development assessment panel thursday, 6 november 2014 at ... … · in 2013, virtually the same...

City of Onkaparinga Development Assessment Panel 6 November 2014

Development Assessment Panel Thursday, 6 November 2014 at 7pm Council Offices Noarlunga Centre

Panel members Bill Chandler, Presiding Member Heidi Greaves

Judith Urquhart Grant Halstead

Bill Jamieson Debra Arnold

Darryl Parslow

Officers

Renée Mitchell, Manager Development Services John Mason, Development Officer Planning Dianne Hockey, Development Officer Planning

1. Opening of meeting and apologies 2

2. Minutes of previous meeting held 16 October 2014 2

3. Items for hearing and a decision 3

3.1 145/848/13 Kopi Tiam Pty Ltd 3 3.2 145/290/2014 Silver Spear Pty Ltd 109

4. Items for decision only 155

4.1 145/2361/2014 Federation Centres 155

5. Outstanding matters - Appeals and deferred items 183

5.1 Deferred Items (information only) 183

5.2 Appeal Items (information only) 184

6. Other business 185

7. Closure 185


1. Opening of meeting and apologies

2. Minutes of previous meeting held 16 October 2014

Development Assessment Panel 6 November 2014

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3. Items for hearing and a decision3.1 145/848/13 Kopi Tiam Pty Ltd

Construction of a three storey integrated development building comprising a restaurant (30 seats), six x three-storey row dwellings (three with adaptable use ground floors) and two tourist accommodation apartments, with associated carparking and landscaping at 1 Moana Crescent, Moana.

Report author John Mason, Development Officer Planning

Contact: Phone: 8384 0549

Email: [email protected]

Recommendation: Approval

Attachments: 1. Site and locality plan(s) (3 pages)

2. Application documents2.1. Planning report (24 pages)2.2. Plans & elevations (15 pages)2.3. Traffic report GTA Consultants (8 pages)2.4. Market Commentary Harcourts (3 pages)2.5. Letter from Deep Blue Café (1 page)2.6. Certificate of title (2 pages)

3. Representations (19 pages)

4. Applicant’s response (6 pages)

5. Agency comments (3 pages)

Personal Representations:

Sandi-Kate Hutchins on behalf of Moana Caravan Park Josephine Evers and Terrence Kimball Agostino Caruso Rob Negerman and Rebecca Moore

1. Summary of proposal

Owner of Land - Kopi Tiam Pty Ltd

Zone - Tourist Accommodation (Moana Foreshore Policy Area)

Form of Assessment - Merit

Public Notification Category

- 3

Agency Consultations - Coast Protection Board

1.1. Description of proposal

The proposal seeks to construct a three storey integrated development building comprising of a 30 seat capacity restaurant, six x three-storey row dwellings (three


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with adaptable use ground floors), and two tourist accommodation apartments, with associated carparking and landscaping.

The building is proposed to be positioned at the western front of the property, with the restaurant and tourist accommodation units at the northern end, and with row dwellings positioned to the south, facing west and fronting the Esplanade.

Each tourist accommodation unit contains two bedrooms, two bathrooms and has a front balcony. The primary entrance into the units is through the building lobby accessed from Moana Crescent. An elevator and access stairs service the units.

The row dwellings will each have four bedrooms, with three of the dwellings designed to have an adaptable ground floor level that could potentially be developed with a commercial use in the future. All dwellings will have balconies. The most southern dwelling is to have a guest room. The dwellings each have a floor area of 175sq metres accept for the most southern dwelling which has a floor area of 210sq m. The main pedestrian entrance into the dwellings is from the Esplanade.

The proposal incorporates 19 on-site parking spaces, 12 of which are associated with the row dwellings and are undercover within garages. Two spaces are allocated for the tourist accommodation units in the south-eastern corner of the site, and the remaining seven are to service the restaurant.

The restaurant is to be 85sq metres in area and outdoor dining is proposed for both road frontages. The primary entrance to the restaurant is to be from the Esplanade.

Landscaping is proposed in the front setback of the dwellings, along both sides of the proposed shared driveway, and in areas surrounding the carparking area on the eastern boundary.

1.2. Description of the site and locality

The subject land is located on the corner of Moana Crescent and the Esplanade, Moana. Immediately to the north of the land is Nashwauk Reserve, which provides a public amenity/recreation function. To the west, a public carpark separates the site from the Moana foreshore. The land is bounded by the Moana Caravan Park to the east, and a group of two-storey semi-detached dwellings to the south, which overlook Pedler Creek.

The locality displays a variety of land uses, including tourist accommodation, low to medium density residential development, open space (for both conservation and recreation), community facilities and some commercial development. The existing built form does not have a consistent architectural style with an assortment of post-war and contemporary buildings, ranging from single storey transportable homes to modern two-storey row dwellings. Recent development in the form of holiday townhouses, facing the Esplanade and Fourth Avenue, and the prominent Moana Surf Lifesaving Club building on the western edge of the reserve, has begun to redefine the character of the area by introducing bright colours and contemporary roof forms.

The site itself is vacant and approximately 1740m2 in area, with a frontage of 46.2m to the Esplanade and 21.34m to Moana Crescent. It is irregular in shape and is built up approximately one metre above the street water table height. There is no substantial vegetation. The former Moana Roundhouse building which was of historical significance in the area and located on the subject land, was demolished in 2006 as it had become structurally unsafe.


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1.3. Background

In 2008 a development application was lodged for the construction of five three storey holiday apartments (tourist accommodation) with associated garaging, tea/conference rooms, swimming pool, driveway and landscaping on the subject land. The application was approved by the Development Assessment Panel 26 February 2009. The design of the building incorporated a curved design to acknowledge the former ‘Roundhouse’ building. This application lapsed 12 March 2014, due to building rules consent not being obtained.

In 2013, virtually the same design as proposed for this application was applied for (development application 145/3188/2013). The main difference between the proposals was the capacity of the restaurant, and the adaptable use ground floors were not included in the design for the three most northern dwellings. This application was withdrawn 14 January 2014.

2. Consultation

Category 3: Notice of the application is given to adjoining property owners and anadvertisement placed within The Advertiser newspaper. The applicant may respondto any valid written representations received.

2.1. Public notification

Representations:

Name Address For Against To be heard

1. Ms S Hutchins (On behalf of the Moana Caravan Park)

39 Sydney Crescent Christies Beach

X Yes

2. Ms J Evers & Mr T Kimball 8 Second Avenue Moana

X Yes

3. Mr A Caruso c/- Duncan Basheer Hannon 66 Wright Street Adelaide

X Yes

4. Ms R Moore & Mr R Negerman 1/31 Nashwauk Crescent Moana

X Yes

5. Mr J Bowman 73 Nashwauk Crescent Moana

X No

6. Ms C Corey 27 Dalkeith Road Seaford Rise

X No

7. Platamon Commercial Holdings Pty Ltd

313 Esplanade Moana

X No

8. Platamon No 1 Pty Ltd 312 Esplanade Moana

X No

9. Mr A Gerovasilis 311 Esplanade Moana

X No

10. Mr D Nitschke PO Box 27 Blackwood SA 5051

X No


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Summary of Representations and Applicant’s Response:

Please note: Representors’ issues are shown in italics. The applicant’s response is shown in standard dot-pointed text, and is an extract taken from the applicant’s written response contained in attachment 4.

Overlooking

• The windows on the southern elevation will incorporate louvered screens toobscure views to the property to the south, while facilitating views to the coastwestwards.

Amenable to a condition requiring screening to a height of 1700mm above therelevant floor level for east facing windows that are considered to createoverlooking.

Visual impact

• The Development Plan, specifically the Moana Foreshore Policy Area and MapOnka/4, contemplates three-storey development at this site.

The development is out of character with existing development in the area

• The development clearly achieves the intent of the Desired Character, ConceptPlan and relevant provisions of the Moana Foreshore Policy Area 55.

Land use balance

• Justified with the response to further information dated 15 July 2014.

• The seasonal nature of retail transactions has been historically problematic forcommercial operators.

• Delivering more commercial floor space will result in vacant shops.

Carparking

• The shortfall in carparking can comfortably be absorbed within the publiccarpark adjacent to the site.

2.2. Agency consultation

Coast Protection Board

The Coast Protection Board advises it has no objections to the proposed development, subject to the following condition of approval being imposed on any planning consent.

• For compliance with the Coast Protection Board’s coastal flooding riskstandard, minimum building site and finished floor levels of 2.9metres and3.15metres, relative to Australian Height Datum, respectively, are required.

• Landscaping associated with this development should consist of local nativecoastal species, to improve coastal biodiversity and minimise the spread ofexotic plants on the coast and into the Moana Sands Conservation area.

The Board attaches the following disclaimer to the above advice:

Based upon current knowledge and information the development and development site is at some risk of coastal erosion and inundation due to extreme tides notwithstanding any recommendations or advice herein, or may be at future risk. Neither erosion nor the effect of sea level change on this can be predicted with


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certainty. Also, mean sea level rise by more than the .3 metres assumed in assessing this application.

Accordingly neither the South Australian Coast Protection Board nor any of its servants, agents or officers accept any responsibility for any loss of life and property that may occur as a result of such circumstances.

2.3. Internal Consultation

Design Services: Infrastructure

• Riverine flooding is not an issue from Pedler Creek, added freeboard wouldbe appropriate to deal with sea level rise and wave set up.

• Gradient of driveway over Council verge shall not exceed 3.5% fall towardsthe road.

• Demonstrate the proposed links to existing pedestrian paths and compliancewith DDA for site access.

• Not supportive of the turning movements from the most northern dwelling.

Economic Development Section

• The zoning is designed to capitalise on the limited commercial opportunitieson the City’s 31km coastline. At minimum the ground floor uses should allbe commercial.

• Ground floor uses should include shops and cafes appropriate for visitors.

• Activation of the foreshore at this location is important for the growingnumber of visitors (6% increase in the last 12 months).

• Size of the restaurant is undersized for this location when considering thesize of the Star of Greece and considering what area is lost when fridges,freezers etc are put in.

• We lack top end accommodation and so it would be a better outcome to seethe upper levels used for tourist accommodation purposes.

Policy Section

• Are supportive of the mixture of commercial and residential land usesproposed.

• Supportive of the design.

Projects Section

• Supportive of the design

• Suggest that access be obtained from the north-east corner of the site viaCouncil land where there is an existing access point. This would give Councilgreater flexibility with development of the carpark in front of the subjectland.


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3. Assessment

3.1. Land Use

The Tourism Development Zone is geared towards providing a welcoming recreation and leisure environment through tourism development, comprising a complementary range of services and facilities that interacts positively with public spaces, mainly Nashwauk Reserve. The Moana Foreshore Policy Area reiterates a desire for various forms of tourist accommodation with residential units considered appropriate on two sites, including the subject land.

The Moana Foreshore Policy Area also provides for the establishment of cafés, small restaurants and specialised retailing, appealing to the holiday and browser market. This type of development is particularly sought at the western end of Nashwauk Crescent, either side of the Nashwauk Reserve, and specifically encourages the development of commercial uses along the ground floor of the subject land, with the aim of activating the waterfront and complementing the retail uses in the commercial core area.

The application in its current form includes a restaurant at the northern end of the building with the capacity for 30 people. Three of the most northern row dwellings are to have an adaptable use ground floor, that in the future could be developed with a commercial element open to the general public. The applicant has argued with the supportive advice of a real estate agent that previous experiences on both sites identified for commercial use, indicate that the extent of retailing envisaged within the policy area, is currently not viable, largely due to the seasonal nature of demands in this location. It is noted that no formal analysis has been undertaken by the applicant to support this position, however, in my opinion, it has merit.

As to the extent to which the proposal has merit in regard to land uses, consideration needs to be given to the overall intent of the policies seeking retail and commercial land uses. As the aim is to activate open spaces in the zone, it is considered that priority for retail/commercial uses should occur on the corner of the site at Nashwauk Crescent and the Esplanade, and the northern most part of the land subject to this application. In consideration, less emphasis should be placed on the achievement of retail/commercial uses on the entire ground floor of the subject site, where exposure to public space (and therefore passing trade) is reduced due to the distance from Nashwauk Reserve.

It is considered that the restaurant and the adaptable use ground floor of three of the row dwellings, frames and addresses public open space and has the potential to activate this corner of the site, as desired by the Moana Foreshore Policy Area. In this regard, the format of land uses adequately addresses the intent of the policy area and zone.

3.2. Character

The Tourism Development Zone seeks a built form that interacts with public spaces in a manner that creates a strong sense of place. The Moana Foreshore Policy Area identifies the Nashwauk Reserve as the focal point, seeking that surrounding development overlook and physically frame this area of open space. The policy area specifically identifies the land (including the subject land) either side of Nashwauk Reserve, as appropriate for buildings of up to three storeys in height, and places importance on the activation of, and interaction with public spaces.


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There appears to be a conflict in objectives between the Tourism Development Zone and Moana Foreshore Policy Area provisions, Table Onka/3, and relevant Council-Wide provisions, particularly as they relate to setbacks and building height. The setbacks suggested within Table Onka/3 are six metres from the Esplanade primary frontage, and two metres from the Moana Crescent secondary frontage. In this location a reduced setback is considered appropriate, as it will assist in defining the edge of the reserve and physically frame the space, as desired within the policy area. The placement of the building on the northern and western boundaries of the site (balconies) is considered to be conducive to what is desired in the zone, and will hug the surrounding public spaces quite tightly, overlooking and framing them.

The design of the building is innovative and provides a space that is conducive to outdoor dining/seating, enabling some degree of interaction/activation with the adjacent Nashwauk Reserve. Given the history associated with the site, inclusion of a reflection of the curved design of the former ‘Roundhouse’ could have been considered in the overall design, however, the relevant policy does not insist on this as a requirement.

The proposed building is consistent with the provisions as they relate to building height, being three storeys in height overall. The balconies and articulated western façade greatly assist in reducing the apparent bulk of the building, as does the use of different materials.

3.3. Amenity

Noise

Noise created from residential and tourist accommodation use is anticipated with the Zone envisaging these uses as appropriate for the site. The noise created would arguably be less than the noise created from tenants of the caravan park and well within the requirements of The Environment (Noise) Policy 2007.

The restaurant hours of operation (7am – 10pm Monday to Saturday and 9am – 10pm Sundays) are reasonable in the context of the locality. Further, the location of the restaurant at the northern end of the building provides adequate separation with the caravan park and the dwellings adjacent to the south at 330 Esplanade.

The restaurant is to be constructed of materials that will ensure that noise is attenuated within the premises and the outdoor dining area is not within close proximity of any noise sensitive development. The implementation of these measures also improves the amenity of the occupants of the dwellings and tourist accommodation units.

Air-conditioning units within the building have been located at the roof level to minimise noise nuisance to adjoining development.

The exhaust flue associated with the restaurant will incorporate appropriate noise attenuation technology to meet Australian Standards.

Overlooking The potential for overlooking of the adjacent townhouses' backyards is considered to be minimal, due to the absence of any substantial windows on the building's southern side. The overlooking that is potentially possible from these windows is to be alleviated by louvered screening. A condition is recommended to be imposed on an approval decision to ensure this is resolved to Council’s satisfaction.


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In terms of overlooking to the east, any views of the caravan park from the upper storey windows is considered acceptable, given the separation distance between the windows and the location of caravans.

Overshadowing

Shadowing of the backyards of Units 1 and 2 at 330 Esplanade is substantial on the shortest day of the year (Winter Solstice). However, there are opportunities to utilise different areas of the units’ backyards to obtain solar access, and access to sunlight will be achieved for much of the year. Further, the development achieves a good separation distance of 6.6m from the southern boundary to minimise shadowing.

The majority of habitable room windows on Units 1 and 2 are on their west and eastern sides which will receive adequate amounts of sunlight during the day in the morning and afternoon.

Loss of views

In light of a Supreme Court decision concerning preservation of views, the potential impact on loss of residential amenity (access to ocean views) must be considered against any relevant Development Plan provisions. Given the land is currently vacant, it is inevitable that some loss of views for residents to the south will occur as a result of any form of development, and it is unreasonable to expect that views across the subject land will remain completely unobstructed in the future. The current proposal maintains a narrow view corridor along the southern boundary of the site, which will allow limited views of the ocean from the upper storey windows of the existing townhouses. Residents will still have access to ocean views to the south-west, over Pedler Creek.

The caravan park does not currently take advantage of the views to the west as the buildings are single storey in height and a high solid fence and landscaping along the western boundary blocks views in this direction. As such, there will be little or no impact on access to beach views for park residents.

3.4. Private Open Space

The private open space requirements for tourist accommodation are not specified in the Development Plan, therefore some degree of reliance has been placed on those applicable to residential development, given the similarity in use.

The requirement for medium to high density residential development is 24 square metres of private open space, with a minimum dimension of 2.5 metres required for ground level space, and 2 metres for balconies and the like.

The tourist accommodation apartments provide an area of approximately 14 square metres on balconies, which achieves the minimum dimension required of 2 metres and will be functional for future occupants. The shortfall of 10 sq metres is not considered to be detrimental, given the availability of public open space, in the immediate locality.

The residential apartments provide approximately 34 sq metres of private open space, which achieves the minimum dimension required. The ground level space is in the front yard of the apartments, which although not desirable is acceptable, given the rear yards are used for carparking.


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Notwithstanding the availability of ample passive recreation opportunities afforded to the site via the proximity of the foreshore and Nashwauk Reserve, the private open space areas provided within the proposal are considered to be appropriate in meeting the needs to the intended occupants.

3.5. Carparking

Each apartment is provided with two carparks, meeting the requirements of Table Onka/3 of the Development Plan. The tourist accommodation units have one parking space which also meets the prescribed requirement. The restaurant has seven carparking spaces, which is short of the required 11 spaces, however, the applicant is amenable to paying into Council’s Carparking Fund at a rate of $10,000 per space, totalling $40,000 in lieu of the shortfall of four spaces. Given the shortfall is not substantial and the demand for parking will be seasonal, the allocated spaces are supported. GTA Consultants are also supportive of the number of spaces provided (attachment 2.3).

The proposed apartments are accessed from the Esplanade via a common driveway. The driveway and on-site manoeuvring areas are sufficient to allow vehicles to enter and exit the site in a forward direction. The anticipated demand in vehicle movements in this location, in the context of the use of this area as a carpark for users of the foreshore and Moana Surf Life Saving Club, is not considered to impact negatively on the adjacent townhouses in terms of traffic loads or noise. The turning movements are supported by GTA Consultants (attachment 2.3).

The turning movement out of the garage servicing the most northern dwelling may not exactly meet the relevant Australian Standard AS 2890.1 however, the turning templates provided by GTA consultants demonstrate that exiting the garage can be achieved safely and therefore, the turning movements are supported.

3.6. Stormwater management

Stormwater management is supported conceptually, and details will be provided and resolved prior to the issue of any development approval.

3.7. Waste Management

The provision of a three bin system within the holiday apartments, restaurants and dwellings is proposed. This is to allow for separation of waste at the source. The proposed dwellings will be provided with a bin storage area on each individual site. Waste will be collected from the Council verge on bin collection days.

The tourist accommodation units will be provided with waste storage within each apartment. In the event of long stays, visitors will utilise the waste storage area provided for the restaurant.

The restaurant is to be provided a three bin system with bins provided internally and externally. The waste will be consolidated in a waste aggregation room located at the ground floor adjacent the stairwell.

The method of waste management will ensure the amenity for adjoining neighbours is not impacted upon unreasonably and the approach is supported.


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3.8. Infrastructure

The development proposal includes a number of elements both within and outside of the subject site namely access provided from the Esplanade. Following construction, these elements may either revert to council ownership or may have an impact on council’s existing infrastructure.

It is desirable that design and construction details are provided to the satisfaction of council to ensure that all infrastructure is in accordance with council standards prior to issuing any development approval. As part of these negotiations it may be necessary for some minor alteration and amendments to the specific location of infrastructure as assessed. In context, this would be considered of a minor nature as it would not fundamentally alter the land use proposal as a whole.

Any works outside of the subject site cannot be required to be completed as part of the development application process however, the applicant is amenable to assisting verge treatment works along the Esplanade.

3.9. Review of representations

Overlooking

The applicant has adequately addressed overlooking with louvered screens on the southern elevation, which will restrict the minor overlooking issue into the rear yards of Units 1 and 2/330 Esplanade.

Visual impact/ The development is out of character with existing development in the area

The Policy Area and the Development Plan envisages three storey development for this site and so visual impact is unavoidable to a certain degree. The building proposed has been designed with a mixture of materials and unique design techniques that will contribute positively to the character and visual amenity of the locality.

Land use balance

The land use mix proposed is considered acceptable with consideration of the relative provisions of the Policy Area and Zone. The design provides flexibility to accommodate for future commercial growth if required with the adaptable ground floors of three of the proposed dwellings.

Carparking

The shortfall in carparking is not substantial and the shortfall is offset by payment into the carparking fund.

4. Conclusion

The proposed development is of a land use that is considered to be consistent withthe objectives for the Tourism Development Zone and Moana Foreshore PolicyArea. Together, the proposed restaurant and adaptable ground level of three of thedwellings is considered to provide sufficient commercial floor area at ground level,with consideration of the viability of such uses, reinforced by the design of theproposal which enables easy adaptation of the corner into a retail/commercial use.


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The development proposal represents a step towards achieving council’s vision of a more active public realm in the Moana foreshore area by attracting more people, and establishing a visual and practical connection with Nashwauk Reserve. The building form is consistent with that desired within the policy area, by overlooking and framing the Nashwauk Reserve space. Despite the terraced areas being at a separate height to the footpath, there is sufficient connectivity and interaction to satisfy the intent of the policy area in this location. The proposal has minimal impact on adjacent residential development and will not reduce residential amenity via overlooking, overshadowing, traffic or noise.

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

5. Recommendation

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 developmentapplication 145/848/2014 for the construction of a three storey integrateddevelopment building, with a restaurant (30 seats), six (6) three storey rowdwellings (three with adaptable use ground floors) and two touristaccommodation apartments, with associated carparking and landscapingat 1 Moana Crescent, Moana subject to the following conditions andadvisory notes:

Planning conditions

1. All development shall be completed and maintained in accordance with theplan(s) and documents submitted with and forming part of thedevelopment application, except where varied by the followingcondition(s).

2. The applicant or the person(s) having the benefit of this consent, shallmake a payment into council’s Carparking Fund, in the sum of $40,000($10,000 for each carparking space not provided as part of thisdevelopment) which shall be paid to the Council prior the issuing ofdevelopment approval.

3. During construction and at all times thereafter, stormwater generated fromthe development shall be diverted away from all buildings, shall not pondagainst or near the footings and shall not be discharged or flow ontoadjoining land. Where drainage is directed to the street water table, thisshall be by way of a council approved stormwater drainage system.

4. The restaurant shall be restricted to hours of operation between 7am to10pm Monday to Saturday and 9am to 10pm Sundays.

5. The dwellings shall not be occupied until all necessary infrastructure hasbeen provided to the site of the dwelling, including but not limited to aformed and sealed road and water-table, water supply and sewerageservices, drainage/stormwater disposal and electricity services.

6. A stormwater management plan is required to be provided and endorsedby council’s engineers prior to development approval being granted.


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7. The louvered screens to be constructed on the southern side of the hereinapproved building shall alleviate overlooking into the rear yards of Units 1and 2/330 Esplanade to the reasonable satisfaction of Council.

8. All plants, shrubs, trees and lawn and/or ground cover shall be maintainedin good condition at all times. Any seriously diseased, dying or deadvegetation shall be promptly replaced to the reasonable satisfaction ofcouncil.

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

10. For compliance with the Coastal Protection Board’s coastal flooding riskstandard, minimum building site and finished floor levels of 2.9 metres and3.15 metres, relative to the Australian Height Datum, respectively, arerequired.

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

12. That effective measures be implemented during the construction of thedevelopment and on-going use of the land in accordance with this consentto:

• prevent silt run-off from the land to adjoining properties, roads anddrains

• control dust arising from the construction and other activities, so asnot to, in the opinion of council, be a nuisance to residents oroccupiers on adjacent or nearby land

• ensure that soil or mud is not transferred onto the adjacent roadwaysby vehicles leaving the site, and

• ensure that all litter and building waste is contained on the subjectsite in a suitable covered bin or enclosure.

Notes

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

2. The proponent is reminded of Clause 23 under Part 6 of the EnvironmentProtection (Noise) Policy 2007. The clause states that construction activitymust not occur on a Sunday or other public holiday; and on any other dayexcept between 7am and 7pm. Exceptions to this requirement areprescribed in Clause 23(1) b of the Environment Protection (Noise) Policy2007.

3. The land owner/developer is responsible for ensuring that building work issited in the approved position. This may necessitate a survey being carriedout by a licensed land surveyor. Allotment boundaries will not be certifiedby council staff, however, council may enforce removal of anyencroachments over council land.


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4. In addition to the provisions of the Building Code of Australia relating toaccess for people with disabilities, you must comply with theCommonwealth Disability Discrimination Act, 1992. Compliance with the Actis the responsibility of the property owner.

5. The food premises must not commence business until a ‘Food BusinessNotification Form’ has been completed and submitted to Council’sCommunity Health Team as required by the Food Act 2001.

6. The food premises must be designed and constructed as per AustralianStandard 4674-2004 ‘Design, construction and fit-out of food premises’.


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3.2 145/290/2014 Silver Spear Pty Ltd

Construct one x three-storey residential flat building, containing two dwellings with garages and decking at 2/6 East Way, Darlington.

Report author: Dianne Hockey, Development Officer Planning

Contact: Phone :8301 7246

Email :[email protected]

Recommendation: Approval

Attachments: 1. Site and locality plan(s) (3 pages)

2. Application documents (19 pages)

3. Representations (4 pages)


5. SA Country Fire Service (4 pages)


Jason Nash John Jones George Salamon


Owner of Land - Mr A Centilcore and Mr C Physentzou

Zone - Residential



- Category 3

Agency Consultations - SA Country Fire Service


The applicant seeks approval for the construction of one x three-storey residential flat building containing two dwellings. Each dwelling has a garage accessed via a driveway bridge that links to the upper level of the dwelling and also provides a second on-site parking space.

The upper level comprises a kitchen, dining area, lounge and balcony with the lower level comprising two bedrooms, study and second balcony area. A third level underneath the dwelling provides an undercover recreation area.

The construction is pole frame as a response to the unique topography of the site. The finishes are lightweight textured walling with varied façade treatments to break the form, and a curved colorbond roof.


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1.2. Description of the site and locality

The subject land is allotment 102 East Way, Darlington, as identified in Certificate of Title Volume 5957 Folio 349. The subject allotment is one of six accessed via a gated community driveway, being an extension of East Way. The 711 sq m allotment has a frontage of some 21 metres to the common driveway and a depth of 32 metres.

The allotment is extremely steep, falling away significantly from East Way to residential allotments at the bottom of the slope which front Brookside Road. The average gradient over the land is approximately 1:2.

No development has occurred on the subject allotment apart from siteworks, benching and stormwater swales that have been undertaken as a stage of an earlier approval over the six allotments that form the community scheme. A three-storey dwelling has been constructed on the adjoining northern allotment as a further stage of this previous approval.

Given the topography there are two distinctive areas which form the locality to the site. The locality to the west, which given the topography over-looks the subject site, is residential in nature being predominantly two-storey brick dwellings constructed in the 1960s and 1970s and sited on large allotments. To the east and below the site are more recent developments, with generous single and two-storey dwellings fronting Brookside Road, and beyond this, a caravan park and earthworks depot.

1.3. Background

There have been a number of applications for development over the community land to which this application applies.

Development Application 145/2336/2001– Construction of six two-storey detached dwellings with associated garages.

The application was refused by the Development Assessment Panel in July 2002, however, was subsequently approved in February 2003, following an appeal to the Environment, Resources and Development Court.

Development approval was granted for stage 1 (siting, excavation and filling for future building works) in October 2003.

Development Application 145/C003/2002 – Community title (1 into 6)

The application reflected the approved land use, incorporating six community allotments with a common driveway extending from East Way, and running along the western boundary of the subject land.

The application was approved in January 2004.

Development Application 145/4171/2009 – Variation to 145/2336/2001 – Six double-storey group dwellings with garages and balconies.

The planning consent was granted in April 2010 with development approval granted in September 2012 for allotments 101 and 102 only.

The approval was only enacted on allotment 101 and all approvals have subsequently lapsed.


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2. Consultation


A three-storey dwelling does not fall within the types of developments assigned to Category 1 or Category 2 within the Development Pan or Schedule 9 of the Development Regulations 2008 and therefore defaults to a Category 3 form of development for public notification purposes.

Category 3: Notice of the application is given to adjoining properties and properties likely to be directly affected by the proposal, and a public notice placed in the Advertiser. The applicant may respond to any valid written representations received.

Representations:

Name Address For Against To be heard

1. Jason Nash for Best Strata

2/188 Fullarton Road Dulwich

X X

2. John Jones 5 James Place, South Brighton owner of 5/32 Brookside Drive Darlington

X X

3. George Salamon 4 East Way Darlington

X X


Please note: Representors’ issues are shown in italics, The applicant’s response is in standard dot-pointed text, being an excerpt taken from the applicant’s written response contained in attachment 4.

Concern over stormwater run-off to properties below

• The swale shall be provided in accordance with the site and drainage plan.

Assurance that a compliant sewer drainage plan is provided, to not overload private sewer infrastructure

• Discussion with SA Water to ensure sufficient capacity.

Impacts from noise from increasing dwelling numbers

• Noise negligible given elevation and distance from other properties.

Contravenes Scheme Description which states only one dwelling per allotment

• Motion to be determined at AGM.

Impacts from kerb waste collection. Previous approvals required private waste collection from within the site

• Resolved by mutual agreement between all parties.


SA Country Fire Service (attachment 5)

Schedule 8 referral as the subject site is within an area designated in the Development Plan as High Bushfire Risk.


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Assessed as BAL 12.5 - Supported with conditions and notes to be included as part of the decision notification.


Design Services: Infrastructure

Traffic – Driveway and private road access is consistent with previous approvals.

Stormwater – The methods of stormwater disposal have been considered and deemed as acceptable subject to the swale and earth spoon drain being maintained to prevent overflow to downstream properties.

Waste and Recycling

It was noted that there is insufficient room to facilitate kerbside waste collection. This matter has been resolved with the applicant who has provided written agreement to continue with private domestic waste collection as conditioned in previous approvals and forming part of the Scheme Description over the land.

3. Assessment

The development application was lodged 3 February 2014 and as such is assessed against the relevant provisions of the Onkaparinga (City) Development Plan consolidated 19 December 2013.

3.1. Land Use

The subject land is located within the Residential Zone with no policy area overlay. The objectives for the zone seek to provide a range of dwelling types that contribute to the desired character through appropriate design outcomes, and that are compatible with the local conditions.

Schedule 1 of the Development Regulations 2008 defines a residential flat building as a single building in which there are two or more dwellings. The development proposal appears as one dwelling with each side a mirror-image of the other. Each dwelling functions independently, comprising two bedrooms, study, open plan living, garage and open space, and achieves the quantitative allotment parameters for residential allotments as determined in the Development Plan.

Three-storey dwellings are not a form of development widely undertaken within the council area, however, the proposal is for residential use and in context is considered to suitably respond to the site and location.

The Development Plan states residential flat buildings should have a minimum site area of 250 sq m and a frontage of 18 metres however this should be greater where site constraints such as excessive slope, apply. The existing allotment has a frontage of 21.7m and an area of 711 sq m. While the site constraints are acknowledged, the proposal demonstrates that the site is suitable for development through design responses.

3.2. Character

The Desired Character Statement pertaining to the Residential Zone notes that the character of development across the zone will be varied where dwelling designs actively respond to the terrain and topography, and incorporate split-levels to minimise alteration to the prevailing landform.


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While the proposal may not be entirely consistent with the more traditional forms of residential development noted in the locality it is of a design and form that is conducive with the characteristics of the site. The use of poles results in a lower disturbance of land, removing the need for excessive retaining or fill. The built form is nestled against the steep land behind which provides a back drop when viewed from below the site, minimising the visual bulk. Equally, it is considered that when viewed from the west, being above the site, the views would occur over building.

The colours and materials are lightweight with a colour palate incorporating a mix of subtle and contemporary colours.

3.3. Amenity

The development proposal is for residential development within the Residential Zone and as such anticipates this use and the ancillary activities and externalities that accompany these uses.

The proposal does not result in overshadowing of adjoining allotments. Solar access is provided to living areas and partially to the undercover open space.

Given the topography of the locality and the separation between the proposed dwelling and those at the rear of the site, which are significantly lower than the proposed dwellings, it is considered that any overlooking is more likely to extend over and beyond those dwellings, rather than directly into those dwellings. In addition, given the topography it is inevitable that a degree of overlooking will be likely to occur.

Access to the site is via a gated internal driveway, an extension of East Way being a local road. The proposal is not considered to significantly alter the number of vehicles movements within the locality than were anticipated as part of previous approvals.

3.4. Private Open Space

Provisions of the Development Plan pertaining to private open space, note that it should take advantage of natural features, be of sufficient shape and area to be functional and provide a minimum area of 60 sq m where allotments are between 300-500 sq m.

Once again the site constraints contribute to the design outcome that has been achieved, which includes the area provided for open space. Each dwelling includes a balcony of 12 sq m on the upper level and accessible from the living area, 8 sq m on the lower level and accessible from the study and bedroom one, and 95 sq m dedicated open space in the area under the dwelling.

The lower level of primary open space is screened and includes outdoor floor covering. While not typical of development outcomes, the area avails itself to natural lighting and achieves the some outcome as a regular verandah.

3.5. Carparking and access

Access to the subject land is via a private driveway approved and constructed to meet required engineering standards, being constructed as part of previous approvals. The drive is gated at the entry from East Way which restricts vehicle movements to residents. The proposal increases the development to two dwellings per allotment, however, it is not considered to substantially increase the daily vehicle movements between the site and the connecting road network.


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Each dwelling is accessed via an elevated bridge at grade with the private driveway. The proposal provides one covered and one visitor carpark, in accordance with the Development Plan requirements for two carparks (one of which shall be covered), for a dwelling comprising two or more bedrooms. In addition, the private driveway serving the community division provides five indented parking bays to cater for additional parking requirements.

3.6. Waste management

As part of previous conditions, there was a requirement for private collection of domestic waste. This requirement was based on insufficient area being available to enable safe and convenient kerbside collection and concern over the number of rubbish receptacles that would be located to the front the neighbouring dwelling on East Way. Following discussion with the applicant, an agreement was made for private collection of domestic waste from the community land.

The issue of domestic waste collection has carried forward and is compounded by the increase in dwelling numbers. To satisfy these concerns, the applicant has provided written agreement to continue with the collection of domestic waste by private waste collection from the community land.

3.7. Stormwater management

As part of the application documentation, a detailed stormwater and drainage plan has been provided, which includes a drainage swale along the rear of the site that subsequently feeds into community infrastructure along the northern boundary of the community land. The plans and details have been considered by council’s stormwater engineer and are supported.

Given the prevailing topography, natural stormwater flow is likely to occur which may not entirely be attributed to the current proposed development. Noting that siteworks to facilitate the development have previously occurred and therefore, minimal disturbance to the land is required, it is considered that stormwater as a result of this proposal has been addressed.


Representations received as part of the public notification of this application raise concerns over waste management, stormwater disposal and infrastructure, and the detail as contained in the Scheme Description that applies over the community lots.

The matters of waste and infrastructure provision have been considered and determined as achievable. The undertaking of amendments to the Scheme Description, while linked to the development proposal need to occur outside of this process. A note to this effect has been included in the recommendation for this report.

4. Conclusion

The subject site is quite unique within the council area and more specifically the residential zone. Notwithstanding this, the site suitability for residential development has been established through previous approvals and the subsequent construction of a dwelling on an adjoining allotment.


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While the proposal increases the dwelling numbers, the design maintains a presence of a single dwelling from beyond the site. The contemporary design responds to the topography, being of lightweight form and functions for residential use.

The overall site is subject to a community Scheme Description. The requirements under the Scheme will need to be determined and amended as part of that process. It is reasonable that confirmation of a resolution be provided for council’s records, prior to full approval.

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

5. Recommendation


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 145/290/2014 for the construction of one x three-storey residential flat building containing two dwellings with garages and decking at 2/6 East Way, Darlington, subject to the following conditions and advisory notes:

Planning conditions 1. All 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. The swale and earth spoon drains shall be maintained to prevent overflow to downstream properties.

3. Domestic waste shall be collected as a private service from the private service road on a weekly basis. The provision of a private domestic waste collection service and the obligation for the property owners to pay for this service, shall be reflected in the event of a community title being sought for the land.

4. The dwelling shall not be occupied until all necessary infrastructure has been provided to the site of the dwelling, including but not limited to:

• a formed and sealed road and watertable • water supply and sewerage services • drainage/stormwater disposal • electricity services.

5. 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.


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6. 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.

The following conditions are imposed at the direction of the SA Country Fire Service

7. Access

The Minister for Planning’s Code (Minister’s Code): undertaking development in Bushfire Protection Areas (Minister’s Code) Part 2.3.3.1 describes the mandatory provision for ‘private’ roads and driveways to buildings, where the furthest point to the building from the nearest public road is more than 30 metres, shall provide safe and convenient access/egress for large bushfire fighting vehicles.

8. Water Supply

Access (to dedicated water supply)

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

The Minister for Planning’s Specification SA 78 (Minister’s Spec) describes the mandatory provisions for access to dedicated water for fire-fighting vehicles where the path of travel from the entrance to the property, to the water storage facility is more than 30 metres in length, by an all-weather roadway.

Supply

The Ministers Code Part 2.3.4.1 prescribes the mandatory provision of a dedicated and accessible water supply to be made available at all times for fire-fighting.

The Minister’s Specification provides the technical details of the dedicated water supply for bushfire fighting for the bushfire zone. The dedicated bushfire fighting water supply shall also incorporate the installation of a pumping system, pipe-work and fire-fighting hose(s) in accordance with the Ministers Specification.


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9. Vegetation

Landscaping shall include bushfire protection features that will prevent or inhibit the spread of bushfire and minimise the risk of life and/or damage to buildings and property.

• A vegetation management zone (VMZ) shall be established and maintained from the dwelling to the property boundaries as follows:

− No understorey vegetation shall be established within one metre of the dwelling. (Understorey is defined as plants and bushes up to two metres in height).

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

− Trees and shrubs shall not be planted closer to the buildings than the distance equivalent to their mature height.

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

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

10. Building Considerations

Bushfire prevention and safety requirements shall be completed prior to occupancy of the buildings.

For construction requirements and performance provisions, refer to the Building Code of Australia Part 3.7 “Fire Safety” Australian Standard 3959 (AS3595) “Construction of Buildings in Bushfire Prone Areas”.

Notes

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

2. The land owner/developer is responsible for ensuring that building work is sited in the approved position. This may necessitate a survey being carried out by a licensed land surveyor. Allotment boundaries will not be certified by council staff. However, council may enforce removal of any encroachments over council land.

3. Collection of waste material shall be detailed in the Scheme Description for future Community Title Division.


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4. Items for decision only 4.1 145/2361/2014 Federation Centres

While there are no representors to be heard, in accordance with the Development Assessment Panel’s Terms of Reference, Item 9.3, and at the discretion of the Manager Development Services, this application is referred to the panel for a decision.

Alterations, additions and a new entry to eastern end of existing shopping centre including supermarket extension, new supermarket, specialty shops and three bulky goods buildings, with associated carparking, pedestrian walkway, signage, fencing, earthworks, landscaping and the removal of 4 significant trees and 12 regulated trees, with an extended period of consent for Precinct 3, at Colonnades Shopping Centre, Noarlunga Centre.

Report author Dianne Hockey, Development Officer Planning

Contact: Phone: 8301 7246

Email: [email protected]

Recommendation: Development Plan Consent subject to conditions

Attachments: 1. Site and locality plans (2 pages)

2. Application documents (277 pages)

3. Representations (1 page)


5. Agency comments 5.1. Development Assessment Commission

(3 pages)


Nil


Owner of Land - Federation Centres

Zone - Regional Centre – City Centre Policy Area



- Category 2

Agency Consultations - Development Assessment Commission


The applicant seeks Development Plan consent for alterations and additions to the Colonnades Shopping Centre. The development is at the eastern end of the existing mall and extends out to Goldsmith Drive and Jackson Place.

The proposal is defined in three precincts comprising the following:


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Precinct 1

• 431 sq m extension of the existing Woolworths supermarket

• Construction of 1577 sq m Aldi supermarket

• Extension of the existing mall in an easterly direction including a new mall entrance

• Additional specialty shops of 1210 sq m.

Precinct 2

• Construction of a 13,508 sq m Masters Home Improvement bulky goods outlet including 9214 sq main floor area and administration, 1735 sq m garden centre and 1714 sq m trade area

• Dedicated goods receivable and loading bay

• Landscaping along Jackson Place.

Precinct 3 (a & b)

• 3a comprises a stand-alone bulky goods tenancy of 2650 sq m fronting Jackson Place and Goldsmith Drive

• 3b comprises a bulky goods building of five tenancies with signage, retaining and fencing and a one-way access off Goldsmith Drive, running along the rear of the building, to facilitate loading and unloading.

The applicant advises that development of Precinct 1 and Precinct 2 is anticipated to commence in early 2015 while the bulky goods tenancies as part of Precinct 3 are unlikely to commence until 2017. To facilitate this, an extended period of consent has been included in the description of development.

In addition, the development includes 800 carparks, 2445 sq m ‘pad site’ for future development, two 12 metre high pylon signs (one for Masters and one for the centre), stormwater detention basin, the removal of four significant and 12 regulated trees, fencing and new access arrangements to/from Goldsmith Drive.

The proposal requires the relocation of a sewer easement and underground powerlines, which would require the applicant to seek approval from the relevant authorities.

A Deed of Agreement has also been negotiated for Federation Centres to undertake certain footpath and landscaping works in the adjoining Jackson Place verge and a portion of the Goldsmith Drive verge, external to the site.

1.2. Description of site and locality

The subject site is more commonly known as the Colonnades Shopping Centre, Noarlunga Centre. More specifically the proposed development is to occur at the south-eastern periphery of the Regional Centre Zone, bounded by Goldsmith Drive, Jackson Place and the north-south connection roadway through the centre between Goldsmith Drive and Alexander Kelly Drive. The subject land is wedge shaped with a curved frontage to Goldsmith Drive of some 447 metres.

The legal identification for the site is certificate of title Volume 6125 Folio 798 and Volume 6125 Folio 802.


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No development has occurred on the site however it would appear that soil removed as part of earlier development may have been deposited resulting in irregular mounding and site levels. There is extensive vegetation throughout the site with some significant and regulated trees identified.

Shopping, government buildings, education and health services extend over the Central City Policy Area of the Regional Centre Zone. Beyond this there is a mix of land-uses, namely residential development within the Medium Density and Inner Residential Policy Areas to the east and south-east, Cardijn College to the south and, to the south-west, a major sporting and recreation facility.

The centre is well serviced by public transport and provides the functionality envisaged for a Regional Centre.

1.3 Background

A number of previous applications have been considered in relation to the development and expansion of the Colonnades Shopping Centre precinct.

Those relevant to the current proposal are outlined as follows:

Development application 145/770/2004 for “alterations and additions to an existing shopping centre and the removal of 31 existing significant trees” was lodged March 2004.

As part of the overall development of the site, the application proposed a roundabout at the intersection of Goldsmith Drive and Honeypot Road to facilitate safe and convenient access and was conditioned as follows:

10 The Goldsmith Drive/Honeypot Road roundabout detailed engineering design is to be approved by Council prior to commencement of the works on this intersection, and constructed to Council’s satisfaction prior to operation of Stage 2 the development (sic).

Development application 145/166/2011 for “construction of an integrated bulky goods complex including siteworks, carparking, landscaping and the removal of 12 significant trees” was lodged in January 2011.

The application, at the time, was significantly at variance with the zone and policy area provisions of the Development Plan and was subsequently withdrawn pending the introduction of the Noarlunga Regional Centre (Transit Oriented Development) DPA. The DPA was consolidated into the Development Plan in September 2012 and introduced significant policy changes, in particular, bulky goods as an envisaged form of development.

Development application 145/1530/2011 was lodged as a “Variation to development application 145/4014/2004 – amending condition 10 regarding access to Goldsmith Drive”, in June 2011.

The application sought to alter the approval through removing the roundabout at the intersection of Goldsmith Drive and Honeypot Road and providing a 4-way signalised intersection. A detailed traffic assessment was requested to justify and demonstrate internal traffic flows and connectivity through the centre.

This application was placed on hold by the applicant to provide this additional documentation.

This current application informs the decision on this application given the detailed traffic analysis provided and justification of internal roadways. As such, a decision


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on that application can be made concurrently with this application and the development undertaken as a part of the overall site development.

2. Consultation


Pursuant to Schedule 9 of the Development Regulations 2008 any development within the Regional Centre Zone is a category 1 form of development other than where the site of the development is adjacent land to land in a zone under the relevant Development Plan which is different to the zone that applies to the site of the development.

The site is adjacent land within the Residential Zone (opposite Goldsmith Drive) and as such defaults to a category 2 form of development for the purposes of public notification.

Category 2: Notice of the application is given to adjoining property owners only, and the applicant may respond to any valid written representations received.

Representations:

Name Address

1. Cardijn College Honeypot Road, Noarlunga Downs

The representation made did not identify whether the representor was for or against the proposal but was comment only.


Please note: Representors’ issues are shown in italics and the applicant’s response in standard dot-pointed text, being an excerpt taken from the applicant’s written response contained in Attachment 5.

Concern over increased traffic and the potential conflict for students crossing Goldsmith Drive.

• A development application for a signalised intersection is being determined concurrently with this application. Consent would provide a pedestrian activated crossing as part of a four-way signalised intersection at the corner of Goldsmith Drive, Honeypot Road and internal north-south roadway.

The applicant notes that an alternative underpass is available at the west of the school site which affords direct access under Goldsmith Drive to the centre.


Development Assessment Commission (Attachment 5)

Pursuant to Schedule 8 of the Development Regulations 2008.

The Commission have no directions to make, however issues are raised for council to consider in relation to pedestrian access, landscaping and stormwater management.


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The application was subject to pre-development consultation between the applicants design team and council staff, including Development Services, Technical Services, Development Policy and Urban Design.

Technical Services

Traffic

A detailed traffic and parking analysis has been reviewed and agreed to with the applicant. All design and construction is to be in accordance with relevant standards.

Stormwater

In principle support given subject to design and construction in accordance with relevant standards and a final plan showing the amended position of the detention basin.

As part of the detailed design of the development some alteration may need to occur in relation to the onsite detention given the extent of detention required.

Environmental Health

Standard conditions and notes need to be included as part of any consent in relation to food business notification and the appropriate storage of waste.

Landscaping and Urban Design

Relevant staff assisted with negotiations for an appropriate Deed of Agreement for Federation Centres to undertake certain footpath and landscaping works in the adjoining Jackson Place and Goldsmith Drive verges, and how they can fit with council plans for pedestrian and shared use paths.

3. Assessment

The development application was lodged 29 August 2014 and as such is assessed against the relevant provisions of the Onkaparinga (City) Development Plan consolidated 14 August 2014.

3.1. Land Use

The subject land is wholly located within the Regional Centre Zone, City Centre Policy Area. The intent of the zone is one that supports a centre that provides a full range of shopping, services and facilities. The envisaged uses as outlined within the zone include bulky goods outlets, shops and supermarket uses.

General Section objectives of the Development Plan pertaining to Centres and Retail Development outline that in the centre hierarchy, the Regional Centre is recognised as second only to the Central Business District of the City of Adelaide.

Further, policy area provisions state that the area represents a primary focus for employment, business and commercial service.

Principle of Development Control 3 of the policy area states larger format service trade premises or bulky goods outlets should occur where:

(a) buildings are located adjacent to existing buildings dedicated to large format service trade premises or bulky goods outlet uses on the site of an existing


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service trade premise or bulky goods outlet, or greater than 400 metres of the railway station

The bulky goods outlets are set amongst others and more than 400 metres from the railway station.

(b) loading bays, outdoor storage areas and access points for service, delivery and waste collection vehicles are located away from public spaces, streets and living areas

Rear and screened loading has been incorporated into the existing and proposed buildings and separated from pedestrians and other users.

(c) they provide active, transparent and articulated building edges with clearly defined and frequent customer entry points, and where this cannot be achieved large expanses of blank walls shall be treated through variation in texture, colour, lighting, landscaping and other means

Articulation is achieved through the use of varied materials and finishes with pedestrian paths to strategic entry points.

(d) they incorporate design treatments to the form, colour or texture of buildings to add variety, moderate their scale and provide visual interest from a range of distances

The proposal incorporates contemporary design outcomes in relation to form and finishes with separation between each building component.

(e) large expanses of at-grade car parking should incorporate landscaped pedestrian corridors connecting building entrances to the adjacent street network

The carparking is at-grade with the existing road network. Dedicated pedestrian walkways are provided through the carpark providing pedestrian access between the building elements and connecting to the external pedestrian network.

(f) the frontage immediately south of Jackson Place should present activated edges to this street, or if this is not possible car parking and landscaped areas should be provided of sufficient depth back from the street frontage to allow.

Articulation through design elements is proposed to the northern rear façade of the proposed Masters tenancy and a 5.6 metre wide landscaping strip. Council staff also explored various other options with the applicants to improve articulation and surveillance of Jackson Place, such as the inclusion of windows or other openings to the rear façade, and/or moving the building further from Jackson Place to provide car parking and a staff/trade entrance, but these were not possible for the Masters floor and elevation plans.

However, as part of the development proposal and to address provisions regarding presentation and pedestrian access along Jackson Place, the applicant has agreed to provide a footpath and landscaping along the adjoining council verge, to be confirmed by a Deed of Agreement with council.

In general, the expansion of the existing shopping centre and bulky goods tenancies is clearly an appropriate land use within the zone and policy area. The site is currently undeveloped and forms a physical and physiological barrier between residential development to the east and south-east of the site.


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3.2. Character

The desired character for the Regional Centre recognises the focus on the retail services and function of the Colonnades Shopping Centre. Large scale bulky goods and supermarkets are envisaged where these incorporate good articulation and are integrated with quality pedestrian linkages, landscaping and areas of open space.

The development proposes a number of elements with an integrated extension of the existing mall and freestanding bulky goods tenancies. Each building introduces a variety of contemporary façade treatments and articulation in its design to minimise the bulk and provide visual interest. The bulky goods tenancies are well separated to reduce their bulk and scale. Dedicated pedestrian paths have been designed into the carparking area and along Jackson Place, recognising the intent for permeability. A civic plaza is proposed at the new mall entrance anticipated as the focal point between the centre and the pedestrian paths.

Specific reference is made in the Development Plan for the land south of Jackson Place in that Jackson Place should be a key pedestrian route from residential development to the east of the site, including those utilising Poznan Path over the Southern Expressway, with buildings that activate the street. Further large format commercial development including bulky goods should be designed to moderate their scale and located on the periphery of the policy area.

The rear of the Masters building runs along the boundary of the site to Jackson Place. Façade treatments have been incorporated to address the desire for interest of pedestrian access. Landscaping is to be included in the setback between the built form and council verge. As discussed above, the applicant is in agreement to provide additional treatment along Jackson Place and around the initial portion of Goldsmith Drive, by extending works outside of the subject site and over the council verge. The extent of the work includes the provision of a pedestrian path and additional landscaping to achieve a compatible and co-ordinated outcome.

The desired character for the policy area notes that buildings will not activate Goldsmith Drive but rather buildings that back onto the road should be articulated and incorporate high quality material finishes and landscaping to reinforce the boulevard character.

The tenancies noted as Precinct 3B are inward facing and rear loaded, however are staggered to achieve articulation in their form. The existing mounding is to be retained with further landscaping undertaken. Each element significantly minimises the view of the rear building and specifically the loading area from Goldsmith Drive.

The building for the bulky goods tenancy identified as part of Precinct 3A (at the north east corner of the site at the intersection of Jackson Place and Goldsmith Drive), addresses the street and incorporates contemporary elements to form a landmark and distinctive element at this point.

Extensive siteworks will be required as part of this development, which are not necessarily as a result of the topography but equally from the placement of fill as part of earlier development over the site. To achieve at-grade carparking and maintain existing road levels, the Masters building provides some retaining along Jackson Place which ultimately minimises the height along this boundary and provides an appropriate scale of the building to the pedestrian level.


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3.3. Amenity

Specific provisions within the zone state that development should protect residential amenity while supporting the unhindered operation of retail and commercial activity.

The land is physically separated from residential development to the east by Goldsmith Drive, a distributor road as identified in the Development Plan. A distributor road is a higher order road in the road network hierarchy and is subject to a high number of daily vehicle movements.

The bulky goods tenancies identified in Precinct 3(B) are closest to those residential properties at approximately 55 metres. Delivery to these tenancies is via a one-way rear access that runs parallel with the Goldsmith Drive boundary. The access is set down behind the vegetated verge mound and incorporates retaining and screening which is considered to minimise any amenity impacts from the site.

The development proposal includes the removal of 12 regulated and four significant trees. A report from a qualified arborist has been provided as part of the application documentation which identifies 13 regulated and four significant trees throughout the development site. An analysis of the health and structure of these trees has identified that four regulated and two significant trees are suitable for retention. The applicant proposes the retention of only one regulated tree which is to be incorporated into the proposed landscaping of the site.

Development Plan provisions pertaining to regulated and significant trees outline that tress should not be removed other than where, amongst other considerations, it facilitates development that is reasonable and expected.

Given the land uses are envisaged and supported within the location it is considered reasonable that the loss of trees would be likely to occur. In addition, from the detail provided, it is likely that planting occurred in the early stages of the centre development and no native or remnant vegetation has been identified.

To satisfy the Development Regulations 2008, the applicant proposes to undertake planting at a rate of three trees per significant tree removed and two trees per regulated tree, a total of 36 trees. These are to be incorporated into the landscaping undertaken throughout the site, which exceeds this number of trees.

The applicants are willing to provide an updated environmental noise assessment report to confirm that noise from the development will be within relevant standards, particularly from the Masters/bulky goods (north) loading areas affecting the intermediate care centre opposite Jackson Place. A condition of approval is recommended to deal with this matter.

3.4. Interface to Jackson Place

As discussed above, the desired character for the zone and policy area makes specific reference to the land south of Jackson Place and the activation of Jackson Place as a key pedestrian route. The objectives of the policy area outline that the highest priority is given to walking, cycling and public transport supported by active building frontages, appropriate vertical and horizontal integration and good urban design.

Jackson Place forms the division between the extent of this proposal and land under the ownership of the Minister for Health and Ageing being reserved for future development.


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While not fronting Jackson Place, the applicant has made an attempt to address the desired character and intent for a permeable and pedestrian focused access along Jackson Place. The design of this façade incorporates a number of coloured blade elements and includes the corporate logo to break up the blank façade. Landscaping is to be undertaken in the 5.6 metres wide strip between the wall of the building and the council verge. By way of a legal Deed of Agreement with council, the applicant is to provide verge treatment in the form of a 1.8 metre wide pedestrian path and additional 1.8 metre wide landscaping strip between the path and the kerb.

In discussion with council’s urban designer and development policy officers, it was agreed that activation is not only achieved through buildings fronting the space but can equally be through building articulation, lighting, landscaping and pedestrian scaled treatments.

In addition to upgrading Jackson Place, an alternative dedicated and landscaped pedestrian access is proposed through the carparking area. This path provides an additional east-west connection from the adjoining residential development and Poznan Path, which provides access over the Southern Expressway, to the new mall entrance. During opening hours the mall provides an alternative safe, secure and covered access between Goldsmith Drive and the railway station and other services to the west.

Further, a north-south connection occurs from the proposed signalised intersection to the western end of Jackson Place and the health and educational precincts to the north. Internal linkages occur throughout the carpark area connecting those main pedestrian paths, the new mall entrance and the freestanding tenancies.

While the activation is via treatment only, it is likely that due to the extent of the development there will be significant increases in both vehicle and pedestrian movements throughout the area and, as a result, the activity that the policies desire to support safe and convenient pedestrian movements.

3.5. Outdoor Advertising

The proposal includes a number of signage elements, both freestanding and integrated, into the individual tenancies.

Table Onka/5 Design Guidelines for Advertisements provides guidance for maximum heights of signage within specific zones. No specific reference is made for freestanding signs within the Regional Centre Zone, however a guide can be gained from the maximum height designated for the District Centre (core retail) Zone at 10 metres. In the centre hierarchy a District Centre is a lower order centre than the Regional Centre.

The development proposal includes two 12 metre high pylon signs, one for the centre near the intersection of Goldsmith Drive and Honeypot Road and the other for the Masters site adjacent a new access point.

The signs are well separated and are at a height consistent with existing signage located strategically at access points around the edge of the centre.

Given the Goldsmith Drive road alignment it is unlikely that more than one sign would be visible to users of Goldsmith Drive at any one time.

Goldsmith Drive is identified in the Development Plan as a Distributor Road and as such, the proposed signs do not trigger a statutory referral under Schedule 8 of the


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Development Regulations 2008 with their proximity to a signalised intersection. This is only required for higher order roads.

In addition to the freestanding signs, further signage has been integrated into the building façade of the centre extension and bulky goods tenancies. The General Section- Advertising provisions of the Development Plan state that advertisements should be integrated and complementary to the building and should not be any higher than the walls of that building.

The development proposal includes contemporary tenancy signage integrated into the façade of the built form. The signage is considered to contribute to the articulation of the buildings and individualises each tenancy. The scale and form is considered to be commensurate with what would be anticipated within the Regional Centre.

3.6. Access and parking

The Development Plan contains numerous provisions relating to the provision of safe and convenient access and efficient circulation.

A detailed traffic and parking study was provided as part of the supporting application documentation. The report justifies the internal roadway circulation plan, proposed access arrangements off Goldsmith Drive and carparking provision.

In relation to carparking, Table Onka/3 of the Development Plan outlines the required carparking rates for defined uses. For non-residential uses a rate of between 4-6 per 100 sq m is required, while for bulky goods outlets the rate is between 2-4 per 100 sq m.

The report outlines that at the completion of this development the carparking rate achieved across the entire centre would be 5.48 per 100 sq m. This is clearly in excess of the minimum rates.

The internal roadway provides separation of commercial vehicles from the main carparking areas with dedicated loading areas at the rear of the proposed buildings to minimise conflict between commercial vehicles and other centre users.

Dedicated and landscaped pedestrian access has been incorporated into the carparking design with an east-west connection from Goldsmith Drive and Poznan Path to the new mall entrance and Jackson Place, and north-south connection from Honeypot Road to the health and education facilities to the north. Further pedestrian access is provided to facilitate pedestrian movement between the centre and the freestanding bulky goods tenancies.

In addition to pedestrian access through the site and carpark, treatment along the Jackson Place verge is proposed to be undertaken as part of the development of the site. The treatment will generally address the policies for permeability through the centre and a pedestrian focus.

Council’s Technical Services team has considered the application and traffic report and are supportive of the content and design. All intersections, access and carparking are to be designed and constructed in accordance with relevant Australian Standards.

Goldsmith Drive is designated as a distributor road and Honeypot Road a collector road. Both roads are council controlled roads and therefore no statutory referrals are required.


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This application will inform the continuation of the previous application 145/1530/2011 for a four-way signalised intersection as opposed to the construction of a roundabout, given the traffic report addresses outstanding information. The signalised intersection provides for safer pedestrian access at this point.

In addition to vehicle parking, bicycle parking has been provided on site adjacent the proposed new mall entrance and as part of the Masters building.

3.7. Infrastructure

The development proposal includes a number of elements both within and outside of the subject site namely, access provided to/from Goldsmith Drive, verge treatments and stormwater detention. Following construction, these elements may either revert to council ownership or may have an impact on councils existing infrastructure.

It is a requirement that design and construction details are provided to the satisfaction of council to ensure that all infrastructure is in accordance with council standards prior to issuing any final approval. As part of these negotiations it may be necessary for some minor alteration and amendments to the specific location of infrastructure as assessed. In context, this would be considered of a minor nature as it would not fundamentally alter the land use proposal as a whole.

The applicant has confirmed acceptance to enter into a Deed of Agreement in relation to obligations for external works and to ensure compliance with councils standards, particularly for work relating to stormwater, access, landscaping and verge treatments along Jackson Place and Goldsmith Drive as noted on plans and in correspondence.

3.8. Period of Consent

As part of the application, the applicant has requested an extended period to substantially commence what is referred to in plans and documentation as Precinct 3. The request is for a period of three years in which to substantially commence from the operative date and five years for substantial completion from the operative date.

Requests for extended periods of consent for large developments are often made and, as no policy changes are anticipated in the near future that would render the proposal at odds with the Development Plan intent, the request is considered reasonable.


From the category 2 public notification period, only one representation was received. The representor did not identify if they were for or against the proposal, however concerns were noted in relation to safe and convenient pedestrian access from Honeypot Road to the centre. The representation was on behalf of Cardijn College located diagonally across from the development site and the concern was based on students who cross at this point.

A detailed traffic and parking analysis report has been provided by the applicant and reviewed by council’s traffic engineer. The application is being assessed concurrently with an earlier development application to provide a four-way signalised crossing at this intersection.


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The signalised crossing provides dedicated pedestrian access and connects with the proposed internal pedestrian paths to the centre and the health precinct to the north. This will also provide an alternative to an underpass located to the west of the college.

As such, it is considered that based on the documentation provided, the signalised crossing and internal pedestrian paths provides safe and convenient pedestrian access.

4. Conclusion

The proposed development is a significant expansion of the existing shopping centre providing additional services and facilities commensurate with the Regional Centre intent.

The proposal has been considered by relevant staff and, in principle, supported.

The applicant has agreed to undertake landscaping and provide a footpath along Jackson Place and portion of Goldsmith Drive to provide the activation and quality east-west pedestrian connection envisaged in the Development Plan.

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

5. Recommendation


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 145/2361/2014 for alterations, additions and a new entry to eastern end of existing shopping centre including supermarket extension, new supermarket, specialty shops and three bulky goods buildings, with associated carparking, pedestrian walkway, signage, fencing, earthworks, landscaping and the removal of 4 significant trees and 12 regulated trees, with an extended period of consent for Precinct 3, at Colonnades Shopping Centre, Noarlunga Centre, subject to the following conditions and advisory notes:

Planning conditions

1. All development shall be completed and maintained in accordance with the plans numbered:

• ATP-10000 Rev PO2 dated 27/8/14

• ATP-10001 Rev PO2 dated 27/8/14

• ATP-10002 Rev PO2 dated 27/8/14

• ATP-10003 Rev PO2.dated 27/8/14

• ATP-10004 Rev PO2 dated 27/9/14

• ATP-10005 Rev PO2 dated 27/8/14

• ATP-20000 Rev PO2 dated 27/8/14


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• ATP-20001 Rev PO1 dated 27/8/14

• ATP-20002 Rev PO2 dated 27/8/14

• ATP-40000 Rev PO1 dated 27/8/14

• ATP-40001 Rev PO1 dated 27/8/14

• ATP-40002 Rev PO1 dated 27/8/14

• ATP-40003 Rev PO2 dated 27/8/14

• ATP-50000 Rev PO1 dated 27/8/14

• ATP-50001 Rev PO1 dated 27/8/14

• ATP-50002 Rev PO2 dated 29/8/14

• ATP-60001 Rev PO1 dated 27/8/14

• Letter from Federation Centres dated 14 October 2014 regarding footpath and landscaping works in the Jackson Place and Goldsmith Drive verge areas and other documents submitted with and forming part of the development application, except where varied by the following conditions.

2. An extended period of consent of three years from the operative date to substantially commence and five years to complete the development shall apply to Precinct 3.

3. The driveways, car parks and any traffic control devices shall be designed and constructed in accordance with AS 2890.1:2004 Parking facilities - 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).

4. Detailed engineering design for all future council infrastructure and landscaping on council land shall be lodged and approved by council prior to the commencement of the relevant section of works. All engineering design and construction shall be in accordance with relevant Australian and council standards and requirements, Codes of Practice and recognised engineering standards.

5. A bicycle parking plan shall be provided for the provision of at least 40 visitor bicycle parking spaces in safe and accessible locations, and appropriate secure staff parking and facilities, to the reasonable satisfaction of council prior to the granting of development approval.

6. A final detailed landscaping plan, including designation of species and colour palates, shall be provided to the satisfaction of council prior to development approval. This shall include:

a. the planting and maintaining of at least 36 trees to compensate for the removal of 12 regulated and 4 significant trees (which may include new trees planted in the Jackson Place and Goldsmith Drive verge areas)


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b. details of mature height levels, shade/habitat value etc, that improves the overall amenity of the development, to screen service areas and provide an appropriate and attractive buffer to adjoining business and residential uses

c. details of a link between the Zone 1 Primary Link east-west pedestrian path on the site and a footpath (or proposed future footpath) on Goldsmith Drive

d. details of any removal of mounding and vegetation in the Goldsmith Drive verge and reinstatement

e. details of the new vehicular access/egress south of the ‘pad site’.

7. A final stormwater management plan shall be provided to the satisfaction of council prior to development approval, including harvesting and reuse of stormwater where reasonably possible and the final details of the detention basin.

8. Oil, silt and trash traps shall be installed on the internal stormwater pipe drainage from the roads and car park areas prior to entering the council stormwater drainage system. These traps shall be regularly cleaned and maintained in good working order by the property owner for the life of the development.

9. A construction and environmental management plan that addresses the mitigation or minimisation of impacts (especially from noise, dust and sediment) must be prepared and submitted to the satisfaction of the City of Onkaparinga and must be implemented during the construction phase. The plan shall consider the classification, management, re-use and disposal of waste fill. Dust generated by machinery and vehicular movement during site works, and any open stockpiling of soil or building materials at the site, must be suppressed by regular application of water or other suppression methods to ensure that dust generation does not become a nuisance off site. Potential impacts of soil sediment and pollutants leaving the site or entering watercourses during the development of the site shall be mitigated/minimised.

10. An updated environmental noise assessment report from a professional acoustic engineer shall be provided prior to the granting of development approval, to confirm that noise levels from the Masters/bulky goods (north) loading areas affecting the existing intermediate care centre opposite Jackson Place, will be within relevant standards.

11. 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.

12. The internal illumination of external advertising displays shall be of low light intensity so as to not result in unreasonable light spill or glare, and not flash or be animated in any way, to the satisfaction of council.

13. 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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14. The premises including all buildings, car parking areas and landscaping shall be maintained in good condition at all times to the reasonable satisfaction of council.

15. The regulated tree nominated for retention on the approved plan is to be protected from damage during construction through an appropriate tree protection zone.

16. Lighting shall be provided within the development in accordance with AS 1158 Lighting for roads and public spaces.

Notes

1. Federation Centres and the City of Onkaparinga are entering into a legal Deed of Agreement for verge footpath and landscaping works along the adjoining southern side of Jackson Place and around the initial portion of Goldsmith Drive, as set out in written correspondence.

2. The development herein approved under the Development Act affects an easement registered on the title of the subject property. A development approval does not grant permission to encroach over an easement and separate permits may be required from the relevant authorities. In the event that such permission is not granted, it may be that the development cannot proceed as approved.

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 7:00 am and 7:00 pm. Exceptions to this requirement are prescribed in Clause 23(1) b of the Environment Protection (Noise) Policy 2007.

4. In addition to the provisions of the Building Code of Australia relating to access for people with disabilities, you must comply with the Commonwealth Disability Discrimination Act, 1992. Compliance with the Act is the responsibility of the property owner.

5. The food premises must not commence business until a ‘Food Business Notification Form’ has been completed and submitted to Council’s Community Health Team as required by the Food Act 2001.

6. The food premises must be designed and constructed as per Australian Standard 4674-2004 ‘Design, construction and fit-out of food premises’.

7. All process and trade wastes are to be stored and disposed of in such a manner so as not to create insanitary conditions, unreasonable nuisance, or pollution to the environment, in compliance with the relevant provisions of the South Australian Public Health Act 2011 and Environment Protection Act 1993.


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development assessment panel thursday, 6 november 2014 at ... … · in 2013, virtually the same...

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