council development assessment panel meeting 3 … · 11/3/2015 · council development assessment...

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING3 November 2015

AGENDABUSINESS ITEM – 8.1

Applicant: Duxton Offices Pty Ltd Landowner: Duxton Offices Pty Ltd

Agent: Folland Panozzo Ward: Mt LoftyDevelopment Application: 14/1036/473 Originating Officer: Vanessa Nixon

Application Description: Mixed use development - offices, 24 hour fitness studio,undercroft carparking and earthworks

Subject Land: Lot:15 DP:92777CT:6127/49

General Location: 7 Pomona Road Stirling

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Maps AdHi/28 and 72

Zone/Policy Area: District Centre Zone -Stirling Fringe Policy Area

Form of Development:Merit

Site Area: 5144sqm

Public Notice Category: Category 2Merit

Representations Received: 8 + 10 notentitled to be notified + 2 late

Representations to be Heard: 7 + 7 at thediscretion of the panel

1. EXECUTIVE SUMMARYThe purpose of this application is to construct a two-storey building with undercroftparking, 24 hour fitness centre on ground level and two offices on the first level.

The subject land is located within the District Centre Zone - Stirling Fringe Policy AreaZone and is a merit form of development as the building height does not exceed 8metres immediately adjacent the site boundary. Seven representations in oppositionwere received during the Category 2 public notification period. Ten representations inopposition were also received from persons who were not entitled to be notified. Onerepresentation in support and one in opposition were received after the publicnotification period.

The proposal is for offices and fitness studio. Offices are contemplated in the policy area.Whilst fitness studios are not listed in the policy area, they are included in suitable landuses for the District Centre Stirling Zone. The proposal has generally addressed thepolicy area provisions in relation to height, design and impact on the locality. Thereplacement of vegetation has been sufficiently addressed. Carparking is sufficient for theproposed uses.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2applications where representors wish to be heard. In addition, the proposal requires avariation to the Land Management Agreement registered over the subject land, whichCouncil delegated to the CDAP.

Council Development Assessment Panel Meeting – 3 November 2015Folland Panozzo14/1036/473

The main issues relating to the proposal are traffic, hours of use and the appearance ofthe building.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

Construction of a building with a maximum height of 8 metre with the followingelements:

o Ground level fitness studio to operate 24 hours with floor area of 348sqm

o Two offices on the first floor with total floor area of 219sqm

o 13 carparking spaces at basement level (undercroft)

o 10 carparking spaces at ground level in front of the building

o One additional carparking space in the existing carpark

o Landscaping including the replanting to replace removal of trees protected bythe Land Management Agreement

o Deed of variation to the Land Management Agreement

The proposed plans are included in Attachment 2. The plans have been amended sincepublic notification was undertaken, the notified plans are included in Attachment 3. TheLand Management Agreement registered over the land is included in Attachment 4.

3. HISTORYBeing assessed 15/107 illuminated signage (non-complying)April 27, 2015 14/974/473 alterations and additions to officeFebruary 24, 2015 14/973/473 change of use of outbuilding to studio

accommodationAugust 19, 2014 13/660/473 land division – withdrawnJuly 9, 2014 14/351/473 change of use to officesMay 22, 2014 14/398/473 partial demolition of buildingMarch 21, 2012 11/D48/473 land division – boundary re-alignmentSeptember 27, 2009 05/D30/473 Land division WITHDRAWNJune 5, 2008 06/D54/473 land division creating two additional

allotmentsDecember 5, 2005 05/422/473 Significant tree removal seven (7) cypress

species, six (6) populus alba, two (2) quercus roburOctober 5, 2005 05/424/473 Significant tree removal - twenty (20)

populus alba, two (2) cypress species, one (1) liquidamberstyraciflua, one (1) fraxinus oxycarpa, one (1) quercusrobur, one (1) ulmus procera

August 18, 2005 05/448/473 roof alterations LAPSED


May 4, 2005 04/405/473 Aged accommodation with associatedfacilities & conversion of existing dwelling to consultingrooms – LAPSED

December 10, 2002 02/1164/473 Removal of a significant tree - cupressusmacrocarpa

A Land Management Agreement (LMA) is registered over the subject land whichrelates to retention of vegetation. The applicant sought approval from the Council tovary the LMA. At its meeting of 25 August 2015, the Council resolved:

That Council’s Development Assessment Panel be delegated the authority to approve the finallandscaping plan when it considers the development application for Lot 15 (7) Pomona RoadStirling.

- That the deed of variation of the Land Management Agreement, entered into between theAdelaide Hills Council and Philip Stanton Bennett and Frances Woods on 10 March 2008,only be agreed to by the CEO, if the development application referred to in (2) above isapproved by the Council’s Development Assessment Panel.

- The existing trees which are the subject of the deed of variation shall not be removed untildevelopment approval has been granted for the development of Lot 15 (7) Pomona RoadStirling.

- All costs associated with the preparation and registration of the deed of variation be borne bythe applicant.

4. REFERRAL RESPONSES

AHC ENGINEERINGThe Council engaged an independent traffic consultant (Greenhill Australia) toreview the applicant’s traffic report. This consultant concluded a theoreticalgeneral of 360 vehicle movements per day. Given the existing traffic movementsthis is not considered to result in adverse traffic impacts on Pomona Road.

The proposed stormwater disposal has been assessed and deemed to besufficient, refer recommended condition 4.

A copy of the referral response is included as Attachment 5.

AHC LOCAL HERITAGE ADVISORCouncil’s Local Heritage Advisor has reviewed the amended plans and has noheritage issues of concern.


5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Section 38(2)(a) of the Development Act (1993) and the Procedural Matters PublicNotification Section of the District Centre Zone requiring formal public notification. Eightrepresentations were received and two submissions were received out of time. Tenfurther submissions from persons not entitled to be notified were also received. All butone of the representations/submissions were in opposition to the proposal. Some were


from adjacent properties. A petition in opposition was also submitted to Council andtabled at the 25 August 2015 Council meeting for noting. The petition does not howeverform a valid public representation in accordance with Development Act, 1993requirements and as such cannot be considered in the development applicationassessment.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Chris Coventry 18 Pomona Rd PersonallyJohn Ellery 20 Pomona Rd PersonallyLisa Ellery 20 Pomona Rd PersonallyJosephine Berry 4/9 Pomona Rd Stirling District

Residents Association(SDRA)

Lorraine Savvas 3/9 Pomona Rd SDRAHelen Nielsen Executor for 2/9 Pomona

RdPersonally

Arthur Ingram 1/9 Pomona Rd NomineeJack and Gladys Redley 21 Pomona Rd at the discretion of the

panel as were notentitled to be notified

Claire Hambrook 118 Old Mt Barker Rd at the discretion of thepanel as were notentitled to be notified

Tony Ferencz 57 Pomona Rd at the discretion of thepanel as were notentitled to be notified

Stirling District ResidentsAssociation

Stirling John Hill at thediscretion of the panelas were not entitled tobe notified

Steve Nadin 40 Pomona Rd at the discretion of thepanel as were notentitled to be notified

Lesley Nadin 40 Pomona Rd at the discretion of thepanel as were notentitled to be notified

I Marshall 44 Pomona Rd Lesley Nadin at thediscretion of the panelas were not entitled tobe notified

Kara Almond 34 Pomona Rd at the discretion of thepanel as were notentitled to be notified

Alison Mair 26 Pomona Rd at the discretion of thepanel as were notentitled to be notified

Ben Killick 34 Pomona Rd at the discretion of thepanel as were notentitled to be notified


The applicant (or their representative – Carlo Panozzo) will be in attendance.

The issues contained in the representations can be briefly summarised as follows: Increased noise and vandalism Extensive commercial Does not enhance residential character of the zone Contravenes siting, scale, setbacks and style Excessive height and more than 2 storeys Watercourse Parking Signage 24 hour operation will affect neighbourhood Building unsuitable to street Traffic Undercroft parking concerns Loss of ambience Blocking of light and sunlight Overlooking Removal of trees Traffic flows exacerbated Visual bulk of flat walls

These issues are discussed in detail in the following sections of the report.

Copies of the submissions are included as Attachment 7 and the applicant’s responseto these is provided in Attachment 8.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe subject land is 5144m² in area and contains a local heritage listed two-storey office building. The subject land also contains a studio building to therear which is approved for visitor accommodation in association with the officeuse. A carpark has been constructed between the two buildings. The subjectland is a regular shaped allotment with a frontage to Pomona Road of 71m,with a crossover located in the middle of the frontage. The subject landcontains one regulated tree and is subject to a Land Management Agreementregarding retention of vegetation.

The subject land contains two easements for sewer and stormwater and aright of way.

ii. The Surrounding AreaThe surrounding area is characterised by residential dwellings to theimmediate east, the South Eastern Freeway to the north and dwellings to thesouth. Offices and dwellings are under construction to the west.


iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Stirling Fringe Policy Area of the District CentreZone and these provisions seek:

- a mix of residential uses with small scale offices and similar- retention of buildings- development positively contributing to small scale and low-density

character

The following are considered to be the relevant Policy Area provisions:

Objectives: 1 and 3PDCs: 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13 and 14

Land Use and Form of developmentThe proposal is for offices and a fitness studio contained in a two-storeybuilding with an undercroft carpark. The offices with a floor area of 219sqmare considered small-scale, particularly given the current construction of851sqm of office area on the land at 3 Pomona Road. The fitness studio with afloor area of 348sqm is consistent with other small scale gyms (Aldgate gymhas a floor area of approximately 264sqm). Offices are envisaged in the Policyarea, however fitness studios are not listed. The proposal is therefore partlyconsistent with PDC 1.

The proposal is for the construction of a new building and therefore does notcomply with PDC 2(a) in regard to adapting existing buildings. The proposalincludes glazing and a flat roof which is not typical of the locality and isconsidered to complement but not reinforce the residential character of thezone in accordance with PDC 2(b).

Design and characterThe proposal has been designed to not detract from the heritage listedbuilding located to the west. The proposal is consistent with the approvedsiting, setbacks and scale of the mixed use development at 3 Pomona Roadwhich is currently under construction. Whilst not matching the predominantcharacter and appearance of buildings within the zone and policy area, it isconsidered the proposal will complement them. There is currently only onedwelling in the immediate locality of the policy area (1 Pomona Road) which isa two-storey dwelling with minimal setbacks from boundaries. The proposal istherefore considered to partly accord with PDC3.

The building is two-storey with an undercroft. The building has been amendedsince public notification by re-designing the roof structure on the easternelevation so that it is no greater than 8 metres in height from adjacent naturalground level. The building is setback 16m from the Pomona Road boundary,3m from the eastern side boundary, 17m from the rear boundary and 57mfrom the western side boundary. The proposed carpark in front of the buildingis setback 1.4m from Pomona Road. The building is setback from PomonaRoad to enable the large oak tree to be retained as well as avoid impedingviews of the heritage listed building from Pomona Road. The undercroft


carpark has a wall height of 2.4m above natural ground 3m from the easternboundary at the front of the building (section 01), is setback 1m at section 02and is completely underground at section 05. The fitness studio level has awall height of 5.5m above natural ground level, setback 8m from the easternboundary. The office level has a wall height of 7m, setback 7m from theeastern boundary. The proposal is therefore in accordance with PDC 4 inrelation to building heights.

The façade of the building is single-storey with an open balcony above facingPomona Road. The building then increases in height as it steps back towardsthe rear, including mechanical plant and equipment. The two-storey wallheights of the building are setback 23m from the Pomona Road frontage. Theproposal therefore accords with PDC 5.

The plans and details demonstrate the proposal meets PDC 6 in relation to 31degree angle of the building plane where the building abuts the residentiallyzoned site (boundary with the dwellings at 9 Pomona Road).

The proposal results in site coverage of 9% with the existing allotment and35% should a future land division be considered.

Access and parkingThe proposed carparking area to the front of the building does not accord withPDC 10(a) in relation to being located behind buildings. The carparking areashares access with the carpark for the existing office on the subject land. Theproposal should not obstruct access to carparking areas on the shoppingcentre site on the southern side of Pomona Road. The carparking area doesnot gain access directly from Pomona Road. The proposal therefore accordswith the remainder of PDC 10.

Setbacks and landscapingThe dwellings on the adjoining land at 9 Pomona Road are built close to thecommon boundary. The land contains substantial vegetation between the roadboundary and the buildings. The proposal provides for a landscaped streetfrontage around the carpark, however this is not considered substantial. Theproposal is therefore partially in accord with PDC 12. The proposalincorporates landscaping (trees, shrubs and groundcovers) around theproposed carpark and to the rear of the building. Ornamental pears areproposed to be planted between the building and the eastern boundary. Thelandscaping will also replace the trees to be removed from the land, some ofwhich are currently included in the Land Management Agreement registeredover the site. The amended landscaping plan indicates areas to be plantedwith groundcover as well as trees and shrubs. The plan results in greater than10% of the site being dedicated to landscaping and is therefore in accordancewith PDC 14.

The District Centre Zone provisions seek:- range of business, retail, recreation and entertainment facilities, offices- visually and functionally cohesive centre- medium density residential development in association with non-

residential- development contributing positively to the desired character


The following are considered to be the relevant Zone provisions:

Objectives: 1, 2, 3 and 4PDCs: 1, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 18 and 20

Land UseOffices and fitness studios (gym) are listed as appropriate land uses in theDistrict Centre Zone and the proposal is therefore in accordance with PDC 1.

Desired CharacterThe building is 8m in height at its peak however the building is stepped in fromthe side and articulated with variations in roof line, facades and features. Thebuilding steps back with the topography of the land. The roof line is notidentical to other roof shapes and the use of glass is not necessarilyrepresentative of the area, however these elements add a mix of architecturalstyle in accordance with the desired character of the zone.

The existing vehicle access point is to be used for the development. The treesto be removed will be replaced with appropriate landscaping. The secondstorey component of the building is setback behind the main section of thebuilding. The proposal is considered to retain and respect the local heritagelisted building to the west.

The use of the after-hours fitness studio can be considered a gentle andrestful activity for some and contributes to the vibrant evening economy.

The proposal however provides both carparking in front of the building andundercroft parking outside the primary retail area of the Centre which is not inaccordance with the desired character of the zone.

In this way the above illustrates that the proposal will generally make a positivecontribution to the desired character of the zone and is therefore inaccordance with PDC 5.

The proposal contains offices and is therefore partly in accordance with theDistrict Centre Stirling Concept Plan and PDC 6.

Form of DevelopmentThe proposal includes 24 hour operation of the fitness studio which willpromote after-hours use of the District Centre in accordance with PDC 7.

The lower level (fitness studio) front windows are frosted glazing which willallow limited opportunity for casual surveillance, however the upper levelterrace area located at the front will allow this to occur. The proposal istherefore partly in accordance with PDCs 9 and 10.

The 24 hour nature of the fitness studio may impact on the abutting residentialuses. However this has been designed on the ground level and with a solidwall. The proposal will be of a greater bulk and scale from the neighbouringproperties and as such, landscaping is also included between the building andthe eastern boundary. Entrances and carparking are located on the western


side and the frontage. It is therefore considered the proposal accords withPDC 11 in relation to impacts of non-residential uses abutting residential uses.

The building does not have a staggered setback from Pomona Road, howeverit is setback 16m from Pomona Road. The upper level does have a terracearea as sought by PDC 12. The architectural style is not similar to existingdevelopment. In this way, the proposal is partly consistent with PDCs 12 and13.

The landscaping plan includes exotic and ornamental species in accordancewith Table AdHi/6 and PDc 14.

The building is located 3m from the eastern side boundary, contrary to PDC15, which seeks 4m setback from Country Living boundaries.

The carparking area is proposed to be landscaped to screen it from PomonaRoad. A total of 23 carparking spaces are provided. Whilst the DevelopmentPlan does not contain any provisions for fitness studios similar to the proposal,the Planning SA (now DPTI) carparking guide states a typical DevelopmentPlan ratio of 10 to 14 per 100sqm for a fitness centre. The guide goes on tostate the recommended rate is assessed on a needs basis. The applicant hasprovided advice from a traffic consultant that the proposal provides sufficientcarparking for the expected demand. The proposal therefore complies withPDCs 18 and 20 in relation to spaces for office development (1 per 35sqm)and provides adequate parking for the expected demand for the fitness studio.

TrafficThe Council’s traffic consultant has reviewed the proposal and considers that apredicted additional 360 vehicle movements per day (vpd) would not exceedthe existing road capacity, given the 2011 council data indicates volumes ofbetween 3000 and 4000 (vpd), with a major collector road generally carryingbetween 3000 and 6000 vpd. Therefore it is considered the proposal isconsistent with PDC 4.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development- provision for increased employment opportunities- safe and efficient movement of people and goods- centres developed in accordance with the desired character for each

centre.

The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 8, 20, 21, 41, 43, 50, 54, 69, 87, 88, 89, 90, 99, 100, 111 and112

PDCs: 3, 13, 41, 43, 44, 47, 49, 50, 54, 56, 58, 59, 60, 62 and 333


TransportationThe proposal is a medium-scale development in the District Centre Zone whichis not expected to generate high levels of traffic movement, although it maychange the hours of the traffic movement with the proposed 24 hour operation.The access point is existing and should not interfere with vehicles entering orexiting the shopping centre from Pomona Road. The proposal includessufficient on-site carparking for the proposed uses. In this way the proposalsatisfies PDCs 41, 43, 44, 49, 50, 54, 56, 58, 59, 60 and 62.

Centres and ShopsThe District Centre Zone provisions are in accordance with the Council Wideprovisions in this regard in relation to the desired character, carparking andimpacts on amenity and have therefore been addressed earlier in the report.

Regulated TreesNo regulated trees are proposed to be removed. The existing oak tree will beprotected and retained and no building work is proposed near this tree. Theother vegetation is exempt from the provisions, either by their size or locationin relation to dwellings.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater will be directed to an upgraded discharge pit on the southernboundary. The carpark sump and pump chamber will be pumped using asubmersible pump to discharge water to street level. Council’s engineeringstaff are satisfied with the works proposed in this regard refer recommendedcondition 4.

A Soil Erosion and Drainage Management Plan is recommended as acondition to be imposed on any consent (refer recommended condition 7).

Water Supply & Effluent DisposalSewer and water supply are available to the subject land.

Solid Waste DisposalThe site is serviced by the Council’s waste collection service.

Vegetation and Land Management Agreement (LMA)An LMA was entered into for the subject property (executed on 10 March2008) as a result of a 2004 development proposal (04/405/473) to construct anaged accommodation facility and doctors consulting rooms at 7 Pomona Road,Stirling. The proposal included the retention of non-regulated and regulatedtrees, and the removal of a number of trees. However, numerous trees thatwere to be retained were removed without development approval.

Council took enforcement action at the time and subsequently entered into anLMA with the owners of the land requiring amongst other things, the replantingof 63 advanced trees on the property and the retention of existing trees inaccordance with the landscaping plan. The intent of the landscaping plan wasessentially to frame the site when viewed from the adjoining public roads, butleft the central parts of the site vacant to accommodate any futuredevelopment.


The LMA registered over the subject land in 2008 required the retention andplanting of trees on and adjacent Lot 15 as follows:- 10 trees along the western boundary (1 x eucalyptus viminalis, 3 x pyrus

calleryana Chanticleeer, 3 x quercus palustris and 3 x zelkova serrata) –Lot 14

- 24 trees along the eastern boundary (9 x eucalyptus obliqua, 6 xeucalyptus viminalis, 3 x callitris rhomboidea, 3 x pyrus calleryanachanticller and 3 x quercus palustris) – Lot 15

- existing trees along the Pomona Road frontage being retained (all lots)

It should be noted that the land has been divided since the LMA wasregistered and only 26 of the above trees required to be planted are located onthe subject land.

This application also seeks to vary the Land Management Agreement asfollows:- remove six of the planted trees along the eastern boundary (1 x acer

October glory, 1 x pin oak and 4 chanticleer pear- remove one of the planted trees along the frontage (Japanese zelkova)-Two Japanese zelkova and one pin oak are also to be removed however theseare not shown on the approved LMA planting list.

Ten trees/shrubs and/or plants which were shown on the LMA landscapingplan but are not currently in situ, will be replaced as part of this proposal’slandscaping.

In simple terms this results in a total of 47 trees/shrubs/plants on Lot 15 (7).The original LMA required 26 trees. With 32 trees existing on the landcurrently, an additional 15 trees/shrubs and/or plants will be planted. Thismeans that should the LMA variation be accepted and the developmentproceed, the net result will be an additional 21 trees will be on the land beyondthat required by the original LMA.

At its meeting of 25 August 2015, the Council resolved:That Council’s Development Assessment Panel be delegated the authority to approvethe final landscaping plan when it considers the development application for Lot 15 (7)Pomona Road Stirling.

- That the deed of variation of the Land Management Agreement, entered intobetween the Adelaide Hills Council and Philip Stanton Bennett and FrancesWoods on 10 March 2008, only be agreed to by the CEO, if the developmentapplication referred to in (2) above is approved by the Council’s DevelopmentAssessment Panel.

- The existing trees which are the subject of the deed of variation shall not beremoved until development approval has been granted for the development of Lot15 (7) Pomona Road Stirling.

- All costs associated with the preparation and registration of the deed of variationbe borne by the applicant.


As stated above, a detailed landscaping plan has been provided (referAttachment 9). The original intent of the LMA was to protect the replacementtrees planted at the time of the unauthorised tree removal on the land, and toretain the remaining significant trees along Pomona Road to ensure anydevelopment of the land is screened to some degree from Pomona Road. It isconsidered that the revised landscaping plan will achieve the same outcomewith trees retained along the front boundary of Pomona Road and othersplanted (apart from the removal to facilitate the front carpark). It is furthernoted that the existing trees will not be removed until development approvalhas been obtained for the development of the site. Note that the existing LMAwill still remain in force for the remainder of the trees subject to the LMA.However the LMA will be amended via a deed of variation to include the newlandscaping plan. All costs will be borne by the applicant.

7. SUMMARY & CONCLUSIONThe proposal is for offices and fitness studio. Offices are contemplated in the policy area.Whilst fitness studios are not listed in the policy area, they are included in suitable landuses for the District Centre Stirling Zone. The proposal has generally addressed thepolicy area provisions in relation to height, design and impact on the locality. Thereplacement of vegetation has been sufficiently addressed. It has been demonstratedthat there will not be a significant increase in traffic resulting from the proposal. Additionalnoise impacts are not considered to be significantly increased. Traffic Carparking issufficient for the proposed uses.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONA. That the Council Development Assessment Panel considers that the proposal is

not seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 14/1036/473 by Duxton Offices Pty Ltd for Mixed usedevelopment - offices, 24 hour fitness studio, undercroft carparking andearthworks at 7 Pomona Road Stirling subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:

- Folland Panozzo site plan 4.DA01 F dated 23/7/15- Folland Panozzo elevations 4.DA02 D dated 16/7/15- Folland Panozzo elevations 4.DA03 D dated 16/7/15- Folland Panozzo site plan and sections 4.DA04 D dated 16/7/15- Folland Panozzo elevations 4.DA06 B dated 16/7/15- Folland Panozzo landscape plan LP01 A dated 10/9/15- Masterplan response to representations dated 2 June 2015


REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.

(2) External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: precast concrete solver vitesse, rammed earth red oxide, stonefacing bluestone or similarROOF: exposed steel dulux powder coated precious steel pearl or similar

REASON: The external materials of buildings should have surfaces which areof a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.

(3) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of the locality.

(4) Carparking Stormwater Runoff – CommercialAll surface water from carparking or handstand areas shall be directed toa proprietary pollutant treatment device capable of removing oils, silts,greases, and gross pollutants to Council and EPA satisfaction prior todischarge to Council stormwater system or street water table.

The discharge pit on the southern boundary of the property is required tobe upgraded replacing the existing infrastructure with a grated pitincluding a silt trap to be connected to the existing 525mm stormwaterdrain running beneath the road.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs onadjacent sites.

(5) Carparking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructed ofbitumen or brick paved prior to occupation and maintained in goodcondition at all times to the reasonable satisfaction of the Council

REASON: To provide adequate, safe and efficient off-street parking forusers of the development.


(6) Amplified MusicAmplified music associated with the approved used shall not be playedbetween 10pm and 6am the following day.

REASON: Noise shall not detrimentally affect the residential amenity of thelocality.

(7) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shall prepareand submit to Council a Soil Erosion and Drainage Management Plan(SEDMP) for the site for Council’s approval. The SEDMP shall comprise:-

• a major drainage plan,• a site plan,• supporting report,• calculations,• design sketches with details of erosion control methods that will

prevent:a. soil moving off the site during periods of rainfall and detail installation

of sediment collection devices to prevent the export and sediment fromthe site; and

b. erosion and deposition of soil moving into the remaining nativevegetation below the house site; and

c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machineryThe works contained in the approved SEDMP shall be implemented prior toconstruction commencing and maintained to the reasonable satisfaction ofCouncil during the construction period.

REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.

(8) Timeframe For Landscaping To Be PlantedLandscaping detailed in plan LP01 issue A dated 10/9/2015 shall be plantedprior to occupation and maintained in good health and condition at alltimes. Any such vegetation shall be replaced if and when it dies orbecomes seriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality in whichthe subject land is situated and ensure the survival and maintenanceof the vegetation.

(9) Prior to Development Approval Being Granted – LMA VariationPrior to Development Approval being granted, the deed of variation to theLMA shall be prepared, executed and registered over the land.

REASON: To ensure the approval is in accordance with the landscaping plan


NOTES(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal has beencommenced the date on which it is determined, whichever is later).Building Rules Consent must be applied for prior to the expiry of the DPC,or a fresh development application will be required. The twelve (12) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.

(2) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environment ina way which causes, or may cause, environmental harm.

(3) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.

B. That the CDAP agree to a deed of variation being lodged in the following terms:- remove six (6) of the planted trees along the eastern boundary (1 x acer

October glory, 1 x pin oak and 4 chanticleer pear- remove one (1) of the planted trees along the frontage (Japanese zelkova)- replacement of the existing landscaping plan with the Folland Panozzo

landscaping plan LP01 A dated 10/9/2015.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Public Notification Plans4. Land Management Agreement5. AHC Engineering Response6. Local Heritage Advisor Response7. Representations8. Applicant’s response to representations9. Replacement Landscaping Plans

Respectfully submitted Concurrence

___________________________ _______________________________

Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services


ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

PUBLIC NOTIFICATION PLANS

ATTACHMENT 4

LAND MANAGEMENT AGREEMENT

ATTACHMENT 5

AHC ENGINEERING RESPONSE

ATTACHMENT 6

LOCAL HERITAGE ADVISOR RESPONSE

ATTACHMENT 7

REPRESENTATIONS

ATTACHMENT 8

RESPONSE TO REPRESENTATIONS

ATTACHMENT 9

REPLACEMENT PLANTING PLAN



Applicant: Oakbank Bowling Club Landowner: Oakbank Bowling Club Inc

Agent: Steve Tanner Ward: OnkaparingaDevelopment Application: 15/179/473 Originating Officer: Tom Victory

Application Description: Four light poles (10m high) & lights associated with bowlinggreen

Subject Land: Lots: 2 and 3 Sec: P4021FP:157735 CT:5292/98

General Location: 1 Pike Street and 7John Street, Oakbank

(Refer to Locality Plans Attachment 1)Development Plan Consolidated : 9January 2014Maps AdHi/19 and AdHi/58

Zone/Policy Area: Country Township(Balhannah And Oakbank) Zone - OakbankVillage Policy Area


Site Area: 3350m²

Public Notice Category: Category 3

Notice published in The Advertiser on 24July 2015

Representations Received: 7 (3 in support)

Representations to be Heard: 4

1. EXECUTIVE SUMMARYThe purpose of this application is to construct four light poles 10m high with a light atopeach pole (one pole at each corner) of the existing Oakbank Bowling Club greens.

The subject land is located within the Country Township (Balhannah and Oakbank) Zone- Oakbank Village Policy Area and is a merit form of development. Four representationsin opposition and three representations in support of the proposal were received duringthe Category 3 public notification period.

Whilst the lights may result in some light spill to adjacent properties due to the closeproximity to the allotment boundaries and some adjacent housing, it is considered thatsuch spill should not be of a significant level and is within Australian Standardsguidelines. The proposed lights are to be used infrequently and for limited days/timeswhich can be appropriately reinforced through conditions of consent.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3applications where representors have requested to be heard in relation to theirrepresentations.

The main issues relating to the proposal are light spill, visual and amenity impacts.


Council Development Assessment Panel Meeting – 3 November 2015Oakbank Bowling Club15/179/473


Four light poles (one at each corner of the existing greens). The poles are to be 10mabove the existing ground level and constructed of galvanised steel. Each pole wouldbe erected 1.5m from the corner of the existing green and fully contained within theallotment boundaries of the site.

Atop each pole it is proposed to install a 2000 Watt Metal Halide floodlight (Model:Olympic 1808).

Lux plans have been provided demonstrating potential light spill of the lights atvarious points around the site and that they should be below relevant AustralianStandards at the relevant boundaries.

The amended proposed plans are included in Attachment 2. The plans subject to publicnotification are provided in Attachment 3.Note- The proposed poles were reduced from 12m down to 10m in height followingpublic notification and the two southern-most poles were shifted northwards to reducelight- spill impacts on neighbouring properties to the south. Additional glare shields andtilting were added to the lights on these two poles to further reduce impacts. Revisedlux diagrams/calculations were also provided in relation to the reduced heights of thepoles to show that Australian Standards will be met. Representors have been informedin writing of the changes arising from the amended plans/details prior to the CDAPmeeting.

3. HISTORYAugust 27, 2013 13/547/473 Council approved a storage shedJuly 15, 1997 97/12/473 Council approved a removal of internal wall

in clubroom building

4. REFERRAL RESPONSESNo referrals were required for this application.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act, 1993 requiring formal public notificationand a public notice. Seven representations were received, three of these being insupport of the application. All were from adjacent and nearby properties.



NominatedSpeaker

Adrian Dormer 5 Pike Street, Oakbank PersonallyRobert Schuiling 3 John Street, Oakbank PersonallyAdrian and Christine Pobke Unit 3/1 John Street, Oakbank PersonallyJohn Lambert 10A John Street, Oakbank Personally


The applicant or their representative Mr Steve Tanner may be in attendance.

The issues contained in the representations can be briefly summarised as follows: Concern regarding light spill affecting neighbouring properties Visual impacts of the proposed poles The introduction of lights increasing the hours of activities into the evenings

which in turn could create noise impacts to adjacent residents such as amplifiedmusic That an over-ride timer should be fitted to ensure lights are not left on pastnormal operating hours

Concerns regarding some existing noise impacts from activities on the site suchas mowing machinery in mornings and music.


In response to the objections raised, the applicant:

provided amended plans reducing the height of the poles to 10m (down from 12m)

amended the two southern-most pole locations by shifting them northwards toreduce light- spill impacts on neighbouring properties to the south. Additional glareshields and tilting were added to the lights on these two poles to further reduceimpacts

provided revised lux diagrams/calculations in relation to the reduced heights of thepoles to show that Australian Standards will be met

outlined in further detail the need/purpose of the lights is to avoid extreme heat byallowing early evening playing times and to offer the option of evening practicetimes to attract younger families

stated that the club is only open two nights a week. It is intended to only extendplaying time an hour or two with play on the green to cease by 10pm

stated that the club/engineers are agreeable to consulting neighbours during theinstallation phase regarding the angle of the lights to minimise light spill impacts

stated a fence is intended to be erected between the southern boundary and thecurrently vacant block immediately south, and

stated the club is agreeable to restricting hours of use of the lights to minimiseamenity impacts.




i. The Site’s Physical CharacteristicsThe subject land of the Oakbank Bowling Club comprises two squareallotments each approximately 1700m² in area. One allotment fronts PikeStreet and contains the square shaped bowling green, the other fronting JohnStreet contains the clubroom building and a shed.

The bowling green allotment is inherently flat, being filled/retained above thenatural ground towards the north-western corner of the allotment. Theclubroom allotment is mainly flat with a slight slope upwards to John Street.Both allotments are generally void of trees.

ii. The Surrounding AreaThe locality is generally developed with low density residential uses to thewest, south and east. There is a vacant allotment immediately south of thebowling green, which, until recently, was in the ownership of the OakbankBowling Club. There is a two storey dwelling application and pool currentlylodged with Council on this allotment but not yet determined.

A kindergarten exists to the north of the bowling green allotment and theOakbank Soldiers Memorial Hall is to the north east on the other side of PikeStreet. The wider locality generally rises from Onkaparinga Valley Roadslightly up to the south-east.


The subject land lies within the Oakbank Village Policy Area of the CountryTownship Zone and these provisions seek:

The location of retail, commercial and community facilities alongOnkaparinga Valley Road; the remainder of the area developed forlow density residential use, with the possible exception of someindustrial development located near the Railway Station

Preservation of the village character of the main street and otherstreets


Objectives: 2PDCs: 5, 6

The Country Township (Balhannah and Oakbank) Zone seeks the retention ofthe village character of Oakbank with the Onkaparinga Valley Road areacontinuing to provide retail, commercial and community functions.


Objectives: 5PDCs: N/A


Assessment

There is very little policy guidance within the Zone and Policy Area policies toassess this proposal, other than policies which seek to retain the villagecharacter of Oakbank.

At 10m high the poles would essentially be comparable to a typical stobie polewhich are prominent through the locality. The applicant has also confirmed thatthe poles can be conditioned to be painted or powder coated in dark grey toreduce potential reflectivity (refer recommended Condition 3). As such thepoles, whilst not minor, should however not have a significant impact on thevisual amenity of the area and as such should not impact to any significantdegree on the village character of Oakbank.

The lights are proposed to be used relatively infrequently and would typicallybe in operation two nights per week, in the warmer months of the year only.The lights would be turned off prior to 10pm and as such should not have asignificant impact on the locality. The impacts, based on the duration andfrequency, are considered to be acceptable. The period of use, days and timesare reflected in recommended Condition 2.

It is noted that the Policy Area/Zone does envisage a mix of uses. Whilst thereis a predominance of residential uses in the locality there are also otherexisting non-residential uses and the bowling club’s longstanding existing userights need to be given a high level of weight in any assessment. Althoughsome concerns have been received from local residents, it is considered thatexpectations on residential amenity should not equal, for example, thatexpected in an established residential zone or a locality where only residentialuses exist.


The Council Wide provisions of relevance to this proposal seek (in summary): Orderly and economic development The minimisation of visual impacts from buildings and structures Preservation of residential amenity from light spill, noise or other

amenity impacts


Objectives: 1, 4, 52, 87, 88, 90PDCs: 2, 3, 9, 13, 16, 17, 22, 23, 24, 25, 74, 76, 85, 86, 149, 228, 229, 231,233, 234, 235, 241, 245

Orderly and Economic DevelopmentThe proposal is considered to be orderly and economic as it should enable theexisting bowling activities at the club to be undertaken in a more economic andsafer manner than currently. The current situation of bowling sessions needingto occur during daylight hours has led to problems with heat stress for players.By allowing lighting (in a restricted fashion), this should assist in alleviatingsuch issues. A secondary purpose also allows potential differentdemographics of people to attend bowling sessions after hours thus improvingthe economics of the club.


The club is a facility of some 60 years in age and thus is considered to havewell established existing use rights. The lighting is considered orderly in termsof adding to existing infrastructure on the established site, rather than analternative option of relocation and displacing such activities.

Whilst there is some concern regarding light spill from the proposal toneighbouring residents, as discussed elsewhere in the report, the restrictednature of the proposal is considered to result in acceptable impacts.

The application is therefore considered to sufficiently address Objectives 1 and52 and PDCs 2, 3 and 17.

Minimisation of visual impacts from buildings and structures

See discussion under the Zone assessment. The proposal is considered togenerally accord with Objectives 4, 87, 88 and 90 and PDCs 13, 22, 23, 24,25, 228, 229, 231, 233, 234, 235 and 245 in relation to visual impacts of thepoles.

Preservation of residential amenity from light spill, noise or other amenityimpacts

The revised design and lighting lux calculations show that at the southernboundary (closest boundary to adjacent residential uses) the AustralianStandards for Obtrusive Lighting from Outdoor Bowling Greens (which isgenerally a threshold of 10lx at the allotment boundary) will be met at allpoints.

Whilst there would still be some light spill, this would appear to be anunavoidable situation due to the existing layout of the site, with the bowlinggreen taking up most of the area of the allotment, thus requiring the lighting beplaced in close proximity to the four corners of the allotment. The obtrusivelighting may impact to a degree upon the northern parts of two propertiesbeing 5 John Street and 3 Pike Street. The impacts could be avoided throughplacement of a high fence or similar but this is not proposed and such a fencewould likely have negative visual impacts/shadowing impacts. The applicantproposes to instead use glare shielding on the two southern most light fittingsand to tilt them upwards slightly to minimise light spill to these two properties.

Notwithstanding the above, the Australian Standards are guidelines and notmandatory rules. The following excerpt is considered important in this regard:


The lights are proposed to be used relatively infrequently and would typicallybe two nights per week, in the warmer months of the year only. The lightswould be turned off prior to 10pm and as such should not have a significantimpact on the locality. The impacts, based on the duration and frequency, areconsidered to be acceptable. The impacts could be further lessened byperhaps some strategic planting of trees, boundary trellising or othermeasures between neighbours. The club has also indicated a willingness toconsult with neighbours during installation regarding the aiming of the lights(see recommended Advisory Note 5).

Recommended Condition #2 sets out the maximum periods/days and times inwhich the lights can operate based on statements in the applicant’sdocumentation. An exception has been made for New Year’s Eve should theclub envisage events on that night, which is considered to be a reasonableallowance.

It is noted that the subject locality contains a range of existing non-residentialuses include the bowling club. The club’s longstanding existing use rights needto be given a high level of weight in any assessment.

The allotment at 3 Pike Street has up until recently formed part of the BowlingClub land. It has recently been sold and is subject to a current developmentapplication for a dwelling to be constructed. At the time of public notification ofthis lighting application, the Bowling Club was still the registered owner of thisallotment. It is however understood that the Club has since discussed theproposal to install lighting with the new owner of 3 Pike Street and will furtherdiscuss future shared fencing between the two properties.

Existing noise (such as lawnmowers, music) is not considered relevant to theassessment of this proposal. Further it is unlikely that the installation of thelights would exacerbate any existing noise issues to any significant degreeparticularly given the proposed finishing time of 10pm. Notwithstanding,recommended Condition #4 seeks to ensure any noise levels emanating fromthe property accord with relevant EPA guidelines.


On balance, considering all relevant factors, the proposal is considered tosufficiently address Objectives 1 and 52 and PDCs 2, 3 and 17.

7. SUMMARY & CONCLUSIONAt 10m high the poles would essentially be comparable to a stobie pole which areprominent through the locality. As such the poles, whilst not minor, should however nothave a significant impact on the visual amenity of the area and as such should notimpact to any significant degree on the village character of Oakbank.

The lights are proposed to be used relatively infrequently and would typically beoperating two nights per week, in the warmer months of the bowling season. The lightswould be turned off prior to 10pm and as such should not have a significant impact onthe locality.

The guidelines outlined in Australian Standards should be met at the relevant boundaryto nearest residential properties. Whilst there will still be some light-spill, the impactsbased on the duration and frequency, are considered to be acceptable and generally inkeeping with the intent of the guidelines.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 15/179/473 by the Oakbank Bowling Club for four light poles (10mhigh) & lights associated with bowling green at 7 John Street and 1 Pike Street,Oakbank subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Lighting Details from Gerard Professional Solutions (1 X 2000 Watt

Olympic [1808] Metal Halide Light to be erected on each pole) datestamped as received by Council 18 June 2015

- Lighting Lux Plan/Site Plan date stamped as received by Council 20Oct 2015

- 10m Octagonal Pole Drawing by Hayman Industries Pty Ltd, DrawingNumber HQP7483, date stamped as received by Council 16 Oct 2015

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.


(2) Days / Hours of Operation of LightsThe lighting shall only be used between the months of October to Marchand shall only be used for a maximum of two nights per week with thelights being turned off no later than 10pm. The exception to this is NewYear’s Eve when the lights shall be turned off no later than 12:30am.

REASON: To ensure the proposed development is undertaken inaccordance with the approved details and to ensure that residentialamenity in the locality is not adversely impacted.

(3) External Finishes of PolesThe four poles shall be either painted in a Dark Grey or similar in a mattestyle paint or pre-colour treated (eg powder coated) in a dark grey orsimilar.

REASON: To ensure the proposed development is undertaken inaccordance with the approved details and to ensure that the poles are ofa non-reflective finish to minimise visual impacts

(4) Adherence to EPA Noise GuidelinesNoise levels emanating from the property shall not exceed theguidelines set in the Environment Protection (Noise) Policy 2007, or itslegislated equivalent, at any given time.

REASON: To ensure that residential amenity in the locality is notadversely impacted.


This Development Plan consent (DPC) is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced the date on which it is determined, whichever is later).Building Rules Consent must be applied for prior to the expiry of the DPC,or a fresh development application will be required. The twelve (12) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.


(3) Works Within Close Proximity to BoundariesThe development herein approved involves work within close proximity toboundaries. The onus of ensuring development is in the approved positionon the correct allotment is the responsibility of the land owner/applicant.This may necessitate a survey being carried out by a licensed land surveyorprior to the work commencing.


(4) Neighbour Consultation During Light InstallationIt is recommended that residents of dwellings in close proximity to the sitebe consulted during the installation/testing of the lights regarding the angleto ensure that light spill impacts can be minimised where possible onneighbouring dwellings.

9. ATTACHMENTS1. Locality Plans2. Proposal Plans and Details3. Public Notification Plans and Details4. Representations5. Applicant’s response to representations


___________________________ _______________________________

Tom Victory Vanessa NixonSenior Statutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLANS

ATTACHMENT 2


ATTACHMENT 3

PUBLIC NOTIFICATION PLANS

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5




Applicant: Vodafone Australia Landowner: Minister For Infrastructure

Agent: N/A Ward: Mt LoftyDevelopment Application: 15/84/473 Originating Officer: Tom Victory

Application Description: Telecommunication facility comprising monopole (maximumheight 29.95m), antennas and associated infrastructure, equipment shelter & 2.4m highchain mesh fence and removal of existing water storage tank

Subject Land: Lot:84 Sec: P5402FP:132875 CT:5403/448

General Location: Lot 84 Blackhill Road,Houghton

(Refer to Locality Plans in Attachment 1)Development Plan Consolidated : 9September 2014Map: AdHi/8

Zone/Policy Area: Watershed (PrimaryProduction) Zone


Site Area: 223 m²


Representations Received: 8


1. EXECUTIVE SUMMARYThe purpose of this application is to construct a telecommunication facility andassociated infrastructure. The facility is a joint venture between telecommunicationscarriers Vodafone and Optus.

The subject land is located within the Watershed (Primary Production) Zone and is amerit form of development.

Eight representations in opposition of the proposal were received during the Category 2public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2development in which representors wish to be heard.

The main issues relating to the proposal are potential visual impacts on the locality andthe necessity of the tower in the particular area.

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, on balance,staff are recommending that the proposal be GRANTED Development Plan Consent,subject to conditions.

Council Development Assessment Panel Meeting – 3 November 2015Vodafone Australia15/84/473


Telecommunications facility comprising a monopole of 29.95m maximum height, withattached transmitting antennae/infrastructure for telecommunications carriersVodafone and Optus.

Equipment shelter (3.1m x 2.7m by 2.6m high)

A 2.4m high chain mesh security fence around the perimeter of the facility

The intended compound for the proposed facility is to occupy a rectangular areameasuring 10m by 6m (60m2) in the south-eastern corner of the allotment. Theproposed monopole is to be positioned 3m from the southern and westernboundaries of the compound.

Removal of existing decommissioned water tank.

The proposed plans and reports are included in Attachment 2.

3. HISTORYNo previous applications. Note- The site has historically been a small SA WaterCorporation water supply facility (now decommissioned).

4. REFERRAL RESPONSESNo referrals were required for this application.

5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Section 38(2)(a) of the Development Act (1993) and Schedule 9, (26)(1) of theDevelopment Regulations (2008) requiring formal public notification. Eight (8)representations were received all opposing the proposal. Most of the representationswere from adjacent properties. The plans and details subject to public notification areincluded in Attachment 3. A petition in opposition was also submitted to Council whichwas tabled at a Council meeting on 28 April 2015 for noting. The petition does nothowever form a valid public representation in accordance with Development Act, 1993requirements and as such cannot be considered in the development applicationassessment.



Nominated Speaker

Jenni Phillips 15 Head Road, Inglewood Appearing PersonallyRosemary Brown 11 Head Road North,

InglewoodAppearing Personally

Kathleen Merrifield 48 Blackhill Road,Houghton

Appearing Personally

The applicant may be in attendance.


The issues contained in the representations can be briefly summarised as follows: Visual impacts Whether there is a need for the facility and whether there are better alternative

sites or co-location opportunities Reduction in property values Concerns regarding Electromagnetic Energy (EME) levels and potential for

associated health impacts Construction issues/impacts on other existing infrastructure Bushfire risk from infrastructure Potential for impacts on flora and fauna


In response, the applicant stated:

The proposed monopole design is the least visually intrusive available (asopposed to lattice towers and the like) and will be surrounded by existinglarge trees. The proposed development will not be highly visible from theHoughton Township.

There is no evidence that the installation of mobile phone facilities devaluatea property.

ARPANSA (Australian Radiation Protection and Nuclear Safety Agency) hasestablished a Radiation Protection Standard specifying limits for generalpublic exposure to Radio Frequency (RF) emissions. All radio-communication facilities are regulated by the Australian Communicationsand Media Authority (ACMA) to ensure compliance with the RadiationProtection Standard.

An Environmental RF Report was prepared (and attached to the response torepresentations) which calculates the expected EME levels from theproposed facility. In summary the maximum EME level calculated for theproposed facility is expected to be 1.48% of the public exposure limit in theARPANSA standard. The proposed telecommunications tower therefore hasa predicted EME level well below the maximum level specified in thestandards.

The facility is a necessity for improved mobile phone coverage within theInglewood and Houghton area as well as surrounding tourist routes.

An additional eight (8) candidate sites for the proposed telecommunicationstower were investigated. Due to various reasons including, location, visualprominence, and patchy coverage, the sites were not viable.

Impacts to flora and fauna have been investigated and will be negligible asonly minor saplings are required to be removed for the structure.

Bushfire risk emanating from the site is negligible and the proposal willactually improve phone coverage in event of a bushfire emergency.

Photo montages are supplied to show the envisaged appearance of thefacility in the landscape.




i. The Site’s Physical CharacteristicsThe subject land is a square allotment of 223m² in area and is presentlyowned by the Minister for Infrastructure. It has frontage to Blackhill Road ofapproximately 15m. It has historically been used as a SA Water Corporationwater supply site but the existing water tank and infrastructure has long sincebeen decommissioned. The tank is still present on the land along with somesmall native shrubs. The land is generally flat.

The intended compound for the proposed facility is to occupy a rectangulararea measuring 10m by 6m (60m2) of the south-eastern corner of theallotment. An area of 10.4m by 6.4m encompassing the compound isproposed to be leased from the State Government by the telecommunicationscarriers.

The Surrounding Area

The surrounding locality consists predominantly of rural residential uses withblocks ranging from 2,100m2 to 3ha. Immediately west is a SA PowerNetworks substation. The subject site adjoins a piece of land to the east andsouth (piece 27) which is part of the rural living property on the western side ofthe substation (with the house being located on piece 26 of the sameallotment). To the north-west is a large rural living property and to the north-east is the Houghton cemetery. The nearest dwellings are to the west andeast, both in the order of 60m from the proposed tower site. The locality ismoderately undulating, however land in the vicinity of the site is quite flat.

ii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Watershed (Primary Production) Zone andrelevant provisions seek the enhancement and maintenance of naturalresources, amenity and landscape.


Objectives: 1, 4, 5PDCs: 1, 2, 10, 11, 14, 15, 29, 30, 31, 32, 37 and 39

The protection of natural resources and native vegetation

The site is reasonably cleared of vegetation and only some minor vegetationexists (small saplings); therefore impacts on native vegetation should benegligible. The proposal should not result in pollution, stormwater, erosion orother impacts that could result in depletion of, or impact upon naturalresources. The proposal therefore generally accords with Objectives 1 and 4and PDCs 10, 29, 30, 31, 32 and 37.


Protection of amenity and landscape values for residents and visitors

See detailed discussion on visual impacts in the Council Wide assessmentbelow. The application is considered to suitably address Objective 5 andPDCs 1, 2, 11, 14, 15 and 39.


The Council Wide provisions of relevance to this proposal seek (in summary):

Telecommunications facilities provided to meet the needs of thecommunity, located and designed to minimise visual impact on theamenity of the local environment.


Objectives: 114, 115PDCs: 341, 342, 343, 344 and 345

Telecommunications Facilities Assessment

Objective 114 – The facility is a joint venture to provide improved mobilecoverage to customers of two carriers within the Houghton and Inglewoodareas, which currently have insufficient coverage to meet the needs of thecommunity. A range of alternative sites have been considered through theprocess, but the proposed site is optimum and the most practical.

Objective 115 – It is considered that the proposed siting of the tower has beencarefully selected so as to reduce its visual impact. It must be recognised thatall telecommunications facilities due to their height, required infrastructure andneed to have clear line of sight to surrounding areas, will have some visualimpact on the locality. This is an unavoidable and an inherent part of suchfacilities unless they are disguised as something else (eg a tree). The keyissue is whether such facilities are located and designed to minimise suchimpacts. In this instance the proposed siting is considered to have a number ofpositive aspects in that:

It is to be located in a location which has already has been visually‘disturbed’ to a degree by the presence of the large adjacentsubstation, as well as the large water tank infrastructure on the subjectland and the nearby cemetery.

There is a large number of relatively high trees around the subject sitewhich will provide a high amount of screening of the structure frommany surrounding vantage points.

The site is not within the Township Zone of Houghton where moredense residential uses exist.

(Note- photo montages have been included in the response to representationswhich give some indication of the final appearance of the structure from threesurrounding vantage points and that trees provide a good level of screening).


PDC 341 The proposed location of the telecommunications tower was picked

from a list of eight candidates and deemed to create optimumcoverage with the least amount of visual impact thus addressing part(a) of this PDC.

The monopole is to be concrete and as such should be relatively non-reflective to minimize visual intrusion and to blend into thesurroundings thus according with part (b) of this PDC.

The transmitting infrastructure was reduced in scale following publicnotification via a set of slightly amended drawings so as to assist inminimising visual impacts. The infrastructure is considered to beappropriate to address part (c) of this PDC.

The siting is within a rural type zone being the Watershed (PrimaryProduction) Zone therefore according with part (d) of this PDC.

The site is situated within a cluster of established trees. The proposedequipment shed is to be situated at the base of the monopole and willbe somewhat screened by existing vegetation and the substation fencefrom certain angles, thereby generally according with part (e) of thisPDC.

The site is considered to have been suitably sited and designed toaddress part (f) of this PDC.

PDC 342 – The applicant has provided detailed reporting on a number ofalternative candidate sites including sites with existing towers to investigateco-location opportunities. For a number of technical and other reasons, noreasonable co-location opportunities on existing towers exist. It is howevernoted that given the proposal is to co-locate two carriers infrastructure on theone proposed pole, this does save the need for an additional potential pole ortower to be erected elsewhere in the locality. It is further noted that theproposed site is within a rural zone and thus accords with PDC 342 in thatregard.

PDC 343 – The site is not considered to be in an area of high visitation andcommunity use, therefore this PDC is considered to be of limited relevance.

PDC 344 – The site is not within a residential zone therefore according withthis PDC.

PDC 345 – The site is not located near any heritage places or historicconservation/heritage zones therefore according with this PDC.

Environmental/Public Health IssuesIt is quite well established in planning case law that EME impacts cannot be arelevant consideration in the assessment of development applications fortelecommunications facilities. Further, there are no relevant Development Planpolicies which guide the assessment of EME levels arising from such facilitiesas it is governed by other legislation.

Notwithstanding, the applicant has provided a report which calculates theexpected EME levels from the proposed facility. The summary of thisassessment is that the maximum EME levels would be 1.48% of the public


exposure limit set in the national standards set by ANSARPA standards, whichis significantly below the relevant threshold.

7. SUMMARY & CONCLUSIONAlthough concerns outlined by a number of representations from residents in the generallocality of the site are noted and acknowledged, it is considered that the proposal hasbeen suitably designed and located to generally accord with relevant policies in theDevelopment Plan. Significant analysis and reports have been provided by the applicantto demonstrate a need for the proposed facility in the locality and that no practicalalternative sites superior to that proposed or co-location options at existing facilities havebeen able to be identified.

The proposed facility should not have any substantial impact on the locality. The proposalis sufficiently consistent with the relevant provisions of the Development Plan, and it isconsidered the proposal is not seriously at variance with the Development Plan. In theview of staff, the proposal has sufficient merit to warrant consent. Staff thereforerecommend that Development Plan Consent be GRANTED, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 15/84/473 by Vodafone Australia for atelecommunication facility comprising monopole (maximum height 29.95m),antennas and associated infrastructure, equipment shelter, 2.4m high chainmesh fence and removal of water storage tank at Lot 84, FP 132875, BlackhillRoad, Houghton subject to the following conditions:


- Amended Site and Locality Plan, Drawing Number 5195 – G1,Revision 2, date stamped as received by Council on 31 August 2015

- Amended Site Setout Plan, Drawing Number 5195 – G2, Revision 2,date stamped as received by Council on 31 August 2015

- Amended Site Elevation Plan, Drawing Number 5195 – G3, Revision1, date stamped as received by Council on 31 August 2015


(2) External Materials and FinishesThe external finishes to the structures herein approved shall be asfollows:Monopole: Concrete finish or similarEquipment Shelter and fencing: Dark Grey or Green or similar


REASON: The external materials of buildings should have surfaceswhich are of a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.



(2) Erosion Control During ConstructionManagement of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.

(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777. Thismust be sought prior to Full Development Approval being granted byCouncil.

(5) Works in Close Proximity to the BoundaryThe development herein approved involves work in close proximity to theboundary. The onus of ensuring development is in the approved positionon the correct allotment is the responsibility of the land owner/applicant.This may necessitate a survey being carried out by a licensed landsurveyor prior to the work commencing.


9. ATTACHMENTS1. Locality Plans2. Proposal Plans and Details3. Plans and Details from Public Notification4. Representations5. Applicant’s response to representations


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLANS

ATTACHMENT 2


ATTACHMENT 3

PLANS FROM PUBLIC NOTIFICATION

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5

RESPONSE TO PUBLIC REPRESENTATIONS



Applicant: Peter Oborn Landowner: WJ Joyce Nominees Pty Ltd

Agent: W M Joyce Ward: Onkaparinga ValleyDevelopment Application: 15/484/473 Originating Officer: Marie Molinaro

Application Description: Change of use from cellar door to restaurant (maximum 75persons), alterations & additions to provide new cellar door with 10 special events, &change to car parking approved as per development authorisation 11/584/473

Subject Land: Lot:170 Sec: P69DP:53455 CT:5805/955

General Location: 730 Mawson RoadLenswood

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Maps AdHi/3 & 49

Zone/Policy Area: Watershed (PrimaryProduction) Zone and Lenswood Policy Area


Site Area: 10.78 hectares


Representations Received: Two

Representations to be Heard: Two

1. EXECUTIVE SUMMARYThe purpose of this application is to seek retrospective consent to change the use of anapproved cellar door (shop for the sale & tasting of wine) to a 75 seat restaurant, and toconstruct an addition to the proposed restaurant building which will serve as a new cellardoor. The original cellar door was approved per development authorisation 11/584/473and this application also seeks to change the maximum capacity of the majority of specialevents, and the car parking layout approved as per this previous authorisation.

A copy of the approved documentation for application 11/584/473 is included asAttachment 2.The subject land is located within the Watershed (Primary Production) Zone andLenswood Policy Area and is a merit form of development. Two representations inopposition to the proposal were received during the Category 2 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority as the representorswish to be heard.

The main issue relating to the proposal is its potential negative impact on the amenity ofadjacent residents in relation to possible increased traffic movements along the unsealedroad servicing the subject land, increased noise and light spill impacts.


Council Development Assessment Panel Meeting – 3 November 2015Peter Oborn15/484/473


Conversion of an approved cellar door to a restaurant (retrospective).

The internal layout of the proposed restaurant will consist of 75 seats at the easternend of the building, with kitchen and toilet facilities at the western end of the building.

A deck attached to the eastern end of the building, courtyard area delineated bymasonry walls to the north of the building and lawn area to the south will remain.

An addition of 46m² to the south of the building which will function as a separate cellardoor for the sale and tasting of wine.

Attached to the cellar door addition will be a 38m² flat roof verandah.

The materials of the addition are to match the existing building, and consist of

masonry walls with Colorbond®

roof. The flat roof verandah attached to the cellardoor addition will have a Zincalume roof.

Provision of 47 compacted gravel and line marked on-site car park spaces. Includedas part of the on-site car parking is one wider universal access car park, which isadjacent to the entrance of the building.

This car parking arrangement is different to that approved as per developmentauthorisation 11/584/473 in that the car parking layout is reconfigured to the north ofthe building.

Both the restaurant and the cellar door will operate from 11am – 5pm seven days perweek.

The existing cellar door has approval to operate 11am – 5pm seven days per week.

Outside of standard operating hours 10 special events are proposed. Nine of thesespecial events will cater for a maximum of 75 persons, but will have a later finishingtime of 11pm, whilst the remaining special event will allow the venue to participate inthe ‘Crush Festival’ where it is anticipated up to 250 people will attend the restaurantand cellar door.

This special event arrangement is different to that approved as per developmentauthorisation 11/584/473 in that nine of special events could cater for a maximum of100 people.

During special events eight staff will be required, with six staff members requiredduring standard operating hours.

Only wine from the Pike & Joyce label will be served in the restaurant and cellar door.

Provision of live music inside and outside of the building in licensed areas.

The proposed plans (including liquor licence details) are included in Attachment 3. Thepart site plan has been amended since public notification was undertaken, the notifiedplans are included as Attachment 4.


3. HISTORYAugust 7, 2014 14/523/473 Council approved a storage shed and

masonry wall (courtyard) (variation tolocation of masonry wall and size andlocation of water tanks in 11/584/473).

April 2, 2012 11/584/473 CDAP approved additions and alterations toexisting dwelling and change of use to newshop for the sale and tasting of wine inassociation with an existing vineyard, deck(maximum height of 0.6m) associatedcarparking, two freestanding masonry walls,landscaping, two 40,000 litre water storagetanks and associated earthworks.

April 18, 2011 08/121/473 Applicant withdrew a developmentapplication for the demolition of an existingdwelling & the establishment of a shopconsisting of wine sales & tasting outlet withassociated restaurant, two 100,000 litrerainwater tanks and ancillary carparking withlandscaping and earthworks.


AHC ENVIRONMENTAL HEALTH UNITPre-approved wastewater application 15/W139/2015. Also advised that separatehand washing and food preparation sinks are required, along with easy to cleansurfaces. A service food handling notification form will need to be submitted tothe Environmental Health Unit. (See recommended note 2).


5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Watershed (Primary Production) Zone Principle of Development Control 72requiring formal public notification. Two (2) representations in opposition to theproposal were received.



Nominated Speaker

Lynly Mader 707 Mawson Road,Lenswood

TBA

Valmai Van Es 754A Mawson Road,Lenswood

TBA

The applicant or his representative may be in attendance.

The issues contained in the representations can be briefly summarised as follows: The proposal will result in additional traffic movements along Mawson Road,

which is unsealed. As a result there will be problems with increased dust.


The increased capacity of the restaurant and cellar door will lead to an increasein noise and light spill which will detrimentally impact on the amenity of thelocality.




i. The Site’s Physical CharacteristicsThe subject land is irregular in shape, and is 10.78 hectares in area. The siteof the development is one the higher points within the locality, with land slopingdownwards moderately to the east, south and west. The site has expansiveviews to the east and south over vineyards and rural land. The land ispredominantly covered by vines, with the portion of the site closest to MawsonRoad being covered by dense vegetation.

The existing building is sited towards the north west of the subject land, and isapproximately 100m from the nearest dwelling on an adjacent allotment.

A compacted gravel carpark is located between the building and MawsonRoad, which also wraps around the north and south of the building. A looptrack around the building also caters for tour bus movements and emergencyservices vehicle access.

ii. The Surrounding AreaLand uses in the locality are predominantly for rural residential and primaryproduction. Numerous allotments to the east and south contain vineyards.Dog boarding kennels exist on adjoining land to both the north and east of thesubject land. There are numerous dwellings on large allotments further northon Mawson Road and Edwards Hills Road. Further to the west lare largerlandholdings, and the southern portion of the Mount Crawford Forest Reserve.

Numerous allotments in the wider locality have significant stands of nativevegetation, including the subject land. Most of the productive agricultural landwithin the area is covered by vineyards or fruit orchards.

iii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Watershed (Primary Production) Zone,Lenswood Policy Area and these provisions seek:

- The maintenance and enhancement of the natural resources of the southMount Lofty Ranges.

- The enhancement of the Mount Lofty Ranges Watershed as a source ofhigh quality water.

- The enhancement of the amenity and landscape of the south Mount LoftyRanges for the enjoyment of residents and visitors.


- The development of a sustainable tourism industry with accommodation,attractions and facilities which relate to and interpret the natural andcultural resources of the south Mount Lofty Ranges, and increase theopportunities for visitors to stay overnight.

b) Policy Area Provision

- The retention of orchards and bushland as the dominant uses.- Retention of the present village character and size of Lenswood and

Forest Range.- No further provision of small rural living allotments.

The following are considered to be the relevant Zone and Policy Areaprovisions:

Objectives: 1, 2,5,6PDCs: 3, 7, 42, 65, 66, 67, 68, 69, 70 & 72

Form of DevelopmentPrinciple of Development Control (PDC) 3 requires buildings to have a yearround water supply and a safe and efficient effluent disposal system. PDC 3also requires that an unobtrusive area for the storage and disposal of refuse isprovided.

The proposal is consistent with PDC 3 as the Council’s Environmental HealthUnit has pre-approved wastewater application W139/15. This application is analteration to the wastewater system approved as part of original developmentauthorisation 11/584/473. Advice from the Environmental Health Unit is thatthe wastewater system has the capacity to cater for additional loadsassociated with dining; however portaloos will be required during the specialevent for up to 250 people. This is to ensure that the wastewater system isnot overloaded.

Please note that the provision of portaloos during the event for up to 250persons was also a requirement of previous authorisation 11/584/473.

A screened courtyard area on the northern side of the building is where binsand a storage shed approved as part of development authorisation 14/523/473are located.

PDC 7 relates to additions to buildings, and provides that additions should belocated on the side of the dwelling which minimises the obtrusiveness of thecompleted building.

The proposed cellar door addition is located on the southern side of thebuilding visible from the east but the overall mass of the building is minimisedby the design of the addition which includes varying wall and roof lines.

The materials of the addition and colour scheme are to match that of theexisting building, except for the Zincalume roof material of the verandahattached to the cellar door addition.


Whilst the use of Zincalume does generally not accord with PDC 1, it isconsidered that it is acceptable in this instance given the flat roof pitch, andsmall 38m² floor area.

Rural DevelopmentPDC 42 states that rural areas should be retained for primary productionpurposes and other uses compatible with maintaining rural productivity.

The majority of the subject land operates as a vineyard, and the wine offeredfor tasting and sale within the proposed restaurant and cellar door is limited tothe Pike & Joyce label.

The Pike & Joyce label is a collaboration between the Pike family and theJoyce family who produce wine grown from vineyards in the Adelaide Hills andClare Valley regions.

Watershed Areas – Cellar Door Sales Outlets, Restaurants and Shops wherethe tasting of wine and retail sale of wine are the predominant activities andwhere the sale of wine is limited to that which is uniquely the licensee’s ownproductPDCs 66 – 69 relate directly to this proposal.

PDC 66 provides that restaurants should be established on the same allotmentas a winery or cellar door, and not result in more than 75 seats for diningpurposes.

The proposal is consistent with this PDC.

PDC 67 provides that cellar door sales outlets should be established on thesame allotment as a winery, primarily sell and offer the tasting of wine that isproduced within the Mount Lofty Ranges Region and not result in a grossleasable area of more than 250 square metres for wine tasting and retail sales.

The proposal is partly inconsistent with PDC 67 as the subject land does notcontain a winery. However, PDC 68 does contemplate that shops where thetasting and retail sales of wine are the predominant activity should beestablished on the same allotment as a vineyard.

Whilst the overall floor area of the building is greater than 250m², the grossleasable area of the cellar door is only 46m². Areas open to cellar door visitorswhich are not covered by a solid roof such as thethe courtyard and lawn aredo not fall within the definition of gross leasable area.

PDC 69 relates to both restaurants and cellar doors and provides that theseland uses should not be sited within flood prone areas, within 25 metres of awatercourse or 50m of a road.

The building is not within a flood prone area or 25 metres of a watercourse,but is less than 50m from the front boundary. Given the wide road reserve infront of the subject land though, the building is approximately 45 metres fromthe edge of Mawson Road.


The proposed cellar door addition is to the southern side of the dwelling, anddoes not reduce the setback from the front boundary or Mawson Road.

Non-complying DevelopmentPDC 70 states that all kinds of development are non-complying in theWatershed (Primary Production) Zone, aside from a list of exemptdevelopment types.

Both restaurant and cellar door land uses are listed as non-complyingexemptions. This demonstrates that they are anticipated and supported landuses in the Watershed (Primary Production) Zone.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- Provision for increased employment opportunities- A compatible arrangement between land uses and the transport system

which will:(a) ensure minimal noise and air pollution;(b) protect amenity of existing and future land uses;(c) provide adequate access;(d) ensure maximum safety; and(e) protect roadside vegetation.

- The extension of the economic base of the Mount Lofty Ranges Regionin an environmentally sensitive and sustainable manner.

- The development of support facilities to assist in promotion of tourismwithin the area.

- Protection of the watershed from pollution.- Development should minimise the threat and impact of bushfires on life

and property while protecting the natural and rural character.


Objectives: 1, 8, 20, 65, 96, 98, 103, 106PDCs: 2, 3, 13, 15, 58, 59, 272, 275, 299

Form of DevelopmentPDCs 13 and 15 state that development should not be undertaken if theconstruction, operation and/or management of such development is likely toresult in dust or noise nuisance or cause nuisance to the community by theway of light interference.

Representations received from adjacent property owners raise concerns aboutdust, noise and light spill.

In relation to dust nuisance, the subject land is serviced by Mawson Roadwhich is unsealed.

However, the Council’s Engineering Department has advised that a scheduleof works is in place to re-sheet Mawson Road between now and Decemberthis year. The material used to re-sheet the road will have a high lime content,


meaning the road will set hard. This should help to alleviate dust caused bytraffic movements along the roadway.

In relation to noise nuisance the applicant proposes regular trading hours of11am until 5pm seven days per week. In addition to the regular trading hours,10 special events per year are also proposed. Nine of these special eventswill cater for a maximum of 75 persons and conclude at 11pm. The remainingevent will cater for a maximum of 250 persons and will allow the restaurantand cellar door to participate in a ‘Crush Festival’ event.

It should be noted that previous development authorisation 11/584/473 allowedthe business to have nine special events per year which could cater for amaximum of 100 people and an additional event which could cater for amaximum of 250 people (10 overall events). The proposed trading hours havenot changed from what was approved as per development authorisation11/584/473, with the restaurant only offering a lunch service.

The applicant advises that entertainment in the form of amplified music hasgenerally been played inside the building during special events. However, theapplicant is now seeking to have the flexibility to provide live music tocustomers during regular trading hours, inside and outside of the building inlicensed areas.

Given that the regular trading hours are restricted, the provision of liveentertainment in in all licensed areas should not cause too much nuisance toadjacent property occupiers. It is recognised that this could cause nuisanceduring the extended trading hours of special events, so it is recommended thatduring special events entertainment is confined to within the building (seerecommended condition 7).

In a response to the representor’s concerns about light spill the applicant hasinstructed staff when cleaning the facility after close of trade to use secondarylighting within the building. Secondary lighting as advised by the applicant isthe use of down lights only. This should help to alleviate light spill from thebuilding causing nuisance to adjacent property occupiers.

Transportation (Movement of People and Goods)Objective 20 and PDCs 58 and 59 seek the safe and efficient movement ofpeople and goods and off-street vehicle parking which meets the anticipateddemand of the Table AdHi/4 Car Parking Provisions of the Development Plan.

In relation to a restaurant land use, Table AdHi/4 provides that one car parkspace is required for every three seats in the restaurant. Based on a 75 seatrestaurant 25 car park spaces are required.

The applicant has provided 47 car park spaces, which leaves 16 car parkspaces for cellar door customers, considering that six of the car parks arededicated to staff.

Based again on Table AdHi/4, only three car park spaces are required for thecellar door addition, so there is ample parking.


In any event, it is anticipated that there will be some overlap betweencustomers visiting the cellar door and then stopping for a meal in therestaurant.

In relation to overall visitor numbers the applicant anticipated possibly 50visitors per day as part of development authorisation 11/584/473. Since thebusiness has been in operation the applicant reports that this figure isaccurate for weekday trade, but can increase to up to approximately 100visitors per day on the weekend.

Again, assuming that customers travel to the subject land in groups of two thiswould result in about 14 vehicle movements an hour (in and out). This is theworst case scenario though, with the majority of the time visitor numbers beingless than this.

A track which loops around the building allows for min-bus circulation, withbusloads of customers only accepted on a pre-arranged basis. No busparking is provided on site, as buses are only allowed onto the subject land ona drop-off and pick-up basis. The applicant provides their other business siteat 220 Coldstore Road, Lenswood as a waiting area for buses.

Rural DevelopmentObjective 63 seeks increased employment opportunities in primary production,and associated service industries.

The proposed development is considered to be a retail business associatedwith primary production, which provides employment opportunities for Hillsresidents.

TourismObjective 96 seeks to assist and encourage the development of small scaletourist facilities in localities having a convenient access to primary traffic routesas shown on Map AdHi/1 (Overlay 1).

The proposed development is considered to be a small scale tourist facilitywhen considered against other similar combined restaurant and cellar doorfacilities in the Council area.

As an example, last year the Council Development Assessment Panel (CDAP)considered and approved a development application by a cellar door atLongwood to have 12 large functions per year (maximum 250 persons) whichcould conclude at midnight.

This application is different from that proposal in that the allotment where thecellar door at Longwood is located is much larger, and approximately 800mfrom the nearest dwelling. However, it does indicate that restaurant and/orcellar door facilities including limited functions in their business models is notunusual.

Access to the facility is primary along sealed roads, which feed off arterialLobethal Road, until vehicles turn onto Mawson Road.

Bushfire Protection


Objective 106 provides that development should minimise the threat andimpact of bushfires on life and property.

As per development authorisation 11/584/473 water tanks for firefightingpurposes were required to be installed, and the loop track around the buildingmaintained for CFS vehicle access.

The applicant has also advised that the business has a bushfire managementplan in place. Previously the business has cancelled pre-booked functions andclosed the business to general visitors on catastrophic bushfire days.

In addition, essential safety provisions will be required as part of the BuildingRules assessment.

7. SUMMARY & CONCLUSIONThe proposal is for the retrospective change of use from a cellar door (shop for the saleand tasting of wine) to a restaurant with a proposed addition to function as a cellar door.The subject land is located in the Watershed (Primary Production) Zone, and bothrestaurant and cellar door land uses are anticipated in this zone.The proposed restaurant and cellar door will operate within the same trading hours aspreviously approved for the cellar door use, but the capacity of the majority of theassociated special events will be reduced.Off-street car-parking and vehicle manoeuvring areas are adequate, and it is consideredthat the change from a cellar door to a restaurant will have minimal impact on the numberof vehicle movements to and from the subject land.Accordingly, the change of land use is not anticipated to have further negative impacts onadjacent property owners.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 15/484/473 by Peter Oborn for Change of use from cellar door torestaurant (maximum 75 persons), alterations & additions to provide new cellardoor & change to special events & car parking approved as per developmentauthorisation 11/584/473 at 730 Mawson Road Lenswood subject to the followingconditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:Site plan by Graham Bettany Architecture, dated 8/7/15


Amended part site plan by Graham Bettany Architecture amendment C,dated 19/10/2015Amended floor plan by Graham Bettany Architecture amendment B, dated13/8/15Elevation plan by Graham Bettany Architecture amendment A, dated 8/7/15Written correspondence from Peter Oborn (Joyson Orchards), received byCouncil 30 July 2015


(2) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of the locality.

(3) External Finishes To Match Existing BuildingExternal finishes of the addition shall be of materials and colours to matchor complement those of the existing building to the reasonable satisfactionof Council.

REASON: To maintain and enhance the visual amenity of the locality.

(4) Opening HoursThe public opening hours of the restaurant & cellar door shall be from11:00am - 5:00pm Monday - Sunday, with the exception of the ten specialevents per year. During these special events the restaurant and cellar doorcan be open from 11:00am - 11:00pm.

REASON: To ensure the development operates in accordance with theapproval.

(5) Restriction On Number Of Special EventsThe number of special events as described in condition 4 shall not exceed10 per calendar year. Such special events shall have a maximum capacity of75 persons except for one special event which may cater for up to 250persons. Any increase in the number of functions/capacity will requireseparate development approval.NOTE: The 250 person event will require the provision of portaloos inaddition to the on-site facilities to meet the requirements of the BuildingCode of Australia.

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans and to ensure the waste controlsystem is adequate.


(6) Entertainment (Amplified Music)Entertainment (e.g. amplified music) shall be contained within the buildingduring special events as described in condition 4.

REASON: To maintain and enhance the amenity of the locality.

(7) Restriction On Dining CapacityThe combined capacity of the restaurant & deck shall not exceed 75persons.

REASON: To ensure accordance with the nature of the development.

(8) Restriction On Display/Sale Non-Beverage/Food ItemsA maximum area of 25m² shall be used for the display and sale of any non-beverage or non-food item within the cellar door.

REASON: To ensure the tasting of wine and retail sale of wine are thepredominant activities of the cellar door.

(9) Sale & Tasting of WineThe sale and tasting of wine shall be limited to that which is uniquely thelicensee's own product.

REASON: To ensure accordance with the nature of the development.

(10) Car Parking Directional SignageDirectional signs indicating the location of car parking spaces shall beprovided on the subject land and maintained in a clear and legible conditionat all times.

REASON: To identify the location of off-street parking and ensure the freeflow of traffic.

(11) Unloading And Storage Of Materials And GoodsAll materials and goods shall at all times be loaded and unloaded within theconfines of the subject land. Materials and goods shall not be stored onthe land in areas delineated for use as car parking.

REASON: To provide safe and efficient movement of people and goods.

(12) Gravel carparking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, and line-marked in accordance with AustralianStandard AS 2890.1:2004. Line marking and directional arrows shall beclearly visible and maintained in good condition at all times. Driveways,vehicle manoeuvring and parking areas shall be constructed of compactedgravel prior to occupation and maintained in good condition at all times tothe reasonable satisfaction of the Council.


REASON: To provide adequate, safe and efficient off-street parking forusers of the development.

(13) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall betreated on-site to the satisfaction of Council using design techniques suchas:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basinsStormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties.

(14) Removal Of Solid WasteAll solid waste including food, leaves, papers, cartons, boxes and scrapmaterial of any kind shall be stored in a closed container having a closefitting lid. The container shall be stored in a screened area so that is it notvisible to the public realm.

REASON: To maintain the amenity of the locality.



(2) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. It isthe responsibility of the owner of other person operating the food businessfrom the building to ensure compliance with the relevant legislation beforeopening the food business on the site.

(3) Food Handling NotificationFood business notification must be provided prior to commencing any food(or consumable product) handling activities. This may be provided on-lineat www.fbn.sa.gov.au or by obtaining a notification form from Adelaide HillsCouncil.


(4) Bushfire SafetyThe applicant is to continue to implement a Bushfire FireAction/Management Plan for the site.

9. ATTACHMENTS1. Locality Plan2. Approved documentation 11/584/4733. Proposal Plans & Details4. Public Notification Document5. EHU Response6. Representations7. Applicant’s response to representations


___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

APPROVED DOCUMENTATION 11/584/473

ATTACHMENT 3

PROPOSAL PLANS & DETAILS

ATTACHMENT 4

PUBLIC NOTIFICATION DOCUMENT

ATTACHMENT 5

EHU RESPONSE

ATTACHMENT 6

REPRESENTATIONS

ATTACHMENT 7




Applicant: Sagle Constructions Pty Ltd Landowner: P H Dow

Agent: Gary Lees Ward: Torrens ValleyDevelopment Application: 15/640/473 Originating Officer: Susan Hadley

Application Description: Two storey dwelling alterations & additions with deck(maximum height 4.5m), swimming pool & private bushfire shelter and associatedearthworks

Subject Land: Sec: 447 CT:5853/730 General Location: 281 Millbrook RoadInglewood

(Refer to Locality Plan Attachment 1)Development Plan Consolidated: 9January 2014Map AdHi/3

Zone/Policy Area: Watershed (PrimaryProduction) Zone




Representations Received: One

Representations to be Heard: One

1. EXECUTIVE SUMMARYThe purpose of this application is to construct two storey dwelling alterations andadditions consisting of a deck with a maximum height of 4.5 metres, sunroom, aswimming pool on the upper level of the addition and a 6 car garage, gym and a privatebushfire shelter in the basement level.

The subject land is located within the Watershed (Primary Production) Zone and theproposal is a merit form of development. One representation in opposition was receivedduring the Category 2 public notification period.

The proposed two storey alterations and additions are consistent with the size and scaleof the existing dwelling and will effectively create a split-level dwelling. The colour andmaterials will match that of the existing dwelling and are of mid grey tones that will blendwith the natural landscape.

The main issue relating to the proposal is the visual impact it will have on the surroundinglocality with a proposed deck height of 4.5 metres.

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

Council Development Assessment Panel Meeting – 3 November 2015Sagle Constructions Pty Ltd15/640/473


Two storey dwelling alterations and additions consisting of:

o The upper level proposes a total floor area of 300.9m² containing a deck witha height of 4.5 metres, a sunroom and an infinity pool located on the northernside of the existing dwelling. A movable pool enclosure that retracts isproposed to the western end of the pool which will form a shelter at thewestern end when fully open.

o A basement area of 187.1m² is proposed for parking of six vehicles, a gym,bushfire shelter, a pool room for the pump and filter and an internal lift foraccess to the upper level of the dwelling.

The walls of the addition are proposed to be of grey precast concrete along thefaçade of the garage with glass brick windows to the façade of the gym and featurestone along the infinity pool.

The roof, garage doors, fascias and gutters are proposed to match the existingdwelling being of Woodland Grey Colorbond®.

The sunroom is proposed to be clad with full length windows looking out to the deckand the deck will be fitted with stainless steel balustrades and glass panels.

The proposed additions involve earthworks cut into the existing topography to a depthof 2-2.5 metres to ensure the height of the upper level matches the existing dwellingwhich has a RL of 106.6 metres. The basement level is proposed to have a RL of101.4 metres (5.2m wall height).

The proposed addition will be setback approximately 130-140 metres from MillbrookRoad, 37 metres from the eastern boundary and 115 metres from the westernboundary.

The proposed plans are included in Attachment 2.

3. HISTORYOctober 4, 2005 05/894/473 Council approved domestic outbuildingMarch 12, 2003 03/228/473 Council approved dwelling additionsSeptember 17, 1998 98/893/473 Council approved garage


CFSThe CFS have no objection to the proposal and have recommended a standardcondition relating to vegetation (refer recommended condition 4).


AHC EHUCouncil’s Environmental Health Officer advised there is no impact on the existingon-site effluent disposal area from the proposal.


5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Zone PDC 71 requiring formal public notification due to the height of the deck.One (1) representation was received from an adjacent owner in opposition to theproposal. All were from adjacent properties.



Nominated Speaker

JH Stephanos and TMSwanson

261 Millbrook Road,Inglewood

John Stephenson

The applicant may be in attendance.

The issues contained in the representation can be briefly summarised as follows: Visual impact and impact on rural locality. Intrusion of light overspill and noise nuisance.


A copy of the submission is included as Attachment 4 and the applicant’s response tothis is provided in Attachment 5.


i. The Site’s Physical CharacteristicsThe subject land is 8.2 hectares in area and contains an existing dwelling,water tanks and outbuildings with landscaped areas and formed internalroads. The topography of the land is gently undulating, gradually rising up tothe south from Millbrook Road. There are several large native trees scatteredacross the property along with some planted European trees surrounding thedwelling and a cluster of pines to the south east of the dwelling site. Awatercourse traverses the northern boundary along Millbrook Road with a damlocated in nearby proximity to Millbrook Road and two subsequent dams southeast of the dwelling and outbuildings.

ii. The Surrounding AreaThe locality is rural in nature with similar sized parcels of land to the subjectland and contains detached dwellings with outbuildings and landscaped areas.All of the dwellings have generous setbacks from Millbrook Road. Thetopography surrounding the subject land is undulating and scattered withnative vegetation.

In consideration of the allotment sizes each of the dwellings on adjacentproperties have generous separation distances from the subject dwelling,these being 265 metres to the west and 200 metres to the east.



The subject land lies within the Watershed (Primary Production) Zone andthese provisions seek:

- preservation of primary production- preservation and restoration of remnant native vegetation- enhancement of the amenity and landscape for the enjoyment of

residents and visitors

Objectives: 1, 2 and 5PDCs: 1, 2, 3, 4, 7, 9, 10, 11, 14, 15, 16, 29, 30, 39, and 70

Accordance with Zone

The zone envisages residential development within primary production areaswhilst retaining the scenic attractiveness of the locality. The proposeddevelopment is within a parcel of land already developed for residential useand due to the size of the subject land it is unlikely that it would be a viableuse for primary production therefore the proposal satisfies Objective 5 andPDC 1, 2, 3, 4, 6 and 23.

Form of Development

The proposal is for dwelling alterations and additions on a reasonably sizedrural residential allotment in the Watershed (Primary Production) zone. Theoverall vertical height of the building will be approximately 9 metres, with awall height of 5 metres on the basement level which is proposed to be partiallyrecessed beneath natural ground level. The existing dwelling is set back 130-140 metres from Millbrook Road and beneath the ridgeline to the south behindthe dwelling. PDC 1 states buildings should be unobtrusive and located belowthe ridgeline, set well back from public roads and be on an excavated siterather than a filled site to reduce the vertical profile of the building. It isconsidered that the proposal accords with these provisions.

The existing dwelling is sited approximately 37 metres from the easternboundary and 115 metres from the western boundary. The footprint of theproposed additions is sited on an area that is currently void of any nativevegetation as it is an existing developed site. The proposal is considered toaccord with PDC 29 as it is not within an area that contains native vegetation.

PDCs 2 and 11 also discuss building design. Buildings should be unobtrusive,and not detract from the desired natural character, in particular the profile ofthe building is considered to complement the contours of the land with thevariations in the roof and wall lines. Whilst the additions are two storeys with asignificant vertical height, being 9 metres, these proposed variations in theroof and wall lines also assist to create shadows and add visual interest. Theproposal is considered to partially address PDCs 2, 11 and 30 relating to notimpairing the character of the locality and minimising the clearance of nativevegetation.


Residential Development

The proposal is for dwelling alterations and additions located in an areaprimarily denuded of vegetation, thereby meeting PDCs 29 and 30.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- The amenity of localities not impaired by the appearance of land and

buildings


Objectives: 1, 87, 88, 90 and 106PDCs: 2, 3, 4, 6, 7, 12, 13, 15, 22, 23, 87, 88, 89, 227, 231, 234, 235, 245,249, 301, 302, 303 306, 307, 366 and 368

Form of Development

The proposed development is considered to be orderly and economic andtherefore consistent with Objective 1 and PDC 2. While the proposedadditions are not single storey in nature, the site of the development is belowthe ridgeline and involves an excavated site rather than a filled site.Furthermore, it is important to note that the works proposed will match andcomplement the existing single storey dwelling. Given that the site in questionis already established and in an area characterised by other dwellings onsimilar sized allotments, the proposal is considered to be partially consistentwith PDC 87 which seeks that the amenity of localities are not impaired by theappearance of land, building and objects. The proposed additions includematching the colour scheme with that of the existing dwelling beingColorbond® Woodland Grey. The external walls are proposed of grey precastconcrete. The colours selected are of natural tone and considered appropriatefor the locality. The proposal is therefore considered to accord with PDCs 22,88, and 235.Residential DevelopmentThe locality contains detached dwellings on allotments of similar size andconfiguration. The existing dwelling is approximately 475m² in area. Theproposed size, scale and bulk are considered to be consistent with the existingdwelling and accord with Objectives 87 and 88 and PDCs 13, 89, 227, 231,234, 245 and 249. Due to the topography of the land and the two-storeydesign of the additions there will be distant views beyond the subject land,however given the setback and existing vegetation any potential foroverlooking is diminished by the extent of distance between adjacent land andbuildings being approximately 200 metres to the nearest adjacent dwelling.


Given the nature of the proposed development being residential, the potentialfor issues of noise nuisance are likely to be low risk. A condition will beimposed to ensure that any external lighting does not cause overspill toadjacent properties or within the surrounding locality (refer recommendedcondition 2).

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater from the dwelling is to be directed to the existing water storagetank to the west of the dwelling therefore the proposal is considered to beconsistent with PDCs 367 and 368.

Water Supply & Effluent DisposalThe dwelling is currently serviced with a water supply via the existing waterstorage tank. The additions do not include changes to the plumbing for theexisting dwelling and do not impact on the existing on-site waste water systemand effluent disposal area. The proposal is therefore consistent with ZonePDC 3 and Council Wide PDC 12.

Transportation issuesThe existing access from Millbrook Road is satisfactory and will not requireany alteration as a result of this development.

Fire Protection issues

The existing driveway that follows the contours of the land is satisfactory forCFS access therefore complies with Zone PDC 9.

The CFS has assessed the site as BAL 12.5. Standard conditions regardingvegetation, access to the site and water supply have been provided in the CFSreport. (refer recommended condition 4). The proposal will therefore accordwith Objective 106 and PDCs 300, 301, 302, 303, 306 and 307.

Construction issuesA soil erosion and management plan is recommended in condition 7.

7. SUMMARY & CONCLUSIONThe proposal is for two storey dwelling alterations and additions. The design, materialsand colours will blend with the environment and are considered suitable. Whilst theproposal is for two storey additions and alterations, it is anticipated that due to thetopography of the land the proposal should not cause adverse amenity impacts on theadjacent properties. The scale and bulk of the proposed additions are consideredconsistent with the existing dwelling and size of the subject land. Additionally the worksproposed are located within the site of the existing residential area on the subject landand have good separation distances from adjacent properties to minimise visual impacton the adjoining dwellings.



8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 15/640/473 by Sagle Constructions Pty Ltd for Two storey dwellingalterations & additions with deck (maximum height 4.5m), swimming pool &private bushfire shelter and associated earthworks at 281 Millbrook RoadInglewood subject to the following conditions:

(1) Development In Accordance With The Plans

The development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:

The following plans and details drawn by Geoff Matthews & AssociatesBuilding Designers received by Council on 29 July 2015 Site plan S0314 DA1 dated 28/7/15 Sunroom and pool plan S0314 DA2 dated 11/6/15 Basement garage plan S0314 DA3 dated 11/6/15 Elevations plan S0314 DA4 dated 11/6/15


(2) Residential LightingAll external lighting shall be directed away from residential developmentand, shielded if necessary to prevent lighting spill causing nuisance tothe occupiers of those adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of thelocality

(3) External Finishes To Match Existing BuildingExternal finishes shall be of materials and colours to match orcomplement those of the existing dwelling to the reasonable satisfactionof Council.

REASON: To maintain and enhance the visual amenity of the locality.


(4) CFS Vegetation/Landscaping

The existing garden shall be maintained to be free of accumulateddead vegetation during the fire danger season.

Grasses within 20 metres of the dwelling or to the propertyboundaries, whichever comes first shall be reduced to a height of10cms during the fire danger season.

REASON: To minimise the threat and impact of bushfires on life andproperty.

(5) CFS Conditions To Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.

REASON: To minimise the threat and impact of bushfires on life andproperty.

(6) Soil Erosion ControlPrior to construction of the approved development hay bales (or othersoil erosion control methods as approved by Council) shall be placedand secured below areas of excavation and fill to prevent soil moving offthe site during periods of rainfall.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(7) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall betreated on-site to the satisfaction of Council using design techniquessuch as:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basins

Stormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managedon site with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensureno ponding of stormwater resulting from development occurs onadjacent sites.


(8) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)

Prior to Building Rules Consent being granted the applicant shallprepare and submit to Council a Soil Erosion and Drainage ManagementPlan (SEDMP) for the site for Council’s approval. The SEDMP shallcomprise:-• a major drainage plan,• a site plan,• supporting report,• calculations,• design sketches with details of erosion control methods that will

prevent:a. soil moving off the site during periods of rainfall and detail

installation of sediment collection devices to prevent the export andsediment from the site; and

b. erosion and deposition of soil moving into the remaining nativevegetation below the house site; and

c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery

The works contained in the approved SEDMP shall be implemented priorto construction commencing and maintained to the reasonablesatisfaction of Council during the construction period.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) CFS Bushfire Attack LevelCompliance with the fire protection requirements is not a guarantee thedwelling will not burn, but its intent is to provide a “refuge” from theapproach, impact and passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 12.5.


The buildings shall incorporate the construction requirements forbuildings in Bushfire Prone areas in accordance with the Building Codeof Australia Standard AS3959 “Construction of buildings in bushfireprone areas”.

(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to takeall reasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute theenvironment in a way which causes, or may cause, environmental harm.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. Representations5. Applicant’s response to representations


___________________________ _______________________________

Susan Hadley Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLANS

ATTACHMENT 2


ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5




Applicant: P & B De Corso Landowner: B De Corso

Agent: Botten Levinson Lawyers Ward: Marble HillDevelopment Application: 14/554/473 Originating Officer: Tom Victory

Application Description: Filling of land and associated landscaping, stabilisation andstormwater works


General Location: 312A Lobethal Road,Ashton

(Refer to Locality Plans Attachment 1)Development Plan Consolidated : 9 Jan2014Map AdHi/15 and AdHi/51

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Water Protection (MarbleHill) Policy Area



Public Notice Category: Category 2 Representations Received: 2


1. EXECUTIVE SUMMARYThe purpose of this application is for the filling of land of approximately 1.5m in height.The proposal is partly retrospective and partly proposed future works such aslandscaping, stabilisation and stormwater works in an effort to improve what is currentlyon the ground.

There is a current Section 84 enforcement notice on the subject land relating to filling ofland that has occurred on the property without an authorisation. This notice was appealedby the owner to the Environment, Resources and Development Court. Through theconference process at the Court it was agreed to adjourn the appeal pending lodgementof a development application to retrospectively seek approval for the fill.

Whilst the owner and their legal representation contend that the fill on the land does notconstitute ‘Development’ as defined in the Development Act, 1993 and DevelopmentRegulations 2008, they agreed to lodge the application on a ‘without prejudice’ basis.

The subject land is located within the Watershed (Primary Production) Zone - WaterProtection (Marble Hill) Policy Area and is a merit form of development. Tworepresentations in opposition to the proposal were received during the Category 2 publicnotification period from neighbouring landowners to the east of the site.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2applications where representors wish to be heard.

Council Development Assessment Panel Meeting – 3 November 2015P & B De Corso14/554/473

The main issues relating to the proposal are visual impacts, stormwater flows, pollutionrisk and erosion.

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Approval, subject toconditions.


Filling of land to approximately 1.5m in height adjacent the eastern side boundary ofthe subject land. The height/amount of fill is based upon the difference in levelsevident in a survey commissioned by the owner in October 2012 versus a secondsurvey of the land in March 2014. It is estimated that the fill placed in between thedates of these two surveys is in the order of 60 to 80 tonnes.

It should be noted that to the naked eye it would appear that the fill that has beenplaced on the site is many metres higher than 1.5m. The ‘proposal’ is however onlyfor the fill that has been placed on the land between the two above mentioned timeperiods.

Upon lodgement of the applications, the applicant’s lawyers stated ‘Only as a gestureof good faith and as a means to consensually resolve the appeal, my clients haveagreed to lodge this development application. The application is made withoutprejudice to me client’s position that no unlawful development has occurred on theland, and that the fill the subject of this application does not require approval at all, oris already approved as part of previous approvals for the land’.

Whilst this opinion is not necessarily accepted by Council, it has been deemedappropriate in the circumstances (in consultation with Council’s legal representatives)to process the application as a means to assist in resolving the appeal process andultimately seeking to rectify/improve the situation on the land in a timely manner.

Included in the application is a Statutory Declaration from the landowners husband,Mr Pio DeCorso outlining the history of filling on the land since the purchase of theproperty in 1995. Mr DeCorso contends that between 1999 and 2013, a number ofrenovations and additions to the dwelling at the property resulted in earthworks inwhich soil was excavated and shifted to the fill area. Additional fill was also importedto the site to assist in creating usable flat land as general curtilage areas for thedwelling and outbuildings. He contends that 80 to 90% of the fill consists of loam, soiland sand, with the remaining material being concrete, bricks, small concrete footings,sandy spoil and rubble. He further contends that the fill material did not contain anyscrap metal, plastic, heavy metals, used car parts, domestic or putrescible waste,insulation, vegetation, batteries, asbestos, paint, tins or chemical containers.

A Statutory Declaration has also been submitted by the earthmover contracted todo the above earthworks, Mr Flavio Anfiteatro of Flavio and Sons Civil Pty Ltd. Heoutlines the history of works commissioned by the owners of the land and the fillmaterial brought into the land being only of clean fill materials which aligns with thestatement of the landowner’s husband.

In an effort to improve and manage any altered/increased stormwater flows toneighbouring properties to the east, a stormwater management report/plan by anengineering firm, was commissioned by the owner. This report was later amended


and refined to respond to concerns raised by public representations as well asfurther assessment by Council staff and officers from the local Natural ResourcesManagement Board.

In layman’s terms the final stormwater plan seeks to generally maintain naturalcatchment flows as would have existed prior to any man-made alterations. This isalso to be balanced with a number of erosion mitigation measures (such as the useof rock ‘rip-raps’, geo-textile fabrics, re-vegetation schemes, hay bales and siltfencing to ensure that water velocity is minimised and erosion impacts andpotential silt migration are also minimised. The recommendations of this report/planform part of the application. In more detail, and it is proposed to establish:

Stormwater drainage swales on the southern side of the site to convey the flowrategenerated by the upstream catchment up to the 100 year Average Return Intervalevent.

Stormwater drainage swale on the north eastern side of the lawn to capture therunoff generated from the lawn. The swale is to be rock lined.

Runoff captured in the swales will drain into the natural watercourse.

Implementation of sediment and erosion control measures including:- The finished swale surface shall be provided with minimum 100mm top soil

and seeding, and covered with jute matting- Erosion protection at the downstream end of the proposed swales by

providing rocks on geotextile fabric- Disturbed area to be provided with minimum 100mm top soil and seeding,

and cover with jute matting- Silt fences, and- Hay bales.

An assessment of the stability of the fill by an engineering firm was alsocommissioned by the owner which concluded that the fill material is not likely toundergo any significant landslip and in that regard may be considered as acceptablystable. The fill material however must not be considered as stable for the purposes ofsupporting any building or inflexible pavement construction. The engineer furtheradvised that in order to maintain stability, the existing erosion channels shall be re-filled and compacted and the fill re-graded to control rainfall runoff and prevent furthererosion of the top face and sides of the embankment.

A landscape planting plan by a landscape architect also forms part of thedocumentation and involves:

- The installation of biodegradable erosion control (Macjute) matting over theembankment to stabilise it

- The planting of new trees between the side boundary and bottom of theembankment

- Large shrubs at the top and bottom of the embankment- The planting out of the embankment with small shrubs and groundcover

plantings.


The proposed plans are included in Attachment 2. The stormwater plan subject to publicnotification is included in Attachment 3. Note - only the stormwater report/plan wasamended following notification process with all other documentation remainingunchanged following public notification. The representors were informed in writing of thedetails of the change to the stormwater report/plan.

3. HISTORY

March 26, 2014 Section 84 notice appealed by owner to ERD Court.

March 12, 2014 Section 84 Notice issued by Council to owner.

April 11, 2013 11/383/473 Council approved a free standing dwellingaddition (rumpus room)

February 7, 2007 06/468/473 Council approved a residential outbuildingincluding swimming pool, kitchen, bathroom and rumpusroom

June 10, 1999 99/213/473 Council approved dwelling additions andalterations

Note- A review of these historical files reveals none of the above applicationplans/approvals included proposals to create the filled area in question on the easternside of the allotment as exists on the land today.


Significant consultation occurred with officers (including numerous site inspections)from Council’s engineering section and the Adelaide and Mount Lofty NaturalResources Management Board during the enforcement process and also duringassessment of the application. The consultation assisted in providing advice back tothe applicant on preferred stormwater/erosion management and re-vegetation of thesite. The advice subsequently fed into the final stormwater management report andlandscaping plans produced by the applicant.

No mandatory referrals were applicable to the application pursuant to Schedule 8 ofthe Development Regulations, 2008.

Council Development Assessment Panel Meeting – 3 November 2015P and B DeCorso14/554/473

5. CONSULTATION

The application was categorised as a Category 2 form of development requiring formalpublic notification in accordance with Section 38(2)(a) of the Development Act (1993)and Zone PDC number 72 (filling of land exceeding 1.5m in height, not incidental tobuilding work but which constitutes development). Two representations were receivedin opposition to the proposal/raising issues for consideration. Both were from propertyowners immediately east of the subject site, as follows:


Nominated Speaker

David Crisp 332 Lobethal Road,Ashton

Appearing Personally

Danielle and KevinStone

322 Lobethal Road,Ashton

Do NOT wish to beheard

The applicants (or their representative – Botten Levinson Lawyers) may be inattendance.

The issues contained in the representations can be briefly summarised as follows:

An engineer report should be provided to determine what retaining is required. The current straw bales at base of fill are inadequate. The applicant must bear expense if stormwater flows need rectifying. Concerns regarding natural flows of 6th Creek Catchment being harmed. A soil report is required to ascertain what is in the fill. Neighbours have witnessed

car bodies and other demolition material being deposited. Concerns regardinghealth impacts from fill materials. Any clean up required shall be at applicant’scost.

The dismantled fence adjacent fill needs to be fixed at applicant’s expense. Trees previously removed shall by replaced. Concerns regarding visual amenity impacts including residential activities of

owners on the fill becoming more noticeable. Map contours reveal that the natural watercourse previously running through 332

Lobethal Road may have been altered by the fill and that stormwater diversion viaswales/pipes proposed, may decrease this flow further.

Concerns regarding lack of clarity and detail on the nature and extent of the fill andwhether it is guaranteed that no harmful materials could be in the fill.

Mr Crisp further stated that his objections could potentially be overcome by:

1) The planting that is proposed on the face of the fill area could be extended furthersouth along the fence line bordering the property at number 332 so that it screensthe view of the fill. An understorey and overstorey endemic bush as is proposed forthe face of the fill area would be appropriate.

2) More detail needs to be provided on previous natural water flows and also thecomposition of the fill to allow an informed assessment of the fill.


In response, the applicant’s lawyer stated:

Nature and extent of fillNo further filling is proposed, other than top-dressing for the establishment of lawnsand vegetation. As the fill already exists, it is not necessary to quantify the amount offill in order to assess its impact.

The applicant has provided detailed accounts of the process and the fill material used.

The Statutory Declarations of Mr De Corso and Mr Anfiteatro make it abundantly clearthat the fill material contains no metal, vegetation, car bodies, used car parts or toxicmaterial. In the circumstances there is no warrant for a soil report.

Sediment and diversion of flowsIn February last year the Adelaide Hills and much of South Australia experienced anextreme rainfall event. As works on the fill area were still underway and no vegetationhad at that stage been established, the stormwater runoff caused erosion channels toform which in turn resulted in sediment being carried partly onto the adjoining property.Since that time a large amount of vegetation has been established. It is consideredunlikely that extensive erosion will occur again.

However, to overcome concerns the applicant is proposing to install a stormwatermanagement system (note - refer to summary of the final system discussed earlier inthis report).

Visual amenityAs the fill has been in place for some time, vegetation is already becoming establishedand screening the previously exposed slope. This will be supplemented by significantadditional plantings in accordance with the landscaping plan. Mr Crisp’s shed isapproximately 50 metres from the fill area and at a similar level to the applicant’sdwelling.

Proposed additional vegetation will reduce the visibility of the fill and generally improvethe visual amenity of the area.

Engineering reportAn engineering report assessing the stability of the fill has already been obtained andmade available.

Dismantled boundary fenceFencing between properties is essentially a civil matter between the parties. However,the applicant confirms that the section of fencing in question will be repaired at hiscost.Tree replacementIt is understood that approximately three years ago a contractor undertaking work onthe subject land damaged some young trees on the neighbouring property at 322Lobethal Road. It was believed that the contractor had resolved the issue directly withMr and Mrs Stone and no further action was required. Again this is a civil matterbetween the parties and does not relate to the question of whether the developmentshould be approved. However, the applicant is willing to discuss the matter further withMr and Mrs Stone should they wish.


Additional plantingsIt is requested that proposed plantings be extended further south along the fence linewith number 332 Lobethal Road and the applicant would accept this as a condition ofconsent.


Note- Representors have been informed of the subsequent amendments made to theapplication which arose as a result of concerns raised through the public consultationprocess.


i. The Site’s Physical CharacteristicsThe subject land is approximately 2.5 hectares in area and is roughlyrectangular in shape with a north-south orientation. The land contains a house,pool and outbuildings centrally within the land, with the filled area in questiongenerally being towards the eastern side boundary. The site gains access toLobethal Road via the north-western corner, with a driveway which heads eastto near the eastern boundary before turning back to the west towards thedwelling.

There is scattered vegetation adjacent the front and rear boundaries, withpatches of native vegetation towards the rear boundary. The land naturallyslopes generally from west down to the east, however it is apparent on sitethat the filling undertaken over many years has somewhat altered this slope tocreate a flatter area generally in the eastern portion of the land.

ii. The Surrounding AreaThe locality comprises mainly rural living uses on allotments of a similar sizeor smaller than the subject land. The locality is quite undulating and there aresome horticultural activities further to the south-east and north west.

Immediately north east of the site (322 Lobethal Road) is a detached dwellingon a triangular allotment of some 3000m2. Immediately east is an allotment(332 Lobethal Road) of approximately 2.7 hectares which contains a shed andis mainly covered with native vegetation.


The subject land lies within the Water Protection (Marble Hill) Policy Area ofthe Watershed (Primary Production) Zone and these provisions seek:

Retention of agricultural activities which have low pollution potential. Protection of the surrounds of the townships of Summertown and Uraidla to

enhance the country town atmosphere and character.



Objectives: N/APDCs: 1, 7, 12, 13 and 14

The proposed fill of approximately 1.5m in height with associated landscapingand replanting of trees should not affect the general rural character andamenity of the landscape. If fully completed in accordance with thedocumentation it should be generally compatible with the varied landscapenature and type of adjoining development thus generally in accordance withPDC 1 and 7(b).

Significant landscaping works are proposed which should accord with PDC 12.No trees are proposed to be removed in the application, and new trees areproposed to be planted thereby according with PDC 13.

The proposal as outlined in the documentation should not result in impacts ofa significant degree as outlined in PDC 14.

The Watershed (Primary Production) Zone seeks:

The maintenance and enhancement of the natural resources of the southMount Lofty Ranges.

The enhancement of the Mount Lofty Ranges Watershed as a source ofhigh quality water.

The preservation and restoration of remnant native vegetation in the southMount Lofty Ranges.

The enhancement of the amenity and landscape of the south Mount LoftyRanges for the enjoyment of residents and visitors.


Objectives: 1, 2, 4, 5PDCs: 9, 10, 14, 15, 36, 37

Assessment

The use of clean fill material as outlined in the Statutory Declarations by theowner and earthmover as well as the proposed erosion control and stormwatermanagement works, should ensure general accordance with Objectives 1 and2 and PDC 36.

Native vegetation is not proposed to be removed in the documentation andsignificant planting of trees, shrubs and groundcovers is proposed. Thisshould accord with Objective 4 and PDCs 10 and 37.

The proposed fill of approximately 1.5m in height outlined in the application,which is to be screened by trees and planted out with shrubs andgroundcovers, should not impact the visual amenity of the locality to anysignificant degree thereby generally according with Objective 5 and PDCs 9,10, 14, 15 and 37.



The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and Economic Development- Minimisation of earthworks- Minimisation of stormwater and erosion impacts- Preservation of visual amenity and rural character- Protection of the Mount Lofty Ranges Watershed- Protection of remnant native vegetation


Objectives: 1, 4, 9, 13, 68, 70, 71, 75, 76, 77, 87, 88, 90, 103, 104, 105, 119,121, 122, 123, 124, 127, 129, 130PDCs: 2, 3, 6, 7, 9, 13, 15, 17, 202, 203, 204, 205, 209, 212, 213, 214, 244,217, 228, 229, 230, 231, 234, 296, 299, 353, 354, 355, 359, 366, 367, 368,370, 372, 373, 379, 376, 378, 379

Assessment

Orderly and Economic Development

The Statutory Declarations provided state that only clean-fill has been utilisedin the fill area which should not adversely impact water quality or theenvironment generally to any significant degree. The proposed fill is intendedto provide a more usable general residential curtilage area associated with theexisting dwelling and outbuildings on the land. The application is generally inaccordance with Objective 1 and PDCs 2, 3, 9, 13 and 17.

Minimisation of earthworks

The application proposes fill of approximately 1.5m in height which accordswith PDCs 7(a) and 229. The application as a whole, with thestabilisation/erosion management works, stormwater system and planting outof trees, shrubs and grasses should ensure that the filled area generallyaccords with PDCs 6 and 7 (b), (c) and (d).

Minimisation of stormwater and erosion impacts

A stormwater management system has been designed by an appropriatelyqualified engineering firm to minimise impacts of stormwater so that it willmaintain its natural path but at a reduced velocity, making its way eventuallyinto the public road stormwater system. This combined with the erosionmatting and regrading/planting works on the embankment should minimisepotential for erosion, silt migration and general stormwater impacts upon theneighbouring properties to the east. Some concern was been raised by aneighbour to the east about potential reduction of natural overland stormwaterflows passing through that property. The final stormwater report seeks toaddress those concerns whilst also managing potential erosion impacts.

The application as outlined in the documentation is therefore considered togenerally accord with Objectives 9, 119, 121, 122, 123, 124, 127, 129 and 130and PDCs 217, 353, 354, 355, 359, 367, 368, 370, 372, 373, 379, 376, 378and 379.


Preservation of visual amenity and rural character

See comments in relation to visual amenity in the Zone/Policy Areaassessment. The proposal should accord with Objectives 87, 88 and 90 andPDCs 13, 68, 204, 228, 230, 231 and 234.

Protection of the Mount Lofty Ranges Watershed

See comments in relation to the Zone/Policy Area and above in relation tocontents of the fill, stormwater and erosion management works. Theapplication as presented generally accords with Objectives 4, 103, 104 and105 and PDCs 296 and 299.

Protection of remnant native vegetation

See comments in relation to the Zone/Policy Area assessment. Thedocuments outline that no vegetation is proposed to be removed and thatsignificant planting of trees and shrubs are proposed thereby addressingObjectives 70, 71, 75, 76, 77 and PDCs 15, 202, 203, 205, 209, 212, 213,214, 244 and 366.

7. SUMMARY & CONCLUSIONWhilst it is may be challenging in an assessment to separate what appears to the nakedeye on the land today, compared to what is proposed in the application, an assessmentneeds to be made only on the plans/documentation provided by the applicant. Thedocumentation/plans provided by the applicant are considered to sufficiently accord withrelevant Development Plan policies.

Given the history of the matter, the current status of the enforcement notice (and theowner’s appeal on the notice) in the circumstances, it is recommended that DevelopmentApproval be granted. This will then enable the applicant to move forward in implementingthe range of proposed measures outlined in this application (stabilisation, stormwaterworks, landscaping and tree re-planting scheme) so as to vastly improve the situation asit exists on the ground today, and to reduce any impacts that may currently or previouslyhave been experienced by landowners immediately east of the site.

As per the discussion above, it is considered that the advantages resulting in grantingapproval to the application outweigh the disadvantages, in that the matter can then besatisfactorily rectified in a timely manner. Essentially, the application seeks to improvethe existing circumstance.

It is however considered important that given the retrospective nature of the application,that the implementation of the works are undertaken in an expeditious manner. Thenormal time period for substantial completion of a development (being three years) is notconsidered appropriate in the circumstances. Recommended Condition 2 therefore seeksto address this issue by ensuring that the stormwater, stabilisation and landscapingworks outlined in the documentation, and extra tree plantings offered by the applicant, bepractically completed to the satisfaction of Council within six months of the date of theapproval.

In consideration of all relevant matters, the proposal is sufficiently consistent with therelevant provisions of the Development Plan, and it is considered the proposal is notseriously at variance with the Development Plan. Staff therefore recommend thatDevelopment Approval be GRANTED, subject to conditions.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Approval to DevelopmentApplication 14/554/473 by P & B De Corso for filling of land and associatedlandscaping, stabilisation and stormwater works at 312A Lobethal Road, Ashtonsubject to the following conditions:


- Site Plan by Elite Land Solutions, date stamped as received by Council5 Feb 2015

- Survey Plan displaying 2012 levels and 2014 levels by Elite LandSolutions, Project Ref ELS 130-12, Sheet 1 of 2, Rev 0, date stamped asreceived by Council as received by Council 5 Feb 2015

- Cross Sections Plan displaying 2012 levels and 2014 levels by EliteLand Solutions, Project Ref ELS 130-12, Sheet 2 of 2, Rev 0, datestamped as received by Council as received by Council 5 Feb 2015

- Statutory Declaration by Pio DeCorso regarding the history andcontents of filling, declared on 3 June 2015

- Statutory Declaration by Flavio Anfiteatro regarding the history andcontents of filling, declared on 3 July 2015

- Amended Stormwater Management Report, 51333-1-4 Final by Fyfe PtyLtd dated 20 October 2015 and date stamped as received by Council 20October 2015

- Stability Report by Mr Trevor John of Fyfe Pty Ltd, dated 5 Sep 2014 anddate stamped as received by Council 31 Oct 2014

- Landscape Planting Plan by Outerspace Landscape Architects, DrawingNo. LP01, Sheet 1 of 1, Issue A, (including Macjute erosion controlblanket specifications) date stamped as received by Council 31 Oct2014

- Correspondence from Mr Thomas Game of Botten Levinson dated 21Aug 2015


(2) The stormwater, stabilisation and landscaping works outlined in thefollowing documents (and the tree planting specified in Condition 3below), shall be practically completed to the satisfaction of Councilwithin 6 months of the date of Development Approval:

- Amended Stormwater Management Report, 51333-1-4 Final by Fyfe PtyLtd dated 20 October 2015 and date stamped as received by Council 20October 2015

- Stability Report by Mr Trevor John of Fyfe Pty Ltd, dated 5 Sep 2014 anddate stamped as received by Council 31 Oct 2014


- Landscape Planting Plan by Outerspace Landscape Architects, DrawingNo. LP01, Sheet 1 of 1, Issue A, (including Macjute erosion controlblanket specifications) date stamped as received by Council 31 Oct2014

REASON: To ensure that any impacts on neighbouring properties andthe environment generally are minimised and rectified in a timelyfashion.

(3) As agreed in the correspondence from Mr Thomas Game of BottenLevinson dated 21 Aug 2015, the proposed new trees and shrubs shownat the base of the embankment on the Outerspace Landscape Architects,Drawing No. LP01, Sheet 1 of 1, Issue A, shall also be extendedsouthwards along the eastern boundary of the subject land to a point10m south of the southern wall of the existing rumpus room on thesubject land, to the satisfaction of Council.

REASON: To ensure the proposed development is undertaken inaccordance with the approved documentation and to minimise visualimpacts of the fill when viewed from properties to the east.

(4) Retention of Landscaping/PlantingsThe landscaping and additional plantings referred to in Conditions 2 and3 shall be retained and maintained in good health and conditions at alltimes with any dead or diseased plants being replace as necessary in thenext planting season.

REASON: To ensure stability of the embankment and visual amenity ofthe locality.

NOTES(1) Erosion Control During Construction

Management of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.


(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing of


branches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should be directedto the Native Vegetation Council Secretariat on 8303 9777. This must besought prior to Full Development Approval being granted by Council.

(5) Works in Close Proximity to BoundaryThe development herein approved involves work in close proximity to theboundary. The onus of ensuring development is in the approved positionon the correct allotment is the responsibility of the land owner/applicant.This may necessitate a survey being carried out by a licensed land surveyorprior to the work commencing.

(6) Site Contamination InvestigationsCouncil has relied on the Statutory Declarations provided in the applicationas evidence there are no known contaminants present. There can be nocomplete guarantee that contaminants are not present at significantconcentrations in some areas. Should site works or other research uncoveradditional information in relation to site contamination, persons havingbenefit of this authorisation may need to undertake further investigationsand implement appropriate remedies.

9. ATTACHMENTS1. Locality plans2. Proposal plans and details3. Stormwater report from public notification4. Public representations5. Applicant’s response to representations


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLANS

ATTACHMENT 2


ATTACHMENT 3

STORMWATER REPORT FROM PUBLIC NOTIFICATION

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5




Applicant: S J Puls Landowner: S J Puls

Agent: Damian Schultz Ward: Marble Hill WardDevelopment Application: 15/30/473 Originating Officer: Melanie Scott

Application Description: Retaining wall (maximum height 2.8m), deck constructed overwater tank, pool fence, fences (maximum height 1.8m), combined fence and retaining wall(maximum height 4.2m) & associated earthworks – VARIATION TO CONDITION 3 of theDecision Notification Form


General Location: 33 Yanagin RoadGreenhill

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Map AdHi/3

Zone/Policy Area: Hills Face Zone


Site Area: 1193 m²

Public Notice Category: Category 3

Notice published in The Advertiser on 13February 2015

Representations Received:Not applicable as variationRepresentations to be Heard:

1. EXECUTIVE SUMMARYThe application was granted Development Plan Consent at the July CDAP meetingsubject to a number of conditions. The applicant has asked Council to consider otheroptions for Condition 3. The request to have a 1.7m high frosted glass screen hasproven expensive and difficult to engineer.

Condition 3 states:Frosted Glass ScreeningFrosted glass screening along the western edge of the deck shall be a minimum heightof 1.7m for the full length of the deck and installed within three months of developmentapproval.

REASON: Buildings should be designed to not cause potential for overlooking ofadjoining properties.

Refer to previous agenda papers for the report. The 7 July 2015 CDAP report &minutes are contained as Attachment 2.

The applicant has suggested where the previous condition 3 specifically requestsfrosted glass, Council consider other materials with similar performance criteria. The1.7m height is not a standard height used for frameless screening/balustrading andengineering has been difficult to obtain, particularly to match other fencing proposed on

Council Development Assessment Panel Meeting – 3 November 2015Sally Puls15/30/473

site. The cost of framed frosted glass is considered prohibitive by the applicant and theapplicant expects certification difficulties.

Council staff have considered this request minor in accordance with Regulation 47A ofthe Development Regulations, which states in particular clause (b) in not treating therequest as a new application. As CDAP was the original decision authority andimposed the frosted glass per condition 3 the application is being returned to CDAP fordetermination and confirmation of the minor nature of the proposed change.

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the request to vary Condition 3 be REFUSED.

2. DESCRIPTION OF THE PROPOSALThe proposed modifications are the replacement of the frosted glass with any one of the

applicant’s suggested alternative materials per the applicant’s suggested performancecriteria: Design Performance Criteria

- Height, 1700-2400mm Max.- Visual Transparency 25% Maximum- Perform as a safety barrier in accordance with the Building Code of Australia andSwimming Pool barriers AS1926- Colour and Materiality: subdued colours which blend with natural features of thelandscape and have a low reflective value- Advanced Tree Planting installed between the screen and boundary fence to provideadditional long term screening

Council staff consider assessment of any proposed or installed alternative materialagainst this criteria would be inexact and difficult to enforce, and if Council were to adoptthe above as a condition it would fail the first principle of any condition, that it must beenforceable.

That said the alternative finishes suggested are: Vertical Timber batten screen (see attachment image 1) -Aluminium Vertical Louvre Blade Balcony Screen (see attachment image 2) Rusted or painted laser cut steel and perforated steel screen (see attachment

image 3) Frosted Polycarbonate (see attachment image 7) And/or combinations of the above.

Each of the options has been detailed with costings and photographic representations.The applicant has stated “Ultimately we require a cheaper solution to satisfy the 3 monthcondition using basic framing and corrugated polycarbonate or acrylic. Ultimately ourpreferred solution is a combination laser cut steel screen with combination of perforatedsheet / timber / acrylic. The latter option will take longer than 3 months to resolve.” And ishappy to discuss options.

Refer Attachment 3 for correspondence and photos regarding amendments.

Council Development Assessment Panel Meeting – 3 November 2015Sally Puls15/30/473

The amended Condition 3 could be:

Option 1ScreeningScreening along the western edge of the deck shall be a minimum height of 1.7m for thefull length of the deck and installed within three months of development approval andshall meet the following design performance criteria:

- Height, 1700-2400mm Max.- Visual Transparency 25% Maximum- Perform as a safety barrier in accordance with the Building Code of Australia andSwimming Pool barriers AS1926- Colour and Materiality: subdued colours which blend with natural features of thelandscape and have a low reflective value


Or insert the chosen material, an example of which is shown below:

Option2ScreeningVertical timber batten screening along the western edge of the deck shall be aminimum height of 1.7m for the full length of the deck and installed within three monthsof development approval


3. SUMMARY & CONCLUSION

The applicant has offered an alternative condition and a number of alternative materials. It isconsidered the proposed amendments are not in accordance with the CDAP original intent forthe original condition.

4. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposedamendments are not in accordance with the CDAP intent of the original condition. Stafftherefore recommend that CDAP refuse to accept the minor amendment to the previousapproval.

4. ATTACHMENTS1. Locality Plan2. 7 July 2015 CDAP Report & Minutes3. Correspondence and Attachments


___________________________ _______________________________

Melanie Scott Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

7 JULY 2015CDAP REPORT AND MINUTES

ATTACHMENT 3

CORRESPONDENCE AND ATTACHMENTS



Applicant: Planning Aspects Pty Ltd Landowner: 65 Mount Barker Road Pty Ltd

Agent: Shanti Ditter Ward: Mount LoftyDevelopment Application: 14/1045/473 Originating Officer: Vanessa Nixon

Application Description: Redevelopment of existing petrol filling station includingcarwash, cafe, carparking, retaining walls, fencing and signage

Subject Land: Lot:85 Sec: P46FP:158331 CT:5381/531Subject Land: Lot:95 Sec: P46FP:158341 CT:5381/527Subject Land: Lot:84 Sec: P46FP:158330 CT:5381/526

General Location: 65 Mount Barker RoadStirling

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9January 2014Maps AdHi/28 & 72

Zone/Policy Area: District Centre Zone -Stirling Core Policy Area


Site Area: 2000m²

Public Notice Category: Category 2 Merit Representations Received: 4

Representations to be Heard: 3 heardpreviously

1. EXECUTIVE SUMMARYThe purpose of this application is to develop the existing (inactive) service station,vehicle workshop and associated shop. The proposed redevelopment includes operatinghours from 6 am to midnight, 7 days a week, carwash, cafe, car parking, retaining walls,fencing and signage.

The application was again submitted to the Council Development Assessment Panel(CDAP) at its meeting of 6 October 2015 and the CDAP resolved as follows:

That the Council Development Assessment Panel DEFERS consideration ofDevelopment Application 14/1045/473 by Planning Aspects Pty Ltd for Redevelopment ofexisting petrol filling station including carwash, cafe, car parking, retaining walls, fencingand signage at 65 Mount Barker Road, Stirling to enable:

(1) Further consideration by the applicant of the following:

a. Revision of the angle and height of the roof of the retail store toaddress the desired future character statement for the DistrictCentre Zone namely:

“Buildings with road frontages should be “stepped” with thetopography rather than being “benched” into slopes. The built form

Council Development Assessment Panel Meeting – 3 November 2015Planning Aspects14/1045/473

should give the appearance of small-scale, discrete buildings withforms complementary to existing roof shapes, materials, colours, doorand window shapes, and building heights to provide visuallyconsistent streetscapes, and introduce a few distinctive designelements to avoid excessive repetition. Architectural styles may bemixed as long as the design themes remain complementary”.

Objective 4: Development that contributes positively to thedesired character of the zone.

PDC 13: The architectural style and design of buildingsshould improve and enhance the character andamenity of the centre.

b. The re-orientation of the fuel bowsers and canopy to enable efficientcirculation of vehicles to and from the site.

c. Details of the type and extent of the proposed green wall system tobe provided at the rear of the retail store; and

(2) Council planning staff to obtain a Council traffic management reportrelated to a comparison of past and present traffic movements at theroundabout and adjacent roads.

Please refer to previous agenda papers for the report and attachments. The previousCDAP minutes are contained in Attachment 2.Following the above resolution, the applicant has advised that they do not intend to makefurther design alterations. The applicant has requested a decision be made on the currentamended plans and details as presented to CDAP on 6 October 2015 (refer Attachment3).

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

2. COUNCIL ENGINEERING TRAFFIC RESPONSES

The Council’s engineering department has engaged Greenhill Australia to undertake areview of the traffic impacts as per the CDAP deferral motion.

A comparison of traffic movements indicates a general trend in the increase in trafficflows within the area. However the increase in traffic is relatively low for Mt Barker Road(1.1% over 8 years), Merrion Terrace (7.9% over 3 years) and Johnston Street (6.1%over 5 years). Therefore forecast traffic movements will have increased marginally by2025.

They have concluded that the proposed layout will improve considerably compared to thecurrent layout. However, they note that the access and entry points have not beenseparated to provide an entry and an exit point. This could pose issues with trafficmovements in and out of the facility within the same access point.


In summary the proposal is acceptable in relation to potential traffic movement increasesand the circulation within the site.

A copy of the referral response is included as Attachment 4 and the traffic consultantreport is included as Attachment 5.

3. SUMMARY & CONCLUSIONThe proposal for the redevelopment of the site is considered suitable in terms of amenity,land use, noise, traffic and access. Overall, the development is considered a suitableresponse to the constraints of the land and the locality.The carwash and vacuum bays have the potential to cause noise nuisance before 7amand after 10pm. A condition restricting their use in these times is considered appropriate.The building has been setback further from the rear boundary and is consideredacceptable given the constraints of the site. This further setback also assists inminimising impacts to the rear neighbour. Traffic and carparking movements areconsidered adequate with the installation of the solid central median on Mount BarkerRoad.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

4. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 14/1045/473 by Planning Aspects Pty Ltd forRedevelopment of existing petrol filling station including carwash, cafe,carparking, retaining walls, fencing and signage at 65 Mount Barker Road,Stirling subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- plans received by the Council on 24 September 2015- Planning Aspects correspondence received by the Council on 24- September 2015- Planning Aspects report received by the Council on 11 March 2015- Resonate Acoustic report received by the Council on 11 March 2015- PT Design stormwater management plan received by the Council on

13 March 2015- Frank Siow traffic report received by the Council on 19 December

2014- Planning Aspects response to representations received by the

Council on 15 April 2015


- LBW environmental projects Construction EnvironmentManagement Plan (CEMP) Revision 1 dated 9 July 2015 and receivedby the Council on 12 July 2015

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.

(2) External MaterialsThe external finishes to the building herein approved shall be as follows:

Main building walls: pre-cast concrete wall panelling systemwith am/pm corporate colours withcolorbond ® surfmist roofing

The wall on the rear boundary between the subject land and 6Merrion Terrace shall be painted a colourto match the natural surrounds

Canopy: BP corporate colours

Carwash: cladding to match main building

REASON: The external materials of buildings shall be in accordance with theapproved plans.

(3) External LightingAll external lighting shall be directed away from residential developmentand shielded if necessary to prevent light spill causing nuisance to theoccupiers of those residential properties. The outdoor area shall havedirectional “bunker” lighting.

REASON: Lighting shall not detrimentally affect the residential amenity of thelocality.

LANDSCAPING

(4) Prior to Building Rules Consent Being Granted - Requirement ForLandscaping Plan In Accordance With Table AdHi/6Prior to Building Rules Consent being granted a detailed landscaping planfor the land, including the area between the rear boundary and the building,as well as the Merrion Terrace road verge directly adjoining the site,prepared by a suitably qualified and experienced Landscape Designer shallbe provided to Council’s satisfaction. The landscaping detailed in the planshall be selected from Table AdHi/6 of the Adelaide Hills CouncilDevelopment Plan.

REASON: To maintain and enhance the visual amenity of the locality in whichthe subject land is situated and ensure replanting of selectedspecies takes place.


(5) Landscaping planted prior to occupationLandscaping detailed in the plan shall be shall be planted prior tooccupation of the approved development and maintained in good healthand condition at all times. Any such vegetation shall be replaced if andwhen it dies or becomes seriously diseased in the next planting season.


(6) Road verge landscapingLandscaping on the Merrion Terrace road verge shall be installed asfollows:

o garden areas shall be prepared by ripping existing soil to at least 200mmdeep, and installing minimum 200mm of approved site topsoil (or premiumimported topsoil), permanent drip irrigation and durable mulch.

o gardens shall be maintained neat and tidy by the applicant with replantingand re-mulching as necessary. Irrigation shall extend under the cantileverdeck area to provide water for the existing root zone of the adjacent maturetree.

REASON: To maintain and enhance the visual amenity of the locality in whichthe subject land is situated and ensure the survival and maintenanceof the vegetation including the existing tree.

(7) Watering system installationPermanent drip irrigation shall be installed in the landscaping areas prior tooccupation of the approved development.


(8) Installation of footpath on Merrion TerraceThe two sections of footpath adjacent the subject land as shown on the siteplan shall be installed prior to occupation. The footpath shall be designedand installed in accordance with Council requirements.

REASON: To provide safe and convenient access to pedestrians.

HOURS(9) Operating Hours of the petrol station and cafe

Operating hours of the hereby approved petrol station and café shall be asfollows:Monday to Sunday 6am to midnight

REASON: To ensure that the development is undertaken in accordance withthe approved plans


(10) Operating Hours of the carwash and vacuum baysOperating hours of the hereby approved carwash and vacuum bays shallbe as follows:Monday to Sunday 7am to 10pm

REASON: To ensure that the development is undertaken in accordance withthe approved plans.

(11) Fuel DeliveriesDeliveries of fuel to the subject site shall be carried out outside of peaktraffic and trading periods and shall not occur before 9 am or after 7 pm onSundays and public holidays and not before 7am or after 7pm on otherdays.


(12) Hours of waste collectionAll waste shall be removed from the subject land at least once weekly.Collection of waste shall be carried out only between the hours of 7am to7pm Monday to Saturday and 9am to 7pm on Sundays and public holidays.


(13) Automatic doors on carwashThe automatically closing front and rear doors of the carwash as detailedin the Resonate report shall be installed prior to occupation.


SIGNAGE(14) Signage Lighting Hours

The lighting for the signs shall be switched off at midnight each day andshall not be switched on before 6am of the following day.

REASON: Advertisements shall not detrimentally affect the amenity of thelocality.

(15) Signage Kept In Good RepairThe signs shall at all times be kept in good repair and condition.


(16) Overhanging of signageNo portion of the signs shall overhang the Council footpath/road reserve.

REASON: Advertisements shall not create a hazard to the public.


CARPARKING(17) Bitumen/brick paved carparking Designed In Accordance With Australian

Standard AS 2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructed ofbitumen, concrete or brick paved prior to occupation and maintained ingood condition at all times to the reasonable satisfaction of the Council.

REASON: To provide adequate, safe and efficient off-street parking for usersof the development.

(18) Landscaping Protection In CarparksAll landscaped areas and structures adjacent to driveways and parkingareas shall be separated by kerbing prior to the occupation of thedevelopment. Such devices shall not impede the free movement of peoplewith disabilities.

REASON: To protect the landscaping and adjacent structures from vehiculardamage.

(19) Car Parking Directional SignageDirectional signs indicating the location of car parking spaces shall beprovided on the subject land and maintained in a clear and legiblecondition at all times.

REASON: To identify the location of off-street parking and ensure the free flowof traffic.

(20) Unloading And Storage Of Materials And GoodsAll materials and goods shall at all times be loaded and unloaded withinthe confines of the subject land. Materials and goods shall not be storedon the land in areas delineated for use for car parking.

REASON: To provide safe and efficient movement of people and goods.

(21) Stormwater ManagementStormwater management shall be in accordance with the PT Design reportsubmitted to the Council on 13 March 2015. Stormwater discharge toMerrion Terrace: After passing through appropriate treatment as detailedon pages 23/24 of the PT Design report, the 150mm stormwater pipeworkshall discharge at the new kerbing on Merrion Terrace via a small side entrypit or similar as approved by the Council.

REASON: To protect PVC pipe ends from damage from vehicles and to allowwater to dissipate energy before entering normal gutter flow water


(22) CEMPConstruction shall be in accordance with the CEMP submitted to theCouncil on 12 July 2015. The pollutant and oil trap shall be installed priorto occupation of the site.

REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.

WASTE(23) Removal Of Solid Waste

All solid waste including food, leaves, papers, cartons, boxes and scrapmaterial of any kind shall be stored in a closed container having a closefitting lid. The container shall be stored in a screened area so that is it notvisible to public view from Mount Barker Road and Merrion Terrace. Suchcontainers shall be covered at all times to prevent the entry of stormwateror wind dispersal, be sealed to prevent leakage and shall not be used forthe storage of toxic materials, chemicals, solvents, any liquids or sludgesand shall be located on hard stand areas.


DPTI CONDITIONS(24) Solid Median installation

A solid central median shall be installed on Mount Barker Road, extendingfrom the existing island east for a distance of at least 15m, in order torestrict access to a left turn in and left turn out basis.

The installation of the solid central median on Mount Barker Road shall bedesigned and constructed to the satisfaction of DPTI prior to the newservice station becoming operational, with all costs associated with theroad works (including but not limited to, project management and anynecessary road lighting/drainage upgrades) being borne by the applicant.The applicant shall enter into an agreement with DPTI regarding theseworks and is required to contact DPTI, Traffic Operations, A/Project LiaisonEngineer, Ms Christina Canatselis via 8226 8262, 0401 120 490 [email protected] prior to undertaking any design.

REASON: To reduce interference with the free flow of traffic on adjoiningroads.

(25) Entry and ExitAll vehicles shall enter and exit the site in a forward direction


(26) Restriction on length of delivery vehiclesDelivery vehicles to the development site shall be restricted to a maximumlength of 17 metres.


REASON: To maintain safe and convenient movement of vehicles

(27) All servicing of the site by heavy vehicles shall be undertaken outside ofthe peak trading periods and peak traffic periods (before 7.30 am and after6.30 pm) in order to minimise the potential for vehicular conflict.


(28) Illumination of signageAll signs visible from Mount Barker Road shall not contain any element ofLED or LCD display. All illuminated signage visible from Mount Barker Roadshall be limited to a low level of illumination.


(29) Static signageAll signage upon the site visible from Mount Barker Road shall be static atall times. No element of the signage shall flash, scroll, move or change.


(30) Electronic signageThe operational system for any electronic signage on the site shallincorporate an automatic error detection system which will turn the displayoff or to a blank, black screen should the screen or system malfunction.


(31) Low reflectivity signageNon-illuminated signage shall be finished in a material of low reflectivity tominimise the likelihood of sun/headlamp glare.


(32) Trailer Mounted Variable Message DisplaysThe utilisation of Trailer Mounted Variable Message Displays for advertisingpurposes shall not be permitted on or adjacent to the subject land.


(33) Stormwater dischargeNo stormwater from this development shall be permitted to discharge on-surface to the adjacent roads. In addition, any existing drainage of theroads is to be accommodated in the development and any alterations toroad drainage infrastructure as a result of this development are to be at theexpense of the applicant.


REASON: To ensure safe access and egress to the site and to maintain thefree flow of traffic.

EPA CONDITIONS(34) Site contamination

The development shall be undertaken in accordance with the ConstructionEnvironmental Management Plan which includes the removal and disposalof Underground Storage Tanks (USTs) in accordance with the relevantstandards and guidelines.

REASON: Development should not detrimentally affect the amenity of thelocality or cause nuisance by reason of emission of noise, vibration,odour, fumes or dust.

(35) Site contamination consultantA suitably qualified and experienced site contamination consultant shall beengaged by the applicant to implement the CEMP and to manage anddispose of contaminated soil in accordance with EPA and other relevantguidelines.

Prior to backfilling or replacement of the USS, the consultant shall validatethe UST excavation pits in accordance with the National EnvironmentProtection (Assessment of Site Contamination) Measure 1999 and otherEPA guidelines.


(36) Residual contamination risk statementWithin two months of completion of the works, a definitive statement shallbe provided to the Council stating that the site is suitable for use and that aresidual contamination does not pose unacceptable risks to human healthor the environment taking into account the land use, or harm to water thatis not trivial. The definitive statement shall be in the form of anenvironmental assessment report prepared by environmental consultantsin accordance with the National Environment Protection (Assessment ofSite Contamination) Measure (NEMP) and relevant EPA guidelines and shallinclude documentation of remediation works and validation results of theUST excavation.


(37) Fuel storage tanksAll fuel storage tanks (apart from diesel and LPG) shall be fitted with astage 1 vapour recovery system (which includes the underground storagetank vent pipes being fitted with a pressure vacuum relief valve) that directsthe displaced vapours back into the tanker during filling.



(38) Underground fuel tanksThe underground fuel tanks shall be double-walled fibreglass tanks and thespace between the walls filled with a gel that is monitored for any changesin colour. Any changes in colour shall be promptly investigated.


(39) Pressure leak detectionAll fuel lines between the tanks and dispensers shall be fitted with pressureleak detection sensors. In the event of product loss, the lines shall losepressure and immediately signal an alarm.


(40) Hard surface above in-ground tanksFollowing the installation of the in-ground fuel tanks, all trafficked areasshall be hard surfaced using either bitumen, concrete or other imperviousmaterial with crossover grates


(41) Puraceptor separatorAll stormwater runoff (including under the canopy and crossover gratings)shall be directed to the SPEL Puraceptor Class 1 Full Retention Separator(with an audible and visual alarm to signal when the SPEL Puraceptorrequires servicing) prior to discharge to the council stormwater system


(42) Removal of residueAny sludge and oily residue collected within the SPEL Puraceptor Class 1Full Retention Separator is considered waste and shall be removed by anEPA licensed waste transporter to a licensed waste depot authorised toreceive such waste.

REASON: To ensure compliance with EPA requirements.


(43) Establishment Of Tree Protection AreaPrior to the commencement of any work on site appropriate measures shallbe taken to protect the adjacent trees. In particular, the area in which thetree’s branches and roots are located shall be protected by the erection of asecure fence. The fencing shall:(a) consist of a 2.0 metre high solid, chain mesh, steel or similar

fabrication with posts at 3m intervals.(b) incorporate on all sides a clearly legible sign displaying the words

“Tree Protection Area”; and(c) not be erected closer to the tree than a distance equal to half of the

height of the tree or the full width of the branch spread (whichever islesser).

REASON: To protect adjacent screening vegetation from the impact of thedevelopment.



(2) EPA Environmental DutyThe applicant is reminded of its general environmental duty, as required bySection 25 of the Environment Protection Act 1993, to take all reasonableand practical measures to ensure that the activities on the whole site,including during construction, do not pollute the environment in a waywhich may cause environmental harm.

(3) Works On BoundaryThe development herein approved involves work on the boundary. Theonus of ensuring development is in the approved position on the correctallotment is the responsibility of the land owner/applicant. This maynecessitate a survey being carried out by a licensed land surveyor prior tothe work commencing.

(4) Site contaminationIf, in carry out the activity, contamination is identified which poses actualor potential harm to the health or safety of human beings or theenvironment that is not trivial (taking the land use into account) theapplicant may need to remediate the contamination in accordance with EPAguidelines.


(5) Site contamination to waterIf, at any stage, contamination is identified which poses actual or potentialharm to water that is not trivial, a notification of contamination whichaffects or threatens groundwater (pursuant to Section 83A of theEnvironment Protection Act 1993) must be submitted to the EPA.

(6) On-going monitoring of wellsThe site is currently subject to on-going monitoring. The applicant shouldliaise with VIVA Energy prior to site development to identify where on-sitewells may be damaged by site development works and arrange for theappropriate decommissioning of on-site wells. Any off-site wells should beprotected from damage and are to remain in place.

(7) EPA information sheetsEPA information sheets, guidelines, documents, codes of practice,technical bulletins etc can be accessed on the following website:http://www.epa.sa.gov.au

(8) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. It isthe responsibility of the owner of other person operating the food businessfrom the building to ensure compliance with the relevant legislation beforeopening the food business on the site.

(9) Food Handling NotificationFood business notification must be provided prior to commencing any food(or consumable product) handling activities. This may be provided on-lineat www.fbn.sa.gov.au or by obtaining a notification form from Adelaide HillsCouncil.

(10) DPTI note regarding Road Widening PlanThe site is subject to a possible requirement under the MetropolitanAdelaide Road Widening Plan for a 4.5 m x 4.5 m corner cut-off at the MountBarker Road/Merrion Terrace corner. The consent of the Commissioner ofHighways is required under the Metropolitan Road Widening Plan Act for allnew building works located on or within 6m of the possible requirement.The applicant should fill out the consent form and forward to DPTI togetherwith three copies of the approved plans.


9. ATTACHMENTS1. Locality Plan2. October CDAP Minutes3. Applicant’s response to deferral4. Council Engineering Report5. Traffic Consultant Report


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Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services

council development assessment panel meeting 3 … · 11/3/2015 · council development assessment...

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