council development assessment panel minutes of meeting ... cdap 1 july 2014.… · council...

COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 JULY 2014

63 MT BARKER ROAD, STIRLING

Presiding Member 5 August 2014

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Present

Presiding MemberStephen Hains

MembersLinda GreenJohn KempJan LovedayAlistair McHenryDr Wendy Stubbs

In Attendance

Marc SalverDeryn AtkinsonTom VictoryMelanie ScottSandra FawcettMarie MolinaroKaren Savage

Director Strategy & DevelopmentManager Development Services

Senior Statutory PlannerStatutory PlannerStatutory PlannerStatutory PlannerMinute Secretary

1. CommencementThe meeting commenced at 6.05pm

2. Apologies/Leave of Absence

2.1 Apologies

Moved Wendy Stubbs Carried unanimouslyS/- Linda Green (49)

That the apology from Daniel Bennett for unavoidable absence be accepted andleave of absence from the meeting granted.

2.2 Leave of AbsenceNil




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3. Previous Minutes

3.1 Meeting held 3 June 2014

Moved Jan Loveday Carried unanimouslyS/- Linda Green (50)

That the minutes of the meeting held on 3 June 2014 be confirmed as anaccurate record of the proceedings of that meeting.

4. Delegation of AuthorityDecisions of this Panel were determined under delegated authority as adopted byCouncil on 8 October 2013.

5. Presiding Member’s ReportThe Expert Panel’s interim report on the Planning Reform project will be circulatedtowards the end of July. There will be an opportunity for further public comment beforethe report is finalised by the end of December with recommended changes to thelegislation.

The Presiding Member also advised that he has given notice to step down asPresiding Member of the City of Charles Sturt Development Assessment Panel due toother work commitments.

6. Declaration of Interest by Members of PanelNil

7. Matters Lying on the Table/Matters Deferred

7.1 Matters Lying on the TableNil

7.2 Matters Deferred

7.2.1 Development Application 12/871/473 by Fassina Investments Pty Ltd foralterations and additions to existing hotel including bottle shop, functionroom, relocation of gaming room, increase to dining area, new outdoordining area, upgrade of rear car park with access over right of way at Lot95 Greenhill Road, Uraidla, landscaping, demolition of outbuilding andwater storage tank at 1198 Greenhill Road, Uraidla

Deferred from meeting 6 August 2013

“That a decision on the matter be deferred to request the applicant to:

1. Demonstrate that approval has been obtained from the owner of the right ofway (Lot 95) to do work within the right of way to upgrade the access;




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2. Consider alternate primary access through the squash court property forboth deliveries and car park access;

3. Reconsider retention and reuse of the old Blacksmith Shop; and4. Obtain specific arborist advice regarding construction of the roadway over

the critical root zone of the four (4) sequoia trees”.

Refer Item 8.5 of these Minutes.

8. Development Assessment Applications

The Panel remained in ‘open’ session to hear the staff presentations, representationsand applicants’ responses for all the applications.

8:05pm The Panel went into ‘closed’ session in order to allow for discussion and determinationof all the applications and adjourned for a short break

8:12pm The Panel resumed in ‘closed’ session

8.1 Development Application13/887/473 by Deviation Road Wines for alterations andadditions to existing cellar door, including deck (maximum height 2.4m) andvariation to capacity and hours of operation at 187-207 Scott Creek Road,Longwood

8.1.1 Representations

Name of Representor Address ofRepresentor

Nominated Speaker

Joan Matthews 43 Walker AvenueHeathfield

Personally

The applicant’s representatives, Emma Barnes (Planning Studio) and HamishLaurie, addressed the Panel.

8.1.2 Decision of Panel

The following was adopted by consensus of all members (51)

That the Council Development Assessment Panel DEFERS considerationof Development Application 13/887/473 by Deviation Road Wines forAlterations and additions to existing cellar door, including deck(maximum height 2.4m) and variation to capacity and hours of operationat 187 & 207 Scott Creek Road, Longwood 5153 to enable staff to redraft:

1. The conditions of approval in relation to the hours of operation for thecellar door, functions and events; and




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2. An advisory note to the applicant to work with the CFS to prepare aBushfire Action Plan for the site, giving consideration to the matter oftraffic egress from the site and Walker Avenue.

8.2 Development Application 13/954/473 by Medallion Homes Pty Ltd for additionsto existing tourist accommodation for 14 persons and associated day spa at 72& 74 Mount Lofty Summit Road, Crafers

8.2.1 Representations

Name of Representor Address ofRepresentor

Nominated Speaker

Lucy & Andrew Price 91 Mt Lofty Summit RdCrafers

Andrew Price

The applicant’s representatives, Simon Cross (Medallion Homes) and CraigDodd (General Manager Mt Lofty House), addressed the Panel.



That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 13/954/473 by Medallion HomesPty Ltd for additions to existing tourist accommodation for 14 persons &associated day spa at 72 & 74 Mount Lofty Summit Road, Crafers subjectto the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition: Outhred English report received by the Council on 7 November

2013 Cube Architects plans and details received by the Council on 10

January 2014 Outhred English response to representations received by the

Council on 14 February 2014 SA Water letter received by the Council on 6 June 2014

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




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(2) External FinishesThe external finishes to the building herein approved shall be asfollows: Sandstone cladding, neutral beige render, charcoal colorbond ©

and glass balustrades

REASON: The external materials of buildings should havesurfaces which are of a low light-reflective nature and blend with thenatural rural landscape and minimise visual intrusion.

(3) Local Heritage requirements The roofing shall be corrugated steel sheet in profile and mid-

dark grey in colour (to repeat detailing common to the period ofsignificance of the place and to be of a ‘muted’ colour).

Stone walling shall be laid in an ashlar pattern, not a randompattern – to appear as dressed sandstone walling, reflecting thetraditional method of construction of walling on site – reducingthe visual impact of the proposed units on the garden setting ofthe place.

Glazing facing east should be ‘non-reflective’ – to reduce visualdistraction when viewing Mt Lofty house from the valley below.

REASON: To minimise the visual impact of the proposal on thelocal heritage listed building.

(4) Commercial LightingFlood lighting shall be restricted to that necessary for securitypurposes only and shall be directed and shielded in such a manneras to not cause nuisance to adjacent properties.

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

(5) Maximum Number of Guests for Tourist AccommodationThe tourist accommodation units approved in this application shallaccommodate a maximum number of 14 guests at any given time.

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

(6) 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 directionalarrows shall be clearly visible and maintained in good condition atall times. Driveways, vehicle manoeuvring and parking areas shall beconstructed prior to occupation and maintained in good condition atall times to the reasonable satisfaction of the Council.




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REASON: To provide adequate, safe and efficient off-streetparking for users of the development.

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

REASON: To identify the location of off-street parking andensure the free flow of traffic.

(8) Prior to Building Rules Consent Being Granted – Requirement forConfirmation of Finished Floor LevelPrior to Building Rules Consent being granted, the applicant shallprovide an elevation drawing confirming that the finished floor levelof the development herein approved will be approximately 100-200mm above the existing bench level.

REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated.

(9) Prior to Building Rules Consent Being Granted – Requirement forLandscaping PlanPrior to Building Rules Consent being granted, a detailedlandscaping plan prepared by a suitably qualified professional shallbe prepared to Council’s satisfaction. Landscaping detailed in theplan shall be of suitable endemic species to the locality and shall beplanted in the planting season following Development Approval andmaintained in good health and condition at all times. Any suchvegetation shall be replaced if and when it dies or becomesseriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure the survivaland maintenance of the vegetation.

(10) Prior to Building Rules Consent Being Granted - Requirement forSoil Erosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shallprepare and submit to Council a Soil Erosion and DrainageManagement Plan (SEDMP) for the site for Council’s approval. TheSEDMP shall comprise: a major drainage plan, a site plan, supporting report, calculations, design sketches with details of erosion control methods that will

prevent:




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a. soil moving off the site during periods of rainfall and detailinstallation of sediment collection devices to prevent the exportand sediment 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 implementedprior to 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.

(11) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shallbe treated on-site to the satisfaction of Council using designtechniques such as:

Rainwater tanks Grassed swales Stone filled trenches Small infiltration basins

Stormwater overflow management shall be designed so as to notpermit trespass into the effluent disposal area. Stormwater shouldbe managed on site with no stormwater to trespass onto adjoiningproperties.

REASON: To minimise erosion, protect the environment and toensure no ponding of stormwater resulting from developmentoccurs on adjacent sites.

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 anappeal has been commenced the date on which it is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the DPC, or a fresh development application will berequired. The twelve (12) month time period may be further extendedby Council agreement following written request and payment of therelevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.




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(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother 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.This must be sought prior to Full Development Approval beinggranted by Council.

(5) Sewer ConnectionThe units shall be connected to SA Water mains sewer supply inaccordance with the approval granted by SA Water. All work shall beto the satisfaction of SA Water.

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

(7) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any wayimply compliance with the Food Act SA 2001 and/or Food SafetyStandards. It is the responsibility of the owner of other personoperating the food business from the building to ensure compliancewith the relevant legislation before opening the food business onthe site.

(8) Building Fire Safety mattersThe outstanding matters relating to Building Fire Safety for the siteshall be addressed via a separate development application.




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8.3 Development Application 14/218/473 by Drew Edwards for single storey splitlevel dwelling with 2 decks (maximum height 3.5m), 2 x water storage tanks(30,000 litre), retaining walls & associated earthworks and free standing carport,and the removal of 1 significant tree (Eucalyptus viminalis – Manna Gum) (non-complying) at 767 Greenhill Road, Greenhill

8.3.1 RepresentationsNil

The applicant, Drew Edwards was invited to answer questions from the Panel.


Moved Linda Green CarriedS/- Jan Loveday (53)

That the Council Development Assessment Panel considers the proposalis not seriously at variance with the relevant provisions of the AdelaideHills Council Development Plan and seeks the CONCURRENCE of theDevelopment Assessment Commission to GRANT Development PlanConsent to Development Application 473/218/2014 by D Edwards for asplit level detached dwelling with two decks (maximum height 3.2m)rainwater tanks (2 x 30,000 litre) retaining walls (maximum height 1m),clearance of native vegetation including the removal of one significant(Eucalyptus viminalis, Manna Gum) and free standing carport includingassociated earthworks (non-complying) at 767 Greenhill RoadGREENHILL, subject to the following conditions:

(1) Development In Accordance with the PlansThe development herein approved shall be undertaken inaccordance with the following plans and written submissionsaccompanying the application, unless varied by a separatecondition: Amended Plans dated 4/06/2014, prepared by Drew Edwards

Developments stamped as received by Council on 5 June 2014 Statement of Effect by PBA Consultants dated May 2012 as

received by Council on 15 May 2012 Email dated 4 June 2014 (AHC Ref: IC14/9107) from CFS

amending CFS Ref: letgt13455adp dated 3 March 2014 to acceptamended plan Issue N Sheet 01a dated 4 June 2014.


(2) External FinishesThe external finishes to the building herein approved shall be asfollows:ROOF: Colorbond Windspray or equivalent Grey




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WALLS: Rendered walls - to match Colorbond "Dune" and MiniOrb Colorbond Dune or equivalent

REASON: The external materials of buildings should havesurfaces which are of a low light-reflective nature and blend with thenatural rural landscape and minimise visual intrusion.

(3) Treatment to Excavations And FillAll exposed excavations and fill shall be:a) rounded off and battered to match and blend with the natural

contours of the land;b) covered with approximately 100mm of topsoil;c) seeded to avoid erosion and visual concerns; andd) screened with trees, shrubs and ground covers

prior to occupation of the approved development to the reasonablesatisfaction of Council.

REASON: To maintain the visual amenity of the locality in whichthe subject land is located.

(4) Prior to Building Rules Consent Being Granted - Requirement forSoil Erosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shallprepare and submit to Council a Soil Erosion and DrainageManagement Plan (SEDMP) for the site for Council’s approval. TheSEDMP 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 exportand sediment 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 implementedprior to construction commencing and maintained to the reasonablesatisfaction of Council during the construction period.





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(5) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved mustbe directed to an on-site stormwater detention tank within onemonth of the roof cladding being installed. The tank(s) shall have acapacity to contain a 1 in 20 year storm event.

Overflow from rainwater tanks is to be treated on site to thesatisfaction of Council using design techniques such as:

Grassed swales Stone filled trenches Small infiltration basins

Stormwater overflow management shall be designed so as to nopermit trespass into the effluent disposal area. Stormwater shouldbe managed on site with no stormwater to trespass onto adjoiningproperties or roadway.

REASON: To minimise erosion, protect the environment and toensure no ponding of stormwater resulting from developmentoccurs on adjacent sites or roadway.

(6) Soil Erosion ControlDuring the construction of the approved development hay bales (orother soil erosion control methods as approved by Council) shall beplaced above and below all sites to be excavated and maintained forthe entire duration of all building work, including all earthworksassociated with effluent disposal area to prevent soil moving off thesite during periods of rainfall.


(7) CFS Conditions To Be Completed Prior to OccupationThat the Country Fire Service Bushfire Protection Conditions as setout in correspondence reference number let4193gt2186adp 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 lifeand property.

(8) CFS – Access Requirements – New RoadsPrivate roads and access tracks shall provide safe and convenientaccess/egress for bushfire fighting vehicles as follows: Access to the building site shall be of all-weather construction,

with a minimum formed road surface width of 3 metres and mustallow forward entry and exit for large bushfire fighting vehicles.

The all-weather road is to be constructed such that it is protectedfrom water erosion of the traffic surface. The road surface shall




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be profiled to manage storm water runoff to appropriate drains,at one or both sides of the traffic surface.

The accumulated volumes of water shall be directed via:a) open drains, orb) culverts and pipes under the traffic surface and/or away from

same, without causing further soil erosion, silting of adjacentareas of watercourses or instability of any embankment orcutting.

All dead-end roads shall be constructed to allow large bushfirefighting vehicles to turn around with safety by use of either:- a turnaround area with a minimum formed road surface

diameter of 25 metres, or- a “T” or “Y” shaped turn around area with minimum formed

road surface leg lengths of 11 metres and minimum insideroad radii of 8.5 metres.

All road curves shall have minimum inside road radii of 8.5metres.

The gradient of the access road shall not exceed 16 degrees(29%)

Solid crossings over waterways shall be provided to withstandthe weight of large bushfire appliances (GVW 21 tonnes).

Vegetation overhanging the access road shall be pruned toachieve a minimum vertical height clearance of 4 metres.

REASON: To provide safe access to properties in the event of abushfire.

(9) CFS VegetationLandscaping shall include Bushfire protection features that willprevent or inhibit the spread of bushfire and minimise the risk of lifeand/or damage to buildings and property: Trees and shrubs shall not be planted closer to the building(s) or

power lines than the distance equivalent to their mature height. All trees within 15 metres of the building(s) shall be removed. All shrubs/understorey plants within 10 metres of the building(s)

shall be removed. (Understorey is defined as plants and bushesup to 2m in height).

Grasses within 20 metres of the dwelling or to the propertyboundaries, whichever comes first, shall be reduced to a heightof 10cms during the Fire Danger Season.

REASON: To minimise the risks to danger of life and property inthe event of a bushfire.




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(10) CFS Water SupplyA supply of water shall be available at all times for fire-fightingpurposes: A minimum supply of 30,000 (thirty thousand) litres of water shall

be available for bushfire fighting purposes at all times. This supply shall be fitted with a fuel driven pump or an

equivalent system that operates independent of mains electricityand is capable of pressurising the water for bushfire fightingpurposes.

The pump and flexible connections to the water supply shall beprotected from the impact of fire by a suitably ventilated, non-flammable cover (metal or masonry material).

The diameter of all fittings and flexible reinforced suction hoseconnecting the bushfire water supply to the fuel driven pumpshall be no smaller than the diameter of the pump inlet valve.

The bushfire fighting pump shall be located:- At or adjacent to the dwelling to ensure occupants safety

when operating the pump during a bushfire. NB: An "Operations Instruction Procedure" shall be

located with the pump control panel. The bushfire fighting water supply shall be clearly identified and

fitted with an outlet of at least 50mm diameter terminating with afire service 64mm male London round thread adaptor which shallbe accessible to bushfire fighting vehicles at all times.

All water tanks used as a dedicated water supply for bushfirefighting shall be made of non-combustible material.

All non-metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least300mm below finished ground level.

A ground-based bushfire sprinkler system shall be above groundand installed to provide an unbroken band of wet vegetationsurrounding the buildings. All above ground bushfire water supply pipes and

sprinkler heads shall be metal. 2 Hoses (minimum 19mm [34] internal diameter) and metal, spray

jet nozzles capable of withstanding the pressures of the suppliedwater and of sufficient length to reach all parts of the buildingshall be readily accessible at all times.

The hoses and water connection points (taps) shall be located ator adjacent to the dwelling to ensure occupants safety whenusing the hoses during a bushfire.





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(11) CFS Prior to OccupationBushfire prevention and safety requirements shall be completedprior to occupancy of the building(s).The buildings shall incorporate the construction requirements forbuildings in Bushfire Prone areas in accordance with the BuildingCode of Australia, South Australian Housing Code and AustralianStandard TM3959 (AS3959) "Construction of Buildings in BushfireProne Areas".


(12) Prior to Building Rules Consent being GrantedPrior to Building Rules Consent being granted, a detailedlandscaping plan prepared by a suitably qualified professional, shallbe prepared to Council’s satisfaction. Landscaping detailed in theplan shall be of suitable endemic species to the locality and shall beplanted in the planting season following Development Approval andmaintained in good health and condition at all times. Any suchvegetation shall be replaced if and when it dies or becomesseriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure the survivaland maintenance of the vegetation.

(13) Prior to Building Rules Consent being GrantedPrior to Building Rules consent being granted a current copy ofconsent issued by the Native Vegetation Council for the clearance ofnative vegetation shall be provided to Council in association with thecurrent proposed development.

REASON: To ensure vegetation clearance is in accordance withall approvals and permits issued by the Native Vegetation Council.

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 appealhas been commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the Development Plan Consent, or a freshdevelopment application will be required. The twelve (12) monthperiod may be further extended by written request to, and approvalby Council. Application for an extension is subject to payment of therelevant fee.




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(2) CFS Bushfire Attack LevelCompliance with the fire protection requirements is not a guaranteethe dwelling will not burn, but its intent is to provide a ‘refuge’ fromthe approach, impact and passing bushfire.

The Bushfire Hazard for the area has been assessed as BAL 19.

The building shall incorporate the construction requirements forbuildings in Bushfire prone areas in accordance with the BuildingCode of Australia Standard AS3959 “Construction of buildings in abushfire prone area”.

(3) The development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.

(4) Management of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.

(5) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

(6) Requirement For Retaining Wall To Be Constructed Prior To WorksCommencingThe retaining wall in association with the on-site turning area andadjacent the northern side of the proposed dwelling, as describedon the site plan stamped as part of this authorisation, shall beconstructed prior to the commencement of the construction of thedwelling and retaining walls over one (1) metre in height will requireBuilding Rules Consent.

(7) Department for Water, Land, Biodiversity and Conservation NoteThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother substantial damage to native vegetation.

For further information visit:http://www.environment.sa.gov.au/Conservation/Native_vegetation




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Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9741.

8.4 Development Application 13/604/473 by D J Barnett & C A Barnett for parking ofa vehicle exceeding 3 tonne (non-complying) at 254 Onkaparinga Valley Road,Oakbank


The applicants, David & Caroline Barnett, were invited to answer questionsfrom the Panel.


The following recommendation was adopted by consensus of allmembers (54)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and seeks the CONCURRENCEof the Development Assessment Commission to GRANT DevelopmentPlan Consent to Development Application 13/604/473 by D J Barnett & CA Barnett for Parking of a vehicle exceeding 3 tonne (Non-complying) at254 Onkaparinga Valley Road, Oakbank 5243 subject to the followingconditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition: Statement of Support (8 pages including photos) prepared by

David Barnett received by Council 11 Sept 2013 Site plan received by Council 11 Sept 2013 Correspondence, Statement of Effect and photos prepared by

James Millar received by Council 30 Dec 2013 Response to representations prepared by David and Caroline

Barnett received by Council 9 May 2014


(2) A grease tray is to be placed underneath the oil sump of the vehiclewhen it is parked. Any oil drips/leaks are to be placed within a sealedcontainer until disposed of off-site.




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REASON: To ensure no water quality impacts result from theproposal.

(3) No maintenance or re-fuelling of the vehicle is to occur on-site.

REASON: To ensure no water quality impacts result from theproposal.

(4) The one vehicle exceeding 3 tonne parked on the subject land shallonly be a medium rigid single rear axle truck, be a maximum of 12.5metres in length and shall not exceed 9 tonne.

REASON: To minimise amenity impacts on adjacent propertiesand to ensure any future replacement vehicle is of a similar size.

(5) The truck is restricted to 4 vehicle movements per day and shall onlyenter and exit the property in accordance with the following hours:Monday to Saturday - 6.00am to 8.00pmSundays and Public Holidays - 9.30am to 5.00pm

REASON: To minimise amenity impacts on adjacent properties.

(6) The truck must only be parked unladen. No handling or trans-shipment of freight shall be carried out on the subject land.

REASON: To minimise amenity impacts on adjacent properties.

(7) The established screening vegetation of the north and west sides ofthe truck park shall be maintained in good health and condition at alltimes with any dead or diseased plants being replaced in the nextplanting season.

REASON: To minimise visual impact of the development andensure the survival and maintenance of the vegetation.

NOTES(1) Development Approval Expiry

This development approval is valid for a period of twelve monthscommencing from the date of the decision notification. However ifthe development hereby approved is substantially commencedwithin the twelve (12) month period then it shall be completed withinthree (3) years of the date of such notification. This time period maybe further extended beyond the 3 year period by written request toand approval, by Council prior to the approval lapsing. Applicationfor an extension is subject to payment of the relevant fee. Pleasenote that in all circumstances a fresh development application willbe required if the above conditions cannot be met within therespective time frames.




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(2) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm. In order to meet the general environmentalduty, the potential water quality impacts with the Adelaide MountLofty Ranges Watershed.

(3) EPA Information SheetsAny information sheets, guideline documents, codes of practice,technical bulletins, are referenced in this decision can be accessedon the following web site:http://www.epa.sa.gov.au/pub.html

8.5 Development Application 12/871/473 by Fassina Investments Pty Ltd foralterations and additions to existing hotel including bottle shop, function room,relocation of gaming room, increase to dining area, new outdoor dining area,upgrade of rear car park with access over right of way at Lot 95 Greenhill Road,Uraidla, associated earthworks, retaining walls (maximum height of 900mm),landscaping and demolition of water storage tank at 1198 Greenhill Road,Uraidla


The applicant’s representative, Carlo Panozzo, was invited to answer questionsfrom the Panel.



That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 2012/871/473 by FassinaInvestments Pty Ltd for Alterations and additions to existing hotelincluding bottle shop, function room, relocation of gaming room,increase to dining area, new outdoor dining area, upgrade of rear car parkwith access over right of way at Lot 95 Greenhill Road Uraidla,landscaping, demolition of outbuilding and water storage tank at 1198Greenhill Road, Uraidla SA 5142 subject to the following conditions:




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(1) Development In Accordance With PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition: Correspondence (3 pages) prepared by Carlo Panozzo received

by Council 6 May 2013 Correspondence prepared by Carlo Panozzo received by Council

12 December 2012 Correspondence (4 pages) prepared by Carlo Panozzo received

by Council 25 June 2013 Correspondence prepared by Carlo Panozzo received by Council

16 May 2013 Four sets of separate correspondence prepared by Carlo

Panozzo received by Council 25 June 2013 Amended floor plan prepared by Folland Panozzo Architects

received by Council 24 Apr 2013 Amended site plan prepared by Folland Panozzo Architects

received by Council 27 Jun 2013 Elevations prepared by Folland Panozzo Architects received by

Council 6 Nov 2012 Hydraulic services existing/demo site plan and civil plan

prepared by TMK Consulting Engineers received by Council 24Apr 2013

Amended hydraulic services proposed site plan prepared byTMK Consulting Engineers received by Council 26 Jul 2013

Additional site plan, plans details and sections prepared byFolland Panozzo Architects received by Council 21 May 2014

Driveway plans and sections prepared by Folland PanozzoArchitects received by Council 21 May 2014

Arborist report (23 pages) prepared by Shane Selway ofArborman Tree Solutions received by Council 21 May 2014

Correspondence (3 pages) prepared by Carlo Panozzo of FollandPanozzo Architects received by Council 21 May 2014


(2) Delivery BaysAll materials and goods shall at all times be located and unloadedwithin the confines of the defined delivery bays as shown on the siteplan stamped as part of this approval.

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




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(3) Delivery Truck (HRV) MovementsHRVs shall only enter the site via the eastern right of way crossoverand driveway, shall only use the western driveway and crossover toexit the site and shall be restricted to the following times:

9.30am – 4.00pm

REASON: To ensure there is no conflicting two-way vehiclemovements in the right of way. For safe and convenient movementof vehicles.

(4) Opening Hours - HotelThe opening hours of the Hotel shall be restricted to:Monday to Thursday - 11.00am to 1.00amFriday to Saturday - 11.00am to 2.00amSunday - 11.00am to 12.00am midnight (2.00am when preceding aPublic Holiday)

REASON: To ensure the development operates in accordancewith approval.

(5) Opening Hours - Outdoor DiningThe hours of the outdoor dining area shall be restricted to:Monday to Thursday - 11.00am to 10.00pmFriday to Saturday - 11.00am to 11.00pmSunday - 11.00am to 10.00pm

REASON: To reduce the amenity impacts of the development onthe locality.

(6) Capacity Of HotelThe maximum capacity of the Hotel (including the outdoor diningarea) shall be 400 persons at any one time.

REASON: To ensure the on-site waste control system isadequate and the on-site car parking is sufficient.

(7) Protection Of Grease Arrestor And Septic TankA trafficable lid is to cover both the approved grease arrestor andthe septic tank.

REASON: To ensure the waste control systems are not impactedupon by car parking and vehicle movements.

(8) Internal Driveway ConstructionThe internal western driveway adjacent the Sequoia trees is to bepaved with permeable paving as depicted on the amended site planstamped as part of this approval dated 27 Jun 2013 and theadditional site plan , plans and sections on drawing SK16 preparedby Folland Panozzo Architects date stamped 21 May 2014.




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REASON: To protect the regulated and significant trees from theimpact of the development.

(9) External Finishes To Match Existing BuildingPrior to Building Rules Consent, details of the materials and coloursto match or complement those of the existing Hotel, shall besubmitted to Council for approval and implemented as approved tothe satisfaction of Council.

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

(10) Commercial LightingAll external lighting shall be directed away from residentialdevelopment and, shielded if necessary to precent light spill causingnuisance to the occupiers of those residential properties.

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

(11) Stormwater Overflow Directed To The StreetAll roof runoff generated by the development hereby approved shallbe directed to a rainwater tank with overflow to the street (via apump if necessary) or a Council drainage easement to thesatisfaction of Council within one month of the roof cladding beinginstalled. All roof and hard paved water runoff shall be managed toprevent trespass onto adjoining properties and into the effluentdisposal area where an on-site waste control system exists.Overflow from rainwater tanks is to be directed to the street (via apump if necessary) or managed on-site to the satisfaction of Councilusing design techniques to the satisfaction of Council.


(12) Proprietary Pollutant Treatment DeviceAll surface water from car parking or handstand areas shall bedirected to a proprietary pollutant treatment device capable ofremoving oils, silts, greases, and gross pollutants to Council andEPA satisfaction prior to discharge to Council stormwater system orstreet water table.





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(13) DPTI recommended conditionThe western crossover shall be sufficiently flared to ensure deliveryvehicles can undertake a left turn egress movement withoutcrossing the centreline of Greenhill Road in order to maximise roadsafety.

REASON: For safe and convenient movement of vehicles.

(14) DPTI recommended conditionAny impact to existing roadside infrastructure (e.g. side entry pits,signs, light poles) as a result of medication to the existingcrossover/s shall be reinstated to DPTI/Council requirements andstandards with all costs to be borne by the applicant.


(15) DPTI recommended conditionThe largest delivery vehicle shall be restricted to a 12.5m HeavyRigid Vehicle as per AS 2890.2.2002.


(16) DPTI recommended conditionAppropriate signage and line marking shall be installed to reinforcethe desired traffic flow at the Greenhill Road access points.


(17) DPTI recommended conditionSufficient manoeuvring area shall be provided to ensure all vehiclescan enter and exit the site in a forward direction.


(18) DPTI recommended conditionAll passenger car parking facilities shall conform toAS/NZS2890.1:2004 and AS2890.6:2009.


(19) DPTI recommended conditionNo stormwater from this development is permitted to discharge on-surface to Greenhill Road. In addition, any existing drainage of theroad shall be accommodated in the development and that anyalterations to road drainage infrastructure as a result of thisdevelopment are to be at the expense of the applicant.





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(20) DPTI recommended conditionThe utilisation of Trailer Mounted Variable Message Displays foradvertising purposes shall not be permitted on or adjacent thesubject land.

REASON: To ensure drivers on Greenhill Road are not distractedby such signage.

(21) DPTI recommended conditionLine marking, directional arrows and signage shall be installed ininternal driveways/car parking areas.


(22) Car Parking Directional SignageDirectional signage should be installed within the rear car park toencourage patrons to use the primary western driveway to exit thesite.

REASON: To ensure there is no conflicting two-way vehiclemovements in the right of way. For safe and convenient movementof vehicles. To limit the effect on the residential amenity (vehiclenoise impacts) to neighbouring allotments.

(23) Visibility MirrorA visibility mirror shall be installed at the corner where the right ofway allotment and the internal driveway of the Hotel allotment meet.

REASON: To ensure there is no conflicting two-way vehiclemovements in the right of way. For safe and convenient movementof vehicles.

(24) Car Parking Directional SignageDirectional signage should be installed to indicate that there is a carpark at the rear of the Hotel.

REASON: To ensure the car parks provided are utilised and theneed for on-street car parking is minimised.

(25) Protection Of Trees- Root Zone Management Delineate Tree Protection Zone (TPZ) on site around the tree

equivalent to the radius listed within the Observations section ofthe Arborist report prepared by Shane Selway of Arborman TreeSolutions date stamped 21 May 2014; the TPZ includes both theroots and canopy parts of the tree.

Erect protective material around all exposed surfaces of eachtrunk and branch that have a possibility of being impacted uponduring the course of the development. An example of suchprotective measure has been included within Appendix A- TreeProtective Measures in the Arborist Report.




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The existing driveway surfacing of compacted gravel must bemaintained with the new surfacing constructed above this. Theremoval of loose materials such as the gravel and any mulchshall only be removed by hand.

No storage of material, equipment or temporary building shouldtake place within the Tree Protection Zone other than that of thedriveway construction itself.

Nothing whatsoever should be attached the trees includingtemporary service wires, nails, screws or any other fixing device.

The construction of the driveway surfacing within the TPZ area(shown as magenta hatching on the attached plan within theArborist report) must incorporate pervious materials above theexisting surface grade with no compaction to the existing soilarea within the Tree Protection Zone. An example of suchsystems has been included within Appendix B- PavingConstruction with a Tree Protection Zone of the Arborist reportdate stamped 21 May 2014.

The excavation of the northern portion of the driveway area toalign the finished floor level with that of the existing GreenhillRoad driveway crossover must occur using non-destructiveexcavation techniques such as AirSpade®, Hydrovac or similar.This should also be conducted under the supervision of asuitably qualified Arborist and any root development exposedshould also be managed by that Arborist.

Services to the development and any building including but notlimited to Water, Gas, Electricity, Sewer, Telephone and StormWater must be located outside of the Tree Protection Zones tominimise any encroachment into these areas and provideadequate protection to tree roots. Services to the hotel buildingalready exist and no indication was provided to me that moreservices are required however, should this be the case, theserecommendations will enable their installation without causingtree-damaging activities to occur.

Certificates of compliance should be attained from a suitablyQualified Arboriculturist at specified development intervals asoutlined within Appendix C of the Arborist report- AS4970-2009Schedule of Compliance Checks.

REASON: To ensure no root damage to the Significant andRegulated trees occurs as a result of the proposed development.

(26) Protection Of Trees - Crown Management Prune lateral branches within the western lower crowns to

provide clearance for vehicle traffic within the area of thedriveway only. This should be achieved using ‘ReductionPruning’ methodology and ‘Selective Branch Removal’ wherebranches that cannot be reduced area removed at the branchedcollar. This pruning should occur only where there are areas ofconflict between the trees and vehicle clearance parametersabove the driveway.




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Prune to remove or shorten deadwood greater than 25millimetres in diameter. Consider habitat for indigenous faunawhere appropriate.

The majority of this pruning should be conducted usinghandsaws and all pruning should be conducted by a suitablyQualified Arboriculturist in accordance with AS4373-2007.

The suitably Qualified Arboriculturist should reassess thesubject trees for health and structural management requirementswithin the coming four years.

A certificate of compliance should be attained form a suitablyQualified Arboriculturist once recommended pruning has beenconducted.

REASON: To ensure the branched of the significant andregulated trees are not damaged by trucks/delivery vehicles that exitvia the western driveway and to improve the health of the trees.

(27) RESERVED MATTERThe Council Development Assessment Panel requires the followingmatter which is reserved pursuant to Section 33(3) of theDevelopment Act 1993 to be addressed to the reasonablesatisfaction of Council staff:

That a noise abatement plan be submitted for subsequent approvalby Council staff, to minimise the noise impact of entertainment onneighbouring residential properties.

NOTE: Council reserves the right to attach further conditions inrelation to this.

REASON: To maintain the amenity of the locality and minimisethe noise impact of the development on adjoining residentialproperties.

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 appealhas been commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the Development Plan Consent, or a freshdevelopment application will be required. The twelve (12) monthperiod may be further extended by written request to, and approvalby Council. Application for an extension is subject to payment of therelevant fee.




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(2) Works On BoundaryThe development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.

(3) Erosion Control During ConstructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.

(4) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

(5) Compliance With Food Act SA 2001This approval under the Development Act 1993 does not in any wayimply compliance with the Food Act SA 2001 and/or Food SafetyStandards. It is the responsibility of the owner of other personoperating the food business from the building to ensure compliancewith the relevant legislation before opening the food business onthe site.

(6) Tree Removal Or Pruning Not Including In This ApplicationThis consent does not convey any approval for the pruning(excluding maintenance pruning that does not require approval) orremoval of any regulated/significant trees that may be present onthe subject land.

For criteria on regulated/significant trees please refer to thefollowing:http://www.ahc.sa.gov.au/webdata/resources/files/Protecting_Reg_and_Sig_Trees_Comm_Info.pdf

Please be advised that a separate Development Application must belodged for such works.

(7) Development Plan Consent ExpiryThe Development Plan Consent (and future Development Approval ifgranted) of Council does not give the applicant/Hotel owner the rightto undertake the proposed works within adjacent private land,specifically Lot 95 Greenhill Road Uraidla CT:5696/23 (the right ofway allotment). This is a matter for the owner of the Hotel todetermine whether it requires approval for such works and if so,ensure it has the appropriate approval from the landowner to do so.




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8.6 Development Application 14/323/473 (14/D14/473) by Neil Kowald for boundaryrealignment (6 allotments into 6 allotments) (DAC relevant authority) at 2891Onkaparinga Valley Road, Birdwood


The applicant’s representative, Jeff Smith (Planning Chambers), was invited toanswer questions from the Panel.


Moved Alistair McHenry CarriedS/- Jan Loveday (56)

That the Council Development Assessment Panel does consider that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and advise the Development AssessmentCommission that it DOES NOT SUPPORT the proposed boundaryrealignment in Development Application 14/323/473 (14/D14/473) by NeilKowald for Boundary realignment (6 allotments into 6 allotments) (DACrelevant authority) at 2891 Onkaparinga Valley Road, Birdwood for thefollowing reason:

The Council Development Assessment Panel does not believe there issufficient justification for the proposed boundary realignment in terms ofthe objectives and principles of development control of the Watershed(Primary Production) Zone and that the proposal will provide anopportunity for increased rural living allotments to be created.

8.7 Development Application 14/165/473 (14/D7/473) by David Paschke for boundaryrealignment (3 allotments into 3 allotments) (DAC relevant authority) at 59Willow View Road, Woodside


The applicant, David Paschke, was invited to answer questions from the Panel.


Moved Wendy Stubbs CarriedS/- John Kemp (57)

That the Council Development Assessment Panel does consider that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and advise the Development AssessmentCommission that it DOES NOT SUPPORT the proposed boundaryrealignment in Development Application 14/165/473 (14/D7/473) by D CPaschke for Boundary realignment (3 allotments into 3 allotments) at Lots




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200, 201 and 1 Willow View Road, Woodside SA 5244, for the followingreasons:

(1) The Council Development Assessment Panel does not believe thereis sufficient justification for the proposed boundary realignment interms of the objectives and principles of development control of theWatershed (Primary Production) Zone and that the proposal willprovide an opportunity for an increase in rural living allotments to becreated in a primary production area; and

(2) The EPA recommended refusal of the proposal as the boundaryrealignment will create an additional residential developmentopportunity in an unsewered area.

9:40pm The Panel resumed ‘open’ session

9. Policy Issues for Advice to CouncilNil

10. Other BusinessNil

11. Next MeetingThe next ordinary Development Assessment Panel meeting will be held on Tuesday 5August 2014.

12. Close meetingThe meeting closed at 9.47pm.

council development assessment panel minutes of meeting ... cdap 1 july 2014.… · council...

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