development assessment commission agenda item 3.2.1 ......development assessment commission 9 june...

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Development Assessment Commission 9 June 2016 1 AGENDA ITEM 3.2.1 Greenbelt Development P/L To demolish the existing building and construct a mixed use development comprising apartments with ground level retail/commercial activities, together with basement carparking and landscaping 216-225 South Terrace Adelaide 020/A013/16 TABLE OF CONTENTS AGENDA REPORT ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 2: APPLICATION & PLANS a. Certificates of Title b. Planning Report (Ekistics) c. Survey Plan d. Site and Surrounds Map e. Woods Bagot Architectural Documentation and Plans f. Vipac Wind Impact Assessment Report g. Arup Energy Efficiency Statement h. Sonus Noise Assessment Report i. DASH Architects Heritage Impact Assessment Report j. Cardno Traffic and Transport Assessment Report k. Leigh Design Waste Management Plan l. TCL Landscape Design Documentation 3: AGENCY COMMENTS 4: REPRESENTATIONS 5: RESPONSE TO REPRESENTATIONS and COUNCIL COMMENTS

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Page 1: Development Assessment Commission AGENDA ITEM 3.2.1 ......Development Assessment Commission 9 June 2016 2 AGENDA ITEM 3.2.1 OVERVIEW Application No 020/A013/16 Unique ID/KNET ID 2016/04791/01

Development Assessment Commission9 June 2016

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AGENDA ITEM 3.2.1

Greenbelt Development P/L

To demolish the existing building and construct a mixed use development comprisingapartments with ground level retail/commercial activities, together with basementcarparking and landscaping

216-225 South Terrace Adelaide

020/A013/16

TABLE OF CONTENTS

AGENDA REPORTATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS2: APPLICATION & PLANS

a. Certificates of Titleb. Planning Report (Ekistics)c. Survey Pland. Site and Surrounds Mape. Woods Bagot Architectural Documentation and Plansf. Vipac Wind Impact Assessment Reportg. Arup Energy Efficiency Statementh. Sonus Noise Assessment Reporti. DASH Architects Heritage Impact Assessment Reportj. Cardno Traffic and Transport Assessment Reportk. Leigh Design Waste Management Planl. TCL Landscape Design Documentation

3: AGENCY COMMENTS4: REPRESENTATIONS5: RESPONSE TO REPRESENTATIONS and COUNCIL COMMENTS

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OVERVIEW

Application No 020/A013/16Unique ID/KNET ID 2016/04791/01 (#10492681)Applicant Greenbelt Developments Pty LtdProposal To demolish the existing buildings and construct a mixed use

development comprising apartments with ground levelretail/commercial activities, together with basementcarparking and landscaping

Subject Land 216-225 South Terrace AdelaideZone/Policy Area City Frame ZoneRelevant Authority Development Assessment CommissionCouncil Adelaide City CouncilDevelopment Plan Adelaide (City) Development Plan consolidated 24

September 2015Type of Development MeritPublic Notification Category 2Representations One representation who wishes to be heardReferral Agencies Government ArchitectReport Author Connie ParisiRECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The applicant seeks approval to demolish an existing building and construct a mixed usedevelopment comprising residential apartments, retail/commercial activities together withbasement carparking and landscaping.

The subject land is located on the corner of South Terrace and Downer Street within theCity Frame Zone. The proposal is a Category 2 form of development. One representationwas received in response to public notification.

The applicant engaged in the department’s pre-lodgement service with the applicationprogressing positively throughout these sessions. The proposal has the general support ofthe Associate Government Architect.

The key issues of relevance to an assessment of the proposal are considered to be thenature of the land uses proposed, building height, the quality of the external appearanceof the development, activation of the public realm, management of interface impacts andtechnical issues such as vehicle access, waste management and crime prevention throughenvironmental design.

On balance, it is considered that the proposal satisfactorily addresses these issues and,accordingly, it is considered that it warrants development plan consent.

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ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

In March 2012, the Minister for Planning rezoned land in the City of Adelaide to increaseenvisaged building heights and provide additional development opportunities that wouldhelp enliven the city. As part of this initiative, policies were introduced that provide for amore performance based planning approach and place a stronger emphasis on the overallplanning and design merit of an individual proposal. In particular, the policies place anemphasis on design quality, interface relationships and remove prescriptive requirementsaround height and setbacks.

1.2 Pre-Lodgement Process

The proponent engaged in the pre-lodgement services, participating in three (3)Prelodgement Panel meetings and two (2) Design Review Panel (DRP) sessions. No formalpre-lodgement agreements were reached prior to lodgement of the application. Keyissues/outcomes discussed during the pre-lodgement process include:

a reduction in overall height to allow for a suitable transition to the height limits ofthe local context

amended setbacks to South Terrace and Delhi Street increased access to natural ventilation and light to the long narrow corridors on the

lower levels strategies to achieve passive surveillance and activation of the central courtyard creation of a safe and welcoming north-south pedestrian link improvement to the Downer Place façade.

Prior to lodgement, the applicant chose to undertake informal community engagement, byinviting local resident and business owners to view the proposal and provide comments ata public ‘Open Day’ at the Sage Hotel. Other stakeholders were also invited including theCity South Association, the South West City Community Association and the Adelaide CityCouncil Lord Mayor, Deputy Mayor and two local Ward Councillors. Separate meetings wereheld with the Principals of the two adjoining schools, Gilles Street Primary School andPulteney Grammer School. The comments received during the community engagementprocess helped inform the project team on concerns/merits of the proposal and someadjustments were made to the proposal to respond to the comments.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The applicant proposes to demolish the existing buildings and construct a multi-level mixeduse development comprising commercial space and residential apartments together withassociated basement carparking and landscaping.

The building is proposed with a podium which is then extended into two off-set towers. Thenorthern tower, facing onto Delhi Street, is 15 storeys in height and above a three storeybase. The southern tower, facing South Terrace, is 18 storeys in height and above a fourstorey base.

Although one building, for ease of summarising main features (as follows) the developmentwill be referred to as the ‘basement carpark’, the ‘northern’ tower and the ‘southern’ tower.

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Basement Carpark:

Building Depth 3 levels undergroundDescription oflevels

Basement Level 1: carparking, residential stores, substation, fireservice infrastructureBasement Level 2: carparking, residential store roomsBasement Level 3: carparking, residential store rooms

Site Access Vehicle access to basement via Downer PlaceBicycle access to bicycle store via Downer Place and from withinthe development (central courtyard).

Car and BicycleParking

Vehicle Parks: 323Bicycle Parks: 256 (secure and located on ground floor)

Northern Tower:

Land UseDescription

Residential

Description oflevels

Ground Floor: Residential Apartments, bin storage room andloading area, residential storage apartments, refuse collectionroom, multi purpose spaceFirst and Second Floors: Residential apartmentsThird Floor: Residential apartments, lobby and communal roofdeck bbq and seating areaFourth Floor to Eleventh Floor: Residential apartments, lobbyTwelfth Floor to Fourteenth Floor: residential apartments, lobbyFifteenth Floor: plant room, Lift overrun

Building Height 49 metres (AHD: 92.5 to the top of the roof-top plant)Apartment floorareas

Vary between 50 square metres and 130 square metres

Site Access Secured Resident access to apartments via Delhi Street, internalwalkway, Downer Place and South Terrace

Encroachments Minor encroachments of external building features over DownerPlace

Southern Tower:

Land UseDescription

Residential, Retail tenancies divided into three potential tenancyspaces comprising a total of 432 square metres of leasable floorarea.

Description oflevels

Ground Floor: Residential Apartments, retail tenancies, refusecollection area and loading platform.First to Third Floors: Residential apartmentsFourth Floor: Residential apartments, communal roof deck areaFifth to Eleventh Floor: residential apartmentsTwelfth Floor to Seventeenth Floor: residential apartmentsEighteenth Floor: (Roof Plan) plant room, Lift overrun

Building Height 58 metres (AHD: 101.5 to the top of the roof-top plant).Apartment floorarea

Vary between 50 square metres and 130 square metres

Site Access Resident access to apartments via Delhi Street, internal walkway,Downer Place and South Terrace

Encroachments Minor encroachments of external building features over DownerPlace

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The two towers are linked with the bike storage room, and a gymnasium and swimmingpool which sits above.

The design of the development includes a large central courtyard between the buildings. Atotal of 75% of this space is intended for private use by the residents and guests, and isaccessible through either the southern tower or the northern tower entrances which arealso linked by a covered walkway. A large multi-purpose dining/entertaining spaces isaccessible for residents in the ground floor of the northern tower and opens out into thecourtyard for use during functions and the like.

In addition to these spaces, the following will be provided: pool, spa and gym facilities located on 1st ground floor overlooking the central

courtyard and Downer Place, through to the Park Lands a 475 square metre roof top terrace on the 3rd level (podium roof) of the northern

building a 487 square metre roof top terrace on the 4th level (podium roof) of the southern

building.

A pedestrian walkway linking the southern end of the site (South Terrace) to the north(Delhi Street) is proposed along the eastern property boundary. Although this link isintended to be accessible to the public, this will be monitored and will be subject to ongoingreview by the on-site Building Management. A visually permeable screening elementdefines the ‘public’ area from the ‘private’ zone.

The setback of the building from Delhi Street and Downer Place has allowed for theconstruction of new footpaths (that currently do not exist).

3. SITE AND LOCALITY

3.1 Site Description

The subject land consists of three allotments, described as follows:

Lot No Filed Plan Street Suburb Hundred Title

Reference248 181900 South

Terrace

Adelaide Adelaide V4331 F100249 181901 South

Terrace

Adelaide Adelaide V4228 F536285 181937 South

Terrace

Adelaide Adelaide V4228 F537

The subject land measures some 4,000 square metres in area. The subject land has afrontage of approximately 61.5 metres to South Terrace and a western side boundary ofapproximately 65.2 metres to Downer Place. Downer Place is a public no-through roadwhich can only be accessed by vehicles from South Terrace.

The site is currently occupied by the two-storey Country Comfort Motel, with associatedat-grade carparking.

The subject site contains no easements, rights of way or the like. The site is devoid ofvegetation and is ostensibly flat.

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3.2 Locality

The locality is characterised by a mix of land uses. Within close proximity to the site are:North: Local Heritage places, in the form of single storey dwellings at 24-26 Delhi

Street, 28-30 Delhi Street and 36-40 Delhi Street; Gilles Street Primarywhich accommodates the original 1899 school building which fronts GillesStreet and is listed as a State Heritage place (111 Gilles Street Adelaide)School

South: Adelaide Parklands, with a public playground immediately opposite the sitewithin the parklands

East: multi level tourist accommodation (Chifley Hotel) which is 5 storeysWest: Sage Hotel, 12 storeys and 35 metres in height, then further west is Pulteney

Grammar School.

The properties directly abutting the subject land to the north are located within the CityLiving Zone (South Central Policy Area). Buildings should not exceed 4 storeys or 14 metresin building height within this policy area.

Below are photographs of the locality:

Subject site with the existing Comfort Inn Hotel Downer Place

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Sage Hotel on the abutting site to the west, with views to the Vue Apartment Building onKing William Street in the background

View of the Chifley Hotel (5 storeys) to the east of the site(with the Sage Hotel in the background)

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View from Gilles Street (illustrating the space where the development is proposedbetween the Sage Hotel and the Chifley Hotel)

Delhi Street (western end)

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Delhi Street (looking towards Pulteney Street)

4. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

4.1 Government Architect

The Government Architect is a mandatory referral in accordance with Schedule 8 of theDevelopment Regulations 2008. The Commission must have regard to this advice.

The Associate Government Architect is supportive of the development, apart from concernsin relation to the long narrow corridors with apartment doors directly opposite each other.This condition is not considered by the Associate Government Architect to represent bestpractice in terms of residential amenity.

5. TECHNICAL ADVICE

5.1 City of Adelaide

Comment was sought from Council administration on technical matters relating toencroachments, traffic, waste management and public realm contribution. A number ofissues were raised by Council administration which were responded to by the applicant.The summary of the comments below are the remaining outstanding issues:

Encroachments: The proposed encroachment to Downer Place does not meet the clearance

requirements over a roadway and as such is at high risk of being struck. As such,the encroachment cannot be supported on traffic management grounds.

Where a proposal does not satisfy Council’s Encroachment Policy, a report will needto be presented to Council for consideration.

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In response to this issue, the applicant has agreed to amend the height of the façadepanels to a clearance of 5 metres above Downer Place in line with Council’s EncroachmentPolicy. A condition is recommended to address this.

Traffic Access and Parking Although the proposal may satisfy the BCA requirements for disability car parking,

the requirements for disability car parking outlined by the Development Plan havenot been satisfied.

The Smart Move Transport Strategy seeks an outcome where the cost of parkingand balance of demand and supply of parking discourages excessive car use whenthere is convenient access by walking, cycling and public transport. The reportprepared by Cardno (on behalf of the applicant) notes that the RMS Guide to TrafficGenerating Developments would produce a requirement for 202 car parking spaces,which is significantly less than the 319 spaces proposed.

Concerns in relation to the risk to pedestrians and children using Downer Place giventhe proposed ‘service’ nature of it.

Impact of noise associated with the waste removal on the locality.

These matters will be discussed in the assessment part of the report.

In addition to the above, Council administration has requested that ongoing discussionoccur around the detailed design stage for where the walkway and Delhi Street meet. Anote has been recommended to advise the applicant of this request from Counciladministration.

6. PUBLIC NOTIFICATION

The application was notified as a Category 2 development pursuant to Principle ofDevelopment Control 27(b) within the City Frame Zone. Public notification was undertaken(by directly contacting adjoining owners and occupiers of the land) and one (1)representation was received.

RepresentorID

Issue Applicant’s Response

R1 Height and Location ofbuildings.Walkway linking SouthTerrace and Delhi StreetImpact of increased trafficand pedestrians on DelhiStreetEffect on the heritage value ofDelhi Street properties andcharacter

Building Height:The site is subject to catalyst siteprovisions; catalyst sites are intended tobe greater in height and intensity.Adequate transition provided betweenthe existing low scale residentialdevelopment and the new towerelement.No overshadowing impacts.Traffic and Pedestrian Volumes:No vehicle access via Delhi StreetAcknowledge that there will be anincrease in pedestrian activity in thelocality.Walkway will improve connectivity.Walkway will be well lit with CCTV andsite security to manage poor behaviour.The heritage consultant is supportive ofthe design’s response to the localheritage place presence and streetscapecharacter.

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The representor wishes to be heard by the Commission.

A copy of the representation and the applicant’s response is contained in theATTACHMENTS.

7. POLICY OVERVIEW

The subject site is located wholly within the City Frame Zone as described within theAdelaide (City) Development Plan Consolidated 24 September 2015 and as illustratedbelow:

Source: Ekistics, Planning Report dated 2 March 2016

Relevant planning policies are contained in the ATTACHMENTS and summarised below.

7.1 City Frame Zone

In summary the desired character and policies seek the following outcomes for the subjectsite and its environs:

A strong residential flavour comprising medium to high scale residentialdevelopment supported by a mix of shops, personal services, restaurants, cafés,and community and hospitality uses.

Mix of complementary land uses will extend activity into the evening to enhancethe vibrancy and safety of the area, particularly the adjacent Park Lands.

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Location and scale of buildings will achieve high quality urban design outcomes,with the highest built form located along South Terrace facing the Park Lands witha slightly lower built form framing the Squares.

A built form that provides a transition down in scale and intensity at the Zone’sboundaries to maintain the amenity of properties located within the adjoining CityLiving Zone.

Development on key corner sites at the entrances to the City grid and Squares willcreate landmark buildings that provide a strong built form edge and pedestrian scaledetailing to both street frontages.

Buildings will have minimal or no setback and provide tall walls when viewed fromthe main road frontage to achieve a consistent built form façade.

Landscaping and small variations in front setback will assist in softening thecontinuous edge of new built form and provide a higher amenity streetscape andpedestrian environment which is shaded by street trees and other maturevegetation.

Buildings will have a strong horizontal emphasis with clearly defined and segmentedvertical elements.

At street level, the use of solid materials will be appropriately balanced with glazedareas to provide visual interest and activity. Tall façades will be well articulated withfiner details that contribute positively to the public realm, including modelledfaçades, canopies, fenestration and balconies that make use of light and shade.

An interesting pedestrian environment and human scale at ground level whichintegrates well with the Park Lands and Squares will be created.

Catalyst sites provide opportunities for integrated developments on large sites andwill exemplify quality and contemporary design that is generally greater in heightand, or density, than its surrounds and designed to manage the interface withsensitive uses in residential zones. NB: this development is not on a catalyst site.

7.2 Council Wide

Council Wide provisions of relevance to the proposal provide guidance regarding:

apartment amenity including minimum unit sizes, minimum private open spaceprovisions and access to natural light, ventilation, outlook

design and appearance of development (although this policy is outweighed byguidance provided by the zone)

access and transport

Development should not unreasonably impact upon adjoining sites in terms of scale, bulk,overlooking or overshadowing.

Relevant Council Wide provisions are contained in the concluding appendices.

7.3 Overlays

7.3.1 Affordable Housing

The proposal is subject to the affordable housing overlay. This seeks a minimum of 15percent affordable housing for development comprising 20 or more dwellings.

8. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Adelaide (City)Development Plan, which are contained in the ATTACHMENTS.

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8.1 Quantitative Provisions

The table below provide a summary of the quantitative provisions associated with theproposal:

DevelopmentPlan Guideline

Proposed GuidelineAchieved

Comment

Site Area 1500 squaremetres to satisfy‘catalyst site’policies

4 009 square metres YESNOPARTIAL

Please refer toassessment

Land Use ResidentialRetail

ResidentialRetail

YESNOPARTIAL

Please refer toassessment

BuildingHeight

No buildingheight due tocatalyst sitepolicy framework

Northern Tower: 49metres (AHD: 92.5to the top of theroof-top plant)

Southern Tower: 58metres (AHD: 101.5to the top of theroof-top plant).

YESNOPARTIAL

Please refer toassessment

Car Parking Residential: Nil

Retail: 13 (min);21 (max)

Residential: 319

Retail: 4

YESNOPARTIAL

Please refer toassessment

BicycleParking

Residential: 256plus 26 forvisitors

Retail: 1 plus 1for visitors

Residential: 256

Visitors and Retail:15

YESNOPARTIAL

Please refer toassessment

FrontSetback

On boundary ofSouth Terrace

Setback 1.5 metresfrom South Terrace

YESNOPARTIAL

Please refer toassessment

SideboundarySetback

3 metres 6.370 metres YESNOPARTIAL

Satisfies policy.

PrivateOpen Space(mindimensionof 2 m)

1 bed – 8m22 bed - 11m23 bed - 15m2

Varying sizedbalconies between7m2 and 28 squaremetres

Ground LevelCourtyard: 500 m2

Roof top terrace on3rd Level (northernbuilding): 475 m2

4th Level (southernbuilding): 487 m2

YESNOPARTIAL

Whilst there is arelatively minorshortfall in private(balcony) space,the proposal isproviding largeground level androof top terracelevel communalspace forresidents.Therefore, eachoccupant will beprovided withbalcony space aswell as access to acommunal space.

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Apartmentsize

1 bed – 50m22 bed – 65m23 bed - 80m2

256 apartments ofvarying sizes

1 Bed – 50m2-55m2

2 bed – 68m2-80m2

3 bed – 95m2-130m2

YESNOPARTIAL

Satisfies policy.

Storageareas –residentialapartments

1 bed – 8m32 bed -10m33 bed -12m3

The proposalincludes a range ofstorage options foroccupants:

835 m2 ofresidential storagespace across threebasement levels

111 m2 withinsecure ground floorrooms.

Internal apartmentstorage includingcupboard space andbuilt in wardrobes.

The division of thestorage areas is yetto be finalised.

YESNOPARTIAL

Whilst the storageareas have not yetbeen allocated perapartment, thereare sufficientstorage optionsand additionalstorage areas thatcan becomeavailable.

8.2 Land Use

The City Frame Zone envisages medium to high scale residential development supportedby a mix of shops, personal services, restaurants, cafes and community and hospitalityland uses. In particular:

Preface, City Form (Adelaide (City) Development PlanThe City Frame Zone will accommodate more residents and foster greater use of the ParkLands and Squares. The Zone will encourage medium to high scale residentialdevelopment facing the Park Lands and Squares with cafes, restaurants and shops at theground floor.

Principle of Development Control 2 of the City Frame Zone indicates:

“2 Development should comprise wholly residential buildings or mixed use buildings withnon-residential development at the ground/first floor level and residences above.”

Principle of Development Control 3 states:“Development should reinforce the area as predominantly residential, with non-residential land uses comprising no more than 40 percent of any new building”.

The proposed high scale residential development with the retail tenancies on the groundfloor (facing South Terrace) accords with the desired uses for the Zone. The retailcomponent is also subsidiary to the residential land use, and is no more than 40 percentof the development. The retail land uses are facing South Terrace, as opposed to DelhiStreet, in line with the intent of the zone to guide the non-residential development to those

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spaces directly facing the Park Lands and Squares, rather than the local residential streets,in order to enhance activation of the Park Lands/Squares.

In addition, the absence of non-residential land uses to the first floor level, is notconsidered to impact on the level of activation sought by the zone, given the extensive‘retail’ frontage proposed along the majority of the South Terrace frontage.

The proposal is considered to complement the future desired character of this part of thecity.

8.3 Building Height

Within the City Frame Zone, the maximum building height is 36 metres where a site islocated south of Gilles or Gilbert Streets. However, as the subject site is greater than 1500square metres the proposal is subject to the catalyst site policies of the zone, where nobuilding height limit applies. The desired character for catalyst sites envisage quality andcontemporary design that is generally of greater intensity than its surroundings.SEMore specifically, the ‘catalyst site’ provisions within the City Frame Zone include:

“18 Development on catalyst sites (sites greater than 1500 square metres, which mayinclude one or more allotment) should be comprised of medium to high scale residentialdevelopment that is carefully integrated with non-residential development.19 Catalyst sites should be developed to manage the interface with the City LivingZone with regard to intensity of use, overshadowing, massing, building proportions andtraffic to minimise impacts on residential amenity.20 Catalyst sites should contribute to the vibrancy of the main street through buildingdesigns that:

(a) include a mix of land uses that create activity and overlooking of the street,particularly at the ground and first floor;

(b) create the appearance of narrow frontages and enhance visual interest;(c) are vertically massed; and(d) include above street level fenestration, balconies, parapets, architectural detailing

and ornamentation which contribute to the rich visual texture.21 The scale of development on a catalyst site should respond to its context,particularly the nature of adjacent land uses and the interface treatments required toaddress impacts on sensitive uses.22 Where there is an apparent conflict between the catalyst site principles and Zoneor Council Wide objectives and principles (including the quantitative provisions) thecatalyst site principles will take precedence”.

Building height and interface impacts are concerns raised by the representor.

The proposed height of the development is: Northern Tower: 49 metres (AHD: 92.5 to the top of the roof-top plant) Southern Tower: 58 metres (AHD: 101.5 to the top of the roof-top plant).

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The current policy framework outlined above envisages built form on catalyst sites thatcan be greater in intensity, scale and built form than other sites (non catalyst) throughoutthe zone, providing that impacts on residential amenity are well managed. The applicanthas provided the following diagram to demonstrate how the development proposes tomanage the impacts on residential amenity:

Source: Ekistics, Planning Report dated 2 March 2016

In summary, to minimise impacts, the proposal is including privacy screens, deepersetbacks from the City Living Zone to the north, privacy screens to lower floors,landscaping and access off Downer Street rather than a local residential street.Overshadowing impact is to the south and will not impact on the residential properties tothe north.

The proposed heights of 18 and 15 storey buildings is considered a comfortable transitionfrom the west (Capital City Zone) to the east (City Living Zone), (refer to diagrams below).In addition, the height provides a clear distinction between the high scale developmentenvisaged along South Terrace, a lower scale within the City Living Zone and then higherscale development within the core of the CBD and King William Street (the city ‘spine’).This is sought via Council Wide Principle of Development Control 167 which states:

“Development should be of a high standard of design and should reinforce the grid layoutand distinctive urban character of the City by maintaining a clear distinction between thefollowing:

(a) The intense urban development and built form of the town acres in the Capital City,Main Street, Mixed Use, City Frame and City Living Zones;”

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Source: Ekistics, Planning Report dated 2 March 2016

Overall, the proposed development is considered to be of an acceptable height and anappropriate transition between the Capital City Zone and the City Living Zone.

8.4 Design and Appearance

The Desired Character and relevant policies of the City Frame Zone seek the following interms of design, appearance and setback:

A desire for buildings with strong horizontal emphasis with clearly defined andsegmented vertical elements (City Frame Zone, Desired Character Statement)

Finished floor levels which is at grade with the footpath level (City Frame Zone, PDC8)

Pedestrian shelter and shade (City Frame Zone, PDC 9) Minimum floor to ceiling height of 3.5 metres (City Frame Zone, PDC 10) Visually permeable ground floor primary frontage (70%) (City Frame Zone, PDC 11) Articulated building appearance, through variations in forms, materials, openings

and colours (City Frame Zone, PDC 12) Orientation towards the Park Lands, pedestrian and cycle routes (City Frame Zone,

PDC 13) Buildings generally built to the primary road frontage (excluding verandahs,

porticos and the like). (City Frame Zone, Desired Character Statement)

There are a number of Council Wide policies which reinforce the above zone policies, andseek easily, identifiable entrances, appropriate scale, rhythm and proportion, and the useof durable and sympathetic materials, colours and finishes.

The proposed development has been positioned on the subject site in a manner whichresponds to the local context and the desired built form for the City Frame Zone.

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The ground floor of the podium associated with the southern building has been setbackfrom South Terrace some 1.5 metres, with the upper storeys then built to the frontboundary line. The retail premises on the ground floor will present glazing to South Terraceto allow for casual surveillance from and to the Park Lands. The ‘walkway’ through thecentre of the site also allows views to the Park Lands from within the internal open spaceassociated with the development and views into the development from South Terrace.Whilst no canopies project from the building on South Terrace, the recessed nature of theretail premises provide a refuge area for pedestrians.

In terms of the setback from Delhi Street, the proposal has been designed to respond tothe ‘fine grain’ character of Delhi Street, which is predominantly characterised by low scaledwellings. The northern most part of the building has been setback 3 metres and then 6metres for all levels above the second storey. This satisfies Principle of DevelopmentControl 17 which states:

“Development on land directly abutting the City Living Zone should avoid tall, sheer wallsat the interface by ensuring walls greater than 3 metres in height are setback at least 2metres from the rear allotment boundary with further articulation at the upper levels.”

The development has also been setback more than 3 metres from side boundaries (whereabutting another property) to provide adequate level of amenity and privacy and notrestrict reasonable development of adjacent sites in line with Council Wide Principle ofDevelopment Control 67.

The built form has a strong vertical facade, which is expressed through the vertical columnswhich have been modelled to represent the ‘tree branch’ form. Inset windows and deepbalconies have been integrated into the overall architectural expression of the building andprovide some depth and horizontality to the façade.

The Associate Government Architect has indicated overall support for the architecturalexpression and the site organisation.

8.5 Heritage

Local Heritage places are located on the northern side of Delhi Street, directly opposite thesubject site. The heritage places are single storey detached and row dwellings, setbackfrom the street front boundary by approximately 3 to 4 metres.

Council Wide Principle of Development Control 140 indicates that development on landadjacent to a heritage place should incorporate design elements, including where itcomprises an innovative contemporary design, that utilises materials, finishes and otherbuilt form qualities that complement the adjacent heritage place and seeks that thedevelopment is located no closer to the primary street frontage than the adjacent heritageplace.

DASH Architects on behalf of the applicant, provided an assessment of the proposal’simpact on the Local Heritage places with the conclusions being:

The proposed development seeks to redress the poor interface and amenity to thesouthern side of the street because (a) the lower levels of the new building willestablish a podium-like form to manage the scale relationship of the proposeddevelopment; (b) The balcony/terrace elements assist in establishing a compatiblearticulation, texture and relief to the lower level facades that complement theadjacent heritage places, and; (c) the setback allows the integration of landscapingto the lower levels of the building complex

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The proposed development addresses the heritage provisions of the DevelopmentPlan and will also be an improvement to the setting of the identified heritage places.

No comments were received from Council administration in relation to the proposal’simpact on the Local Heritage Places.

Although not specifically referring to the Local Heritage places, the Associate GovernmentArchitect, in the referral response, supports the articulation of internal balconies to thenorthern tower in resolving the proposals relationship with the lower scale residential zoneadjacent.

In conclusion, and in considering the report from DASH Architects as well as the commentsfrom the Associate Government Architect, the design of the podium is considered torespond to character of the low scale single storey cottages. The proposed colours andlight-weight materials proposed to bring human scale to the lower levels is considered tocomplement the local heritage places streetscape. Overall, the proposal is considered toimprove the interface with the City Living Zone.

8.6 Apartment Amenity

Medium to high scale residential development should provide for a high standard ofamenity and environmental performance as sought by Council Wide Objective 22 andPrinciples 49-75. These provisions provide guidance with respect to the design of buildingentrances, levels of natural light and ventilation, private open space, privacy, outlook andminimum apartment sizes. PDC 60, 71, 81 require medium to high scale residentialdevelopment to have a high quality environment by ensuring minimum areas. Refer to thetable above for a summary of the quantitative requirements.

On the whole, the apartments are considered to have a good level of amenity in terms ofunit sizes, outlook, functionality, natural light and generally accord with the minimumrequirements in the Development Plan, with the exception of a shortfall in private openspace (in the form of balconies) and storage areas. Residents have access to rooftopgardens and have a good outlook and long views and will benefit from the proximity to thePark Lands. In terms of storage, the proposal includes a number of residential storageareas with space for additional storage areas if required.

The Associate Government Architect has raised a concern in relation to the corridor lengthsand location of doors opposite each other. Ekistics on behalf of the applicant has indicatedin response to this issue:

“The rare occasions at which neighbouring occupiers would be entering or existing theirapartments at the same time and perhaps gain a quick, limited view into anotherresident’s apartment it not, in our view, a shortcoming but an opportunity tospontaneously engage with a neighbour”.

The design and layout of the proposed apartments is considered to achieve a qualityresidential living environment, with the majority of the apartments benefiting from thenorthern orientation; the off-setting of the towers assists with this. The recessed balconieswill be provide a useable and sheltered space for residents. Accordingly, the proposal isconsidered to adequately satisfy the provisions of the Development Plan and will providean appropriate level of amenity for future occupants.

8.7 Interface Management

Council Wide Principle 121 seeks development be designed and sited to ensure an adequatelevel of daylight, to minimise overshadowing of buildings and public and private outdoorspaces.

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Due to the subject lands location on South Terrace, the proposal will not result in significantlevels of overshadowing of those adjacent residential premises to the north. The northernproperties will not be affected at all. While there will be overshadowing of the Park Landsthis is not considered excessive or unreasonable, given that there is significant area in theimmediate vicinity not cast in shadow (refer to the shadow diagrams provided).

Council Wide Principle 66 (Visual Privacy) seeks that high scale development should bedesigned to minimise the potential overlooking of habitable rooms of adjacentdevelopment.

The proposed development abuts a public road to the west and then overlooks the SageHotel; the Chifley Hotel to the east and the Park Lands to the south; although someoverlooking of these areas will occur, passive surveillance in this regard is appropriate forcrime preventative reasons. The school as well as residential properties are located to thenorth. During the pre lodgement consultation process, the school raised a concern withoverlooking from the lower levels into the school grounds. In response to this, the applicanthas proposed a 3 metre high screen wall along the boundary abutting the school site. Thebalconies of those north facing terraces (in the northern building) will be screened with 1.7metre high screening. Together with the existing landscaping in the school grounds, themeasures to reduce overlooking are considered acceptable.

With regards to the roof-deck communal space, planter boxes are proposed along the edgeof each space to restrict direct views into the properties to the north. Towards the higherlevels, it is likely that some views of the adjoining properties would start to become possiblebut the views would be limited in extent. The applicant provided a photograph illustratingthe extent of views from the 12 level of the Sage Hotel (refer below):

Source: Ekistics, Planning Report dated 2 March 2016

The overlooking from the roof deck is considered to be limited due to the presence of theplanter boxes along the perimeters of the roof decks. Overlooking from apartment

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balconies/living room windows is also limited due to the extent of existing street trees andbuilt form which will minimise direct overlooking.

8.8 Traffic Impact, Access and Parking

Development should provide for the safe and convenient movement of people and theirvehicles as sought by Council Wide Objectives 68-70 and PDC 226-266. These provisionsprovide guidance with respect to the provision of car parking, bicycle parking, vehicleaccess, pedestrian movement etc.

The applicant has provided a Traffic and Transport Assessment report prepared by Cardno,with additional comments and amendments provided in response to questions raised byboth Council Administration and DPTI.

Traffic Volume

South Terrace is identified as a District Road by Council’s Smart Move Transport andMovement Strategy. A traffic count survey undertaken by Cardno confirmed that the dailytraffic volumes on South Terrace are within the range specified for a ‘district road’. Counciladministration had no concerns with regards to the traffic volumes generated by thedevelopment.

Car Parking

The table below outlines the carparking sought by the Adelaide (City) Development Planfor the proposed development:

Land Use Development PlanRequirement (TableAdel/7 On site Car ParkingProvisions)

Proposed Development

Retail (432 square metres) 3 per 100m2 (minimum): 13spaces

5 per 100m2 (maximum): 21spaces

4 spaces within thebasement assigned to thecommercial/retail tenanciesfor staff/management parking

Residential Apartments (totalnumber of 256)

N/A 319 spaces

The applicant proposes a total of 323 car parks, 32 of which are arranged in tandem mode.No parking is sought for the residential component, however a minimum of one carparkingspace is proposed for each apartment. Council administration are concerned with thenumber of on site carparking as it is inconsistent with the Smart Move strategy which isencouraging more bicycle and public transport use. The applicant responded to thisconcern:

“Significant market research, supported by local sales agents, has driven the car parkingsolution necessary for this type of product which is targeted predominately at owneroccupiers, in lieu of more inner city investors. Accordingly, we are extremely reluctant tocompromise future sales by reducing the proposed provision of parking at this stage ofthe project. Given the costs involved in providing basement parking, there is considerableincentive for the applicant to reduce the amount of parking and as previously mentioned,if the take-up of car parking spaces (during the sales period) is less than projected, theextent of the basement areas (and hence the number of car parking spaces) may bereduced (subject to a separate variation application)”.

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Whilst the Development Plan policy encourages alternative uses of transport in lieu of apersonal car, it does not discourage on site carparking either. The proposed carparking isat basement level and is not considered to compromise the high standard of amenitysought for South Terrace.

A minimum of 13 spaces and a maximum of 21 spaces are sought for the retail componentbut only four will be provided in the basement for the staff/management associated withthose tenancies. The shortfall is not considered fatal to the proposal given the location ofthe site in close proximity to the tram and on street carparking along South Terrace.

In terms of disabled carparking, Table Adel/7 On site Carparking Provisions indicates that1 car parking space for every 15 spaces should function as a car parking space suitable foruse by people with disabilities and other people with small children and prams, (ie a totalof some 22 spaces). The proposed development includes 1 disabled carparking space perlevel (total of 3) which more than satisfies the minimum requirements as set out by theBuilding Code of Australia. Council administration are seeking the minimum requirementof the Development Plan.

Whilst the proposal does not satisfy the number of disabled carparking spaces as soughtby the Development Plan, a total of three spaces is considered sufficient in this instancegiven the ‘private’ nature of the development. In addition, given the number of on sitecarparking spaces, there is some flexibility around providing additional disabled spaceswhere there is demand.

Standard Vehicle Access

Access to the basement carpark will be via Downer Place with a driveway of 6.1 metres atthe building line and kerb line. To ensure a safe sightline distance, a corner splay of 2metres by 2.5 metres on the southern side of the access is proposed. All internal rampshave a maximum grade of 1:5 and include grade transitions of 1:8 or 1:10 over 2 metresat the base and crest of the ramp. The minimum height clearance provided throughout thecar parking area is 2.3 metres. The ramps and height clearances satisfy the AustralianStandard AS2890.1:2004 requirements.

Waste Collection

Two loading and waste collection areas are proposed for the site:

A loading and waste collection area is provided for the south tower and retailcomponent of the development, located on the south west corner of the groundfloor, with access via Downer Place. This loading area has been designed to caterfor vehicles up to 8 metres in length.

A loading and waste collection area for the northern residential tower is provided inthe north-west corner of the ground floor, with access from Downer Place. Thisloading area has been designed to cater for vehicles up to 8.8 metres in length.

Concerns were raised by Council administration around the movement into and out of thezones are restrictive with minimal clearances. The applicant demonstrated that themanoeuvring clearances are in accord with the Australian Standard 2890.2.

In addition, there were concerns raised by Council administration in relation to risks topedestrians and children using Downer Street as a service lane. The applicant has indicatedthat the loading management plan will consider restricting vehicle access to the loadingareas to times outside of likely school travel periods. A condition has been recommendedto reinforce this offer by the applicant.

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Bicycle Parking

Bicycle parking as per table Adel/6 Bicycle Parking Provisions require a total of 256 bicycleparks for the residential component plus 26 for visitors, and approximately 1 for thecommercial/retail component plus 1 for visitors. A dedicated bicycle parking on groundlevel with access off Downer Place is proposed to accommodate a total of 256 bicyclespaces for the residents. A total of 15 bicycle park spaces will be provided in publicallyaccessible areas on site for visitors and the proposed retail land uses. This is a total shortfallof some 13 bicycle spaces (4.5%). This shortfall is considered relatively minor given thesubstantial and easily accessible bicycle parking provision proposed for the development.

Pedestrian Network

South Terrace is identified as a Major Walking route on the ACC Pedestrian Network (Adel/1(Overlay 2). The proposed development has proposed all vehicle access points off DownerPlace to maintain an uninterrupted pedestrian route.

8.9 Public Realm and Pedestrian Amenity

The Development Plan seeks active and engaging uses at ground floor level to providesurveillance over the public realm and interest for pedestrians. Objective 4 of the CityFrame Zone requires a high quality public realm that promotes walking, cycling, publictransport patronage and social interaction.

The proposal includes a pedestrian walkway along the eastern side of the site; this spaceis separated from the resident’s ‘private’ courtyard via visually permeable screening. It isintended that this walkway will be open to the public for the majority of the time; however,this may be reviewed as residents start to live and occupy the development.Notwithstanding, the proposal will incorporate other public realm improvements; namely:

New footpaths along Downer Place and Delhi Street (immediately along the sitesfrontages)

Pedestrian shelter along South Terrace, albeit that it is within the property boundary Ground floor levels which match the level of the footpath Retail tenancies along South Terrace providing interest and promoting social

interaction.

Overall, the proposal will offer an interesting pedestrian environment and a ground levelof South Terrace which integrates with the Park Lands.

8.10 Environmental Factors

8.10.1 Crime Prevention

The applicant has indicated that the design of the development has sought to ‘design outcrime by creating a physical environment that discourages illegitimate behaviour andfosters feelings of safety and security’. The potential for unacceptable behaviour aroundthe walkway is a concern raised by the representor.

To address this issue, the following features/measures are incorporated and relevant: Clear sightlines through and around the development including surveillance over

the public and private courtyard. Use of lighting throughout the development Installation of CCTV in key locations including the public walkway and basement

carpark

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Inclusion of a wide public walkway along the eastern boundary which isunobstructed and offers clear sightlines

A secure basement carpark which will not be accessed by the public Secure building entrances for residents at either end of the development to provide

activation at both the northern and southern boundaries Activation via the retail tenancies along South Terrace Use of suitable landscaping which includes a combination of low ground level

planting and higher tree canopies for unobstructed views An on site caretaker to monitor safety and security issues.

The proposal sufficiently meets the intent of the relevant policy in abating crime relatedactivities.

8.10.2 Noise Emissions

An Environmental Noise Assessment Report prepared by Sonus on behalf of the applicantrecommended the following treatments and arrangements for the development to provideoccupants with an appropriate acoustic amenity:

Masonry wall construction Glazing to living areas (other than bedrooms) in the south wing on Level 1 to be

constructed from 10.38 mm thick laminated glass 6.38 mm thick laminated glazing of apartments in all other areas All façade glazing and any sliding door elements should be fitted with seals that seal

the window or sliding door airtight when closed; and That deliveries and waste collection be managed so as not to occur during the

following times: after 10.00 pm and before 7.00pm, Monday to Saturday; andbefore 9.00 am on a Sunday or Public Holiday.

Council administration raised a concern with the noise associated with rubbish collectiondue to the multiple collections during the week. However, the deliveries and wastecollection will not occur during noise sensitive hours, (as outlined above).

With respect to mechanical plant, the plant and equipment will be enclosed to minimisenoise transfer. In any event, a condition is recommended to ensure that noise generatedby plant areas are managed in accord with the Development Plan policy and relevantEnvironment Protection (Noise) Policy.

8.10.3 Waste Management

Leigh Design has been engaged by the applicant to provide a waste management plan forthe project.

Each apartment level will have access to a waste and recycling chute which will then bedischarged into the relevant waste bins in a waste room on the ground floor. Sufficientwaste storage areas have been allocated for the anticipated stream to be generated.

Ground level dwellings and retail tenancies will be required to take refuse into these roomsfor disposal.

A private contractor will be engaged to collect throughout the week. In terms of theresidential component of the development, a total of 6 collections per week for garbage; 6collections per week for recyclables and 6 collections per week for organics. The retailcomponent will require 3 collections per week for garbage, 3 collections per week for

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recyclables and 3 collections per week for organics. This will be reviewed over time by theon-site manager.

Separate waste storage space has been allocated for the disposal of the organic matterand for large bulky items/hard waste. Green landscaping waste will be managed by aseparately engaged landscaping maintenance contractor.

8.10.4 Energy Efficiency

Arup were engaged by the applicant to provide an assessment of the level of energyefficiency and sustainability for the development. The report concluded that the apartmentswill achieve a minimum 6 star rating. Other features include:

Floor plates which maximises access to northern light and minimises the number ofwest and south facing apartments

Small tower floor plates to enable a high number of dual facing apartments Recessed balconies for shelter and weather protection All living areas and bedrooms have access to natural ventilation and daylight (no

borrowed light) Glazed door and windows at the end of some corridors to allow for natural light Water tanks to capture roof drainage.

The proposal sufficiently satisfies the intent of the relevant policy framework.

8.10.5 Wind Analysis

The applicant engaged Vipac to undertake an analysis of the wind conditions anticipatedto be generated by the proposed development. Vipac concluded that the ground levelfootpath and building entrances will be expected to have wind conditions within therecommended criteria for walking and standing respectively. With regards to the outdoorseating areas (south eastern corner of the site) and roof terrace at Level 3 of the northerntower, the following has been recommended to create conditions which satisfy therecommended criteria:

Ground Level: porous windscreen/box planters in specific locations Roof Terrace at Level 3: installation of a canopy in a specific location.

The applicant has proposed box planters as per the recommendation above. In addition,canopies have been shown on the plans in the locations recommended by Vipac.

8.11 Site Contamination

Information regarding potential site contamination has not been provided as part of theapplication. This being the case, it is recommended that, in the event of a consent beinggranted the proposal, the potential for site contamination and remedial action be reservedfor further assessment.

8.12 Affordable Housing

New development comprising 20 or more dwellings should include a minimum of 15 percentaffordable housing that is integrated into residential and mixed use development andcomprises a range of affordable dwelling types that caters for a variety of householdstructures (CW Overlay 1 - Affordable Housing, Objectives 1, 3 and PDC 3).

The proposal is not seeking to enter into an affordable housing agreement with RenewalSA. Ekistics, on behalf of the applicant, has indicated in response to this policy:

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“While the project does not propose to deliver affordable housing through a formalhousing agreement, the project aims to pitch its product to a wide range of purchasers,and will be offering a number of apartments (estimated at 14-20%) at or below $400,000.While this is marginally above the current ‘affordable housing’ price limit of $350,000,the lower end apartment range offered within the City Park development is,comparatively, very affordable for city apartment living.”

Although it is intended to offer close to an affordable housing product, the proposal doesnot satisfy the affordable housing policy.

9. CONCLUSION

The proposal is considered to satisfy policy regarding land use, design and appearance,heritage and apartment amenity. It is seen that it will not unreasonably impact itsneighbours by way of overlooking, overshadowing, wind and other potential externalities.Technical issues have been adequately resolved or can be addressed via conditions.

The proposed building height, whilst greater than the maximum envisaged within the CityFrame Zone, is supported by catalyst site provisions. It is considered that this also achievesan appropriate transition to the adjacent City Living Zone.

The absence of affordable housing perhaps constitutes the departure from relevant policyof greatest significance. It is accepted, however, that this can be mitigated by the actualprice point at which apartments are offered and, therefore, this is not considered fatal tothe proposal.

On balance, it is ultimately considered that the proposal warrant planning consent subjectto a reserve matter regarding site contamination and conditions.

10. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policiesin the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that the proposalmeets the key objectives of the City Frame Zone.

3) RESOLVE to grant Development Plan Consent to the proposal by GreenbeltDevelopment P/L for demolition of the existing building and construction of a mixeduse development comprising apartments with ground level retail/commercial activities,together with basement carparking and landscaping at 216-224 South TerraceAdelaide subject to the following reserve matter and conditions of consent.

RESERVE MATTERS

1. Pursuant to Section 33(3) of the Development Act 1993, the following matters shallbe reserved for further assessment, to the satisfaction of the Development AssessmentCommission, prior to the granting of Development Approval:

1.1 potential site contamination through the provision of a Preliminary SiteInvestigation Report prior to commencement of sub-structure works upon thesite.

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PLANNING CONDITIONS

1. That except where minor amendments may be required by other relevant Acts, or byconditions imposed by this application, the development shall be established in strictaccordance with the details and following plans submitted in Development ApplicationNo 020/A013/16.

Plans by Woods Bagot:

Basement Plans A2200 – A2202 Ground Plan A2303 Level 1-Level 17 Plan A2204 – A2213 Roof Plan (southern tower) A2214 North Elevation A3200 East Elevation A3201 South Elevation A3202 West Elevation A3203

Reports/Correspondence

Planning Report by Ekistics dated 2 March 2016Wind Assessment by Vipac dated 22 February 2016Energy Efficiency Statement by Arup dated 25 February 2016Noise Report by Sonus dated 16 February 2016Heritage Impact Statement by DASH Architects dated 16 February 2016Traffic and Transport Assessment Report by Cardno dated 1 March 2016Waste Management Plan by Leigh Design dated 18 February 2016Landscape Design by TCL dated 17 February 2016Letter (with attachments) dated 5 May 2016 from EkisticsEmail dated Friday 20 May 2016 by Ekistics

2. The height of the façade panels on the west elevation shall achieve 5 metres clearanceabove Downer Place.

3. The finished floor level of the ground floor level at the entry point to the developmentshall match the existing footpath unless otherwise agreed to by the DevelopmentAssessment Commission.

4. All external lighting of the site shall be designed, located, shielded and constructed toconform with Australian Standards.

5. All stormwater design and construction shall be in accordance with AustralianStandards and recognised engineering best practices to ensure that stormwater doesnot adversely affect any adjoining property or public road.

6. The on-site Bicycle Parking facilities shall be designed in accordance with AustralianStandard 2890.3-1993 and the AUSTROADS, Guide to Traffic Engineering Practice Part14 – Bicycles.

7. A Construction Environment Management Plan (CEMP) shall be prepared andimplemented in accordance with current industry standards – including the EPApublications “Handbook for Pollution Avoidance on Commercial and Residential BuildingSites – Second Edition” and “Environmental Management of On-site Remediation” – tominimise environmental harm and disturbance during construction.

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The CEMP must incorporate, without being limited to, the following matters:

a. air quality, including odour and dustb. surface water including erosion and sediment controlc. soils, including fill importation, stockpile management and prevention of soil

contaminationd. groundwater, including prevention of groundwater contaminatione. noise

For further information relating to what Site Contamination is, refer to the EPAGuideline: 'Site Contamination – what is site contamination?'.

A copy of the CEMP shall be provided to the Development Assessment Commissionprior to the commencement of any site works.

8. Mechanical plant or equipment shall be designed, sited and screened to minimise noiseimpact on adjacent premises or properties. The noise level associated with thecombined operation of plant and equipment such as air conditioning, ventilation andrefrigeration systems when assessed at the nearest existing or envisaged noisesensitive location in or adjacent to the site shall not exceed: 50 dB(A) during daytime (7.00am to 10.00pm) and 40 dB(A) during night time

(10.00pm to 7.00am) in or adjacent to a Residential Zone or the Park Lands Zonewhen measured and adjusted in accordance with the relevant environmental noiselegislation except where it can be demonstrated that a high background noiseexists.

9. Servicing and collection of waste for the site shall only occur between 7am and 10pmMonday to Saturday and 9am and 10pm Sunday and Public Holidays.

ADVISORY NOTES

a. The development must be substantially commenced within 3 years of the date of thisNotification, unless this period has been extended by the Development AssessmentCommission.

b. The authorisation will lapse if not commenced within 3 years of the date of thisNotification.

c. The applicant is also advised that any act or work authorised or required by thisNotification must be completed within 5 years of the date of the Notification unlessthis period is extended by the Commission.

d. The applicant has a right of appeal against the conditions which have been imposedon this Development Plan Consent or Development Approval. Such an appeal must belodged at the Environment, Resources and Development Court within two months fromthe day of receiving this notice or such longer time as the Court may allow. Theapplicant is asked to contact the Court if wishing to appeal. The Court is located inthe Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 82040289).

Environmental

e. The applicant is reminded of its general environmental duty, as required by Section 25of the Environment Protection Act 1993, to take all reasonable and practical measuresto ensure that the activities on the whole site, including during construction, do notpollute the environment in a way which causes or may cause environmental harm.

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

g. EPA information sheets, guidelines documents, codes of practice, technical bulletinsetc can be accessed on the following website: http://www.epa.sa.gov.au.

Construction

h. The applicant should ensure there is no objection from any of the public utilities inrespect of underground or overhead services and any alterations that may be requiredare to be at the applicant’s expense.

i. As work is being undertaken on or near the boundary, the applicant should ensure thatthe boundaries are clearly defined, by a Licensed Surveyor, prior to thecommencement of any building work.

j. An Encroachment Permit will need to be separately issued for the proposedencroachment into the public realm when Development Approval is granted. Inparticular your attention is drawn to the following: An annual fee may be charged in line with the Encroachment Policy. Permit renewals are issued on an annual basis for those encroachments that attract

a fee. Unauthorised encroachments will be required to be removed.

k. Pursuant to Regulation 74, the Council must be given one business day's notice of thecommencement and the completion of each stage of the building work on the site. Tonotify Council, contact City Services on 8203 7332.

l. The proponent may need to obtain approval under the regulations for any equipmentor cranes to be used on site that will intrude into prescribed airspace before enteringinto a commitment to construct any building at the site.

m. Please contact Council to seek approval for the detailed design associated with thejunction of the proposed on-site walkway and Delhi Street.

CONCETTA PARISISENIOR PLANNING OFFICERDEVELOPMENT DIVISIONDEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE