217-219 East Terrace, Adelaide · removal of a significant tree. 217-219 East Terrace, Adelaide...

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Development Assessment Commission 26 November 2015 1 AGENDA ITEM 3.1 R V Jordan Construction of a 6 level (ground plus 5 storeys) apartment building, and removal of a significant tree. 217-219 East Terrace, Adelaide 020/A065/15 TABLE OF CONTENTS PAGE NO AGENDA REPORT 2-30 ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 31-69 2: MAPS & PHOTOS 70-83 3: APPLICATION & PLANS a. Holmes Partners Planning Report b. Phil Weaver & Associates Traffic & Parking Assessment c. Arborman Tree Solutions Pty Ltd Arboricultural Impact Assessment d. Aspect Studios Landscape Concept Design Report 85-181 4: AGENCY COMMENTS 182-184 5: COUNCIL TECHNICAL ADVICE 185-187 6: REPRESENTATIONS 188-238 7: RESPONSE TO REPRESENTATIONS 239-256

Transcript of 217-219 East Terrace, Adelaide · removal of a significant tree. 217-219 East Terrace, Adelaide...

Page 1: 217-219 East Terrace, Adelaide · removal of a significant tree. 217-219 East Terrace, Adelaide 020/A065/15 TABLE OF CONTENTS PAGE NO AGENDA REPORT 2-30 ATTACHMENTS 1: DEVELOPMENT

Development Assessment Commission

26 November 2015

1

AGENDA ITEM 3.1

R V Jordan

Construction of a 6 level (ground plus 5 storeys) apartment building, and removal of a significant tree.

217-219 East Terrace, Adelaide

020/A065/15

TABLE OF CONTENTS

PAGE NO

AGENDA REPORT 2-30

ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 31-69

2: MAPS & PHOTOS 70-83

3: APPLICATION & PLANS

a. Holmes Partners – Planning Report

b. Phil Weaver & Associates – Traffic & Parking

Assessment

c. Arborman Tree Solutions Pty Ltd – Arboricultural

Impact Assessment

d. Aspect Studios – Landscape Concept Design Report

85-181

4: AGENCY COMMENTS 182-184

5: COUNCIL TECHNICAL ADVICE 185-187

6: REPRESENTATIONS 188-238

7: RESPONSE TO REPRESENTATIONS 239-256

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AGENDA ITEM 3.1

OVERVIEW

Application No 020/A065/15

Unique ID/KNET ID 2015/13216/01

Applicant R V Jordan

Proposal Construction of a 6 level (ground plus 5 storeys) apartment

building, and removal of a significant tree.

Subject Land 217-219 East Terrace

Zone/Policy Area City Living Zone, East Terrace Policy Area 29

Relevant Authority Inner Metropolitan Development Assessment Committee of the

Development Assessment Commission

Lodgement Date 28 August 2015

Council Adelaide City Council

Development Plan Adelaide (City) Development Plan – consolidated 2 April 2015

Type of Development Merit

Public Notification Category 2

Representations 6 reps, 4 wish to be heard

Referral Agencies Government Architect

Report Author Elysse Kuhar, Planning Officer

RECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The applicant is seeking to construct a 6 storey residential apartment building,

comprising 10 apartments and basement car park , and remove a significant tree, within

the City Living Zone . The proposed land use is consistent with the zone’s desire for

higher density infill development. It is also due to the intent of the zone that the removal

of the significant tree is supported.

The primary planning issues associated with the proposal include building height, design

and appearance, setback from side and rear boundaries and car parking. The proposal

exceeds the height limit of 4 storeys; however, the building proportion, balconies,

setbacks and materiality have contributed in minimising the building mass and height

when viewed from surrounding development. All apartments will have dual aspect, and

access to useable private open space and storage facilities, albeit short in some

circumstances.

The overall design and appearance is supported by the Government Architect, a

mandatory referral body.

The proposal was subject to Category 2 public notification, with 6 representations

received during the notification period. There were a number of concerns raised primarily

relating to the height and design of the development, and its impact on adjacent

properties in terms of noise, traffic, overlooking and overshadowing. The applicant has

adequately responded to the issues raised by the representors.

Overall, in considering the desired intent of the zone, representations received and the

comments from the Government Architect as well as the Adelaide City Council, the

proposal is considered to have sufficient merit to warrant planning consent.

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ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

The Council initiated Residential and Main Street Development Plan Amendment

(DPA) was consolidated on 30 October 2014. The DPA sought to review and

consolidate residential zones and investigate opportunities for medium rise residential

development on South Terrace and East Terrace. The DPA reviewed how previous

Development Plan quantitative controls such as density, floor space and height should

apply. The policy review included removing some of the non-complying triggers to

open up policy for more development to be considered on merit.

1.2 Pre-Lodgement Process

The proponent engaged in the pre-lodgement service, participating in three (3) Pre-

lodgement panel meetings and 2 (two) Design Review sessions.

2. DESCRIPTION OF PROPOSAL

Application details are contained in ATTACHMENT 3.

The application is for the construction of a 6 storey (ground plus 5 storeys) apartment

building comprising 10 apartments and basement car park.

A summary of the proposal is as follows:

Land Use

Description

Residential apartment building including basement car park.

Building Height 6 levels (ground floor plus 5 storeys), building height of 20.46m

to the underside of the roof with a lift overrun of 1.94m

Description of levels Basement: Apartment dedicated car parking (22 spaces), 30

bicycle parking spaces.

Ground level: visitor car parking, including 1 disability access

car park (3 spaces), 2 x 2 bedroom garden apartments

Level 1-3: 2 x 3 bedroom apartments per floor

Level 4-5: 1 x 4 bedroom penthouse per floor

Apartment floor

area (excluding

balconies)

Apartments vary in size from approx. 124.9m2 to approx.

276.61m2.

Site Access Vehicle access via the existing Wilson Street crossover.

Car and Bicycle

Parking

22 parking spaces dedicated to the apartments located at

basement level with 3 visitor parking spaces, including one

disability access parking space, at ground level (total of 25 car

parking spaces). Bicycle racks for up to 30 bikes.

Encroachments Yes – Window shades on the northern elevation

Staging N/A

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3. SITE AND LOCALITY

3.1 Site Description

The site consists of 4 (four) allotments, described as follows:

Lot No Street Suburb Hundred CT Reference

Lot 22 in DP 66895 East Terrace Adelaide Adelaide CT 5958/219

Lot 23 in DP 66895 East Terrace Adelaide Adelaide CT 5958/220

Lot 24 in DP 66895 East Terrace Adelaide Adelaide CT 5958/221

Lot 1 FP 5661 East Terrace Adelaide Adelaide CT 5958/224

The subject site is located on the corner of Wilson Street and East Terrace opposite

the East Parklands. The site is irregular in shape and has a frontage of 21.49m to

East Terrace and 47.14m to Wilson Street. The total site area is 1121.61m2.

The site currently contains a single storey building which has been used as offices for

the last 40 years. The rear of the site is predominantly used as a car park and

includes a free and unrestricted right of way servicing the property to the south

eastern corner of the site. A number of other easements for sewerage, water supply,

drainage, electricity, gas supply and TV signals are also accommodated on the site.

A significant tree is located on the boundary to Wilson Street in the north eastern

corner of the site.

The site falls slightly from west to east with a difference of around 0.75m.

3.2 Locality

The locality is characterised by a relatively intensively developed area including

predominantly apartment buildings and townhouse in the block bounded by East

Terrace, Halifax Street, Tomsey Street and Carrington Street. To the south of the

subject site, East Terrace accommodates a predominantly four storey built form,

typically built boundary to boundary. The locality is more urban than those parts of

East Terrace that are characterised by large detailed residences in landscaped

grounds.

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Figure 1 – Location Map

4. COUNCIL COMMENTS or TECHNICAL ADVICE

4.1 Adelaide City Council

There is no formal statutory referral to Adelaide City Council, however, Council staff

have been informally consulted on the proposal through the case managed pre-

lodgement process and during the formal assessment process.

No formal position has been offered with respect to the planning merits of the

proposal or the impact on adjacent residential properties.

Traffic/Transport

Given the width of the Wilson Street footpath any encroachment (balconies)

cannot achieve the appropriate setback to ensure that they will not be damaged

by tall vehicles and must be at a height of 5m from the underside of the

encroachment to the roadway.

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Line of sight to the pedestrians travelling east along the Wilson Street footpath

cannot be achieved and convex mirrors will need to be installed at the cost of the

developer.

The position of the lift will narrow the aisle in the basement car park and 4 x

bollards will be placed to protect the structure however it is recommended that

bollards or similar be placed to ensure that a person existing the lift does not walk

straight into the path of a vehicle.

Danger that a vehicle reversing from space 5 or 6 may reverse into lift doors.

Any changes to on-street parking will need to be discussed with Council.

Roads/Footpaths

Any damage to ACC’s infrastructure during development will be the responsibility

of the developer to rectify to a standard equal to or better than pre-development

condition.

The Wilson Street footpath and crossover (driveway) will need to be designed and

constructed to Council standards including approved materials at the cost of the

development.

Stormwater

Stormwater runoff from the proposed residential development must be maintained

within the property boundaries, collected and discharged to the East Terrace road

reserved. The majority of stormwater runoff from the proposed development must

be discharged to East Terrace however Council will accept the discharge of minor

stormwater runoff to Wilson Street.

Collected seepage water from the proposed landscaped areas must be either

discharged to sewer or the proposed rainwater reuse tank located in the basement

car park.

Surface levels of the access road to the basement vehicle ramp off Wilson Street

must be a minimum 100mm above the top of kerb levels in Wilson Street adjacent

to the vehicle driveway to provide adequate freeboard protection to the basement

car park from the 1 in 100 year ARI rainfall event.

Lighting/Electrical/CCTV

The post-top lighting along Wilson Street is owned by Council

Any temporary or permanent alterations to the infrastructure must comply with:

o AS/NZS 300:2007 Electrical Installations

o AS/NZS 1158 Road Lighting as applicable for this location

The proposed development works will impact on the public lighting within the

proximity of the development site

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If temporary hoarding or site works require modification of existing Council and/or

SA Power Network’s public lighting (including associated infrastructure such as

cabling etc) shall meet Council’s requirements. The works shall be carried out to

meet Council’s requirements and all costs borne directly by the developer.

All modifications requiring temporary removal/relocation/provision of temporary

lighting/reinstatement of existing Council and/or SA Power Network’s public

lighting (including associated infrastructure such as cabling etc) shall meet

Council’s requirements. The works shall be carried out to meet Council’s

requirements and all costs borne directly by the developer.

All damage to Council infrastructure, including damage to public lighting and

underground ducting etc caused by projects works or loading of site crane onto

pathways will be repaired to meet Council’s requirements at the cost of the

developer.

If new canopies are to be constructed as part of these works, then lighting to

meet Councils under verandah requirements shall be installed.

Lighting design and installation to be fully compliant with AS 4282 – 1997 Control

of the obtrusive effects of outdoor lighting. Sign off by a consultant is required to

confirm compliance.

Relevant lighting calculation grid detailing property lines should be provided for

Council’s records

Street Trees/Landscaping

Reinstatement of all streetscaping adjacent to the proposed development is

required.

Street trees are desired to be retained and any need for pruning and or removal

must be done by Council only. All costs including tree valuation will be borne by

the applicant.

Urban Elements

Any urban elements or assets created or existing assets effected (requiring

relocation, removal or temporary storage) by this development requires the

approval of the Asset Manager Urban Elements prior to any works commencing.

Council will provide an invoice for any such works and it must be paid prior to any

works commencing. Note the assets are the property of Council and only Council

or its representatives can carry out the work.

There is a street name plate in the vicinity of the development.

It is recommended that any consent granted the proposal be subject to conditions

addressing Council’s technical comments.

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5. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in ATTACHMENT 4.

5.1 Government Architect

The Government Architect is a mandatory referral in accordance with Schedule 8 of

the Development Regulations 2008. The Commission must have regard to this advice.

The Government Architect advises that there is overall support for the land use,

massing and form of the proposed scheme. The proposal responds to the surrounding

context and prominent corner location.

The upper level set back and general massing and configuration on the site reduces

the massing to both East Terrace and Wilson Street by expressing the building as a

predominantly four level built form. This is further reinforced with a change in

material above the fourth level.

General support was expressed regarding the landscaped garden space for the East

Terrace frontage, colonnade linking street corner and main entrance on Wilson Street

and general integration with the public realm.

The Government Architect questioned whether the configuration and gradient of the

basement access ramp was compromised as a result of the easements, however, it is

noted that this was not identified in Council’s technical comments nor in the Traffic

Impact Assessment Report. The traffic modelling provided by the traffic consultant

indicates that this arrangement is acceptable.

No recommended conditions were included in the referral comments.

6. PUBLIC NOTIFICATION

The application was notified as a Category 2 development pursuant to PDC 17 (b) of the

City Living Zone as it is not neither Category 1 nor non-complying. Public notification was

undertaken (by directly contacting adjoining owners and occupiers of the land) and 6

representations were received.

Representor

ID

Issue Applicant’s Response

R1 Overlooking –

Children’s Centre

The CBC Children’s Centre is over 200m from

the subject site. No perceptible view into the

school site.

R2 Structural Integrity It is standard practice to require a dilapidation

report be prepared for any structure at genuine

risk of damage prior to the commencement of

construction work.

This could be dealt with by way of the

attachment of a condition to any consent.

Access to Neighbouring

Property

The preparation of a Construction Management

Plan will have due regard to the minimisation

of any road access disruptions.

This could be dealt with by way of the

attachment of a condition to any consent.

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Representor

ID

Issue Applicant’s Response

Safety of Vehicular

Access on Wilson

Street

The proposal only involves 10 apartments with

an estimated 65 daily movements compared

with the current office movements of 75-80.

Considers that the proposal is unlikely to have

any greater impact on the neighbour being

able to access their driveway.

Significant Tree –

Result in loss of privacy

and noise protection.

Advice from acoustic engineers suggests that

vegetation provides little to no amelioration of

noise impact.

A replacement tree is proposed to be planted in

almost the identical location. The tree species

grows moderately fast and has dense foliage.

R3 & R4 Height Recognised that the proposal is taller than

existing surrounding buildings, however notes

the transition of the CBD to greater heights

and densities in many locations.

Has worked through design review to ensure

that the building design and massing are

appropriate in the location.

Has received support from the Government

Architect.

Plot Ratio Strong emphasis in the Development Plan, of

intensification of activity in this precinct,

particularly along Park Lands frontages.

Believes that the proposal meets broader

design criteria for the area in particular

extending boundary to boundary to reflect the

neighbouring properties to the north and south

The proposal provides ample floor space,

private open space and car parking, suggesting

that the proposed building sits comfortably on

the site.

Set Backs Wilson Street is 7.6m wide, meaning that the

proposed building is never closer the 7.6m to

the properties to the north.

The applicant has paid particular attention to

the northern façade of the proposed building

and endeavoured to make it particularly

attractive and interesting. The variations in the

building and introduction of a greenwall break

down the mass of the façade.

Overlooking –

Carrington Street

Believe that the private open space of the

buildings on Carrington Street will be screened

by the buildings fronting Wilson Street.

Pedestrian Entry Estimate 10 pedestrian movements per day.

The change in location of the pedestrian

entrance from North Terrace to Wilson Street

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Representor

ID

Issue Applicant’s Response

was encourage during design review and the

outcome is a more engaging environment of

Wilson Street.

Greenwall Extension The Greenwall could be extended to the ground

level in the vicinity of the pedestrian access

ramp, west of the main entrance.

The screening of the balconies on the northern

façade is not considered necessary as they are

not expected to be heavily utilised, nor do they

provide significant overlooking potential.

Sun/Heat Reflection of

Northern Wall

Does not believe sun/heat reflection will be

excessive. The northern elevation has many

deeply recessed balcony elements that will be

in shadow in summer months, has sunshading

over exposed windows and includes a

greenwall which is likely to have a cooling

effect.

Glass

Balustrades/Northern

Windows

Does not wish to include opaque glass on

northern aspect. Views from within the

apartments are strongly oriented toward the

parkland.

Generally accepted that there will be some

overlooking in a city living environment.

Notes that townhouses opposite have both

front and year outdoor open space area.

The proposal provides only bedroom outlooks

to the north.

The introduction of opaque glass may affect

the overall design of the building, however,

would contemplate the introduction of a

horizontal grille system to match the movable

screen to ensure there are no downward views

the adjacent townhouses.

Air Conditioning Noise The air conditioning plant is located on the roof

inside a screen parapet setback from the

building façade, as such the plant is over 20m

from the neighbouring properties. This is likely

to result in less noise impact than typically

experienced in a low density suburban

environment.

The plant will meet Australian Standards

Window Shades Over

Wilson Street

The window shades protrude 800mm into

Wilson Street at a height above ground level of

6-7m and will have no impact on the street. If

window grilles are introduced (see comments

above) then these shades will be removed.

Colonnade Lighting The colonnade will use directional lighting with

minimal light spill beyond the immediate

environs.

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Representor

ID

Issue Applicant’s Response

Waste Management &

Collection

A waste disposal room is provided at ground

level. Contractors will remove the waste bins

via a roller door to the outside of the building

for disposal into the contractors rubbish

removal vehicles. This is likely to be required

once per week but will be arranged as often as

necessary.

Individual bins will not be placed on the

footpath on either East Terrace or Wilson

Street.

Affordable Housing The proposal does not include and is not

required to include affordable housing

Visitor Car Parking The proposal provides 25 car parks, in excess

of the required 18. While 3 spaces at ground

level have been identified for visitors there are

potentially 4 spaces in the basement car park

that could be used for visitor spaces.

There is ample visitor car parking along East

Terrace which typically has vacant spaces after

normal business hours.

Wilson Street Traffic

Volumes

The proposal only involves 10 apartments with

an estimated 65 daily movements compared

with the current office movements of 75-80.

Considers that the proposal is unlikely to have

a significant impact on traffic volumes a report

prepared by Phil Weaver & Associates Pty Ltd

is attached.

Basement Car Parking The accessibility of all car parking spaces has

been tested with all spaces be accessible. 4

spaces have been recommended for smaller

cars (notwithstanding their suitability for use

by the standard model car).

Considers that as proposal exceeds the

required number of car parking spaces, the

provision of 4 spaces for smaller cars is

acceptable.

Queuing on Wilson

Street

There is queuing space for 3 vehicles inside the

subject site prior to entering the car park

ramp. Given that the expected average vehicle

movements during peak hour is one vehicle

every 9 minutes it is improbable that any more

than one car would have to wait for another to

exit up the basement ramp.

Corner Cut-offs on

Driveway

Notes that none of the representors provide

cut-offs on their driveways.

All vehicles are expected to enter and exit the

site in a forward direction, as compared to the

reversing from car ports that occurs on

neighbouring properties.

Applicant is willing to provide for a convex

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Representor

ID

Issue Applicant’s Response

mirror at the point of the driveway exit to aid

pedestrian safety on Wilson Street.

Construction Activities A Construction Management Plan will be

prepared by the builder which will address dust

management, site safety and construction

vehicle movement around the site.

R5 Overshadowing It is acknowledged that the proposal will cast

shadows to the south and that the rear

elevation of 4/220 East Terrace will enjoy less

direct sunlight in the afternoon that currently

occurs.

Notes that it is anticipated that the site will be

redeveloped at a height and density well

beyond the current single storey built form.

All apartments in the neighbouring property to

the south will enjoy uninterrupted access to

sunlight from 9.00amm to 12.00pm year

round.

Notes that the standards sought by Council

Wide PDC 28 & 57 are exceeded.

R6 Height See response to R3 & R4 above

Waste Collection See response to R3 & R4 above

Car Parking See response to R3 & R4 above

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Figure 2 – Representation Map

A total of 4 representors wish to be heard by the Commission.

A copy of each representation is contained in ATTACHMENT 6 and the applicant’s

response is contained in ATTACHMENT 7.

7. POLICY OVERVIEW

The subject site is within the City Living Zone and the East Terrace Policy Area as

described within the Adelaide (City) Development Plan Consolidated 2 April 2015.

7.1 Zone

The City Living Zone comprises Adelaide’s main living districts with a range of

housing styles and types. Carefully executed high quality residential infill is envisaged

and opportunities are presented for comprehensive redevelopment on larger sites.

7.2 Policy Area

The East Terrace Policy Area encourages the reinforcement of the existing

character of grand buildings set on attractive, landscaped grounds in a Park Lands

edge setting. The policies envisage the continued development of residential flat

buildings which are complementary in design, to the many State and Local

Heritage Places.

7.3 Council Wide

The Council Wide provisions provide guidance relating to dwelling functionality

and amenity (through private open space, minimum apartment sizes, access to

natural light and ventilation, outlook and effective deign) and seeks a high

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AGENDA ITEM 3.1

standard of design and appropriate bulk and scale of buildings and contribution to

streetscape.

Relevant planning policies are contained in Appendix One and summarised below.

Figure 3 – Zoning Map

7.4 Overlays

7.4.1 Affordable Housing

The proposal is subject to the affordable housing overlay; however, as the

development will result in less than 20 dwellings there are no requirements for

affordable housing.

7.4.2 Adelaide City Airport Building Heights

The proposal is subject to the Adelaide City Airport Building Heights Overlay;

however the building is well under the OLS Contour Boundary.

7.4.3 Other Overlays

Wilson Street is identified as a Major Walking Route on Map Adel/1 (Overlay 2).

The proposal is not on a Primary or Secondary City Access or a Local Connector

and is not within the Core or Primary Pedestrian Area and nor is it subject to

any further overlays.

8. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Adelaide (City)

Development Plan, which are contained in Appendix One.

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8.1 Quantitative Provisions

Development

Plan Guideline Proposed Guideline

Achieved Comment

Unit Size 2 bed – min 65m2 3+ bed – 80m2 plus 15m2 for every additional

bedroom over 3

2 bedroom apartments range from 124.94m2-184.30m2

3 & 4 bedroom apartments range from 208.86m2-276.61m2

YES NO PARTIAL

Building

Height

Up to 4 storeys or

14m

20.46m to the

underside of the roof with a lift overrun of 1.94m

YES

NO PARTIAL

Over height by 2

storeys and approx. 6-8m.

Plot Ratio 1.8 2.1 YES NO PARTIAL

Exceeds plot ratio by 345.7m2 floor area

Land Use Predominantly residential with some non-residential (minimal amenity impact)

Residential YES NO PARTIAL

Car Parking - 1 per apartment

up to 200m2 - 2 per apartment over 200m2

- 1 in 15 for

disability/pram access - 1 in 30 for purely disability access = 18 including 1

disability access and 1 disability/pram

access

25 including 1

disability access

YES

NO PARTIAL

Meets the car

parking requirements set out in Table Adel/7 of the

Development Plan, however provides only one disability access car park.

Bicycle

Parking

1 per apartment

with floor area less than 150m2. 2 per apartment with floor area over 150m2. 1 visitor space per 10 apartments

= 20

30 YES

NO PARTIAL

Front Setback

Prevailing setback of adjoining buildings

5-12m – East Terrace

2-5m – Wilson

Street

YES NO PARTIAL

Prevailing setbacks along East Terrace are

from 5m to 7m

and along Wilson Street from 0 to 3m setback.

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Rear and Side Setback

Habitable room

windows, balcony,

roof garden,

terrace or deck

should be setback

from the

boundaries of

adjoining

allotments by at

least 3m (for

amenity, privacy

and to not restrict

reasonable

development of

adjacent sites)

West: 15m all levels South: nil to 5m at all levels

YES NO PARTIAL

Meets the setback requirement to the west but not to the south. The building on southern boundary

already built hard-up along boundary. Discussed in assessment below.

Private Open Space

2 bed – 11m2 3+ bed – 15m2

Ranges from 39.28m2/ apartments to 143.41m2/apartment

YES NO PARTIAL

Storage 2 bed – min 10m3 3+ bed – min

12m3 (50% must be within apartment)

Over 12m3 for all apartments

YES NO

PARTIAL

It is considered that the

apartments will be suitably large enough to provide

ample storage space

Landscaped Open Space

Minimum 30% of site

Approx. 23.3% YES NO PARTIAL

Discussed in assessment below

8.2 Land Use

The City Living Zone policies generally seek a high amenity residential living

environment along with related, compatible non-residential land uses. Zone policies

particularly focus on higher density infill development in order to meet the desired

increase in the City’s resident population.

The application is for the construction of a residential apartment building containing

10 luxury apartments and associated basement car park.

From a land use perspective the application is wholly consistent with the provisions of

the Adelaide (City) Development Plan, in particular Objectives 1 and 2 of the City

Living Zone seeking a range of dwelling types and increased dwelling densities and

PDC 1 of the East Terrace Policy Area which specifically seeks the development of

residential flat buildings.

8.3 Housing Choice

Council-wide Principles of Development Control seek provision of a variety of

accommodation to meet the various social, cultural and economic needs of the

population.

The apartment offering proposed is predominantly of 2 and 3 bedrooms; two 4

bedroom penthouses are offered at the 4th and 5th level.

The spread of 2, 3 and 4 bedroom apartments is considered positive on balance and

broadly in keeping with the policy direction.

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8.4 Building Height

Zone provisions call for maximum heights of 4 storeys or 14m with the exception of

buildings on catalyst sites. Furthermore, PDC 8 of in the City Living Zone seeks that

“where development proposes a building higher than the prevailing building heights

that contribute to the desired character of a locality, the taller building elements

should be setback from street frontages to avoid a detrimental impact on the

prevailing character”.

The application is for the construction of a 6 level (ground plus 5 storeys). The

building is 20.46m tall to the underside of the roof on level 5 with a lift overrun of

1.94m, bringing the overall height to 22.4m. The upper two levels of the proposed

building are set back in the order of 7-8m.

Building heights in the locality vary between 2 to 4 storeys. Along East Terrace north

of the subject site the predominant building height is 2 storeys. Immediately south of

the subject site the built form increases to be predominantly 4 storeys in height and

contemporary in design.

The applicant has noted that while this particular site is not a catalyst site by virtue of

the size of the site (under 1500m2), a number of sites fronting East Terrace are and

this provides potential for a greater height and density within the precinct in the

future.

The Government Architect has shown support for the height of the proposed building

as it responds to the surrounding context and prominent corner location.

The building height is considered acceptable. The zone provisions contemplate

buildings higher than the prevailing building heights where the taller building

elements are set back from street frontages. The proposed stepping back of the

upper two levels minimises the impact of the building and overall sits well in the more

urban context of this section of East Terrace. Also, the applicant’s contention

regarding the presence of catalyst sites on East Terrace is considered to have

grounds. It is the case that there are catalyst sites along East Terrace in the vicinity

of the subject land and this creates real potential for variation in building heights

along East Terrace.

8.5 Design and Appearance

The East Terrace Policy Area seeks the continuation of the existing character of

buildings set on attractive, landscaped grounds and envisages substantial, high

quality landscaped open spaces in order to frame East Terrace. There is little in the

way of policy providing fine grain direction regarding design and appearance within

both the City Living Zone and the East Terrace Policy Area. This being the case,

relatively generic policy regarding the desire for high quality design and appearance

is most relevant in this context.

Landscaping is discussed in a subsequent section of this report. The proposed building

proportioning and massing is broken up both vertically and horizontally through the

use of window shutters, projecting balconies, material changes and a secondary

facade created by the sliding timber screens. The Government Architect has indicated

support for the proposal and in particular highlighted the use of the colonnade and

public seating as positive aspects of the proposals integration with the public realm.

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8.6 Floor Levels

PDC 10 in the City Living Zone seeks that the finished ground floor level of buildings

be at grade and/or level with the footpath to provide direct pedestrian access and

street-level activation.

The site falls from west to east and, as a result, the building will be 0.75m above

ground level at its eastern face. It is noted that a number of other properties to the

south of the subject site are similarly affected. The applicant has responded to this

site condition with design and landscaping responses. Furthermore, the pedestrian

access to the apartments is provided from the colonnade on East Terrace through to

the main entrance on Wilson Street, and therefore the finished ground level will not

have a significant impact on pedestrian access.

It is noted that the height may exacerbate views into the car park below; however it

is considered that this has been appropriately addressed through the use of

materiality and landscaping. The deviation from this policy is not considered to be

detrimental to the proposal.

8.7 Apartment Amenity

As identified in Section 8.1 above, the following matters are suitably addressed by the

proposal:

Apartment size

Private open space (in terms of area available to individual apartments and

minimum dimension of private open space areas)

Storage

8.7.1 Access to Light and Ventilation

Council Wide provisions broadly seek that apartments have direct access

to ventilation and natural light. All apartments are dual aspect providing

considerable access to light and ventilation. All bedrooms have direct

access to natural light and, with the exception of apartments on the

ground floor, all living areas open out onto balconies. The Government

Architect supports the layouts of the apartments and their prioritisation

of cross ventilation. This is considered acceptable.

8.7.2 Outlook

Council Wide provisions seek to ensure that the living rooms of medium

to high scale residential development have a satisfactory outlook. The

apartments are all designed to have their main living area to the east

with access to eastern facing balconies. All apartments are afforded an

outlook across the East Parklands. It is considered that provisions

regarding outlook are met.

8.7.3 Setbacks from Adjoining Allotments

As identified in Section 8.1 above, the proposal partly satisfies Council-

wide PDC 67 which seeks that habitable room windows, decks, balconies

roof gardens and terraces be setback 3m from adjoining allotments.

The departure from PDC 67 occurs at the southern boundary where the

neighbouring allotment accommodates a building with zero set-back

presenting the subject site with a blank wall.

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With the exception of the south eastern balcony of the top penthouse

level, the proposed building generally complies with this provision. It is

noted that this balcony could potentially be enclosed in the future.

This balcony also departs from Council Wide PDC 84 which seeks to

“…maximise security and safety, buildings should be designed to

minimise access between roofs, balconies and windows of adjacent

buildings”.

These departures are not considered to be detrimental to overall

development and it is recommended that any consent granted the

proposal be subject to a condition that will yield an appropriate response

to this policy.

8.8 Interface

8.8.1 Overlooking

Council-wide policy seeks broadly that overlooking to be minimised.

The proposed development enjoys uninterrupted views to the east across the

East Parklands towards the Adelaide Hills. All balconies enjoy eastern views

across the Parklands and away from the adjacent residential properties to the

west, north and south of the subject land. No concern is held with views to the

east that can be gained from the proposed building.

Views to the west are also from bedrooms and are across the 15m rear yard

space (car parking, access road and landscaping). It is noted that the

townhouse to the west is heavily vegetated providing effective screening from

views into the courtyard.

Views to the south will be screened using opaque screening to 1800mm on

levels 3, 4 and 5 to avoid overlooking of the adjacent balconies, courtyards and

windows.

As shown in Figure 4 below, To the north across Wilson Street are a row of 2

storey townhouses with garages fronting Wilson Street, beside which are

courtyards, it is noted that these townhouses also have courtyards to the north

which are screened from the proposed development. The proposal provides

only bedroom outlooks to these townhouses. This being the case it is

considered that this particular instance of overlooking is acceptable noting that

the City Living Zone contemplates buildings up to and beyond four storeys.

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Figure 4 – Properties north of the subject site

Council wide PDC 66 seeks the minimisation of overlooking of habitable rooms

and living areas of adjacent sites.

The issue of overlooking into the courtyards of the townhouses opposite Wilson

Street was raised in the representations. These courtyards have been created

within the front setback area of the properties and it is noted that each

property also has a rear courtyard to the north. Some of the representations

called for opaque glass balustrades and windows to be used to mitigate

overlooking into the properties opposite Wilson Street. This considered to be

overly onerous and not necessary for the following reasons:

While there is balcony access to the north, the configuration of the

balconies and layout of the apartments orients balcony use and views to

the east;

The road forms a greater separation than what would ordinarily be

required by the Development Plan if these townhouses were on an

adjacent site (i.e a total of 6m pursuant to Council Wide PDC 67);

The introduction of opaque glass elements to the northern elevation will

potentially sully the architectural expression;

The introduction of opaque glass elements will significantly erode the

quality of outlook gained from

Within the immediate vicinity of the subject site there are multiple

buildings that use clear glass balustrades on their balconies and which

provide vantages into neighbouring private open spaces (including the

four storey apartment building to the south of the subject site);

The courtyards, each with visually permeable entrance gates, effectively

form the front yard of the townhouses.

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The Government Architect supports the proposals approach to minimising

overlooking of neighbouring properties. It is considered that the proposal

generally meets the provisions of the Development Plan with regard to

overlooking.

8.8.2 Overshadowing

PDC 57 seeks that at least two hours of direct sunlight to at least one habitable

room and to at least 20% of private open space.

To the south of the subject site are a series of four storey apartment buildings.

Overshadowing in the mid winter months is relatively substantial from noon

onwards for these properties, however, each apartment will receive

uninterrupted sunlight until 12.00 noon each day in their primary living areas

fronting East Terrace.

The shadow diagrams provided identify that neighbouring property exceeds the

standard sought by PDC 57. This is considered to be acceptable.

8.9 Traffic Impact, Access and Parking

8.9.1 Pedestrian Access

Map Adel/1 (Overlay 2A) identifies pedestrian links. The southern section of

East Terrace is not identified as a primary pedestrian corridor.

Council Wide provisions broadly seek development that contributes to the

quality of the public realm promoting the comfort, enjoyment and security of

pedestrians.

Pedestrian access is proposed to be gained from Wilson Street with a colonnade

linking the street corner and the main entrance. As identified in the comments

from the Government Architect, this entry through the colonnade further

provides for an appropriate address on East Terrace and along with the

proposed public seating proposed to the East Terrace frontage adds to the

public realm and the creation of a comfortable pedestrian environment.

Both Adelaide City Council and the traffic engineer engaged to inform the

proposal raised concern with pedestrian sight distances for the access on

Wilson Street. Both have recommended the installation of a mirror within the

landscaped area to the east of the access point to address this. It is

recommended that any consent granted the proposal be subject to a condition

requiring the installation of a mirror to address pedestrian safety.

Pedestrian access to the site is considered acceptable.

8.9.2 Bicycle Parking

As identified in Section 8.1 above, the proposal meets the bicycle parking

requirements set out in Table Adel/6 – Bicycle Parking Provisions.

8.9.3 Vehicle Access and Parking

The proposed development gains access via an existing cross over on Wilson

Street to the rear of the proposed apartment building. A ramp to the basement

car park is located at the rear of the proposed building in the south western

corner of the site.

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This proposed arrangement is the subject of a Traffic Impact Assessment,

prepared by Phil Weaver and Associates Pty Ltd (contained in ATTACHMENT 3),

which provides that:

the bicycle and car parking provided meets the Development Plan

requirements

the proposal will not result in adverse traffic impacts on the adjacent

road network; and

the proposal meets the relevant Australian/New Zealand standards for

off street parking areas.

The Traffic Impact Assessment recommended the installation of traffic signals

to control basement ramp entry/exit movements. It is recommended that any

consent granted the proposal be subject to a condition that requires the

installation of traffic signals for the basement ramp.

The proposal includes the provision of 25 car parking spaces spanning the

basement and ground levels. The 3 spaces on the ground floor are to be

dedicated to visitor car parking for the residential apartments. As identified in

Section 8.1 above, the proposal partially meets the car parking requirements

set out in Table Adel/7- On-site Car Parking Provisions.

Table Adel/7 seeks that 1 in every 15 car parking spaces provided function as

an car parking space suitable for use by people with disabilities and other

people with small children and prams. It further seeks that 1 in every 30

spaces be reserved for the exclusive use of people with disabilities.

Pursuant to Table Adel/7, 2 accessible spaces should be provided, however only

1 of these 2 spaces has to be a specifically dedicated accessible parking space.

The proposal provides 1. Noting that the proposal provides visitors car parking

and more than the required 18 car parks where Table Adel/7 does not call for

this, and that there is no requirement to provide accessible car parks for Class

2 buildings under the Building Code, this departure is considered minor.

Adelaide City Council’s traffic engineer has recommended:

that bollards or similar be placed to ensure that a person exiting the lift

does not walk into the path of a vehicle; and

that continuous footpath treatment be used across the area of the

driveway.

The placement of bollards against the lift is not considered necessary on the

basis that the basement car park is for resident use and occupants of the

building will develop familiarity with the operation of the car park. It is

considered that a surface treatment that aids pedestrian/driver awareness is

advisable – it is recommended that an advisory note should be attached to any

consent. A continuous footpath on the hand is considered appropriate

accordingly it is recommended that any consent granted the proposal be

subject to a condition that requires continuous footpath treatment.

It is seen that car park space 14 may present some difficulty given the turning

manoeuvre required to access it. However, as this is to be dedicated to an

apartment the user of the car park is likely to gain familiarity with this turning

manoeuvre.

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8.10 Landscaping

East Terrace Policy Area PDC 5 seeks a minimum of 30% landscaped open space on

the site of any development.

The site contains a total of 23.3% of “landscaped open space”** as defined in the

Adelaide (City) Development Plan. Policy Area provisions seek for 30% landscaped

open space. While the proposed development falls short of the guideline for

landscaping, it is noted that the proposal offers extensive areas of landscaping within

the private open space areas of individual apartments in the form of planter boxes at

all levels and green wall on the northern elevation from levels 1-3. Furthermore, hard

landscaping in the form of screening of the colonnade and sculpture court is used to

create interest. While they don’t strictly meet the Development Plan definition for

“landscaped open space” it is considered that all of these elements further add to the

overall landscaping of the site.

The intention of these policies is to maintain and continue the character of the Policy

Area being large buildings set in generous landscaped grounds. It is noted that this

section of East Terrace has a much more urban character than sections further north

what with neighbouring buildings having been constructed boundary to boundary,

thereby creating an existing character quite different to that which the Policy Area

describes. Given the context of the apartment buildings to the south, the approach

adopted is considered appropriate.

**

landscaped open space: open space at ground level having a minimum horizontal dimension of one

metre which incorporates substantial landscape planting and is designed, developed, maintained and capable of being used as a garden, grassed, or paved area for pedestrian use and enjoyment, or a

swimming pool. It includes a driveway within the site of a single dwelling, but does not include a parking area or any shared area for vehicles, a service area, or any area used for storage of refuse or waste.

8.11 Environmental Factors

8.11.1 Crime Prevention

Council Wide provisions 82, 83 and 84 provide guidance in the attainment of a

crime resistant urban environment through the use of natural surveillance and

the design and location of physical features.

The proposed apartments are designed to overlook the street and public open

space allowing for casual surveillance, particularly the living areas and

balconies that are oriented to the east giving views to the parklands. Doors,

windows and building entrances and oriented towards the street. The basement

car park and service areas will be linked to motion sensor activated lighting. It

is considered that the change in use from office to residential apartments

constitutes an improvement on the current situation (by virtue of greater

surveillance potential resulting from increased hours of use of the land).

It is considered that the proposal effectively meets requirements of the

Development Plan with regard to crime prevention.

8.11.2 Waste Management

The proposal incorporates ground level waste collection points including

recycling facilities and the opportunity of bulk waste bins rather than the use of

sulo bins (240L capacity) only.

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Waste will be collected in individual apartments and transferred to the ground

level waste bins via the lift. This is considered acceptable as the waste disposal

area is just outside the lift lobby.

It is proposed that the bins would be pulled out of the refuse rooms via an

automated roller door and paved link to Wilson Street, by a collection

contractor.

The applicant has stated that a number of differing refuse collection methods

could be used on site depending on the preferred method of the contractor and

the Council.

The Zero waste Better Practice Guide: Waste Management for Residential and

Mixed Use Developments nominates the following waste resource generation

rates for a medium density residential dwelling:

Land Use Type

General Waste

Recycling Organics Metric Other

Medium Density Residential Dwelling – no garden

35 30 20 L/bedroom/wk Hard and Electronic Waste 0.77m3/household/yr

The apartment building offers a total of 30 bedrooms across the 10

apartments.

While the application has not provided the fine grain detail regarding waste

collection, it is considered that the site includes an appropriately sized disposal

area and waste capacity to deal with the amount of waste produced and that it

is recommended that any consent granted the proposal be subject to a

condition that will require the submission of a detailed waste management

plan.

8.11.3 Energy Efficiency

Council Wide PDCs 106-112 provide guidance regarding energy efficiency.

Broadly provisions seek the minimisation of energy use for heating, cooling and

lighting using a range of design techniques such as building orientation,

internal layout, cross ventilation and natural lighting.

As discussed in Section 8.7.1 above, each of the apartments is dual aspect

providing significant access to natural light and ventilation.

The proposal also includes:

Heat pump air condition systems with variable compressor output

which can bring energy use down to 25% of its total rated capacity.

Photovoltaic panel system with a rating in the order of 5-7 kWatts.

LED lighting throughout including motion sensor lights in the car park

and service areas.

Rainwater re-use via underground tank with 22000L capacity

Double glazing to all windows

The proposal aims to achieve a 6 star energy rating.

It is considered that the proposal generally meets Development Plan provisions

regarding energy efficiency.

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8.11.4 Wind Analysis

Council-wide PDC 125 provides buildings over 21 metres should mitigate wind

impact.

The proposed building does not exceed 21 metres, is set back from East

Terrace and is not on a core pedestrian route.

It is considered that wind impacts are acceptable.

8.11.5 Site Contamination

Information regarding potential site contamination does not form part of the

application. It is general practise that a preliminary site history report be

provided to shed light on whether potentially contaminating activities have

occupied the site and therefore whether there is a risk of the proposed

development creating a pathway between potential contaminants and people.

It is recommended that any consent granted the proposal be subject of a

reserved matter requiring submission of a preliminary site investigation in the

first instance and potentially implementation of practices that accord with

Environment Protection Authority.

8.12 Significant Tree

The application proposes to remove a significant tree from the subject land (see

Figure 5 below).

Figure 5 – Significant Tree

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The arborists report noted that the tree has a limited useful life expectancy due to the

heavily modified growing environment and conflict with surrounding services.

Alternative design options to accommodate the tree have been considered, however

no practicable options were identified that would reduce impacts on the growing

environment. The arborists report recommends that the tree should not prohibit

reasonable development and therefore should be removed and replaced with a

suitable species.

The subject tree is listed in Table Adel/5 – Significant Trees of the Adelaide (City)

Development Plan.

The Council Wide Section of the Development Plan seeks to protect significant trees.

PDC 301 of the Council Wide section of the Development Plan outlines scenarios that

may result in the need to remove a significant tree; namely where it is diseased,

presents an unacceptable risk to safety, is threatening to cause substantial damage

to property or in some cases is in a Bushfire Protection Area. The proposed tree

removal does not meet the requirements of this policy.

The Development Plan acknowledges that while indiscriminate and inappropriate

Significant Tree removal should generally be prevented, the conservation of

Significant Trees should occur in balance with achieving the appropriate development.

In this particular instance the tree is located in the City Living Zone, East Terrace

Policy Area. Provisions in the zone specifically seek infill development in the form of

residential flat buildings and particularly encourage the amalgamation of allotments

to achieve this outcome.

The applicant proposes to replace the existing tree with a feature tree (Zelkova

Serrata also known as a Japanese Elm). This particular species has a maximum

height of 14m and maximum spread of 10m. The natural vase shape of the tree will

allow pedestrians and vehicles good visual access to pass under its canopy and it is a

species that is hardy and adaptable to the urban environment.

On balance, and considering information provided by the arborist, the removal of the

Significant Tree is considered acceptable.

9. CONCLUSION

The proposed land use is consistent with the zone’s desire for higher density infill

development and as discussed is in keeping with the majority of relevant policy

directions. There are departures from policy regarding building height, setbacks and floor

levels, however contextual factors and design features lead to these being considered

acceptable.

According, it is considered that Development Plan Consent is warranted.

10. RECOMMENDATION

It is recommended 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 that the Development Assessment Commission is satisfied that the

proposal meets the key objectives of the City Living Zone.

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3) RESOLVE to grant Development Plan Consent to the proposal by R V Jordan Pty

Ltd for the Construction of a 6 level (ground plus 5 storeys) apartment building,

and removal of a significant tree at 217-219 East Terrace, Adelaide subject to the

following reserved matters and conditions of consent.

RESERVED MATTERS

1. Pursuant to Section 33(3) of the Development Act 1993, the following matters shall

be reserved for further assessment, to the satisfaction of the Development

Assessment Commission, prior to the granting of Development Approval:

1.1 The applicant shall provide to the satisfaction of the Development

Assessment Commission a Preliminary Site Investigation Report prior to

commencement of sub-structure works upon the site. In the event that

the Preliminary Site Investigation Report identifies that the site has

previously been put to potentially contaminating activities, the following

may be required to the satisfaction of the Development Assessment

Commission:

a remediation management plan prior to approval for any substructure

works upon the site

a remediation validation report prior to occupation of the site

PLANNING CONDITIONS

1. 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 following plans submitted in Development

Application No 020/A065/15.

Plans:

Tim Evans – Coversheet – North East Street View Perspective – June 2015

Tim Evans – Coversheet – North East Street View Perspective – June 2015

Tim Evans – Locality Plan – Drawing No. PA.01G - June 2015

Tim Evans – Proposed Site Plan – Drawing No. PA.02G – June 2015

Tim Evans – Proposed Basement Plan – Drawing No. PA.03G – June 2015

Tim Evans – Proposed Ground Floor Plan – Drawing No. PA.04G – June 2015

Tim Evans – Proposed Floor Plan Level 1-3 – Drawing No. PA.05G – June 2015

Tim Evans – Proposed Floor Plan Level 4 – Drawing No. PA.06G – June 2015

Tim Evans – Proposed Floor Plan Level 5 – Drawing No. PA.07G – June 2015

Tim Evans – Proposed East Elevation – Drawing No. PA.08G – June 2015

Tim Evans – Proposed North Elevation – Drawing No. PA.09G – June 2015

Tim Evans – Proposed West Elevation – Drawing No. PA.10G – June 2015

Tim Evans – Proposed South Elevation – Drawing No. PA.11G – June 2015

Tim Evans – Streetscape Elevations – Drawing No. PA.12G – June 2015

Tim Evans – Proposed Shadow Diagrams – Drawing No. PA.13G – June 2015

Tim Evans – Proposed Perspectives – Drawing No. PA.14G – June 2015

Reports:

Phil Weaver & Associates – 217-219 East Terrace, Traffic and Parking Assessment –

29 June 2015

Aspect Studios – 217 East Terrace – Landscape Concept Design Report – July 2015 –

Rev B (noting that this includes a replacement tree to part satisfy Regulation 6A of

the Development Regulations 2008)

Holmes Partners – Development Proposal, 217-219 East Terrace – August 2015

Arborman Tree Solutions – Arboricultural Impact Assessment, 217-219 East Terrace

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2. Traffic signals controlling vehicular entry and exit movements shall be installed at the

basement car park ramp. The traffic signals may be operated by either loop

detectors or remote control transmitters and shall conform with the requirements of

AS/NZS 2890.1:2004.

3. A convex mirror shall be installed at the point of the driveway exit to aid pedestrian

safety on Wilson Street.

4. Prior to the commencement of construction a dilapidation report (i.e. condition

survey) shall be prepared by a qualified engineer to ensure the stability and

protection of adjoining buildings, structures and Council assets. A copy of this report

shall be provided to the Development Assessment Commission.

5. A payment of $168 shall be made into the Planning and Development Fund (2

replacement trees @$84 per tree) within three (3) months from the date of

Development Approval being granted.

Note: Cheques to be made payable and marked "Not Negotiable" to the Development

Assessment Commission and payment made at 101 Grenfell Street, Adelaide or sent

to GPO Box 1815 Adelaide 5001. Payment may also be made over the phone with

Credit Card (Mastercard or Visa) by calling our Customer Service Officer on 7109

7040. All payments must be accompanied by reference to the Development

Application number and the reason for the payment.

6. A horizontal grille system be installed to the northern windows to ensure there are

no downward views the adjacent townhouses. Details of this system shall be

provided prior Development Approval being issued, to the satisfaction of the

Development Assessment Commission.

7. Details of devices that suitably prevent access from balconies on the southern

elevation of Level 5 shall be provided prior to Development Approval to the

satisfaction of the Development Assessment Commission.

8. A Waste Management Plan shall be developed and implemented that details the

proposed waste management practices to be adopted for the use and operation of

this development. The plan shall cover three phases of the development, namely:

resource recovery during demolition;

waste minimisation and resource recovery during construction; and

resource recovery during occupation or use of the Development including

proposed methods of recycling of all recyclable materials.

A copy of this plan shall be provided to the Adelaide City Council and the

Development Assessment Commission prior to the commencement of superstructure

works.

9. A Construction Environment Management Plan (CEMP) shall be prepared and

implemented in accordance with current industry standards – including the EPA

publications “Handbook for Pollution Avoidance on Commercial and Residential

Building Sites – Second Edition” and “Environmental Management of On-site

Remediation” – to minimise environmental harm and disturbance during

construction.

The management plan must incorporate, without being limited to, the following

matters:

air quality, including odour and dust

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surface water including erosion and sediment control

soils, including fill importation, stockpile management and prevention of

soil contamination

groundwater, including prevention of groundwater contamination

noise

For further information relating to what Site Contamination is, refer to the EPA

Guideline: 'Site Contamination – what is site contamination?'.

ADVISORY NOTES

a. The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended by the Development

Assessment Commission.

b. The development must be substantially commenced within 12 months of the date of this

Notification, unless this period has been extended by the Development Assessment Commission.

c. The authorisation will lapse if not commenced within 12 months of the date of this

Notification.

d. The applicant is also advised that any act or work authorised or required by this Notification

must be completed within 3 years of the date of the Notification unless this period is extended by the Commission.

e. The applicant has a right of appeal against the conditions which have been imposed on this

Development Plan Consent or Development Approval.

f. 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.

g. 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 0289). h. The applicant is advised that any shade structures encroaching onto the Wilson Street footpath

must be a height of 5m from the underside of the encroachment roadway so as to ensure

protection from damage by tall vehicles.

i. The applicant is advised that a surface treatment be installed to the driveway directly in-front of the lift entry in the basement car park would aid in pedestrian/driver awareness.

j. The applicant is advised that any changes to on-street parking will need to be discussed with

Council.

k. The applicant is advised that any damage to ACC’s infrastructure during development

will be the responsibility of the developer to rectify to a standard equal to or better

than pre-development condition.

l. The applicant is advised that the Wilson Street footpath and crossover (driveway) will need to

be designed and constructed to Council standards including approved materials at the cost of the development.

m. It is recommended that the applicant liaise with Council regarding all works within the public

realm including lighting, temporary hoarding, streetscape works, tree pruning. Any urban elements or assets or existing assets effected (requiring relocation, removal or temporary

storage) by this development requires the approval of the Asset Manager Urban Elements prior to any works commencing. Council will provide an invoice for any such works and it must be paid prior to any works commencing. Note the assets are the property of Council and only Council or its representatives can carry out the work.

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Elysse Kuhar

Planning Officer

DEVELOPMENT DIVISION

DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE