 
127)   Cultural Heritage

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003. This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.

 

The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

 

For further information contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

 
As indicated
 
128)   Damage to Trees on Adjoining Land

Please note that any damage caused to vegetation on adjoining land as a result of exercising this development approval may result in an offence under other legislation (e.g. Natural Assets Local Law) and/or civil action.

 
As indicated
 
129)   Referral Agency Requirements

The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letter dated 12 September 2025, reference 2412-43793 SRA.

 
As indicated
 

** End of Package **