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Council Assessment Panel Meeting Agenda

Tuesday 03 July 2018 at 6pm

Council Chambers, 401 Greenhill Road, Tusmore

Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown, Kate Shierlaw 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 June 2018 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4 APPLICATIONS WITHDRAWN FROM THE AGENDA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: 5729.1

Page: 7

Application Number: 180\0155\18 Applicant: R & A Bills C/O Outset Design Location: 9 Grandview Grove TOORAK GARDENS SA 5065 Proposal: Single storey dwelling including verandah, garage, swimming

pool, portico and masonry front fence Recommendation: Development Plan Consent be granted Representors: Deborah Page – 16 Grandview Grove, Toorak Gardens (wish

to be heard)

Andrew Page & Naomi Brill – 5 Grandview Grove, ToorakGardens (wish to be heard)

Applicant: 34A Stepney Street, Stepney

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Council Assessment Panel Agenda 03 July 2018


Page: 25

Application Number: 180\0100\18 Applicant: Peter Bayssari Location: 330 Glynburn Road KENSINGTON GARDENS SA 5068 Proposal: Two double storey dwellings, each including swimming pool,

retaining walls, fencing and landscaping Recommendation: Development Plan Consent be granted Representors: Domenic Rugari – 5 Myall Avenue, Kensington Gardens (wish

to be heard)

Michael Richardson (MasterPlan) representing Ms SarahHammond – 332 Glynburn Road, Kensington Gardens

Applicant: 131A Seaview Road, Tennyson


Page: 41

Application Number: 180\0315\18 Applicant: Architects Ink Location: 603 The Parade MAGILL SA 5072 Proposal: Three storey detached dwelling including swimming pool Recommendation: Development Plan Consent be granted Representors: Michael Baker - 601 The Parade, Magill (do not wish to be

heard)

Philip Brunning and Associates (PBA) representing MrStephen and Mrs M’Liss Steel – 605 The Parade, Magill (wishto heard)

Applicant: PO Box 2467, Kent Town


Page: 57

Application Number: 180\0211\18 Applicant: I-think Design StudioLocation: 15 Vauxhall Street ERINDALE SA 5066 Proposal: Two-storey detached dwelling including porch, garage, cellar

and alfresco, retaining walls and fencing Recommendation: Development Plan Consent be granted Representors: Benjamin Tolley – 13 Vauxhall Street, Erindale (wish to be

heard)

Grant Pleass - 17 Vauxhall Street, Erindale (wish to be heard)

Applicant: 35 Portrush Road, Payneham

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6 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

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


Page: 71

Application Number: 180\0260\18 Applicant: Mr A Patrick Location: 3 Homestead Crescent SKYE SA 5072 Proposal: (Non-complying) Alterations and additions to existing dwelling

including deck, verandah and extension to existing carport Recommendation: Subject to concurrence from the State Commission Assessment

Panel, that Development Plan Consent be granted


Page: 85

Application Number: 180\0383\18 Applicant: D Glasshouse Projects Pty Ltd Location: 17 Bushy Park Drive AULDANA SA 5072 Proposal: Non-complying amendment to DA 180\0334\17 (Non-complying

detached dwelling including swimming pool, earthworks and retaining walls) to increase floor area and overall height of detached dwelling.

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

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

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


Page: 93

Application Number: 180\0655\17 Applicant: Abell Design & Construction Location: 4 Cudmore Avenue TOORAK GARDENS SA 5065 Proposal: Pergola including masonry pillars Recommendation: Development Plan Consent be granted

Previously deferred item returning to the Panel for further consideration.

8 OTHER BUSINESS

Nil

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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 excluded from this part of the meeting of the City of Burnside Council Assessment Panel dated Tuesday 03 July 2018 (with the exception of members of Council staff who are hereby permitted to remain), to enable the Panel to receive, discuss or consider legal advice, or advice from a person who is providing specialist professional advice.

10 CONFIDENTIAL MATTERS

10.1 LEGAL MATTER APPEAL

Nil

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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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Council Assessment Panel Agenda 03 July 2018 Report Number: PR 5729.1

DEVELOPMENT APPLICATION

Application Number: 180\0155\18

Applicant: R & A Bills C/O Outset Design

Location: 9 Grandview Grove TOORAK GARDENS SA 5065

Proposal: Single storey dwelling including verandah, garage, swimming pool, portico and masonry front fence

Zone/Policy Area: Historic Conservation Zone

Historic Conservation Policy Area 7 – Toorak Gardens (Fergusson Square)

Development Plan consolidated 19 December 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

Open Space

Technical Officer - Engineering

Delegations Policy: Unresolved representations

Recommendation: Development Plan Consent be granted

Recommending Officer: Renae Grida

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 dwelling on a residential site that benefits from a recent approval for a boundary realignment, located at 9 Grandview Grove in the suburb of Toorak Gardens. The dwelling will comprise three bedrooms (including the master suite with ensuite and walk in robe), bathroom, powder room, study, laundry, open plan living area, swimming pool, alfresco and double-width garage. The application also includes a masonry front fence.

2. BACKGROUND

The application was lodged on 26 February 2018 by Outset Design, on behalf of the registered owners of the land. The subject land, a described in Certificate of Title Volume 5779 Folio 422, comprises Lots 50 and 51, known as 9 Grandview Grove, Toorak Gardens. The land benefits from a recent boundary realignment approval (DA 180\0912\17), which sought to shift the existing boundary line further west, so as to retain the existing dwelling at 9 Grandview Grove (now known as Lot 9) and develop the allotment that previously contained the associated tennis court (known as Lot 8). The application was determined to be a merit form of development, pursuant to Section 35(5) of the Development Act 1993. For the purposes of public notification, the application was deemed to be Category 2, as prescribed by Historic Conservation Zone, Principle of Development 26 of the Burnside (City) Development Plan. The application documents were made available for public viewing for a period of ten (10) days, during which time Council received two (2) written representations, identifying concerns with the removal of the existing front hedge, boundary development impacts, front setbacks and the architectural style of the proposed dwelling. A copy of the representations was forwarded to the applicant, who provided a written response accompanied by amendments to the proposed development, by way of reduced boundary wall heights. As part of the assessment process, planning staff undertook internal referrals to Council’s Local Heritage Consultant, Open Space team and Technical Officer – Engineering, with regard to heritage impact and contribution, driveway location and on-site turning movements (with respect to the curved driveway) and impact to Council assets and stormwater management. The proposal is now presented to the 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 is a regular rectangular shaped allotment, located on the northern side of Grandview Grove, within the suburb of Toorak Gardens. The land has a site area of 823m² and single frontage of 18m, and depth of 45.72m. The land is relatively level and contained a tennis court ancillary to the dwelling on Lot 8, as well as vegetation, of which has since been cleared, resulting in a vacant site.

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3.2. Locality

The immediate locality comprises the western end of the streetscape comprising Grandview Grove, where it intersects with Warwick Avenue and Leighton Walk. The streetscape is characterised by grassed verges, mature and equally spaced White Cedar street plantings and low scale residential development, most comprising front fencing in the form brush fences, or combination masonry and vegetation. The streetscape character varies as notably, the subject land lies on the border of the Historic Conservation Zone and Residential Policy Area 13 – Dulwich. Dwellings to the immediate north and east of the subject land are consistently identified as Contributory Items and within the Historic Conservation Zone, however variably, the two dwellings immediately south and within the Historic Conservation Zone are not identified as Contributory Items (12 and 14 Grandview Grove, and 2 Leighton Walk). Properties to the west are located within Residential Policy Area 13 and are not identified as having heritage value. Notwithstanding, development is of comparable scale and proportions between the differing zones and whilst the site is located wholly within the Historic Conservation Zone, the adjoining zone forms part of the streetscape character relevant to the subject land.

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 Representations Received: Deborah Page – 16 Grandview Grove Toorak Gardens (wish

to be heard) Andrew Page & Naomi Brill – 5 Grandview Grove Toorak

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 development involves the construction of a single storey detached dwelling on

an allotment that comfortably achieves the minimum quantitative guidelines for such development within the Historic Conservation Policy Area 7;

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The nature of the proposed built form is consistent with the low density character envisaged for the policy area;

The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan; 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 7 – Toorak Gardens (Fergusson Square). The Established Historic Character statement for HCPA 7 describes the character as being derived from detached dwellings, predominantly interwar bungalows (some Tudor style) of consistent height, scale, setback and appearance and houses set on generous allotments. However, within the immediate locality, non-character style dwellings are evident within both the Historic Conservation Zone, and Residential Policy Area 13. The subject land is presently vacant, and is an existing allotment and benefits from a recent development authorisation for a boundary realignment. As the property at 9 Grandview Grove historically sits over two titles, the land has always had the capability to be developed in its own right. The proposed dwelling is best described as simplistic and contemporary, which in this setting, achieves the intent of new buildings within the Historic Conservation Zone by being complementary to, and compatible with the historic streetscape character. The proposed building on balance, adheres to setback guidelines, and reflects the scale and proportions of buildings that can readily be seen within the streetscape, and proposes external materials and finishes that are common features within the locality.

Table Bur/1 of the Development Plan seeks that new residential development within the Historic Conservation Zone is not intended to create new buildings which look old, but rather new building designs that are complementary to the heritage character of adjoining buildings and the surrounding area by relating sympathetically to the established character of the street and the historic period of subdivision and development.

Notably, the portion of the HCPA 7 west of the intersection of Grandview Grove and Warwick Avenue, being the immediately locality, displays a less cohesive character in the context of the Historic Conservation Zone and the policy area specifically, where the repetitive representation of character Bungalows and Tudors is fragmented, and instead, exhibits unlisted dwellings, such as at 12 and 14 Grandview Grove. The subject land also directly borders the Residential Zone to the west, where there a further increase in the variance in dwelling styles, albeit, still consistent in scale and proportions, with the exception of some obvious anomalies. When considering the appropriateness of a contemporary dwelling in this setting, it is pertinent to note that the dwelling is compatible without competing with the historic values of the area, as further emphasised by Historic Conservation Zone, Principle of Development Control 22. The proposed dwelling is considered appropriate in terms of its form, scale and proportions, so as to be a fitting addition to the streetscape without detracting from the established character of the policy area.

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The single storey nature of the building, together with a hipped roof form, is sympathetic to the streetscape without attempting to replicate traditional architectural features of Contributory Items within the streetscape. Historic Conservation Policy Area 7 seeks a front setback of 8m for new development. The proposed building is setback in line with this provision as it relates to the outermost portion being the front verandah/canopy. The garage is setback some 0.9m behind the front façade of the dwelling as sought by Council Wide Principle of Development Control 160, and is considered to be a recessive element, contributed further by it being partially obscured by the proposed front fence which will further diminish its presence within the streetscape. Whilst the building sits marginally proud of adjoining dwellings either side, the quantitative setback guideline is achieved, and given the extent of spatial separation between the proposed building and existing buildings either side, contextually, the building is not considered to result in any obtrusive or detrimental impact on the setting of adjoining buildings and their contribution to the streetscape. The building achieves a 1.5m to 1.8m side setback from the eastern side boundary, further emphasising and taking cues from the established character of the area in terms of patterns of space. The Historic Conservation Zone typically sees side setbacks from one side boundary maintained, with lean-to carports and like to the opposing side of the building, built up to the boundary. In this case, the 1.5m - 1.8m eastern side boundary, together with a 1.9m deep canopy forward of the proposed double width garage, provides for a visual buffer in further recessing the garage element and contributing to patterns of space evident within the streetscape. Historic Conservation Zone, Principle of Development Control seeks setbacks consistent with adjacent heritage items and with the existing historic character of the policy area. It is noted that proposed external wall heights are in realm of 3m – 3.8m and setback at varying distances. The relationship of side boundary setbacks and its impacts to the east is considered off-set by the generous space between the proposed building and existing building to the east. Conversely, the majority of the building itself is well setback from the western side boundary, and further diminished by proposed boundary development. The extent of boundary development extends to the western side only, and comprises the garage wall, wall adjacent to the proposed swimming pool, and wall associated with the proposed alfresco area. The walls vary in height from 2.2m – 3.2m, to be of a rendered painted finish, with new Colorbond fencing between. Whilst the length of the boundary work exceeds the 8m guideline set by Council Wide Principle of Development Control 161(d)(iv), it does not present as a consistent extensive length of wall as it varies in height, providing for visual relief. Additionally, the walls are adjacent to the length of driveway area relative to the neighbouring property at 5 Grandview Grove, and not directly adjacent to primary outdoor living spaces, which would have a greater amenity impact. External materials, finishes and colours are considered appropriate as they are reflective of materials that are commonplace within the locality and reinforce the historic built form elements of the Historic Conservation Zone. Timber, stone and steel roof sheeting are materials and textures commonly featured throughout the policy area, albeit in a more contemporary context. Council’s Local Heritage Consultant raised concern regarding the colour palette to the roof cladding and gutters, identifying it being too dark. Opportunity was given to the applicant to amend this aspect without result. It is considered that whilst a lighter grey tone is preferred, in the context of the site and locality, directly bordering the Residential Zone, the outcome of a darker tone for the subject dwelling is not considered to significantly detract from the established historic character of the streetscape and as such is considered acceptable in its current form.

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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, orientation 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

The policy area seeks for all buildings on the site of a dwelling to occupy not more than 40% of the site of the dwelling. The proposed development seeks to occupy 52.4% of the site, being a 12.4% variance from what the policy expects. Despite site coverage being greater than the prescribed guideline, the development provides for adequate 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

As the subject land previously contained a tennis court associated with the existing dwelling (located on what is now identified as Lot 8), the site has no pre-existing vehicular access. Given the presence of two mature and regulated White Cedar street trees within the verge, Council required the applicant to provide Arboricultural advice and undertake exploratory works in order to identify a suitable location for a new crossover. The report provided to Council prepared by Dean Nicolle has been reviewed by Council’s Open Space team (comprising internal Arborists), of whom concur with the advice provided, and support the new crossover with a 1.5m setback distance from the adjacent White Cedar street trees. The exploratory works identified that whilst the crossover will make an encroachment into the Structural Root Zone of Tree 1 only (the western-most tree), no major roots were uncovered and it is the opinion of the technical expert that the driveway crossover is unlikely to adversely impact the tree. Whilst the crossover will encroach the Tree Protection Zones of both trees, the recommendations to minimise adverse impact have been referred to in the conditions of consent, and deemed appropriate measures in protecting the street trees. The site plan further demonstrates that the development does not unreasonably impact on the trees insofar as the dwelling footprint is outside of the Tree Protection Zones, and the proposed front fence makes a less than 10% encroachment into this specified area, with all masonry components outside the Structural Root Zones. The siting of the crossover does result in a curved driveway. The turning movements have been demonstrated, and supported by Council’s Technical Officer – Engineering, for providing safe and convenient access. The proposed double-width garage provides for adequate off-street car parking in accordance with parking provisions contained within Table Bur/5. Overall, in terms of functionality and adherence to the quantitative guidelines of the Development Plan, whilst variances are evident, the proposed building footprint and its relationship to adjoining properties are not considered unreasonable in terms of amenity impacts.

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The excess in site coverage does not manifest to detrimental outcomes in terms of setbacks and private open space. The site achieves vehicular access in a way that balances the retention of, and minimal impact to, Council street trees.

7.4. Public Notification

Council received two (2) written submissions during the public notification period, both of which expressed concerns with the development and a desire to appear before the Panel to make a verbal submission. The main concerns raised within the representations relate to:

The removal of the existing front hedge to accommodate the proposed development;

Boundary development, insofar as the extent of boundary walls and their impact, and the fate of the existing brush fence between the subject land and 5 Grandview Grove;

Setbacks; and The architectural style of the proposed dwelling and its relationship to the Historic

Conservation Zone.

The applicant provided a written response to the representations received, together with amended plans. With respect to the hedge, it is confirmed that whilst it can be considered the hedge contributed to streetscape character, it itself is not a regulated tree, and it is not protected by a heritage listing to afford its protection. The proposed front masonry walling includes hedging and other landscape infill, to visually soften its appearance and positively contribute to the streetscape. Concerns surrounding the proposed boundary development, and in particular, the wall associated with the proposed garage element, the applicant has amended the design so as to lower the height of the wall by 300mm (3.5m reduced to 3.2m). Whilst still in excess of the 3m guideline, external wall heights of dwellings found within the policy area are of comparable dimensions, and together with the prevailing spatial separation, is not considered an unreasonable outcome. The applicant has also noted that the neighbouring property has landscaping that runs the length of the common boundary, which provides for a further visual buffer, as well as the siting being adjacent the neighbour’s driveway, with amenity impacts being within reason. It is confirmed that the siting of the proposed boundary walls necessitates the removal of the existing brush fence. Whilst fencing work requires development approval within the Historic Conservation Zone, the owners are responsible under the Fences Act to address civil matters. In the context however, the replacement of brush fencing with Colorbond fencing is a reasonable and expected outcome. Setbacks, in particular in relation to setbacks from the front property boundary, are reiterated to adhere to the prescribed quantitative figure contained within Historic Conservation Zone, Principle of Development Control 7. With respect to the architectural style and merit of the proposed building, it is considered that the design sufficiently references the height, scale and proportions of existing buildings. 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.

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7.5. Agency Referrals

Local Heritage Consultant Advice was sought from Council’s Heritage Consultant as part of the assessment process, where the following comments were provided:

The proposed residence presents as a simple form hipped roof dwelling and is consistent with similar residences across the road.

The roof cladding colour of Colorbond ‘monument’ and gutters of Colorbond ‘night sky’ are too dark for the HCPA, it is recommended that the roof and gutter colours are amended to a lighter grey colour that is more compatible with the visual amenity of the area.

The site seems to be overdeveloped and consequently, the front setback is approximately 2800mm proud of the eastern adjacent Contributory Item, however, as the dwelling is at the boundary of the HCPA, the disruption to the established setbacks of the area is limited.

The proposed setback is supportable as it maintains an 8000mm front setback and detailing in keeping with the heritage context and guidelines generally.

The dual garage is clad in timber shiplap and partially obscured behind the front fence of masonry; as such the garage will recede in the context – no heritage issues.

The proposed verandah fascia is not so deep that it detracts from or reads as a heavy mass element in the context – no heritage issues.

The proposed front fence is a contemporary design of masonry and steel rail and is sympathetic to the established character of the area – it is recommended that the masonry portion infront of the garage includes an additional masonry pier to the centre to break up the visual mass of this element.

Fences visible from the public streetscape should not be higher than 1800mm. The portion of fencing from the front façade wall of the dwelling to the front boundary should be tapered to 1550mm.

On balance, the proposal is supported from a heritage impact perspective. There is concern raised regarding the colour finish of the proposed roof cladding and gutters. It was recommended to the applicant that the colours be amended to a lighter shade of grey; however the applicant wished to proceed with the colours as proposed, aware that this aspect was not supported by Council’s Heritage Consultant.

Technical Officer – Engineering and Open Space Advice was sought from Council’s Technical Officer (Engineering and Open Space) in determining the suitability of the proposed development with regard to stormwater management, access/egress and impacts to Council assets, in this case, two regulated White Cedar street trees located in the Council verge. Council’s Open Space team initially suggested 3m setback distances from adjacent street trees for a new crossover and driveway location. Given the figure was not feasible, and given the site is an existing allotment, vehicular access is a necessity. The applicant sought advice from an independent Arborist (Dean Nicolle) who undertook exploratory trenching so as to determine a suitable location for the proposed new crossover and driveway. Upon receipt of the report, Council’s Arborist have since concurred with the advice and are satisfied with the level of impact and encroachment, subject to conditions (as included).

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Requirements of Council’s Technical Officer – Engineering included as conditions of consent with no concerns raised regarding stormwater management, and having reviewed turning paths with respect to the curved driveway, considers the proposal appropriate in achieving safe and convenient access/egress.

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; and

2. Development Application 180\0155\18, by R & A Bills C/O Outset Design, 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 All works in relation to the two (x2) regulated White Cedar (Melia azederach) street trees located within the Council verge adjacent the subject land shall shall be undertaken in accordance with the arborist report from Dean Nicolle dated 24 May 2018. Reason:

To ensure that no adverse impacts result to the regulated trees.

3 The western-most regulated White Cedar (Melia azederach) street tree shall have a Structural Root Zone of 3.0m as a radius from the centre of the trunk.

The eastern-most regulated White Cedar (Melia azederach) street tree shall have a Structural Root Zone of 3.1m as a radius from the centre of trunk.

The proposed crossover requires a Setback of 1.5m from the two adjacent White Cedar trees.

Crossover to be constructed using Permeable materials only. Roots are to be cut using a handsaw only, by the Project Arborist Roots larger than 60mm in diameter are to be reported to Councils Senior Arborist Street trees to be protected during development with bunting set 1.5m from the trunk

for duration of works. No storing of materials on road verge during construction.

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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. The Verge area is to be irrigated from October to May for a period of two years

following the driveways construction. At the completion of works a Certificate of Compliance is to be provided to

Council by the Project Arborist. Note: All contractors working on the site should be made specifically aware of the above conditions. Reason:

To ensure the health of the subject tree is not unreasonably impacted by the proposed development.

4 The establishment of all landscaping shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason: To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

5 All mechanical machinery associated with the heating, cleaning and filtration of the swimming pool shall not emit any noise which exceeds 45dB(A) when measured from the boundary of the subject land at the closest point to the mechanical machinery. Reason:

To ensure minimal amenity loss of adjacent properties.

Advisory Notes

1 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.

A driveway width of 4.5 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.

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.

Footpath Maintenance

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

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Stormwater Detention

Due to the 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

Renae Grida Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

18


APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Policy Area Objectives and Principles

Primary Historic Conservation Policy Area 7 – Toorak Gardens (Fergusson Square) Objectives: The Established Historic Character of Historic Conservation Policy Area 7 – Toorak Gardens (Fergusson Square) derives from:

(a) detached dwellings, predominantly interwar Bungalows (some Tudor style) of consistent height, scale, set-back and appearance;

(b) houses set on generous allotments, well set-back with uniform set-backs and generous side boundaries; (c) the repetition and consistency of the residential style of houses in Fergusson Square, generally of

historically intact Tudor Revival or Bungalow design, of one or two storeys; (d) the grid pattern and house allotment size which provides regularity and consistency all around the

Square; (e) the character of the streets facing Fergusson Square with all of the residences taking advantage of the

vistas across the Square; (f) the consistent low fences, including some original masonry fences, and well planted gardens

landscaped in an informal English style with mature shrubs and trees which provide an extremely attractive green environment around the Square as a setting of the intactness of the housing styles;

(g) the established street trees, which are generally mature prunus, and the generous grassed verges. 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.

The existing and lawful residential use of the land is maintained as a result of the proposed development.

Local Compatibility

PDC 1 Satisfied.

The site, whilst located wholly within the Historic Conservation Zone, has an immediate locality with a diminished heritage character due to the border of RPA 13, and adjacent non Contributory Items. The dwelling is not designed so as to replicate or compete with, the predominant dwelling style of the locality, but is of a sympathetic design taking cues from architectural features and elements found within the locality.

Site Areas and Frontages PDC 2–5

Satisfied.

Building Set-backs PDC 6

Satisfied.

The proposed dwelling satisfies the 8m front setback guideline as prescribed by HCPA 7 PDC 7.

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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 1-5

Satisfied.

The subject land is vacant and the zoning calls for such development, as per HCZ, PDC 3(a).

Building Appearance PDC 6-22

Satisfied. The style of the proposed dwelling is of a simplistic and

contemporary design and appropriately references built form elements of the established historic housing stock without attempting to replicate, or compete with, the heritage buildings that form the character of the policy area.

The proposed building is of a single-storey built form, envisaged by HCZ, PDC 8

The driveway is proposed to be landscaped to minimise detrimental impact on the streetscape appearance and the amenity of neighbouring residential allotments, and the location and design of the front fence further contributes to the garage being a recessive element in the overall built form.

The streetscape elevation demonstrates that the proposed building will be an inoffensive and positive contribution to the established streetscape character, maintaining the prevailing patterns of space and not detracting from the heritage values of the streetscape.

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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.

Subject:

DP Ref Assessment:

Zoning and Land Use

O 52–60 Satisfied.

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

Satisfied. The front setback satisfies HCPA 7, PDC 7.

Side Set-backs Minor Variance.

Whilst the external wall heights call for a setback of 2m (not including boundary walls), the shortfall is considered justified insofar as amenity impacts to neighbouring properties are sufficiently managed in terms of overshadowing, and spatial separation from adjoining buildings contributes to a lessened visual impact.

Rear Set-backs Satisfied

The dwelling satisfies CW PDC 161(d). Building Height PDC 164 Satisfied.

The proposed dwelling maintains the single-storey residential character of the locality.

The proposed dwelling satisfies CW PDC 163 in terms of quantitative building height.

Site Coverage PDC 165 Variance.

The proposal exceeds the 40% guideline sought by HCPA 7 PDC 8

Private Open Space PDC 166, 169 Satisfied.

The development provides for sufficient private open space that achieves the quantitative and qualitative provisions of CW PDC 166.

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Privacy PDC 22, 174–176 Satisfied.

Access and On-Site Car Parking PDC 177–182

Satisfied.

A new crossover/driveway location has been determined following extensive consideration in regards to the two regulated White Cedar street trees, and deemed acceptable in the location as proposed.

Turning paths demonstrate safe and convenient access/egress. The development accommodates sufficient off-street car parking

in accordance with Table Bur/5. Access to Sunlight PDC 21, 183–186 Satisfied.

The proposed dwelling will not result in a loss of northern sunlight access to habitable room windows or private open spaces associated with adjoining dwellings outside the measurable parameters of CW PDC 183.

Fences and Retaining Walls PDC 190–194 Satisfied.

The proposed front fence has been determined by Council’s Heritage Consultant as being an appropriate fencing treatment for HCPA 7.

The fence will maintain a degree of permeability thereby permitting a visual connection between the public and private realms.

Side boundary fencing is of an appropriate and commonplace material, and incorporates a tapered height between the building façade and front boundary as recommended by Council’s Local Heritage Consultant.

Trees and Other Vegetation

O 24-28 PDC 77-92

Variance.

There are two existing regulated White Cedar street trees located within the Council verge.

The siting of the proposed crossover/driveway results in an encroachment within the SRZ of the western-most tree – impacts of which have been identified, assessed and deemed acceptable by an independent Arborist and Council’s internal Arborist.

The level of impact to the trees from the proposed building itself is minimal; noting the dwelling is well outside the TPZ of both trees, and the masonry fence makes a less than 10% encroachment into the TPZ, whilst being outside the SRZ of each tree.

The level of impact is therefore considered acceptable. Swimming Pool

The Development Plan is generally silent on swimming pools, with the exception of noise generation.

Noise emissions are conditioned to be not exceed 45dB(A).

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APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 823m2 750m2

Street Frontage 18m 15m

Design Characteristics Proposed Guideline

Site Coverage - Buildings only 431.8m²

52.4% 40% (including verandahs)

- Buildings and driveways 492m² 59.7%

50%

Building Height - storeys 1 storeys 2 storeys - metres 5.2m 9m

Set-backs Lower Level - front boundary 8m 8m - side boundary 1.8m – 1.5m (e)

1.5m – On boundary (w) 2m

- rear boundary 4m 4m Boundary Wall

- length 6.68m (garage) 8.2m (alfresco)

8m

- height 3.2m (garage) 3.15m (alfresco)

3m

Private Open Space - percentage 219m²

50.7% of TFA 50% of TFA

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

- number of parks 2 2 - width of driveway 4.5m 4.5m - width of garage/carport door 5.6m

31% 33%

23


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Applicant: Peter Bayssari

Location: 330 Glynburn Road, Kensington Gardens

Proposal: Two double storey dwellings, each including swimming pool, retaining walls, fencing and landscaping

Zone/Policy Area: Residential Zone

Residential Policy Area 7 – Greater Kensington Gardens




Two (2) Representation received


Referrals – Statutory: Department of Transport, Planning and Infrastructure (DPTI)

Referrals – Non Statutory: Technical Officer – Engineering



Recommending Officer: Jake Vaccarella

REPORT CONTENTS



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

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The Applicant seeks Development Plan Consent for the construction of two double storey dwellings on a battle-axe configuration within an existing residential allotment contained wholly within Residential Policy Area 7 – Greater Kensington Gardens. Dwelling 1

Proposed Dwelling 1 is a typical two-storey building which is orientated towards the front of the allotment and features double garage, four (4) bedrooms (one with ensuite and WIR), bathroom, laundry, lounge room, open plan kitchen, meals and family areas and alfresco. Dwelling 2 Proposed Dwelling 2 sited at the rear of the allotment presents as a typical single storey building comprising a ‘room in roof’ design. The dwelling features double garage, three (3) bedrooms (one with WIR and ensuite), bathroom, study, retreat, open plan kitchen, family and meals area and alfresco. Vehicular access to both dwellings is gained via a new 6.0 metre wide shared access crossover from Glynburn Road, adjacent the north-western property boundaries.

2. BACKGROUND

Development Application 180\0100\18 was lodged on 12 February 2018 by Peter Bayssari of Seastone Developments Pty Ltd who is also the registered owner of the land. The proposal was determined to be 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 7, Principle of Development Control 9 (a) and (d). The application was made available for public inspection between 17 May and 31 May 2018, during which time Council received written submissions from two (2) external parties, both expressing a desire to appear in person before the Council Assessment Panel (the Panel) in support of their submission. The representations raised concerns with regard to overshadowing, relocation of bus stop, mass and proportion and confirmation of fencing/retaining wall heights. A copy of the submissions was forwarded to the application for consideration and response. The applicant’s response included revised plans which provide clarification with respect to some of the concerns raised and depict the following changes:

Shadow diagrams provided; Revised site plan now shows heights of retaining walls/fencing; Clarification of bus stop relocation (remains in front of subject land); and Location of pool equipment shown on revised site plan;

As part of the internal assessment process, the proposal was also referred to Council’s Technical Officer - Engineering for review. No concerns were raised with respect to the proposal and subsequent authorisation was granted for the relocation of the crossover pursuant to Section 221 of the Local Government Act 1999.

Pursuant to Council’s Delegation Policy, the application is presented to the Panel for consideration as a Category 2 development with unresolved representations.

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3.1. Subject Land

The subject land is an existing residential allotment on the eastern side of Glynburn Road in Kensington Gardens measuring approximately 1252 square metres with a frontage to the public road of 22.86 metres. The land currently contains an existing single storey detached dwelling constructed in the bungalow style in 1925.

3.2. Locality

The locality comprises both sides of Glynburn Road between Beulah Road to the north and The Parade to the south. Properties on the western side of Glynburn Road are contained within Residential Policy Area 6, whereas properties on the subject land’s side of Glynburn road are contained within Residential Policy Area 7. The streetscapes of Beulah Road, Eden Avenue, Cuthero Terrace and dwellings on the western side of Myall Avenue also form part of the locality on account of their proximity to the subject land. The locality is characterised by low density, single storeyed detached dwellings occupying relatively spacious allotments. The pattern of subdivision is relatively consistent along the eastern side of Glynburn Road with predominantly regular shaped allotments occupying detached dwellings. The western side of Glynburn Road is more varied in terms of its settlement pattern, with spacious regular shaped allotments accommodating detached dwellings interspersed with community titled group dwellings. The residential amenity of the locality is enhanced by the well-established, open, front gardens, spacious, grassed verges, native street trees and moderate street setbacks. The built form of the locality is characterised by a variety of architectural styles with a large concentration of post war and inter-war period dwellings, primarily in the bungalow style.




Category: Category 2 Reason: Residential Policy Area 7 Principle of Development Control 9 (a)

and (d) Representations Received: Domenic Rugari – 5 Myall Avenue, Kensington Gardens

(wish to be heard) Michael Richardson (MasterPlan) representing Ms Sarah

Hammond – 332 Glynburn Road, Kensington Gardens Third Party Appeal Opportunity: No



6. AGENCY REFERRALS


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7.1. Land Use

In relation to the current proposal, the following comments are made:

The proposal involves the construction of two double storey dwellings in a battle-axe configuration which maintains and enhances the established and desired residential character sought by the Policy Area;

The nature of the proposed built form is consistent with the low-to-medium density residential character envisaged for the Policy Area;

The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan; 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


Residential Policy Area 7 of the Development Plan seeks to maintain and enhance the low density residential character derived from single storey detached dwellings built in the inter-war period, with generous building setbacks and well-landscaped front gardens. The proposed development is generally compatible with these characteristics and is anticipated to enhance the streetscape character by introducing two new buildings of a suitably high design standard. Despite the policy area character referencing single-storey buildings, the locality comprises a mix of single-storey and two-storey development, where the proposed two-storey building (Dwelling 1) fronting Glynburn Road incorporates a modest first floor (10m wide) proportionate to the frontage of the allotment (22.86m wide) and references built form characteristics typical of bungalow and other inter-war style dwellings so as to achieve an appropriate and complementary relationship with the established housing stock of the locality. The siting of the building (Dwelling 1) maintains a generous setback from Glynburn Road and the presence of mature street trees along the road verge provides additional visual relief in the presentation of built form to the streetscape. In terms of its siting, the proposed building (Dwelling 1) will sit proud of both adjoining dwellings, but will remain consistent with the Development Plan guideline of 8 metres. While a greater front set-back may be more compatible with the siting of the adjoining dwellings, the locality is characterised by a range of front set-back distances and the proposed development is not considered inappropriate within this context. The proposed building also maintains the established pattern of spacing between buildings observed throughout the locality and achieves appropriate spatial separation between adjacent built form, reasonably satisfying the quantitative guidelines of the Development Plan concerning set-backs from side and rear boundaries. The proposed dwelling to the rear (Dwelling 2) features an upper level sited within the primary roof bulk of the building, thereby presenting as a typical single storey built form. Due its siting at the rear of the proposed battle-axe configuration, this dwelling will be largely imperceptible from the streetscape of Glynburn Road.

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In terms of its visual impact from adjoining properties either side of the subject land, both dwellings include vertical wall heights that are compatible with existing housing stock with Dwelling 1 including a modest upper level that assists in presenting a sympathetic external built from appearance to neighbouring properties on either side of the subject land. Although Dwelling 2 slightly offends the relevant (rear) boundary setback guidelines, the siting of the building is not seriously at variance with the Development Plan given the context of how it relates to neighbouring allotments. Accordingly, the proposal is not likely to prejudice the occupiers of adjoining land in terms of its bulk, scale and overshadowing effect.


Residential Policy Area 7 seeks a minimum site area of 600m2 per dwelling of any type and 625m2 for the head of a battle-axe (hammerhead) allotment. The indicative site for Dwelling 2 satisfies this guideline; however the site area retained for Dwelling 1 to the front of the subject land falls short of the relevant guideline by 77m2. The shortfall from the quantitative guideline is minor in the context of the site and locality and given the proposal comprises a battle-axe configuration; the increase in density will not be visually evident from a streetscape perspective. The development is largely consistent with the relevant quantitative guidelines of the Development Plan and is not considered to be an overdevelopment of the site. Despite Dwelling 1 slightly exceeding the total floor area guideline (59%) the dwelling achieves appropriate boundary set-backs and is compatible with the dominant character of the street. Both indicative allotments retain a sufficient area for private open space which likely to satisfy the needs of the future occupants. The proposed dwellings are serviced by a new 6.0m wide shared access crossover in the north-western corner of the site with access to and from Glynburn Road. The common driveway runs parallel to the northern boundary and is capable of accommodating two-way vehicle movements. A Statutory referral to the Department of Planning, Transport and Infrastructure (DPTI) pursuant to Schedule 8 of the Development Regulations 2008 was undertaken as the proposal involves the creation of a new access point. DPTI raised no objection to the proposed development subject to various conditions. The proposal satisfies Table Bur/5 of the Development Plan with respect to off-street car parking requirements, with each dwelling including a double garage and the indicative allotments retaining sufficient space for on-site vehicle manoeuvrability to enable vehicles to exit the site onto Glynburn Road in a forward direction. Council’s Technical Officer – City Development & Safety has reviewed the proposal and is satisfied with the driveway configuration. The proposed crossover works have been approved through a separate authorisation granted in accordance with Section 221 of the Local Government Act 1999.

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The proposal was determined to be a Category 2 development pursuant to Residential Policy Area 7 Principle of Development Control 9, which states:

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

(a) the dwelling or outbuilding is two or more storeys in height (where “two storeys” is defined as a total of one habitable floor level directly above another, not including an understorey garage), or more than 6.5 metres building height above natural ground level;

(b) the development will result in more than one dwelling within the area of the site of the development at the time the development is proposed; in which case the development is assigned to Category 2.

The proposal was made available for public inspection between 17 May and 31 May 2018, during which time Council received two (2) valid representations from occupiers of adjoining properties, all of whom expressed a desire to formally present their submission before the Panel. The primary issues of concern relate to overshadowing, relocation of street infrastructure, bulk and scale and lack of detail in proposal plans. The applicant responded to the representations by providing a revised set of drawings which aim to address some of the concerns raised through the public consultation process. The revised plans provide the following:

Clarification of the location and height of proposed boundary retaining walls and fencing;

Clarification of the location of pool equipment and confirmation that they will be enclosed;

Confirmation that the bus stop whilst being relocated will remain in front of the subject land;

Shadow diagrams detailing the degree of shadow cast by the proposed development over the adjoining property to the south at different times of the day at 21st June (Winter solstice).

Council considers that the planning matters raised through the public notification process have been sufficiently addressed through the overall design of the building and the amendments introduced following the notification period insofar as they are to be determined under the Development Act 1993.

7.5. Conclusion


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8. RECOMMENDATIONS



2. Development Application 180\0100\18, 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 1. All vehicles shall enter and exit the site in a forward direction. 2. All vehicular access to/from the site shall be gained via a single shared access point

to/from Glynburn Road and shall be located adjacent the northern property boundary, as shown on site plan (Project No. 1010.17 Rev A dated 08/05/18).

3. To accommodate simultaneous two-way vehicle movements in the vicinity of Glynburn Road, the 6.0 metres wide access at the property boundary shall extend at this width for a minimum of 6.0 metres within the property and the access shall be suitably flared from the property boundary to the kerb line.

4. To accommodate the 6.0 metres wide access adjacent the northern property boundary, the existing bus stop and associated infrastructure shall be relocated to DPTI's satisfaction with all costs being borne by the applicant. Upon approval of this application the applicant shall contact Mr Wayne Stewart, Senior Project officer, Public Transport Operations and Planning on telephone (08) 7109 7240 or via email [email protected] <mailto:[email protected]>.

5. The shared access and all on-site manoeuvring areas shall be kept clear of any impediments to vehicle movements (including meters, fences, vegetation, letterboxes and parked vehicles).

6. Clear sightlines, as shown in Figure 3.3 'Minimum Sight Lines for Pedestrian Safety' in AS/NZS 2890.1:2004 shall be provided at the property line to ensure adequate visibility between vehicles leaving the site and pedestrians on the adjacent footpath.

7. The obsolete Glynburn Road crossover shall be reinstated to Council's standard kerb and gutter at the applicant's cost. This shall be completed prior to operation of the development.

8. Stormwater run-off shall be collected on-site and discharged without jeopardising the integrity and safety of Glynburn Road. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant's cost.

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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 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.

3 Engineering Requirements Driveway Conditions:


The existing redundant driveway/gutter crossing must be removed and reinstated to kerb upon completion of the proposed gutter crossing.

A shared driveway width of 6.0 metres (maximum) is permitted at the kerb and gutter for the proposed driveway.


Footpath Maintenance:



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.

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Excess stormwater runoff from surfaces within the subject land shall be controlled and managed within the subject land.


4 Previous Consent

The applicant should be aware that the conditions of approval and advices issued with the previous consent (180\0423\11) where relevant remain valid and should be complied with.

5 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


Jake Vaccarella Development Officer – Planning

33


APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


34


APPENDIX 2



Primary Residential Policy Area 7 Objectives: Objective 1 Maintenance and enhancement of the low density residential character that is derived particularly from: (a) low density, single-storey detached dwellings interspersed with single-storey medium density dwellings of other types; (b) substantial bungalows and detached dwellings of other styles (mainly of the inter-war period), commonly set well back from street frontages in spacious, well-landscaped gardens that create an open and attractive character; and (c) mature trees, particularly indigenous eucalypts, the open banks and channel of Stonyfell Creek, extensive grassed verges, and hedges.

Principle of Development Control 1 Development should: (a) conserve and enhance the character of the Policy Area, described in Objective 1, and significant trees therein; and (b) 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 proposed development will maintain the existing and lawful residential use of the land.

Whilst the density will be increased, it is consistent with the ‘low density’ residential character sought by the Policy Area.

Local Compatibility PDC 1 Satisfied.

The proposal is compatible with the low density residential character observed throughout the locality.

There are a number of examples of two-storey developments within the locality, despite the Policy Area seeking single-storey development.

The proposed two-storey building (Dwelling 1) is well setback from Glynburn Road and features a modest first floor element comparable to the width of the site.

As such, the proposal presents to the street as a modest two-storey building which is considered to have a minimal and acceptable visual impact on the locality and adjacent land.


Minor Departure

Indicative site area for Dwelling 1 falls short of the 600m² site area requirement prescribed by the Policy Area.

The site areas proposed are in excess of the median allotment sizes of established development within the locality.

The battle-axe configuration ensures that the low, density spacious appearance of allotments and built form observed along this section of Glynburn Road is maintained.

35


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.

The proposed development maintains the residential use of the land of both single and two-storey built forms.

Building Appearance PDC 2–4 Satisfied.

The proposed dwellings are of a mass and scale which is consistent with mass and scale of neighbouring properties;

Dwelling 1 comprises a traditional design which references built form features typical of nearby bungalow and inter-war style dwellings;

Dwelling 2 comprises a more contemporary design incorporating a unique mix of high quality external materials and finishes across the external façade which provides articulation and visual interest.

Dwelling 1 comprises a modest upper level proportionate to the frontage of the site which assists in minimising the vertical profile of the building;

The proposed buildings fit well within the 9m height guideline of the Development Plan.

Design for Topography PDC 5–6 Satisfied.

The topography of the site is relatively flat with a slight upwards slope from the north-western corner to the south eastern corner of the site.

Dwelling 2 requires a minor degree of cut to achieve a stable and readily accessible building platform.

The incidental earthworks are considered appropriate in the context of the site and the topography of the locality and do not translate into issues of bulk and scale, visual dominance or sense of enclosure.

36










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.

Subject:

DP Ref Assessment:

Zoning and Land Use O 52–60 Satisfied.

Design and Appearance

O 11 PDC 14–18, 23-28

Satisfied.

The proposed development is considered to be of a high design standard and appearance that responds to positive aspects of the locality.

Building Set-backs PDC 161–163 Minor Departure.

Front Set-backs Satisfies 8m guideline prescribed by RPA 7, PDC 6

Side Set-backs Side set-back (south) shortfalls to Dwelling 1 and Dwelling 2 are

considered acceptable given the retention of space to the streetscape due to the shared driveway to the north.

Upper level side set-backs to Dwelling 1 are consistent with the 4m guideline.

Shadow diagrams demonstrate that the siting of the building is not anticipated to cause a significant loss of amenity in terms of access to sunlight within the parameters of the Development Plan.

Rear Set-backs Dwelling 2 falls short of the minimum rear set-backs by 300mm. The portion of the dwelling which encroaches within the 4m guideline

spans across 12m which translates to 52% of the width of the rear boundary.

37


As such, the proposed shortfall is not anticipated to prejudice the use of the adjoining property to the rear or cause overshadowing.

Building Height PDC 164 Satisfied.

Site Coverage PDC 165 Minor Departure.

The proposal generally accords with the DP guideline for site coverage however Dwelling 1 results in a total floor area exceeding the 50% DP guideline by 9%;

The excess in total floor area in this instance does not translate into problems of bulk, scale or land use intensity and the design appears to compensate through the use of appropriate design techniques which create articulation and visual interest across the external façade

Private Open Space PDC 166, 169 Departure.

The proposal fails to achieve the minimum areas for POS associated with each dwelling, however largely meeting the minimum dimensions required.

The POS achieved on site for both Dwellings 1 and 2 is considered appropriate given the context of the locality and POS associated with other residential flat buildings and group dwellings within the locality.

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

Satisfied.

The proposed buildings are considered suitable to the site and locality in terms of scale and proportions and are not anticipated to impair the amenity of the locality through the appearance of land, buildings or other conditions or factors.

The proposed building is considered to protect and enhance the visual amenity of the locality by providing a new development of high design standard and appearance, where development of this nature is prevalent.


The proposal involves a two storey building with floor levels that could overlook adjacent properties.

The proposal addresses this issue by way of window sill heights and fixed obscured glazing.

The windows across the primary facade of Dwelling 1 are orientated towards the public road and are not anticipated to overlook the windows or private open space areas of adjacent dwellings.


Satisfied.

The proposed dwellings are serviced via a new 6m crossover in the north-western corner of the site and common driveway which facilitates two-way vehicle movements into and out of the site to Glynburn Road.

The proposed access arrangements are supported by DPTI and Council’s Technical Officer with a subsequent authorisation to be issued pursuant to Section 221 of the Local Government Act 1999.

The proposed dwellings satisfy the off-street parking requirements prescribed by Table Bur/5.

The site has been determined to retain sufficient internal space for

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manoeuvrability of vehicles. Access to Sunlight PDC 21, 183–186 Satisfied.

Dwelling 1 is two-storeys in height and therefore could reasonably be expected to impose a degree of shadow over adjoining properties at certain times of the day.

The applicant has provided shadow diagrams to demonstrate the extent of shadow cast at different tie on the winter solstice.

The shadow diagrams provided indicate the amount of sunlight afforded to each adjoining property will remain consistent with DP guidelines.


The proposal includes details of boundary fencing and retaining walls.

The proposed retaining walls are appropriate in scale and not out of character with the locality, in which stepped allotments are a typical response to the slope of the road.

The proposed side and rear 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.

The proposed 1.8m high masonry fence is consistent with the pattern of fencing within the locality and ensures the privacy of the future occupants without appearing visually dominant from a streetscape perspective.

Swimming Pools PDC 170 Satisfied.

Swimming pools are common place in a residential zone. The development plan is silent on the location of swimming pools. The proposed swimming pools are located in ground and as such

have limited visual impact. Proposal plans indicate that associated pool equipment is located

within a sound attenuating enclosure thus satisfying PDC 170 with respect to noise.

Water Conservation PDC 200–201 Satisfied.

Energy Conservation PDC 31-32 Satisfied.

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APPENDIX 3


Site Characteristics Proposed D1 Proposed D2 Guideline

Site Area 523m2 625m2 m2

Street Frontage 22.86m N/A m

Design Characteristics Proposed D1 Proposed D2 Guideline

Site Coverage - Buildings only 37% 37% 40% - Buildings and driveways 59% 57% 50% - Total floor area 59% 37% 50%

Building Height - storeys 2 storeys 2 storeys (room in

roof) 2 storeys

- metres 8.9m 7.1m 9m Set-backs

Lower Level - front boundary 8.5m 35m 8m - side boundary South: 1.2m

North: 7.01 South: 1.2m North: garage on boundary

1.5m - 2m

- rear boundary 4m 3.7m 4m Upper Level - front boundary 7.5m N/A 8m - side boundary South: 4m

North: 8.6m South: 5.3m North: 8.9m

4m

- rear boundary 11.12m 8.3 8m Boundary Wall

- length N/A 6.5m 8m - height N/A 3m 3m

Private Open Space - percentage 41% 55% 50% - dimensions 11m x 8.7m 10.9 x 8.9 5m x 8m

Car Parking and Access - number of parks 2 2 2 - width of driveway 6m 6m 4.5m - width of garage/carport door N/A N/A 33%

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Applicant: Architects Ink

Location: 603 The Parade MAGILL SA 5072Proposal: Three storey detached dwelling including swimming pool

Zone/Policy Area: Residential Policy Area 4 – Magill (Romalo)






Referrals – Statutory: N/A

Referrals – Non Statutory: Technical Officer Engineering

Acting Senior Arborist



Recommending Officer: Jake Vaccarella

REPORT CONTENTS

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


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

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The applicant seeks Development Plan Consent for the construction of a new three-storey detached dwelling comprising two bedrooms (one of which including walk in robe and ensuite), laundry, wine cellar, lift, swimming pool, terraces (x2), open plan living, kitchen and dining areas, upper level balcony, entry balcony and garage capable of stacked car parking via an internal lift system.

2. BACKGROUND

The current application, DA 180\0315\18, was lodged by Marco Spinelli of Architects Ink Pty Ltd on 12 April 2018 on behalf of the registered owner of the land. A near identical application, DA 180\0948\17, was presented at the February 2018 Council Assessment Panel (The Panel) meeting where a decision for Development Plan Consent was recommended and subsequently granted. The development authorisation was then subject to a third party legal challenge by the owner of the adjoining allotment at 605 The Parade, whom applied to the Environment, Resources and Development Court to review the nature and categorisation of the approved development pursuant to Section 86 (1)(f) of the Development Act 1993. The basis for which the review was undertaken surrounded the question of a pedestrian “footbridge” included on the plans and its encroachment over the Council owned verge. Whilst the review is currently progressing through the Court, the applicant has submitted this second application as a means of obtaining a new development authorisation, albeit without the contested “footbridge” component, instead proposing an entry balcony contained wholly within the subject land. The current application was referred to Council’s Technical Officer Engineering and Acting Senior Arborist for assessment and placed on Category 2 public notification pursuant to the relevant provisions of the Burnside (City) Development Plan on account of the proposal involving the construction of a dwelling of two or more storeys. The proposal attracted two written submissions from the owners or occupiers of adjacent land; both opposing the development. The primary issues of concern relate to the height of the proposed building, bulk and scale, loss of views, site coverage, overshadowing, privacy and setbacks. The applicant was provided a copy of the written submissions and has responded to the issues raised with a supporting planning analysis prepared by Grazio Maiorano of URPS Planning Consultants. The application is now presented to the Panel as a Category 2 development with unresolved representations and a staff recommendation of approval, subject to conditions.


3.1. Subject Land

The subject land is a newly created allotment which was approved as part of a Torrens Titled land division in 2016, measuring approximately 529 square metres with a frontage to The Parade of 15.84 metres

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The land is currently vacant and naturally sloped from east to west. The site has been excavated to create a level building envelope and now has a significant drop in elevation below that of the public road. Locality Description The locality comprises both sides of The Parade between Connell Road to the north-east and Palomino Road to the south. The western side of The Parade forms part of Residential Policy Area 4 – Magill (Romalo) and the eastern side forms part of Residential Policy Area 9 – Northern Foothills. The locality forms part of the foothills of the Mount Lofty Ranges. The locality is therefore elevated and provides excellent views of the Adelaide Plains from public and private areas. The locality is predominantly characterised by detached dwellings on sloping land, some of which are split level. Dwellings have deep front setbacks from public roads which is typically a result of the land form or a wide council verge. Established built form along the western side of The Parade adopts recessed floorplans which are sited much lower than the street kerb, which enable views of the Adelaide Plains for those properties located on the eastern side of the road.




Category: Category 2 Reason: Residential Policy Area 4 Principle of Development Control 7 (a) Cut / Fill: The site has previously been excavated and will be constructed

upon this level building envelope. Representations Received: Michael Baker - 601 The Parade, Magill (do not wish to be

heard) Philip Brunning and Associates (PBA) representing Mr

Stephen and Mrs M’Liss Steel – 605 The Parade, Magill (wish to heard)

Third Party Appeal Opportunity: No



6. AGENCY REFERRALS

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



7.1. Land Use

The subject land is a vacant allotment on the western side of The Parade which was subdivided in 2016. Prior to the 2016 land division the site was wholly occupied by a

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tennis court which formed part of the rear of the property at 6 Armson Avenue, immediately adjacent the present western boundary. The proposed development will maintain the previous residential use of the land and as such is consistent with the Development Plan from a land use perspective.


The Development Plan seeks to maintain and enhance the low density, residential character of the Policy Area, being derived particularly from detached dwellings of up to two storeys in height and typically of conventional and other post war styles, with moderate building setbacks and well landscaped, open front gardens. The development is reasonably consistent with the character of the locality in terms of density and patterns of subdivision. The locality consists primarily of detached dwellings of up to two storeys in height. The western side of The Parade is characterised by split level buildings which respond to the natural topography of the land, presenting a low profile to the streetscape which then increase in bulk and scale as they extend into the rear of these sites, to maximise views of the Adelaide Plains. The eastern side of The Parade is highlighted by predominantly two-storey buildings sited on elevated land that slopes upwards from the street level and large, generally open front gardens. The proposal when considered in the broader sense of the surrounding locality is largely consistent with the established pattern and form of development throughout the policy area. As reflected in RPA 4 Objective 1, the locality is characterised by primarily one and two-storey dwellings. The proposed dwelling clearly presents a form, proportion, bulk and scale typical of a three-storey building when viewed from the rear elevation. However, this is consequential of the unique natural topography of the area and is not considered to translate into unreasonable external amenity impacts upon adjoining occupiers of land, given the adequate spatial separation from property boundaries, proposed vegetation screening and high level of articulation through appropriate use of materials/finishes and fenestration. The proposal comprises of a contemporary, architecturally designed detached dwelling sited upon a previously excavated building envelope, which is set down approximately 6 metres lower than the street level of The Parade. Due to the narrow alignment of the site in comparison to adjoining allotments, the built form extends further into the rear of the site than the established built form adjacent site at 601 and 605 The Parade. As the dwelling transitions further into the rear of the subject land, it undoubtedly presents to neighbouring properties as a three-storey building, with a considerable vertical profile observed for both side and rear elevations. The applicant has minimised the extent of uninterrupted walling along the northern elevation in the most recent set of revisions by reducing the length of this wall from 25.2 metres to 18.2 metres. Whilst the proposal results in a notable departure from the Development Plan guidelines concerning upper level setbacks from side and rear boundaries, it has been highlighted in the response to representations by URPS that the subject land is located in a Residential Code area and as such, some dispensation could generally be applied in relation to the upper level setbacks given that Schedule 4 of the Development Regulations 2008 allows for reduced numerical criteria in comparison to the guidelines of the Burnside (City) Development Plan. When considered against the Residential Code criteria, the proposal still fails to meet upper level setback requirements by 900mm respectively, albeit aligning more appropriately with the Schedule 4 criteria than the relevant Development Plan guidelines.

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In saying this, it should be noted that the proposal before the Council is one to be assessed on merit against the guidelines of the Burnside (City) Development Plan. The reference to Residential Code criteria is simply there to provide an additional contextual perspective as this particular locality is one designated by the Minister for complying “new dwelling” proposals. The most recent revision of the proposal observes a substantial reduction in the vertical profile of the building along the northern elevation by virtue of the external wall being reduced by 7 metres. This has substantially reduced the bulk, scale and visual massing of the building when viewed from the private open space area of the adjoining property at 605 The Parade and enables greater provision of westerly views of the Adelaide Plains. The revised proposal also reduces the ‘sense of enclosure’ created around the private open space area of the adjoining property which was consequential of the external wall along the northern elevation which projected deep into the allotment. The proposal is at odds with the Development Plan guideline concerning site coverage, with particular reference to the total floor area of the building relative to the area of the site. This is largely due to the extensive Council verge which comprises an area of approximately 250 square metres which is excluded in the calculation of total floor area. Typically, this area would form part of a conventional allotment, and in the context of the locality, the road verge offers an appropriate buffer between built form and the street, of which the proposed development maintains. The exclusion of this ‘Council verge area’ results in a substantially high percentage of total floor area proportionate to the ‘true’ site area and as such could be considered to inaccurately reflect the impact of the proposed development in terms of its bulk, scale and overshadowing effect. Also, it is important to note that much of the proposed building is open and comprises an outdoor swimming pool and outdoor dining area that form part of the primary outdoor use areas. On account of the above, the proposal has been designed and sited in a manner that will not unreasonably impact the amenity of adjoining occupiers of land in terms its visual impact, bulk and scale and overshadowing effect.


The Development Plan offers guidance on wall heights that relate to an upper level (being where the finished floor level is 1.5 metres above natural ground level) and states a setback from side boundaries from upper level walls should generally not be less than 4 metres. The proposed 9 metre high external wall along both the northern and southern elevations encroaches within this guideline by 50% and 25% respectively. It should also be noted that this guideline is based upon a typical two-storey wall height of 6 metres, not 9 metres as proposed. This variance can be attributed to the narrow alignment of the site which logically necessitates the footprint of the building to extend deep into the allotment, rather than occupy the width of the allotment, which is what is more commonly observed throughout the locality. Despite the abovementioned shortfalls with regard to set-backs from side boundaries, the proposed building is considered to maintain adequate spatial separation from adjacent built form and areas of private open space on neighbouring land and has been substantially reduced in terms of its vertical profile and visual massing along the northern elevation, to achieve a more complementary relationship with the established residential character of RPA 4.

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The proposal seeks vehicular access via a new crossover sited in the south eastern corner of the Council road reserve. Council’s Traffic Engineer is satisfied that the driveway gradients meet the relevant Australian Standard including the transition grades and vehicle turning areas across the Council road reserve. Council’s Engineer also supports the proposal with regard to stormwater management. The proposed driveway and crossover works have been approved through a separate authorisation granted in accordance with Section 221 of the Local Government Act 1999. Additionally, the proposal results in the removal of Council owned tree (White Cedar) sited within the road verge. Council’s Acting Senior Arborist has supported the removal of this tree with the costs to be borne by the applicant.


The application was determined to be a Category 2 development pursuant to Residential Policy Area 4 Principle of Development Control 7 (a) which states:

“The following kinds of development are assigned to Category 1: Dwelling, except where: The dwelling or outbuilding is two or more storeys in height (where “two storeys” is defined as a total of one habitable floor level directly above another, not including an understorey garage), or more than 6.5 metres building height above natural ground level; in which case the development is assigned to Category 2.

The proposal was made available for public inspection between 03 May and 17 May 2018, during which time Council received two (2) valid representations from occupiers of adjoining properties, all of whom expressed a desire to formally present their submission before the Panel. The primary issues of concern can be summarised as follows:

Building Height (number of storeys) Bulk and scale Setbacks Site Coverage Overshadowing Privacy Loss of views Boundary inconsistency

The applicant has responded to the representations through a private planning consultant (URPS). Their response can be summarised as follows:

Proposed building height will not exceed maximum height guideline of 9 metres; Proposed front and side setbacks reflect the established spacing between

buildings as viewed from The Parade; Proposed setbacks are more aligned with Residential Code criteria; Justification for total floor area departure; Burnside (City) Development Plan does not contain provisions that aim to preserve

views from development; Applicant has had the land professionally surveyed to accurately establish location

of boundaries;

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Windows have sill heights that are 1.6m above relative floor level, blade walls and ‘Vental’ adjustable blinds to the outside of building to maintain privacy for adjoining neighbours;

Existing 4.5m high chain wire fence is to be retained and covered with creeper vegetation to further mitigate overlooking potential;

Provision of overshadowing diagrams have been provided which confirm the proposal satisfies relevant DP guideline concerning access to sunlight; and

Provision of detailed landscaping plan provided to enhance visual amenity and maintain adequate privacy.

7.5. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0315\18, 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 fixed aluminium vertical blades as depicted on both windows on the south elevation and the proposed ‘vental’ adjustable blinds to all western windows 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 The existing chain wire mesh fence is to be retained as part of the proposed development to enable the proposed creeper vegetation to provide additional screening to the adjoining residence to the west. Reason:


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4 The landscaping delineated on the stamped and approved plans shall be maintained in good health and condition at all times to the reasonable satisfaction of Council. The establishment of all landscaping shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

Advisory Notes

1 Engineering Requirements


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.


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.







Excess stormwater runoff from surfaces within the subject land shall be controlled and managed within the subject land.


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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.

Open Spaces Requirements

The cost for the removal of the White Cedar located in the Council verge is $7232

including GST (This will include the amenity value, cost of removal and two replacement trees including maintenance).

One replacement tree will be replanted adjacent the property and if additional spots are not available for the second then it will be planted in another location in the vicinity


Jake Vaccarella Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Residential Policy Area 4 Objectives:

Objective 1 Maintenance and enhancement of the low density, residential character that is derived from primarily detached dwellings of one storey (or, on elevated sites, two storeys), typically of conventional and other post-war styles, with moderate building set-backs and well-landscaped, open front gardens.

Objective 2: Protection and enhancement of the significant trees and densely vegetated character of the Romalo Avenue and Ormond Avenue area. Subject:

DP Ref Assessment:

Desired Land Use O 1 Satisfied

The proposal seeks to consolidate the residential land use through the construction of a dwelling. As such the proposal displays general consistency with the desired residential use of the land.

Local Compatibility PDC 1 Variance

The proposal occupies of a newly created allotment and as such maintains the low density character sought by the Policy Area;

The dwelling fails to adequately compliment the form, scale, design and siting of the established residential character;


Satisfied

Despite a minor shortfall in minimum site area, the proposed development will occupy a newly created allotment which was approved in 2016 and by virtue of this is determined appropriate for its future intended residential use.

Building Set-backs

PDC 6 Variance

Numerically the proposed dwelling is closer to the front boundary than neighbouring dwellings; however this is due to the angled alignment of the respective front boundaries.

The proposed dwelling will actually be setback a minimum of 2.1 metres further from the gutter of The Parade than neighbouring dwellings, due to the gradual bend in the road. As such, the proposed front setback is clearly appropriate and satisfies the intent of front setback guidelines.

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


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

Subject:

DP Ref Assessment:


Satisfied

Building Appearance PDC 2–4 Satisfied

The vertical profile of the proposed building as viewed from adjacent properties on the northern and southern side boundaries is excessive.

Given the subject land falls away immediately from the street level; the proposed building presents a relatively sunken appearance to the streetscape of The Parade.

Despite the substantial vertical profiling of the building as viewed particularly from the northern elevation, the proposal achieves an appropriate degree of articulation on account of its high quality architectural design and vegetation screening including retention of the existing tennis court fence which will provide further visual relief from the extent of both side elevations.

The neutral colour palette and use of ballasted roofing system is not considered highly reflective or likely to cause unreasonable nuisance to residents in the locality.

Design for Topography

PDC 5–6 Satisfied

The subject land has already been excavated as it was previously used for a tennis court on the existing Allotment at 6 Armson Avenue. As such, the proposal does not require an extensive amount of earthworks to achieve a level building envelope.

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Subject:

DP Ref Assessment:

Zoning and Land Use

O 52–60 Satisfied

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

Satisfied.

The proposal comprises an architecturally designed, overtly contemporary building featuring in situ form concrete, large floor to ceiling north facing windows, multi-level enclosed courtyard featuring swimming pool, entry bridge and car lift which facilitates car access and multi-level car parking.

The building presents a fairly sunken appearance to the streetscape of The Parade as a result of the sheer decline in ground level from The Parade to the rear of the site.

The siting of the building in relation to side boundaries results in a considerable amount of uninterrupted walling within proximity to both northern and southern boundaries. However, recent amendments comprise a reduction in the vertical profile of the building along the northern elevation, minimising the visual massing of the building when viewed from the neighbouring property to the north.

Building Set-backs PDC 160 - 161 Front Set-backs

Variance – see Policy Area comments

Side Set-backs Variance Both northern and southern side set-backs from the upper level

external walls represent a substantial departure from the 4 metre guideline of 2 metres and 1 metre respectively.

Given the adjoining property to the south at 601 The Parade is sited on substantially higher ground level, the ‘true’ visual impact of the southern elevation is less consequential

Vegetation screening is proposed along both side boundaries. Whether they are likely to minimise the visual bulk and scale of the

53


external walls is unfounded.

Rear Set-backs Minor Variance The bulk of the proposed building achieves a setback of 7.52m from

the rear boundary, which represents a minor departure from CW PDC 161 (c) by 480mm.

The adjoining property to the rear at 6 Armson Avenue is set-back approximately 16m from the subject land and 23.5m from the proposed building. As such the proposed development provides adequate separation between established built form to the rear and does not give rise to additional bulk and scale issues.

Building Height PDC 163 Satisfied.

The building height has been reduced in height through the latest set of amendments and is now consistent with the 9 metre maximum building height guideline.

Site Coverage PDC 164 Variance.

The proposal results in a total floor area exceeding the 50% DP guideline by 32%.

Whilst it could be argued that this departure is misleading based on the fact that the 250 square metres of Council owned verge is not taken into account when calculating the ‘area of the site’, the substantial variance from the guideline does translate into issues of bulk, scale and mass which in turn result in unacceptable impacts to the amenity of occupants of adjoining land.

Private Open Space PDC 165 - 168 Satisfied

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

Satisfied


The dwellings have been designed to capitalise on the lands potential to enjoy panoramic views of the Adelaide Plains from the western facing windows and terrace area.

Extended wing walls and floor slabs prevent occupants from looking down and sideways from the terrace and main living areas.

Vental blinds fitted to all west-facing glazing further assists in ensuring the privacy of adjoining occupiers of land is maintained.

Openings along the northern and southern elevations have a sill height of 1.6m above the relevant floor level;

Windows along the southern elevation are fitted with fixed aluminium vertical blades (45 degree);

The suspended entry balcony comprises a 1.2m high balustrade which is aligned parallel with the side boundary shared with 601 The Parade. The walkway may allow limited overlooking upon the side driveway of 601 The Parade; however will not project to a point that allows overlooking into private open space areas or habitable room windows.


Satisfied.

The dwelling satisfies off-street parking requirements prescribed by Table Bur/5.

The proposed crossover location and driveway configuration which is

54


sited over the Council verge has been approved by Council’s Technical Officer – Engineer in accordance with Section 221 of the Local Government Act 1999.

Access to Sunlight PDC 21, 183–186 Satisfied.

The dwelling is two storeys in height and therefore could reasonably be expected to impose a degree of shadow over adjoining properties at certain times of the day.

The applicant has provided shadow diagrams to demonstrate the extent of shadow cast at different times during the winter solstice.

The shadow diagrams provided indicate the amount of sunlight afforded to each adjoining property will remain consistent with DP guidelines.

Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied.

Council’s Tree Management Officer has consented to the removal of a Council owned ‘White Cedar’ street tree sited within the road reserve to allow for the provision of the new driveway crossover.

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APPENDIX 3



Site Area 529m2 550m2

Street Frontage 15.84m 15m


Site Coverage - Buildings only 31% 40% - Buildings and driveways 31% 50% - Total floor area 82% 50%

Building Height - storeys Three (3) storeys Two (2) storeys - metres 9m 9m

Set-backs Lower Level - front boundary Property boundary: 0m

Road Gutter: 17m 8m

- side boundary North: 2m South: 3m

1.5 - 2m

- rear boundary 7.52m 4m Upper Level - front boundary Property boundary: 0m

Road Gutter: 17m 8m

- side boundary North: 2m South: 3m

4m

- rear boundary 7.52m 8m Boundary Wall

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

Private Open Space - percentage 57% 50% - dimensions 7.52m x 18.06m 5m x 8m

Car Parking and Access - number of parks 4 2 - width of driveway 3.5m 4.5m - width of garage/carport door 37% 33%

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Applicant: I-think Design Studio

Location: 15 Vauxhall Street ERINDALE SA 5066

Proposal: Two-storey detached dwelling including porch, garage, cellar and alfresco, retaining walls and fencing


Residential Policy Area 12 - Erindale






Referrals – Non Statutory: Technical Officer – Engineering

Open Space




REPORT CONTENTS



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

57



The Applicant seeks Development Plan Consent for the construction of a two-storey detached dwelling, inclusive of a double-width garage, porch, cellar and rear alfresco, retaining walls and fencing, on an existing residential allotment. The dwelling will comprise garaging, master bedroom including ensuite and walk in robe, guest bedroom, bathroom, laundry, open plan living areas and rear alfresco to the ground level, and two bedrooms, bathroom and retreat to the upper level. The dwelling is a modern contemporary design of a high standard, featuring a skillion roof form, feature stone blade walls and varied cladding materials.

2. BACKGROUND

Development Application 180\0211\18 was lodged on 15 March 2018 by I-Think Design Studio, on behalf of the registered owners of the land. The application was determined to be a merit form of development, pursuant to Section 35(5) of the Development Act 1993. For the purposes of public notification, the application is assigned to Category 2, as prescribed by Residential Policy Area 12 – Erindale, Principle of Development Control 8 of the Burnside (City) Development Plan. The application was made available for public viewing for a period of ten (10) business days, during which time Council received two (2) representations, identifying concerns relating to bulk and scale, setbacks, overlooking and privacy, streetscape presentation, front fencing, site levels and drainage and the placement of air-conditioning units. Initial concerns were raised with the applicant with regards to bulk and scale, setbacks and compatibility with the established streetscape. As a result of Council’s correspondence and representations received, amendments have been made to the plans by way of, but not limited to, increased setbacks from side boundaries and reduction in floor area , accompanied by a written response prepared by ‘Masterplan’ on behalf of the applicant. As part of the assessment process, the application was also referred to Council’s Technical Officer – Engineering and Open Space team in relation to the suitability of access, stormwater management and impacts to Council assets. An assessment against the relevant provisions of the Development Plan has now been completed and the application is presented to the Council Assessment Panel (the Panel) with a staff recommendation that consent be granted, subject to conditions.


3.1. Subject Land

The subject land is an existing regular shaped allotment fronting Vauxhall Street in the suburb of Erindale. The land has a site area of 696.77m², frontage of 15.24m and depth of 45.72m. The land is relatively flat, however experiences a mild descent to the north-western corner of the site. The land is currently occupied by a single-storey detached dwelling of a ‘Spanish Mission’ style, constructed in the 1930’s, together with ancillary domestic structures.

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3.2. Locality

The locality comprises land on both the northern and southern sides of Vauxhall Street, bound by Lockwood Road to the east and Talbot Street to the west. The locality is located wholly within Residential Policy Area 12 – Erindale. The pattern of division is regular, and the streetscape comprises exclusively single storey buildings. The established built form character within the street is primarily older housing stock, from the 1930’s 1950’s on average, noting sprinklings of later development, forming nonetheless, part of the established streetscape character.




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

8(a), (b), (c) Representations Received: Benjamin Tolley – 13 Vauxhall Street, Erindale (wish to be

heard) Grant Pleass - 17 Vauxhall Street, Erindale (wish to be heard)

Third Party Appeal Opportunity: No



6. AGENCY REFERRALS



7.1. Land Use

In relation to the current proposal, the following comments are made: The subject land is located within the Residential Zone and is currently utilised for

residential purposes; The proposed development is not identified as a non-complying kind of

development in the Burnside (City) Development Plan; The Development Plan does not explicitly preclude two-storey development; and If it can be demonstrated that the proposed development has 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.

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The proposed development involves the construction of a large two-storey detached dwelling on an existing residential allotment within Erindale. The design of the dwelling exhibits contemporary features, such as parapet walls, highlight windows, skillion roof elements and large window openings. The scale of the proposed development is larger than existing development within the locality. Notwithstanding this, the Applicant has designed a building that has due regard to the guidelines of the Development Plan. Whilst Objective 1 of the Residential Policy Area 12 seeks the enhancement of the low scale residential character derived particularly from primarily single-storeyed detached dwellings, at low density, in a variety of styles with well established, open, front gardens and grassed verges, the policy area does not include any provisions the explicitly preclude two-storey development. Notwithstanding it is acknowledged that a built form outcome of this nature would be an anomaly within the existing streetscape. The proposed dwelling initially sought upper level side setbacks as short as 2m from the relative side boundaries. The design has since been amended resulting in increased side setbacks as they relate to both the ground level and upper level of the building. Most notably, the upper level side setbacks have been increased to 3m from each relative side boundary. Whilst still not strictly achieving the 4m guideline, the increase assists in reducing the obtrusiveness of the building as viewed from the street, and better concentrates the upper level away from side boundaries so as to retain appropriate patterns of space.

Furthermore, the entire building envelope has been shifted further north on the site, so as to increase the front setback to better adhere to the front setback guidelines of the policy area, and result in an improved relationship to adjoining buildings and its overall setting within the existing streetscape. Setbacks present with a 7.2m dimension to the portico and 8.0m to the building line. The façade exhibits a high level of articulation, where it progressively steps back from the central point of the front elevation so as to better relate to existing buildings either side, whilst, in part, achieving the qualitative intent of the setback guidelines of the Development Plan. The location of the garage on the eastern side boundary is considered acceptable from a streetscape impact as it is not uncommon for garages to be located on side boundaries. Whilst the height of the boundary wall is excessive, its visual impact will be reduced due to the difference in ground level of the adjoining land it abuts.

Due to the north/south orientation of the allotment, and neighbouring allotments, the extent of overshadowing will be minimal, and well in accordance with relevant guidelines. Additionally, all side and rear facing upper level windows have a sill height set in excess of the 1.6m guideline of the Development Plan, which in turn protects the privacy of adjoining properties from direct and unreasonable overlooking.


The proposed building footprint fits well within the site boundaries, as delineated on the proposed site plan. The development comfortably satisfies site coverage and total floor area guidelines, whilst providing for sufficient and useable private open spaces associated with the dwelling. The proposed building footprint, when considered against the shortfalls in setbacks, on balance, does not result in an overdevelopment of the site.

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The proposed building nominates a finished floor level of 99.650, resulting in minimal site preparation works and low associated retaining walls, noting that the floor level of the proposed dwelling will be some 0.2m lower than that of the existing dwelling on the site, and follows the stepped nature of floor levels along the street, as illustrated via the streetscape elevation. The development seeks to retain the existing crossover located at the eastern end of the frontage, albeit with minor modifications in the order of widening the crossover (not beyond the 4.5m guideline), whilst maintaining a 1.5m clearance from the adjacent street trees, in accordance with the requirements of Council’s Open Space team.


The application was determined to be a Category 2 development pursuant to Residential Policy Area 12, Principle of Development Control 8(a), (b) and (c). During the notification period, Council received two (2) written submissions from the adjoining properties directly east and west of the subject land, raising the following concerns:

Bulk and scale; Building setbacks; Overlooking; Streetscape presentation; Front fencing; Site levels and drainage; and Placement of air-conditioning.

The applicant responded to the representations, insofar as:

Ground floor setbacks increased by 1.0m; Upper level western side setback increased from 2.06m to 3.15m; Upper floor level footprint decreased from 73.85m² to 64.48m²; Removal of rendered upper level window frame to the front (southern) elevation; Reduced the width of the crossover to ensure compliance with street tree setback

requirements; and Removal of the front fence component from the application.

Full copies of representations and the applicant’s response to representations are included as attachments. 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.


The application was referred to Council’s Technical Officer and Open Space team. Standard comments were received from the Technical Officer. Council’s Arborist requires a 1.5m set-back to the adjacent street tree, which has since been demonstrated on the plans is achievable.

7.6. Conclusion


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8. RECOMMENDATIONS



2. Development Application 180\0211\18, by A Ithink Design Studio, is granted Development Plan Consent subject to the following conditions:

Conditions



2 The establishment of all landscaping shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

Advisory Notes

1 Driveway Conditions:

The modifications to the existing driveway crossover requires a minimum 1.5m setback from existing street trees


A driveway width of 4.5 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.


Footpath Maintenance


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Due to the 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.


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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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Residential Policy Area 12 - Erindale 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. Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

(a) on land with frontage to Kensington Road and to Glynburn Road; and (b) adjacent to the Local Centre Zone.

Subject:

DP Ref Assessment:

Desired Land Use O 1 Satisfied.

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

Local Compatibility PDC 1 Variance.

The proposed density is considered consistent and envisaged by the policy area.

Two-storey development, whilst not explicitly precluded in this location by the policy area, is at odds with the established streetscape character.

The proposed dwelling is of a high design standard. Site Areas and Frontages PDC 2–5

Satisfied.

The land is an existing residential allotment that achieves the minimum area and frontage guidelines sought to accommodate detached dwellings.

Building Set-backs PDC 6

Minor Variance.

CW PDC 160 speaks to front setbacks being taken from the outermost protruding element of the building. In this case, the portico is setback 7.2m from the street, with the main building line achieving the 8m setback. The shortfall in this instance is considered reasonable and accepted, given the open nature of the portico, and the high level of articulation and fenestration reducing the visual obtrusiveness of the built form.

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Subject:

DP Ref Assessment:


Satisfied.

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

Building Appearance PDC 2–4

Variance.

The majority of the existing housing stock within the locality is single storey in height. The policy area notes that low scale single storey dwellings form the character of the area.

The proposed development offers a contemporary addition to the streetscape, which is encouraged by the objectives for the policy area seeking a wide variety of styles.

Whilst the policy area considers single storey dwellings to form the low scale residential character, it does not include restrictive building heights as some other policy areas. Notwithstanding this, the overall height, span and bulk of the dwelling will create a point of difference within the streetscape.

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Subject:

DP Ref Assessment:

Zoning and Land Use



Satisfied. The building displays a contemporary style, which includes

skillion roof design, high parapet walling and large expanses of fenestration, particularly as viewed from the road.

The scale of the building is much greater than the scale of buildings within the street, however has amended its design so as to increase set-backs in an attempt to reduce its obtrusiveness.

The highly articulated façade, high amount window openings and horizontal parapet proportions aid in reducing the bulk of the building.

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

Minor Variance. The portico protrudes 0.8m forward of the 8m guideline. The

variance is not considered to have an adverse impact on the visual massing of the building within the streetscape.

Side Set-backs Variance.

Upper level side setbacks fall 1m short of the 4m guideline. The 3m as proposed is considered to sufficiently adhere to the intent of the guideline insofar as it concentrates the upper level building mass central to the site, and provides for adequate spatial separation to adjoining buildings so as to preserve patterns of space and not unduly impact on the amenity of adjoining properties.

Rear Set-backs Satisfied.

Building Height Satisfied.

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PDC 164 The development satisfies CW PDC 163 in terms of building

height. Site Coverage PDC 165 Satisfied.

The development satisfies site coverage and total floor area quantitative guidelines as per CW PDC 164.


The development allows for sufficient private open space that achieves the qualitative and quantitative guidelines of CW PDC 166.


All side and rear facing upper level windows are set at a sill height of 1.8m above floor level, which satisfies CW PDC 175(d).

The front “wrap around” corner windows are orientated towards the public road and are not anticipated to overlook the windows or private open space areas of adjacent dwellings.


Satisfied.

The development accommodates sufficient on-site car parking in accordance with Table Bur/5.

The development seeks to utilise the existing crossover, with modifications to widen it within the 4.5m width sought by Council.

The crossover modifications maintain a 1.5m setback from the base of adjoining street trees as specified by Council’s Open Space team.


The north/south orientation of the allotment results in the upper level shadow impact being within the acceptable measurable parameters of CW PDC 183.


Retaining walls and fencing are of a reasonable scale and height in the context of the site and locality.

Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied.

There are no regulated or significant trees within 15m of the site of the proposed development.

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APPENDIX 3



Site Area 696.77m2 625m2

Street Frontage 15.24m 15m


Site Coverage - Buildings only 236.23m²

33.9% 40%

- Buildings and driveways 286.83m² 41.1%

50%

- Total floor area 320.16m² 45.9%

50%

Building Height - storeys 2 storeys 2 storeys - metres 7.72m from lowest existing spot

level to highest point of the proposed building

9m

Set-backs Lower Level - front boundary 7.2m (to the portico)

8.0m (to the main building line) 8m

- side boundary 1.2m – 1.4m (w) On boundary – 1.3m (e)

2m

- rear boundary 15.1m 4m Upper Level - front boundary 11.1m 8m - side boundary 3.15m (w)

3m (e) 4m

- rear boundary 25.2m 8m Boundary Wall

- length 8.5m 8m - height 3.4m 3m

Private Open Space - percentage 303.38m²

94.7% of TFA 50% of TFA

- dimensions 15m x 15m 5m x 8m Car Parking and Access

- number of parks 2 2 - width of driveway 4.5m 4.5m - width of garage/carport door 5.1m

33.4% of frontage width 33% of frontage width

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Applicant: Mr A Patrick

Location: 3 Homestead Crescent SKYE SA 5072

Proposal: (Non-complying) Alterations and additions to existing dwelling including deck, verandah and extension to existing carport

Zone/Policy Area: Hills Face Zone


Kind of Assessment: Non-complying


Nil (0) representations received

Appeal Opportunity Third party only, no Applicant appeal rights

Referrals – Statutory: CFS

Delegations Policy: Non-complying development

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


REPORT CONTENTS

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


Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents External agency referral reports Photographs Delegate’s Report to Proceed

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The Applicant seeks Development Plan Consent for alterations and additions comprising 70m² of floor area to the eastern side of the existing dwelling, of a two-storey built form compatible with the existing dwelling’s scale and proportions. The additions will comprise a guest bedroom at ground level, and a family room and study to the upper level. Additionally, a new deck covering 31m² is proposed to the rear of the dwelling with a skillion roof verandah over, as well as increasing the size of the existing carport at the front.

BACKGROUND

Development Application 180\0260\18 was lodged on 28 March 2018 by Mr Anatoly Patrick on behalf of the registered owners of the land. The application was determined to be a non-complying form of development pursuant to the Burnside (City) Development Plan, Hills Face Zone, Principle of Development Control 27 which states that: “The following kinds of development are non-complying in the Hills Face Zone: Detached Dwelling or additions to, or conversion of, an existing detached dwelling where: (b) the scale and design is such that:

(i) the vertical distance between any point at the top of any external wall and the finished ground level immediately below that point on the wall exceeds three metres, other than gable ends of the dwelling where the distance exceeds five metres; or

(ii) there is a floor level directly above another floor level, except where the upper floor level is located wholly at or below finished ground level”

The delegate determined to proceed with the application and the application was processed as a Category 3 development for the purposes of public notification, pursuant to Section 38(2)(c) of the Development Act 1993. The application was placed on public notification for a period of two weeks, in which time no representations were submitted. The application was subject to a mandatory referral to the CFS pursuant to Schedule 8 of the Development Regulations 2008. The proposal is now presented to the Council Assessment Panel (the Panel) for determination as a non-complying development, with a staff recommendation for consent, subject to the concurrence of the State Commission Assessment Panel (SCAP).


2.1. Subject Land

The subject land is an irregular shaped allotment located on the northern side of Homestead Crescent, in the suburb of Skye. The land has an approximate site area of 3520m² and frontage of approximately 33.2m. The land experiences a back fall from the front to the rear as it adjoins Knox Terrace.

2.2. Locality

The locality is characterised by the varied topographical features of the Hills Face Zone. The locality is a relatively urbanised portion of the Hills Face Zone and contains a mix of single storey, two-storey and split level residential dwellings on large allotments taking

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advantage of views across the Adelaide Plains. Land to the west of the subject land are more rural in appearance, characterised by larger allotment sizes and open space, and vast views.


Kind: Non-complying Reason: Burnside (City) Development Plan, Hills Face Zone, Principle of

Development Control 26 Applicant Appeal Opportunity: No


Category: Category 3 Reason: Development Act 1993, Section 38(2)(c) Representations Received: Nil Third Party Appeal Opportunity: Yes

5. AGENCY REFERRALS

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


6.1. Land Use

In relation to the current proposal, the following comments are made: The proposed development is consistent with the established residential use of the

land; The proposal is not considered to have an adverse impact on the natural character

of the Hills Face Zone given the substantial development existing on the site; 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.


The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The locality enjoys a high degree of amenity, enhanced by the open and natural landscape of the hills.

The proposed alterations and additions to the dwelling are considered appropriate in preserving the natural character of the land and wider area, in view of the following:

The proposed additions retain the existing streetscape presentation of the dwelling from Homestead Crescent from Coach Road, and the location of the proposed additions are appropriately sited so as to not result in any visual obtrusion to the landscape as per HFZ, PDC 7.

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Visual bulk and scale is not considered to be increased; the additions incorporate extensions to the existing roof line, and are well sited away from site boundaries.

The proposed additions maintain the established boundary setbacks, well in excess of Development Plan guidelines so as to maintain the open and natural character sought by the Hills Face Zone.

The additions are appropriately sited over an existing benched area that lends itself as a suitable location for such works, resulting in minimal visual impact to any adjoining properties in terms of visual amenity, views, privacy and access to sunlight.

The visibility of the site and dwelling is not considered to be increased beyond its existing degree of notability, as per HFZ, PDC 7(c).

Whilst HFZ PDC 8 seeks buildings to be of a single storey built form, the proposed works are designed so as to be consistent with the scale and built form of the existing dwelling, noting that the location of the works is unobtrusive and does not detract from the natural character of the zone, as per HFZ, PDC 8.

Windows and the proposed deck (balcony) are positioned as such to take advantage of views across the Adelaide Plains, and due to spatial separation and site levels, privacy of adjoining properties is not considered to be compromised so as to result in any direct or unreasonable impact to any adjoining properties used for residential purposes.

There is no clearance of mature or native vegetation as a result of the proposed works.

There are a number of trees east of the location of the proposed additions, noting that these trees are currently within 20m of the existing dwelling and therefore not subject to planning controls pursuant to Schedule 3, 17(1)(b) of the Development Regulations 2008.

The proposal involves amendments to the external finishes of the existing dwelling so as to match the proposed additions, noting the dwelling is to be finished in masonry render in the colour Dulux ‘Flooded Gum’, being a moderate to deep shade of grey, considered compatible in reflecting the natural dark tones sought by the Hills Face Zone and not being of a bright or reflective hue.

On balance, the proposed development is considered an appropriate outcome for the site and locality.


The application was placed on Category 3 public notification for a period of two weeks; and no representations were received by Council.


As the subject land is located within a High Risk Bushfire Protection Area, the application was subject to a CFS referral pursuant to Schedule 8 of the Development Regulations 2008. The requirements of the CFS are included as conditions of the Development Plan Consent.

6.5. Conclusion


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7. RECOMMENDATIONS



2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\0260\18, by Mr A Patrick is granted Development Plan Consent subject to the following conditions:

Conditions



2 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.

SA CFS has no objection to utilising the existing access driveway as detailed on drawing named Site Plan, dated at last revision 29/02/18 and upgraded where necessary to comply with the following conditions:

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 -

o A loop road around the building, OR

o A turning area with a minimum radius of 12.5 metres, OR o A ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11 metres

and minimum internal radii of 9.5 metres. Private access shall have minimum internal radii of 9.5 metres on all bends. 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.

Reason:

To ensure requirements of the CFS are upheld.

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3 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 established and maintained within 20 metres of the dwelling (or to the property boundaries - whichever comes first) as follows:

o The number of trees and understorey plants existing and to be established within the VMZ shall be maintained such that when considered overall a maximum coverage of 30% is attained, and so that the leaf area of shrubs is not continuous. Careful selection of the vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity, and privacy and yet achieve the ‘overall maximum coverage of 30%’.

o Reduction of vegetation shall be in accordance with SA Native Vegetation Act 1991 and SA Native Vegetation Regulations 2017.

o Trees and shrubs shall not be planted closer to the building(s) than the distance equivalent to their mature height.

o Trees and shrubs must not overhang the roofline of the building, touch walls, windows or other elements of the building.

o Shrubs must not be planted under trees or must be separated by at least 1.5 times their mature height from the trees’ lowest branches.

o Grasses within the zone shall be reduced to a maximum height of 10cm during the Fire Danger Season.

o 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).

o 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

o The VMZ shall be maintained to be free of accumulated dead vegetation.

Compliance with the fire protection requirements is not a guarantee the dwelling will not burn, but its intent is to provide a ‘measure of protection’ from the approach, impact and passing of a bushfire.

Should there be any need for further information, please contact the undersigned at the Development Assessment Service on (08) 8115 3372. Reason:


4 Access (to dedicated water supply)

The Code Part 2.3.4.1 requires a dedicated and accessible water supply to be made available at all times for fire-fighting.

The proposed location of dedicated fire water has not been detailed on drawings provided.

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The water supply outlet shall be easily accessible and clearly identifiable from the access way. Stand alone tanks shall be identified with the signage ‘WATER FOR FIRE FIGHTING’ and the tank capacity written in 100mm lettering on the side of each tank and repeated so that the sign is visible from all approaches to the tank. The sign shall be in fade-resistant lettering in a colour contrasting with that of the background (ie blue sign with white lettering).

Access to the dedicated water supply shall be of all-weather construction, with a minimum formed road surface width of 3 metres.

Provision shall be made adjacent to the water supply for a flat hardstand area (capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes) that is a distance equal to or less than 6 metres from the water supply outlet.

SA CFS appliance inlet is rear mounted; therefore the outlet/water storage shall be positioned so that the SA CFS appliance can easily connect to it rear facing.

A gravity fed water supply outlet may be remotely located from the tank to provide adequate access.

All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

All water supply pipes for draughting purposes shall be capable of withstanding the required pressure for draughting.

Ideally a remote water supply outlet should be gravity fed, where this is not possible the following dimensions shall be considered as the maximum capability in any hydraulic design for draughting purposes:

o The dedicated water supply outlet for draughting purposes shall not exceed 5 metre maximum vertical lift (calculated on the height of the hardstand surface to the lowest point of the storage) and no greater than 6 metre horizontal distance.

o The suction outlet pipework from the tank shall be fitted with an inline non return valve of nominal internal diameter not less than that of the suction pipe and be located from the lowest point of extract from the tank. All fittings shall be installed to allow for easy maintenance.

Water Supply

The Code Part 2.3.4.1 prescribes the mandatory provision of a dedicated and accessible water supply to be made available at all times for fire-fighting. Ministers Specification SA78 provides the technical details of the dedicated water supply for bushfire fighting for the bushfire zone. The dedicated bushfire fighting water supply shall also incorporate the installation of a pumping system, pipe-work and fire-fighting hose(s) in accordance with Minister’s Specification SA78:

A minimum supply of 22,000 litres of water shall be available at all times for bushfire fighting purposes.

The bushfire fighting water supply shall be clearly identified and fitted with an outlet of at least 50mm diameter terminating with a compliant SA CFS fire service adapter, which shall be accessible to bushfire fighting vehicles at all times.

The water storage facility (and any support structure) shall be constructed of non-combustible material.

The dedicated fire-fighting water supply shall be pressurised by a pump that has - o A minimum inlet diameter of 38mm, AND o Is powered by a petrol or diesel engine with a power rating of at least

3.7kW (5hp), OR

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o A pumping system that operates independently of mains electricity and is capable of pressurising the water for fire-fighting purposes.

The dedicated fire-fighting water supply pump shall be located at or adjacent to the dwelling to ensure occupants safety when operating the pump during a bushfire. An ‘Operations Instruction Procedure’ shall be located with the pump control panel.

The fire-fighting pump and any flexible connections to the water supply shall be protected by a non-combustible cover that allows adequate air ventilation for efficient pump operation.

All bushfire fighting water pipes and connections between the water storage facility and a pump shall be no smaller in diameter than the diameter of the pump inlet.

All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

A fire-fighting hose (or hoses) shall be located so that all parts of the building are within reach of the nozzle end of the hose and if more than one hose is required they should be positioned to provide maximum coverage of the building and surrounds (i.e. at opposite ends of the dwelling).

All fire-fighting hoses shall be capable of withstanding the pressures of the supplied water.

All fire-fighting hoses shall be of reinforced construction manufactured in accordance with AS 2620 or AS 1221.

All fire-fighting hoses shall have a minimum nominal internal diameter of 18mm and a maximum length of 36 metres.

All fire-fighting hoses shall have an adjustable metal nozzle, or an adjustable PVC nozzle manufactured in accordance with AS 1221.

All fire-fighting hoses shall be readily available at all times. Reason: To ensure requirements of the CFS are upheld.



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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

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APPENDIX 2



Primary Hills Face Zone Objectives:

Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to:

(a) Provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) Preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) Provide for passive recreation in an area of natural character close to the metropolitan area; (d) Provide a part of the buffer between metropolitan districts and prevent the urban area extending into the

western slopes of the ranges; and (e) Ensure that the community is not required to bear the cost of providing services to land within the zone.

Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to:

(a) Preserve and enhance the natural character or assist in the re-establishment of a natural character in the zone;

(b) Limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or from the Adelaide Plains;

(c) Not create, either in themselves, or in association with other developments, a potential demand for the provision of services at a cost to the community; and

(d) Prevent the loss of life and property resulting from bushfires. Hills Face Zone, Principle of Development Control 1: Development should not be undertaken unless:

(a) It is associated with a low-intensity, agricultural activity, a public open space area or a private use of an open character, or is a detached single-storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment; and

(b) Together with associated native landscaping, it preserves and enhances the natural character of the zone or assists in the re-establishment of a natural character.

Hills Face Zone, Principle of Development Control 2: The excavation and/or filling of land should:

(a) Be kept to a minimum so as to preserve the natural form of the land and the native vegetation; (b) Only be undertaken in order to reduce the visual impact of buildings, including structures, or in order to

construct water storage facilities for use on the allotment; and (c) Result in stable scree slopes which are covered with top soil and landscaped so as to preserve and

enhance the natural character or assist in the re-establishment of the natural character in the zone. Hills Face Zone, Principle of Development Control 7: Buildings, including structures, should be located in unobtrusive locations and, in particular, should:

(a) Be located well below the ridge line; (b) Be located within valleys or behind spurs; (c) Be located in such a way as to not be visible against the skyline when viewed from the roads within the

zone or from the metropolitan area particularly the Adelaide Plains; (d) Be set well back from public roads, particularly when the allotment is on the high side of the road; (e) Have the roof line below the lowest point of the abutting road when the allotment is on the low side of the

road; (f) Be sited on an excavated rather than filled site in order to reduce the vertical profile of the building; (g) Be located in such a way as to be screened by existing native vegetation when viewed from the roads

within the zone or from the metropolitan area particularly the Adelaide Plains;

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(h) Not be located in areas subject to inundation by a 100-year flood return period flood event nor be sited on land fill which would interfere with the flow of such flood waters;

(i) Not have a septic tank drainage field located in such a way as to pollute watercourses; and (j) Be located in such a way as to maximise the retention of existing native vegetation and retain

watercourses in their natural state. Hills Face Zone, Principle of Development Control 8: Buildings, including strictures, should be designed in such a way and be of such a scale as to be unobtrusive and not detract from the desired natural character of the zone and, in particular;

(a) Buildings should be of a single storey, unless a multi-level building form and design will have less impact on the natural character and features of the zone;

(b) The profile of buildings should be low scale and the roof lines should complement the natural form of the land;

(c) The mass of buildings should be minimised by variations in wall and roof lines and by floor plans which complement the contours of the land;

(d) Large eaves, verandahs and pergolas should be incorporated into designs so as to create showed areas which reduce the bulky appearance of buildings; and

(e) The mass of buildings should be minimised by having separate vehicle storage areas. Hills Face Zone, Principle of Development Control 9: The external materials of buildings should:

(a) Have surfaces which are of a low light-reflective nature; and (b) Be of dark natural colours such as brown and green so as to be unobtrusive, blend with a natural rural

landscape and minimise visual intrusion. Hills Face Zone, Principle of Development Control 12: Additions to buildings should:

(a) Maintain the single-storey profile of the building; (b) Be located on the side of the dwelling which minimises obtrusiveness of the complete building; and (c) Comply with the previously mentioned principles relating to the location and design of buildings.

Hills Face Zone, Principle of Development Control 13: The number of outbuildings should be limited, and where appropriate they should be grouped together, located in unobtrusive locations and comply with the previously mentioned principles relating to the location and design of buildings. Hills Face Zone, Principle of Development Control 14: Retaining walls should be designed in such a way that they are a stepped series of low walls constructed of dark, natural coloured materials and screened by landscaping. Subject:

DP Ref Assessment:

Desired Land Use

O 1 Satisfied.

The subject land is currently occupied by a dwelling and is used for residential purposes.

The design of the proposed dwelling additions ensures that the development maintains its scale and proportions and results in minimal visual obtrusiveness when viewed from the Adelaide Plains.

Local Compatibility PDC 1 - 26 Satisfied.

The existing building sits below street level, and the location of the proposed additions is over a levelled portion of the land currently comprising the two-storey portion if the building, whereby streetscape presentation remains largely unaltered, and visual impact from adjoining land is largely compatible with the existing built form.

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The additions are located over an existing benched portion of the land and no new earthworks are proposed to accommodate the additions to either the dwelling or carport.








Subject:

DP Ref Assessment:

Zoning and Land Use



Satisfied.

Building Set-backs PDC 161–163

Satisfied. Setbacks are largely maintained as per existing. Where the addition protrudes from the existing eastern elevation,

side setbacks are well compliant with the DP guidelines. Building Height PDC 164 Satisfied.

The proposed additions do not increase the overall building height beyond existing.

Site Coverage PDC 165 Satisfied.


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

Satisfied.

The proposed additions are appropriately sited on the allotment. The additions are occurring in a location that lends itself to an addition, being an existing benched area, resulting in minimal impact on the Hills Face Zone.


It is not envisaged that there is any unreasonable impact to any neighbouring properties from the proposed upper level addition – the outlook is maintained as per the existing floor area of the upper level and contained to the subject land and Adelaide Plains and not directly into any adjoining land.

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Satisfied.

The site maintains sufficient off-street car parking in accordance with Table Bur/5.



Hazards O 39-42 PDC 126–138

Satisfied.

CFS requirements are included as conditions. Trees and Other Vegetation

O 24-28 PDC 77-92

Satisfied.

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Applicant: D Glasshouse Projects Pty Ltd

Location: 17 Bushy Park Drive AULDANA SA 5072Proposal: Non-complying amendment to DA 180\0334\17 (Non-complying

detached dwelling including swimming pool, earthworks and retaining walls) to increase floor area and overall height of detached dwelling.


Residential Policy Area 29 – Skye and Auldana


Kind of Assessment: Non-complying


Nil (0) representations received

Appeal Opportunity No Applicant appeal rights

Referrals – Statutory: Nil

Referrals – Non Statutory: Nil

Delegations Policy: Non-complying development

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

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report:- Appendix 1 – Aerial Locality Map


Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents including Statement of Effect Delegated report to proceed with assessment October 2017 CAP minutes, report and attachments Copy of approved plans

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The Applicant seeks Development Plan Consent for the following: Increase lower ground floor area by 12m²; and Increase ground floor area by 24m².

2. BACKGROUND

On 26 April 2018 the subject development application was lodged with Council, seeking a minor amendment to a previous authorisation granted. As the amendment resulted in additional floor area towards the rear of the approved building, to where the ground level beneath that point descends, the overall building height and wall height of the completed dwelling will be greater than that approved, albeit marginally, and is in itself is a non-complying trigger. 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 by this application. 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 17 May 2018 to 31 May 2018. During this period, Council received no representations from adjoining land owners/residents.


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.

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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


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 locality.

Representations Received: Nil Third Party Appeal Opportunity: No


6.1. Land Use

In relation to the current proposal, the following comments are made: The proposed building addition is very small comprising a total floor area increase of

36m²; The proposed amendment will not alter the nature of development already

approved; The appearance of the dwelling from the street will remain unchanged; and The use of the approved building will remain for residential purposes. The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.


The proposed amendment seeks to increase the depth of the building, at the north-east, rear elevation of the dwelling, resulting in a total increase in floor area of 36m². As the subject land falls away from the road, the overall building height as measured from this new low point will result in a building and wall height which is greater than previously approved. However, given the rear location of the proposed building work and that it will mimic the wall and roof height of the approved dwelling, the proposed modifications will not be visible from Bushy Park Drive. The additional building area results in a 2m increase to the depth of the dwelling. This additional depth results in a rear set-back of 22m, well in excess of Policy Area requirements. Set-backs to the side boundaries remain unchanged.

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Impacts from the proposed additional floor area to adjoining residents is expected to be benign, given its minor depth increase and its adjacency to a driveway associated with the immediate neighbour to the north-east.


Previous conditions have been applied to this consent, should approval be granted, to ensure the requirements of the Country Fire Service are upheld.

6.4. Conclusion


7. RECOMMENDATIONS



2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\0383\18, by D Glasshouse Projects Pty Ltd is granted Development Plan Consent subject to the following conditions:

Conditions



2 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-

o A loop road around the building, OR o A turning area with a minimum radius of 12.5 metres, OR o A 'T' or 'Y' shaped turning area with a minimum formed length of 11 metres

and minimum internal radii of 9.5 metres.

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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.

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:


3 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: o Trees and shrubs shall not be planted closer to the building(s) than the

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

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

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

the Fire Danger Season. o 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). o 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 o The VMZ shall be maintained to be free of accumulated dead vegetation during

the fire danger season. Reason:


4 Water Supply 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.

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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:


5 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 Housinh 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.

6 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:



Theresa James Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

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Applicant: Abell Design & Construction

Location: 4 Cudmore Avenue TOORAK GARDENS SA 5065

Proposal: Pergola including masonry pillars

Zone/Policy Area: Historic Conservation Zone

Historic Conservation Policy Area 6 – Toorak Gardens (North)

Development Plan consolidated 30 May 2017



Appeal Opportunity None

Referrals – Non Statutory: Local Heritage Consultant

Technical Officer - Engineering

Delegations Policy: Local Heritage Consultant recommends refusal



REPORT CONTENTS

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


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 Photographs 01 May 2018 DAP minutes, report and attachments

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The applicant seeks Development Plan Consent for the construction of an open pergola situated forward of the original building line, including masonry pillars to match existing.

2. BACKGROUND

Development Application 180\0655\17 was presented to the Council Assessment Panel (the Panel) on 01 May 2018 with a staff recommendation to grant Development Plan Consent. The Panel resolved to defer the matter to allow the Applicant the opportunity to consider the following:

1. To provide the applicant an opportunity to provide clarification on vehicle access/egress from the site and vehicle manoeuvrability within the site particularly in relation to accessing the existing carport (western plinth remaining);

2. To further clarify the use and purpose of the proposed structure; 3. To provide further details with respect to the low western plinth wall of the existing

carport and whether this is to remain or be demolished to provide access to the carport from the west; and

4. To provide clarification on the specific positioning of the pergola columns relative to existing structures on the land.

The applicant has since responded to the above items and the application returns to the Panel for further consideration.

3. DISCUSSION

The applicant’s response to the Panel’s concerns has been addressed by way of additional plans and details. The applicant has provided an additional plan with respect to access/egress from the site and vehicle manoeuvrability within the site.

The plan illustrates that there is access/egress via both existing crossovers, with the opportunity to use the existing carport via the southern crossover. Manoeuvrability has been demonstrated in accordance with Australian Standard 2890.1:2004 and reviewed by Council’s Technical Officer – Engineering and is satisfied with access/egress and on-site manoeuvring as shown. Additionally, it is made clear on the plans, and stated in writing, that the low western plinth wall of the carport is to be retained, with confirmation that vehicular access to the carport is from the south only.

The applicant has stated the use and purpose of the proposed structure is for shading insofar as the owners seek to grow vines over the structure. It is noted that a condition included in the recommendation is that the structure stay open at all times, with no solid roofing. The growing of vines is not development.

Finally, the applicant has confirmed the pillars are to be 660mm wide at the base in an east-west direction, and as shown on the plans, the pillars are 5.5m from the existing verandah associated with the dwelling, and in line with the existing pillars on the north-western existing carport.

As such, the applicant has sufficiently addressed the above matters and reasons for deferral. Council staff maintains support for the proposal, subject to conditions.

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4. RECOMMENDATIONS



2. Development Application 180\0655\17, by Abell Design & Construction is granted Development Plan Consent subject to the following conditions:

Conditions



2 The pergola as depicted on the stamped plans granted Development Plan Consent shall remain an open structure at all times with no walls, doors or roof attached to any elevation of the structure. Reason:

To ensure the proposal is developed in accordance with the approved plans.



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