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AGENDA ITEM: 3.6

Application No: 473/D045/14

KNET Reference: 2014/22836/01

Applicant: Neil Kowald c/- Planning Chambers

Proposal: Boundary realignment – 3 into 3

Subject Land: Onkaparinga Valley Road and Muellers Road, Birdwood

Relevant Authority: DAC

Role of the Commission: Schedule 10 (7a) >10% variation within the Mount Lofty Ranges

Water Protection Area

Zone / Policy Area: Watershed (Primary Production) Zone

Categorisation: Merit

Notification: Category 1

Lodgement Date: 13 November 2014

Council: Adelaide Hills Council

Development Plan: Consolidated – 9 January 2014

Referral Agencies: DPTI, SA Water

DPTI Reports: n/a

Officers Report: Janine Philbey

Recommendation: Grant Development Plan consent

and Land Division consent

PLANNING REPORT

1. BACKGROUND

At its meeting of 18 August 2014, the Development Assessment Commission resolved to refuse a

division of land (boundary realignment: 6 into 6 allotments) by Neil Kowald (DA 473/D014/14) at

Onkaparinga Valley Road, Birdwood. The subject land was within the Watershed (Primary

Production) Zone. The reasons for the refusal were as follows:

1. There is insufficient justification that the proposal will improve the management of the land for

the purposes of primary production (PDC 20b).

2. The proposal will result in the fragmentation of land holdings used for primary production, and

does not contribute to the long term sustainability of rural production (Objective 3) in the

Zone.

This matter is currently under appeal in the Environment Resources and Development Court. In

the meantime, a further development application was lodged on 13 November 2014 by the

applicant seeking to address the concerns of the Commission.

Since the lodgement of the original development application, planning policies that relate to the

development of the subject land have not changed. However as a new application, the current

proposal removes three allotments from the previous division, and seeks to amalgamate the most

productive land into a single allotment, and the least productive lands onto single allotments to

allow for their future sale.

A copy of the previous plan of division and decision notification form is in the ATTACHMENTS.

2. DETAILED PROPOSAL

The applicant proposes a boundary realignment of 3 allotments into 3 allotments.

create an allotment to the north west (51, abutting Muellers Road) with an existing fence

line to delineate the boundary

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two parcels into one (demonstrated as 52 on plans provided) and

To the north west of allotment 52 is an unused railway corridor which will form the line of

division between allotment 52 and 53.

The applicant indicates the consolidation of the most productive land onto one title will

assist in farm management.

Below is a table describing the nature of the proposal and existing land boundaries.

Proposed Parcel Number Hectares Existing parcel number

51 (hatched area, see Figure 2) 7.391 29

52 (as labelled below, see Figure 2) 32.17 29, 101, 102

53 (as labelled below, see Figure 2) 7.727 101

Application details are contained in the ATTACHMENTS.

3. DEVELOPMENT PLAN POLICY SUMMARY

The subject land is located wholly within the Watershed (Primary Production) Zone of the Adelaide

Hills Council Development Plan (Consolidated 9 January 2014). The land is approximately 1

kilometre south as the crow flies from the Country Township (Birdwood) Zone.

The proposal is neither a complying nor non-complying form of development within the zone and

has therefore been assessed on its merits.

The Watershed (Primary Production) Zone accommodates rural production and sustainable

tourism that maintains and enhances the natural resources, amenity and landscape of the south

Mount Lofty Ranges. Buildings, including dwellings, should be located to retain existing

vegetation, minimise visual impact, and prevent pollution of watercourses and underground water

resources.

Land division is envisaged within the Zone where no additional allotments are created and the

purpose of the plan of division is for the minor readjustment of boundaries to correct anomalies or

to improve the management of the land.

Land division should only occur where the proposed/potential use does not result in pollution of

water resources or the loss of primary production land. Land division for residential purposes

should ensure that a site for a detached dwelling is available which complies with the

requirements of Table AdHi/5.

Council wide provisions that are relevant to this application seek to ensure:

Development that is suitable for the intended use

Protection of productive primary production land from conversion to non-productive or

incompatible uses

Retention of rural land for the maintenance of natural character and scenic value

Protection of the Mount Lofty Ranges Watershed from pollution

A Zone Map is provided in the ATTACHMENTS.

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4. DESCRIPTION OF THE SITE AND LOCALITY

The subject land comprises six (3) allotments located at Onkaparinga Valley Road and Muellers

Road, Birdwood, and is described as follows:

Lot/Plan or Sect/HD Street / Road Suburb / Locality Hundred Title

A29, FP155444 Muellers Road Birdwood Talunga CT 5799/782

A101, DP18721 Muellers Road Birdwood Talunga CT 5777/296

A102, DP17307 Muellers Road Birdwood Talunga CT 6118/66

The land is currently used for animal grazing – a dairy operates on parcels adjacent to the subject

site. The locality displays a high level of visual amenity typical of the Adelaide Hills. The

landscape is gently undulating with significant stands of remnant mature vegetation (namely

eucalypts). A watercourse runs through several of the land parcels, south of Muellers Road.

A disused railway corridor, owned by the Commissioner for Highways, runs parallel to

Onkaparinga Valley Road and dissects lot 101. The corridor is currently unused by the

government and is reserved for the possible extension of the Amy Gillett Bikeway from Mount

Torrens to Birdwood. There are no dwellings on the subject land.

The pattern of division within the locality comprises large rural allotments, the majority of which

are regular in shape. Land in the locality is used mainly for grazing purposes, with associated

dwellings and outbuildings, with some horticultural activities at the western end of Muellers Road.

Adjacent the subject site, on the northern side of Muellers Road, are Council owned CWMS

effluent treatment ponds. The subject site is located within a Medium Bushfire Risk Protection

Area.

Figure 1: Current Allotment Boundaries

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Figure 2: Proposed Allotment Boundaries

5. AGENCY COMMENTS

SA Water – no comment as conditions on the relevant allotments are not changing.

DPTI Traffic – All access to/from allotment 53 must be gained by the existing access adjacent

the northern property boundary only. No additional vehicle access onto Onkaparinga Valley Road

shall be permitted.

Agency comments are contained in the ATTACHMENTS.

6. COUNCIL COMMENTS

A referral response prepared by Marie Molinaro, Statutory Planner (Adelaide Hills Council), notes

that the proposal is an improvement on the previous application (DA 473/D014/14).

However, undertaking a boundary realignment (existing 101 into proposed 52 and 53) creates an

increased opportunity for rural living development, prejudicing primary production activities when

assessed against the relevant provisions of the Watershed (Primary Production) Zone. The Council

have suggested an amended application be lodged involving proposed lots 51 and 52 only.

Council also recommended that bore log samples were to be taken on proposed lot 51 to

demonstrate that a wastewater disposal area which does not have a depth to bedrock less than

1.2 metres (see Table AdHi/5). The applicant has undertaken this work which is discussed in the

planning assessment below.

Council’s planning report is contained in the ATTACHMENTS.

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7. PLANNING ASSESSMENT

An assessment against relevant provisions of the Development Plan is provided below.

Planning policies referred to in this assessment are contained at the conclusion of this

report.

The applicant has provided a planning statement outlining the merits of the proposed boundary

re-alignment. The current application has been lodged as a result of conference discussions held

with DPTI staff in the ERD Court following the refusal of the previous application (DA

473/D014/14). The current proposal is much reduced in scope.

Planning policies within the Watershed (Primary Production) Zone seek to restrict the creation of

new allotments (and additional development opportunities) and where boundary realignments are

proposed, to ensure such changes are ‘to correct an anomaly in the placement of those

boundaries with respect to the location of existing buildings’ or ‘improve the management of the

land for the purpose of primary production and/or the conservation of its natural features’

(PDC20).

Any divison of land within the zone must meet the following tests:

minimises the risk of pollution to water resources (PDC19, 21)

restricts the loss of productive primary production land (PDC19, PDC42)

produce allotments of a size consistent with the locality (PDC22)

maintain the existing coverage of native vegetation (PDC33, PDC34)

On these threshold tests the application meets the intent of current policies:

no additional allotments are created

no additional development potential results from the division - both the existing and

proposed allotments are capable of supporting a dwelling

the most productive areas of the existing land holdings are combined

the proposed allotment sizes are consistent with the pattern of subdivision within the

locality - including the availability of smaller allotments for rural living purposes

existing stands of native vegetation are not unduly impacted - mostly contained on

proposed Allotment 51 (where the boundary line will follow the existing fenceline).

In addition, the proposed allotments can be appropriately serviced and each retains access to a

public road (PDC29). The disused rail corridor which partitions current Allotment 101 (which is in

two pieces), will effectively be severed with the proposed extension of the Amy Gillett Bikeway,

making the management of this land more difficult (i.e. stock movements). The bikeway currently

ceases at Mount Torrens, approximately 7 kilometres to the south of Birdwood.

The Council's concerns are noted, but on balance the proposal is an acceptable one when

considered against the intent of the plan, essentially, to maintain the status quo (i.e.no further

fragmentation of rural land holdings). In this instance, the proposal seeks to create a larger and

more viable primary production allotment (32ha) and two smaller allotments (7ha), and not three

mid-range allotments of 14 to 16ha, which if sold independently, do not immediately lend

themselves to a primary production use (if not connected to a larger farming enterprise).

The applicant has also undertaken bore log samples to investigate Council’s concerns regarding

Table AdHi/5 and the 1.2m of soil depth required for the installation of a wastewater management

system can be achieved. . Investigations indicate that bedrock is deeper than 1.2m on this site,

therefore satisfying Development Plan requirements (see attachments for details).

8. CONCLUSION

The plan of division will not create any additional development ‘opportunity’ nor should it expedite

the conversion of existing allotments to a non-productive use than currently exists. Current

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planning policies - subject to design and siting requirements - envisage one dwelling per

allotment. However, the proposal does allow for the creation of a primary production allotment

double the size of the largest existing allotment (16 to 32ha).

As such, the plan of division does not offend the Zone policies relating to the maintenance and

enhancement of the natural resources, amenity and landscape of the south Mount Lofty Ranges

(Objectives 1,2,4,5)

The boundary realignment results in mostly large allotments that are suitable for primary

production and have sufficient space for a detached dwelling and waste treatment system without

resulting in pollution of water resources, clearance of native vegetation, or significant alteration of

the landscape. This is consistent with Zone PDCs 18, 19, 21 and Table AdHi/5.

Whilst is it arguable whether the proposal represents a minor adjustment of allotment boundaries,

no additional allotments are created, and the purpose of the proposal is to improve the

management of the land for primary production. This is consistent with Zone PDC 20.

The allotment configuration respects existing natural features and although this results in the

creation of one irregular shaped allotment below 10ha, it affords better protection for existing

native vegetation. This is consistent with Zone Objective 4 and PDC 33.

The creation of one larger allotment of 32.17ha is particularly conducive to primary production

and therefore achieves Zone Objective 3 and PDC 19. The size of allotments is consistent with

those in the locality (Zone PDC 22).

The proposal is not seriously at variance with the Development Plan, as suggested by Council’s

Planner, and warrants approval by DAC.

9. RECOMMENDATION

I recommend that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in

the Development Plan.

2) RESOLVE to GRANT Development Approval to Development Application 473/D045/14 for the

3 into 3 boundary realignment at Onkaparinga Valley Road and Muellers Road, Birdwood

(various parcels of land) subject to the following conditions and advisory notes:

Planning Conditions:

1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict

accordance with the details and plans, including the amended plans as submitted in

development application number 473/D045/14:

Document Number Description

13-106let04 Letter to Development Assessment Commission (Delegate) re new application and addressing DAC’s concerns

Sheet 1 of 2 – GS2304 LDA Summary of land realignment and redesignation of parcels

Sheet 2 of 2 – GS2304 LDA Plan of land realignment and redesignation of parcels

13-106let05 Letter to Development Assessment Commission re

further information (bore log results and provision of Adelaide Hills 20 year trail strategy and action plan)

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Land Division Conditions:

2. A final plan complying with the requirements for plans as set out in the Manual of

Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar

General to be lodged with the Development Assessment Commission for Land Division

Certificate purposes.

3. All access to/from allotment 53 must be gained by the existing access adjacent the

northern property boundary only. No additional vehicle access onto Onkaparinga

Valley Road shall be permitted.

Advisory Notes:

a) The development must be substantially commenced or application for certificate made

within 12 months of the date of this Notification, unless this period has been extended

by the Development Assessment Commission.

b) The applicant is also advised that the final land division certificate must be obtained

from the Development Assessment Commission to complete the development within 3

years of the date of the Notification unless this period is extended by the Commission.

c) The applicant will require a fresh consent before commencing or continuing the

development if unable to satisfy these requirements.

d) The applicant has a right of appeal against the conditions which have been imposed

on this Development Plan Consent or Development Approval.

e) Such an appeal must be lodged at the Environment, Resources and Development

Court within two months from the day of receiving this notice or such longer time as

the Court may allow.

f) The applicant is asked to contact the Court if wishing to appeal. The Court is located

in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204

0300).

g) If there is an intention to clear native vegetation on the land at any time, the

applicant should consult the Native Vegetation Council to determine relevant

requirements under the Native Vegetation Act 1991 and its Regulations, which may

include the provision of a Significant Environmental Benefit. Note that ‘clearance’

means any activity that could cause any substantial damage to native plants,

including cutting down and removing plants, burning, poisoning, slashing of

understorey, removal or trimming of branches, severing roots, drainage and

reclamation of wetlands, and in some circumstances grazing by animals. For further

information contact the Native Vegetation Council on telephone 8303 9741 or visit:

http://www.nvc.sa.gov.au.

…………………………………………………

Janine Philbey

PLANNING OFFICER

DEVELOPMENT ASSESSMENT (DPTI)

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DETAILED ASSESSMENT REPORT

The Objectives and Principles of Development Control in the Development Plan most relevant to

the assessment of the application are outlined as follows. These are contained in the Adelaide

Hills Council Development Plan Consolidated – 9 January 2014.

ZONE POLICIES

Objective 1: The maintenance and enhancement of the natural resources of the south Mount

Lofty Ranges.

Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of high quality

water.

Objective 3: The long-term sustainability of rural production in the south Mount Lofty Ranges.

Objective 4: The preservation and restoration of remnant native vegetation in the south Mount Lofty Ranges.

Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Ranges

for the enjoyment of residents and visitors.

Land Division

18 Land Division should only occur where a suitable site for a detached dwelling is available which complies with the criteria detailed in Table AdHi/5.

19 Land division in rural areas should not occur where the proposed or potential use is liable to:

(a) result in the pollution of water resources; or (b) cause the loss of productive primary production land.

20 Land division may be undertaken where no additional allotment or allotments are created and

the purpose of the plan of division is to:

(a) provide for a minor readjustment of allotment boundaries to correct an anomaly in the placement of those boundaries with respect to the location of existing buildings; and (b) provide for a minor readjustment of allotment boundaries to improve the management

of the land for the purpose of primary production and/or the conservation of its natural

features.

21 Land division may be undertaken provided that the development of the resulting allotments

would not result in a loss of primary production land or in a greater risk of pollution of surface or

underground waters than would occur through development of the existing allotments.

22 Re-arrangement of allotment boundaries should produce allotments of a size consistent with

that in the locality.

33 Proposals to divide land or re-arrange allotment boundaries should not increase the number of

allotments adjoining allotments on which there is native vegetation.

34 Land should not be divided, or allotment boundaries re-arranged in a way which increases the

number of allotments or part allotments over areas of native vegetation.

42 Rural areas should be retained for primary production purposes and other uses compatible

with maintaining rural productivity.

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44 Development which would remove productive land from primary production or diminish its

overall productivity for primary production, should not be undertaken unless the land is required

for essential public purposes.

Comment:

While this proposal is not considered to be a minor adjustment of allotment

boundaries (PDC 22), it is consistent with the majority of these policies.

The proposed Plan of Division does not create any additional allotments. The

purpose of the land division is to allow ongoing use of the land for primary

production/dairy farming. The Applicant has noted that this is necessary should

the Amy Gillett Bikeway be extended through the site; this would create a barrier

between many of the allotments, creating difficulties for stock movement.

While the Applicant has indicated that there are no immediate plans to sell the

land for rural living, the plan of division provides greater flexibility for this to

occur, without compromising the current use of the land for primary production.

The sizes of the proposed allotments range from 7.391ha to 32.17ha, which is

consistent with the existing pattern of development in the locality and generally

conducive to primary production. Only one irregular shaped allotment in being

created (51) however this is considered acceptable as it follows an existing fence

line along a watercourse and separates a large stand of native vegetation from

the rest of the subject site.

Any vegetation removal required for will require approve under the Native

Vegetation Act 1991. A standard note to this effect is recommended.

Non-complying Development

70 All kinds of development are non-complying in the Watershed (Primary Production) Zone

except for the following:

Land Division where no additional allotments are created, either partly or wholly, within the Watershed (Primary Production) Zone, and where the development of the proposed allotments

does not result in a greater risk of pollution of surface or underground waters than would the

development of the existing allotments, and provided a suitable site for a detached dwelling is

available such that the site and the dwelling would comply with the criteria in Table AdHi/5

TABLE AdHi/5

Non-complying Exemptions

(a) Is not located on land subject to flooding as shown on Figures AdHiFPA/1 to 19 or other areas

subject to flooding or inundation by a 1 in 100 year average return interval flood event or situated

on land fill which would interfere with the flow of flood waters.

(b) Is connected to an approved sewerage or common effluent disposal scheme or has an

existing, or approved, on-site waste water treatment and disposal method which complies with

the Standard for the Installation and Operation of Septic Tank Systems in South Australia

(including Supplements A & B) as prepared by the South Australian Health Commission;

(c) Does not have any part of a septic tank effluent drainage field or any other waste water

disposal area (eg irrigation area) located within 50 metres of a watercourse identified on a current

series 1:50 000 Government standard topographic map and when locating tourist accommodation

for eleven guests or more any effluent generated is not disposed onto land:

(i) In a high rainfall zone (>900 mm/year);

(ii) Within 200 metres of a major watercourse (3rd or higher order);

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(d) Does not have a waste water disposal area located on any land with a slope greater than 20

percent (1 in 5), or depth to bedrock or seasonal or permanent watertable less than 1.2 metres;

(e) Does not have a septic tank or any other waste water treatment facility located on land likely

to be inundated by a 10 year return period flood event;

(f) Is sited at least 25 metres from any watercourse identified on a current series 1:50 000

Government standard topographic map;

(g) In the case of tourist accommodation, has a secure, potable water supply that can provide at

least 125 litres per person per day (including staff) that meets the South Australian Health

Commission standards.

Comment:

The Applicant has provided a Plan addressing Council concerns regarding

wasterwater disposal and the depth of 1.2m. Bedrock was not reached and

therefore addresses requirements outlined in Table AdHi/5 see (d).

COUNCIL POLICIES

Form of Development

Objective 1: Orderly and economic development.

Objective 6: Protection of productive primary production land from conversion to non-productive

or incompatible uses, and encouragement of full-time farming of rural land.

Comment:

The majority of the proposed allotment boundaries follow existing fence lines.

The allotments are consistent in size and shape with existing development in the

locality and support the existing use of the land for farming. The plan of division

does not change the status quo with regard to existing or potential future uses of

the site.

The proposal is consistent with these policies.

Land Division

Objective 10: Land in appropriate localities divided into allotments in an orderly and economic

manner.

28 Land should not be divided:

(a) in a manner which would prevent the satisfactory future division of the land, or any

part thereof;

(b) where community facilities or public utilities are lacking or inadequate;

(c) where the proposed use of the land is the same as the proposed use of other existing

allotments in the vicinity, and a substantial number of the existing allotments have not

been used for that purpose;

(d) where the overall natural slope of the land in any proposed allotment is steeper than a

gradient of 1 in 4, except where shown on Residential (Glen Stuart Road) Concept

PlanFigure R/1.

(e) if the proposed use, or the establishment of the proposed use, is likely to lead to

erosion of the land in the vicinity thereof;

(f) unless wastes produced by the proposed use of the land can be managed so as to

prevent pollution of a public water supply or any surface or underground water resources;

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(g) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal

where required;

(h) if the size, shape and location of, and the slope and nature of the land contained in

each allotment resulting from the division is unsuitable for the purpose for which the

allotment is to be used;

(i) if any part of the land is likely to be inundated by floodwaters and risk of flooding is

inappropriate to the intended use of the land;

(j) without due regard being given to the surface drainage of each allotment created ;

(k) if it will lead to the sterilisation of mineral resources;

(l) where there would be detrimental effect to the character, integrity and heritage value

of the land or detract from buildings or gardens of recognised heritage significance land

identified/listed in Tables AdHi/1 and 2; or

(m) where an underground water supply to be used for the intended development cannot

be maintained in the long-term or if the underground water supply of adjacent users will

be adversely affected.

29 When land is divided:

(a) any reserves or easements necessary for the provision of public utility services should

be provided;

(b) proposed roads should be graded, or be capable of being graded to connect safely and

conveniently with an existing road or thoroughfare;

(c) for urban purposes, provision should be made for suitable land to be set aside for

usable local open space;

(d) provision should be made for a reserve of at least 30 metres in width along the

watercourse when measured from the top of the bank;

(e) each allotment resulting from the division should be provided with safe and convenient

access to the carriageway of an existing or proposed road or thoroughfare. No allotment

should be solely dependent upon a private road, or right of way, for access;

(f) a water supply sufficient for the purpose for which the allotment is to be used should be

made available to each allotment; and

(g) provision should be made for the disposal of waste waters, sewage and other effluent

on each allotment without risk to health.

30 Allotment boundaries should be located where interference with native vegetation and

drainage lines will be minimal and in locations which enhance the management of the natural

features.

31 No land division should take place where the subsequent development of the land may lead to

or result in the exploitation or pollution of a water resource.

32 Land division should only occur where the land is suitable for its intended or particular use.

33 Allotments adjacent to roads shown as being required for road widening on the Plan deposited

under the provisions of the Metropolitan Adelaide Road Widening Plan Act 1972 shall allow for the

road widening proposed in that Plan.

36 The design of a land division should be capable of or provide for:

(a) minimised impact on landform and drainage systems;

(b) land affected by a 1:100 ARI flood event being kept free from development;

(c) a stormwater drainage system that:

(i) does not increase the flow rate downstream; and/or

(ii) where practicable, stormwater flows to be retained and detained for re-use

close to its source including possible aquifer storage and re-use;

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(d) maximised interception, retention and removal of water-borne pollutants (including

sediment, litter, nutrients, microbial contaminants and other potential toxic materials)

prior to their discharge to receiving water;

(e) the continuation of or assisting in the establishment or restoration of healthy and

diverse wetland environments;

(f) preventing the potential for sewage overflows to enter the system;

(g) maximising opportunities for aquifer recharge; and

(h) utilisation of opportunities for storing, treating and retrieving stormwater run-off for

subsequent use.

Comment:

Transportation

Objective 20: The safe and efficient movement of people and goods.

41 The construction of access ways onto public roads should:

(a) not interfere with or restrict drainage channels or watercourses; and

(b) be in a safe and convenient location.

43 Development and associated points of access and egress should not cause interference with

the free flow of traffic on adjoining roads.

45 The number, location and design of access points onto arterial roads shown on Map AdHi/1

(Overlay 1) should minimize traffic hazards, queuing on roads, right turn movements and

interference with the function of intersections, junctions and traffic control devices.

Comment: The proposal is consistent with these policies.

Rural Development

Objective 61: The retention of rural areas primarily for forestry, primary production and

conservation purposes and the maintenance of the natural character and rural beauty of such

areas.

174 Rural land should primarily be retained for agricultural and/or native vegetation retention

purposes.

Conservation

Objective 70: The retention of remaining native vegetation.

202 Development should be undertaken with the minimum effect on natural features, land

adjoining water or scenic routes or scenically attractive areas.

216 The treatment and disposal of effluent and any other waste material should be achieved

without risk to health and without pollution of any water resource.

Watershed Protection

Objective 103: Protection of watersheds from pollution.

Objective 105: The prevention of development which could lead to a deterioration in the quality

of surface or underground waters within the Mount Lofty Ranges Watershed.

296 Development within the Mount Lofty Ranges should be compatible with its use as a water

catchment and storage area, and with its values as an area of primary production and scenic

quality.

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297 Development should primarily be limited to that which is essential for the maintenance of

sustainable grazing, commercial forestry and primary production activities.

299 Development should minimise the risk of pollution of water catchment areas.

Comment:

The boundary realignment results in mostly large allotments that are suitable for

primary production and have sufficient space for a detached dwelling and waste

treatment system without resulting in pollution of water resources, clearance of

native vegetation, or significant alteration of the landscape.

The proposal is consistent with these policies.

Bushfire Protection

Objective 106: Development should minimise the threat and impact of bushfires on life and

property while protecting the natural and rural character.

305 Where land division does occur it should be designed to:

(a) minimise the danger to residents, other occupants of buildings and fire fighting personnel;

(b) minimise the extent of damage to buildings and other property during a bushfire;

(c) ensure each allotment contains a suitable building site that is located away from vegetation

that would pose an unacceptable risk in the event of bushfire; and

(d) ensure provision of a fire hazard separation zone isolating residential allotments from areas

that pose an unacceptable bushfire risk by containing the allotments within a perimeter road or through other means that achieve an adequate separation.

Comment:

Future residential development of the allotments would need to comply with the

Ministers Code for Undertaking Development in Bushfire Protection Areas.

Council considers that the dimensions, size and slope of the subject site would

allow for the Minister’s Code to be met.

The proposal is consistent with these policies.