council assessment panel meeting agenda · 2017. 9. 21. · council assessment panel meeting agenda...

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Council Assessment Panel Meeting Agenda Tuesday 03 October 2017 at 6pm Council Chambers, 401 Greenhill Road, Tusmore Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown, Patrick Trainor and Di Wilkins 1 APOLOGIES Nil 2 KAURNA ACKNOWLEDGEMENT The Presiding Member will take the opportunity to acknowledge the Kaurna people. 3 CONFIRMATION OF MINUTES Recommendation: That the minutes of the meeting held on Tuesday 05 September 2017 be taken as read and confirmed. 4 APPLICATIONS WITHDRAWN FROM THE AGENDA Nil 5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION PERSONS WISH TO BE HEARD (A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING) Nil (B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING) Nil (C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING) Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard. Report Number: 5721.1 Page: 5 Application Number: 180\0393\17 Applicant: Mr D Gold Location: 21 John Street EASTWOOD SA 5063 Proposal: Creation of additional dwelling (conversion of detached dwelling into semi-detached dwellings) including upper level additions with balconies and associated demolition of rear lean-to. Recommendation: Development Plan Consent be granted Representors: Brian & Colleen Magor 18 John Street, Eastwood (wish to be heard) Bramwell Portas 19A John Street, Eastwood (wish to be heard) 1

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Page 1: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Meeting Agenda

Tuesday 03 October 2017 at 6pm

Council Chambers, 401 Greenhill Road, Tusmore

Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown, Patrick Trainor and Di Wilkins

1 APOLOGIES

Nil

2 KAURNA ACKNOWLEDGEMENT

The Presiding Member will take the opportunity to acknowledge the Kaurna people.

3 CONFIRMATION OF MINUTES

Recommendation: That the minutes of the meeting held on Tuesday 05 September 2017 be taken as read and confirmed.

4 APPLICATIONS WITHDRAWN FROM THE AGENDA

Nil

5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – PERSONS WISH TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING)

Nil

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING)

Nil

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING)

Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard.

Report Number: 5721.1

Page: 5

Application Number: 180\0393\17 Applicant: Mr D Gold Location: 21 John Street EASTWOOD SA 5063 Proposal: Creation of additional dwelling (conversion of detached dwelling

into semi-detached dwellings) including upper level additions with balconies and associated demolition of rear lean-to.

Recommendation: Development Plan Consent be granted Representors: Brian & Colleen Magor – 18 John Street, Eastwood (wish to

be heard)

Bramwell Portas – 19A John Street, Eastwood (wish to beheard)

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Page 2: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017

Alison Preiss – 1 Bristol Street, Eastwood (wish to be heard)

Applicant: 5\173 Glenhuntly Road, Elwood VIC 3184

Report Number: 5721.2

Page: 21

Application Number: 180\0714\17Applicant: Mr T WilsonLocation: 5 Korra Avenue KENSINGTON GARDENS SA 5068Proposal: Alterations and additions to existing dwelling including deck,

detached garage and swimming poolRecommendation: Development Plan Consent be grantedRepresentors: 3/12 South Terrace, Kensington Gardens (do not wish to be

heard)

7 Korra Avenue, Kensington Gardens (wish to be heard)

Applicant: Po Box 55, Kapunda SA 5373

Report Number: 5721.3

Page: 33

Application Number: 180\0725\17Applicant: Con Bastiras ArchitectLocation: 102 Alexandra Avenue TOORAK GARDENS SA 5065Proposal: Three-storey detached dwelling incorporating basement garage,

lift and in-ground swimming poolRecommendation: Development Plan Consent be grantedRepresentors: Elizabeth French – 25 Grant Avenue, Toorak Gardens (wish

to be heard)

Ian and Lilian Henschke – 104 Alexandra Avenue, ToorakGardens (wish to be heard)

Mark and Bernadette Eckermann – 100 Alexandra Avenue,Toorak Gardens (wish to be heard)

Applicant: 13 Valmai Avenue, Kings Park SA 5034

Report Number: 5721.4

Page: 51

Application Number: 180\0754\17Applicant: Dechellis HomesLocation: 14 Talbot Street ERINDALE SA 5066Proposal: Single storey detached dwellingRecommendation: Development Plan Consent be grantedRepresentors: 2 Vauxhall Street, Erindale (wish to be heard)

Applicant: 170 Payneham Road, Evandale SA 5069

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Page 3: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017

6 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (NO HEARING)

Report Number: 5721.5

Page: 65Application Number: 180\0334\17Applicant: Glasshouse ProjectsLocation: 17 Bushy Park Drive AULDANA SA 5072Proposal: (Non-complying) Two-storey detached dwelling, swimming pool

and moss rock retaining wallsRecommendation: Subject to concurrence from the Development Assessment

Commission, that Development Plan Consent be granted.

7 CATEGORY 1 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

Nil

8 OTHER BUSINESS

Nil

9 ORDER FOR EXCLUSION OF THE PUBLIC FROM THE MEETING TO DEBATE CONFIDENTIAL MATTERS

That, pursuant to Section 56A(12) of the Development Act, 1993, the public be excludedfrom this part of the meeting of the City of Burnside Council Assessment Panel datedTuesday 03 October 2017 (with the exception of members of Council staff who are herebypermitted to remain), to enable the Panel to receive, discuss or consider legal advice, oradvice from a person who is providing specialist professional advice.

10 CONFIDENTIAL MATTERS

10.1 LEGAL MATTER APPEAL

Nil

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Page 4: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda

NOTES FOR THE READER

Purpose

The purpose of each report prepared for the Council Assessment Panel is to assist the applicant, those assessing the application and members of the public alike, to understand all of the relevant factors and considerations involved in the assessment of each particular development application.

Development Plan Assessment

Development in South Australia is regulated under the Development Act, 1993 and the Development Regulations, 2008.

This legislation requires Council, which is a relevant planning authority under this legislation, to assess most applications for development against the provisions of Council’s “Development Plan”.

The Development Plan is a policy document. The policy is formulated by the Council. It uses some “planning language” but is intended to form a useful and practical guide for the public and those responsible for the assessment of development. It is a practical policy document which the planning authority must apply to development assessment in a practical way.

When assessing development, the relevant provisions within the Development Plan are identified. The planning authority will then usually be required to consider whether those provisions speak for or against a proposed development. Quite often the assessment task will require the planning authority to weigh the “pros and cons” of a proposed development by reference to the relevant policies within the Development Plan.

The process involved in the assessment of each development application is contained within the above legislation. Depending on a variety of factors, including the nature of the development and the Zone within which it is proposed, applications may be classified as “complying”, “non-complying” or “merit” development. The classification of the application will determine the procedure to be followed under the legislation. Classification will also determine the public notification protocol, that is, whether the planning authority is able to provide public notification and if so, the extent of the public notification.

Representations

Representors will usually be provided with an opportunity to address the planning authority at its relevant meeting if they wish to be heard. In this case the relevant planning authority will hear and consider the representations prior to making its decision. It is the role of the planning authority to act as a mediator or arbitrator between representor(s) and applicant.

The reports prepared by the Council’s staff will not separately address the content of each representation, but rather will deal with relevant town planning issues raised in any representation, together with all other relevant considerations involved in the assessment of a proposed development.

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Page 5: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

DEVELOPMENT APPLICATION

Application Number: 180\0393\17

Applicant: Mr D Gold

Location: 21 John Street EASTWOOD SA 5063

Proposal: Creation of additional dwelling (conversion of detached dwelling into semi-detached dwellings) including upper level additions with balconies and associated demolition of rear lean-to.

Zone/Policy Area: Historic Conservation Zone

Policy Area 2 - Eastwood

Development Plan consolidated 08 December 2016

Kind of Assessment: Merit

Public Notification: Category 2

Three (3) representations received

Appeal Opportunity Applicant only, no third party appeal rights

Referrals – Non Statutory: Traffic Management Engineer

Heritage Consultant

Delegations Policy: Unresolved representations

Recommendation: Development Plan Consent be granted

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Development Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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Page 6: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

1. DESCRIPTION OF PROPOSAL

The Applicant seeks Development Plan Consent for the conversation of an existing single storey dwelling, which straddles two allotments, to form a pair of semi-detached two-storey dwellings on an existing residential allotment at 21 John Street, Eastwood. The proposed development generally maintains the façade of the existing dwelling, with proposed building work located towards the rear of the dwelling, and an upper level also located towards the rear of the site. Specifically the development includes the following:

Replacement of existing roofing to match existing; Demolish existing lean-to structure at rear of dwelling and carport; and Additions resulting in an additional dwelling and upper levels.

Each dwelling has a similar floor plan, with the exception of an internal court yard and a new entrance to the western side of Dwelling 2. Each dwelling floor plans comprise: Ground level:

2 bedrooms; Open kitchen/dining/living; Car parking spaces x2; and Roller door to rear boundary adjacent laneway.

Upper level:

Main bedroom; Walk-in-robe; Ensuite; Balcony; and 1.6m high privacy screen.

Vehicle access to the land is achieved via Bath Lane, located at the rear of the site.

2. BACKGROUND

Development Application 180\0393\17 was lodged with Council on 13 April 2017 by Mr D Gold. Pursuant to section 35(5) of the Development Act 1993, the application was determined to be assessed on merit against the provisions of the Burnside (City) Development Plan as Category 2 development in accordance with Historic (Conservation) Zone Principle of Development Control 26 – Dwelling (a) and (d), as the development will result in a dwelling that is 2 storey in height, and more than one dwelling within the area of the site of the development at the time the development is proposed. The application documents were made available for public viewing from 04 May to 18 May 2017 (inclusive), during which time Council received three (3) written submissions identifying concerns relating to traffic and parking, privacy, site coverage, private open space and the two-storey nature of the development. A copy of the representations was forwarded to the applicant, in addition to concerns relating to off-street car parking and overlooking, raised by Council planning and engineering staff. In response to the concerns raised, the applicant scheduled to meet with Council’s planning staff and traffic engineer, together with their planning consultant, heritage consultant and traffic engineers to discuss the representations and the need for sufficient off-street car parking in this locality.

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Page 7: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

The applicant provided a response to the representations, and also made amendments to the plans which resulted in 3 off-street car parking spaces (an additional space). With respect to the concerns raised by Council, planning staff were satisfied that the overlooking had been appropriately addressed, however both planning and engineering staff maintained that the proposed development should meet the off-street parking requirements, as stipulated in the Development Plan (2 spaces for each dwelling). The applicant’s team revisited the proposal and made further amendments so that the development contained 2 car parking spaces for each dwelling. The car parking layout was designed by CIRQA Engineering Consultants, and Council’s engineer reviewed the layout confirming it meets the relevant Australian Standards. In the words of the applicant’s planning consultant, the following amendments were made: The rear setback of the buildings has been increased by 710 centimetres to provide

additional space for cars to park in the rear yards and to increase the separation to the dwelling on the northern side of Bath Lane;

Obscure glazing to a height of 1.6 metres will be installed on the rear balconies to further reduce the potential for overlooking and to achieve compliance with Council Wide Principle of Development Control (PDC) 176;

The rear fence and roller doors have been further indented and splayed to improve vehicular access to and from Bath Lane;

The internal courtyard for dwelling 02 has been reduced in size and the internal layout of both buildings has been altered to enable a greater rear setback to be achieved; and

The proposed carports have been removed to provide additional private open space and to decrease the site coverage.

The application was also referred to Council’s independent heritage advisor, who provided heritage support for the application. It is also worth noting that development approval has been granted by Council for the removal of a Regulated tree located in the rear yard of the land (DA 180\0246\17). The application is now presented to the Council Assessment Panel as a Category 2 development with unresolved representations and a staff recommendation that Development Plan Consent be granted.

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land consists of a two parcels of land described as allotments 2 and 3 in Deposited Plan 723 in the area named Eastwood within the Hundred of Adelaide, as recorded in Certificate of Title Volume 5809 Folio 246 and Volume 5921 Folio 482. The subject land is wholly contained within the Historic Conservations Zone and more specifically, Historic Conservation Policy Area 2 – Eastwood. The subject land is regular shaped and located on the northern side of John Street with a combined frontage measuring 12.19m and a depth of 27.43m. The total area of the land measures some 334.37m2 and is relatively flat. The land currently contains a single-storey bluestone Asymmetrical Cottage style dwelling built circa 1880. The dwelling includes a front verandah located within 1m of the frontage

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Page 8: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

of the land, similarly to existing dwellings within the locality. The existing dwelling is also identified as a Contributory Item on Fig HCPA/2 in the Burnside (City) Development Plan.

3.2. Locality

The locality comprises the streetscape of John Street, where it meets a bend in the road some 100m to the east of the subject land, and where it meets Glen Osmond Road to the west, abutting the Business Glen Osmond Zone. Bristol Lane, Bath Lane and Bath Street also form part of the immediate locality. Within this locality most allotments contain dwellings that are identified as Contributory Items, and 3 are identified as Local heritage places, one of these located on the adjoining land to the east at 23 John Street. The proximity of dwellings to front boundaries, the narrow road and footpaths create an intimate streetscape. Dwellings within the locality are generally single storey in height, with narrow set-backs to side boundaries. Garaging is located at the rear of sites, accessed via rear laneways. The existing built form extends itself across a large span over residential allotments, resulting in high site coverage and minimal private open space to occupants.

4. KIND OF ASSESSMENT

Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

5. PUBLIC NOTIFICATION

Category: Category Two Reason: Historic Conservation Zone Principle of Development Control 26 Cut / Fill: The subject land is flat and does not result in introduced fill to

the site or excessive excavation. Representations Received: Brian & Colleen Magor – 18 John Street (wish to be heard)

Bramwell Portas – 19A John Street (wish to be heard) Alison Preiss – 1 Bristol Street (wish to be heard)

Third Party Appeal Opportunity: No

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

6. AGENCY REFERRALS

Internal agency referrals are provided as an attachment to the Panel.

7. EXECUTIVE SUMMARY

7.1. Land Use

The subject land is residential land within the Historic Conservation Zone of the Burnside (City) Development Plan. The proposal seeks to continue the residential use of the land in accordance with the primary objectives of the Historic Conservation Zone.

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Page 9: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

The proposed development seeks to convert an existing detached dwelling into semi-detached dwellings, which is consistent with the primary Objectives for the Historic Policy Area and is therefore not considered to be seriously at variance with the policies of the Development Plan in this respect. The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The Historic Conservation Zone seeks the conservation and enhancement of the relevant Policy Area, which in this instance is identified as Historic Conservation Policy Area 2 – Eastwood (HCPA 2). The Established Historic Character statement for HCPA 2 describes the character as being derived from original subdivision of the 1880s, comprising ‘worker’s houses’ in the form of single fronted, semi-detached and row dwellings. It recognises the position of dwellings in proximity to front and side boundaries, and on small narrow allotments. The immediate streetscape presentation of the dwelling respects the existing streetscape character. The proposed development maintains the original dwelling façade, including the side elevations of the cottage. Whilst the existing roof of the dwelling and front verandah will be replaced, upon completion it will present identically to the street, albeit in improved condition. The existing location of the front door will remain in situ and serve as the entry for Dwelling 1. The proposed entry for Dwelling 2 is set-back from the façade, and the dwelling façade of the adjoining dwelling, to ensure it is not a prominent feature of the building façade. The entry is set-back 1.4m, 3.3m and 4.1m from the existing dwelling façade, front verandah, and front boundary respectively, ensuring the portion of the dwelling that contributes to the existing historic character is not concealed. The setback of the entry to Dwelling 2 also reinforces the presentation of the existing façade as that of a single dwelling. Whilst the proposed development includes a two-storey element designed using contemporary architectural expression, it is located sufficiently behind the ridgeline of the existing roof some 13m from the front boundary. Furthermore, the upper level façade comprises large window openings, adjacent the internal stairwell and ensuite, and sits only 1.5m above the height of the existing roof ridgeline, with the remainder of the upper level extending minimally in height as it nears the rear boundary. As such, the proposed upper level component of the built form is not considered to negatively impact on the existing historic streetscape character. The subject land historically formed two separate allotments, with one dwelling occupying the area. Whilst most single dwellings within the locality occupy one allotment, there are other examples of one dwelling occupying two allotments. These include 3 John Street, 5 John Street, 7 John Street, 17 John Street and 27 John Street. The Policy Area recognises an irregular pattern of subdivision within this locality. Allotments are typically small and narrow, however some exhibit a moderate size and wider frontage. The existing allotments, subject of this assessment, entail an approximate frontage measuring 6m each to John Street, totalling 12.19m. This application will also require boundary realignment, resulting in allotment frontages measuring 5.6m and 6.59m. Such frontage widths are consistent with many narrow allotments containing single fronted cottages on John Street. In any event, the general appearance of the existing dwelling as viewed from John Street will be unchanged, such that the realignment will

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Page 10: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

have a benign visual impact. Given this, the proposed boundary realignment will not negatively impact on the historic streetscape character. Rather than expressing a quantitative setback measurement from side and rear boundaries, principle of development control 20 of the Historic Conservation Zone encourages dwelling additions, and/or new dwellings, to display set-backs from property boundaries that demonstrate a level of consistency with adjacent State and Local Heritage places and Contributory Items. The Policy Area Established Historic Character statement recognises reduced front and side boundary set-backs forming part of the intimate scale and character of this locality. It is common for dwellings to be positioned on side boundaries, with little to no set-back. The proposed development will maintain the existing side set-back to the eastern boundary at the front of the dwelling. The addition of the pedestrian entry to the western side of the existing dwelling will be set-back from the façade of the dwelling, and behind the façade of the neighbouring building which is located on the common side boundary. This ensures that the existing pattern of space between the buildings will appear as per the existing situation. Council’s heritage advisor has been engaged throughout the assessment process and is satisfied that the development, in its current form and as presented to the Panel, is an appropriate architectural design outcome within the context of the locality. It is considered to conserve and enhance the established historic character as described in HCPA 2 and as such is an acceptable approach to revitalising and improving the economic viability of the site, whilst maintaining the heritage value of the original dwelling.

On balance, the overall design and siting of the proposed dwelling is considered to be appropriate within the context of the locality in terms of the scale, height, form, style and materials. Having assessed the proposed plans, position of adjoining buildings and historic patterns of space between buildings and property boundaries, the proposed development is considered to be an acceptable form of development for the subject land and locality when tested against the relevant provisions of the Burnside (City) Development Plan.

7.3. Site Functionality

Historic Conservation Policy Area 2 – Eastwood (HCPA 2) principle of development control 7 seeks for all buildings on the site of a dwelling, not including pergolas or landscaping structures, to occupy up to 50% of the site of the dwelling. Council wide principle of development control 165 (c) seeks the total building floor area of a dwelling to also occupy not more than 50% of the site. Whilst the ground floor site coverage measures 57%, and together with the upper floor level measuring over 86% of the site, the overall roofed area of each dwelling is less than the roofed areas found on most allotments within the locality. The proposed site coverage, whilst it exceeds Development Plan quantitative guidelines, it is not inconsistent with the character of the locality and as such is considered acceptable. The subject land is optimally orientated such that the proposed internal living areas, together with rear balconies, will receive northern sunlight access. Due to the necessity of providing 2 off-street car parking spaces at the rear of each dwelling, private open space at ground level is limited. In the event future occupants do not own vehicles, the area at the rear of each dwelling can be used for additional private open space. Although the development will provide a low amount of private open space to future occupants, this is not uncharacteristic of the locality.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

Council’s planning staff and engineering staff maintained their position on the developments requirement to achieve 2 off-street car parking spaces on each site due to existing significant on-street car parking congestion. John Street has a narrow width measuring approximately 6.8m. For cars to legally park on both sides of John Street, a 3m clearance is required between these cars to enable passing vehicles. The width of the road, therefore, does not allow for vehicles to park on both sides of the road at any one point and maintain a 3m clearance. Compounding the vehicle congestion within this locality is the high number of vehicle permits (72) as compared to actual available on-street car parking spaces (52). The application (as amended) now allows for 2 car parking spaces at the rear of each dwelling, such that relevant Development Plan provisions are satisfied. With regard to impacts external to the subject land, the north/south orientation of the land, together with the proximity of adjoining buildings located on the common boundary, confirms that shadows cast by the dwellings will predominantly be upon the roofing of the subject land and adjoining land. The relevant guidelines with respect to acceptable levels of overshadowing will be satisfied. To ensure the proposed balconies located at the rear of each dwelling do not unreasonably impact on the privacy of adjoining residents, a 1.6m high privacy screen is proposed on the northern elevation of the balconies. Together with the full-length side walls to the east and west elevations of the balconies, the development includes appropriate privacy measures.

7.4. Public Notification

Council received three (3) written submissions during the public consultation period, all of whom expressed concerns with the development and indicated a desired to appear before the members of the Panel to make a verbal submission. While the members of the Panel are urged to review each of the written submissions which are attached to this report, the primary concerns of the representors can be summarised as concerns regarding the two-storey built form, overlooking from balconies, on-site car parking shortfall, and location of air conditioning units. In response to the matters raised by planning staff and representors, the applicant sought a meeting with Council’s planning staff and engineer in order to better understand where the proposal was deficient with respect to the Burnside (City) Development Plan and to engender a positive design response to the expressed concerns. Amended plans were later provided by the applicant that included the following changes to the development:

Increase to rear set-back of the dwellings; Provision of four on-site car parks which satisfies the requirements of the

Development Plan; Obscure glazing screen to a height of 1.6 metres to the rear balconies; Further indent the roller doors on the rear boundary to improve vehicular access

from Bath Lane; and Removal of the proposed carports to reduce site coverage.

The amended plans and the response prepared by ‘ekistics’ (the applicant’s planning consultant) adequately addresses the concerns raised by the representors, including the concerns raised by Council staff.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

7.5. Agency Referrals

Although no statutory referrals were required under Schedule 8 of the Development Regulations 2008, planning staff sought internal advice from Council’s Technical Officer to assist in determining the suitability of the development against certain provisions of the Development Plan concerning vehicle access and manoeuvrability and stormwater management.

The application was also referred to Council’s independent heritage advisor to determine the proposals impact on the existing historic streetscape character, the existing Contributory Item dwelling, and the developments potential to impact on the adjoining Local heritage place.

7.6. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan;

2. Development Application 180\0393\17, by Mr D Gold is granted Development Plan Consent subject to the following conditions:

Conditions

1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

2. The frameless glass balustrade to the rear elevation of the balconies as depicted on the stamped and approved plans granted Development Plan Consent described as 'north elevation: proposed' elevation shall be fixed and fitted with obscure glazing to a height of at least 1.6m and shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason: To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

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Page 13: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

Additional Advisory Notes Engineering Requirements Stormwater Detention

Due to the significant increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:

The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that: An additional detention storage of 1,000Ltrs be provided in addition to the standard

1,000Ltrs retention tank provided; and The development utilises permeable paving for the proposed external paving work

within the development site. Stormwater Discharge

The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from the roof catchment shall be discharged to the street water

table through a sealed system to the satisfaction of the Council.

RECOMMENDING OFFICER

Theresa James Development Officer – Planning

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Page 14: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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Page 15: Council Assessment Panel Meeting Agenda · 2017. 9. 21. · Council Assessment Panel Meeting Agenda . Tuesday 03 October 2017 at 6pm . Council Chambers, 401 Greenhill Road, Tusmore

Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.1

APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Historic Conservation Zone Policy Area 2 Objectives: Established Historic Character Eastwood was largely built-up in the 1880s in an irregular pattern of subdivision with many worker's houses in the form of single-fronted, semi-detached and row dwellings. The interior of Eastwood retains most of its original housing stock and has an intimate scale, with pocket parks and bluestone kerbing. Many residences are built to the street and side boundaries, on small narrow allotments.

The Established Historic Character of Historic Conservation Policy Area 2 – Eastwood derives from: (a) late 19th Century single-fronted, semi-detached and row dwellings; (b) small single and double fronted worker houses on narrow allotments deriving from traditional subdivision

patterns.

Objective 1: Development that conserves and enhances the Established Historic Character.

Objective 2: Development accommodating detached and semi-detached dwellings and row dwellings.

Objective 3: Maintenance and enhancement of the low scale, medium density residential character.

Objective 4: The establishment of single-storey dwellings.

Principle 6: Any site for the accommodation of a semi-detached dwelling or row dwellings should be not less than 350 square metres and should have a frontage to a public road of not less than eight metres.

Principle 7: Other than pergolas or landscaping structures, all buildings on the site of a detached dwelling, semi-detached dwelling or row dwelling should not occupy more than 50 percent of the site of that dwelling. Subject:

DP Ref Assessment:

Desired Land Use O 2-3 Satisfied.

The existing and lawful residential use of the land is to be maintained by the proposed development which seeks to construct a detached dwelling.

Local Compatibility O 1&4 PDC 2-4

Satisfied. Although two-storeys in height, the development is designed in a

manner that retains the existing Contributory Item dwelling positioned towards the front of the subject land.

The retention of the original appearance of the eaves and cornices is an acceptable solution in creating a party wall.

The bulk and scale of the proposed two-storey element is sufficiently set-back from the front boundary of the land, with the top (highest) portion of the skillion addition towards the rear laneway, reducing its visual impact on the John Street streetscape;

The set-back of the side entrance maintains a pattern of space between the development and the adjoining land to the west;

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The removal of the carports located at the rear of the site reduces the overall dwelling footprint of the development.

Site Areas and Frontages PDC 6

Whilst the site area and frontages associated with each allotment falls short of the Policy Area guidelines, the land currently comprises 2 allotments which are well below guidelines.

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Summary of Historic Conservation Zone Objectives and Principles

Primary Historic Conservation Zone Objectives:

Objective 1: The conservation and enhancement of the historic character of the relevant Policy Area.

Objective 2: The retention and conservation of land, buildings, outbuildings, structures, and landscape elements that contribute positively to the established historic character of a Policy Area.

Objective 3: Development accommodating those housing types which are compatible with the historic character of the zone.

Objective 4: Development which conserves and enhances the historic character of the relevant Policy Areas of the zone, in terms of: (a) overall and detailed design of buildings; (b) dwelling type and overall form; (c) allotment dimensions and proportions; (d) placement of buildings on the allotment and alignment to the street; (e) layout of the site and the type and height of fencing; (f) streetscapes, verge treatment and street planting; and (g) curtilages and garden areas.

Objective 5: A zone where the majority of the existing housing stock is maintained through the retention of items which contribute positively to the character of the Policy Areas, and the number of dwellings is increased primarily through: (a) the replacement of dwellings that are not identified as contributory items, and (b) the appropriate development of vacant sites.

Subject: DP Ref

Assessment:

Zoning and Land Use O 1-5 PDC 1-2, 4-5

Satisfied.

Refer to policy area comments. Building Appearance O 2 - 4 PDC 2, 4, 6-8, 16-18

Satisfied. The overall presentation of the built form on the land will remain

consistent with the existing building. Whilst the roof will be replaced and enable the inclusion of a party wall, the aspects of the dwelling which contribute to the historic character will remain largely unchanged;

The two-storey element is set-back behind the existing building alignment, such that the repetitious quality evident within this streetscape is maintained;

The two-storey component is purposefully positioned away from the aspects which form part of the Local heritage place listing associated with the dwelling on the adjoining land;

The highest element of the two-storey addition is positioned towards the rear of the land and measures a maximum of 6.6m above the ground level;

The streetscape perspectives highlight the limited visibility of the upper level component as viewed from John Street.

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Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 55: Safe, pleasant, accessible and convenient residential areas.

Objective 57: Medium and high density residential development in areas close to activity centres, public and community transport and public open spaces.

Subject:

DP Ref Assessment:

Zoning and Land Use

O 52–60 Satisfied.

Building Set-backs PDC 161–163 *Note – unless prescribed in part of a zone

Satisfied. HCZ PDC 20 prescribes how new buildings should respond to

property boundaries. Private Open Space PDC 166, 169 Departure.

Whilst the lack of private open space is acknowledged, Council considers the provision of off-street car parking a more important factor when balancing development potential for the site. The lack of private open space is characteristic of residences within the locality, and as such whilst the quantitative guidelines are not satisfied, the character of the locality is not disturbed by this factor.

Lack of garaging enables the rear portion of the land to be used as private open space should future residents not require 2 on-site car parking spaces.

Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

Satisfied.

Privacy PDC 22, 174–176 Satisfied.

The inclusion of 1.6m high privacy screening to the balconies ensures direct overlooking onto adjoining land is negated. The south elevation windows (to the façade of the upper level) are located adjacent the internal stairs and include a high level ensuite window such that overlooking onto adjoining land from these windows is not direct.

Access and On-Site Car Parking PDC 177–182

Satisfied.

The Development Plan requires 2 off-street car parking spaces on the site of each dwelling. There is no requirement that these spaces be covered. These areas will be secured by virtue of the proposed roller doors to the rear laneway.

Access to Sunlight PDC 21, 183–186 Satisfied.

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APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed 01 Proposed 02 Guideline

Site Area 154m2 180m2 350m2

Street Frontage 5.6m 6.59m 8m

Design Characteristics Proposed Guideline

Site Coverage - Ground floor area 57% 57.5% 50% - Total floor area 90% 86.8% 50%

Building Height - storeys 2 storeys 2 storey - metres 6.6m 9m

Set-backs Lower Level - front boundary 0.8m (existing porch)

4.1m (proposed entry D 02) N/A

- side boundary 1m – (Dwelling 01) 1.83m – (Dwelling 02)

Historic (Conservation) Zone Principle of Development Control 20 “Front, side and rear set-backs of new buildings from allotment boundaries should be consistent with adjacent State Heritage Places, Local Heritage Places and Contributory Items and with the existing historic character of the Policy Area.”

- rear boundary 8.25m – (Dwelling 01) 7m – (Dwelling 02)

Upper Level - front boundary 13m N/A - side boundary 0m Historic (Conservation) Zone

Principle of Development Control 20 “Front, side and rear set-backs of new buildings from allotment boundaries should be consistent with adjacent State Heritage Places, Local Heritage Places and Contributory Items and with the existing historic character of the Policy Area.”

- rear boundary 5.4m

Boundary Wall - length 8.4m 16m 8m - height Up to 6.6m Up to 6.6m 3m

Private Open Space - percentage <50% (9m²) 50% - dimensions 1.5m x 5.6m 5m x 8m

Car Parking and Access - number of parks 2 x per dwelling 2 per dwelling

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.2

DEVELOPMENT APPLICATION

Application Number: 180\0714\17

Applicant: Mr T Wilson

Location: 5 Korra Avenue KENSINGTON GARDENS SA 5068

Proposal: Alterations and additions to existing dwelling including deck, detached garage and swimming pool

Zone/Policy Area: Historic Conservation Zone

Historic Conservation Policy Area 9 – Kensington Gardens (Reserve)

Development Plan consolidated 30 May 2017

Kind of Assessment: Merit

Public Notification: Category 2

Two (2) representations received

Appeal Opportunity Applicant only, no third party appeal rights

Referrals – Non Statutory: Local Heritage Consultant

Delegations Policy: Unresolved representations

Recommendation: Development Plan Consent be granted

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Development Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.2

1. DESCRIPTION OF PROPOSAL

The Applicant seeks Development Plan Consent for the following:

Alterations and additions to the existing dwelling comprising modifications and additions to side and rear of dwelling;

Infill of existing swimming pool and construction of new swimming pool; Verandah and decking; and Detached garage

2. BACKGROUND

Development Application 180\0714\17 was lodged on 13 July 2017 by Mr T Wilson on behalf of the registered owners of the land. Pursuant to section 35(5) of the Development Act 1993, the current application for consideration was determined to be assessed on merit against the provisions of the Burnside (City) Development Plan as Category 2 development in accordance with Historic (Conservation) Zone principle of development control 26 – Outbuilding (b). The application documents were made available for public viewing between 1 August 2017 and 15 August 2017, during which time two (2) representations were received, identifying concerns relating to boundary development, site works, noise nuisance, privacy and boundary fencing. Council planning staff attended a site inspection at the subject land and with the representor at 3/12 South Terrace, who subsequently withdrew their representation in writing. The proposal is now presented to the Panel as a Category 2 development with unresolved representations and a staff recommendation of consent subject to conditions.

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land is an ‘L’ shaped allotment measuring some 1655m² with a single frontage to Korra Avenue measuring 21.47m. The land is occupied by a 1920’s two-storey detached return verandah villa, which has undergone extensive additions to the rear in the past. The dwelling is identified as a Contributory Item within the Historic Conservation Zone, as identified in Fig HCPA/9 of the Burnside Development Plan. The land at present also includes an in-ground swimming pool, unused tennis court and associated fencing.

3.2. Locality

Whilst the subject land is located wholly within the Historic Conservation Zone, more specifically, Policy Area 9 – Kensington Gardens (Reserve), it borders the Residential Zone, Policy Area 7 (Greater Kensington Gardens) to the south and east of the site. As such, the locality includes land located in both the Historic Conservation Zone and the Residential Zone. The locality is such that those properties within the Historic Conservation Zone are typically large dwellings from the initial period of development in the early 20 th Century. These dwellings are both one and two storey in building height, generally with intact detailing, landscaped gardens and substantial mature trees contributing to the high quality streetscape character. The locality also includes dwellings constructed of later periods, including group dwellings and a number of residential flat buildings, some interspersed

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within the heritage fabric, however seen more commonly south of the subject land, primarily within those parts of the locality that are situated in the Residential Zone.

4. KIND OF ASSESSMENT

Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

5. PUBLIC NOTIFICATION

Category: Category 2 Reason: Historic Conservation Zone, Principle of Development Control

26(b) Cut / Fill: The proposed dwelling additions maintain the floor level

illustrated by the existing dwelling. The proposed outbuilding is situated on lower ground level and as such includes a lower floor level than the dwelling, responding to the natural slope of the site.

Representations Received: 3/12 South Terrace, Kensington Gardens (do not wish to be heard)

7 Korra Avenue, Kensington Gardens (wish to be heard) Third Party Appeal Opportunity: No

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

6. AGENCY REFERRALS

Internal agency referrals are provided as an attachment to the Panel.

7. EXECUTIVE SUMMARY

7.1. Land Use

In relation to the current proposal, the following comments are made: The subject land is an existing residential allotment within the Historic Conservation

Zone, and more specifically, Historic Conservation Policy Area 9 – Kensington Gardens (Reserve);

The proposal seeks to continue the lawful residential use of the land via alterations and additions to the existing dwelling on the land; and

The proposal has regard to the relevant provisions of the Burnside (City) Development Plan and is not considered to be seriously at variance in this respect.

The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The Established Historic Character statement for HCPA 9 describes the character as being derived from the large number of residences dating from the suburbs original period of subdivision during 1912. Dwellings located in proximity to ‘the Park’ (Kensington Gardens Reserve) are typically larger. Many large Gentlemen’s Bungalow style dwellings formed the established historic character, with rock face and face brick walls and

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expansive verandah elements across dwelling frontages typifying the predominant architectural features of this area. The proposed dwelling additions are generally located behind the existing dwelling, with the exception of the proposed addition to the southern side of the dwelling comprising the ensuite. The external wall associated with the ensuite comprises face brick walls to match the existing dwelling, and high level windows that will sit beneath the existing front verandah roof. The overall presentation of the dwelling will remain largely unchanged, and the development is not expected to impact on the existing streetscape quality. The development located at the rear of the dwelling comprises modest additions that maintain the existing floor level. The roof pitch is much lower than the existing dwelling, however due to its location at the rear of the dwelling; these elements will not be visible from the streetscape. The reduced vertical profile of the additions will, however, aid in reducing visual amenity impacts as viewed from adjoining properties. The proposal also includes a small upper level addition, maintaining an ‘in-roof’ profile, increasing the length of the existing upper level by 1.5m towards the west. The existing rear elevation of the upper level includes a clear window with an external blind shielding the window form western sun. The proposed addition seeks to maintain the clear glazing to the rear bedroom window. The extent of overlooking from the subject window is expected to be identical to existing circumstance. As such, this addition will not exacerbate existing overlooking conditions. Should the Panel feel uncomfortable with the clear glazing to the rear window, they could apply a condition of planning consent requiring fixed obscure glazing to a height of 1.6m, as per privacy guidelines within the Development Plan. The southern side elevation of the upper level also includes a new bathroom window with a sill height of 1.2m. Given no window currently occupies this position on the side elevation of the upper level, and it lays directly adjacent the neighbours’ private open space, a condition of planning consent has been imposed regarding this window. As the window is associated with a bathroom, the condition relating to this window is flexible , so that the applicant can elect either a fixed and obscure window up to 1.6m above the floor level, or an obscure window with a restricted winder should they wish for the window to allow ventilation. Either selection will ensure the privacy of neighbours to the immediate south is not compromised by virtue of the new upper level window. The proposed dwelling additions will generally maintain the appearance of the dwelling as viewed from the street, such that the existing historic streetscape is maintained. The proposed development is considered to be an acceptable form of development for the subject land and locality when tested against the relevant provisions of the Burnside (City) Development Plan.

7.3. Public Notification

Council received two (2) written submissions during the public consultation period, who expressed a desire to appear before the members of the Panel to make a verbal submission. The matters raised by the representors are summarised below:

Prefer for new outbuilding (garage) to measure 3.5m in height and to be of personal colour preference;

Security fencing to be installed during construction; Reduction in height of boundary wall located on common boundary shared with 7

Korra Avenue; Clarification on colour of boundary wall;

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Concerned with structure stability of land due to swimming pool excavation; South elevation upper level window overlooks adjoining land; and Clarification sought on boundary fencing on common boundary.

Whilst the resident located on the land adjacent the proposed outbuilding (to the north of the subject land) preferred a higher boundary wall than proposed, Council expressed concerns with increasing the height given the lower ground level on that neighbours’ land. As such the 3.2m wall height has been maintained. Both Council staff and the Applicant viewed the subject boundary from the neighbours’ land and established that the height of the garage wall will be similar as the existing chain wire fence and vegetation. The neighbour was satisfied with this height and subsequently withdrew their representation. The Applicant responded to the concerns raised by the Representor from 7 Korra Avenue, providing the following comments:

The national construction code requires the stability of adjoining properties to be maintained when the constriction is occurring and the builder is required to ensure the stability of the adjoining land;

The Engineer will specify retaining capabilities of the footing if required, which is a standard details;

The pool pump and equipment must comply with the EPA permissible noise levels, which the licensed pool contractor who supplies and installs it must adhere to;

Council requires the bottom of the new window to be installed 1600mm above the floor level and this will be complied with;

The existing bedroom window will remain but the glass will be replaced with translucent glass; and

Where the building work will occur on the boundaries we will need to remove the fencing to those areas only. We will install temporary fencing to ensure the security is maintained. The remaining fencing will remain and be attached to the brick walls when they are complete.

7.4. Agency Referrals

Internal advice was sought from Council’s Heritage Consultant regarding the proposed development. The proposal was deemed an acceptable outcome for the subject land and locality with respect to heritage conservation, and the following points were highlighted:

The proposed additions will be well hidden from any public views or by neighbouring properties; and

No heritage concerns noted.

7.5. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

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2. Development Application 180\0714\17, by Mr T Wilson is granted Development Plan Consent subject to the following conditions:

Conditions

1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

2. The proposed upper level bathroom window illustrated on the south elevation as depicted on

the stamped and approved plans granted Development Plan Consent shall be either fixed and obscured up to 1.6m above the floor level, OR fitted with obscured glazing up to 1.6m above the floor level with restricted winders allowing an opening of no greater than 20cm as measured from the bottom sill of the window.

The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason: To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

RECOMMENDING OFFICER

Theresa James Development Officer– Planning

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.2

APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Historic Conservation Policy Area 9 Objectives:

Established Historic Character: 20th Century date of establishment. The suburb of Kensington Gardens was created through the subdivision of parts of Sections 270, 271 and 2040. The allotments were set out around the Kensington Gardens Reserve, originally known as Pile's Paddock. The first sale of land in the subdivision of Kensington Gardens was held in 1909 through a company known as Kensington Gardens Limited, whose chairman was Henry J. Holden, the Mayor of Kensington and Norwood Council at the time. The land was sold incrementally from the time of initial subdivision, and by 1912 more than half of the allotments had been sold. The prime real estate was the allotments facing the Park, on the streets known as North, South, East and West Terrace. North Terrace later became consistently named The Parade. The allotments closest to the Park were larger than those to the north of North Terrace (The Parade). The Established Historic Character of Historic Conservation Policy Area 9 – Kensington Gardens (Reserve) derives from:

(a) the many large houses from the initial period of development in the early 20th Century, which are one and two storey, generally with intact detailing. This includes the State Heritage Place at 40 East Terrace, formerly the home of E W Holden;

(b) the consistent design idiom of the 'gentlemen's bungalow' form using terra cotta Marseilles tiled pitched roofs, often with ridge cresting, rock faced stone or face brick walls, expansive verandahs, incorporation of second storeys into the roof form and other typical design elements;

(c) the landscaped quality of the street frontages with substantial, mature trees, generally white cedars and eucalypts, and wide grassed verges, establishing the streetscape character;

(d) the focus of residential development of the central reserve with the houses along the Terraces addressing the substantial Kensington Gardens reserve;

(e) the consistent row of 1914-16 houses in Brigalow Avenue, all of similar modest scale, materials and detailing, which provide an additional significant grouping of early twentieth century dwellings in the subdivision, and were constructed by the Ferro Concrete Company of South Australia;

(f) the distinctly Australian character of the Kensington Gardens reserve with informal areas of natural vegetation, groupings of mature eucalypts and the creek line, as well as more formally sited sporting facilities scattered throughout;

(g) the open banks and channel of Stonyfell Creek; (h) continuous fencing or hedging along the street frontages, which varies from low open masonry fencing

to higher brushwood or masonry walling. Some original masonry and iron fences survive. Some of the large houses retain Cypress hedges. Duranta repens hedges are common. Due to the substantial set-back of the houses, the area retains an openness and attractive visual quality with a high degree of pedestrian amenity.

Objective 1: Development that conserves and enhances the Established Historic Character.

Objective 2: Development accommodating detached dwellings on large allotments.

Objective 3: Maintenance and enhancement of the low scale, low density residential character. Subject:

DP Ref Assessment:

Desired Land Use O 1 Satisfied.

Local Compatibility

PDC 2-4 Satisfied.

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The proposed dwelling additions maintain the general appearance of the dwelling as viewed from the street. The material selection to the dwelling façade is consistent with existing fabric, which is also complementary to the existing built form environment.

Building Set-backs PDC 6

Satisfied.

Site Coverage

PDC 7 Satisfied.

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Summary of Historic Conservation Zone Objectives and Principles

Primary Historic Conservation Zone Objectives:

Objective 1: The conservation and enhancement of the historic character of the relevant Policy Area.

Objective 2: The retention and conservation of land, buildings, outbuildings, structures, and landscape elements that contribute positively to the established historic character of a Policy Area.

Objective 3: Development accommodating those housing types which are compatible with the historic character of the zone.

Objective 4: Development which conserves and enhances the historic character of the relevant Policy Areas of the zone, in terms of: (a) overall and detailed design of buildings; (b) dwelling type and overall form; (c) allotment dimensions and proportions; (d) placement of buildings on the allotment and alignment to the street; (e) layout of the site and the type and height of fencing; (f) streetscapes, verge treatment and street planting; and (g) curtilages and garden areas.

Subject:

DP Ref Assessment:

Zoning and Land Use O 1–4 PDC 1-5

Satisfied.

Building Appearance PDC 6-15

Satisfied.

Building Additions PDC 16-18 Satisfied.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.2

Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 52: A compact metropolitan area.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

Subject: DP Ref

Assessment:

Zoning and Land Use O 52–60 Satisfied.

Private Open Space PDC 166, 169 Satisfied.

Privacy PDC 22, 174–176 Satisfied.

Whilst the proposed development includes a small extension to the existing upper level, only one new window is proposed to the southern side elevation. The new window is subject to privacy treatment, as per a condition of planning consent.

Access to Sunlight PDC 21, 183–186 Satisfied.

Domestic Outbuildings PDC 187–189 Satisfied.

Boundary Development PDC 161 Departure.

The proposed development includes a boundary wall on the northern side boundary associated with the proposed outbuilding, adjoining the common boundary with 3/12 South Terrace. This wall entails a length of 9.18m and a wall height of 3.2m. The rear pantry additions and outdoor entertaining area are located on the eastern boundary, adjoining the rear boundary of 7 Korra Avenue. This wall spans for a length of 7.4m along the boundary, and entails a wall height of 3m.

Only the northern outbuilding wall exceeds Development Plan guidelines (8m wall length and 3m wall height), with the proposed length and height exceeding guidelines by 1.18m and 200mm respectively. These departures are considered minor, and given their location on the adjoining neighbours’ southern boundary, the wall will not cause any overshadowing to the private open space on that land.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

DEVELOPMENT APPLICATION

Application Number: 180\0725\17

Applicant: Con Bastiras Architect

Location: 102 Alexandra Avenue TOORAK GARDENS SA 5065

Proposal: Three-storey detached dwelling incorporating basement garage, lift and in-ground swimming pool

Zone/Policy Area: Historic Conservation Zone

Policy Area 6

Development Plan consolidated 30 May 2017

Kind of Assessment: Merit

Public Notification: Category 2

Three (3) representations received

Appeal Opportunity Applicant only, no third party appeal rights

Referrals – Non Statutory: Traffic Management Engineer

Tree Management Officer

Independent Heritage Consultant

Delegations Policy: Unresolved representations

Recommendation: Development Plan Consent be granted

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Development Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

1. DESCRIPTION OF PROPOSAL

The Applicant seeks Development Plan Consent for the construction of a three-storey detached dwelling on an existing residential allotment at 102 Alexandra Avenue, Toorak Gardens. Whilst the proposed dwelling is technically three stories, the dwelling presents as a two-storey dwelling at street level due to a basement level some 2.5m below the existing ground level. All three floors are serviced by a lift and stairs. Specifically, the dwelling contains the following features: Basement level:

Four car garage including manoeuvring area enabling vehicles to exit in a forward motion;

Theatre room; Gym room; and Retaining walls to cater excavation.

Ground level:

Entry; Front portico; Guest bedroom including robe and ensuite; Study; Family room; Open kitchen/dining/living; Lavatory; Laundry; Outdoor BBQ area and outbuilding; Swimming pool; and Front fence.

Upper level:

Main bedroom with large robe, ensuite and small balcony to front of dwelling; Three bedrooms; Open family/living area; and Bathroom.

Vehicular access to the land is to be achieved via the existing crossover to Alexandra Avenue, which is located at the north-eastern corner of the property.

2. BACKGROUND

Development Application 180\0725\17 was submitted in July 2017 by Mr Con Bastiras on behalf of the registered owner of the land. In June 2016 an application for a similar dwelling was submitted to Council. It was presented to the Council’s Development Assessment Panel (DAP) at its March 2017 meeting with a recommendation that planning consent be granted, with both the Council Planner and the independent Heritage Advisor supportive of that application. Notwithstanding the supportive recommendation, the DAP refused the application as it believed the proposal generally did not conserve or enhance the established historic character of the policy area in terms of its overall form and relationship to existing buildings.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

The owner of the land appealed the decision of DAP in the Environment Resources and Development Court (ERDC). Prior to appearing at the ERDC for a preliminary conference, the Applicant submitted compromise plans to the DAP at its May 2017 meeting, in anticipation of addressing the reasons for refusal. The compromise was not supported by the DAP and as such the matter is in abeyance pending the outcome of this application presented to the October 2017 Council Assessment Panel (CAP) meeting. The following amendments, as described by the Applicant, have been made to the current application subject of this assessment, as compared with the original application that was refused by the DAP: The overall length of the building has been reduced by 400mm (on all levels);

The masonry component of the front fence has been deleted with the fence now being of metal bar construction with a hedge to be planted across the entire frontage;

A pitched roof element has been introduced to the very front masonry verandah facing the street. This assists in creating even further unity with the raking roof features on the adjacent buildings;

Deep blades have been added to the reveal of the upper floor bedroom window. This echoes the verticality and spacing of the timber strapping to the gable ends of the adjacent homes;

The peak of the gable has been terminated with a horizontal element which reflects the ‘clipped ‘ gables evident on many buildings in the area, including many in Alexandra Avenue. This element has been introduced as a proportioning device which works by visually reducing the apparent mass of the upper floor in relation to the ground floor masonry base. A side benefit of this is that it also aids in reducing the overall building height by nearly 500mm;

The central courtyard facing east has been increased in width by reducing the length of the upstairs robe. This creates stronger articulation in the length of the building and less impact on the eastern neighbours;

The roof in the central courtyard, which links the north and south portions of the building, has been reduced in height. Again, this further emphasises the articulation along the north south building axis, dividing the building into two smaller components;

A garden bed with an associated vertical garden has been incorporated along the driveway and up the eastern stone wall, adding greenery to this elevation;

The eastern façade has had the window of the master bedroom window on the ground floor extended and connected by an infill of timber panelling. This again assists in dividing and breaking down the eastern façade into smaller components;

The garden bed along the eastern boundary courtyard and outside the main living area has been substantially increased, allowing for larger trees to be able to be planted;

Where previously the upper roof terminated directly on the living room eastern wall, this has now been set back 1.5 metres from the living room wall or 3.3 metres from the boundary. This is a significant volume of building that has been completely deleted creating much less impact on the eastern neighbours;

The rear southern verandah area just outside the living room has been opened up, by introducing louvres to the eastern façade. This again breaks down the area of solid material on the east elevation and provides further open space to the eastern neighbours;

Timber cladding has been introduced as external lining on the inner walls of the upper southern verandah area;

On the west elevation, the extent of zinc has been broken up, by providing an area of timber cladding. This does well to divide the length of building into two separate volumes. The height of the roof in this section has also been reduced to provide a greater affect in the articulation process; and

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Windows along the west elevation have been redesigned with vertical proportions and framed with projecting finely crafted zinc clad hoods. This provides a further element of craftsmanship, as well as sculptural interest along this elevation. These windows also echo the dormer type windows, that are used in traditional roofs and reinforces the depiction of the upper storey as a roof form.

Pursuant to section 35(5) of the Development Act 1993, the current application for consideration was determined to be assessed on merit against the provisions of the Burnside (City) Development Plan as Category 2 development in accordance with Historic (Conservation) Zone principle of development control 26 – Dwelling (a) and (b). The application documents were made available for public viewing from 24 July to 7 August 2017 (inclusive), during which time Council received three (3) written submissions identifying concerns relating to sunlight access, impact on heritage streetscape, building scale, set-backs, privacy and nuisance/noise. The application is now presented to the Council Assessment Panel as a Category 2 development with unresolved representations and a staff recommendation that Development Plan Consent be granted subject to conditions.

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land consists of a single parcel of land described as allotment 12 in Filed Plan 140873 in the area named Toorak Gardens within the Hundred of Adelaide, as recorded in Certificate of Title Volume 5717 Folio 933. The subject land is wholly contained within the Historic Conservations Zone and more specifically, Historic Conservation Policy Area 6 – Toorak Gardens (North). The subject land is a rectangular shaped allotment located on the southern side of Alexandra Avenue with a frontage measuring 15.24m and a depth of 51.08m. The total area of the land measures some 778.45m2 .The land is relatively flat with a gradual rise towards the south of approximately 500mm. The land currently contains a single-storey dwelling built circa 1928. The window style of the dwelling is that of a simple Bungalow, however the façade appears quite altered, such that is resembles more of a Conventional style, particularly as it has a hipped roof. It also includes a forward projecting carport located on the eastern side of the land, which has an approximate set-back of 7m to the front boundary. A front fence comprising white brick, with a double vehicle opening and single pedestrian gate borders the front boundary. The dwelling is not identified as a Contributory Item in the Development Plan (Fig Bur HCPA/6).

3.2. Locality

The immediate locality comprises the streetscape of Alexandra Avenue and those allotments fronting Alexandra Avenue where it meets Giles Street to the east and Prescott Terrace to the west. The identified locality is wholly within the Historic Conservation Zone Policy Area 6 (Toorak Gardens North) and abuts Historic Conservation Zone Policy Area 1 (Rose Park) to the west. Within this locality, approximately half of the allotments hold a heritage listing of some description and the other half do not. The map below illustrates those properties identified as holding heritage value and those that do not. There are 16 properties identified as

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Contributory Items, 1 property identified as a Local heritage place and 18 properties that are not considered to contribute to the historic character of the wider policy area. Dwellings are predominantly detached dwellings, with some semi-detached dwelling and ground floor units also identified. Both single storey and two storey dwellings are evident within the identified locality. The Toorak Burnside Bowling Club is located at the eastern end of the locality, which offers an open community space. Wide grassed verges and mature, full canopied street trees positively contribute to the locality.

The locality generally is part of the most highly regarded residential addresses within the City of Burnside. However, the immediate locality includes a prevalence of buildings, as detailed above, which are not representative of early 20th Century architecture that can be found in intact form as elsewhere within the Policy Area. As such, the built form within the immediate locality is best described as an eclectic mix of built form style.

4. KIND OF ASSESSMENT

Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

5. PUBLIC NOTIFICATION

Category: Category 2 Reason: Historic Conservation Zone Principle of Development Control 26 Cut / Fill: Although the application includes excavation for the basement

level, the nature of the cut it relatively minor in the context of the development as a whole. Given the cut is associated with a basement level, it will not be highly visible outside of the subject land and therefore will not unreasonably impact on the owners of land in the locality.

Representations Received: Elizabeth French – 25 Grant Avenue (wish to be heard) Ian and Lilian Henschke – 104 Alexandra Avenue (wish to be

heard) Mark and Bernadette Eckermann – 100 Alexandra Avenue

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

(wish to be heard) Third Party Appeal Opportunity: No

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

6. AGENCY REFERRALS

Internal agency referrals are provided as an attachment to the Panel.

7. EXECUTIVE SUMMARY

7.1. Land Use

In relation to the current proposal, the following comments are made: The development involves the construction of a three-storey dwelling within the Historic

Conservation Zone, which contemplates residential development; The nature of the proposed built form (detached dwelling) is consistent with the policy

area objectives; The height of the dwelling is not identified as a non-complying kind of development

within the Zone; and If it can be demonstrated that the proposed development has minimal or no

unreasonable external impacts, then consent could reasonably be expected. The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The Historic Conservation Zone seeks the conservation and enhancement of the relevant Policy Area, which in this instance is identified as Historic Conservation Policy Area 6 – Toorak Gardens (North) (HCPA 6). The Established Historic Character statement for HCPA 6 describes the character as being derived from the large number of residences dating from the suburbs original period of subdivision during 1909 to 1912. Dwellings are typically large, single-storey detached dwellings with stone or brick being the predominant construction material, and large simple roof planes and broad eves. However, within the immediate locality several examples of two-storey and non-character style dwellings can also be identified. The proposed dwelling, subject of this application, seeks to replace an existing single-storey Bungalow style dwelling, which has undergone alterations such that it now resembles a more conventional style. At street level, the proposed dwelling will present as a two-storey dwelling. The overall dwelling footprint is representative of that found within the locality, and adheres to the 8m front set-back provision for this Policy Area. The overall form and design of the dwelling takes on a contemporary architectural approach, which complements the existing streetscape by incorporating architectural features and sympathetic materials. The overall building height, at the highest point of the roof, measures 8.1m from the existing ground level. The upper level floor plan includes a deep 13.5m set-back from the front boundary of the site, and deep side boundary set-backs also. The position of the proposed upper is consistent with Historic Conservation Zone (HCZ) design guidelines for new dwellings, which includes several design techniques for a

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sympathetic two-storey building. When considering the appropriateness of a two-storey building within the HCZ it should be set-back sufficiently so as to not interfere with the existing streetscape quality. The following provision is relevant:

Historic Conservation Zone Principle of Development Control 8: Alterations, additions and new buildings should be limited to one-storey, except where the alterations, additions and new buildings involves a sympathetic second storey which: (a) utilises roof space to the rear of the site, and/or (b) is set back not to interfere with the streetscape quality of the repetition of single-

storeyed houses, and (c) is designed to complement the existing scale and architectural character of the

Policy Area, and (d) has an overall building height and scale which is compatible with existing single-

storeyed dwellings in the Policy Area, and (e) in the case of alterations and additions to an existing building, has an overall building

height and scale which is not at odds with the character of the existing building.

The proposed upper level, as previously stated, is set-back sufficiently to ensure it is not a large or dominant feature on the site or within the locality. The façade of the dwelling includes a ground level portico, a predominant feature of the front elevation of the dwelling that comprises a facia height comparable to the verandahs attached to dwellings on either side of the subject land. This element reflect the front, open verandahs found on many buildings within the locality, and particularly Bungalow style dwellings which are typically identified as buildings of heritage value within this Policy Area. The eastern side of the verandah includes an angled facia/roof which ties into the verandah angle associated with the adjoining Contributory Item dwelling to the east. Both the ground and upper level facades of the proposed dwelling include strong vertical elements using blade walls and vertically aligned windows. These vertical elements draw a visual connection with the vertically fixed bargeboard found on the gables on the adjoining dwelling to the east. The proposed roof form offers a contemporary interpretation of Bungalow style dwellings, which includes gables, large expanses of roof planes and zinc. The use of zinc is considered appropriate, as it offers a soft presence within the streetscape. The central location of the proposed upper level, together with its detailing and modern reference to Bungalow style dwellings, results in an overall building height and scale that is acceptable within this streetscape. New buildings within the Historic Conservation Zone should be set-back from side boundaries at a distant consistent with adjacent buildings in the Policy Area. The proposed dwelling footprint is consistent with building set-backs to side boundaries within the locality. Whilst the development includes an upper level, it is set-back generally 3m from side boundaries, which is consistent with other two-storey dwellings within the immediate locality. The proposed dwelling has been sited on the allotment in a manner that is consistent with Policy Area and Zone requirements that reinforces the established historic character of the locality. It has been architecturally designed in a manner that reflects architectural aspects of existing buildings within the Policy Area, particularly relating to façade detail and articulation and sympathetic materials. The Development Plan discourages new buildings that look old in the Zone, but rather seeks for new dwellings to relate to existing buildings by linking architectural features. Much of the infill sites within the immediate locality are poor examples of infill development, and do not complement the buildings of heritage value.

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Council’s independent heritage advisor has been engaged throughout the assessment process and is satisfied that the development, in its current form and as presented to the Panel. It is considered to offer an appropriate architectural design outcome within the context of the locality, and as such will conserve and enhance the established historic character as described in HCPA 6. On balance, the overall design and siting of the proposed dwelling is considered to be appropriate within the context of the locality in terms of the scale, height, form, style and materials. Incompatibility of two-storey dwellings adjacent to single-storey dwellings is caused by several aspects, and not necessarily due to presence of single storey dwellings on adjoining land. Commissioner Green in David Cheney Pty Ltd v City of Burnside(2004) made the following remark, which is of relevance to this application:

Para 45 - Incompatibility [of two-storey with single storeyed dwellings], in my view, is occasioned by inappropriate design, siting, massing, and scale relationships, not by the mere fact of a two-storey dwelling being sited next to a single-storey dwelling.

Having assessed the proposed plans, orientation of adjoining buildings, and historic patterns of space between buildings, the proposed development is considered to be an acceptable form of development for the subject land and locality when tested against the relevant provisions of the Burnside (City) Development Plan.

7.3. Site Functionality

The Policy Area seeks for all buildings on the site of dwelling to occupy not more than 40% of the site of the dwelling. Council Wide guidelines expect up to 50% of site coverage when including an upper level. The proposed development seeks to occupy an existing residential allotment with an overall site area measuring 778.45m². The ground floor area of the dwelling occupies only 37% of the site, whilst the ground and upper floor areas combined occupy 63% of the site value. The basement level will increase this calculation, however as it is located beneath the dwelling footprint, below ground level, and as it will not create additional surface area its impacts are benign. Having already discussed the appropriate and complementary manner in which the proposed dwelling responds to the prevailing patterns of space between existing buildings and the boundaries of the subject land, considerations regarding the internal function of the property are of importance, as well as the amenity of adjoining residential land. Despite the site coverage of total floor area being greater than the prescribed guideline, the occupants of the dwelling will be provided with a generous provision of private open space that is of a suitable gradient, is orientated and configured to have good access to sunlight, is accessible from the primary living areas and has suitable dimensions to accommodate entertainment and leisure activities. In this regard, the site coverage departure has no consequence upon the internal functionality of the land and maintains liberal curtilage in front of the dwelling for the establishment of landscaping. The north-south orientation of the land will result in typical levels of overshadowing onto adjoining land, with the predominant level of overshadowing cast to the rear yard of the subject land. This is illustrated by the shadow diagrams supplied with the application details. The proposed development will maintain solar access to north facing habitable room windows and private open space areas of adjoining dwellings strictly in accordance with Council Wide principle of development control 183 and 184(a) and (b).

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Impacts to the visual outlook from adjoining properties is determined to be reasonable and expected as the proposed dwelling is largely the same length as the existing dwelling on the subject land. The east and west elevations of the upper level are set-back generally 3.3m and 3m to side boundaries respectively, and are well articulated with louvres, glazing and timber cladding to create visual interest to the side elevations. In addition, the side elevations of the proposed dwelling are located adjacent to the side elevations of adjoining dwellings rather than directly in-line with large areas of private open space. The rear elevation of the upper level includes a large open void area to its eastern side, which further reducing the presence of the upper level as viewed from the private open space on adjoining land. Vehicular access is to be obtained via an existing crossover located towards the north-eastern end of the front property boundary. Council’s Technical Officer is satisfied that the driveway gradients meet the relevant Australian Standard including the transition grades across the Council road reserve and into the basement garage. They have also established stormwater discharge rates which should apply to the completed development. Council’s Arborist has requested that all services be located outside of a 1.5m radius from the centre of the nearby street trees. These requirements are included as advisory notes, should planning consent be granted.

7.4. Public Notification

Council received three (3) written submissions during the public consultation period, all of whom expressed a desire to appear before the members of the Panel to make a verbal submission. The matters raised by the representors are summarised below: Elizabeth French: Building height Green and leafy aspects of area should be respected Impact on heritage features of the area and harmonious streetscape Impact of reflective materials used Ian and Lilian Henschke: Inappropriate materials Building height is excessive Bulk and scale incompatible with locality No overshadowing of solar panels should occur Front and side boundary set-backs should be increased Roof form is at odds with Zone requirements Mark and Bernadette Eckermann: Bulk and form associated with upper level is not reflective of Zone requirements Materials are inappropriate, particularly zinc and metal cladding Roof design should be in keeping with existing built structure Set-backs do not adhere to Development Plan guidelines Overshadowing our property for half the day on the winter solstice Western windows should be frosted for entire length Inaccuracy of drawings Nuisance/noise by future a/c units and pool pumps

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

The applicant responded to the above representations and made the following subsequent amendments: Front setback has been increased to 8.0 metres from the front boundary; and The masonry elements around the entire building will be solid sandstone rather than sandstone brickwork. In the Applicants response to representations, they surveyed the locality to determine the extent of ‘historic’ versus modern dwellings, the predominant building material types and colours used for wall construction and cladding, and the number of 2 storey dwellings. This survey provided the following findings: The established building material is sandstone, or sandstone colour finish; Corrugated iron of concrete tiles of grey and charcoal roofing is the predominant

roofing type; and More than 30% of dwellings within the immediate locality are 2 storeys. The response to representations was accompanied by a Character Impact Assessment prepared by DASH Architects. This, together with a comprehensive response to the representations as prepared by the Applicant is contained within the attachments.

7.5. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

2. Development Application 180\0725\17, by Con Bastiras Architect is granted Development Plan Consent subject to the following conditions:

Conditions

1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason: To ensure the development is undertaken in accordance with the plans and details submitted.

2. The louvres as depicted on the stamped and approved plans granted Development Plan Consent described as east elevation, adjacent the void area to the east of Bedroom 2 shall be spaced at no greater than 15cm gaps and shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Reason: To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

3. All western elevation upper level windows and the southern (rear) elevation upper level

window associated with Bedroom 2 as depicted on the stamped and approved plans granted Development Plan Consent shall be fitted with fixed and obscured glazing to a minimum height of 1.6m above the finished floor level. The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

4. The first floor windows adjacent to the eastern side elevation of the hallway and the northern

elevation of the family room shall be fixed and fitted with obscure glazing to a minimum height of 1.6m above the finished floor level.

The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times.

Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

Advisory Notes

Engineering Requirements

Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.

Stormwater Detention

Due to an increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below: The volume of any detention device shall be equal to the volume of water generated on

the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that: An additional detention storage of 1,000Ltrs be provided in addition to the standard

1,000Ltrs retention tank provided; and The development utilises permeable paving for the proposed external paving work within

the development site.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Stormwater Discharge

The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from the roof catchment shall be discharged to the street water

table through a sealed system to the satisfaction of the Council.

Street Trees

All underground services must be located outside of a 1.5m set-back from either side of street trees located on the adjacent Council road reserve.

RECOMMENDING OFFICER

Theresa James Development Officer – Planning

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Historic Policy Area 6 Objectives:

Objective 1: Development that conserves and enhances the Established Historic Character.

Objective 2: Development accommodating detached dwellings on large allotments.

Objective 3: Maintenance and enhancement of the low scale, low density residential character.

Subject:

DP Ref Assessment:

Desired Land Use

O 2-3 Satisfied.

The existing and lawful residential use of the land is to be maintained by the proposed development which seeks to construct a detached dwelling.

Local Compatibility O 1 &3 PDC 3-4

Satisfied.

The immediate locality has a diminished heritage character due to the many infill sites not comprising heritage buildings. Notwithstanding this, the proposed two-storey nature of the dwelling (as viewed from street level) has been architecturally designed in a sympathetic manner, and includes aspects that relate to typical architectural features found on the historic Bungalow style dwellings within the Policy Area. The siting of the upper level is sufficiently setback from the road boundary to ensure it is not visually dominant within the streetscape.

Site Areas and Frontages PDC 5

Satisfied.

Building Set-backs

PDC 7 Satisfied.

The development includes a front portico with a set-back of 8m to the front boundary, in accordance with Policy Area guidelines.

Site Coverage

PDC 8 Satisfied.

The intent of this policy within HCPA6 is to establish an appropriate building footprint and a scale of development which is not inconsistent with the locality, where a distinctive character exists. The ground floor area of the proposed development satisfies the site coverage guidelines for HCPA6.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Summary of Historic Conservation Zone Objectives and Principles

Primary Zone Objectives:

Objective 1: The conservation and enhancement of the historic character of the relevant Policy Area.

Objective 2: The retention and conservation of land, buildings, outbuildings, structures, and landscape elements that contribute positively to the established historic character of a Policy Area.

Objective 3: Development accommodating those housing types which are compatible with the historic character of the zone.

Objective 4: Development which conserves and enhances the historic character of the relevant Policy Areas of the zone, in terms of:

(a) overall and detailed design of buildings; (b) dwelling type and overall form; (c) allotment dimensions and proportions; (d) placement of buildings on the allotment and alignment to the street; (e) layout of the site and the type and height of fencing; (f) streetscapes, verge treatment and street planting; and (g) curtilages and garden areas.

Objective 5: A zone where the majority of the existing housing stock is maintained through the retention of items which contribute positively to the character of the Policy Areas, and the number of dwellings is increased primarily through:

(a) the replacement of dwellings that are not identified as contributory items, and (b) the appropriate development of vacant sites.

Subject: DP Ref

Assessment:

Zoning and Land Use O 1–3 PDC 1-3

Satisfied.

The proposed building will replace a building that does not currently contribute to the historic character of the Policy Area. It has been designed to take references from existing buildings that contribute to the character of the Policy Area and are executed in a contemporary manner.

Building Appearance O 4-5 PDC 2–4, 19-22

Satisfied.

The siting of the dwelling on the land accords with Policy Area provisions. The façade of the dwelling accomplishes the intent of the Historic Conservation Zone provisions with respect to new dwellings within the Zone. It includes an overall building height and scale that is compatible with existing dwellings, due to its recessed upper level and sympathetic material palette.

The proposed front portico is the prevailing feature of the façade, which distinguishes the ground floor from the first floor by virtue of its location front and centre of the site. In addition, the portico spans the façade of the ground floor, whereas the upper level is substantially set-back from the portico level, it entails a reduced span across the allotment width, and it utilises a dark grey zinc wall cladding and clear glazed windows which minimises it presence within the streetscape.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 52: A compact metropolitan area.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

Objective 55: Safe, pleasant, accessible and convenient residential areas.

Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

Subject:

DP Ref Assessment:

Zoning and Land Use

O 52–60 Satisfied.

Building Set-backs PDC 161–163 *Note – unless prescribed in part of a zone

Satisfied

HCZ PDC 20 prescribes how new buildings should respond to property boundaries.

Private Open Space PDC 166, 169 Satisfied.

Site Coverage PDC 165 (b) and (c) *Note – GF site coverage is prescribed by HCPA6 @ 40%

Ground Floor

Satisfied.

Ground Floor and Impervious Surfaces

Satisfied.

Total Floor Area

Departure.

The departures to the total floor area guidelines are determined to be an acceptable planning outcome for the subject land and locality having considered the following: The dwelling responds positively to the prevailing patterns of space

between buildings and is consistent with the front, side and rear setbacks of adjacent dwellings.

Substantial areas of functional private open space will be provided to the future occupants of the dwelling suggesting that the dwelling’s footprint and total floor area are of reasonable proportions within that context.

The overall length of the dwelling measures the same as the existing building on the land.

The rear wall of the dwelling aligns appropriately with the adjoining dwelling to the east and is substantially shorter than the adjoining dwelling to the west. Within that context the dwelling length and mass will not unreasonably disrupt the visual outlook from adjoining land. Furthermore, the upper level side elevations are well articulated

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

such that their perceived visual mass is reduced. The basement level is to be sited wholly underground without forcing

the FFL of the ground floor to sit higher than existing land contours. For this reason, the departure from the site coverage guideline that can be attributed to the basement level is entirely inconsequential.

Privacy PDC 22, 174–176 Satisfied.

The proposed development includes first floor windows to all elevations. To ensure the development does not unreasonably overlook the habitable rooms or private open space of adjoining dwellings, this recommendation includes a condition that requires all the windows to the west elevation, as well as the southern elevation window associated with Bedroom 2, to be fitted and fixed with obscure glazing to 1.6m above the floor level.

The proposed first floor also includes windows adjacent a narrow hallway on the eastern (side) elevation that will have unobstructed views towards the eastern neighbours’ land. These windows are indicated as fixed windows with obscure glass to 1600 above the floor level, which accords with relevant guidelines.

Louvres attached to the east elevation side wall adjacent a void area will adequately restrict views from the recessed eastern (side) elevation windows associated with Bedroom 2, and the southern (rear) elevation windows of the Family Room.

The proposed upper level Family Room is set-back 16.1m from the rear boundary, and includes windows to the front and rear elevations (north and south). The floor area associated with this room is set-back approximately 1m from respective windows with a void area between. No windows are proposed to the east (side) elevation, with the eastern wall projecting further north and south than the Family Room windows and floor area. Given these design features, together with the deep set-back to the rear boundary, north and south facing Family Room windows are not considered to significantly impact on the privacy of adjoining residents, and as such no privacy treatments are considered necessary.

Access and On-Site Car Parking PDC 177–182

Satisfied.

The proposal includes on-site parking spaces for vehicles in accordance with table Bur/5.

Access to Sunlight PDC 21, 183–186 Satisfied.

Fences and Retaining Walls PDC 190–194 Satisfied.

The proposed front fence is a low and open style, which is complementary to existing styles of fencing within the locality, and in accordance with fencing guidelines as per Historic Conservation Zone (Table BUR/1).

Retaining walls are only required to the eastern side boundary, and will be below existing ground level such that they will have no visual impact on adjoining residents.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.3

APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 778.45m2 (existing) 750m2

Street Frontage 15.24m (existing) 15m

Design Characteristics Proposed Guideline

Site Coverage - Buildings only 37% 40% - Buildings and driveways 44.5% 50% - Total floor area 63% (ground & first floors)

91% (including basement) 50%

Building Height - storeys 2 storeys above n.g.l. 2 storeys - metres 8.1m above n.g.l. 9m

Set-backs Lower Level - front boundary 8m – front verandah

9m - guest bedroom 9.8m – study

8m

- side boundary 1.8m, 3.3m and 7.9m (east) 1.2m and 3.4m (west)

Historic (Conservation) Zone Principle of Development Control 20 “Front, side and rear set-backs of new buildings from allotment boundaries should be consistent with adjacent State Heritage Places, Local Heritage Places and Contributory Items and with the existing historic character of the Policy Area.”

- rear boundary 15m (dwelling) Upper Level - front boundary 13.5m - side boundary 3.3m and 7.1m(east)

1.2m (stairwell), 3m & 3.4m (west)

- rear boundary 11.3m Boundary Wall

- length 2.6m (west) 8m - height 2.7m 3m

Private Open Space - percentage 50% 50% - dimensions 11m x 15m 5m x 8m

Car Parking and Access - number of parks 5 2 - width of driveway 3.2m 4.5m - width of garage/carport door 19% 33%

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.4

DEVELOPMENT APPLICATION

Application Number: 180\0754\17

Applicant: Dechellis Homes

Location: 14 Talbot Street ERINDALE SA 5066

Proposal: Single storey detached dwelling

Zone/Policy Area: Residential

Residential Policy Area 12

Development Plan consolidated 30 May 2017

Kind of Assessment: Merit

Public Notification: Category 2

One (1) representation received

Appeal Opportunity Applicant only, no third party appeal rights

Referrals – Statutory: NA

Referrals – Non Statutory: Traffic Management Engineer

Tree Management Officer

Delegations Policy: Unresolved representations

Recommendation: Development Plan Consent be granted

Recommending Officer: Jake Vaccarella

REPORT CONTENTS

Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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1. DESCRIPTION OF PROPOSAL

The Applicant seeks development plan consent for the construction of a single storey detached dwelling on a single existing residential allotment within Residential Policy Area 12 – Erindale (RPA 12). The proposed dwelling features four rooms which could be used as bedrooms (one with walk in robe and ensuite), bathroom, dining room, laundry, store, wine room, retreat, open plan kitchen, meals and family areas and a rear alfresco are sited under the main roof and return verandah to primary façade. The proposed building will feature face brick to the external walls along the Talbot Street and rendered external walls for the eastern face, with 27 degree hipped roof with overhanging eaves and Colorbond roof sheeting. Also included in the application are boundary concrete sleeper retaining walls and 1.8 metre high Colorbond fencing.

2. BACKGROUND

Development Application 180\0754\17 was lodged on 24 July 2017 by Dechellis Homes on behalf of the registered owner of the land. The proposal was determined a merit form of development pursuant to Section 35(5) of the Development Act 1993. For the purposes of public notification, the application was determined to be a Category 2 development in accordance with the Burnside (City) Development Plan, Residential Policy Area 12, Principle of Development Control 8 (b). The application was made available for public consultation between 24 August 2017 and 07 September 2-17, during which time Council received one (1) written submission made. The representation raised concerns in relation to traffic and vehicular access. A copy of the representation was forwarded to the Applicant for consideration and response. The applicant provided a response to the representation which provided justification for the location of the driveway crossover and clarified that future front fencing would be kept to a minimal height and feature permeable openings to ensure visibility into and out of the site would be maintained for road users and local traffic. As part of the assessment process the application was also referred to Council’s Engineering Services department and Open Space department to assess the suitability of access arrangements, as well as general impacts on Council infrastructure. Pursuant to Council’s Delegation Policy, the application is now presented to the Development Assessment Panel for consideration as a Category 2 development with one (1) unresolved representation; with a staff recommendation for approval, subject to conditions.

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land is a regular shaped allotment sited on the corner of Vauxhall Street and Talbot Street. The land has a primary frontage of 18 metres to Vauxhall Street and a depth of 42.67 metres, with an overall site area of 762 square metres.

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The land is currently occupied by a single storey detached dwelling constructed in the 1903s in the ‘art deco’ style. Vehicular access is gained via an existing driveway crossover sited in the north-western corner of the site along Talbot Street.

3.2. Locality

The locality is wholly contained with Residential Policy Area 12 – Erindale and comprises both sides of Talbot Street between Statenborough Street to the north and Vauxhall Street to the south. Properties on both sides of Vauxhall Street up until Crossly Street to the east also form part of the locality. The pattern of subdivision is generally consistent with medium to large rectangular allotments of approximately 650 – 750 square metres occupying both sides of Vauxhall Street with a minor disruption to this pattern evident along the western side of Talbot Street with smaller residential units located on the opposite corner of the subject land. The locality is comprised of predominantly detached dwellings built in the post war period in both single and double storey, with evidence of more recent development also prevalent throughout. Buildings on both sides of Vauxhall Avenue share a consistent front setback and orientation which enables the establishment of open and well-landscaped front gardens which coupled with the tree-lined, grassed verges afford the area a high level of residential amenity.

KIND OF ASSESSMENT

Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

4. PUBLIC NOTIFICATION

Category: Category 2 Reason: Residential Policy Area 12 Principle of Development Control 8

(b) Representations Received: 2 Vauxhall Street, Erindale (wish to be heard) Third Party Appeal Opportunity: No

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

5. AGENCY REFERRALS

Internal agency referrals are provided as an attachment to the Panel.

6. EXECUTIVE SUMMARY

6.1. Land Use

The development maintains and enhances the established and lawful residential use of the site and is therefore not considered to be seriously at variance with the policies of the Burnside (City) Development Plan.

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6.2. Character and Amenity

RPA 12 seeks to enhance the low scale residential character derived from single storey detached dwellings in a variety of post-war styles, with open front gardens and in certain areas grassed road verges and mature street trees. The proposed development is generally compatible with these characteristics and is anticipated to enhance the streetscape character by introducing a new building of a suitably high design standard. The locality in question comprises a variety of single detached dwellings in a variety of architectural styles of the post war era including art deco, tudor and some earlier examples of inter-war bungalow dwellings. More recent development exhibiting contemporary architectural styles is also apparent immediately adjacent the subject land at 8 Egmont Terrace. Built form on either side of Vauxhall Avenue is consistently well setback from the road, allowing for open, well-landscaped front gardens which further enhance the residential amenity of the area. The proposed dwelling is generally regarded as being compatible with the existing streetscape character and that described in the Policy Area Objective in terms of its architectural form, style, bulk, scale, setback from the street and open front garden. The proposed building is almost identical in terms of its bulk, scale, form, proportion and siting to the existing art deco dwelling and as such is considered to have regard for the primary objective for RPA 12. The proposed building is considered to be of a high quality, modern design which will contribute to and enhance the variety of architectural styles envisaged for the Policy Area. In terms of its visual impact on adjoining properties to the east and to the north of the subject land, the proposed building comprises vertical wall heights that are typical of a single storey building and compatible with the existing housing stock of the locality. The proposed building is sited in a similar position to the existing building and as such is not likely to prejudice the occupiers of adjoining land in terms of its bulk, scale and overshadowing.

6.3. Site Functionality

The proposed building footprint fits well within the site boundaries as delineated on the proposed site plan and satisfies the relevant quantitative guidelines of the Development Plan with respect to site coverage and private open space. Despite, encroachments into the setback guidelines concerning side boundaries, the proposed development is considered to fit neatly within this context and will have a minimal impact to the adjoining property at 3 Vauxhall Avenue in terms of bulk, scale and overshadowing. The proposed development provides adequate on-site car parking to meet the needs of the future occupants and avoid on-street parking that would restrict the free flow of traffic (including pedestrian traffic) along Vauxhall Avenue or cause significant nuisance to nearby residents or other users of land. Access to the subject land is gained via a new single width driveway crossover sited in the south-eastern corner of the allotment.

6.4. Public Notification

The application was determined to be a Category 2 development pursuant to Residential Policy Area 13 Principle of Development Control 8 which states:

“The following kinds of development are assigned to Category 1: Dwelling, except where

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.4

(b) the development has a solid wall located on a side or rear boundary, but

excluding a fence or wall of less than two metres building height above natural ground level.

The proposal was made available for public inspection from 24 August 2017 until 07 September 2017, during which time Council received one (1) written submission from the neighbouring property to the south at 2 Vauxhall Street, Erindale. The primary concerns raised through this process relate to the location of the new vehicle crossover and driveway, specifically the suitability of access with reference to its proximity to the 90 degree bend in the road (Talbot Street). The applicant responded to the representation by confirming that the front fencing will be kept to a maximum height of 1.5 metres and will consist of permeable openings to ensure sightlines both into and out of the property are maintained as part of the proposed development. Council is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development insofar as they are to be determined under the Development Act 1993.

6.5. Agency Referrals

The proposal was referred to Council’s Engineering Services and Open Spaces departments for consideration. No issues of concern were raised through this process and engineering and open spaces comments have been incorporated as advisory notes to this recommendation.

6.6. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

7. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

2. Development Application 180\0754\17, by Dechellis Homes is granted Development Plan Consent subject to the following conditions:

Conditions

1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below.

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Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

Advisory Notes

1. Expiration Time of Approval

Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.

2. Building Consent Development Approval will not be granted until a Building Rules Consent has been obtained. A separate application must be submitted for such consent. No building work or change of classification is permitted until the Development Approval has been obtained.

3. Noise

The emission of noise from the premises is subject to control under the Environment Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this consent) should comply with those requirements.

4. Fences Act 1975

The Applicant is reminded of the requirements of the Fences Act 1975. Should the proposed works require the removal, alteration or repair of an existing boundary fence, a 'Notice of Intention' must be served to adjoining owners. Please contact the Legal Services Commission for further advice on 1300 366 424 or visit www.lsc.sa.gov.au

5. Engineering Requirements: Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.

Stormwater Detention

Due to the significant increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:

- The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

- The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

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For stormwater management purposes, it is desirable that: - An additional detention storage of 1,000Ltrs be provided in addition to the standard

1,000Ltrs retention tank provided; and - The development utilises permeable paving for the proposed external paving work

within the development site. Stormwater Discharge

The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from the roof catchment shall be discharged to the street

water table through a sealed system to the satisfaction of the Council. Open Space Advisory Notes

The proposed crossover requires a Setback of 2m from the street tree. Street trees to be protected during development with bunting set 1.5m from trunk for

duration of works. Crossover to be constructed using Permeable materials. No storing of materials on road verge during construction. No pruning of street trees. No vehicles on road verge at any time during development. The applicant will be liable for any damage caused to public trees during the

development process, including damage by privately engaged contractors.

6. Boundaries It is recommended that as the Applicant is undertaking work on or near the boundary, the Applicant should ensure that the boundaries are clearly defined by a Licensed Surveyor, prior to the commencement of any building work.

RECOMMENDING OFFICER

Jake Vaccarella Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Residential Policy Area 12 Objectives:

Objective 1: Enhancement of the low scale residential character that is derived particularly from: (a) primarily single-storeyed detached dwellings, at low density, in a variety of styles (mainly post-war conventional styles, but with a relatively smaller number of inter-war bungalows); and

(b) well-established, open, front gardens and grassed verges.

Principle 1: Development should complement the scale, bulk, siting and positive elements of existing dwellings where a distinctive and attractive streetscape character exists.

Subject: DP Ref

Assessment:

Desired Land Use O 1 Satisfied.

The proposal seeks to continue the established and desired residential use of the subject land.

Local Compatibility PDC 1 Satisfied.

The proposed density is consistent with the low scale, low density residential character sought within the Policy Area.

The locality comprises a mix of single storey detached dwellings in a variety of architectural styles.

The single storey form is compatible with existing single storey housing stock along Talbot Street and Vauxhall Street and is consistent with Policy Area guidelines.

The proposed siting of the building is consistent with the prevailing setback pattern, with sufficient spacing between built form and the public realm to enable the future landscaping of the front yard.

The proposed building comprises a high quality design which utilises an appropriate mix of materials and finishes which both complement and enhance the existing streetscape character of the locality.

The modern design takes visual cues from the roof form and pitch of existing dwellings in the street.

Site Areas and Frontages PDC 2–5

Satisfied.

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Summary of Residential Zone Objectives and Principles

Primary Residential Zone Objectives:

Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

Objective 4: Provision of residential and community facilities and services for the aged community.

Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

Objective 6: A zone accommodating non-residential activities which are small in scale, benign in external impact, and serve the needs of the local community.

Objective 7: Reduction of the impact of established non-residential uses on the amenity of residential areas.

Objective 8: Use of design, management and other techniques to improve all aspects of the environmental performance of development.

Subject: DP Ref

Assessment:

Zoning and Land Use O 1–8 PDC 1

Satisfied.

Building Appearance PDC 2–4

Satisfied.

Design for Topography PDC 5–6 Satisfied.

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Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 52: A compact metropolitan area.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

Objective 55: Safe, pleasant, accessible and convenient residential areas.

Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

Objective 57: Medium and high density residential development in areas close to activity centres, public and community transport and public open spaces.

Objective 58: The revitalisation of residential areas to support the viability of community services and infrastructure.

Objective 59: Affordable housing, student housing and housing for aged persons provided in appropriate locations.

Objective 60: Increased affordable housing opportunities through land division and the conversion of buildings to a residential use.

Subject: DP Ref

Assessment:

Zoning and Land Use O 52–60 Satisfied.

Design and Appearance O 11 PDC 14–18, 23-28

Satisfied.

Building Set-backs PDC 161–163 Front Set-backs

Minor Departure The main face of the building is setback 8m from Vauxhall Street

with is consistent with RPA 12 PDC 6. However, the return verandah encroaches within the 8m guideline by 1.5m. The protruding feature is an open-sided lightweight verandah which is minimal in mass and visual prominence, providing an element of articulation and visual interest.

Side Set-backs Minor Departure

The proposed dwelling achieves a minimum setback to the eastern boundary of 1.26m which represents a minor departure from CW PDC 161 (d) by 240mm.

The proposed dwelling achieves a minimum setback of 1.7m to the secondary street of Talbot Street which represents a

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departure from the 3m guideline.

Given the siting of the proposed building is largely identical to the existing single storey ‘art deco’ building the shortfalls noted above are not considered fatal. The siting of the building does not disrupt the established pattern of space between buildings along Both Vauxhall and Talbot streets and does not translate into issues of bulk and scale for adjoining occupiers of land.

Rear Set-backs Satisfied.

Building Height PDC 164 Satisfied.

Site Coverage PDC 165 Satisfied.

Private Open Space PDC 166, 169 Satisfied.

Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

Satisfied.

Privacy PDC 22, 174–176 Satisfied.

1.8m high boundary fencing ensures that useable private open space areas are appropriately screened from the public realm and the adjoining property at 3 Vauxhall Street.

Access and On-Site Car Parking PDC 177–182

Satisfied.

The development consists of four (4) rooms that can reasonably be used as bedrooms. As such, the site is capable of containing two off street car parking spaces, in accordance with Table Bur/5.

The proposed location of the driveway crossover has been supported by Council’s Engineering and Open Spaces departments.

Access to Sunlight PDC 21, 183–186 Satisfied.

The building is a single storey building of modest scale and proportions.

The configuration of the land and buildings external to the subject land ensures compliance with the DP guidelines concerning sunlight access.

Fences and Retaining Walls PDC 190–194 Satisfied.

The proposal includes details of boundary fencing and retaining walls.

The proposed retaining walls are similar in scale to the existing boundary retaining walls and result in a net fence height of 2.4 along Talbot Street which is compatible with existing boundary fencing and considered appropriate in this context.

The proposed boundary fencing (1.8 metre high Colorbond) is regarded as standard within the Residential Zone and suitable in providing reasonable privacy without appearing visually dominant of large in scale.

Safety and Security PDC 195–198 Satisfied.

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.4

APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 762m2 625m2

Street Frontage 18m 15m

Design Characteristics Proposed Guideline

Site Coverage - Buildings only 38%

(286.95sqm) 40%

- Buildings and driveways 43% (330.9sqm)

50%

Building Height - storeys Single Single - metres 6.6m 9m

Set-backs Lower Level - front boundary Main face: 8m

Verandah: 6.49m 8m

- side boundary Talbot Street: 1.7m - 3.m East: 1.26m

Secondary street: 3m Side boundary: 1.5m

- rear boundary 11.67m 4m Boundary Wall

- length 6.6m 8m - height 3.5m 3m

Private Open Space - percentage 87%

(249sqm) 50%

- dimensions 11.67m x 16.67m 5m x 8m Car Parking and Access

- number of parks 2 2 - width of driveway 4.81m 4.5m - width of garage/carport door 27% 33%

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Council Assessment Panel Agenda03 October 2017Report Number: PR 5721.5

DEVELOPMENT APPLICATION

Application Number: 180\0334\17

Applicant: Glasshouse Projects

Location: 17 Bushy Park Drive AULDANA SA 5072

Proposal: (Non-complying) Two-storey detached dwelling, swimming pool and moss rock retaining walls

Zone/Policy Area: Residential Zone

Residential Policy Area 29 – Skye and Auldana

Development Plan consolidated 08 December 2016

Kind of Assessment: Non-complying

Public Notification: Category 2

Nil (0) representations received

Appeal Opportunity Applicant appeal rights

Referrals – Statutory: Country Fire Services

Referrals – Non Statutory: Traffic Management Engineer

Delegations Policy: Non-complying development

Recommendation: Subject to concurrence from the Development Assessment Commission, that Development Plan Consent be granted

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report:- Appendix 1 – Aerial Locality Map- Appendix 2 – Detailed Planning Assessment- Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Council Assessment Panelto facilitate decision making: Plans and supporting documents Report to proceed with assessment Statement of Effect External agency referral reports Internal agency referral reports Photographs

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.5

1. DESCRIPTION OF PROPOSAL

The Applicant seeks Development Plan Consent for the following: Construction of a two-storey detached dwelling; Swimming pool; and. Retaining walls in the form of moss rocks.

The proposed dwelling entails the following features: Street/Entry level: Double garage; Bedroom; Formal dining room; Large open kitchen/dining/living room; and Bin storage area. Lower ground level: Main bedroom including large walk-in-robe, ensuite and deck; Three large bedrooms, each with ensuite; Theatre room; Separate bathroom; Powder room; Swimming pool; and Alfresco.

The development also includes landscaping, which comprises moss rock retaining walls at the rear of the allotment to create a suitably graded and more usable private open space area, than would otherwise be available should the steep topography not be modified.

2. BACKGROUND

Development Application 180\0344\17 was submitted to Council on 31 March 2017 and determined to be non-complying development pursuant to Residential Policy Area 29 – Skye and Auldana Principle of Development Control 21 which states: The following kinds of development are non-complying: Dwelling where: (a) the scale and design is such that the vertical distance between any point at the top of any external

wall and finished ground level immediately below the point on the wall exceeds six metres, other than gable ends of the dwelling where the distance exceeds eight metres.

Despite this non-complying classification the proposal was deemed to have sufficient merit to warrant a full assessment, given the large scale and form of other existing dwellings within the locality, and limited impact upon the local natural environment. The Team Leader – Planning, subsequently determined to proceed with a full assessment of the application in accordance with Council’s Development Delegations Policy. The application was determined to be a Category 2 form of development, pursuant to Residential Policy Area 29 Principle of Development Control 22 (a) and (c), and was placed on Category 2 Public Notification for the period 12 July 2017 to 26 July 2017. During this period, Council received no representations from adjoining land owners/residents.

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The application was referred internally to Council’s Engineering Services Department for consideration, as well as to the Country Fire Service (CFS). A full assessment of the proposed development has now been undertaken, and the application is presented to the Council Assessment Panel for consideration as a non-complying development.

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land is a large, rectangular shaped allotment located on the northern side of Bushy Park Drive, a cul-de-sac road within the suburb of Auldana. The land has an overall area of 1468m² and a frontage measuring 26m. The land has a steep descending slope from south to north (front to rear) resulting in a fall of 17m across the site. The land is currently vacant and void of any sizable vegetation and an apparently unaltered land form. There are two Encumbrances (4929913 and 5222644) registered against the Certificate of Title to the Adelaide Hills Council and T & G Life Mutual Society Ltd. While Council has no legal obligation to consider the encumbrances in this assessment, the applicant may require a separate consent prior to construction of the dwelling, should consent be granted.

3.2. Locality

The locality consists of double storey/split level detached dwellings on large sized allotments with moderate street setbacks. The locality slopes considerably north to south, such that those dwellings on the southern side of the road are considerably dominant as compared to those on the lower side of the road to the north. Well-landscaped front gardens, moderate front building setbacks, and substantial detached dwellings characterise the area. Rock retaining walls are also a feature within the locality, and are typically associated with front gardens and driveways to those dwellings on the southern side of the road. They can also be found to the side of dwellings and in rear yards on land located on the northern side of the road.

4. KIND OF ASSESSMENT

Kind: Non-complying Reason: Development Plan, Residential Policy Area 29 Principle of

Development Control 21 Dwelling where:

(a) the scale and design is such that the vertical distance between any point at the top of any external wall and finished ground level immediately below the point on the wall exceeds six metres, other than gable ends of the dwelling where the distance exceeds eight metres

Applicant Appeal Opportunity: No

5. PUBLIC NOTIFICATION

Category: Category 2 Reason: Residential Policy Area 29 Principle of Development Control

22(a)&(c) Cut / Fill: Although a degree of fill is to be introduced to the site it is typical

of the locality and as such is considered minor in nature and not likely to unreasonably impact the owner/occupiers of land in the

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locality. Representations Received: Nil Third Party Appeal Opportunity: No

6. AGENCY REFERRALS

External agency referrals are provided as an attachment to the Panel.

Internal agency referrals are provided as an attachment to the Panel.

7. EXECUTIVE SUMMARY

7.1. Land Use

Residential Policy Area 29 – Skye and Auldana serves as a transition between the residential character of the Adelaide Plains and the natural backdrop of the Hills Face Zone. Its foothills location effectively serves as a buffer area between the metropolitan districts and prevents the urban area from extending into the Mount Lofty Ranges. However the subject land is not located within the Hills Face Zone Buffer. The Development Plan envisages a Policy Area accommodating low-density residential development, where dwellings are sited on elevated land to take advantage of views across the Adelaide Plains. Development is encouraged to preserve the natural character of the nearby Hills Face Zone with minimal visual intrusion upon the landscape by using designs and materials that are consistent with the surrounding environment. The applicant seeks to construct a two-storey dwelling on a large vacant allotment within the residential foothills setting that overlooks the Adelaide Plains. There is no indication that the land has previously been used for residential purposes and the land contours appear to be unaltered from their natural state. The Policy Area does permit two-storey detached dwellings, provided the character and amenity of the locality is not compromised and that the scale, height, bulk and siting complements the positive elements of the existing streetscape character. The proposed use of the land for residential purposes, together with the proposed form of the dwelling has been deemed compatible with that envisaged for the Policy Area having considered the form and scale of existing two-storey dwellings within the locality. The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The proposed dwelling is centrally positioned towards the front portion of the land, maintaining appropriate set-backs, so that access to the site is achieved without the need for a large driveway. The dwelling presents as a single storey dwelling from street level, with the entry floor level of the dwelling entailing a finished floor level 1.75m below road level. The dwelling is of a contemporary architectural style, with a flat roof reducing its vertical profile. These specific aspects of the proposed dwelling adhere to the Policy Area objectives, which encourages unobtrusive buildings of a low profile. The ‘entry level’ floor plan has been designed to span horizontally across the site, consistent with site contours, with an eastern wing projecting further north. Due to the steep descend in the land, the entry level eastern wing essentially becomes the ‘upper level’, with the lower level located directly beneath it. The lower level is located partially

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below ground level, at the front southern portion of dwelling footprint, with the rear portion of the lower level illustrating a finished floor level that is closer to existing ground levels at that point. The design of the floor levels intends to maintain the existing site levels, reducing the need for fill and boundary retaining walls. This is consistent with the intent of Policy Area provisions with respect to topography. Dwellings within the immediate locality entail varying styles; however most can be described as large two-storey dwellings situated well above the adjacent road level. Whilst the Policy Area guidelines seek for dwellings to be generally unobtrusive, and finished in a natural material palette, there are many dwellings with light render finishes that do not blend seamlessly into the surrounding natural environment. The proposed dwelling includes a large stretch of fenestration to both the front and rear elevations reducing its visual presence, however the side elevations of the dwelling include rendered brick work in a white finish. Whilst the selected render palette does not reflect the desired tones for the Policy Area, the development is consistent with the existing finishes of dwellings within the locality. To enable a usable private open space area beyond the dwelling footprint, landscaping is proposed in the form of moss rock retaining walls and vegetation. The moss rock retaining walls will retain areas of fill within the rear yard and are of a finish that will blend well with the existing natural environment.

7.3. Site Functionality and Agency Referrals

No vehicular access to the property currently exists, however the existing roll-over kerb enables vehicle entry. Notwithstanding this, the applicant seeks for a crossover to be established at the end of the driveway, over the Council footpath. Council’s Technical Officer (Engineering) has granted approval for the new crossover, as it is illustrated on the site plan. During the assessment of the proposed vehicle entry, Council’s Technical Officer deemed the proposed 1 in 4 driveway gradient acceptable as it satisfies the relevant Australian Standard. It was also recommended that the gutter area adjacent the subject land have a 200mm rise above the kerb level, to prevent street water flows onto the property during a heavy rainfall. The applicant has included this detail on the driveway section drawing. The SA Country Fire Service (CFS) has been consulted as a statutory referral body pursuant to Section 37(1) of the Development Act 1993. The CFS has advised that the application satisfies their requirements and has included conditions of planning consent to be included on any consent issued with respect to access, water supply and vegetation.

7.4. Public Notification

Whilst the application was subject to Category 2 public notification, no representations were received from adjoining land owners/residents.

7.5. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

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8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

2. Subject to concurrence from the Development Assessment Commission, that Development Application 180\0334\17, by Glasshouse Projects is granted Development Plan Consent subject to the following conditions:

Conditions

1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

2. The timber screen as depicted on the stamped and approved plans granted Development Plan Consent located on the side elevations of the lower ground floor plan alfresco shall be spaced at no more than 15mm gaps. The screen shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason: To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties

3. ACCESS TO DWELLING

The Code Part 2.3.3.1 describes the mandatory provision for 'Private' roads and driveways to buildings, where the furthest point to the building from the nearest public road is more than 30 metres, shall provide safe and convenient access/egress for large Bushfire fighting vehicles. - Access to the building site shall be of all-weather construction, with a minimum formed

road surface width of 3 metres and must allow forward entry and exit for large fire-fighting vehicles.

- The all-weather road shall allow fire-fighting vehicles to safely enter and exit the allotment in a forward direction by incorporating either- i. A loop road around the building, OR ii. A turning area with a minimum radius of 12.5 metres, OR iii. A 'T' or 'Y' shaped turning area with a minimum formed length of 11 metres and

minimum internal radii of 9.5 metres.

SA CFS has no objection to utlising public road for 'T' shape turnaround with the following condition:- - Private access shall be a minimum formed length of 11 metres and minimum internal

radii of 9.5 metres on bends, including bends connecting private access to public roads.

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- Vegetation overhanging the access road shall be pruned to achieve a minimum vehicular clearance of not less than 4 metres in width and a vertical height clearance of 4 metres.

- The gradient of the access road shall not exceed 16 degrees (29%), in steep terrain the construction of the public road or driveway shall be a sealed surface.

- Solid crossings over waterways shall be provided to withstand the weight of large bushfire appliances (GVM 21 tonnes).

Reason:

To ensure requirements of the CFS are upheld.

4. VEGETATION The Code Part 2.3.5 mandates that landscaping shall include Bushfire Protection features that will prevent or inhibit the spread of bushfire and minimise the risk to life and/or damage to buildings and property. - A vegetation management zone (VMZ) shall be maintained within 20 metres of the

dwelling (or to the property boundaries - whichever comes first) as follows: i. Trees and shrubs shall not be planted closer to the building(s) than the distance

equivalent to their mature height. ii. Trees and shrubs must not overhang the roofline of the building, touch walls,

windows or other elements of the building. iii. Shrubs must not be planted under trees and must be separated by at least 1.5

times their mature height. iv. Grasses within the zone shall be reduced to a maximum height of 10cm during the

Fire Danger Season. vi. No understorey vegetation shall be established within 1 metre of the dwelling

(understorey is defined as plants and bushes up to 2 metres in height). vii. Flammable objects such as plants, mulches and fences must not be located

adjacent to vulnerable parts of the building such as windows, decks and eaves viii. The VMZ shall be maintained to be free of accumulated dead vegetation during the

fire danger season. Reason:

To ensure requirements of the CFS are upheld.

5. WATER SUPPL Y The Ministers [Bushfire] Code Part 2.3.4.1 requires a dedicated and accessible water supply to be made available at all times for fire-fighting. - CFS notes no details are provided. - CFS recommends, either 5,000 litre static water supply independent of mains supply or

2,000 litre static water supply connected to mains supply and provided with an automatic float switch to maintain full capacity.

This determination may be used as the basis for issuing a variation to the building rules to alter the requirements of Minister's Specification SA78. Reason:

To ensure requirements of the CFS are upheld.

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6. Bushfire prevention and safety requirements shall be completed prior to occupancy of the building(s)

The building shall incorporate the construction requirements for building in Bushfire Prone Areas, in accordance with the Building Code of Australia, South Australian Housing Code and Australian Standard™3959 (AS3959) “Construction of buildings in bushfire prone areas”. Compliance with the fire protection requirements is not a guarantee that the dwelling will not burn, but provides a ‘refuge’ from the approach, impact and passing of a bushfire. Should there be any need for further information, please contact the CFS Planning & Development on (08) 8339 6900. Reason:

To ensure requirements of the CFS are upheld.

Additional Advisory Notes:

Engineering Requirements

Driveway Conditions:

Unless approved otherwise, construction of the driveway crossover shall be in accordance with Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

Driveway width as per the approved site plans A finished level on the driveway within 3m of the gutter is to be a minimum of 200mm above

the level of the adjacent gutter. Driveway grade is to be no steeper than 1 in 4 at any point. If you elect to carry out the works yourself (or via a contractor) evidence of Public Liability

Insurance must be provided to Council before any works can commence on the public verge/road.

Stormwater Detention

Due to the significant increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below: The volume of any detention device shall be equal to the volume of water generated on

the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that: An additional detention storage of 1,000Ltrs be provided in addition to the standard

1,000Ltrs retention tank provided; and The development utilises permeable paving for the proposed external paving work within

the development site. Stormwater Discharge

The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

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The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from surfaces within the subject land shall be controlled and

managed within the subject land. Excess stormwater runoff from the roof catchment shall be discharged to the street water

table through a sealed system to the satisfaction of the Council. Excess surface stormwater runoff generated by the development is to be managed within the

subject land or discharged to the street water table using a sump/pump arrangement or other methods acceptable to Council.

RECOMMENDING OFFICER

Theresa James Development Officer – Planning

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Council Assessment Panel Agenda 03 October 2017 Report Number: PR 5721.5

APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

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APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Residential Policy Area 29 Objectives:

Objective 1: Maintenance and enhancement of the low density, open, residential and foothills character that is derived particularly from: (a) the topographic and other natural features of the foothills location; (b) detached dwellings at low densities on individual allotments; (c) many dwellings on elevated land, orientated to take advantage of views across the Adelaide Plains; and (d) moderate to deep building set-backs, well vegetated and generally unfenced front gardens, and the natural

character of the adjoining Hills Face Zone.

Objective 2: A policy area which encourages development that protects the visual and environmental assets characteristic of the zone by ensuring that: (a) buildings are designed with form consistent with the natural environment; (b) buildings are low profile and unobtrusive with bulk and scale in keeping with the natural environment; (c) buildings are designed with colours and textures consistent with the surrounding environment; and (d) development does not impinge upon the amenity and privacy of existing residences. Subject:

DP Ref Assessment:

Desired Land Use O 1 Satisfied.

The development facilitates the intended use of the land for residential purposes.

Local Compatibility PDC 1-3 The dwelling is consistent with the Policy Area objectives in that it

comprises the construction of a detached dwelling which is orientated to take advantage of views across the Adelaide Plains.

The locality comprises many dwellings that fail to satisfy the provisions of the Policy Area in terms of bulk and scale. The proposed dwelling however has been designed with a low profile as viewed from the street, with the dwelling height maintaining a single storey profile when viewed from the adjacent road.

Whilst the render selection does not adhere to Policy Area provisions in terms of its light colouring, it is consistent with the existing colour palette of dwellings within the locality, particularly adjoining dwellings on the northern side of Bushy Park Drive.

Design for Topography PDC 4–12

The subject land is an existing allotment with a 17m drop across the 56.4m length of the allotment (approximate grade of 1 in 3.3).

The dwelling is sited as close as practicable the flattest portion of the subject land and no fill is positioned beneath the dwelling footprint, but rather the development includes steps to the perimeter of the dwelling and exposed footings. This ensures the existing ground levels at the boundaries are not altered.

Whilst the land has a natural slope of less than 1 in 4, vehicle access to the site achieves a grade of 1 in 4, satisfying Australian Standards with respect to vehicle access.

The development does include some fill in the rear year to enable usable private open space at an acceptable gradient, however these areas are set-back from neighbouring boundaries such that no

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retaining is required on boundaries. The fill is bordered by moss rocks, which will complement the natural character of the locality.

Site Areas and Frontages PDC 2–5

Satisfied.

Site Coverage

PDC 16 Satisfied.

Building Set-backs PDC 17

Departure.

The front elevation of the building is set-back in excess of Policy Area guidelines.

The Policy Area calls for dwellings to have a 4m set-back to at least one side or rear boundary, which this application achieves, and at least a minimum of 2m from all other side/rear boundaries.

The departure to the relevant policy applies to the eastern side elevation of the dwelling, specifically to the ensuite wall on the lower ground level and the pantry and bin storage wall on the entry level, which are set-back 1.8m and 1.6m respective. These external walls span for relatively short lengths, entail no windows and lay adjacent to the driveway on the adjoining land such that overshadowing or overlooking will not impact residents on adjoining land.

Building Height PDC 18 Departure.

The proposed dwelling has a maximum height measuring 11.2 above the immediate ground level beneath it, with sections of external walling greater than 6m prompting a non-complying assessment.

From the streetscape of Bushy Park Drive, the dwelling will measure approximately 3.5m above the road level due to the raised road level as compared to the ground level of the subject land.

The locality is characterised by existing dwellings of greater bulk, scale and overall building height as viewed from the street than that proposed by the subject development. Although the dwelling will exceed the non-complying threshold for vertical wall heights, it is deemed to fit within the existing streetscape character.

Existing dwellings on the southern side of Bushy Park Drive will sit above the subject dwelling as viewed from the Adelaide Plans.

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Summary of Residential Zone Objectives and Principles

Primary Residential Zone Objectives:

Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

Subject:

DP Ref Assessment:

Zoning and Land Use O 1–8 PDC 1

Satisfied.

See policy area comments for further detail. Building Appearance PDC 2–4 Satisfied.

The proposed dwelling exhibits an external form and fabric that fits well within the existing built form character that includes large two-storey dwellings.

The entry level of the proposed dwelling has been sited below the adjacent road level so as to reduce its prominence within the Bushy Park Drive streetscape, and better align with the existing land contours. The flat design and pitch of the roof reduces the appearance of the building from the streetscape and the Adelaide Plains, rendering it less visually prominent than other buildings within the locality.

The development is sited in a manner that allows for landscaping on all four sides of the proposed building, which will soften the overall appearance of the land as viewed externally from the site.

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Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 52: A compact metropolitan area.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques

Subject:

DP Ref Assessment:

Zoning and Land Use O 11, 52–54 PDC 1, 3

Satisfied.

Design and Appearance O 11 PDC 14–18, 23-28

Satisfied.

Building Set-backs PDC 161-162

Refer to Policy Area specific guidelines.

Building Height PDC 164 Refer to Policy Area specific guidelines.

Site Coverage PDC 165 Refer to Policy Area specific guidelines.

Private Open Space PDC 166, 169 Satisfied.

Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

Satisfied.

Privacy PDC 22, 174–176 The proposed development is located towards the front of the subject

land, similarly to the adjoining dwelling to the west.

The proposed building footprint is located wholly in front of the adjoining dwelling to the east, such that any overlooking is orientated towards the front yards and the side garage wall associated with that building, rather than the private open space at the rear.

As the proposed dwelling extends further north than the adjoining dwelling to the west, it will include a raised floor level where the proposed alfresco is positioned. However, to mitigate overlooking towards the west, the side of the alfresco is obscured by a rendered wall. A small section includes open timber slatted screens, which have been conditions to be spaced at no more than 15mm gaps, which will ensure direct and unreasonable overlooking from the outdoor entertaining areas is minimised.

The eastern wing associated with the entry level is located at a distance equivalent to an upper level given, the steep descend of the land beneath it. The western elevation of this wing includes the main living area windows, which have views over the Adelaide Plains to the north and west. The western windows are set-back approximately 16.5m to the side boundary providing spatial separation between the

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living room windows and the private open space of the adjoining land.

The locality is such that some degree of overlooking is unavoidable due to the steep topography and expectation within policy that advantageous views over the Adelaide Plains be achieved on new development.

Access and On-Site Car Parking PDC 177–182

Whilst the proposed driveway gradient is less than 1 in 5, Council’s engineer is comfortable with the proposed 1 in 4 gradient as it satisfies the relevant Australian Standard.

Access to Sunlight PDC 21, 183–186 Satisfied.

Given the orientation of the land and adjoining land, together with the position of the proposed dwelling and its relationship with dwellings on adjoining land, the proposed development is not expected to have any significant negative impact to sunlight access for adjoining dwellings.

Hazards O 39, 41-42 PDC 126–128,131-134,137-138

Satisfied.

There is currently minimal vegetation on the land that could give rise to hazardous bushfire risk, and the proposal has received no objection from the CFS on the latest version.

Conditions of planning consent include those listed in the response from the CFS to ensure the development is undertaken in accordance with the provisions in the Minister’s Code: Undertaking development in Bushfire Protection Areas.

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APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 1468m2 1000m2

Street Frontage 26m 21m

Design Characteristics Proposed Guideline

Site Coverage - Buildings only 16% 40% - Buildings and driveways 23% 50% - Total floor area 36% 50%

Building Height - storeys 2 storeys 2 storeys - metres 12.35m

Measurement take from tallest part of building to lowest part of land beneath dwelling footprint, not land immediately below that point.

6m

Set-backs Street Level - front boundary 9m 6m - side boundary 1.7m and 3m (east)

2.1m (west) 2m and/or 4m

- rear boundary 22.8m 2/4m Lower Level - front boundary 11.6m 6m - side boundary 1.8m (east)

2.4m 2m and/or 4m

- rear boundary 24m 2/4m Boundary Wall

- length N/A 8m - height N/A 3m

Private Open Space - percentage 70% 50% - dimensions 6m x 12m 5m x 8m

Car Parking and Access - number of parks 4 3 - width of driveway 7.6m 4.5m - width of garage/carport door 20.7% 33%

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