development assessment panel thursday, 27 august 2015 at ......sides of the facility, 2.4m high...

City of Onkaparinga Development Assessment Panel 27 August 2015

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Development Assessment Panel

Thursday, 27 August 2015 at 7pm

Council Offices Noarlunga Centre

Panel members Bill Chandler, Presiding Member

: Greg Olbrich

: Grant Halstead

: Debra Arnold

Darryl Parslow

Apologies Bill Jamieson Judith Urquhart

Officers

: Renée Mitchell, Manager Development Services

: Anthea Marshall, Development Officer (Planning) Michael Gachet, Development Officer (Planning) Mark Kwiatkowski, Senior Development Officer (Planning)

1. Opening of meeting and apologies 3

2. Minutes of previous meeting held 6 August 2015 3

3. Items for hearing and a decision 5

3.1 145/380/2015 Mr D Hay on behalf of Daly International 5

3.2 145/808/2015 Ekim Properties Pty Ltd 83

3.3 145/3602/2014 Mr D Thompson 159

3.4 145/1189/2015 Beresford Estate No 2 Pty Ltd 213

3.5 145/802/2015 Beresford Estates Pty Ltd 259

4. Items for decision only 333

5. Outstanding matters - (appeals and deferred items) 333

5.1 Deferred Items (information only) 333

5.2 Appeal Items (information only) 333

6. Other business 334

6.1 Matters for referral 334

6.2 Annual Report of the Development Assessment Panel 2014-15 337

7. Closure 367


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1. Opening of meeting and apologies

2. Minutes of previous meeting held 6 August 2015


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3. Items for hearing and a decision

3.1 145/380/2015 Mr D Hay on behalf of Daly International

Proposal Telecommunications facility, incorporating 30m tall monopole supporting Vodafone and Optus panel antenna, equipment shelter with dimensions 3.1m long x 2.3m wide x 2.7m maximum height, perimeter retaining walls up to 2.1m in height on the north, south and west sides of the facility, 2.4m high chainmesh security fence and landscaping.

Address Allot 334 Sec 650 David Crescent, Christie Downs

Zone/Policy Area Residential Zone

Assessment type Merit

Public notification Category 3

Representors to be heard

Mrs D Archer Mr G and Mrs J Rieger Mrs S Thomas

Referrals N/A

Recommendation: Approval

Report author Anthea Marshall (Development Officer – Planning) Phone: 08 8384 0666 Email: [email protected]

1. Summary of proposal

1.1. Assessment report information

1.1.1. Appendix 1 – Aerial locality map

1.1.2. Appendix 2 – Detailed planning assessment

Please note that due to federal copyright law restrictions, attachments associated with the proposed development are available on our website for viewing only and are locked for printing or copying.

1.2. Documentation provided as attachments to the report:

1.2.1. Plans and supporting documents

1.2.2. Representations received

1.2.3. Applicant’s response to representations

mailto:[email protected]


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1.3. Description of proposal

Telecommunications facility, incorporating 30m tall monopole supporting Vodafone and Optus panel antenna, equipment shelter with dimensions 3.1m long x 2.3m wide x 2.7m maximum height, perimeter retaining walls up to 2.1m in height on the north, south and west sides of the facility, 2.4m high chainmesh security fence and landscaping.

2. Site details

2.1. Subject land

The subject land is formally known as Allotment 334 Section 650 David Crescent, Christie Downs. The land is small in size and irregular in shape. The land is located immediately south of the intersection of the Southern Expressway (the expressway) and Flaxmill Road. The narrow piece of land straddles the expressway, so as to incorporate the bikeway and steep road verge areas on either side of the carriageway.

The site of the proposed development is located in a portion of the subject land which is directly east of the expressway. The development site is substantially higher than the level of the expressway, with a 1 in 3 grade sloping down toward the road from both the east and west sides.

The site was revegetated with ground covers and low shrubs as part of recent duplication works to the expressway.

2.2. Locality

The locality of the development is considered to be the area from which the proposed facility will be able to be readily seen. The extent of the visual impact of the monopole and antennas will be at its greatest within a core area, predominantly the expressway and Flaxmill Road intersection, which is at the heart of the locality. The proposed facility will however be visible from many places to varying degrees, dependent upon intervening structures in the locality. The relevant locality is considered to include the intersection of the expressway and Flaxmill Road and extend to the following:

the southern portion of Perth Place to the north-west

Olga Court to the north-east

the eastern side of Ansbert Street to the south-west

the northern half of the properties on the western side of Felix Crescent and land surrounding the council reserve on David Crescent, bordered by Bertrand Street and Isabella Road.

The locality is heavily dominated by the intersection of the expressway and Flaxmill Road. Both roads carry large volumes of traffic on a daily basis, with the expressway being a primary arterial road, and Flaxmill Road a collector road.

Residential land uses exist in each corner of the intersection of the expressway and Flaxmill Road. The built form within the residential areas of the locality is considered to be dominated by low density single storey detached dwellings.


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3. Type of assessment

Type Merit

Applicant appeal opportunity Yes

Development Plan version Consolidation date 14 August 2014

4. Public notification

Category Category 3

Reason Section 38(2)(c) of the Development Act 1993

Representations to be heard Mrs D Archer Mr and Mrs Rieger Mrs S Thomas

Representations not being heard Mr E Santos

Third party appeal opportunity Yes

5. Referrals

5.1. Agency referrals

Nil

5.2. Internal referrals

Nil

6. Assessment summary

6.1. Land Use

Council‟s Development Plan indicates telecommunications facilities to be essential infrastructure. This is outlined within the General Section, Infrastructure, Principle of Development Control (PDC) 1. This provision identifies telecommunications as being a minimal requirement not unlike electricity, water, sewer, roads or gas.

The applicant has identified a need for an improved telecommunications facility in the locality as a result of a commitment to deliver improved mobile telephone services to the Australian population. The applicant has advised that the existing network is unable to cater for future demands.

The general intent of the Residential Zone is to provide a range of dwelling types, in conjunction with some small scale non-residential uses that serve the local community. The proposed telecommunications facility will serve the local community, however, this provision is considered to be aimed more specifically at small shops and offices, rather than infrastructure.


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Council Wide Telecommunications Facilities PDC 1 outlines that telecommunications facilities are preferred within industrial, commercial, business, office, centre and rural zones. This allows for some separation from sensitive residential uses, whilst also being within a reasonable proximity to the community they serve.

Telecommunications Facilities are not listed as non-complying forms of development within the Residential Zone under any circumstance, whereas they are listed as non-complying within various other zones within the Development Plan.

The telecommunications facility is sited within the road verge alongside the expressway which will have minimal implications upon the ongoing functionality of the zone. The small portion of the land where the facility has been proposed is currently vegetated road verge area. This allows for some meaningful separation from sensitive residential uses, whilst also being within a reasonable proximity to the community it is intended to serve.

6.2. Character

The character of the locality is varied. At the heart of the locality is the intersection of the expressway and Flaxmill Road, and surrounding that the character is dominated by primarily single storey detached dwellings. Council‟s Development Plan does not indicate any distinct character in this locality that warrants any special consideration or poses any unique characteristics.

General Section Telecommunications Facilities PDC 4 outlines that telecommunications facilities should not have a direct or significant effect on the amenity, character and settings of Historic Conservation Areas, local heritage places, State heritage places or State heritage areas. As outlined above, the immediate area is not located within a historic conservation area, and the closest State and/or local heritage items are located on the southern side of Flaxmill Road approximately 600m east of the subject site. This item is considered to be outside of the locality and the sphere of influence.

The introduction of the telecommunications facility is not considered to unreasonably impact upon the desired character of the expressway, along which there are already many vertical intrusions into the skyline, such as light poles and existing telecommunications towers. The expressway will continue to function at its current high level capacity.

Within the outer areas of the locality there are limited vertical intrusions into the skyline, save for street lighting and trees. The maximum height of any of these elements would not exceed seven or eight metres, and to this end, the structure is not considered to reflect the existing built form in these areas.

Notwithstanding the visibility of the monopole due to its height, it will be a single structure against the skyline that will adequately minimise its impact as viewed from a distance. Siting the tower in this location allows for some separation from existing residential dwellings, and positions the proposal alongside the expressway where the character is utilitarian.

6.3. Amenity

The level of amenity in the surrounding locality is considered to be moderate as a result of the visual and noise impacts of the high order road network at the heart of the locality.


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The Environment, Resources and Development (ERD) Court has outlined in previous cases (most notably within DAC v 3GIS PTY LTD) „That the effect on visual amenity is not the only matter relevant to the planning assessment. The Plan recognises that in certain circumstances there will be a need for a telecommunications facility in the general area or in a particular location‟.

The proposed slimline monopole is 30m high and 1m in diameter at ground level. The facility is designed to support three Vodafone panel antennas at the top of the pole, three Optus panel antennas slightly lower on the pole, and beneath that will the associated infrastructure for both Vodafone and Optus. The panel antennas and associated equipment will be mounted as close as is practicable to the pole in order to minimise their visual impact.

The monopole is proposed to be painted colorbond windspray, which is a neutral grey colour with a blue undertone, in a matt finish. The equipment shelter will be painted colorbond pale eucalypt, which is a mid-green colour.

Additional landscaping is proposed around the perimeter of the development to screen the equipment shelter and retaining walls. The planting comprises 28 new plants of a variety of species, which range from 1m in height up to a maximum 20m in height.

Temporary crane access will be required on the adjacent council reserve in order for construction of the development to occur. The applicant has advised that once development approval is finalised the build contractor will request the necessary permits from council for temporary access.

For ongoing maintenance purposes the facility will be accessed via Department for Planning Transport and Infrastructure land at the eastern end of David Crescent. The applicant has advised that maintenance will not require the use of council land, and will occur no more than five times per year.

Notwithstanding the visual prominence of the proposed facility, it is considered that the visual impacts have been minimised as much as possible by way of the siting of the tower alongside the expressway, the relatively slim line form, the neutral colouring, and the additional landscaping around the base of the tower. The combination of these elements is considered to ensure that the tower will have the least impact on residential amenity as possible.

6.4. Alternative Sites

The applicant has identified that several development sites have been investigated prior to lodging this development application. The applicant considered siting the facility in the following alternative locations:

shopping Centre, 9 Midhurst Avenue, Christies Downs

expressway land, north of junction with Flaxmill Road

co-location with existing 3GIS utility pole, north side of Flaxmill Road

council reserve adjacent railway, allotment 278 Sec 635 Osmund Crescent, Christie Downs.

The subject site was considered the preferred option when taking into account local context, land forms and vegetation. The subject site achieves the required coverage objectives while minimising the visual impacts on the surrounding area.


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The service provider has adequately displayed that they have considered alternative sites, however, none presented themselves to be as acceptable as the subject site.

6.5. Public Notification

The proposal was determined to be a category 3 form of development pursuant to the Development Regulations 2008.

Four representations were received and the following issues were raised:

visual impact

health impacts

property devaluation

alternate locations.

The applicant‟s response is summarised as follows:

Visual Impacts

All measures have been included to minimise the visual impact of the proposal, particularly when the technical requirements dictate the height of the facility. The facility is a slimline design solution, with the antennas and associated equipment mounted as close as possible to the monopole to reduce the visual impact of the structure. Appropriate colours are proposed, and additional landscaping has also been provided to screen the base of the development.

Health Impacts

Telecommunication facilities emit and receive electromagnetic energy (EME) to transmit and receive information. The EME levels emitted are very low and in the case of the subject proposal, are estimated to be a maximum of 1.38% of the exposure limits mandated by the Australian Communications & Media Authority.

At the level mandated, there is no scientifically substantiated evidence to suggest that EME causes health effects.

Property Values

There will be no physical impediment imposed on neighbouring properties, and there is no evidence to show that mobile phone installation has a negative impact on property value. Nonetheless, the proposed facility is designed and landscaped to minimise the visual impact on the landscape.

Alternative Locations

Five candidate sites were identified and investigated as part of the site selection process. The rationale for discounting each alternative candidate is outlined in the original development application documents. In summary, the subject land maintains the greatest separation from residential land uses and achieves the coverage objectives required for the site.

The applicant has provided a satisfactory response to the representations received, noting that the Environment, Resources and Development Court has found in several cases that based on present knowledge, there is no basis to conclude that a telecom tower will emit EME‟s at a level that have any harmful effects on human beings.


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Furthermore, Development Plans and the South Australian planning system do not specifically reference land or property values, and it is generally accepted that property values are not a relevant factor within a planning assessment.

6.6. Conclusion

Council‟s Development Plan generally seeks for telecommunications facilities to be located within centre zones where there can be some separation from existing residences. However, it is considered that the topography of the land in the subject locality provides meaningful separation between the tower site and surrounding residential properties.

Council‟s Development Plan identifies telecommunications facilities as essential infrastructure not unlike electricity, water, sewer, roads or gas.

The approach taken when assessing the visual impacts of the structure is similar to the approach adopted by the courts, which acknowledges that structures associated with telecommunications infrastructure generally do not provide any visual benefit or complement the local environment. However, providing that all attempts to mitigate visual impacts are adopted, a need established, and a demonstrated consideration of alternative sites, then the community‟s need for such essential infrastructure takes precedence over amenity impacts.

The proposed development is not considered to be seriously at variance with, and sufficiently satisfies the relevant provisions of the Development Plan and warrants Development Plan Consent.

7. Recommendation

It is recommended that the Development Assessment Panel:

1. RESOLVE that the proposed development is not seriously at variance with, and sufficiently satisfies, the provisions of the Development Plan.

2. RESOLVE to GRANT Development Plan Consent to development application 145/380/2015 for a telecommunications facility incorporating 30m tall monopole, equipment shelter, 2.4m high chainmesh fence, retaining walls up to 2.1m in height and landscaping at Allot 334 Sec 650 David Crescent, Christie Downs, subject to the following conditions and advisory notes:

Conditions

1. The development shall be completed and maintained in accordance with the plans and documents submitted with and forming part of the development application, except where varied by the following conditions.

2. That the landscaping as detailed in plans numbered 5233-G6 dated 29 April 2015, shall be established within six months of the telecommunications facility being constructed and shall be maintained in good condition at all times. Any seriously diseased, dying or dead vegetation shall be promptly replaced to the satisfaction of council.

3. Graffiti shall be removed from any structure on the site at the cost of the applicant or owner within 2 business days of the graffiti being placed on the structure.


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Notes

4. You are further advised that Building Rules consent is required for the application pursuant to the Development Act 1993.


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Appendices

Development application 145/380/2015 for Mr D Hay on behalf of Daly International

1. Aerial Site Map

2. Aerial Locality Map


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3. Aerial Representor Map

1 Mr Ezildo Santos, 13 Perth Place, Christie Downs

2 Mr G and Mrs J Rieger, 37 Felix Crescent, Morphett Vale

3 Mrs D Archer, 32 Felix Crescent, Morphett Vale

4 Mrs S Thomas, 30 Felix Crescent, Morphett Vale

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2

3

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4. Detailed Planning Assessment

Summary of relevant Development Plan General Section provisions

Telecommunications Facilities

Primary Objectives

1. Telecommunications facilities provided to deliver communication services to the community.

2. Telecommunications facilities sited and designed to minimise visual impact on the amenity of the local environment.

Primary Principles of Development Control

1.Telecommunications facilities should:

(a) be located in a co-ordinated manner to deliver communication services efficiently

(b) use materials and finishes that minimise visual impact

(c) have antennae located as close as practical to the support structure

(d) be located primarily in industrial, commercial, business, office, centre and rural zones

(e) where technically feasible, be co-located with other telecommunications facilities

(f) incorporate landscaping to screen the development, particularly equipment shelters and huts

(g) be designed and sited to minimise the visual impact on the character and amenity of the local environment, in particular visually prominent areas, main focal points and significant vistas.

2. Telecommunications facilities in areas of high visitation and community use should use innovative design techniques (eg sculpture and other artworks) where possible and where the resulting design would positively contribute to the character of the area.

3. Telecommunications facilities should be located in residential zones only if sited and designed to minimise visual impact by:

(a) using existing buildings and vegetation for screening

(b) incorporating the facility within an existing structure that may serve another purpose

(c) taking into account the size, scale, context and characteristics of existing structures, landforms and vegetation so as to complement the local environment.

4. Telecommunications facilities should not have a direct or significant effect on the amenity, character and settings of Historic Conservation Areas, local heritage places, State heritage places or State Heritage Areas

Objectives 2

Telecommunications facilities sited and designed to minimise visual impact on the amenity of the local environment.

Satisfied – Yes

The applicant has demonstrated a need for additional service within this area and has adequately attempted to reduce the visual impact of the structure by locating it alongside the expressway where the topography of the land in the locality provides meaningful separation between the tower site and surrounding residential properties.


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Furthermore, the proposed monopole and antennas are of slim line design, suitable colours have been proposed and additional vegetation will be provided at the base of the development.

Principles of Development Control PDC 1

Telecommunications facilities should:

(a) be located in a co-ordinated manner to deliver communication services efficiently

(b) use materials and finishes that minimise visual impact

(c) have antennae located as close as practical to the support structure

(d) be located primarily in industrial, commercial, business, office, centre and rural zones

(e) where technically feasible, be co-located with other telecommunications facilities

(f) incorporate landscaping to screen the development, particularly equipment shelters and huts

(g) be designed and sited to minimise the visual impact on the character and amenity of the local environment, in particular visually prominent areas, main focal points and significant vistas.

Satisfied – Yes

The proposal is for a shared facility servicing both Vodafone and Optus, and therefore is considered to be delivered in a coordinated manner. Furthermore, the applicant has identified a need for the service within this area.

The applicant has adequately attempted to reduce the visual impact of the structure through utilising a slim line pole, colouring it neutrally, and locating the antennas and associated infrastructure as close to the pole as practical. Further to this, additional landscaping has been included as part of the proposal.

The support structure is located just south of the proposed antennae and this separation distance is considered acceptable.

The facility is located in the Residential Zone which is generally not desired; however the topography of the land in the locality provides meaningful separation between the development site and surrounding residential properties.

The applicant has advised that there are no existing structures in the wider area on which the facility could be co-located and the network objectives for the site met. However, the proposed facility is itself being utilised by both Vodafone and Optus.

The proposal includes additional landscaping around the base of the development.

The height and form of the structure have been proposed in order for the telecommunications facility to meet the minimum technical requirements of the service provider. As outlined above, the applicant has attempted to minimise the visual impact of the proposal as much as possible through appropriate siting and design. In addition to this, the proposal is not considered to be sited in a visually prominent area or main focal point of significant vista.

Principles of Development Control PDC 3

Telecommunications facilities should be located in residential zones only if sited and designed to minimise visual impact by:

Satisfied – Yes

The proposed facility is located in the Residential Zone; however suitable separation is achieved from nearby residential properties by locating the tower in the vegetated road reserve on the eastern side of the expressway.


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(a) using existing buildings and vegetation for screening

(b) incorporating the facility within an existing structure that may serve another purpose

(c) taking into account the size, scale, context and characteristics of existing structures, landforms and vegetation so as to complement the local environment.

Undulating terrain in the locality assists to ameliorate the visual impact of the proposal within the wider locality.


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Summary of relevant Residential Zone provisions

Primary Objectives:

1. A residential zone comprising a range of dwelling types, including a minimum of 15 per cent

affordable housing.

2. Increased dwelling densities in close proximity to centres, public transport routes and public

open spaces.

3. Development that contributes to the desired character of the zone.

Desired Character

It is essential that all development within the zone establishes and maintains it as an attractive place in which to live and where the residential use of land is the primary function. Non-residential uses will be

minor in scale and nature to serve the needs of the local community, or ancillary or incidental to the residential use of the land. Such non-residential uses will only be undertaken in a manner which does

not adversely impact upon the amenity of the locality in which it is situated or on residential lifestyle

enjoyed by the occupiers of other land within the zone.


1 The following forms of development are envisaged in the zone:

affordable housing

domestic outbuilding in association with a dwelling

domestic structure

dwelling

dwelling addition

small scale non-residential use that serves the local community, for example:

- child care facility

- health and welfare service

- open space

- primary and secondary school

- recreation area

- shop, office or consulting room

supported accommodation.

2 Development listed as non-complying is generally inappropriate.

Objectives

Objective 1 and 2

Satisfied - No

The proposal is not for a dwelling or associated domestic

structure as the Objectives of the Development Plan seek. The proposal is however for essential services as identified by the

Environmental, Resources and Development Court and

Council‟s Development Plan. These forms of development are rarely sought within any zone; however they are required to

serve the local community and are considered a necessity, with some amenity implications unavoidable.

Principles

PDC 1 and 2

Satisfied - Yes

The proposal is considered to be a non-residential use that serves the local community, and is not a non-complying form

of development in the Residential Zone.


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3.2 145/808/2015 Ekim Properties Pty Ltd

Proposal Construction of a service trade premises (landscaping and building supplies) with associated warehouse, shed, canopies, office, signage, carpark, entry wall, masonry storage bays, and landscaping

Address 38-40 Cottage Lane, Hackham

Zone/Policy Area Industry Zone




Richard Andrews

Referrals Technical Services


Report author Michael Gachet, Development Officer (Planning) Phone: (08) 8384 0529 Email: [email protected]












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The applicant proposes to establish a service trade premises on a vacant allotment located at 38-40 (allot 241) Cottage Lane, Hackham. The proposed development will be constructed over two stages, with stage one including the construction of a warehouse with attached canopy, driveway and carparking areas, sand and metal storage bays, stormwater management system, civil works and landscaping. Stage two will include the construction of an office building and shed with attached canopy.

The subject land will be used for the warehousing and storage of building supplies to service trade clientele. The site will operate as secondary premises for „Budget Landscaping and Building Supplies‟, that currently operates a retail business from 9 Commercial Road, Sheidow Park.

The operations to be carried out on the site include the bagging of building supplies, landscaping products and sand and metal, which is then stored in the warehouse. Sand and metal will also be stored in 1.8m high masonry bays and distributed on the site.

The northern portion of the allotment will contain the majority of the built form, and includes a 1,032sq m warehouse with attached 239sq m canopy, located 29m from the northern boundary to Cottage Lane. A 125sq m office will be constructed in front of the warehouse, with a 108sq m bagging shed to the rear. The warehouse and shed will be connected by an 81sq m canopy.

A bitumen driveway adjacent to the eastern side boundary will provide sealed access to the sand and metal storage areas on the southern portion of the allotment, with a bitumen driveway and carpark to the south and west of the warehouse and office. A landscaped product display area is located between the carpark and western side boundary.

The proposed development also includes free-standing signage adjacent to the front boundary, and attached signage to the front elevation of the warehouse. A curved gabion stone entry wall will be constructed either side of a new driveway cross-over from Cottage Lane.

2. Site details

2.1. Subject land

The subject land is located at 38-40 (allot 241) Cottage Lane, Hackham, as identified within Certificate of Title Volume 5866 Folio 995. The allotment is rectangular in shape, with a width of 73.83m and a depth of 206.6m for a total area of approximately 1.53 hectares.

The subject land is currently vacant, and has a gradient from the south-east rear corner diagonally across the allotment down to the north-west front corner of approximately 8.7m over 217m, or 1 in 25. The subject land is bounded by Cottage Lane to the north, three allotments containing workshops and motor repair stations to the south, two allotments to the east containing motor repair stations and storage sheds, and two allotments containing offices, warehouses and an electricity sub-station to the west.


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The allotment contains two significant River Red gums near the western side boundary of the property, which are to be retained. A regulated River Red gum is also located nearby, with its removal approved on 17 May 2013 with development application 145/101/2013. However, as the removal of this tree was not commenced within a 12 month period, an extension of time request for this approval or a new development application is required to remove the tree.

2.2. Locality

The immediate locality surrounding the subject land comprises detached dwellings on large allotments, and recreation reserves on the northern side of Cottage Lane, which form the boundary to the Industry Zone and Residential Zone. The locality to the south, east and west of the subject land comprises of industrial units containing workshops, motor repair stations, offices, warehouses and an electricity sub-station.

The wider locality consists of a variety of industrial land uses, which include motor repair stations, steel machining and fabrication workshops, recycling centre, window and door manufacturing, building supplies trade centre, and motor vehicle dismantlers. A service trade premises (trading as „Hackham Garden & Building Supplies‟) is located at 32 Gates Road, Hackham, which provides a range of landscaping and building materials, and products for sale.


Type Merit




Category Category 3

Reason Section 38(2)(c) of the Development Act 1993, and land use is not listed for the zone within Schedule 9 of the Development Regulations 2008

Representations to be heard (against)

Richard Andrews, 3 Wills Street, Hackham

Representations not being heard (in favour)

Nedjeljko Ilicic, 13 Greenhill Road, Wayville Roger Quinsey, 42 Cottage Lane, Hackham



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5. Referrals


5.1.1. Technical Services

Traffic

The proposed development was referred to the Technical Services team to assess the two new proposed 8m wide driveway crossovers, the carparking layout and internal vehicle turning movements.

The width and location of the new crossovers were assessed as satisfactory, with the requirement to construct the new kerb inverts and driveway crossovers to comply with council standards SD105, SD421 and SD423. These requirements will be conditioned as part of any approvals granted.

The carparking layout, number of parking spaces provided and internal vehicle turning movements were assessed by council‟s Senior Traffic Engineer as being satisfactory.

Stormwater

The proposed development was referred to council‟s Senior Stormwater Engineer to assess the proposed, stormwater management plan and the calculations provided to support the detention volumes for the two basins proposed. In addition, a swale on the subject land is proposed to be realigned to accommodate the development. The swale aligns with a drainage easement on the adjoining allotment to the east, and caters for upstream overland stormwater flow paths.

The stormwater management plan, realignment of the swale and anti-erosion treatments proposed were assessed as being conceptually supportable, however, further information has been requested before final approval can be granted. These requirements can be included as a reserved matter with any approvals granted.


6.1. Land Use

The subject land is located within the Industry Zone as delineated by the Onkaparinga Council Development Plan, which seeks to accommodate a wide range of industrial, warehouse, storage and transport land uses, while also making provisions for service industries and commercial development. The subject land will be used primarily for the sale of landscaping and building materials, and as such the most appropriate land use description is a service trade premises, as defined by Schedule 1 of the Development Regulations 2008.

Principle of Development Control 1 of the Industry Zone does not list service trade premises as an envisaged form of development for the locality; however, they are envisaged in certain areas of the zone at Lonsdale, and can also be assessed on their merits at other locations.


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The zone seeks to ensure that all industrial and related development be designed to minimise environmental and visual amenity impacts upon the locality. The bulk of the products to be sold from the site will be recycled materials such as gravel, rubble, sands and mulches, which maximises the re-use of materials, and reduces waste to minimise environmental impacts.

The proposal will include the storage and sale of mulch from the site. As there will be no composting operations undertaken on the site, the proposed land use does not constitute an activity of environmental significance, as listed within Schedule 21 or 22 of the Development Regulations 2008 and as such, a referral to the Environment Protection Authority (EPA) was not required.

Service trade premises are envisaged within the Commercial Zone, however this zone comprises a relatively small portion of the council area, and the available allotments are generally of insufficient size to accommodate the activities proposed or provide a buffer to adjacent land uses. As the proposal is not envisaged to result in unreasonable environmental or amenity impacts upon the locality, it is considered that the service trade premises is a suitable land use for the site.

6.2. Character

The Industry Zone is located in several areas within the council area, and is envisaged to accommodate a wide range of industrial and related development in close proximity to transportation routes and the local community. The zone character statement seeks development to be of a high standard, with landscaping to promote a desirable trading environment for the locality, and environmental and amenity impacts minimised.

The Industry Zone along the southern side of Cottage Lane consists primarily of older style industrial units and workshops, with the recently completed eight unit development to the west being the first new construction along the road in approximately 10 years.

The proposed development will include substantial landscaping throughout the site and along the front boundary, with the built form featuring several different finishes, colours and textures. The proposal also includes measures to minimise the environmental impacts of the development, particularly in regard to the provision of sustainable stormwater management and dust mitigation.

When the proposed service trade premises are assessed against the relevant provisions of the Industry Zone, it is considered that the proposal will be consistent with desired character for the zone.

6.3. Amenity

Structures

The proposed development will include the construction of an office, warehouse, shed and two canopies with a total area of 1,585sq m. These structures will be located on the northern section of the allotment, and will be constructed with several different materials, colours and finishes.

The office building measures 125sq m in area and with a street frontage setback of 21m will be the closest structure to Cottage Lane. The 15.3m wide façade will be constructed with brown stone veneer and aluminium windows, with the side


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walls and parapet being clad with fibro-cement sheeting and painted yellow and grey.

The warehouse constructed to the rear of the office will be 48m long and 21.5m wide, for a total area of 1,032sq m. The structure will have a maximum wall height of 4.9m, and a maximum height to the top of the roof gable of 7.7m. The walls and roof will be clad in grey „Colorbond‟ sheeting, with the northern elevation facing Cottage Lane having yellow painted fibro-cement borders.

A bagging shed measuring 12m long and 9m wide will be located 9m behind the warehouse, and have a wall height of 4.7m and a maximum height of 5.7m. Flat roofed canopies will be located between the bagging shed and warehouse, and also on the western elevation of the warehouse measuring 81sq m and 239sq m respectively.

All these structures result in site coverage of 10.4 per cent, well below the maximum 50 per cent provision of Principle of Development Control (PDC) 8 of the Industry Zone.

The structures have been designed and located to minimise the visual impact on the streetscape, with the office, warehouse and canopy providing sufficient articulation and variance in building materials and colours to provide visual interest. The substantial 21m setback from the front boundary inclusive of a landscaped buffer to the structures, further reduces the visual impacts of the built form.

Dust mitigation

The proposed development will include a 7.2m wide bitumen driveway adjacent to the eastern property boundary, with its main use to provide heavy vehicle access and egress to the sand and metal storage area on the southern portion of the allotment. The main driveway and carpark will also be bituminised to ensure that vehicle movements within these areas do not create any unreasonable dust issues.

The sand and metal storage area will not be sealed, and will use a compacted rubble road base. Permanent sprinklers are proposed to be installed, with sufficient coverage to water the piles of sand and metal, and also all of the unsealed roadway area. These sprinklers will be connected and activated by a dust sensor located on the site.

The material deliveries to and from the site will be sprayed with water and/or covered during transportation, and sprayed with water during loading and unloading. The site will be speed limited to 10 kilometres per hour to further reduce the potential for excessive dust to be generated on the site.

Noise

The proposed business will operate seven days a week, with the hours of operation being 7am to 5pm Monday to Friday, 8am to 4pm Saturdays, and 9am to 3pm on Sundays and public holidays. The vehicle movements will only occur during normal operating hours, with the carpark movements consisting of customer and employee vehicles only.

The operation of bobcats, forklifts and trucks will only occur on the rear portion of the site, with a 1.8m high fence located 68.5m from the front boundary and the filled sand and metal bays providing a measure of sound attenuation. Noise from heavy vehicle reversing beepers will likely be audible from Cottage Lane,


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however these audible alarms are a safety item fitted by the vehicle manufacturers. Vehicle Australian Design Rule 42/04 recommends the fitment of such devices, and that they are of sufficient volume to warn persons of the proximity of a reversing vehicle. While the proprietor has no control over the volume of the reversing beepers fitted to vehicles visiting the site, measures can be undertaken to ensure that the volume of the device fitted to the on-site vehicles is not excessive.

The shed will contain one bagging machine to repackage bulk landscaping supplies into smaller packs. The machine is envisaged to produce minimal operational noise, and will be contained within the bagging shed. Due to the shed being located behind the warehouse and office and 89.6m from the front boundary, it is envisaged that machinery noise emanating from the site will not be unreasonable.

Landscaping

The subject land contains two significant Eucalyptus camaldulensis (River Red gum) located adjacent to the western side boundary and approximately 96m from the front property boundary, which are considered to provide an important amenity contribution to the locality. The applicant wishes to retain these trees, and has provided an arborist‟s report (dated 13 June 2015, and included within attachment 1.2.1) to determine the impacts of the proposed development on these trees.

The arborist‟s report concluded that the subject trees can withstand the impacts of the proposed development, but recommended that pruning should be carried out to reduce the likelihood of sudden limb failure. This recommendation can be included as an advisory note with any approvals granted.

The subject land will include the establishment of 2,296sq m of landscaping, located within selected locations on the site to provide a visual buffer from the street and reduce the visual impacts of the built form and sealed surfaces. The realigned swale will also be landscaped to minimise potential stormwater erosion concerns from any overland flows.

The northern boundary to Cottage Lane will feature a 1.8m high tubular steel fence, with curved gabion stone entrance walls and tubular steel sliding gates for the main entrance. Chain link swing gates will be used for the heavy vehicle driveway along the eastern side boundary. The remaining boundaries will feature 1.8m high chain link fencing.

A 1.8m high „good neighbour‟ style fence with two swing gates will be installed 68.5m from the northern front boundary, and will extend from the warehouse to the western side boundary. This fence will provide a visual barrier from the 1.8m high sand and metal storage bays to the south of the site.

Traffic

Cottage Lane is classified as a „distributor road‟, as delineated by the Development Plan. The proposed development will result in additional vehicle movements to and from the site, with a vehicle movement being defined as a vehicle entering and exiting the subject land.

The applicant has estimated that the site will generate 32 vehicle movements per day from Monday to Friday, 25 movements for Saturday, and 12 movements for Sunday. This will result in a maximum of 64 additional vehicle trips along Cottage Lane.


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Council conducted a traffic study on 7 July 2014 for Cottage Lane, with an average of 1,353 vehicles per day recorded for this section of the road. When the projected volumes from the subject land are included, this results in an average of 1417 vehicles per day.

The City of Onkaparinga Road Network Plan issued on 17 November 2009 determined that a distributor road within an urban area is designed to be capable of accommodating 6,000 to 8,000 vehicles per day. As such, the ability of Cottage Lane to accommodate the increased traffic volumes generated by the proposed development, is well within the design capability of the road.

6.4. Interface between land uses

The Interface Between Land Uses section of the Development Plan contains principles and objectives that seek to minimise adverse amenity impacts between existing and future land uses within the locality. In particular, PDC 1 requires that development should not detrimentally affect the amenity of the locality through the emission of airborne pollutants and impacts such as excessive noise, vibration, hours of operation, and traffic impacts.

Cottage Lane forms the boundary between the Industry Zone and Residential Zone, with two detached dwellings directly opposite the subject land. Within a 60m radius of the front property boundary are a further three dwellings along Cottage Lane, and two dwellings along Wills Street. These seven dwellings are considered to be the most likely to be affected by the proposed development, should it result in any adverse amenity impacts.

The northern portion of the allotment extending 68.5m back from Cottage Lane to the fence contains the majority of the built form, with the ground surface fully sealed or landscaped and with no excessive noise generating activities envisaged for this area. It is considered unlikely that activities from this portion of the site will create any unreasonable amenity impacts.

The remainder of the allotment is largely unsealed, and will be the area frequented by heavy vehicles to load and unload materials. Dust from this southern portion of the site has the potential to create the main source of nuisance for nearby residences and businesses, if not controlled.

The applicant has proposed an automated water sprinkler system for the entire area, controlled by a dust sensor on the site. In addition to the watering and/or covering of the materials during loading and unloading and the 10 kilometres per hour on-site speed limit, it is considered that sufficient dust mitigation measures are in place.

The applicant has envisaged that the heavy vehicle movements to and from the site will be 12 per week day from 7am to 5pm, five on Saturdays from 8am to 4pm, and none on Sundays. These infrequent movements spread out during the course of normal business hours are not considered excessive or unreasonable for the proposed land use.

It is considered that the substantial setback of the southern portion of the allotment from nearby residential properties, the buffering provided by the built form, fencing and landscaping, and the dust mitigation measures in place, will combine to minimise adverse amenity impacts upon the locality and therefore meet PDC 1.


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6.5. Signage

The proposed development will include the installation of two signs contained within the boundaries of the subject land, comprising of a freestanding signage board near the main central entrance to the site, and a sign attached to the warehouse.

The signage board will be located 1m from the Cottage Lane boundary, and will be 5m in height and 2m in width. The board will be elevated 2m above ground level, giving the sign a total height of 7m. The attached sign will be positioned above the office roof and on the northern elevation of the warehouse, and will measure 2.3m high and 2.5m wide. This sign will be 6.8m above ground level.

Table Onka/5 contained within the Development Plan provides advertising design guidelines for various types of development. The table seeks to limit outdoor advertising to a maximum of one sign attached to a building, and one freestanding, which the proposal complies with.

The table also seeks that signage within the Industry Zone has a maximum height of 8m and a maximum panel size of 12sq m (or 6sq m if the sign is double sided). The attached signage meets the maximum height and panel size sought, with the freestanding signage also within the maximum height provision.

The panel size of the freestanding sign measures 10sqm per side, which exceeds the 6sq m sought. This is not considered an unacceptable variance to the Development Plan, as the maximum height of 7m is less than the 8m envisaged, the requirement to advertise the business to traffic travelling in both directions along Cottage Lane is not unreasonable, and the visual impacts of the sign are reduced due to the wide allotment frontage.

No illumination has been proposed for the signage, with any future illumination requiring development approval to ensure the intensity is kept at an appropriate level. This advice can be included as a condition with any approvals granted.

6.6. Site functionality

The proposed development will include the construction of two new driveways accessed from Cottage Lane, and a carpark containing 24 spaces, inclusive of two spaces for disabled persons. The location and functionality of the driveways and carparking area was assessed by council‟s Technical Services team as being satisfactory.

Table Onka/3 contained within the Development Plan prescribes off-street carparking requirements for a range of land uses. Service trade premises are specifically listed, with two to four spaces per 100sq m sought for such developments.

The warehouse, office and bagging shed have a total area of 1265sq m, which equates to a requirement of 25 carparks to be provided. The shortfall of one carpark is considered to be a minor shortfall, with the 24 carparks provided considered adequate, and supported by council‟s Senior Traffic Engineer.


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The site contains a stormwater swale running diagonally across the allotment from the eastern side boundary down to the western side boundary, which accommodates overland stormwater runoff from properties further upstream. The swale is not within an easement over the subject land, with no easements registered on the Certificate of Title for the subject land. The proposal is to realign the swale to improve the usability of the allotment, while still maintaining the existing entry and exit points.

The stormwater management plan provided, details the proposed realignment of the swale and the stormwater discharge from the site to the Cottage Lane water table. The stormwater management plan utilises the natural gradient of the land to discharge water via gravity from the low point of the land in the north west front corner.

While the ability to provide suitable stormwater management of the site has been demonstrated, council‟s Senior Stormwater Engineer has requested additional information to be provided and assessed prior to any development approval being granted. These requirements can be included as a reserved matter within any approvals granted.


The proposal was determined to be a category 3 form of development pursuant to Section 38(2)(c) of the Development Act 1993. The proposed service trade premises is not listed as a category 1 or 2 land use within Schedule 9 of the Development Regulations 2008, and as such defaults to a category 3 form of development.

Three valid representations were received during the public notification period from 5 June 2015 to 22 June 2015, comprising of two in favour and one against. The following issues were raised by the representor against the proposed development:

road safety concerns due to the increased traffic

increased dust from vehicles loading and unloading materials

machinery noise from sources such as reversing beepers.

The applicant‟s response provided on 1 July 2015 is summarised as follows:

the traffic volumes are not expected to be substantial, and the types of additional vehicles are not different to those which currently use Cottage Lane

adequate dust control measures have been proposed for the site,

including sprinklers, sealed driveways, speed limits and covering/wetting of loads

vehicle movements and noise will only occur during nominated business hours, with machinery noise contained within the bagging shed, and reversing beeper noise contained to the rear of the site behind a fence.

The applicant has provided a satisfactory response to the representors‟ concerns. The additional traffic along Cottage Lane generated by the business is estimated to be a maximum of 64 vehicles per day, increasing the total to approximately 1417 vehicles per day. Cottage Lane is a „distributor‟ road, which is designed to accommodate 6000 to 8000 vehicles per day.


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The use of sprinklers capable of covering all the materials and the surrounding unsealed roadways, in addition to the watering and/or covering of the loads during loading and unloading are considered to be adequate measures to ensure that there will be no unreasonable dust impacts from the site.

General vehicle and machinery noise emanating from the site is unlikely to cause unreasonable nuisance to neighbouring residents due to the substantial setbacks from their properties, and the noise buffers created by the solid fencing, bagging shed, warehouse, and piles of sand and metal in the storage bays.

The excessive volume of reversing beepers for the heavy vehicles using the site has emerged as a major issue for nearby residents, particularly when they are home during the weekend. The land owner has the ability to ensure that the volume of the reversing beepers on the vehicles under his control are minimised, while still being of sufficient volume to perform their intended safety function. The requirement to limit unreasonable noise (inclusive of reversing beepers) emanating from the site can be conditioned as part of any approvals granted.

It is considered that the design capacity of Cottage Lane, management practices proposed by the applicant to control dust from the site and the conditions imposed with any approvals granted will not result in any unreasonable amenity impacts upon the locality. As a result, the representors‟ concerns are considered to have been adequately addressed.

6.8. Conclusion

Any development within the Industry Zone must ensure that it is designed to minimise environmental and visual amenity impacts upon the locality, and to not prejudice existing and future nearby land uses. While land uses such as that proposed are not specifically envisaged within this portion of the zone, the service trade premises is considered to be compatible with existing uses within the locality.

Dust from the site has the potential to create the largest environmental impacts on nearby properties, particularly on hot, windy days. The applicant has proposed management practices which are expected to adequately control dust from the site. In addition with compliance with the conditions of any approval, it is envisaged that the proposed development will not result in unreasonable amenity impacts upon the locality.

The proposed development is not considered to be seriously at variance with, and sufficiently satisfies, the relevant provisions of the Development Plan and warrants Development Plan Consent.


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7. Recommendation



2. RESOLVE to GRANT Development Plan Consent to development application 145/808/2015 for the construction of a service trade premises (landscaping and building supplies) with associated warehouse, shed, canopies, office, signage, carpark, entry wall, masonry storage bays and landscaping at 38-40 Cottage Lane, Hackham, subject to the following conditions and advisory notes:

Conditions

1. The following detailed information shall be submitted for further assessment and approval by council, as RESERVED MATTERS pursuant to Section 33(3) of the Development Act 1993.

1.1 The impact of the realigned swale and the culvert at the boundary to capture the upstream flow shall be demonstrated by a model such as HEC-RAS.

1.2 A detailed stormwater management report and plans are to be submitted.

1.3 The swale stormwater flows shall be demonstrated to be discharged through the existing channel constructed on the adjacent property.

1.4 The existing swale is to be shown on an amended siteworks and civil plan.

1.5 Clarification is required for the connection of the basin 1 outlet to the junction box in the adjacent property.

Pursuant to Section 33(1) of the Development Act 1993, council reserves its decision on the form and substance of any further conditions of Development Plan Consent that it considers appropriate to impose in respect of the reserved matters, as delineated by condition 1.


3. The building approved herein shall only be used for the purposes of service trade premises, and any alternative land use will require the approval of council.

4. The construction of the two new kerb inverts and driveway crossovers shall comply with council standards SD105, SD421 and SD423.

5. That all fixed plant and equipment be located, designed and operated so that no unreasonable nuisance, in the opinion of council, is caused to the occupiers of adjoining land through the emission of noise, dust, smell or fumes.


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6. The development shall not detrimentally affect the occupiers of adjoining land, in the opinion of council, by the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or spilled light.

7. That the landscaping as detailed in Site Plan numbered AA-01 issue B dated 26 May 2015 shall be established prior to the occupation of the development and shall be maintained in good condition at all times. Any seriously diseased, dying or dead vegetation shall be promptly replaced to the reasonable satisfaction of council.

8. The road and driveway crossover between the back of kerb and the boundary shall be shaped to provide a minimum width of 2.0 metres on local roads (and 2.5 metres on higher order roads) measured from behind the back of kerb. Verge slope shall be no greater than 2.5 per cent fall towards the road, suitable for pedestrian traffic under the Disability Discrimination Act 1992 and in accordance with the current Australian Standard 2890.1.

9. The driveway and car parking areas shall be paved or surfaced, drained and marked to accepted engineering standards prior to the occupation of the development and shall be maintained in good condition at all times.

10. The loading and unloading of all commercial vehicles associated with the development shall, at all times, be restricted to the confines of the subject site.

11. The area set aside for the parking of vehicles shall be made available for such use and shall not be used for any other purpose.

12. The advertising display shall not be illuminated in any way, without the prior consent of council.

13. The signs shall be constructed, painted and installed in a professional manner and maintained in neat and tidy condition.

14. The business shall be restricted to hours of operation between 7am to 5pm Monday to Friday, 8am to 4pm Saturday and 9am to 3pm Sundays and public holidays.

15. During construction and at all times thereafter, stormwater generated from the development shall be diverted away from all buildings, shall not pond against or near the footings, and shall not be discharged or flow onto adjoining land. Where drainage is directed to the street water table, this shall be by way of a council approved stormwater drainage system.

16. The retention of clean stormwater is to be maximised on the site and reused where reasonably possible for landscaping or other purposes. All remaining stormwater discharged from the development shall be discharged to the council underground stormwater drainage system.

17. Graffiti shall be removed from any structure on the site at the cost of the applicant or owner within two business days of the graffiti being placed on the structure.

18. That effective measures be implemented during the construction of the development and on-going use of the land in accordance with this consent to:

prevent silt run-off from the land to adjoining properties, roads and drains


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control dust arising from the construction and other activities, so as not to in the opinion of council, be a nuisance to residents or occupiers on adjacent or nearby land

ensure that soil or mud is not transferred onto the adjacent roadways by vehicles leaving the site

ensure that all litter and building waste is contained on the subject site in a suitable covered bin or enclosure

ensure that no sound is emitted from any device, plant or equipment or from any source or activity to become an unreasonable nuisance, in the opinion of council, to the occupiers of adjacent land.

Notes

1. You are further advised that Building Rules consent is required for the application pursuant to the Development Act 1993.

2. Development is to be substantially commenced within 12 months and both stages are to be substantially completed within three years of the date of this approval.

3. The proponent is reminded of Clause 23 under Part 6 of the Environment Protection (Noise) Policy 2007. The clause states that construction activity must not occur on a Sunday or other public holiday; and on any other day except between 7am and 7pm. Exceptions to this requirement are prescribed in Clause 23(1) b of the Environment Protection (Noise) Policy 2007.

4. The two Eucalyptus camaldulensis (River Red gum) located on the site shall be retained and pruned as per the recommendations contained within the tree report dated 13 June 2015, forming part of this application.


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Appendices

Development application 145/808/2014 for Ekim Properties Pty Ltd


1 Representor (against) at 3 Wills Street, Hackham

2 Subject land at 38-40 Cottage Lane, Hackham

2

1


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Summary of relevant Development Plan General Section provisions

Industrial Development

Primary Objectives

4 - Industrial development occurring without adverse effects on the health and amenity of occupiers of

land in adjoining zones.


5 - Building facades facing a non-industrial zone, public road, or public open space should:

(c) use a variety of building finishes

(d) not consist solely of metal cladding

(e) contain materials of low reflectivity

(f) incorporate design elements to add visual interest

(g) avoid large expanses of blank walls.

Objectives of Development Control

4 - Industrial development occurring

without adverse effects on the

health and amenity of occupiers of land in adjoining zones.

Satisfied – Yes

The use of sprinklers capable of covering all the materials and the surrounding unsealed roadways, in addition to the watering

and/or covering of the loads during loading and unloading, are considered to be adequate measures to ensure there will be no

unreasonable dust impacts from the site.

The fixed machinery noise is not envisaged to be excessive, and will be located in the bagging shed located 89.6m from Cottage

Lane.

Principles of Development Control

5 - Building facades facing a non-industrial zone, public road, or public

open space should:

(c) use a variety of building finishes

(d) not consist solely of metal

cladding

(e) contain materials of low

reflectivity

(f) incorporate design elements to add visual interest

(g) avoid large expanses of blank walls.

Satisfied – Yes

The office façade and adjoining northern wall of the warehouse

will directly face Cottage Lane, with the Residential Zone opposite.

The structures will feature several different materials, colours

and finishes, with the office façade being constructed with brown stone veneer and aluminium windows, with the parapet

being clad with fibro-cement sheeting and painted yellow and grey.

The adjoining warehouse will be constructed of grey „Colorbond‟ sheeting, with fibro-cement edging painted yellow.

Design and Appearance

7 - Landscaping should be

incorporated as an integral element of industrial development along non-

industrial zone boundaries.

Satisfied – Yes

The front boundary is adjacent to the Residential Zone, and will be landscaped along the entire length of the front boundary,

with the exception of the two driveways.


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Summary of relevant Industry Zone provisions

Primary Objectives:

4 - Development that contributes to the desired character of the zone.

Desired Character

It is envisaged that the zone will accommodate industrial and related development in proximity to transportation routes and the community it serves. Development will be of a high standard, with

extensive landscaping using trees and shrubs native to the area, so as to assist in ecological sustainability, visual amenity and to promote a desirable economic and trading environment for all

businesses. All industrial and related development envisaged for the zone will be designed and oriented to

minimise noise, smoke, smell, dust, waste products, waste water, unsightly visual prominence, high volumes of traffic through adjacent residential areas or other nuisance likely to prejudice the

environment.


10- Any plant or equipment with potential to cause an environmental nuisance (including a chimney stack or air-conditioning plant) should be sited as far as possible from adjoining non-industrially zoned

allotments, and should be designed to minimise its effect on the amenity of the locality.

Form and Character

10 - Any plant or equipment with potential to cause an environmental

nuisance (including a chimney stack

or air-conditioning plant) should be sited as far as possible from

adjoining non-industrially zoned allotments, and should be designed

to minimise its effect on the amenity of the locality.

Satisfied - Yes

The proposal will include the installation of machinery inside the

bagging shed for the repackaging of materials.

The noise associated with its operation is not envisaged to be

excessive, and as the bagging shed is located 89.6m from Cottage Lane and also buffered by the warehouse, is unlikely to

create environmental nuisance.


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3.3 145/3602/2014 Mr D Thompson

Proposal Demolish existing dwelling at 27 Archerfield Avenue, retain existing dwelling at 8 Trevor Street, and erect eight two-storey dwellings with carports, common driveway and associated on-site landscaping

Address 27 Archerfield Avenue, Christies Beach and 8 Trevor Street, Christies Beach

Zone/Policy Area Residential/Medium Density




Tony Martin

Referrals Technical Services Landscape Architect Parks & Natural Resources


Report author Michael Gachet, Development Officer (Planning) Phone: 8384 0529 Email: [email protected]





1.1.3. Appendix 3 – Development data table








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The proposed development comprises the demolition of the existing dwelling located at 27 Archerfield Avenue, Christies Beach, the retention of the existing dwelling located at 8 Trevor Street, Christies Beach, and the construction of eight two-storey dwellings with carports, common driveway, and associated on-site landscaping over the two allotments.

The existing single storey detached dwelling located at 8 Trevor Street, Christies Beach will be altered to provide Private Open Space (POS) in the form of an alfresco area on the southern side of the dwelling, and a courtyard to the front. The alfresco area will replace the existing carparking area, which will be relocated to the rear of the dwelling and accessed via a common driveway.

The common driveway will be located adjacent to the southern property boundaries, and will extend from Trevor Street through to Archerfield Avenue for a total length of 93.4m. The driveway will provide vehicle access for the existing dwelling fronting Trevor Street, and also the eight additional two-storey dwellings proposed.

The eight two-storey dwellings proposed are each of a three bedroom design, with grey „Colorbond‟ skillion roofs and infill cladding, and rendered „Hebel‟ panel exterior walls painted in light grey. Single carports are provided for all dwellings, with free-standing structures proposed for Dwellings 1 and 2 (fronting Archerfield Avenue) and Dwelling 9 (fronting Trevor Street). Dwellings 3 to 8 have attached carports, and have frontage to the common driveway.

Landscaping has also been included within the proposed development. The location of the plantings includes along the common driveway and in front of all the dwellings, comprising a mixture of turf, small trees and shrubs.

2. Site details

2.1. Subject land

The subject land comprises two residential allotments located at 8 (lot 1387) Trevor Street, Christies Beach and 27 (lot 1399) Archerfield Street, Christies Beach. Both the allotments currently contain detached single storey dwellings with associated carports, verandahs and outbuildings.

The consolidation of the two allotments will result in a rectangular development site measuring 93.4m in length, and with two street frontages of 18.2m, for a total area of 1699sq m. The subject land is bounded by Trevor Street to the west, Archerfield Avenue to the east, a council drainage reserve to the south and five detached dwellings to the north.

The subject land has a gentle gradient from the eastern boundary to Archerfield Avenue down to the western boundary to Trevor Street, of approximately 1.6m over 93.4m, or 1 in 58. The land does not contain any regulated trees or other noteworthy vegetation.


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2.2. Locality

The locality surrounding the subject land is residential in nature, generally comprising detached single storey dwellings on large allotments. These dwellings are typically original housing stock constructed during the 1960s and 1970s. More recent development is generally in the form of single storey detached or semi-detached dwellings resulting from 1 into 2 land divisions.

The immediate locality does not contain any recent examples of medium density dwelling construction, with such development restricted to a few examples of single storey group dwellings of original construction within a 250m radius from the subject land.

The wider locality comprises the Commercial Zone along Dyson Road to the east, and the District Centre Zone along Beach Road to the south, both located approximately 200m from the subject land. These zones contains various land uses, which include original dwellings, a range of retail facilities, motor repair stations, offices, a petrol filling station, a place of worship, and service trade premises (motor vehicle dealerships).


Type Merit




Category Category 2

Reason Section 38(2)(a) of the Development Act 1993 and Schedule 9 18(b) of the Development Regulations 2008

Representations to be heard Tony Martin, 48 Elgin Avenue, Christies Beach

Representations not being heard Roger Leslie Kidd, 25 Archerfield Avenue, Christies Beach

Third party appeal opportunity No

5. Referrals



The proposed development was referred to the Technical Services team on 26 March 2015, and again on 7 May 2015 when amended plans were pro ided by the applicant. An assessment of the stormwater management plan, on-site vehicle movements, and the access and egress from Trevor Street and Archerfield Avenue was conducted.


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The stormwater from Dwelling 9 (fronting Trevor Street) will retain its existing stormwater disposal system, discharging to the street water table. The roof stormwater from the eight new dwellings will be directed to individual 2000 litre rainwater tanks, which will retain 1000 litres of water for reuse within the dwelling and 1000 litres of detention, to enable controlled discharge from the site. The overflow from the retention/detention tanks and stormwater collected at ground level will be discharged to a Side Entry Pit (SEP) located on Trevor Street.

The stormwater management plan and calculations to support the detention volumes proposed were assessed by council‟s Stormwater Engineer as being satisfactory. A permit from the Property Transaction team will be required for the works to connect to the SEP, which will be included as an advisory note within any approvals granted.

The vehicle turning movements within the site were assessed as satisfactory when using the B85 Australian Standard vehicle template (large sized vehicle), enabling vehicles to enter and exit the site in a forward direction. This provides additional safety for pedestrians and local traffic when exiting the site onto the roads.

The common driveway will be accessed from the existing vehicle cross-over from Trevor Street, with a new kerb invert and cross-over required for Archerfield Avenue. The Technical Services team require the new invert to be constructed as per council standards SD105 and SD422, with the new cross-over to match the levels of the existing footpath. This requirement will be conditioned as part of any approvals granted.

5.1.2. Landscape Architect

The proposed development includes landscaping for the subject land, comprising of shrubs along the southern side of the common driveway and in front of all dwellings, small trees in front of Dwellings 1, 2 and 9, and turf for the remaining unsealed areas.

The landscaping plan was referred to council‟s Landscape Architect to ensure that the species of vegetation chosen are suitable for the locality. Comments were received on 27 July 2015, which advised that he was unfamiliar with the species of plants chosen, and that they are not indigenous to the local area.

It was recommended that further information be sought from the applicant to justify the suitability of the species proposed, with this requirement being conditioned as part of any approvals granted.

5.1.3. Parks and Natural Resources

The proposed development will require a new vehicle cross-over on Archerfield Avenue to align with the common driveway, requiring the removal of a small street tree located along the roadside verge.

The application was referred to the Parks and Natural Resources team to determine if the tree met council‟s removal criteria and could be supported. Comments were received on 15 July 2015 advising that the tree was identified as a Jacaranda, and that it was not remnant vegetation. As such, council has no objection to the removal of the tree in order to allow the development to proceed.


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The applicant will be required to contact council to arrange for the removal of the tree, with this requirement to be included as an advisory note within any approvals granted.


6.1. Land Use

The subject land is located within the Residential Zone and the Medium Density Policy Area, as delineated by the Onkaparinga Council Development Plan. A diverse range of dwelling types and sizes are envisaged within the locality, to meet the needs and changing demographics of the community.

The description of the proposed development has been determined as „group dwellings‟, as all the buildings are detached (even though some are abutting), and six of the dwellings do not have frontage to a public road. Group dwellings are listed within Principle of Development Control (PDC) 1 of the Medium Density Policy Area as an envisaged form of development within the locality.

The proposed development will introduce a new type and style of residential accommodation to the locality, which is currently dominated by detached single storey dwellings. As such, Objective 1 of the Residential Zone and the Medium Density Policy Area has been complied with.

The proposed development will not introduce any new or incompatible land uses to the locality. The subject land is currently used for residential purposes, which the proposed development will not change.

6.2. Character

The locality surrounding the subject land is characterised by low density detached dwellings on large allotments. The Medium Density Policy Area seeks to reduce the minimum site area requirements for various dwelling types, which in turn guides the density of new development and impacts upon the character of the locality. This changing character is envisaged by the policy area, and will be most evident in areas such as that surrounding the subject land.

The subject land comprises an area of 1,699sq m, with dual road frontages of 18.2m each. Principle of Development Control 3 of the Medium Density Policy Area seeks a net density of 45 to 67 dwellings per hectare on sites exceeding 1500sq m in area, in lieu of stipulating minimum site areas. The nine dwellings on the subject land equates to a net density of 53 dwellings per hectare, which meets this principle. Principle of Development Control 8 of the policy area seeks a minimum frontage of 18.0m for group dwellings such as that proposed, which is complied with.

6.3. Amenity

Visual

The existing dwelling fronting Trevor Street will have minor alterations to change the use of the existing carport under the main roof to an alfresco area, which will lead onto a private front courtyard area. As a result of the street presentation of the dwelling not being substantially changed, the visual amenity impacts upon Trevor Street are envisaged to be minor.


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The existing dwelling at 27 Archerfield Avenue will be demolished and replaced by two dwellings, both of two-storey construction with skillion roofs and front balconies. These dwellings (and also Dwellings 3 to 8 fronting the common driveway) will feature grey roof cladding, light grey rendered walls with matching windows, entrance doors and trims. The designs for all the new dwellings contain sufficient articulation to create visual interest, and their modest maximum height of 6.7m is well below the 10.5m maximum contained within PDC 7 of the Residential Zone.

As the carparking for both of the dwellings fronting Archerfield Avenue will be to the rear, the streetscape presentation has been maximised, while also meeting Objective 2 of the Medium Density Policy Area in seeking development to minimise the impacts of vehicle garaging on the character of the area. In conjunction with the landscaping proposed, it is envisaged that these dwellings will provide a positive visual amenity contribution to the locality.

Principle of Development Control 1 of the Design and Appearance section of the Development Plan seeks to ensure that buildings reflect the desired character of the locality while incorporating contemporary design methods.

The Development Plan envisages the policy area to eventually be characterised by various forms of medium density housing with a focus on high pedestrian amenity. This can be achieved by applying design methods which include ensuring that new dwellings present well to the street, the use of landscaping to soften the impact of denser built form, and reducing the visual impact of vehicle garaging and driveways on the streetscape.

The proposed development will feature Dwellings 1 and 2 fronting Archerfield Avenue, and include landscaping in the front yards to decrease the visual impacts of the buildings. These two dwellings will have their vehicle parking areas located to the rear, which maximises the street presentation of the dwellings, and minimises the impacts of garaging on the streetscape.

A single landscaped driveway will service all dwellings, with landscaping also proposed forward of all structures to minimise the visual impacts when viewed from the street and surrounding areas. The eight proposed two-storey dwellings are of a modern, contemporary design, and utilise materials and finishes that are commonly seen with new residential development.

It is considered that the design and appearance of the proposed development, in addition to the landscaping proposed, contains sufficient visual elements to contribute to the desired character of the area and meets the objective of PDC 1.

Setbacks

Dwellings 1 and 2 fronting Archerfield Avenue have a front boundary setback of 3.0m from the front boundary, with Dwelling 2 having northern side boundary setbacks of 900mm for the ground level and 1.9m for the upper level. These setbacks meet the minimum provisions of PDC 7 of the Residential Zone.

The ground level and upper level walls of Dwellings 3 to 8 are setback 4.5m from the northern property boundary, and as these dwellings front the common driveway, represents their rear boundary. This setback exceeds the minimum provisions of zero metres for ground level and 3.0m for upper level walls contained within PDC 7 of the Residential Zone.


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All dwellings are setback a minimum of 5.0m from the southern property boundary and 1.5m from the common driveway, with both setbacks meeting or exceeding the minimum provisions of the Development Plan. All dwellings have a total „footprint‟ area of 668sq m (inclusive of porches and carports), which given the allotment size of 1699sq m, equates to site coverage of 39 percent. This is less than the 70 percent maximum provision of PDC 7 of the Residential Zone.

Private Open Space

Principle of Development Control 11 contained within the Residential Development section of the Development Plan seeks a minimum of 24sq m of private open space (POS) for dwellings with a site area of less than 300sq m. For sites 300sq m to 500sq m in area, 60sq m of POS is sought.

Dwellings 1 to 8 are to be constructed on sites of less than 300sq m, with PDC 11 seeking 24sq m of POS with a minimum width of 3m. Dwelling 1 provides 39sq m of area to the side and rear of the dwelling, of which 20sq m meets the minimum 3m width requirement. The 4sq m shortfall in calculable POS is not considered unreasonable, due to the remaining 19sq m of usable land available on the site. Dwelling 2 provides 31sq m of POS, with the minimum width exceeding 3m.

Dwellings 3 to 8 all provide 23sq m of POS, with the minimum width exceeding 3m. As all of these dwellings have not included the area allocated for refuse bin storage and the rainwater tank, and the POS being 4.5m in width, this 1sq m shortfall is considered acceptable.

The existing Dwelling 9 will be retained on an allotment measuring 301sq m, with 46sq m of POS provided via the alfresco and front courtyard. This is less than the quantitative provision of 60sq m sought by PDC 11, however, this shortfall is not considered unacceptable, as usable areas of the site (for example, between the carport and dwelling) have not been included, and 24sq m of POS would meet PDC 11, had the site been configured to be 2sq m smaller.

Overlooking

The construction of the eight two-storey dwellings on the subject land has the potential to result in unreasonable overlooking from the upper levels into the northern and southern neighbouring properties. Principle of Development Control 19 of the Residential Development contained within the Development Plan seeks window screening or sill heights of 1.5m above the finished floor leve,l to ensure maximum visual privacy for adjacent properties.

All of the eight dwellings with windows capable of overlooking into neighbouring properties to the north and south will have either obscure glazing to a minimum height of 1.5m, or feature windows with a sill height of 1.6m. These measures ensure that the proposed development will not result in unreasonable overlooking and privacy issues for neighbouring properties.

Landscaping

The proposed development includes landscaping for the subject land, which is designed to increase the visual amenity of the development and assist in reducing the impact of the dwellings upon the streetscape. The plantings include shrubs along the southern side of the common driveway and in front of all dwellings, small trees in front of the dwellings fronting Trevor Street and Archerfield Avenue, and turf for the remaining unsealed areas.


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As part of any approvals granted, the landscaping shown on the plans will be conditioned to ensure the vegetation is maintained at all times. This will minimise the visual impacts of the dwellings during the life of the development.

6.4. Site functionality

The proposed development will have a common driveway to provide access from either Trevor Street or Archerfield Avenue for all nine dwellings. The on-site vehicle turning movements to access and egress the carparking areas was assessed against the relevant Australian Standard 2890 by council‟s Traffic Engineer, with no concerns raised.

The driveway incorporates 5m long x 5m wide sections at both roadway access points (which meets the requirements of council‟s Traffic Engineer), with the remainder of the driveway having a minimum width of 3.5m. Principle of Development Control 11 of the Residential Zone seeks common driveways to have a maximum width of 4m in order to minimise the impacts of driveways upon the streetscape. While the driveway width at the front boundaries is 1m more than the maximum sought by PDC 11, the additional width has been determined by council‟s Traffic Engineer as being necessary to avoid vehicle conflicts due to the number of dwellings using the driveway.

Principle of Development Control 7 of the Residential Zone seeks to provide an average of 1.25 carparks per three bedroom group dwelling, which equates to 11.25 (ie 12 carparks required). The proposed development exceeds this requirement in providing 16 carparks. In addition, one visitor‟s park per five dwellings is also sought (ie two carparks required), with available on-street carparking immediately adjoining the subject land able to be considered in meeting this requirement.

The proposed development does not provide for the two additional visitors‟ carparks, however, four on-street carparks are available. Principle of Development Control 7 seeks a total of 14 on-site carparks for the proposed development, and as 16 have been provided, this provision is considered to have been adequately met.


The proposal was determined to be a category 2 form of development pursuant to Schedule 9 18(b) of the Development Regulations 2008.

Two representations against the proposed development were received during the public notification period from 21 May 2015 to 4 June 2015, with the following issues raised:

higher residential density not suitable for area

two-storey dwellings should not overlook neighbouring gardens

noise and traffic concerns

overlooking from balconies into neighbouring properties.

The applicant response is summarised as follows:

all upper level windows are screened with frosted glazing, to ensure no

overlooking or privacy issues


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the front balconies for Dwellings 1 and 2 are very small, face Archerfield Avenue and do not have a direct sight line to the representors‟ property.

The applicant has adequately addressed the representors‟ concerns regarding overlooking into neighbouring properties and the associated loss of privacy. The representors‟ concerns regarding noise, traffic and higher density were not addressed.

In addition to the frosted/obscured glazing provided to the upper level windows, a sill height of 1.6m is also used as a means of ensuring no unreasonable overlooking or privacy concerns.

The proposed development will result in additional vehicle movements along Trevor Street and Archerfield Avenue as a result of the additional seven dwellings on the subject land. These increased traffic volumes are considered to be well within the maximum vehicle design capability of the local road network, to be accommodated without resulting in excessive congestion.

The subject land has been included within the Medium Density Policy Area, which aims to increase dwelling densities within areas in close proximity to centre zones. This policy area reflects the vision of the State Government‟s 30 year plan in promoting urban regeneration as the preferred alternative to urban sprawl, and as such the higher residential density is supported.

It is acknowledged that there may be an overall increase in domestic noise emanating from the site when compared to the previous two dwellings, however, the Development Plan actively encourages such redevelopment within this locality. It is considered that the potential additional noise levels that may occur are not expected to be unreasonable.

6.6. Conclusion

Medium density development such as that proposed is actively sought and encouraged by the provisions of the Development Plan. The proposed development is considered to adequately meet the relevant quantitative and qualitative provisions of the Development Plan in relation to dwelling density, suitability of land use, and minimising the amenity impacts upon neighbouring properties and the streetscape.

The main quantitative provision of the Development Plan that the proposal fails to meet relates to POS. Dwelling 1 has a 4sq m shortfall, Dwellings 3 to 8 have 1sq m shortfalls and Dwelling 9 has a 14sq m shortfall. Despite eight of the nine dwellings failing to meet the provisions of the Development Plan, these shortfalls are not considered fatal to the overall proposal, particularly as the shortfalls are minor and don‟t include other areas on the sites that can still be used.

The construction of eight two-storey group dwellings on the subject land is the first example of such medium density development within the locality, and represents a stark contrast to the existing low density patterns of development that exists. However, medium density development such as that proposed is actively sought and encouraged by the Development Plan, particularly when the proposal requires amalgamation of allotments.


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Accordingly and on balance, the proposed development is not considered to be seriously at variance with, and sufficiently satisfies, the relevant provisions of the Development Plan and Development Plan Consent is warranted.

7. Recommendation



2. RESOLVE to GRANT Development Plan Consent to development application 145/3602/2014 to demolish the existing dwelling at 27 Archerfield Avenue, retain the existing dwelling at 8 Trevor Street, and erect eight two-storey dwellings with carports, common driveway and associated on-site landscaping at 27 Archerfield Avenue, Christies Beach and 8 Trevor Street, Christies Beach, subject to the following conditions and advisory notes:

Conditions


2. The obscure glazing shown on the upper level windows of the plans herein approved, shall be installed prior to occupation of the dwellings.

3. Sufficient information is to be provided to council to support the suitability of the landscaping proposed for the locality, as detailed in amended Landscaping Plan drawing page 03 of 11 (received 13 April 2015). The landscaping plan is to be assessed and approved by council prior to development approval being granted.

4. The landscaping detailed within the approved landscaping plan shall be established prior to the occupation of the development and shall be maintained in good condition at all times. Any seriously diseased, dying or dead vegetation shall be promptly replaced to the reasonable satisfaction of council.

5. The road and driveway crossover between the back of kerb and the boundary shall be shaped to provide a minimum width of 2.0 metres on local roads (and 2.5 metres on higher order roads) measured from behind the back of kerb. Verge slope shall be no greater than 2.5 percent fall towards the road, suitable for pedestrian traffic under the Disability Discrimination Act 1992 and in accordance with the current Australian Standard 2890.1.

6. Any redundant vehicle crossovers shall be reinstated with matching kerb and verge treatments to council's standards and satisfaction.

7. The waste storage areas and/or receptacles for Dwellings 1 and 2 shall be screened so as to reduce their visual prominence when viewed from the surrounding locality.


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8. The new kerb invert on Archerfield Avenue shall be constructed as per council standards SD105 and SD422, and the driveway cross-over shall match the levels of the existing footpath.

9. During construction and at all times thereafter, stormwater generated from the development shall be diverted away from all buildings, shall not pond against or near the footings and shall not be discharged or flow onto adjoining land. Where drainage is directed to the street water table, this shall be by way of a council approved stormwater drainage system.

10. That effective measures be implemented during the construction of the development and on-going use of the land in accordance with this consent to:

Prevent silt run-off from the land to adjoining properties, roads and drains.

Control dust arising from the construction and other activities, so as not to in the opinion of council, be a nuisance to residents or occupiers on adjacent or nearby land

Ensure that soil or mud is not transferred onto the adjacent roadways by vehicles leaving the site.

Ensure that all litter and building waste is contained on the subject site in a suitable covered bin or enclosure.

Ensure that no sound is emitted from any device, plant or equipment or from any source or activity to become an unreasonable nuisance, in the opinion of council, to the occupiers of adjacent land.

Notes

1. You are further advised that Building Rules Consent is required for the application pursuant to the Development Act 1993.

2. The applicant is required to obtain a permit from council’s Property Transactions team to connect the stormwater from the development to the Side Entry Pit on Trevor Street.

3. The applicant is required to contact council’s Parks and Natural Resources team to remove the street tree from Archerfield Avenue.

4. Development is to be substantially commenced within 12 months and substantially completed within three years of the date of this approval.

5. The proponent is reminded of Clause 23 under Part 6 of the Environment Protection (Noise) Policy 2007. The clause states that construction activity must not occur on a Sunday or other public holiday; and on any other day except between 7am and 7pm. Exceptions to this requirement are prescribed in Clause 23(1) b of the Environment Protection (Noise) Policy 2007.


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Appendices

Development application 145/3602/2014 for Mr D Thompson


Location of representors

1 Roger Leslie Kid 25 Archerfield Avenue, Christies Beach

2 Tony Martin 48 Elgin Avenue, Christies Beach

Subject land at 27 Archerfield Avenue & 8 Trevor Street, Christies Beach

2

1


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Summary of relevant Development Plan General Section provisions for Residential Development

Residential Development

Primary Objectives

Objective 2 - A diverse range of dwelling types and sizes available to cater for changing demographics, particularly smaller household sizes and supported accommodation.

Objective 3 - Medium and high density residential development in areas close to activity centres, public

and community transport and public open spaces.


PDC 11 – Private open space for site areas <300sq m shall have a minimum area of 24sq m and

minimum dimension of 3m, and site areas 300-500sq m shall have a minimum area of 60sq m and

minimum dimension of 4m.

Objectives of Development Control

Objective 2 - A diverse range of dwelling types and sizes available

to cater for changing demographics, particularly smaller

household sizes and supported

accommodation.

Objective 3 - Medium and high

density residential development in areas close to activity centres,

public and community transport and public open spaces.

Satisfied – Yes

The proposed two-storey group dwellings are the first

examples of an alternative type of housing style within the

locality, which provides an alternative to the single storey detached dwelling on large allotments, which is the

dominant form of development.

The medium density development proposed is located

approximately 200m from the Commercial Zone along

Dyson Road to the east and the District Centre Zone along

Beach Road to the south, providing a range of retail and shopping facilities within walking distance from the subject

land.

Principles of Development Control

PDC 11 – Private open space for site areas <300sq m shall have a

minimum area of 24sq m and

minimum dimension of 3m, and site areas 300-500sq m shall have

a minimum area of 60sq m and minimum dimension of 4m.

Satisfied – No

Dwelling 1 has a 4sq m shortfall, but a total of 39sq m of

area available.

Dwellings 3 to 8 have 1sq m shortfalls, excluding the areas

used for refuse bin storage and the rainwater tank.

Dwelling 9 has a 14sq m shortfall, excluding approx. 12sq

m between the carport and dwelling, and additional areas around the dwelling for refuse bin storage.

Private open space for Dwelling 9 would exceed provisions

by 22sq m if allotment was reconfigured from 301sq m to 299sq m.

Design and Appearance

PDC 5 - Entries to dwellings or

foyer areas should be clearly

visible from the street, or access ways that they face to enable

visitors to easily identify individual dwellings.

Satisfied – Yes

Dwellings 1, 2 and 9 have their main entrances facing the street, with Dwellings 3 to 8 having their main entrances facing the

common driveway.

Site Coverage

PDC 9 - Site coverage should

ensure sufficient space is provided

for:

Satisfied – Yes

Sufficient space is provided for each dwelling to accommodate essential domestic items and storage.


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(a) pedestrian and vehicle access

and vehicle parking

(b) domestic storage

(c) outdoor clothes drying

(d) rainwater tanks

(e) private open space and

landscaping

(f) convenient storage of

household waste and recycling receptacles.

Summary of relevant Residential Zone provisions

Primary Objectives:

Objective 1 - A residential zone comprising a range of dwelling types, including a minimum of 15

per cent affordable housing.

Objective 2 - Increased dwelling densities in close proximity to centres, public transport routes

and public open spaces.

Desired Character

It is envisaged that the character, density and pattern of development across the zone will vary according to local conditions. There will be an emphasis on higher residential densities in locations in

close proximity to shopping centres, public transport and public open space on land, with moderate gradients and where impacts on native vegetation and the natural environment will be minimised.

Overall, individual dwellings in the zone will contribute to the desired character by incorporating

elements of good design, which include the establishment of visual and physical connections between the public realm of the streets and private homes, with windows and entrances orientated to provide

opportunities for eyes on the street and enhancing the perception of public safety felt throughout the zone.

It is essential that all development within the zone establishes and maintains it as an attractive place in which to live and where the residential use of land is the primary function.


PDC 7 - Dwellings should be designed within the following parameters unless otherwise stated in a

policy area:

1) Minimum setback from primary road frontage (unless otherwise stated in Table Onka/2 -

Building Setbacks from Road Boundaries

3 metres where located within one of the following policy areas:

(a) Medium Density Policy Area 40

2) Minimum setback from rear boundary (ground floor)



3) Minimum setback from rear boundary (upper storey)



4) Minimum setback from side boundaries

Where the wall height is between 3 metres and 6 metres:


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(a) 2.9 metres if adjacent southern boundary

(b) 1.9 metres in all other circumstances.

5) Maximum site coverage

70 per cent where located within Medium Density Policy Area 40

6) Maximum building height (from natural ground level)

10.5 metres (excluding lift services and gables) where located within Medium Density Policy Area 40

excluding development:

(b) within 200 metres of Gulfview Road and Esplanade intersection at Christies Beach.

7) Minimum number of on site car parking spaces (one of which should be covered)

For residential flat buildings and group dwellings where located in the Seaford Heights Policy Area 43

or Medium Density Policy Area 40:

(c) 1.25 for each dwelling where the dwelling has 3 or more bedrooms or a maximum floor area of more than 130 square metres; and

(d) 1 visitor car park for every five dwellings (available on street parking immediately adjoining the subject land can be counted towards this requirement).

Form and Character

PDC 6 - Development should not be

undertaken unless it is consistent with the desired character for the zone.

Satisfied - Yes

The proposed dwellings are considered to be of a

design and density that is consistent with the desired character of the zone.

PDC 7 - Dwellings should be designed within

the following parameters unless otherwise stated in a policy area:

1) Minimum setback from primary road frontage

3 metres


0 metres


3 metres


Where the wall height is between 3 metres and 6 metres:

1.9 metres


70 per cent


10.5 metres (excluding lift services and gables)

where located within Medium Density Policy Area 40 excluding development:

Satisfied – Yes

The proposed development meets the relevant provisions of PDC 7 as follows:

1) Minimum setback from primary road frontage

3 metres minimum


0.9 metres to 4.5 metres


4.5 metres minimum


Where the wall height is between 3 metres and 6

metres:

1.9 metres


39 per cent


6.7 metres


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(b) within 200 metres of Gulfview Road and

Esplanade intersection at Christies Beach.


For residential flat buildings and group dwellings where located in the Seaford Heights

Policy Area 43 or Medium Density Policy Area 40:

(c) 1.25 for each dwelling where the dwelling has 3 or more bedrooms or a maximum floor

area of more than 130 square metres; and

(d) 1 visitor car park for every five dwellings (available on street parking immediately

adjoining the subject land can be counted towards this requirement).


(c) A total of 16 carparks are provided (including one undercover parking space per dwelling), which

equates to 1.77 per dwelling (or 12 total).

(d) Two visitors parks are required, with four on-

street parking spaces available.

The proposed development provides a total of 20 carparking spaces available (16 on-site, 4 on-street),

with a total of 14 spaces required by the Development Plan.


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Summary of relevant Policy Area provisions

Primary Objectives:

Objective 1 - A residential policy area comprising a range of medium-density dwellings, including a minimum of 15 per cent affordable housing, designed to integrate with areas of open space,

neighbouring centres or public transport nodes.

Desired Character

Over time the policy area will be characterised by medium density housing forms to suit the important strategic location of being positioned around activity centres. This medium density form of

development will provide a diverse and sustainable form of housing.

Dwelling designs will respond to the context of the area and will balance the desire for the more efficient use of land with the attainment of a reasonable level of privacy and amenity for occupants

and nearby residents.

A noticeable difference between this policy area and other residential areas will be the character

established by the application of urban design principles that support high pedestrian amenity.


PDC 1 - The following forms of development are envisaged in the policy area:

affordable housing

detached dwelling

domestic outbuilding in association with a dwelling

domestic structure

dwelling addition

group dwelling

pergola in association with a dwelling

residential flat building (buildings between one and three storeys)

row dwelling

semi-detached dwelling

supported accommodation.

Form and Character

PDC 15 - To reduce noise impacts,

dwelling walls should be setback

from common driveways in accordance with one of the following

minimum distances:

(a) 1.5 metres where the wall

contains a habitable room window.

Satisfied - Yes

The walls for Dwellings 2 to 9 are setback a minimum of 1.5m from the common driveway.

Land Division

PDC 21 - The land division of sites larger than 1500 square metres

should be designed to achieve a

minimum net dwelling density of 45 dwellings per hectare (density

calculations will not consider the potential for mews dwellings above

garages).

Satisfied - Yes

The nine proposed group dwellings are located on a site

1699sq m in area, which equates to a net dwelling density of 53 dwellings per hectare.


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Development Data Table

Site characteristics Guideline Proposed

Site frontage

18.0m minimum 18.2m for both Trevor Street and

Archerfield Avenue frontages

Site area

45 to 67 dwellings net per hectare 53 dwellings net per hectare

Design characteristics Guideline Proposed

Site coverage

Buildings only

70 per cent 39 per cent

Building height

Storeys

Single storey group dwellings and group dwellings with two or more

storeys

One single storey group dwelling and eight two-storey group dwellings

Metres

10.5m 6.7m

Setbacks lower level:

Front boundary

3m 3m minimum

Side boundary

0m, providing wall will not exceed

8m in length and less than 3m in height

900mm in all other circumstances

900mm

Rear boundary

0m 900mm to 4.5m

Setbacks upper level:

Front boundary

3m 3m minimum

Side boundary

1.9m 1.9m

Rear boundary

3.0m 4.5m minimum

Private open space:

Total available

24sq m and 60sq m 20-31sq m and 46sq m

Dimensions

3m wide if less than 300sq m, and 4m wide if 300sq m or greater

3m wide and 3m wide

Carparking and access:


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Design characteristics Guideline Proposed

Number of parks

14 total 16 total

Width of driveway

3m to 4m 3.5m to 5m


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3.4 145/1189/2015 Beresford Estate No 2 Pty Ltd

Proposal Variation to Condition 6 of development application 145/2733/2014, for the change in hours of operation from 10am to 5pm Monday to Sunday (inclusive), to Sunday to Wednesday from 10am to 9pm, and 10am to midnight Thursday to Saturday

Address 252 Blewitt Springs Road, McLaren Flat SA 5171

Zone/Policy Area Primary Production




Gareth and Jodie Carrell Gayle Penney Amanda and Tim Geddes David McCarthy Douglas and Cherie Keogh

Referrals N/A


Report author Mark Kwiatkowski, Senior Development Officer (Planning) Phone: (08) 8301 7293 Email: [email protected]




1.1.2. Appendix 2 – Location of representors







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The proposal seeks a change to the approved hours of operation of the cellar door facility from 10am to 5pm Monday to Sunday (inclusive), to Sunday to Wednesday from 10:00 am to 9pm, and 10am to midnight Thursday to Saturday.

The applicant wishes to vary the approved hours of operation to have the ability to accommodate on occasion, functions and private meetings, outside of the standard core trading times. Examples of such events include:

hosting customers (local and international) at the premises to provide a vertical tasting of the wine portfolio

promotional events such as wine launches

staff meetings and events

to complement public events such as the Sea and Vines Festival.

The applicant envisages that in the main, these events outside of the standard core trading hours, would be for private events (ie by invitation) rather than being open to the public.

1.4. Background

The original development application (DA) 145/1447/2013 for the construction of the cellar door building with deck and feature pond, entry signage, walkway bridge, picnic shelter, ancillary carparking and landscaping and 9,000 litre rainwater tank (underground) at 252 Blewitt Springs Road was approved by the Development Assessment Panel (the Panel) subject to conditions at its meeting on the 14 November 2013.

An amendment DA 145/593/14 was lodged with council for an amendment to 145/1447/2013 for the removal of the reflection pool with replacement landscaping, removal of curved glass to the tasting room, reconfigure sliding doors on the south-west elevation, and change to the external cladding of vertical black aluminium baffles. The application was a category 1 application as prescribed by section 39(7)(c) of the Development Act 1993, in that the application was previously publicly notified as category 3, and no issues in relation to the materials proposed with the cellar door building were raised. The major component of the proposal altered the external materials of the approved building and the amendments did not further impact on the owners or occupiers in the locality. The location of the building and all other aspects of the previously approved application remain unchanged. The DA was approved under delegation.

A further variation application was lodged with council DA 145/2733/2014 for further amendments to the cellar door building, reducing to a single building with covered deck, and amended signage to the building facade and entry statement. This DA was processed as a category 1 type of development as prescribed by section 39 (7) C of the Act and was granted approval subject to conditions in November 2014, under delegation. Condition 6 of the approval which was a previous condition of the Panel indicated „the business shall be restricted to hours of operation between 10am to 5pm between Monday to Sunday inclusive.‟

All other conditions associated with the original approval for DA 145/1447/2013 by the Panel were carried over to the variation approvals.


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2. Site details

2.1. Subject land

The subject land is an irregular shaped allotment with an area of 1.49 hectares, which currently contains a single storey contemporary designed cellar door building positioned in the middle of the site.

The site contains scattered mature trees and has recently been cleared of low level ground cover and shrubs to facilitate the construction of the carparking area, in association with the approved cellar door.

Access to the cellar door will provide a separate entry and exit point to Blewitt Springs Road, and will contain extensive landscaping to the front portion of the site surrounding the carparking area.

2.2. Locality

The surrounding locality is predominantly rural in nature with the allotments to the west containing single detached dwellings on large allotments, with extensive vegetation, and further dwellings on larger allotments used for primary production purposes (viticulture) to the south and east. A winery is located to the south east of the subject land associated with Shottesbrooke vineyards, with further vineyards surrounding the property.

The Guides Australia property is located to the north-east of the subject land, which contains a camp facility with kitchen facilities and dormitories. Two further rural living allotments are located on the opposite side of Blewitt Springs Road, and there are further large rural allotments with single detached dwellings to the north.

The Beresford Function Centre with accommodation, is located on the allotment to the south which is predominately covered by vines, and gains access from Ingoldby Road.

The wider locality contains another winery and cellar door along Beltunga Close in association with Lavina Wines, and a further winery and cellar door building with ancillary parking and landscaping at 201 Blewitt Springs Road, McLaren Flat. The Woodstock Winery and cellar door is located some 150 metres to the east of the subject land, and the Vinpac Winery storage and bottling plant is located further along Douglas Gully Road.

Fencing is typically rural in nature with mainly post and wire fencing present. Signage is fairly minimal in the immediate locality, other than signage for the camping grounds adjacent to the east, and the two wineries on Douglas Gully Road.

It is considered that the locality could be described as a mix of rural living allotments used for primary production purposes (viticulture), and a range of wineries and cellar doors associated with the viticultural use of the rural land holdings.


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Type Merit


Development Plan version 16 April 2015


Category Category 3

Reason Not captured in schedule 9 part 1 or 2 of the Development Regulations 2008. Therefore the proposal defaults to category 3. (Section 38(2)(c) of the Development Act 1993)

Representations to be heard Gareth and Jodie Carrell 2 Beltunga Close, Blewitt Springs Gayle Penney PO Box 1991 McLaren Flat Amanda and Tim Geddes 283 Blewitt Springs Road, Blewitt Springs David McCarthy 257 Blewitt Springs Road, Blewitt Springs Douglas and Cherie Keogh 247 Blewitt Springs Road, Blewitt Springs

Representations not being heard Chris Burrell 309 Blewitt Springs Road, Blewitt Springs



5.1. Land Use

The proposal does not intend to alter the approved use of the subject land as a cellar door. The use of the site as a cellar door in association with the existing primary production (viticulture) use of the site is appropriate in the locality, in accordance with the previous Development Plan assessment. The cellar door will offer an appropriately scaled commercial activity, adding a further tourism offering within the McLaren Flat locality. The approved building and proposed landscaping has been designed to complement the existing natural setting of the subject land, and includes extensive replanting of the site to enhance the natural appearance of the subject land. The question of whether the extended hours of operation are acceptable is assessed further below.

5.2. Amenity

The Council Wide provisions of the Development Plan state that development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:

b) noise


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e) light spill

g) hours of operation

h) traffic impacts.

In addition, the Development Plan encourages development to be designed and sited to minimise negative impact on existing land uses. The Primary Production Zone provisions also encourage development not to detrimentally impact on the amenity of the locality or cause nuisance to adjoining land uses, by way of stormwater, flooding, drainage, effluent disposal, or loss of privacy.

The cellar door has approved hours of operation between 10 am to 5 pm Monday to Sunday inclusive. The proposal seeks to increase the hours of operation to Sunday to Wednesday from 10am to 9pm, and 10am to midnight Thursday to Saturday.

An environmental noise assessment from Sonus Pty Ltd (Sonus) has been provided by the applicant in response to the representations received, which considers the proposal against the Environment Protection (Noise) Policy 2007, and the relevant Development Plan provisions relating to amenity, and considers the impacts on the amenity of the adjoining land uses. The report considered noise at the closest residences during the proposed extended hours of operation from outdoor patrons, the use of the carpark and driveway, operation of plant equipment, and vehicle movements on the public road network.

The environmental noise assessment concluded:

The noise from outdoor patrons will achieve the goal noise levels of the Environment Protection (Noise) Policy 2007 with all patrons inside and nominated sliding doors closed after 10pm.

The noise from use of the carpark and associated driveway will achieve the

goal noise levels of the Environment Protection (Noise) Policy 2007 without any specific acoustic treatment, subject to buses not accessing the carpark after 10pm.

The noise from the operation of the mechanical services plant will achieve the goal noise levels of the Environment Protection (Noise) Policy 2007 when located behind solid screens.

The noise from vehicle movements on the public road network associated with

the development will easily achieve the recommendations of the Department of Planning Transport and Infrastructure‟s Road Traffic Noise Guidelines 2015 without any specific acoustic treatment.

Further, the environmental noise assessment made recommendations to ensure that activities associated with the cellar door, and screening to plant equipment be undertaken to minimise the impacts on the amenity of the adjoining properties. This can be conditioned accordingly should the application be approved.

The recommendations in the Sonus environmental noise assessment include:


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In relation to mechanical plant noise:

Ensure the screens to the service enclosure block line of sight between any mechanical plant and the nearest dwellings on Blewitt Springs Road; and

Ensure the screens of the mechanical plant enclosure are solid, constructed from Colorbond sheet steel or equivalent (ie any material with a similar or greater surface density) and sealed airtight at all junctions, including with the ground.

During the night time period, being 10pm to Midnight on Thursday to Saturday, the following acoustic treatment is required:

Ensure the outdoor area is not accessed by patrons (other than a restricted number of smokers as detailed below).

Ensure all sliding doors (doors D.01, D.02 and D.03 on reference drawing 14.035.WD07.P1, dated May 2015) are closed, such that all patrons are normally within the covered outdoor and indoor cellar door area. A small number of smokers (no more than 10) may be outside at any one time.

Buses not using the car park facility after 10pm on Thursday to Saturday.

The applicant indicated they agree to the recommendations above.

With regard to the impacts from traffic from the proposal, it is considered that the proposal will not result in a significant increase in the volume of traffic to the subject land.

The applicant has indicated „although the extended hours of operation are for all days of the week, it is not intended that the facility will, other than on occasion, be open to the public outside of the core business hours. The variation of the hours of operation will allow the applicant the flexibility to hold events in the evenings when the need arises…the variation in the hours of operation will not significantly change the volumes of traffic frequenting the premises, which in any event, does not generate excessive volumes of traffic and is not beyond the capacity of the local road network. The traffic assessment report provided with the original application concluded that the sightlines for drivers accessing the subject land are appropriate. This will not change as a result of the proposal.‟

The issue of noise from the carpark has been considered within the Sonus environmental noise assessment, subject to no buses using the carpark facility after 10pm on Thursday to Saturday. There will be an acceptable impact from the traffic movements and use of the carpark associated with the increase to hours of operation when measured at the closest residential properties.

Based on the findings of the environmental noise assessment, it is considered that the proposal will have an acceptable impact on the amenity of the immediate and wider locality, subject to the recommendations of the Sonus environmental noise assessments in accordance with the above provisions of the Development Plan relating to amenity.

5.3. McLaren Vale Character Preservation District

The subject land is contained with the McLaren Vale Character Preservation District in the Development Plan and is subject to the Character Preservation (McLaren Vale) Act 2012 (the Act).


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Section 6 of the Act requires consideration of the following:

To recognise, protect and enhance the special character of the district while at the same time providing for the economic, social and physical wellbeing of the community.

To ensure that activities that are unacceptable in view of their adverse

effects on the special character of the district are prevented from proceeding.

To ensure that future development does not detract from the special character of the district.

Otherwise to ensure the preservation of the special character of the district.

Section 7 of the Act identifies the following character values of the district:

the rural and natural landscape and visual amenity of the district

the heritage attributes of the district

the built form of the townships as they relate to the district

the viticultural, agricultural and associated industries of the district

the scenic and tourism attributes of the district.

The proposal will not alter the approved built form on the site and it is considered that the increase in hours of operation is consistent with the objectives of the Act, in that the proposal supports the scenic and tourism attributes of the district, does not impede viticultural or agricultural activities, and will not impact on any heritage or special characteristics of the district.


The proposal was determined to be a category 3 type of development pursuant to Section 38(2)(c) of the Development Act 1993.

Six representations were received and the following issues were raised:

hours of operation proposed not appropriate

noise from the cellar door activities - impact on amenity

traffic and carpark noise - impact on amenity

increase in traffic movements

previous conditions of approval not considered

The applicant response is summarised as follows:

The suitability of the proposed hours of operation have been addressed

in the response from the applicant

Noise from the cellar door activities and traffic and carpark noise have been suitably addressed in the response from the applicant

Issues in relation to the increase in traffic movements have been suitably addressed in the response from the applicant


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No comments in the response specifically addressed the issue of previous conditions not being considered, however the application is applying to vary a previous condition relating to hours of operation.

5.5. Conclusion

The proposal for the change to hours of operation from 10am to 5pm Monday to Sunday (inclusive), to Sunday to Wednesday from 10am to 9pm and 10am, to midnight Thursday to Saturday, is considered appropriate.

The environmental noise assessment has reviewed the proposed hours of operation and subject to some amendments to acoustic properties of machinery, restriction of use of areas in the approved cellar door between 10pm to midnight on Thursday to Saturday, and the restriction of buses after 10pm on Thursday to Saturday, the proposal will have an acceptable impact on the amenity of the adjoining land uses and satisfies the

requirements of the Environment Protection (Noise) Policy 2007 and the relevant Development Plan provisions relating to amenity.

The proposed development is not considered to be seriously at variance with, and sufficiently satisfies, the relevant provisions of the Development Plan and warrants Development Plan Consent.

6. Recommendation


1. RESOLVE that pursuant to section 6(2) of the Character Preservation (McLaren Vale) Act 2012 and to the objects of that Act, it has been determined that the proposal is consistent with and seeks to further the objects of that Act, in that the proposal will not impact upon the scenic and rural landscape or any heritage attributes or special characteristics of the district.


3. RESOLVE to GRANT Development Plan Consent to development application 145/1189/2015 for a variation to Condition 6 of development application 145/2733/2014 for the change in hours of operation from 10am to 5pm Monday to Sunday inclusive, to Sunday to Wednesday from 10am to 9pm and 10am to midnight Thursday to Saturday, at 252 Blewitt Springs Road, Blewitt Springs, subject to the following conditions and advisory notes:

Conditions


2. The cellar door shall be restricted to hours of operation between Sunday to Wednesday from 10am to 9pm, and 10am to midnight Thursday to Saturday.


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3. Final details shall be provided to ensure that screens of the mechanical plant enclosure are solid, constructed from Colorbond sheet steel or equivalent (ie any material with a similar or greater surface density) and sealed airtight at all junctions, including with the ground prior to the issuing of development approval.

4. During the night time period, being 10pm to midnight on Thursday to Saturday, the following acoustic treatment is required:

ensure the outdoor area is not accessed by patrons (other than a restricted number of smokers as detailed below)

ensure all sliding doors (doors D.01, D.02 and D.03 on reference drawing 14.035.WD07.P1, dated May 2015) are closed, such that all patrons are normally within the “covered outdoor” and indoor cellar door area. A small number of smokers (no more than 10) may be outside at any one time.

5. Buses shall not use the carpark facility after 10pm on Thursday to Saturday.

Notes

1. Conditions of previous consents continue to apply to the subject land, unless expressly varied by this consent.


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Appendices Development application 145/1189/2015 for Beresford Estate No 2 Pty Ltd



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2. Location of representors


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3.5 145/802/2015 Beresford Estates Pty Ltd

Proposal Change of use of the existing dwelling to tourist accommodation, function centre with carparking

Address 158 Ingoldby Road (allotments 100 and 101), MCLAREN FLAT SA 5171

Zone/Policy Area Primary Production




Gareth and Jodie Carrell Ben South Helen Low Gayle Penney Amanda and Tim Geddes David McCarthy Douglas and Cherie Keogh Georg Ruebensal and Friederike Scheppachs

Referrals SA Country Fire Service


Report author Mark Kwiatkowski, Senior Development Officer (Planning) Phone: 8301 7293 Email: [email protected]




1.1.2. Appendix 2 – Location of representors




1.2.2. SA Country Fire Service referral response




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The proposal seeks a change in use of the existing building for tourist accommodation and a function centre with carparking.

More specifically the proposal includes:

The conversion of the bedrooms and living areas of the eastern and western

wings of the dwelling to two tourist accommodation units, accommodating a maximum of eight guests.

The conversion of the existing central „formal dining room/ballroom‟ into the main function room of the facility.

The conversion of the open rooftop entertaining area to a secondary function area and a casual drinks area for overnight guests, when not used for functions. The upper level kitchen and wet areas will be used by overnight guests and for functions.

The conversion of the underground garage, workshop area and the two cellar/store areas into a carpark/garage, a large cellar area and two storage areas while retaining an existing small cellar area as a cellar. These areas will be utilised in conjunction with both the tourist accommodation and the functions.

The conversion of the existing study to an office for the facility.

The construction of an outbuilding adjacent the south western corner of the

existing dwelling. The outbuilding will contain a commercial kitchen to be used for food preparation for functions and overnight guests, store and toilet facilities.

The construction of a small addition abutting the south eastern corner of the existing dwelling to accommodate unisex toilet facilities.

The establishment of a services area adjacent the south western corner of

the existing dwelling (adjacent the unisex toilet).

The establishment of a delivery area to the north of the proposed

outbuilding.

The construction of a carparking area and vehicle manoeuvring area

amongst the vineyards in an area formerly containing sheds. The carparking area will accommodate 52 carparking spaces.

Access to the development will be via the existing driveway and access point on Ingoldby Road.

An upgrade of the existing wastewater disposal system to accommodate the facility.

The functions aspect of the proposal will accommodate a maximum of 150 guests, with an average of approximately 100 guests.

The proposed hours of operation for the function component of the facility will be as follows:

Monday to Thursday: 7am to 11pm

Friday and Saturday: 7am to 1am the following morning

Sunday: 8.30am to 11pm


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1.4. Background

There have been a number of development applications on the subject land.

There is no record for the construction of the original dwelling, however a development application (DA) to convert the existing dwelling into a wine centre for exhibition, tasting and training was approved in 1999.

A further telecommunications facility comprising a 24.3 metre high mobile phone tower and a 7.5 square metre equipment hut was approved on the subject land in 2004.

A further DA for dwelling additions (resulting in three stories) comprising cellar, roof terrace, retaining walls and living area was approved by the Environment, Resources and Development Court in 2006, which resulted in the building in its current form.

The original and subsequent DAs for the cellar door associated with Beresford are 145/1447/2013, 145/593/2014 and 145/1447/2013 and are on the adjoining allotment to the north of the subject land at 252 Blewitt Springs Road, Blewitt Springs.

Legal advice was sought in relation to the nature of the development, and if the proposal could be considered as an integrated development, and whether the proposal should be assessed as a merit or non-complying application.

The advice received from council‟s solicitors indicated in light of recent court decisions (ie the Chappell Investment Company v City of Mitcham 2009) is that the proposed development should be characterised as tourist accommodation and a function centre and that the proposal would have to satisfy the exceptions of those listed in the non-complying table of the Primary Production Zone relating to tourist accommodation. The proposal does satisfy the exceptions of those listed in the non-complying table of the primary production relating to tourist accommodation in that the original house was in establishment prior to 21 September 2000 as identified below:

(b) wholly within a dwelling or lawful tourist accommodation existing as at 21 September 2000, and where up to ten guests are accommodated in non-hosted accommodation.

The majority of works have already been undertaken to the building and the parking area, and the access driveway has been constructed.

Signage works have been undertaken, including fascia signage to existing building and internal directional signage. Correspondence from the applicant states:

Please be advised that the advertising displays will now be subject to a separate development application. This is so that the development applications for both projects can be considered at the next DAP meeting. In my opinion, the change of use of the land to accommodate the tourist development is not dependent on the advertising displays. In addition, it would be more efficient for all involved (including Council, representations and the applicant) that both applications are considered at the same DAP meeting.‟


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2. Site details

2.1. Subject land

The subject land consists of two allotments with a site area of approximately 33 hectares and is square in shape. The smaller lot contains an existing dwelling in the middle of the site with underground parking. The majority of the site is used for viticultural purposes, with the parking area being on lot 101 immediately adjoining the north east corner of lot 100.

The subject land also contains a number of smaller outbuildings and a larger outbuilding in the northern portion of the site, in close proximity to the dam.

There is a fall from the middle point of the southern boundary to the north western corner of the site where the dam is located.

Access to the site is gained from Ingoldby Road.

The land also contains a telecommunications tower and a 7.5 square metre equipment hut in the southern portion.

2.2. Locality

The surrounding locality is predominately rural in nature, with the allotments to the west containing single detached dwellings on large allotments with extensive vegetation, and further dwellings on larger allotments used for primary production purposes (viticulture) to the south and east.

A winery is located to the south east of the subject land associated with Shottesbrooke Vineyards, with further vineyards surrounding the property.

Guides Australia is located to the north east of the subject land which contains a camp facility with kitchen facilities and dormitories. Two further rural living allotments are located on the opposite side of Blewitt Springs Road, and there are further large rural allotments with single detached dwellings to the north.

The Beresford cellar door is located on the land to the north of the subject land on the opposite side of the dam, and gains access from Blewitt Springs Road.

The wider locality contains a further winery and cellar door along Beltunga Close in association with Lavina Wines, and a further winery and cellar door building with ancillary parking and landscaping at 201 Blewitt Springs Road, McLaren Flat. The Woodstock Winery and cellar door is located some 150 metres to the east of the subject land and the Vinpac Winery/Bottling Plant, storage and bottling plant is located further along Douglas Gully Road.

Fencing is typically rural in nature with mainly post and wire fencing present. Signage is fairly minimal in the immediate locality, other than signage for the camping grounds adjacent to the east, and the two wineries on Douglas Gully Road.

It is considered that the locality could be described as a mix of rural living allotments used for primary production purposes (viticulture), and a range of wineries and cellar doors associated with the viticultural use of the rural land holdings.


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Type Merit


Development Plan version 14 August 2014


Category Category 3

Reason Not captured in Schedule 9 part 1 or 2 of the Development Regulations 2008. Therefore the proposal defaults to Category 3 pursuant to Section 38(2)(c) of the Development Act 1993

Representations to be heard Gareth and Jodie Carrell 2 Beltunga Close, Blewitt Springs Ben South 178 Blewitt Springs Road, McLaren Flat Helen Low 178 Blewitt Springs Road, McLaren Flat Gayle Penney 28 Beltunga Close, Blewitt Springs Amanda and Tim Geddes 283 Blewitt Springs Road, Blewitt Springs David McCarthy 257 Blewitt Springs Road, McLaren Flat Douglas and Cherie Keogh 247 Blewitt Springs Road, McLaren Flat Georg Ruebensal and Friederike Scheppach 285 Blewitt Springs Road, Blewitt Springs

Representations not being heard N/A


5. Referrals



Council‟s Senior Traffic Engineer has inspected the site and supports proposed traffic movements subject to provision of further detail relating to the location of disabled parking spaces and the provision of bus parking. The use of the existing access from Ingoldby Road is supported. Adequate manoeuvring areas are provided for cars and buses in and out of the site. The proposed carpark is to be constructed in accordance with Australian Standards.


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5.1.2. Environmental Health

Council‟s Environmental Health team has reviewed the proposal and advised that any planning consent should include certain conditions and advisory notes. The proposal indicates that an upgrade of the wastewater system will be made to accommodate use of the facility. Conceptually the proposed development can meet health requirements however, further information is required in the form of a wastewater works application for a thorough assessment. Final detailed designs to be considered by council‟s Environmental Health team prior to the issuing of development approval.


6.1. Land Use

The objectives of the Primary Production Zone encourage the development of a sustainable tourism industry with accommodation, attractions and facilities which relate to and interpret the natural and cultural resources of the region, and increase the opportunities for visitors to stay overnight and extend the economic base of the region in an environmentally sensitive and sustainable manner. Further, the objectives encourage the establishment of appropriately scaled „value added‟ commercial activities to utilise local rural production, including the establishment of niche market products within suitable areas, and resulting in minimal landscape intrusion and environmental impact.

The proposed change of use of the existing dwelling to tourist accommodation development and a function centre is consistent with the intent of the Primary Production Zone, in that the proposal will increase the opportunities for visitors to stay overnight and extend the economic base of the region. This can occur in an environmentally sensitive and sustainable manner within an existing building, and will provide a value added commercial activity resulting in minimal landscape intrusion and environmental impact. The proposed conversion of the existing building has been designed to complement the existing setting of the subject land. The proposed development will not impact on the sustainable use of the majority of the land for primary production purposes (viticulture).

6.2. Character

The locality is characterised with a mixture of allotment sizes both large and small, with the larger allotments primarily being used for primary production purposes (viticulture) and wineries, and the smaller allotments being developed for rural living purposes.

As tourist accommodation and a function centre developments are anticipated in the Primary Production Zone, it is reasonable to expect that these buildings and associated structures will have some visual intrusion on the landscape, and the Principles of Development Control of the Zone provide guidance on this issue. In particular, buildings should be located in unobtrusive locations in such a way as to not be visible against the skyline when viewed from public roads, be sited on an excavated rather than a filled site, and be located in such a way as to maximise the retention of existing native vegetation, and the protection and retention of watercourses.


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Further, buildings should be designed in such a way and be of such a scale as to be unobtrusive and not detract from the desired rural character of the zone, by ensuring that the mass of buildings are minimised by variations in wall and roof lines, and by floor plans which complement the contours of the land. The mass of buildings should be minimised by having separate vehicle storage areas, and the external materials of buildings should be of natural colours so as to be unobtrusive, blend with a natural rural landscape, and minimise any visual intrusion.

It is considered that the proposed location of the existing building is setback sufficiently from both Blewitt Springs Road and Ingoldby Road, and sits comfortably on the site away from all boundaries and adjoining dwellings. The proposal will not include any significant excavation and the existing building has a built form which sits comfortably on the site. It is considered that the refurbishment of the existing building and the small extension to the side of the building is in keeping with the majority of built form within the locality in terms of mass and proportion.

The proposed reuse of the existing building to accommodate the proposed use as a tourist accommodation development and a function centre development is considered an appropriate use of the land in association with the primary use of the land for viticultural purposes. Further, the carparking area and access paths are located in areas of the site which are not used for primary production purposes and will not impact on the sustainable use of the remainder of the land for primary production purposes.

6.3. Amenity and interface between land uses

The General Section provisions of the Development Plan state that development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:

b) noise

e) light spill

g) hours of operation

h) traffic impacts.

In addition, development is encouraged to be designed and sited to minimise negative impact on existing land uses. The Primary Production Zone provisions also encourage development not to detrimentally impact on the amenity of the locality or cause nuisance to adjoining land uses by way of stormwater, flooding, (including the drainage of run-off from the land) effluent disposal, or loss of privacy.

The proposal seeks hours of operation for the function centre between



Sunday: 8.30am to 11pm.


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With regard to the proposed hours of operation, the applicant has indicated:

„The facility is intended to be used for private events and functions and therefore will generally not be open for the full range of hours as proposed. However, the proposed hours are proposed to have the flexibility to ensure that the facility is able to cater for an event where such hours are required. This is the case with other facilities throughout the area where the approved hours of operation are often greater than the actual operating hours.‟

An environmental noise assessment from Sonus Pty Ltd has been provided by the applicant in response to the representations received, which considers the proposal against the Environment Protection (Noise) Policy 2007 and the relevant Development Plan provisions relating to amenity, and considers the impacts on the amenity of the adjoining land uses.

The report considered noise at the closest residences during the proposed hours of operation from outdoor patrons, music in the function room and open roof top terrace, the use of the carpark and driveway, operation of plant equipment, and vehicle movements on the public road network.

The environmental noise assessment concluded:

The noise from outdoor patrons will achieve the goal noise levels of the Environment Protection (Noise) Policy 2007 without any specific acoustic treatment measures due to the large separation distances between the facility and the closest noise sensitive receivers.

The noise from use of the car park and associated driveway will achieve the goal noise levels of the Environment Protection (Noise) Policy 2007 without the requirement for specific acoustic measures due to the separation distance of the facility from the nearest dwellings.

The noise from the operation of the mechanical services plant will achieve the goal noise levels of the Environment Protection (Noise) Policy 2007 without any specific acoustic treatment.

With regard to music noise, in the function room the following recommendations are proposed to achieve the relevant music noise criteria at the closest noise sensitive receivers:

ensure the front (northern) doors to the function room are closed and

sealed airtight; and

ensure all the doors to the outdoor courtyards are closed and sealed

airtight, with the exception of one door (one pane of glass) on both sides (eastern and western courtyards) for access. On the western façade, the access door must be the most northern door (i.e. the hinged door to the north of the other operable door elements).

With regard to music in the roof top, the report concludes:

That music at any location within the open roof top terrace should be restricted to a level of 65 dB(A). Such a level is typical of outdoor “beer garden” environments playing background music.


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With the above recommendations in place for music played in the outdoor roof top terrace, PDC 10 will be easily achieved. In addition, PDC 10 will be achieved when outdoor background music is combined with the internal music levels considered above for the function room.

With regard to vehicle movements on the public road network, the report indicates:

An assessment has been made of the increase in traffic noise from the public road network at the closest noise sensitive receivers, based on assumed traffic flows on the road network due to the tourist development of 110 passenger vehicle movements, and 2 bus movements.

Regardless of whether the traffic flows occur during the day or night, an equivalent noise level no greater than 45 dB(A) is predicted for traffic associated with use of the tourist development. That is, noise from vehicles associated with the development on the public road network will be significantly less than the level considered to unreasonably interfere with the amenity of the area under the Guidelines.

In addition to the analysis above, existing vehicles on the road are typically of a similar character, experienced in higher numbers, travel at higher speeds and generate higher noise levels when compared to vehicles which could use the entry and exit of the development.

Based on the above, the movements of vehicles on the public road network associated with use of the development will not detrimentally affect the amenity of the locality.

Based on the findings of the environmental noise assessment, it is considered that the proposal will have an acceptable impact on the amenity of the immediate and wider locality subject to the recommendations of Sonus Pty Ltd.

6.4. Parking and access

The proposal includes a total of 53 carparking spaces and sufficient area for the parking of buses on site. The parking area has been designed in accordance with the relevant off street car parking standards.

The proposal intends to use the existing access point from Ingoldby Road for entry / egress purposes, which provides an acceptable level of sight distance for cars entering and exiting the subject land.

The floor area of the function centre proposed an area of approximately 470 square metres, including the two courtyards and the open rooftop terrace. Based on the rate of 4 - 6 spaces per 100 square metres for non-residential development, the proposal would require a total of 19 to 28 parking spaces for the function centre component. The tourist accommodation component of the development requires a rate of one space per bedroom, which results in a requirement for five parking spaces based on the five beds proposed. At the higher rate of parking for the function centre, the proposal requires a total of 33 spaces.

The proposal provides 53 spaces and adequate area on site for the parking of buses. It is considered that there will be adequate parking provided on the subject land to satisfy the requirements of the Development Plan and the demand generated by the proposed development.


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A condition of consent, should the application be approved can ensure that the parking plans are amended to include the provision of a disabled parking space and a formal space for the parking of two buses.

The proposed carparking layout in this instance is considered appropriate in that it will provide sufficient area for off street parking spaces for both buses and cars to meet the anticipated demand, provides an appropriate access and egress point, and has been assessed to have no adverse traffic impacts on the adjoining locality in keeping with the provisions of the Development Plan. On this basis, it is considered that the proposal is appropriate from a traffic and access perspective.

6.5. Waste management

Council‟s Environmental Health team has reviewed the proposal and recommends certain conditions and notes for a planning consent. The proposal indicates that an upgrade of the wastewater system will be made to accommodate use of the facility. Conceptually the proposed development can meet health requirements; however, further information is required in the form of a wastewater works application for a thorough assessment. Final detailed designed can be considered by council‟s Environmental Health team prior to the issuing of any development approval.

6.6. McLaren Vale Character Preservation District

The subject land is contained with the McLaren Vale Character Preservation District in the Development Plan and is subject to the Character Preservation (McLaren Vale) Act 2012 (the Act).

Section 6 of the Act requires consideration of the following:

To recognise, protect and enhance the special character of the district

while at the same time providing for the economic, social and physical wellbeing of the community.

To ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding.

To ensure that future development does not detract from the special character of the district.

Otherwise to ensure the preservation of the special character of the

district.

Section 7 of the Act identifies the following character values of the district:

the rural and natural landscape and visual amenity of the district

the heritage attributes of the district

the built form of the townships as they relate to the district

the viticultural, agricultural and associated industries of the district

the scenic and tourism attributes of the district.

The proposal will not significantly alter the appearance of the existing built form on the site and it is considered that the proposed use of the site for a function centre and tourist accommodation is consistent with the objectives of the Act, in that:


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the proposal supports the scenic and tourism attributes of the district

does not impede on viticultural or agricultural activities

will not impact on any heritage or special characteristics of the district.


The proposal was determined to be a category 3 development pursuant to Section 38(2)(c) of the Development Act 1993.

Eight representations were received and the following issues were raised:

hours of operation proposed not appropriate and will impact on amenity

noise from the proposed function centre and tourist accommodation activities and impact on amenity

traffic and carpark noise impact on amenity

increase in traffic movements along Ingoldby Road and Blewitt Springs

intensification of commercial activities in the area

The applicant‟s response is summarised as follows:

The suitability of the proposed hours of operation and impact on amenity have been addressed in the environmental noise assessment response by Sonus Pty Ltd and response to representations.

Noise from the cellar door activities and traffic and carpark noise have been suitably addressed in the environmental noise assessment response by Sonus Pty Ltd and response to representations.

Issues in relation to the increase in traffic movements have been suitably

addressed in the response to representations and within the report.

Capacity of the function centre has not been addressed by the applicant in the response to representations but it has been considered within the report.

The intensification of commercial activities in the area and accumulative effect of commercial activities in the area is not a planning matter and has not been reviewed as part of this planning assessment.

6.8. Conclusion

The proposal seeks a change in use of the existing building for tourist accommodation and a function centre with carparking and signage.

The proposed change of use of the existing dwelling for tourist accommodation and a function centre is consistent with the intent of the Primary Production Zone, in that the proposal will increase the opportunities for visitors to stay overnight and extend the economic base of the region in an environmentally sensitive and sustainable manner within an existing building, and will provide a value added commercial activity resulting in minimal landscape intrusion and environmental impact. The proposed conversion of the existing building has been designed to complement the existing natural setting of the subject land. The proposed development will not impact on the sustainable use of the majority of the land for primary production purposes (viticulture).


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Further, the carparking area and vehicle access paths are located in areas of the site which are not used for primary production purposes and will not impact on the sustainable use of the remainder of the land for primary production purposes.

Based on the findings of the environmental noise assessment, it is considered that the proposal will have an acceptable impact on the amenity of the immediate and wider locality subject to the recommendations of Sonus.

The proposal provides 53 parking spaces and adequate area on site for the parking of buses. It is considered that there will be adequate parking provided on the subject land to satisfy the requirements of the Development Plan and the demand generated by the proposed development.

It is considered that the proposed development is an appropriate land use and will maintain the rural and natural landscape and visual amenity of the district in accordance with the Character Preservation (McLaren Vale) Act 2012 and provisions of the Development Plan.

The proposed development is not considered to be seriously at variance with, and sufficiently satisfies, the relevant provisions of the Development Plan and warrants Development Plan consent.

7. Recommendation


1. RESOLVE that pursuant to section 6(2) of the Character Preservation (McLaren Vale) Act 2012 and to the objects of that Act, it has been determined that the proposal for the conversion of existing dwelling to tourist accommodation, function centre, signage and carparking is consistent with and seeks to further the objects of that Act, in that the proposal will not impact upon the scenic and rural landscape or any heritage attributes or special characteristics of the district.


3. RESOLVE to GRANT Development Plan Consent to development application 145/802/2015 for the conversion of the existing dwelling to tourist accommodation and function centre and carparking at 158 Ingoldby Road, McLaren Flat SA 5171 subject to the following conditions and advisory notes:

Conditions



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2. The business shall be restricted to hours of operation between



Sunday: 8.30am to 11pm

3. The area set aside for the parking of vehicles on allotment 101 shall be kept available for use by allotment 100 and shall not be used for any other purpose.

4. That carparks and any traffic control devices be designed and constructed in accordance with AS 2890 – Part 1 – 2004 Off-Street Car parking, AS 1742 Manual of Uniform Traffic Control Devices and the Notice to Council (Part 1 and 2) under the Road Traffic Act 1961 from the Minister for Transport and Urban Planning (December 1999).

5. Final details of the location of any disabled parking spaces and bus parking areas shall be submitted prior to the issuing of development approval to the reasonable satisfaction of council.

6. During construction and at all times thereafter, stormwater generated from the development shall be diverted away from all buildings, shall not pond against or near the footings, and shall not be discharged onto adjoining land. Stormwater shall be captured and drained to tanks for reuse on the site.

7. Music at any location within the open roof top terrace shall be restricted to a level of 65 dB(A) to minimise impacts on the amenity of the locality.

8. Within the function room, when music is played above a level of 65 dB(A), the front (northern) doors to the function room are to be closed and sealed airtight; and all the doors to the outdoor courtyards shall be closed and sealed airtight, with the exception of one door (one pane of glass) on both sides (eastern and western courtyards) for access. On the western façade, the access door must be the most northern door (ie the hinged door to the north of the other operable door elements).

9. No more than 10 persons shall stay onsite within the accommodation facility.

10. The function centre shall accommodate a maximum of 150 guests at any given time.

Notes

1. Conditions of previous consents continue to apply to the subject land, unless expressly varied by this consent.

2. Development is to be substantially commenced within 12 months and substantially completed within three years of the date of this approval.

3. Your attention is drawn to the Environment Protection Authority’s Code of Practice for stormwater pollution prevention which provides for site management practices during the construction process.

4. Collection of waste and recycling from the development is subject to negotiation with council’s Waste and Recycling section.


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5. A waste control application must be lodged with council’s Environmental Health team and approved prior to the commencement of any building work. The owner/applicant must sign the application form and provide a contour site plan drawn to a scale of 1:200, with details of all drains shown including the method of disposal of the wastewater. The approved waste water system must be installed and constructed in accordance with the relevant provisions of the South Australian Public Health Act 2011 & AS/NZS 3500, prior to habitation/occupation.

6. The redundant waste water system shall be satisfactorily removed or decommissioned as required by council’s Environmental Health team.

7. The location of the existing waste water system has not been shown on the site plan. The proposed building work should not be located over, or within 2.5 metres of the septic tank or waste water disposal areas.

8. Pursuant to the South Australian Public Health Act 2011, no building work, structures, paving, parking of vehicles or driving over an approved waste water disposal area (including set back distances), is permitted.

9. All wastewater from the premises must be discharged to a waste control system that complies with the provisions of the South Australian Public Health Act 2011.

10. The approval does not include signage and will be the subject of a separate application


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Appendices

Development application 145/802/2015 for Beresford Estate No 2 Pty Ltd



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2. Location of representors

1 Gayle Penney, 220 Blewitt Springs Road

2 Douglas and Cherie Keogh, 247 Blewitt Springs Road

3 David McCarthy, 257 Blewitt Springs Road

4 Amanda and Tim Geddes, 283 Blewitt Springs Road

5 Gareth and Jodie Carrell, 2 Beltunga Close

6 Chris Burrell, 309 Blewitt Springs Road

7 Ben South & Helen Low, 178 Blewitt Springs Road

8 Georg Ruebensal & Friederike Scheppach, 285 Blewitt Springs Road


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4. Items for decision only

Nil.

5. Outstanding matters - (appeals and deferred items)

5.1 Deferred Items (information only)

Nil.

5.2 Appeal Items (information only)

145/1829/2012 Woolcock Engineering Pty Ltd

Meeting date and Panel 23 April 2015

Bill Chandler, Greg Olbrich, Judith Urquhart, Grant Halstead, Debra Arnold, Darryl Parslow, Bill Jamieson

Development Officer (Planning) – Michael Gachet

Representor appeal

Description To construct a 1850 sq m canopy on the southern elevation of the existing shed used in association with an existing earthmoving business at Lot 101 Brookside Road, Flagstaff Hill

Information The development application was approved by the Panel at its meeting held 1 May 2014.

A reserved matter was imposed by the panel requiring that the realigned Right Of Way be shown on the representor‟s Certificate of Title. Agreement between the applicant and the representor was not reached and the requirements of the reserved matter could not be completed. However, after assessing the steps taken by the applicant to meet the requirements of the reserved matter, the Panel determined that it had been sufficiently complied with.

The representor appealed the decision, and a preliminary conference was held 1 June 2015. The representor advised the Court that he wants the reserved matter re-instated to enable negotiations to continue to formalise the ROW. A directions hearing was held 23 June 2015 and the Court directed the appellant to file and serve particulars of his grounds for appeal by 4 August 2015. A further directions hearing was held 11 August and as no compromise wasreached, a further directions hearing has been scheduled for 1 September.


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145/2198/2014 Fairmont Homes Group Pty Ltd

Meeting date and Panel 16 July 2015

Bill Chandler, Judith Urquhart, Grant Halstead, Darryl Parslow, Bill Jamieson

Development Officer (Planning) – John Mason

Representor appeal

Description To construct two x residential flat buildings comprising four x two-storey dwellings with garages, driveway and landscaping at 83 Fenton Avenue, Christies Beach

Information The development application was approved by the panel at its meeting held 1 May 2014.

The Environment, Resources and Development Court has advised that a preliminary hearing has been scheduled for 31 August 2015.

6. Other business

6.1 Matters for referral

Meeting date/item no.

Issue referred Relevant team/section

Response

Item 6.1.1

9 April 2015

In relation to item 3.1 on the agenda, and in consideration of the representations heard in relation to the proposal, council‟s Development Compliance team is requested to consider undertaking an audit of the property to ensure its compliance with the ERD Court order issued 24 September 2013 in relation to development application 145/4052/2010.

Development Compliance

Investigations revealed non-compliance with two conditions of development approval. A retrospective development application 145/1513/2015 for a sign and variation to the landscape buffer relating to development applications 145/2763/2014 and 145/4052/2010 has been lodged and is currently under assessment.

Item 6.1.2

17 July 2015

In relation to item 3.1 on the agenda, council‟s Development Compliance team is requested to consider reviewing any previous approvals associated with the subject and follow up any non-compliance with conditions, with particular emphasis on carpark/security lighting.

Development Compliance

To be considered.


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Meeting date/item no.

Issue referred Relevant team/section

Response

Item 6.1.3

6 August

2015

In relation to item 3.2 on the agenda, council‟s Development Compliance team is requested to consider reviewing any previous approvals associated with the subject, and follow up any non-compliance with conditions, with particular emphasis on noise, dust, landscaping and odour associated with exhaust fans.

Development

Compliance

To be considered.


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6.2 Annual Report of the Development Assessment Panel 2014-15 H2

This is a regular or standard report.

Manager: Renée Mitchell, Manager Development Services

Report Author: Ben Victory, Principal Planner

Contact Number: (08) 8384 0602

Attachments: 1. Development Assessment Panel Annual Report 2014-15

(6 pages)

2. Development Assessment Panel Terms of Reference (9

pages)

3. Development Assessment Panel Operating and Meeting

Procedures (8 pages)

1. Purpose

The Panel‟s Terms of Reference (ToR) states that a written report is to be provided to the Council each year and the Presiding Member will attend and present the report to Council.

The draft Development Assessment Panel‟s Annual Report 2014-15 is contained in attachment 1 to this agenda report. The report contains a statistical summary of the activities of the Panel over the last year and a commentary on a range of legislative, procedural and other issues addressed by the Panel.

2. Recommendation(s)

That the Panel approve the Development Assessment Panel’s draft Annual

Report 2014-15 as contained in attachment 1, as information to be noted by Council at its 8 September 2015 meeting.

3. Background

The Annual Report outlines the activities of the Panel over the preceding year and provides an opportunity for the Panel to comment on any other relevant matters such as procedural issues, delegations, or other trends and issues arising from the business of the Panel.

The Presiding Member of the Panel, Bill Chandler, will attend the Council meeting of 8 September 2015 to present the Annual Report.

The Panel‟s Terms of Reference and Operating and Meeting Procedures are also provided as attachments 2 and 3 to this report. Some minor updates only are needed for the current name of the relevant Department and Director (Corporate and City Services). However, our Governance staff advised these can be reviewed at the end of the year along with others confirming committee membership changes for Elected Members. It is also appropriate to update later in the year following any necessary changes from the upcoming state government planning reforms.


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7. Closure

development assessment panel thursday, 27 august 2015 at ......sides of the facility, 2.4m high...

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