COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 4 … · 2014. 2. 25. · provided accommodation for...

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING4 March 2014

AGENDABUSINESS ITEM 8.1

Applicant: G Savva & E C Savva Landowner: G Savva & E C Savva

Agent: Emma Barnes (Planning Studio) Ward: MT LOFTYDevelopment Application: 2013/320/473 Originating Officer: Tom Victory

Application Description: Change of use & conversion of a habitable outbuilding (formerconvent dormitory) to residential flat building comprising four dwellings with a limit of atotal of eight occupants residing in the entire building at any one time (non-complying)

Subject Land: Lot:26 FP:157872CT:5617/422

General Location: 17 Arkaba Road, AldgateSA 5154

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24 Jan2013Maps AdHi/29 and 73

Zone/Policy Area: Public PurposeZone/Public Lands Policy Area

Form of Development:Non-complying

Site Area: 4.14 hectares

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 22Nov 2013

Representations Received: 17

Representations to be Heard: 13

1. EXECUTIVE SUMMARYThe purpose of this application is for a change of use and conversion of a former conventdormitory to a residential flat building comprising four dwellings (non-complying).

The subject land is located within the Public Purpose Zone/Public Lands Policy Area andis a non-complying form of development by default in this Zone, as all kinds ofdevelopment are non-complying in the Public Lands Policy Area, except wherespecifically exempted.

. Sixteen (16) representations in opposition and 1 representation in support of the proposalwere received during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development. At the meeting held 6 August 2013 this application waspresented to the Panel to determine whether or not to proceed to an assessment of thenon-complying application pursuant to Regulation 17 (3) (b). The CDAP resolved toproceed to an assessment.

The main issues relating to the proposal are the appropriateness of the use in the PublicLands Policy Area of the Public Purpose Zone, traffic movements, compatibility withsurrounding land uses, density/scale of the proposal, appropriateness of the site for ahigher density residential use, car parking provision/location and bushfire risk.

Council Development Assessment Panel Meeting – 4 March 2014G and E Savva13/320/473

Following an assessment against the relevant zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent.

2. DESCRIPTION OF THE PROPOSALThe proposal is for a change of use and conversion of habitable outbuilding (formerconvent dormitory) to residential flat building comprising four dwellings (non-complying).

The building, built in 1973, is currently vacant and was previously used as dormitoryaccommodation in association with the main building/house on the allotment which wasformerly used as a convent for the Sisters of St Joseph of the Sacred Heart. The buildinghas also been used by the Catholic Church as a retreat complex and infrequentlyprovided accommodation for conventions and conferences.

The proposal involves largely internal conversions to the building to change it from a 24room dormitory (which currently have shared, communal facilities) into four, selfcontained dwellings. In particular:

Three dwellings will contain 3 bedrooms, one dwelling will contain two bedrooms.

Each dwelling will contain a laundry, bathroom, toilet, kitchen, TV room and mealsarea. One dwelling will also contain a study.

Three dwellings will have dual entrance doors (from outside as well as via theinternal foyer) and one dwelling will have entrance only from the internal foyer.

The upper level can be accessed via a walkway from the adjoining ground level aswell as via internal and external stairs.

The lower level can be accessed via entrances at ground level and via internalstairs from upper level.

Eight, uncovered car parking spaces are proposed on the existing concretedriveway/parking space to the north-east of the dormitory building.

Following the public consultation process, in response to negotiations with Counciland to respond to public submissions, the applicant resolved to limit the number ofresidents in the entire building to a maximum of 8 persons at any one time, whichwould most likely result in a maximum of two residents in each dwelling.

The proposed plans are included in Attachment 2.

3. HISTORYAugust 6, 2013 This application was presented to the Panel to determine

whether or not to proceed to an assessment of the non-complying application pursuant to Regulation 17 (3) (b).

February 5, 2013 An application (473/586/12) was considered to convert thesubject building to student accommodation (for 24 rooms)and was refused, the reasons being:


It is not in accordance with Objectives 1 and 2 andPrinciple of Development Control 1 of the Public LandsPolicy Area and Public Purpose Zone, in that:• The proposal is not considered to be of a social benefit

to the community.• The proposal is at a density that it is not in accordance

with the scale of surrounding areas, being a very lowdensity country living area.

• The proposal is not an education facility, communitycentre, recreation reserve, conservation park, touristfacility, research facility or facility for the aged asenvisaged by the Zone.

October 30, 2007 The Development Assessment Commission refused a landdivision (1 allotment into 8) by the Congregation of theSisters of St Joseph of the Sacred Heart

April 6, 2004 Council approved removal of significant tree

February 2, 2003 Council approved removal of significant tree

November 22, 2002 Council approved removal of 4 significant trees

No records predating the above.

4. REFERRAL RESPONSES

CFSThe CFS has no objection to the proposal. It considers the existing access andwater supply at the property is satisfactory and has recommended standardconditions restricting vegetation in close proximity to the building (referrecommended conditions).

A copy of the referral response is included as Attachment 3.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. Seventeen (17) representations were received during the publicnotification period (some jointly as couples). Of these, sixteen (16) representations areopposing the proposal, and one (1) is in support of the proposal. All were from adjacentand nearby properties.


The following individual persons indicated that they may wish to be heard:

Name ofRepresentor

Representor’s PropertyAddress

Nominated Speaker

S Neumann 28 Arkaba Road, Aldgate Personally or by agentG Anderson 20 Arkaba Road, Aldgate Personally or by agentP Rochman 20 Arkaba Road, Aldgate Personally or by agentD Hedley 35 Arkaba Road, Aldgate Personally or by agentC Handstock 24 Arkaba Road, Aldgate Personally or by agentP HandstockW Wallis 32 Arkaba Road, Aldgate Personally or by agentJ Wallis 32 Arkaba Road, Aldgate Personally or by agentJ Sorokin 18 Arkaba Road, Aldgate Personally or by agentM SorokinP Trewartha 1 Wilpena Terrace, Aldgate Personally or by agentP Trewartha 1 Wilpena Terrace, Aldgate Personally or by agentP Kernick 17 Coromandel Road, Aldgate PersonallyJ Harvey 12 Arkaba Road, Aldgate Personally or by agentK Trowbridge(supports)

44 Wycombe Road, Aldgate Personally or by agent

P Jackson 4 Sharon Court, Aldgate Personally or by agent

The applicants George and Esme Savva and their representative Ms Emma Barnes willbe in attendance.

The issues contained in the representations can be summarised as follows:

the proposed use is not in accordance with Public Purpose Zone and PublicLands Policy Area and is a non-complying form of development that should notbe approved

the land use proposed is not suitable for this particular locality given the allotmentis surrounded by Country Living Zone and Watershed (Primary Production) Zone

the land use proposed is not suitable for this particular locality given the allotmentis surrounded by mainly very low density country living uses

similarity of proposal to previous student accommodation proposal

uncertainty of various aspects of proposal- incomplete documentation

uncertainty of the demographic/nationality of future tenants

impact on local services and infrastructure

loss of privacy and residential amenity for existing surrounding residents

potential impacts arising such as noise, light-spill and increased trafficmovements

additional traffic


unsafe pedestrian access/footpaths to Aldgate centre

impact on property values

insufficient details on car parking provision and location

the building should be demolished

querying economic viability of proposal

other matters regarding activities on the property and civil matters betweenlandowner and adjacent neighbours

likelihood of proposal meeting Building Rules requirements

impacts on flora and fauna

These issues are discussed in detail in the following sections of the report.

Following the public consultation process, in response to negotiations with Council andalso public submissions received, the applicant resolved to limit the number of residentsin the entire building to a maximum of eight persons at any one time and has requestedthat Council condition any Consent as such. This would most likely result in a maximumof two residents in each dwelling. The applicants stated that this reflects the desiredproposed tenancy arrangements which are likely to be limited to older persons orcouples.

Further, the applicants’ detailed response to public consultation matters can more brieflybe summarised as follows:

Zoning

The subject land has been spot zoned. The land has never truly been available tothe 'public' generally. The private operation of the site by the Catholic Church initself offends the intent of the Public Purpose Zone in that it does not strictly providefor the uses sought by the Zone that are available to the public. It is thereforequestioned whether the zoning has ever been appropriate.

Planning policy has not responded to the change of use to residential sincepurchase by the owners, despite the change occurring some five years ago.

It is important to note that Council has flagged the land for future re-zoning toCountry Living, consistent with the majority of land surrounding the site.

The proposal seeks to provide a low density, low maintenance housing choice forolder members of the community.

Occupying an existing building, with a residential history, in a locality that isdominated by residential land uses is entirely appropriate.


Whilst a private development, the proposal has significant social benefit in theprovision of an alternate housing type that will facilitate ageing in place for localresidents.

There is no undue visual impact resulting from the proposed conversion of thedormitory Building.

The proposal therefore is able to satisfy the general intent of the Public PurposeZone.

Density

This proposal is not the same as the previous student accommodationapplication. Density will be much less.

Application must be assessed as it is proposed. It is acknowledged that three ofthe four dwellings are provided with three bedrooms. This has arisen out ofavailable floor area rather than any intent to allow for 'extra' occupants.

In this regard, an increase in the population of Aldgate by a mere eight people isinsignificant and will not dramatically change the makeup of the suburb, nor thenature of Arkaba Road and surrounding suburbs.

Car parking and traffic

It should also be noted that there is no requirement within the Development Planto provide for 'covered' carparking in association with residential development.

A plan has now been produced detailing location of eight proposed uncoveredparking spaces. There is no requirement to re-notify the proposal in this regard asit may be sufficiently dealt with by provision of an additional plan and associatedcommentary.

In this regard, the bulk of residential dwellings are provided with one or twospaces per dwelling. This can often include parking space available on thedriveway servicing the dwelling.

The driveway between the dormitory building and the main building can easilyaccommodate parking adequate for the proposed dwellings, whilst providing atgrade access to the dormitory building. The existing driveway provides suitableaccess and egress.

Should the need arise in future, there is more than sufficient land available on theland for parking structures or more uncovered spaces.

The location and condition of footpaths is a matter for Council's action. Upgradeand extension would be encouraged.


The increase in traffic from the development (based on the accepted average ofvehicle movements from residential properties being 10 vehicle movements perday) could be in the order of 40 movements, this is not a significant increase on amajor local road and should not affect nearby intersections to any noticeabledegree.

Removal of Vegetation

The proposal does not include the removal of any trees that would requireDevelopment Approval under the Development Regulations 2008. Around 20exotic trees will be required to be removed to meet CFS conditions. These arenot protected by any legislation and there will be substantial number of remainingtrees along eastern boundary to screen the site.

Impact on surrounding Country Living Zone

No visual impact given the building is existing. Any increase in traffic and noisewill be negligible given the intended occupants and use of the existing drivewayand gateway for access/egress, and there will be no dust or fumes resulting fromthe proposal.

The four apartments will in high likelihood be for persons aged over 55 and/orretirees and it is highly unlikely that such residents would engage in anyundesirable behaviours on the site.

Impact on local infrastructure

Any road related condition and or infrastructure such as lighting, is a matter forCouncil/DPTI and not the proponent.

The property is connected to mains sewer and water supply and will not result inany negative impact on the local infrastructure in this regard.

Ecology

It is highly unlikely that the addition of eight people within an existing building willhave any impact on the habitats currently enjoyed by the koalas or other localfauna.

Other Issues - Previous use of dormitory building

A submission states that previous use of the dormitory building by the Sisters ofSt Joseph is inaccurate and an irrelevant consideration to the current proposal.There is no official source or record to substantiate these claims.

It is clear from the existing floor plan, be it for long term accommodation orresidential retreats, that the building was occupied for residential purposeshistorically.


Other Issues

The landowner has previously offered to enter into a Land ManagementAgreement with Council regarding the age of the future occupants of the fourdwellings. Council does not however consider it legally appropriate, to prescribethe age of occupants.

Any discussion on the viability of the proposal is a matter for the landowner andnot a relevant planning consideration.

Rail lines, topography and the ownership of domestic animals are not relevantconsiderations for the current proposal.

Bushfire matters have been addressed via CFS referral and conditions.

A mandatory referral to the Environmental Protection Authority is not requiredunder the Development Regulations 2008.

It is not necessary or appropriate to undertake a detailed assessment todetermine if the proposal is 'likely to receive Building Rules Consent' prior toplanning consent being issued.

Copies of public representations can be viewed in Attachment 4. The applicant’s response torepresentations can be viewed in Attachment 5.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:

i. The Site’s Physical Characteristics

The subject site is an irregular shaped allotment of around 4 hectares. It is byfar the largest allotment in the immediate locality. It has a frontage to ArkabaRoad of around 250m and a secondary frontage to Coromandel Road ofaround 230m. Access to the allotment is via Arkaba Road in the north-easterncorner of the allotment.

There is a fall in the land from the north-east to the south-west of about 25m.

There are a number of significant and grand buildings located on the land(mainly linked via an internal roadway), particularly the main house which is alarge local heritage listed building. This building was originally the summerresidence of the Hawker family and was built circa 1900. A number of otherlarge outbuildings exist on the land including a hall and the former dormitorysubject to this application.

Most of the buildings on the land are clustered in the north-east, and theremaining land is heavily vegetated with mature exotic trees (particularly alongthe frontage to Arkaba Road) as well as there being lawns a tennis court andother recreational areas.


The former dormitory has no heritage listing and is not considered to add tothe heritage value of the main house. It is a two storey red brick building withtiled roof set well below the level of the main house and its curtilage. Due tothe drop in the land the building is accessed via a bridge into the first floor, aswell as another entrance on the ground floor. Internal and external staircasesallow movement from first floor to ground level. It appears to be a solidly builtstructure with internal brickwork partitioning, but has remained dormant forsome time and been mainly used for storage.

The allotment is spot zoned as Public Purpose Zone.

ii. The Surrounding Area

Land adjoining the allotment to the west is zoned Watershed (PrimaryProduction) and to the north, east and south is the Country Living Zone.Across the eastern side of Arkaba Road are established low density residentialuses on allotments of around 2000-3000m2, with the dwellings being closelysited towards Arkaba Road due to the fall of the land down from the road.Allotments across Coromandel Road to the north, and the adjoining allotmentsto the west and south, all contain established low density residential uses onallotments ranging from around 1800m2 to 13,000m2.

The locality is highly vegetated with native and non-native species and isconsidered to have a high level of amenity as a relatively peaceful, quietcountry living setting.

iii. Development Plan Policy considerationsa) Public Lands Policy Area Provisions

The subject land lies within the Public Lands Policy Area and these provisionsseek:

A Policy Area primarily accommodating public or private development thatis of a social benefit to the community and sensitive to the naturalenvironment.

Development at a scale compatible with existing buildings andsurrounding areas.

Primarily public or private development that is of social benefit to thecommunity and sensitive to the natural environment. Education facilities,community centres, recreation reserves, conservation park, touristfacilities, research facilities and facilities for the aged maybe appropriate incertain parts of the zone.

The following are considered to be the relevant Policy Area provisions:

Objectives: 1, 2, 3PDCs: 1, 2

Refer to Attachment 6 for provisions.


A strict, literal interpretation of the Public Lands Policy Area, could lead one tothe conclusion that the proposal is not in accordance with the Policy Area as itdoes not accord with PDC 1, in so far that the proposal is not for an educationfacility, community centre, recreation reserve, conservation park, tourist facility,research facility nor aged facility.Both Objective 1 and PDC 1 seek public or private development. The applicationobviously accords with this part of the policies as it is for a private development.The above policies go on to state that developments should be primarily of asocial benefit to the community. In relation to this, it is acknowledged that suchbenefit would be marginal as the proposal is essentially a private venture thathas no public purpose (such as a community facility). It is however consideredthat the proposal will result in an increase in housing diversity. It should enablean option for those seeking an alternative choice of accommodation to that ofdetached dwellings on relatively large allotments, which is the predominant formof housing due to the majority of the Council being made up of the Watershedarea, Hills Face Zone and Country Living Zones. This could prove sociallybeneficial for those seeking a more affordable, compact type of housing forvarious lifestyle/personal reasons. Therefore the proposal is considered toaccord with Objective 1 and PDC 1 in regards to social benefit.Ultimately, the proposal should not frustrate the achievement of the Public LandsPolicy Area Objective 1 and PDC 1 as it is clear, given the current use of theproperty for private residential purposes, that the site will not be used for thepurposes which are sought (at least not in the short term while it is a residentialproperty).The limited scale of the proposal (for maximum eight persons) should mean thatany impacts (such as traffic movements or noise) on the surrounding localityshould be negligible and therefore the proposal accords with Objective 2.In relation to PDC 2 it is noted that no native vegetation is required to beremoved for the proposal. Twenty exotic trees will be required to be removed forCFS bushfire clearance conditions. There is no evidence that the trees providenative fauna habitats of significance and the majority of vegetation along theeastern boundary will remain intact. The trees include what appear to be largePinus radiata trees and other small non-native trees.

b) Public Purpose Zone Provisions

The subject land lies within the Public Purpose Zone. The Public PurposeZone mainly repeats the key objectives and principles of the Public LandsPolicy Area. As such refer above for comments in relation to Objectives 1, 2and 3 and PDC 1 and 7. The Zone has some additional policies relating toappropriate car parking provision and that such car parking areas be screenedby landscaping. It further seeks that pedestrian pathways should provide safeand convenient access to parking areas and surrounding areas.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2, 3,PDCs: 1, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 25

Refer to Attachment 7 for provisions.The existing building is setback around 30m from the road. Although twentyexotic trees are to be removed for CFS conditions, it is noted that the vast


majority of trees along the eastern boundary are to be retained. The sitetherefore should remain reasonably well screened from Arkaba Road and thenatural landscape character should not alter to any significant degree. Nonative vegetation is to be impacted. The application therefore is considered toaccord with Objective 3 and PDCs 8, 9, 10 , 12, 13 and 14.

The proposed parking area has a well - defined pedestrian pathway into thebuilding via small bridge and existing hard stand area. A scaled plan has beenproduced showing eight car parks that will accord with Australian Standards.As only eight persons will be able to be reside in the building at any one time,this parking provision is considered to be more than adequate. The site hasaccess to an adjacent Council footpath which runs down to Aldgate Centre.Although the pathway does not provide complete pedestrian/cycling access tothe Aldgate centre, it is reasonably sufficient to be used for any residents andis superior to many residential roads throughout the Council area (which quiteoften have no footpaths to speak of at all). Ultimately the footpath is not withinthe site of the development and is of limited relevance to the proposal. Theapplication is therefore considered to adequately accord with Objective 4 andPDCs 16, 17, 18, and 19.

c) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):

Orderly and economic development land uses being located on land suitable for that particular use protection of residential amenity segregation of incompatible land uses safe and convenient vehicle movements visual amenity through landscaping and other means economic use of public infrastructure increased housing diversity bushfire protection

The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 4, 19, 20, 21, 22, 27, 28, 69, 76, 87, 90 106, 107PDCs: 2, 3, 9, 13, 15, 16, 20, 43, 44, 46, 47, 49, 54, 58, 59, 60, 67-69,71, 72, 75, 78, 79, 80, 83, 84, 85, 86, 201, 203, 204, 212, 213, 214, 228, 230,231,239, 240, 243, 288, 289, 292, 293, 299, 300, 305, 306

Refer to Attachment 7 for provisions.


Orderly and Economic Development/Infrastructure

Objectives: 1, 22, 27, 28PDCs: 2, 3, 9, 16, 67, 68, 69,

The proposed development is to be located within an existing building whichhas connections to SA Water sewerage and water services, electricity, existingappropriate road access, parking provision, has access to telecommunicationsservices and is close to shops and other soft infrastructure/services. Theproposal represents infill development amongst existing residences whichdoes not result in loss of rural land or other planning issues of significance.The proposal is therefore considered to be orderly and economic.

Residential Development

Objectives: 27, 28PDC’s: 71, 72, 79, 83, 85, 86, 88,

It is considered that the proposal will result in an increase in housing diversity tomeet the needs of the community which is specifically sought by Objective 27and PDC 71. The proposed dwellings would be a rare opportunity for thoseseeking an alternative choice of accommodation to that of detached dwellings onrelatively large allotments, (being the predominant housing type throughout theCouncil area due to the area being mainly made up of the Watershed Zone, HillsFace Zone and Country Living Zones.It cannot be said with any certainty that the proposed dwellings will result in acontainment of housing costs as sought by Objective 28. It is howeverreasonable to assume that the modest floor plans of each dwelling combinedwith the age and general features of the building, that each dwelling should beavailable at affordable tenure rates, compared with other low density, detacheddwellings throughout Aldgate and surrounds.The dwellings are considered low scale and should not result in conditionsexceed the capacity of existing infrastructure in the locality, nor adversely impacton surrounding country living uses.

Character/Amenity/Landscaping/Conservation

Objectives: 4, 69, 76, 77, 87, 90,PDCs: 13, 15, 16, 78, 201, 203, 204, 212, 213, 214, 228, 230, 231, 239,240, 243,

Although twenty trees are required to be removed for CFS bushfire clearancepurposes, the site should remain to be well screened by existing vegetation(which is proposed to be retained).

No external additions and alterations are proposed to the building and noadditional car parking or other structures are proposed.


The proposal is considered to be relatively small scale in that it will only resultin a maximum capacity of eight residents at any one time. This shouldtherefore not result in any substantial increase in traffic movements, noise orother planning impacts which could adversely impact neighbours in the locality.

Traffic/Access/Car parking

Objectives: 19, 20, 21PDCs: 43, 44, 46, 47, 49, 50, 54, 58, 60, 91,

It is proposed to use the main existing access point and concrete driveway intothe site for the new dwellings. This driveway widens out as it nears the subjectbuilding, into a wide area suitable for car parking. Eight parks are to beprovided which is considered to be more than adequate for the dwellings whichare limited to a maximum of eight persons. The parks are of appropriatewidths, lengths and have sufficient manoeuvring area to meet AustralianStandards.

Additional vehicle movements have been estimated to be around 40 per day.This is not considered to be significant when spread out over a 24 hour periodand should not be noticeable in the context of the locality.

Heritage

PDCs: 288 and 289

The subject building is not heritage listed and it does not form part of the localheritage listing of the main building (former St Joseph’s Convent), nor does thegardens/trees on the property. Further, the proposal is to create four dwellingsinside the building without any changes to the external appearance andtherefore this will have no heritage impacts on the adjacent, heritage listedbuilding. The proposed car parking is to be immediately west of the adjacentthe heritage listed building however it is noted that this area is already used forsome car parking in association with the existing residential use. No builtstructures are proposed and therefore there is not considered to be anyimpacts on the heritage values of the former St Joseph’s Convent.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landNo external building works are proposed and no additional hard stand areasare proposed, therefore these issues are not considered relevant.

Water Supply & Effluent Disposal

The site is connected to SA Water sewer and water supply therefore thesematters are addressed.

Solid Waste DisposalThe site is subject to Council solid waste collection services.


Fire Protection issues/Vegetation

Objectives: 106, 107PDCs: 300, 305, 306

The site has been rated by the CFS as Bushfire Attack Level 19.The CFScomments directed conditions requiring removal of trees within 15m of eitherside of the building. A plan was then produced by the applicant to display thenumber of trees to be removed (twenty) to accord with these conditions. Thisplan displays that even though around 18 trees will be removed on the easternside of the building, no trees will be required to be removed within around 8mof the eastern boundary. This will therefore mean that trees along the easternboundary can (and are proposed to) be retained for screening purposes.

It is noted that all the trees appear to be non-native species (such as Pinusradiata) and that regulated tree legislation does not apply in the PublicPurpose Zone.

The allotment contains a range of tracks and looping roadways of all-weathersurface appropriate for CFS appliance movements. The proposed car parkingarea will not impact on CFS vehicle movements through the site.

Environmental/Public Health issuesThe proposal should not create any noticeable adverse impacts such asodours, dust, noise or other environmental impacts. Only internal buildingworks are proposed.

Other Matters

There were some amendments made to the application following the publicnotification period. These were:

The applicant confirmed in writing that no more than 8 permanentoccupants will be allowed to reside in the entire building at any one time.

A plan was provided to Council to show the location of eight proposed carparks (on the existing concrete driveway area). This plan also illustratedthe location and type of existing vegetation around the subject site andhighlighted the extent of tree removals to accord with CFS conditions

Deletion of a notation on the floor plan which referred to proposedcarports adjacent the building (as the applicant no longer sought toprovide any carport structures as part of the proposal).

The above amendments were not considered to be substantial. It is furthernoted that the amendments were undertaken to address or provide furtherclarification on the matters contained in the public representations and/or torespond to matters raised by Council and the CFS. As such in accordance withthe Development Act, formal re-notification of the proposal was not warranted,as per Regulation 20 (4) of the Development Regulations, 2008 which states:

(4) If an application is varied following referral under Part 5 or giving of noticeunder Part 6, the relevant authority may, if it is of the opinion that thevariations are not substantial, consider the application without the need torepeat an action otherwise required under Part 5 or Part 6.


Notwithstanding the above, details of these amendments are to be provided toall the representors prior the panel meeting to ensure that they are informed ofthe amendments and can therefore be heard by the panel in this knowledge.

7. SUMMARY & CONCLUSIONThis proposal is considered to be finely balanced. A strict, literal interpretation of thePublic Purpose Zone and Public Lands Policy Area, could lead to the conclusion that theproposal does not accord with the Zone/Policy Area, in so far that the proposal is not foran education facility, community centre, recreation reserve, conservation park, touristfacility, research facility nor aged facility.In terms of whether the proposal will have a social benefit to the community (anotherdesired objective of the Zone/Policy Area) it is acknowledged that any such benefit wouldbe marginal, however it is considered that the proposal will result in an increase inhousing diversity to assist in meeting the needs of the community which is specificallysupported by a number of Development Plan provisions. The proposed dwellings couldprovide an opportunity for those seeking an alternative choice of accommodation to thatof detached dwellings on relatively large allotments, (being the predominant housing typethroughout the Council area due to the area being mainly made up of the WatershedZone, Hills Face Zone and Country Living Zones).The proposal could prove socially beneficial for those seeking a more compact,alternative type of housing for lifestyle/personal reasons. This is considered to have socialbenefit.If this application were proposing a new residential building of this form, it would be veryunlikely to be approved by Council given the zoning of the land. In this case however, it isconsidered reasonable to apply significant weight to the fact that the proposal is for theconversion of an existing, underutilised building which has all relevant connections toinfrastructure and services required for residential purposes. It is also noted that since itsconstruction in the early 70’s it is apparent that it has previously been subject toresidential or accommodation uses which may be similar (or potentially more impacting)to that which is being proposed.Ultimately, the proposal should not frustrate the achievement of the Public PurposeZone/Public Lands Policy Area Objectives as it is clear, given the current use of theproperty as a private residence, that the site will not be used for the purposes which aresought (such as educational, community facilities and the like). Further, the applicationwas amended during the process to reduce the potential impacts (by limiting themaximum occupants to eight persons). Due to the limited scale of the proposal thisshould mean that any impacts on the surrounding locality should be negligible.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2013/320/473 by G Savva & E C Savva for Change of use &conversion of habitable outbuilding (former convent dormitory) to residential flatbuilding comprising four dwellings with a limit of a total of eight occupantsresiding in the entire building at any one time (non-complying) at 17 ArkabaRoad, Aldgate SA 5154 subject to the following conditions:

(1) Development In Accordance With the PlansThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:- Amended floor plan date stamped as received by Council 17 Jan 2014- Statement of Effect by Planning Studio Urban and Regional Planningdated 29 October 2013- Correspondence dated 17 Jan 2014 from Ms Emma Barnes PlanningStudio Urban and Regional Planning limiting occupation of building toeight permanent occupants at any one time- Car park layout and vegetation plan by Cut & Paste Studio datestamped as received by Council 11 February 2014.

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) Maximum Occupancy of BuildingNo more than eight occupants shall reside in the entire building at anyone time.

REASON: To ensure the proposed development is undertaken inaccordance with the approved documentation and potential impactssuch as traffic and noise are minimised.

(3) Residential LightingAll external lighting shall be directed away from residential developmentand, shielded if necessary to prevent light spill causing nuisance to theoccupiers of those residential properties.

REASON: Lighting shall not detrimentally affect the residential amenityof the locality.

(4) CFS Conditions to be Completed Prior to OccupationThe Country Fire Service Bushfire Protection Conditions 4 to 7 shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.

REASON: To minimise the threat and impact of bushfires on life andproperty.


(5) CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which willprevent or inhibit the spread of bushfire and minimise the risk of lifeand/or damage to buildings and property, as follows:• Trees and shrubs shall not be planted closer to the building(s) or

powerlines than the distance equivalent to their mature height.• All trees within 15 metres of the building(s) on the east and west

sides shall be removed• Grasses within 20 metres of the building or to the property

boundaries, whichever comes first, shall be reduced to a maximumheight of 10cm during the Fire Danger Season.

• Maintain existing garden to be free of accumulated dead vegetation.

REASON: To minimise the threat and impact of bushfires on life andproperty

(6) CFS Existing AccessPrivate roads and access tracks shall provide safe and convenientaccess for bushfire fighting vehicles.• The existing access is satisfactory.

REASON: To provide safe access to properties in the event of abushfire.

(7) CFS Water SupplyA supply of water shall be available at all times for fire-fighting purposes.- The existing water supply for bushfire fighting is satisfactory.

REASON: To ensure an appropriate water supply is available in theevent of a bushfire.

(8) Car Parking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be maintainedin good condition at all times to the reasonable satisfaction of theCouncil

REASON: To provide adequate, safe and efficient off-street parking forusers of the development.


(9) Carparking Directional SignageDirectional signs indicating the location of car parking spaces shall beprovided on the subject land and maintained in a clear and legiblecondition at all times.

REASON: To identify the location of off-street parking and ensure thefree flow of traffic.

(10) Retention of Vegetation for ScreeningApart from tree removals to address Country Fire Service Requirements,all trees and other vegetation to the east of the building and proposedparking area shall be retained so as to assist in minimising the visualimpacts of the building/parking area when viewed from Arkaba Road.The trees and shrubs shall be retained and maintained in good healthand conditions at all times with any dead or diseased plants beingreplaced as necessary in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality inwhich the subject land is situated.

NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) Management of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.


(4) Department of Environment, Water & Natural Resources (DEWNR) –Native Vegetation Council NoteThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subjectto an exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act oractivity that causes the killing or destruction of native vegetation, thesevering of branches or any other substantial damage to nativevegetation. For further information visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777. Thismust be sought prior to Full Development Approval being granted byCouncil.

(5) Compliance with the fire protection requirements is not a guarantee thedwelling will not burn, but its intent is to provide a “refuge” from theapproach, impact and passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 19.

The buildings shall incorporate the construction requirements forbuildings in Bushfire Prone areas in accordance with the Building Codeof Australia Standard AS3959 “Construction of buildings in bushfireprone areas”.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. Representations5. Applicant’s response to representations6. Relevant Development Plan Policy Area provisions7. Relevant Development Plan Zone provisions8. Relevant Development Plan Council Wide provisions

Respectfully submitted Concurrence

___________________________ _______________________________

Tom Victory Vanessa NixonSenior Statutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN/REPRESENTORS PLAN

REPRESENTORS’ PLAN (legend on next page)

REPRESENTORS’ LEGEND

# Name of Representor Representor’s PropertyAddress

1 P S Kernick 17 Coromandel Road,Aldgate

2 P A Trewartha 1 Wilpena Terrace,Aldgate

3 P J Trewartha 1 Wilpena Terrace,Aldgate

4 P Jackson 4 Sharon Court, Aldgate5 J Sorokin 18 Arkaba Road, Aldgate6 M Sorokin 18 Arkaba Road, Aldgate7 J P Wallis 32 Arkaba Road, Aldgate8 W R Wallis 32 Arkaba Road, Aldgate9 C P Handstock 24 Arkaba Road, Aldgate10 D O Hedley 35 Arkaba Road, Aldgate11 P K Handstock 24 Arkaba Road, Aldgate12 P Rochman 20 Arkaba Road, Aldgate13 G I Anderson 20 Arkaba Road, Aldgate14 S L Neumann 28 Arkaba Road, Aldgate15 J Harvey 12 Arkaba Road, Aldgate16 K Trowbridge (supports) 44 Wycombe Road,

Aldgate (not shown onmap)

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5

RESPONSE TO REPRESENTATIONS

ATTACHMENT 6

RELEVANT POLICY AREA PROVISIONS

Public Lands Policy Area

Objective 1: A Policy Area primarily accommodating public or private development that is of asocial benefit to the community and sensitive to the natural environment.

Objective 2: Development at a scale compatible with existing buildings and surrounding areas.

Objective 3: Development of a high architectural standard, designed and landscaped toenhance the heritage value and amenity of the locality.

Objective 4: Provision of cycle, walking and horse riding paths within an integrated system ofopen spaces linking adjoining areas.

1 Development undertaken in the Public Lands Policy Area should be primarily public or privatedevelopment that is of social benefit to the community and sensitive to the natural environment.

Education facilities, community centres, recreation reserves, conservation park, tourist facilities,research facilities and facilities for the aged maybe appropriate in certain parts of the zone.

PDC 2 Development should ensure the preservation of native vegetation and native faunahabitats.

ATTACHMENT 7

RELEVANT ZONE PROVISIONS

Public Purpose Zone

OBJECTIVES

Objective 1: A Zone primarily accommodating public or private development which is of asocial benefit to the community and sensitive to the natural environment.

Objective 2: Development at a scale compatible with existing buildings and surrounding areas.

Objective 3: Development of a high architectural standard, designed and landscaped toenhance the amenity of the locality.

Objective 4: Provision of cycle, walking and horse riding paths within an integrated system ofopen spaces linking adjoining areas.

PDC 1 Development undertaken should be primarily public or private development that is ofsocial benefit to the community and sensitive to the natural environment. Education facilities,community centres, recreation reserves, conservation park tourist facilities, research facilitiesand facilities for the aged maybe appropriate in certain parts of the zone.

PDC 5 Buildings and any associated car parking areas should be designed, located and of ascale which is unobtrusive and does not detract from the desired open space character of thearea, and in particular, should:

(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located in such a way as to not be visible against the skyline when viewed from publicroads and especially from the Mount Lofty Ranges Scenic Road;(d) be set well back from public roads, particularly when the allotment is on the high side of theroad;(e) be sited on an excavated rather than a filled site in order to reduce the vertical profile of thebuilding;(f) where possible be located in such a way as to be screened by existing native vegetationwhen viewed from public roads and especially from the Mount Lofty Ranges Scenic Road; and(g) be located in such a way as to maximize the retention of existing native vegetation and theprotection and retention of watercourses in their natural state.(h) be clustered, where practicable, to ensure that the majority of any site remains open inappearance;(i) be restricted in size and number;(j) be of a high standard of design, layout and external appearance, and have a horizontalemphasis; and(k) be sited so as not to detract from the open character of the area; accepting that wind farmsand ancillary development may be of a large scale, comprise a number of components andrequire an extended and/or dispersed development pattern. These facilities will need to belocated in areas where they can take advantage of the natural resource upon which they relyand, as a consequence, may be located in visually prominent locations.

PDC 10 Trees, other vegetation and earth mounding should be retained or provided as part ofthe development where the environment will be visually improved by such a provision.

PDC 11 Landscaping should be designed to integrate with the overall development, includingstormwater and drainage systems.

PDC 17 Development should be provided with adequate on-site car parking to accommodatecustomer, employee and service vehicle in accordance where applicable, with the provisions setout in Table AdHi/4.

PDC 18 Pedestrian pathways should be well defined and provide safe and convenient access toparking areas, and surrounding areas.

PDC 19 Car parking should be located and designed in such a way to ensure safe andconvenient manoeuvring into and out of parking bays and developed with landscaping tominimize the amount of hard paved areas.

PDC 20 Car parking and access arrangements should be designed, sited and landscaped sothat they are not unduly visible from adjoining roads.

PDC 23 Facilities should be constructed in association with unobtrusive identification signs.

PDC 24 Identification signs should:(a) not include portable, flashing or moving displays;(b) not wholly or partly consist of bunting, streamers, flags, windvanes and the like; and(c) where internally illuminated, be unobtrusive and not be conspicuous from residentialproperties.

PDC 25 Advertisements should clearly identify the related buildings while respecting thestreetscape context, particularly older buildings and heritage items, and avoiding any impact onthe visual amenity of the adjoining residential areas.

The following kinds of advertisements are appropriate:(a) ground level: low free-standing signs to identify premises;(b) below canopy level: flush wall-mounted signs and free-standing signs to identify premises.All other advertisements, including those at canopy level and above canopy level, areinappropriate.

PDC 27 All kinds of development are non-complying in the Recreation and Sports Policy Area,Conservation Policy Area and Public Lands Policy Area except the following:

Advertisements(a) within a 60 km/h or 80 km/h speed restriction within district councils or municipalities; or(b) where the advertisement has an advertisement area of two square metres or less, andproviding the message contained thereon relates entirely to a lawful use of land. Theadvertisement is erected on the same site as that use, and the advertisement will not result inmore than two advertisements on the siteAdditions and alterations to an existing building, and extensions to an existing use or activity onthe land, which is being lawfully undertaken, where the total floor area or site area of theextension does not exceed 25 percent of the total floor area or site area of that building or useas at 25 May 2006Alterations or additions to an existing dwelling which are:(a) the extension does not exceed 50 percent of the floor area of an existing dwelling; or(b) the extension does exceed 50 percent of the floor area of an existing dwelling, and whichcomply with the criteria contained in Table AdHi/5.

AviaryCarportCommercial ForestryCommunity CentreCommunity FacilityDetached Dwelling in the Public Lands Policy Area on any allotment created after 25 May 2006in relation to Allotment 26 in Filed Plan 157872 (CT 5617/422)Dwelling within an existing building as at 4 May 2000 within the Recreation and Sports PolicyArea and where a habitable dwelling does not already exist on the allotment and where:(a) no valid planning authorisation to erect a dwelling on that allotment exists; and(b) no other application for planning authorisation is being made or has been made and is notyet determined for a dwelling on that allotment; and(c) the dwelling and allotment complies with the criteria contained in Table AdHi/5Education Establishment which comply with the criteria contained in Table AdHi/5Facilities for the use of tourists and visitors, excluding tourist accommodation, which complywith the criteria contained in Table AdHi/5FencingFire StationHorse keeping and associated and ancillary buildings and structures including stables, sheltersand exercise yards where:(a) associated and ancillary buildings and structures are not located in areas subject toinundation by a 1:100 ARI flood event; and(b) not located on land where any part of the land has a slope exceeding 12 degrees; and(c) the average rainfall does not exceed 1000 millimetres annually; and(d) associated and ancillary buildings, structures and intensive exercise areas are not locatedwithin 25 metres of any watercourseLand Division:(a) where no additional allotments are created, either partly or wholly, within the Recreationand Sports Policy Area, Conservation Policy Area, and Public Lands Policy Area, andprovided a suitable site for a dwelling is available such that the site and the dwelling wouldcomply with the criteria in Table AdHi/5; or(b) by Community Title of an existing building(s) within the Public Lands Policy AreaOutbuildingsPergolaRecreation AreaSwimming PoolTelecommunications Facilities below 30 metres in heightTourist Accommodation and ancillary uses (not including caravan or camping grounds):(a) within part of or as an extension to a dwelling or lawful tourist accommodation existing asat 14 September 1990, and where up to eight guests are accommodated in hostedaccommodation; or(b) wholly within a dwelling or lawful tourist accommodation existing as at 14 September 1990,and where up to ten guests are accommodated in non-hosted accommodation; or(c) wholly within or within part of or as an extension to a State or Local Heritage Placeidentified in Tables AdHi/1 to 2, and where no more than 30 guests are accommodated ona single allotment and where no other habitable building erected after 21 September 2000exists;and which in all cases complies with the criteria in Table AdHi/5VerandahWater Tank

PDC 28 For the purposes of public notification the following forms of development within thePublic Purpose Zone are assigned Category 1:(a) Partial demolition of a local heritage place; or

(b) Land division of a local heritage place within the existing building form and where theproposed use in the opinion of the relevant authority is consistent with the Objectives ofthe zone; or(c) Land division of a local heritage place, which involves the realignment of the commonboundary between two contiguous allotments and no more than ten percent of either allotmentis affected by the change in boundary; or(d) Alteration and additions to a local heritage place.All other kinds of development with the Public Purpose Zone are assigned Category 2 otherthan non-complying development………….

ATTACHMENT 8

RELEVANT COUNCIL WIDE PROVISIONS

Form of Development

Objective 1: Orderly and economic development.Objective 4: The retention of the country town character and protection of the surroundingwatersheds and primary production land from urban development.2 Development should be orderly and economic.3 Development should take place on land which is suitable for the intended use of that landhaving regard to the location and condition of that land and the objectives for the zone in whichit is located.9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal whererequired; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.15 Development should not be undertaken if the construction, operation and/or management ofsuch development is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.16 New housing and other urban development should:(a) be limited to infilling of existing built-up areas and compact extensions within definedboundaries;(b) be located so as to achieve economy in the provision of public services; and(c) create a safe, convenient and pleasant environment in which to live.

Transportation (Movement of People and Goods)

Objective 19: Local residential roads free from through traffic.43 Development and associated points of access and egress should not cause interference withthe free flow of traffic on adjoining roads.44 Development should include appropriate provision on the site to enable parking (includingbicycles), loading, unloading, turning and fuelling of vehicles, and be in accordance withTable AdHi/4 Development Guidelines.

Objective 20: The safe and efficient movement of people and goods.Objective 21: The free flow of traffic on roads by minimizing interference from adjoiningdevelopment.46 Development should not generate pedestrian or vehicular traffic onto or across an arterialroad as to impair the movement of traffic on that road or to cause safety hazards.47 Development should not generate significant increases in traffic in adjacent residential areasand should discourage people from travelling through residential areas.49 Development should provide safe and convenient access for private cars, cyclists,pedestrians, service vehicles, emergency vehicles and public utility vehicles, and be consistentwith the concept plan for relevant centres.58 Development should include adequate, safe and convenient off-street car parking that doesnot interfere with the safety and convenience of traffic on any road or thoroughfare.59 Development should provide off-street vehicle parking and specifically marked disabled carparking places to meet anticipated demand in accordance with Table AdHi/4 Car ParkingProvisions.60 Development should be consistent with Australian Standard AS2890 Parking Facilities.

Public Utilities

67 Development should only be undertaken where demands placed on essential services suchas water supply, common effluent drains or electricity can be met by existing facilities.

68 Development, including new allotments, should be able to be serviced economically byaccessible public utilities and formed all-weather public roads.

69 Development should be connected to a sewer or common effluent drain whenever thesefacilities are available.

Residential Development

Objective 27: A variety and choice of dwelling types to meet the needs and preferences of allsections of the community.

Residential development within urban areas should be based on a flexible approach to provisionof a wide range of dwelling types.

Objective 28: Containment of housing costs through the encouragement of a full range ofdesign and development techniques.72 Residential development should efficiently use infrastructure and services.75 Residential development should not create conditions which are likely to exceed the capacityof existing roads, public utilities, and other community services and facilities.78 Landscaping of development in residential zones or areas should:(a) enhance residential amenity;(b) screen storage, service and parking areas;(c) provide protection from sun and wind; and(d) not unreasonably affect adjacent land by shadow.79 Dwellings should be supplied with adequate energy, water, waste disposal and drainagefacilities to serve the needs of the prospective users.80 Residential development should:(a) not have a significant adverse effect on safety and amenity due to generation of throughtraffic;(b) provide for safe and efficient distribution of traffic;(c) provide for safe and convenient movement for pedestrians and cyclists, including aged,young and disabled persons;(d) provide for easy access for emergency and essential service vehicles; and

(e) be designed to minimize the adverse effects of adjacent traffic movement.83 Residential zones or areas should only contain residential development and associateddevelopment such as primary schools and local open spaces.84 Within residential zones or areas:(a) there should be traffic management measures to discourage through traffic, but to allow forthe movement of local traffic and services vehicles, eg ambulances etc;(b) pedestrian and vehicular traffic should be segregated;(c) pedestrian and vehicular traffic should be segregated having regard to terrain andenvironment;(d) development should be suitably separated from traffic on adjoining arterial roads;(e) buildings should be sited and designed so as to maintain privacy and create individuality;and(f) open space should provide for recreational activities, pedestrian links and preservation ofnatural features.86 Development in a residential zone or area should maintain the attractiveness of the area as aplace in which to live, with buildings sited and designed in such a way as to not cause:(a) overshadowing or overlooking of windows or outdoor living areas of adjacent dwellings;(b) cutting off light or views from existing or proposed development;(c) adverse conditions in an area by significantly altering microclimatic conditions, or creatingemissions of odour and emissions of noise;(d) increasing traffic volumes;(e) overcrowding of community facilities; or(f) adverse alteration of the character of the area.

Conservation

Objective 69: Preservation and enhancement of the physical (including flora and fauna), culturaland social heritage of the area; and restoration and conservation of items and areas, includingland, buildings and structures which have historical, architectural, scientific, natural, social, culturalor other heritage significance.Objective 76: Conservation and retention of flora and fauna including significant stands ofvegetation.201 Development should be undertaken with the minimum effect on natural features, landadjoining water or scenic routes or scenically attractive areas.203 Development should not impair the character or nature of buildings or sites of architectural,historical or scientific interest or sites of natural beauty.204 The rural character, scenic amenity and bushland of the south Mount Lofty Ranges should beconserved and enhanced.

212 Development should conserve fauna and flora.213 Trees and other vegetation, including remnants of native flora, should be preserved andprotected against disfigurement if they are of:(a) particular visual significance or interest;(b) scientific interest;(c) value as a native fauna habitat;(d) historic significance;(e) value in the prevention of soil erosion;(f) value in screening existing or future buildings or unsightly views or activities;(g) value in existing or future developments for shade or windbreak; or(h) value as roadside character.If necessary to fell these trees, replanting should proceed.214 Buildings, structures, land and sites of architectural, historic, archaeological, scientific, social,cultural, aesthetic or other heritage significance should be preserved and, where possible,restored. Alterations to land or buildings of significance should be carried out to substantially retainor restore those aspects of importance.

Appearance of Land and Buildings

Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.Objective 90: Development in urban and rural areas in keeping with appearance and character ofthose areas.228 Development should take place in a manner which will minimize alteration to the existingland form.230 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated.231 Facilities for the storage and removal of waste materials should not be obtrusive or have anuntidy appearance when viewed from adjoining roads or allotments.239 Existing substantial landscaping should be retained as an integral part of the design anddevelopment of new buildings.240 Development should only include lighting for buildings and ancillary areas such as tenniscourts where no light spill is likely to cause nuisance or hazard.243 Subject to proper regard to bushfire hazards, trees and other vegetation should be retained orincluded with development.

Heritage288 Development adjoining a State or local heritage place should:(a) reinforce and complement the integrity and heritage value of the particular place identified inTables AdHi/1 and 2; and(b) be compatible in terms of its design, siting, boundary set-backs, scale, built form and roofshape, bulk, height, materials and external finishes and any advertising signs and externalillumination289 Landscaping and fencing associated with a State or local heritage place shouldcomplement and reinforce the historic value of the place.292 The use to which a State or local heritage place is put should support financially themaintenance and restoration of such place.293 Development associated with a local heritage place, or within the Historic (Conservation)Policy Areas - (Ayers Hill Road or Mylor Township), may have applied variations to theapplicable detailed design principles of development control where it facilitates appropriate andcomplementary conservation of the place or item providing that any variation:(a) is justified by significantly unusual and difficult constraints created by their retention,conservation or unique circumstances; and(b) avoids compromise or an adverse impact upon the integrity and appropriate setting, andoverall is beneficial to the desired and general character and amenity of the locality; and(c) does not compromise fundamental development management objectives, policy or functionalcriteria.

Watershed Protection

295 Development within the Mount Lofty Ranges should be compatible with its use as a watercatchment and storage area, and with its values as an area of primary production and scenicquality.

Bushfire Protection

OBJECTIVESObjective 106: Development should minimise the threat and impact of bushfires on life andproperty while protecting the natural and rural character.Objective 107: Buildings and the intensification of non-rural land uses directed away from areasof high bushfire risk.

299 Buildings and structures should be located away from areas that pose an unacceptablebushfire risk as a result of one or more of the following:(a) vegetation cover comprising trees and/or shrubs;(b) poor access;(c) rugged terrain;(d) inability to provide an adequate building protection zone; or(e) inability to provide an adequate supply of water for fire-fighting purposes.300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes,narrow ridge crests and the tops of narrow gullies, and slopes with a northerly or westerlyaspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres fromexisting hazardous vegetation; and(c) have a dedicated water supply available at all times for fire fighting which:(i) is located adjacent to the building or in another convenient location on the allotmentaccessible to fire fighting vehicles,(ii) comprises a minimum of 5000 litres in areas shown as General or Medium Bushfire Risk onBushfire Protection Area figures; or(iii) comprises a minimum of 22 000 litres in areas shown as High Bushfire Risk on BushfireProtection Area figures.305 Vehicle access and driveways to properties and public roads created by land divisionshould be designed and constructed to:(a) facilitate safe and effective operational use for fire-fighting and other emergency vehiclesand residents; and(b) provide for two-way vehicular access between areas of fire risk and the nearest public road.306 Development in a Bushfire Protection Area should be in accordance with those provisions ofthe Minister’s Code: Undertaking development in Bushfire Protection Areas that are designated asmandatory for Development Plan Consent purposes.


AGENDABUSINESS ITEM – 8.2

Applicant: Phra Likhit Wisuttathammo Landowner: P T Sawaengphon & P LWisuttathammo

Agent: Town Planning Advisors – BillStefanopoulos

Ward: Manoah

Development Application: 2013/316/473 Originating Officer: Melanie Scott

Application Description: Change of use from tourist accommodation to place of worship& retreat (monastery) (non-complying)

Subject Land: Lot:50 Sec: P3323DP:46510 CT:6094/161

General Location: 105B Whitehead Road,Mylor SA 5153

(Refer to Locality Plan Attachment 1)Development Plan Consolidated :24January 2013Map AdHi/39 & 87

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Watershed ProtectionPolicy Area


Site Area: 5.4 Hectares


Notice published in The Advertiser on 15November 2013

Representations Received: Five

Representations to be Heard:Representors did not indicate their wishes

1. EXECUTIVE SUMMARYThe purpose of this application is a change of use from an educational camp/touristaccommodation to a place of worship and retreat(monastery).

The subject land is located within the Watershed (Primary Production) Zone - WatershedProtection Policy Area Zone and is a non-complying form of development. Fiverepresentations in opposition to the proposal were received during the Category 3 publicnotification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issue relating to the proposal is noise.


Council Development Assessment Panel Meeting – 4 March 2014Phra Likhit Wisuttathammo13/316/473

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

Use of the existing dwelling on the site as a dwelling/monastery for the three residentmonks.

Use of the camp dormitories for overnight accommodation for retreat guests

Change of use of the gym and hall to place of worship.

Thai New Year’s Day Festival in April which may involve up to 100 people visiting fora day and a handful of people may stay overnight for one night.

Kathina Celebration in early November each year which may involve up to 100 peoplevisiting for a one day celebration. The visitors for this celebration can by fromThailand in which case they may stay for up to a week.

Three monks will reside permanently on site. They are visited each day by up to fourpeople who will offer lunch and may stay for ‘chanting’. On weekends up to ten peopleper day will visit to offer lunch, undertake maintenance and stay for “chanting”. Up to sixweekend guests may stay overnight in dormitories. It is intended to condition 10 guestsfor overnight stays to allow some flexibility should the proposal be approved. There aretwo festivals each year which may have up to one hundred guests.


3. HISTORY

October 16, 1964 Building permit for ‘Holiday camp’ issued as a rebuild afterAsh Wednesday fires for up to 104 visitors.

June 26, 1979 SA Planning Commission advised new managersresidence was being built

February 2, 1985 Council advised the SA Planning Commission no objectionto proposed amphitheatre

January 1, 2005 05/1155/473 – Council approved a swimming pool


CFSThe application was referred to the CFS. After negotiation between the CFS andCouncil, the use of the dwelling as a residence is not changing so the CFS do nothave an official role with the dwelling. The balance of the site (dormitories etc) isunder the guidance of the Building Fire Safety Committee in accordance withSection 71 of the Development Act 1993. Consequently there is no formalresponse.

EPAThe EPA considers the proposal would not result in an intensification of land useand consequently the EPA considers that the proposed development would havea neutral effect on the receiving environment and no conditions are advised.


5. CONSULTATION


The application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. Five (5) representations were received. All five (5) representationsare opposing the proposal and were from adjacent and nearby properties.

The following representors may wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Mark Blyfield & J E Wise 400 River Road, MylorMathias Suphke 404 River Road MylorBronya McGovern 404 River Road MylorMary & Alex Cossich 384 River Road MylorBob & Anne Wise 389 River Road Mylor

The applicant or their representative – Bill Stefanopoulos – Town Planning Advisorsmay be in attendance.

The issues contained in the representations can be briefly summarised as follows: Noise in the form of amplified “different music” The likely frequency of such noise


Copies of the submissions are included as Attachment 4 and the applicant’s responseto these is provided in Attachment 5.


i. The Site’s Physical CharacteristicsThe subject land is 5.4 hectares in area and slopes from the entrance in thesouth western corner away to the western boundary which is the OnkaparingaRiver and the Council boundary. There are a number of buildings on the land.The higher western part of the site is lightly covered with native vegetation.The middle and eastern sections have much built form down to a river flat thathas previously been a soccer pitch. This area is currently an alpaca paddockwith planted trees. There is a dwelling which in concurrence with legal advicewill now be known as a monastery. The gym and hall will be ‘places ofworship’, with the four dormitory buildings and service buildings providingaccommodation for guests, with shared amenity blocks.

ii. The Surrounding AreaThe property adjoining the site to the west is owned by the state governmentand is used as camp. It is vegetated in a similar, possibly more dense mannerto the subject land. The property to the north is an orchard. The bulk of theneighbours are to the east of the subject land, across the river, on ruralresidential land. The river and the topography of the area does form a naturalamphitheatre. There is much vegetation between the subject land and theneighbours’ properties.

iii. Development Plan Policy considerations


a) Policy Area/Zone Provisions

The subject land lies within the Water Protection Policy Area of the Watershed(Primary Production) Zone and these provisions seek:

Water Protection Policy Area- natural open spaces with non-intensive farming that does not impact on

water resources- pleasant rural landscape characterised by pasture, gum trees and

occasional clusters of farm buildings.


Objectives: 1, 2PDC’s: 1, 3, 4 & 5

Refer to Attachment 6 for the relevant Policy Area provisions.Zone ProvisionsThe Watershed (Primary Production) Zone- Maintenance and enhancement of natural resources- long term sustainability of rural production- enhancement of water quality- preservation and restoration of remnant native vegetation- enhanced amenity and landscape for visitors and residents.- sustainable tourism which relates to cultural and natural resources


Objectives: 1, 2, 4, 5 & 6PDC’s: 1, 2, 3, 4, 6, 9, 11, 14, 15, 29, 30, 31, 32, 36, 37, 39,

Refer to Attachment 8 for the relevant Zone provisions.

The proposal is to change the use of the gymnasium and hall on the site toplaces of worship. Three monks will reside on site in the existingdwelling(monastery). There is no proposal to alter any built form or clear anyfurther land. The use is modest and at less intensity than previous uses forthe site. Therefore, the proposed activity is unlikely to have an impact on theexisting character of the locality, stormwater management and the on sitewaste system. The proposal is therefore in accordance with Policy Area PDCs1, 3, 4 and 5.

Accordance with ZoneThe proposal will have a decreased impact on natural resources being at lessintensity then previous uses for the site therefore being in accordance withPDC 14, 31, 32 and 36


Form of DevelopmentThe proposal uses existing built form on site, all of which meet therequirements of PDCs 1, 2, 3, 4, 6, 9, 11, 15 and 39.

Appropriateness of Proposal in LocalityThe subject land has a history as a camp site going back to 1974 with little tono record of complaint. Adjacent another camp site it is considered theproposal, at less intensity as a camp, than previously, is appropriate in thelocality. The buildings exist in an area of mixed clearing and NativeVegetation. The proposal consequently meets the requirements of PDCs 30and 37.

Appearance of Land and BuildingsNo change is proposed to the buildings on site.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- the provision of community and recreational activities- minimal visual impact and affect on native vegetation- protection of water catchment quality- bushfire safetyThe following are considered to be the relevant Council Wide provisions:

Objectives: 1, 2, 9, 52, 53, 54, 61, 69, 70, 77, 87, 88, 95, 97, 103, 104, 105,106, 119,PDC’s: 2, 3, 9, 11, 12, 13, 15, 17, 146, 147, 148, 173, 201, 202, 203, 212,215, 227, 230, 232, 233, 243, 246, 247, 248, 259, 261, 265, 266, 267, 271,274, 275, 295, 298, 300, 305, 350, 358

Refer to Attachment 8 for the relevant Council Wide provisions.

The proposal is considered to be orderly and economic in accordance withPDC 2 as it takes advantage of an existing site in what is considered a neutralimpact on the amenity and resource provisions of the Council’s DevelopmentPlan.

Further by taking advantage of the existing facilities, at a less intense level, itis considered the proposal is in accordance with PDCs 2 and 9.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landThe proposal makes use of existing infrastructure and will not increase thepotential for flooding, subsidence or erosion. As such the proposal is inaccordance with PDCs 11, 12, 15, 298 and 350

Water Supply & Effluent DisposalThere is no change proposed to existing arrangements on site, other than alessening of intensity. The proposal is considered to be in accordance withPDCs 215 and 267.


Fire Protection issuesThe site is in a High Bushfire Risk area. The site is the subject of a noticeunder Section 71 of the Development Act 1993. There is evidence ofdedicated fire fighting water, hoses, hydrants and suitable vegetationclearance on site. However, action under Section 71 of the Development Acthas required the owner to demonstrate there is sufficient coverage to buildingsin excess of 500m2 and a water delivery system for this. This can beaddressed at the Building Rules consent stage and the site is expected tomeet the requirements of PDCs 12, 243 and 300.

Vegetation & Land ManagementNo clearance proposed.

Other MattersThe site is in a valley with some auditory properties, as evidenced by therepresentations. There appears a willingness on the part of representors andthe applicant to work together to minimise noise disturbance in the valley.Condition five is proposed in accordance with the applicant’s response torepresentations and will then be in accordance with PDCs 13, 148, 248, and259.The applicant has modified their proposal to exclude external amplification ofmusic. The representors have indicated in their representations and verbally alevel of tolerance for noise nuisance on a limited number of occasions.

There is some reference to tourism and community facilities in the selectedPDCs as the site has minor elements of both. Tourism in the context of thetwo festivals detailed each year, which may have overseas visitors. Thenumber of overnight guests proposed to be conditioned in accordance with theapplicant submission sshould the proposal be approved. Refer conditions 2, 3& 4.

The facility could be described as a community facility given the Thaicommunity services the site and the monks, and in return the community’sneeds are met. This is a very minor part of the application, integral to thefunction of the site, however the overall use is as a place of worship.

7. SUMMARY & CONCLUSIONThe use of the residence does not change. It is the residence/monastery for the threepermanent occupants of the site, the monks. The remainder of the site will be used inservicing the needs of the monks and for the Kathina and Songkran festivals. There is apossibility of up to 10 guests staying overnight once a week in the dormitories, and twicea year, coinciding with the aforementioned festivals up to 100 guests staying overnight.The applicants propose to no longer use outside microphones and will close the doors tothe ‘place of worship’(gym) when using microphones inside. The proposal is a reductionin intensity of a previous “camp” use for the site and is seen as a constructive use ofexisting infrastructure.


The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2013/316/473 by Phra Likhit Wisuttathammo for Change of use fromtourist accommodation to place of worship & retreat (monastery) (non-complying) at 105B Whitehead Road, Mylor SA 5153 subject to the followingconditions:

(1) The development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:

Submissions from Town Planning Advisors dated 28 October 2013and 13 December 2013

Drawing from State Surveys Job number 13329 drawn 16 October2013


(2) Overnight accommodation shall be in the monastery or dormitoriesonly., no overnight camping in the former gym, hall or elsewhere shall bepermitted.

REASON: To minimise the risks to danger of life and property in theevent of a bushfire.

(3) A maximum of two festivals per calendar year shall be permitted with amaximum number of overnight guests for each festival limited to 100persons at any one time.

REASON: To minimise the risks to danger of life and property in theevent of a bushfire and maintain the amenity of the area.

(4) The maximum number of overnight guests shall be 10 persons at anyone time, with the exception of the two festivals, where up to 100overnight guests shall be permitted.

REASON: To minimise the risks to danger of life and property in theevent of a bushfire and maintain the amenity of the area.


(5) All amplified music and use of microphones during festivals andchanting shall only be permitted inside the former gym and hall and allexternal doors shall be closed.

REASON: To maintain the amenity of the area.

(6) Prior to Building Rules Consent being issued a Bushfire Action Planshall be submitted to Council for approval.

REASON: To minimise the risks to danger of life and property in theevent of a bushfire.





9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. EPA Response4. Representations5. Applicant’s response to representations6. Relevant Development Plan Policy Area provisions7. Relevant Development Plan Zone provisions8. Relevant Development Plan Council Wide provisions



___________________________ _______________________________

Melanie Scott Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

EPA RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5


ATTACHMENT 6


Objective 1: A Policy Area primarily for natural open space and non intensive farming on largeholdings which does not pollute surface or underground water resources.

Objective 2: The maintenance of a pleasant, attractive rural landscape characterised byverdant undulating pasture lands, dotted with clumps of large majestic gum trees with theoccasional cluster of farm buildings.

Principles of Development Control

1 Development should be primarily low-intensity farming which should minimize environmentalimpairment and not pollute surface or underground water resources.

3 Recreation areas and other recreational or visitor facilities should be compatible with thecharacter and protection of the Mount Lofty Ranges Watershed and the character and amenityof the locality.

4 Development should harmonise with the rural character of the locality in the following ways:(a) be of a scale and simple design compatible with the topography; and(b) be screened by vegetation or landform from the South Eastern Freeway, secondary arterialroads and major local roads;

5 Development should not occur where extensive clearance of native vegetation or significantmodification of the landscape would be necessary and in particular:(a) No vegetation within ten metres of a watercourse should be cleared except declared noxiousspecies; and(b) Native vegetation clearance should only be permitted where:(i) the trees to be removed are scattered; and(ii) the land, following vegetation clearance, is capable of supporting the proposed land usewithout undue risk of soil erosion, and land/water salinisation; and(iii) deep rooted native vegetation should be planted and maintained on substantial areas of thesame land holding to compensate for the loss of vegetation.

ATTACHMENT 7


Objective 1: The maintenance and enhancement of the natural resources of the south MountLofty Ranges.

Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of highquality water.

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

Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Rangesfor the enjoyment of residents and visitors.

Objective 6: The development of a sustainable tourism industry with accommodation,attractions and facilities which relate to and interpret the natural and cultural resources of thesouth Mount Lofty Ranges, and increase the opportunities for visitors to stay overnight.

Prinicples of Development Control1 Buildings, should be located in unobtrusive locations and, in particular, should:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located not to be visible against the skyline when viewed from public roads and especiallyfrom the Mount Lofty Ranges Scenic Road;(d) be set well back from public roads, particularly when the allotment is on the high side of theroad;(e) be sited on an excavated rather than a filled site to reduce the vertical profile of the building;(f) where possible be screened by existing native vegetation when viewed from public roads andespecially from the Mount Lofty Ranges Scenic Road; and(g) maximize the retention of existing native vegetation and the protection and retention ofwatercourses in their natural state.

2 Buildings should be unobtrusive and not detract from the desired natural character of the Zoneand, in particular:

(a) the profile of buildings should be low and the roof lines should complement the naturalform of the land;

(b) the mass of buildings should be minimized by variations in wall and roof lines and by floorplans which complement the contours of the land; and(c) large eaves, verandahs and pergolas should be incorporated into designs to createshadowed areas which reduce the bulky appearance of buildings.

3 Buildings:(a) should have a year-round water supply and a safe and efficient effluent disposal systemwhich will not pollute watercourses or underground water resources or be a risk to health; and(b) should have a safe, clean, tidy and unobtrusive area for the storage and disposal of refuseso that the desired natural character of the Zone is not adversely affected.

4 Buildings and structures should not be located within 25 metres of a watercourse andbuildings and structures including chain mesh and solid fences should not be located on landsubject to flooding as shown on Figures AdHiFPA/1 to 19 or within other areas subject toflooding or inundation by a 1 in 100 year average return interval flood event.

6 Additions to dwellings located on land subject to flooding as shown on Figures AdHiFPA/1 to19 or within other areas subject to flooding or inundation by a 1 in 100 year average returninterval flood event, should be in the form of upper level additions and should not increase thetotal floor area at ground level of the dwelling.

9 Driveways and access tracks should follow the contours of the land to reduce their visualimpact and erosion from water run-off and be surfaced with dark materials. Theexcavation/filling of land should be kept to a minimum to preserve the natural form of the landand the native vegetation.

11 Buildings should not impair the character of rural areas by reason of their scale or siting. Ifnecessary, buildings should be screened by trees or shrubs.

14 Development should not detract from the natural and rural landscape character of the region.

15 The rural character, comprising natural features and man-made activities, should bepreserved by careful siting, design and landscaping of new building development and/orintensive land uses.

29 Buildings should not be located within areas of native vegetation.

30 Buildings near native vegetation should be sited only where there is an existing cleared areaof sufficient size to ensure the safety of the proposed structures from fire hazard without theneed for further clearance.

31 No change of land use should occur in or near areas of native vegetation which are likely toadversely impact on the vegetation.

32 The provision of services, including power, water, effluent and waste disposal, access roadsand tracks should be effected over areas already cleared of native vegetation or, if this is notpossible, cause the minimum interference or disturbance to native vegetation.

36 Development should take place in a manner which will not interfere with the utilisation,conservation or quality of water resources and protects the natural systems that contribute tonatural improvements in water quality.

37 Trees, other vegetation and earth mounding should be retained or provided as part of thedevelopment where the environment will be visually improved by such a provision.

39 Buildings should not impair the character of rural areas by reason of their scale or siting. Ifnecessary, buildings should be screened by trees or shrubs.

ATTACHMENT 8


Objective 1: Orderly and economic development.

Objective 2: A proper distribution and segregation of living, working and recreational activities bythe allocation of suitable areas of land for those purposes.

Objective 9: Development designed and located to prevent or minimise the risk of downstreamflooding.

Objective 52: Appropriate community facilities conveniently accessible to the population theyserve.

Objective 53: Community facilities integrated with business and shopping facilities in definedcentres.

Objective 54: Provision of an appropriate range of educational, community and recreational areasand facilities.

Objective 61: The retention of rural areas primarily for forestry, primary production andconservation purposes and the maintenance of the natural character and rural beauty of suchareas.

Objective 69: Preservation and enhancement of the physical (including flora and fauna),cultural and social heritage of the area; and restoration and conservation of items and areas,including land, buildings and structures which have historical, architectural, scientific, natural,social, cultural or other heritage significance.

Objective 70: The retention of remaining native vegetation.

Objective 77: The conservation and preservation of the rural character, scenic amenity andbushland of the area.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.

Objective 88: Buildings or structures unobtrusively sited and of a character and design whichblends naturally with the landscape.

Objective 95: To assist in preservation and enhancement of the district character throughencouragement of sensitive tourist developments.

Objective 97: The maximization of informal public access and usage of natural and historicalresources.

Objective 103:Protection of watersheds from pollution.

Objective 104:The protection of the Mount Lofty Ranges Watershed against pollution andcontamination.

Objective 105:The prevention of development which could lead to a deterioration in the quality ofsurface or underground waters within the Mount Lofty Ranges Watershed.

Objective 106:Development should minimise the threat and impact of bushfires on life andproperty while protecting the natural and rural character.

Objective 119: Protection of the quality and quantity of South Australia’s surface waters (inland,marine and estuarine) and underground waters.

Principles of Development Control2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that land havingregard to the location and condition of that land and the objectives for the zone in which it islocated.

9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.

11 Development located on land subject to flooding as shown on Figures AdHiFPA/1 to 19, orwithin other areas subject to flooding or inundation by a 1 in 100 year average return intervalflood event, should not:(a) impede the flow of floodwaters through the land or other surrounding land;(b) occur where the risk of flooding is unacceptable having regard to personal and public safetyand to property damage;(c) increase the potential hazard risk to public safety of persons during a flood event;(d) aggravate the potential for erosion or siltation or lead to the destruction of vegetation duringa flood;(e) cause any adverse effect on the floodway function;(f) increase the risk of flooding of other land; or(g) obstruct a watercourse.Note: In order to avoid pollution of receiving waters, development located on land subject toflooding as shown on Figures AdHiFPA/1 to 19, or within other areas subject to flooding orinundation by a 1 in 100 year average return interval flood event, should not involve the storage

12 In the absence of a reticulated or indirect water supply, development should have anindependent water supply of a nature, design, quality and capacity that can be demonstrated assuitable for meeting the ongoing requirements of the development, particularly for domestic,livestock, and fire protection purposes.

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal whererequired; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.

15 Development should not be undertaken if the construction, operation and/or management ofsuch development is likely to result in:

(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

17 Development in localities having a bad or unsatisfactory layout, or unhealthy or obsoletedevelopment should improve or rectify those conditions.

146 Community facilities should be conveniently located in relation to the population they are toserve.

147 Community facilities should be related to the overall pattern of similar and complementaryfacilities and where possible should be capable of common use.

148 The scale and use of community facilities should be designed to minimize disturbance ofthe amenity of nearby residents.

173 Rural land should primarily be retained for agricultural and/or native vegetation retentionpurposes.

201 Development should be undertaken with the minimum effect on natural features, landadjoining water or scenic routes or scenically attractive areas.

202 Natural vegetation should be preserved and replanting should take place.

203 Development should not impair the character or nature of buildings or sites of architectural,historical or scientific interest or sites of natural beauty.

212 Development should conserve fauna and flora.

215 The treatment and disposal of effluent and any other waste material should be achievedwithout risk to health and without pollution of any water resource.

227 Development should take place in a manner which will not visually interfere with theachievement of the objective for an area or, otherwise the existing character of scenically orenvironmentally important areas, or areas which are prominently visible from other land or whichare frequented by the public.

230 The appearance of land, buildings and objects should not impair the amenity of the localityin which they are situated.

232 Buildings should be sited unobtrusively and be of a character and design which will blendnaturally with the landscape.

233 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges.

243 Subject to proper regard to bushfire hazards, trees and other vegetation should be retainedor included with development.

246 Tourist and recreational development including picnic areas, scenic lookouts, hostels andcamps, should be provided with waste disposal and litter collection facilities.

247 Driveways and access roads to development should be designed to blend sympatheticallywith the landscape and with minimal interference with natural vegetation and landform.

248 The erection, alteration or conversion of any building should be undertaken only if itcomplements or enhances the scale, character and design of development in the locality andthe siting of buildings on adjoining allotments.

259 Tourism developments should:(a) enhance the character of the locality in which they are to be located;(b) be compatible with the cultural and heritage values of the locality and the Region;(c) be small in scale and designed and sited to be compatible with the local environment;(d) enhance the visual amenity of the locality;(e) utilise, where possible, existing buildings, and particularly heritage buildings.

261 Tourism developments in rural areas should ensure that agricultural activities aremaintained as the predominant land use in the Region, and are situated on land with loweragricultural potential.

265 Tourism developments should:(a) not exceed the capacity of the infrastructure or facilities required to service them;(b) use external materials of construction that are in keeping with traditional building styles,incorporating by way of example; stone, masonry or weatherboard walls, timber framedwindows, pitched corrugated steel roofs in either naturally weathered galvanised iron or similar,verandahs where appropriate and outbuildings, fences and other structures to complement themajor buildings;(c) provide vehicle parking and access ways which are surfaced with materials appropriate tomaintaining the character of the locality;(d) be designed and sited to prevent overshadowing and overlooking;(e) provide safe and convenient vehicle access that is compatible with the surrounding uses.

266 Tourism developments in rural areas should:(a) ensure the retention of native vegetation is maximised by only locating in areas whichconsist of a modified landscape;(b) not require changes to natural features;(c) be designed and sited to ensure the bed and banks of watercourses are protected frominappropriate development and management practices.

267 Tourism developments should protect the water resources of the Region by:(a) being located away from water sensitive areas;(b) having safe and efficient effluent disposal systems;(c) incorporating an adequate area for waste disposal on the allotment of the proposeddevelopment;(d) disposing of waste water and effluent onto land and at a rate within the capacity of theallotment to retain and treat effluent;(e) not disposing of waste water and effluent into watercourses;(f) avoiding the use of holding tanks for waste water and effluent.

271 Tourist accommodation ancillary uses such as recreation, leisure, conference/meetingrooms and dining facilities should be limited to the requirements of guests being catered for.

274 Tourism development should be sensitive to the locality in which they are located and assistin the preservation, reinforcement and enhancement of the character of the locality.

275 Tourism development should be of a size and nature such that it will not lead to thecommercialisation and over-exploitation of the natural and historical resources.

295 Development within the Mount Lofty Ranges should be compatible with its use as a watercatchment and storage area, and with its values as an area of primary production and scenicquality.

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

300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes,narrow ridge crests and the tops of narrow gullies, and slopes with a northerly or westerlyaspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres fromexisting hazardous vegetation; and(c) have a dedicated and accessible water supply available at all times for fire fighting.

305 Vehicle access and driveways to properties and public roads created by land divisionshould be designed and constructed to:(a) facilitate safe and effective operational use for fire-fighting and other emergency vehiclesand residents; and(b) provide for two-way vehicular access between areas of fire risk and the nearest public road.

350 Watercourses, wetlands and floodplains should be retained in their natural state, including:(a) the control of development and activities within the area of the 1 in 100 year AverageRecurrence Interval (ARI)17 flood inundation area, including the placement of fill, excavation,building work, structures and fences, the storage of materials, the intensive keeping of animals,the piping of watercourses, and(b) the restoration of watercourses, and(c) maximising the road frontage onto open space areas in subdivision design.

358 Development should not have any adverse effect on:(a) the quantity and quality of groundwater;(b) salinity levels of groundwater;(c) the depth and directional flow of groundwater;(d) the quality and function of natural springs;(e) soil, through water logging or the release of toxic elements(f) within the ecosystem; and(g) dry-land salinity levels.



Applicant: Aspex Building Designers Landowner: C C White

Agent Aspex Building Designers Ward: Marble Hill WardDevelopment Application: 13/184/473 Originating Officer: Sandra Fawcett

Application Description: Domestic outbuilding (5.6m x 7.3m x 3.5m with roof top deckincluding 1.2m high balustrade & 1.7m high screen on roof), 22,730 litres undergroundwater storage tank & associated earthworks (non-complying)

Subject Land: Lot:200 Sec: P856DP:77132 CT:6017/314

General Location: 190 Norton SummitRoad, Teringie SA 5072

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24January 2013Map AdHi/3

Zone/Policy Area:Hills Face Zone


Site Area: 820m2


Notice published in The Advertiser onFriday 10 January 2014

Representations Received: 1 Opposing, 1Supporting

Representations to be Heard: 1

1. EXECUTIVE SUMMARYThe purpose of this application is to construct a domestic outbuilding with an outdoorentertainment area on the roof deck including screening with associated balustrades,water storage tank and earthworks.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. One representation in opposition and one representation in support of theproposal were received during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issues relating to the proposal are visual amenity.


Council Development Assessment Panel Meeting - 4 March 2014Aspex building Designers13/184/473


Construction of a domestic outbuilding measuring 5.6m x 7.3m x 3.5m high.

Installation of outdoor living area on the roof deck.

Installation of 1.2m high glass balustrade to the deck.

Outbuilding to include the construction of a rendered wall on common boundary witha maximum height of 5.2 metres including 1.7m privacy screen.

Building setback 7.5m from front boundary and includes access for vehicles.

Installation of a 22,000 litre underground water storage tank.

Associated earthworks - excavation to a maximum height of 3.4m, including drivewaygrading of approximately 1:3 (9% slope).


3. HISTORY24 June 2013 09/193/473 Council lapsed an application for domestic outbuilding

and swimming pool and enclosure with decking above building andassociated excavation in accordance with Regulation 22(a) of theDevelopment Regulations for failure to obtain building rulesconsent.

19 October 2007 2007/D24/473 Development Assessment Commission grantedconsent for a land division - Boundary realignment

2 August 2007 06/1160/473 CDAP approved an application for a single storeydetached dwelling

4 May 2006 05/820/473: Council refused an application for detached dwellingand associated earthworks - non complying in accordance S39(3)(b) failure to provide further information.


CFSNo referral required as non-habitable structure.

AHC EHUCouncil’s Environmental Health Officer has reviewed the existing system and itcomplies with current regulatory requirements.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. Two representations were received. One representation isopposing the proposal, and one is in support of the proposal. All were from adjacentand nearby properties.


The following representor wishes to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Ms Sharan Mott 188 Norton Summit RoadTeringie SA 5072

Mr Eric Mott

The applicant(s) (or their representative) may be in attendance.

The issues contained in the representations can be briefly summarised as follows: Impact on residential amenity

This is discussed in detail in the following sections of the report.

Copies of the submissions are included as Attachment 3.Response to representation is included as Attachment 4.


i. The Site’s Physical CharacteristicsThe subject land is approximately 820m² in area and has a single storeydwelling towards the rear of the allotment on a prepared platform. The siteslopes steeply up from the front road boundary with terracing constructed ofmoss rocks below the dwelling, supporting an immature garden and septicdisposal area. A gravel cross over from Norton Summit Road located to thenorth, services the allotment and current vehicle parking is in the open.

The road reserve has mature vegetation consisting of weed species and nativevegetation which assists in screening the dwelling. A portion of the roadreserve has been used for vehicle manoeuvring and storage.

ii. The Surrounding AreaThe immediate properties either side of the subject land are of a similar sizehowever the wider locality to the north and south has significantly largerallotments used for primary production activities.

Nearby is the intersection of Teringie and Norton Summit Road. At this point aridge extends to the west which has been developed with rural living andresidential allotments. Many of these allotments have views across theAdelaide metropolitan area.

Steeper areas of the locality have remnant stands of native vegetationparticularly the valley floors and upper ridge lines. Generally these areas wouldbe considered too steep for primary production activities.

iii. Development Plan Policy considerationsa) Provisions

The subject land lies within the Hills Face Zone and these provisions seek:

- Preservation of natural character;


- Buffer between metropolitan areas and native bush land includingprimary production land of the eastern hills;

- Low density activities.

The following are considered to be the relevant Hills Face Zone provisions:

Objectives: 2(b),PDC’s: 1(a), 2(a), (b) & (c),3(d), (k) & (m (i)& (ii)),7(d), (f) & (g), 8(a-d), 12,26Refer to Attachment 5 for the relevant Zone provisions.

Form of DevelopmentThe proposed development is to undertake substantial earthworks and theconstruction of a domestic outbuilding in association with the dwellingconstructed in 2007. Objective 2(b) states development should have minimalvisual intrusion, particularly when viewed from the roadway, whilst PDC1 (a)states it is acceptable for development of this type if in association with adwelling. The proposal will be screened by the existing vegetation on the roadreserve and will be recessed into the bank below the dwelling therefore theproposal satisfies Objective 2 (b) and PDC 1(a).

Appropriateness of Proposal in LocalityZone provisions 2 (a) & (b) states earthworks should be kept to a minimumand are envisaged by PDC26 which lists earthworks which exceed 2 metres asa non-complying form of development. The proposal will result in earthworks ofapproximately 3.5m in depth however the rear elevation and part elevation ofthe side walls will also act as retaining walls and therefore minimise the visualimpact of the development.

Although the earthworks categorised the application as a non-complying formof development the assessment took into account, not only the degree ofearthworks but the existing land form, design of the structure and opportunitiesfor the applicants to reposition the proposed structure.

The allotment is serviced by an existing crossover from Norton Summit Roadand therefore the only practical location for a domestic garage would be at thefront of the allotment. The steepness of the allotment, location of the septictank and effluent disposal areas and positioning of the dwelling makes itimpracticable to access the rear of the allotment. Alternate designs would haveresulted in a similar degree of earthworks and additional retaining wallsresulting in a greater impact on the land.

Therefore the proposed design minimises the visual intrusion and constructionfootprint when viewed from the roadway and adjoining allotments and hencesatisfies PDC 2 (a), (b) & (c).

No native vegetation will be removed to permit the development and theexisting cross over will be used to access the development. Therefore theproposal satisfies PDC 3(d) & (k).

PDC 3m (i) & (ii), states loss of amenity to adjoining land and surroundinglocality should be considered as part of the proposal. The representor hasindicated the amenity of 188 Norton Summit Road Teringie may be


compromised due to the positioning of the structure and privacy – particularlyoverlooking. As discussed, the applicants have limited opportunity to positionthe development primarily due to the location of the septic tank and effluentdisposal areas and slope of allotment, hence the development along thecommon boundary. To mitigate the potential for overlooking into the front yardof 188 Norton Summit Road, which includes a carport, driveway and gardenarea, the applicants have included an integrated fixed screen to the minimumheight of 1.7m above the floor level of the roof deck.

The approximate distance to the neighbour’s dwelling is 21 metres and theexisting carport is approximately 5 metres away from the proposed building.Any overlooking opportunities are likely to be in the direction of vehiclemanoeuvring areas, driveway and public road. These areas are generally notconsidered as private open space and therefore the occupant’s amenity isunlikely to be compromised to a significant degree. Never-the-less theapplicants has proposed a screen to minimise overlooking. Therefore theproposed design satisfies PDC3m (i) & (ii).

Appearance of Land and BuildingsPDC’s7 & 8 states buildings and structures should be located unobtrusively bysetback, reduction in profile by excavation and landscaping. The proposeddevelopment will be positioned below the existing dwelling and set well backfrom the public roadway, maintaining a single storey profile.

The front of the structure is proposed to be 7.5 metres from the front roadboundary of the allotment. In addition an extensive road reserve which isvegetated with native tree and shrubs provide an additional buffer ofapproximately 6 metres. The combination of setback, design, excavation andthe retention of existing vegetation assist in minimising the visual impact of thedevelopment and therefore satisfy PDC’s7(d), (f) & (g) and 8 (a), (b) and (e).

Outbuildings according to PDC12 should be limited. Currently the applicantspark the car randomly on the site and the construction of the outbuilding willformalise the parking in association with the dwelling and permit futurelandscape plans to be completed. On this basis PDC’s7 and 8, PDC12 issupported by the proposal as all buildings are clustered.


The Council Wide provisions of relevance to this proposal seek to:- Ensure proper distribution and segregation of living, work and

recreational areas- Minimisation of encroachment into rural areas- Retention of native vegetation

The following are considered to be the relevant Council Wide (CW) provisions:

Objectives: 1, 5, 26, 87, 88PDC’s: 2,3,4,7,9,13(d&g),22,23,24,25,228,230,232,234 (a&b)238,239,

Refer to Attachment 6 for the relevant Council Wide provisions


Form of DevelopmentThe proposal is considered to be orderly and economic and is in associationwith an existing dwelling and therefore satisfies CW Objectives 1 & 5 andPDCs 2 and 3, in that it is proposed on land suitable for the intended use.

The proposed structure will be constructed on an excavated site, utilising thestructure’s walls as retaining walls. Therefore as part of the design criteria,construction would be undertaken to ensure soil stability. On this basis theproposal is considered to satisfy PDC4.

To ensure the development has a minimal visual impact it is proposed to sitethe structure on an excavated platform. Although the proposed earthworksexceed those stated in PDC7 the proposal presents as a desirable option,when taking into account the slope of the land and the limited potential fordevelopment on the allotment. The excavation although deep will be disguisedby the structure once built, nestling the building into the land and minimising itsvisual impact. Additional landscaping will also reduce the visual impact of thebuilding. Therefore, although the visual impact during construction could beperceived as not satisfying the principle, on completion it will be significantlyreduced therefore satisfying PDC7 (a), (b), (c) & (d).

A critical aspect of the assessment of this application includes the appearanceof the proposed structures, and importantly, its visual impact on the amenity ofthe area and adjoining property owners and occupiers. It has been identifiedthe applicants are limited in their options and the proposed development isseen as a solution to their needs. PDC’s9 & 13 states development should nottake place if it is likely to interfere with the effective use of other land in thelocality, nor detrimentally affect the character and amenity.

An analysis of the adjoining land identifies the most likely impact could beupon 188 Norton Summit Road, due to the location of the structure, its overallheight and the use of the roof deck as an entertainment/open space area. Thedwelling located at 188 is approximately 21 metres from the commonboundary to the west and screened by mature vegetation.

Both allotments are positioned along a common contour line and no naturaloverlooking is present. The proposed structure on completion will be lowerthan the existing dwelling on the same allotment and aligned with the front ofthe dwelling at 188.

Therefore any perceived increase in overlooking from the development isunlikely. Existing screening vegetation and the presence of the carport on 188assists in reducing the visual impact of the proposed development. In additionthe inclusion of a privacy screen on the roof deck will also mitigate anyincrease in the loss of privacy. The main private open space of the occupantsof 188 is towards the rear of the dwelling, approximately 30 metres to thenorthwest of the roof deck area. The main views from the proposed roof deckwill be towards the north over a public roadway and beyond across the valleyused for primary production.

Taking into account all the attributes the proposal satisfies PDC’s 9 and 13 (d)& (g) and 230 and 232.


The structure will be designed using core filled concrete block walling(approximately 190mm thick) which will also be designed to retain theexcavation. In addition a lighter wall construction material will be used for theprivacy screen to a maximum height of 1.7 metres above the finished floorlevel of the roof deck. The colour scheme of the walls will be similar to thedwelling which also includes a rendered finish painted light grey. The rollerdoor on the north-eastern elevation will be a darker colour (Colourbond“Woodland Grey) designed to reduce the visual impact of the structure andallow it to blend with the natural environment. On this basis the proposalsatisfies PDC’s 22 & 234 (a) & (b).

PDC’s 24 and 25 address setback criteria for any development. The proposedsetback for the building is 7.5 metres from the front road boundary. Eventhough not quite satisfying the requirement of a minimum of 8 metres, theproposed setback is not considered to be out of character with adjoiningdevelopment. The proposed development does not comply with the minimumof a 2 metre setback from the side boundary. However taking into account thesite limitations and minimal impacts on the adjoining land it is considered thisshould not be fatal to further assessment of this application. Thereforealthough, not completely satisfying the setback criteria as stated in PDCs 24and 25 the proposed development is considered to have merit.

Appearance of Land and BuildingsPDC 228 states development should take place which will minimise alterationto the existing land form. The allotment is on the high side of the road way andas identified a dwelling was constructed in approximately 2007. The result ofthat development has seen a significant alteration of the original land form.The proposed development is intended to be constructed on an excavated sitealready disturbed, in an attempt to minimise its visual impact. Due to thechanges in land form PDC 228 would not be satisfied.

Rural DevelopmentPDC 238 says buildings should be sited in visually unobtrusive locations whenviewed from the Norton Summit Road to ensure development does not detractfrom the desired natural character and appearance available from theroadway.

The road reserve adjacent the front boundary of the subject land isapproximately 6 metres in width, and has established native trees and shrubs.The presence of the road reserve vegetation will assist in reducing the visualimpact of the proposed development. Additional landscaping on the site inconjunction with the existing vegetation on the road reserve will assist in thescreening of the proposed development.

With assurance the vegetation will remain, along with the proposed colours theproposed development will satisfy PDC 238 and PDC 239.

Stormwater ManagementAll stormwater from the proposed development will be directed to the proposed22,730 litre underground concrete water storage tank. Any overflow from thetank will have to be managed on the site so as to not permit trespass onto


adjoining allotments or roadway including the effluent disposal area. Aproposed condition will be included to manage all stormwater.

Water Supply & Effluent DisposalThe site has an onsite effluent management system with the septic tanklocated on the opposite site of the allotment. Councils Environmental HealthOfficers have reviewed the site to ensure the existing effluent management isnot compromised by the proposed development.

Vegetation & Land ManagementAs discussed, the adjoining road reserve at the front of the allotment isapproximately 6m wide and currently has a dense cover of trees and shrubswhich will assist in the screening of the proposed development. In additiononce the applicants complete their landscaping visual impact of the proposeddevelopment will be reduced.

SUMMARY & CONCLUSION

Although the proposed development is forward of the dwelling and will result inextensive earthworks, the existing vegetation, along with the design and colour schemewill assist in reducing the visual impact of the proposed development. The proximity tothe common boundary of the proposed development is unlikely to have a significantimpact in relation to the amenity of the adjoining property owner or occupiers.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal is notseriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and seeks the CONCURRENCE of the Development AssessmentCommission to GRANT Development Plan Consent to Development Application13/184/473 by Aspex Building Designers for a Domestic outbuilding (5.6m x 7.3m x 3.5mwith roof top deck including 1.2m high balustrade & 1.7m high screen on roof), 22,730litres underground water storage tank & associated earthworks (non-complying) at 190Norton Summit Road, Teringie SA 5072 subject to the following conditions:

(1) Development In Accordance With the PlanThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:

Plans prepared by Aspex Designers Job Number WH12694 Dwg# PD01B& 2B Dated 2012 date stamped by Council, 11 July 2013:-

Site plan Elevation details


Statement of Effect prepared by Ben Green & Associates dated 12September 2013 date stamped by Council, 12September 2013 (REFIC13/13637)

(2) Appearance of BuildingsThe external finishes to the building herein approved shall be asfollows.WALLS: Concrete block work rendered and painted light grey to

match existing dwellingROOF: Bitumen coating or similarROLLER DOOR: Colourbond Woodland Grey

REASON: The external materials of buildings should havesurfaces which are of a low light-reflective nature and blend withthe natural rural landscape and minimise visual intrusion.

(3) The development herein approved shall be painted LIGHT GREY (tomatch the existing dwelling) within SIX months from construction. Thepainting of the development herein approved shall be maintained ingood condition at all times.

REASON: Alterations and additions to buildings should be designedand constructed to harmonise with the character of existing buildingsand re-used materials should be of good quality and painted a neutralshade.

(4) AmenityAll external lighting shall be directed away from residential developmentand, shielded if necessary to prevent light spill causing nuisance to theoccupiers of those residential properties.


(5) Erosion controlPrior to construction of the approved development hay bales (or othersoil erosion control methods as approved by Council) shall be placedand secured below areas of excavation and fill to prevent soil moving offthe site during periods of rainfall.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(6) Garages/ShedThe domestic outbuilding shall not be used for human habitation,commercial or industrial purposes. Any such activity may constitute achange in use and will require separate development approval. Humanhabitation includes overnight and week-end accommodation.


REASON: To ensure the proposed development is undertaken inaccordance with the approved plans

(7) Stormwater Management and TankAll roof runoff including the roof deck generated by the developmenthereby approved shall be treated on-site to the satisfaction of Councilusing design techniques such as: Rainwater tank/s with the overflow being directed to:

o Grassed swaleso Stone filled trencheso Small infiltration basins

Stormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managedon site with no stormwater to trespass onto adjoining properties or theroad edge or road surface.

REASON: To minimise erosion, protect the environment and to ensureno ponding of stormwater resulting from development occurs onadjacent sites including road edge and surface.



(2) The development herein approved involves work within close proximityto the boundary. The onus of ensuring development is in the approvedposition on the correct allotment is the responsibility of the landowner/applicant. This may necessitate a survey being carried out by alicensed land surveyor prior to the work commencing.



(5) A water storage tank (and any supporting structure) which:a) is not part of a roof drainage system; orb) has a total floor area exceeding ten (10) square metres; or


c) is not wholly above ground; ord) has a part higher than four (4) metres above the naturalsurface of the ground,will require Council approval.



9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Representations4. Response to representations5. Relevant Development Plan Zone provisions6. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Sandra Fawcett Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

DA473/184/2013 NC

Representor

Applicant

C C WhiteC C WhiteC C WhiteC C WhiteC C WhiteC C WhiteC C WhiteC C WhiteC C White030950810103095081010309508101030950810103095081010309508101030950810103095081010309508101

193981939819398193981939819398193981939819398190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD190 Norton Summit RD

TeringieTeringieTeringieTeringieTeringieTeringieTeringieTeringieTeringieCT6017/314CT6017/314CT6017/314CT6017/314CT6017/314CT6017/314CT6017/314CT6017/314CT6017/314

D D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L MottD D Lake & S L Mott030950950*030950950*030950950*030950950*030950950*030950950*030950950*030950950*030950950*

193991939919399193991939919399193991939919399188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD188 Norton Summit RD

TeringieTeringieTeringieTeringieTeringieTeringieTeringieTeringieTeringieCT5891/903CT5891/903CT5891/903CT5891/903CT5891/903CT5891/903CT5891/903CT5891/903CT5891/903

TERINGIETERINGIETERINGIETERINGIETERINGIETERINGIETERINGIETERINGIETERINGIE

NORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMITNORTON SUMMIT

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TERINGIE DRIVE

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ATTACHMENT 2


ATTACHMENT 3

REPRESENTATIONS

ATTACHMENT 4


ATTACHMENT 5

HF ZONE PROVISIONS

Objective 2: A zone accommodating low intensity agricultural activities and public/private openspace and one where structures are located and designed in such a way as to:(b) limit the visual intrusion of development in the zone, particularly when viewed from roadswithin the zone or from the Adelaide Plain;

Principles of Development Control

1 Development should not be undertaken unless:(a) it is associated with a low intensity agricultural activity, a public open space area or a privateuse of an open character, or is a detached single storey dwelling, including outbuildings andstructures normally associated with such dwellings, on a single allotment; and

2 The excavation and/or filling of land should:(a) be kept to a minimum so as to preserve the natural form of the land and native vegetation;(b) only be undertaken in order to reduce the visual impact of buildings, including structures, orin order to construct water storage facilities for use on the allotment; and(c) result in stable scree slopes which are covered with top soil and landscaped so as topreserve and enhance the natural character or assist in the re-establishment of the naturalcharacter of the zone.

3 Development should not be undertaken if the operation and management of suchdevelopment is likely to result in:(c) adverse impact on underground or surface water resources, including any environmentalflows required to meet the needs of the natural environment;

(k) the erection of structures or construction of access tracks and parking areas in a mannerwhich detracts from the landscape character and visual amenity of the zone;

(m) loss of amenity to adjoining land or surrounding localities from:

(i) the visual impact of buildings, structures or earthworks; or

(ii) the intensity of activity associated with any such use, including significant adverseimpacts arising from chemical spray drift, use of audible bird or animal deterrent devices,and the use of associated vehicles and machinery.

7 Buildings, including structures, should be located in unobtrusive locations and, in particular,should:(d) be set well back from public roads, particularly when the allotment is on the high side of theroad;(f) be sited on an excavated rather than a filled site in order to reduce the vertical profile of thebuilding;

8 Buildings, including structures should be unobtrusive and not detract from the desired naturalcharacter of the zone and, in particular:(a) buildings should be of a single storey;(b) the profile of buildings should be low and the roof lines should complement the natural formof the land;(c) the mass of buildings should be minimized by variations in wall and roof lines and by floorplans which complement the contours of the land;

(d) large eaves, verandahs and pergolas should be incorporated into designs to createshadowed areas which reduce the bulky appearance of buildings;

12 The number of outbuildings should be limited, they should be grouped together, located inunobtrusive locations and comply with previously mentioned principles of development controlrelating to location and design of buildings.

26 The following kinds of development are non-complying in the Hills Face Zone, includingalterations and additions to an existing building on its existing site:

Excavation where the depth of excavation of land exceeds 2.0 metres below natural groundlevel, except for the portion of a building that is fully underground, underground homes, pools,

underground tanks, cellars, pipelines and waste disposal and treatment systems

ATTACHMENT 6

COUNCIL WIDE PROVISIONS

OBJECTIVESObjective 1: Orderly and economic development.Objective 5: Prevention of the continued encroachment of urban development into rural areas.Objective 26: Development of compact extensions to existing built-up areas.Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.Objective 88: Buildings or structures unobtrusively sited and of a character and design whichblends naturally with the landscape.

PRINCIPLES OF DEVELOPEMTN CONTROL2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that landhaving regard to the location and condition of that land and the objectives for the zone in whichit is located.

4 Building development should not take place unless reasonable and effective precautions aretaken against risk of damage from ground instability.

7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve the naturalform of the land and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or toconstruct water storage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped to preserve andenhance the natural character or assist in the re-establishment of the natural character.

9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(d) by the loss of privacy; or(g) unsightly appearance.

22 Buildings should be clad in materials which are non-reflective and which do not detract fromthe amenity and character of the locality by reason of unsightly appearance.

23 Buildings should be deeply set-back from the road frontage to enable retention of the beautyand wooded character of the locality.

24 Other than Centre zones the following building set-backs apply to boundaries not being aboundary with a road:(a) one metre within Country Township and Residential Zones;(b) two metres within any other zone other than the State Heritage Area (Mount Torrens) Zone;

(c) as specified in the Principles of Development Control for development within the StateHeritage Area (Mount Torrens) Zone.

25 Other than in Centre zones buildings and structures should be set-back a minimum of eightmetres from the road boundary of an allotment. Where an allotment has multiple road frontages,buildings and structures should be set-back a minimum of eight metres from the major road and2.5 metres from the minor road(s).

228 Development should take place in a manner which will minimize alteration to the existing landform.230 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated.

232 Buildings should be sited unobtrusively and be of a character and design which will blendnaturally with the landscape.

234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape andminimize any visual intrusion.

234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape andminimize any visual intrusion.

238 Buildings should be sited in visually unobtrusive locations when viewed from the NortonSummit Road and Old Norton Summit Road to ensure such development does not detract fromthe desired natural character and appearance available from these roads.

239Existing substantial landscaping should be retained as an integral part of the design anddevelopment of new buildings.



Applicant: Hills Medical Service Landowner: Pennistone Pty Ltd

Agent: Hills Medical Service Ward: Mt Lofty WardDevelopment Application: 13/435/473 Originating Officer: Sandra Fawcett

Application Description: Variation to development authorisation 473/1080/2011 - torelocate access point to car park at rear of premises and vary layout plan of car parking.

Subject Land: Lot:57 Sec: 92 FP:158703CT:5535/958

General Location: 15 Fenchurch Road,Aldgate SA 5154


Zone/Policy Area: Country Living Zone

Form of Development:Merit

Site Area 1136 m²

Public Notice Category: Category 3Merit - no building rules required

Notice published in The Advertiser on2 August 2013

Representations Received: 2

Representations to be Heard: NIL

1. EXECUTIVE SUMMARYThe purpose of this application is to vary a component of application DA 11/1080/473approved by Staff on 3 April 2012. The applicants proposed to relocate the approvedaccess for the doctors’ only parking area at the rear of the surgery by approximately 4.5metres towards the creek along Theodore Lane.

The subject land is located within the Country Living Zone and is a merit form ofdevelopment. Two representations in opposition were received during the Category 3public notification period.

The application, due to the comments by the representors and the controversial nature ofthe use of Theodore Lane (particularly by vehicle traffic) has been requested by theDirector of Strategy and Development to be determined by the CDAP members.

The main issues relating to the proposal is the use of the Theodore Lane for vehicletraffic in conjunction with pedestrian access.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

Council Development Assessment Panel Meeting – 4 March 2014Hills Medical Centre13/435/473


Relocation of the approved access at the rear of the building a further 4.5 metrestowards the creek running under Theodore Lane.

Change to approved car park layout plan, maintaining the 3 approved parking spaces.


3. HISTORYAugust 28, 2008 08/506/473 Council approved change of use application

from kindergarten to consulting rooms (medical centre)

April 3, 2012 11/1080/473 Council approved alterations and additionsto an existing consulting room including replacement ofexisting stairs and deck (max. height 2.2 metres andretaining walls max. height 600mm and car parking (3) atthe rear.

The approved plans are included in Attachment 5.


AHC ENGINEERINGo Council acknowledges Theodore lane is on Councils Data List as a road.

o Limitations for use due to width.

o Roadway does not comply with current Australian Standard.

o Car parking should be in accordance with AS2890

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notification.Two representations were received opposing the proposal. Both were from theadjacent commercial property owners.

The issues contained in the representations can be briefly summarised as follows: Approved use of the lane vs current use of the lane. Direction of travel by vehicles. Car parking use and by whom. Devaluation of properties.


Copies of the submissions are included as Attachment 3 and the applicant’s responseto these is provided in Attachment 4.



i. The Site’s Physical CharacteristicsThe subject land is triangular in shape with an area of 1136 m², developed andcurrently being used as consulting rooms (medical centre). The medical centreis accessed from Fenchurch Road with a road frontage of approximately 5mwidening out to a rear boundary length of 33m adjacent the creek. Theallotment has an average length of 60m sloping gently from Fenchurch Roadtowards the ephemeral creek.

Theodore Lane runs parallel to the eastern boundary of the subject landbetween Fenchurch Road and Mt Barker Road however; vehicle traffic isprevented from travelling the full length of the lane due to the positioning ofbollards at the creek. Vacant land adjacent Theodore Lane is currently usedfor private vehicle parking from the rear of the vacant building (former use -physio) to Fenchurch Road a distance of 44 metres.

Doctors’ parking is provided at the rear of the medical centre accessible viaTheodore Lane.

ii. The Surrounding AreaThe surrounding land uses fall into two main categories – residential andcommercial. The Aldgate Neighbourhood Centre is adjacent the site in a northeasterly direction whilst to the south and west is predominantly residentialdevelopment on large allotments. A large area of garden is located to the westowned by the National Trust and provides a natural flood water repositoryarea. A number of local heritage properties exist within the locality with thenearest being a former boot maker shop at the Mt Barker Road end ofTheodore Lane, now part of the commercial strip of Aldgate.

iii. Development Plan Policy considerationsa) Country Living Zone Provisions

The subject land lies within the Country Living Zone and these provisionsseek:- a low density land use and associated ancillary development


PDC’s2, 19 & 23



Form of DevelopmentThe proposed variation is to relocate the approved access for the doctorsparking at the rear of the medical centre, 4 metres to the north of theallotment. The movement will minimise additional earthworks and retain anexisting tree on the site. The proposed changes to the car parking will notincrease the approved number of parks for the doctors on staff however thevariation will allow entry/exit in a forward direction to and from Theodore Lanewith the inclusion of a vehicle turning area on site.

Country Living (CL) Zone PDC2 and Council Wide Principle 9 statesdevelopment should not prejudice the residential amenity of the locality for anumber of reasons including traffic and car parking. Theodore Lane appearsas a pedestrian walkway particularly as traffic bollards have been installedadjacent the creek to prevent through traffic. However, the lane is currentlybeing used by vehicles to access existing private parking areas adjacentFenchurch Road on a daily basis. Many of the vehicles parked in the areabelong to staff/patients of the medical centre that previously had anarrangement with the land owners.

The parking by the doctors at the rear of their building provides three parkingspaces. The general nature of the doctor’s employment is they arrive duringam hours and do not depart until the end of a business day. Therefore vehiclemovements would be less than 8 per day. All movements will be in a forwarddirection ensuring the safety of all lane users.

An existing Council sign located approximately 30 metres along TheodoreLane implies the use of the lane for vehicles is common, as it reads“WARNING Vehicles Prohibited on Bridge –Pedestrian Traffic Only”. Access tothe rear parking is before the bridge which can only be used by pedestrians.

Council Wide (CW) PDC 58 also states development should include adequate,safe and convenient off street parking that does not interfere with the safetyand convenience of traffic on any road or thoroughfare. The doctors parking tothe rear of the medical buildings was previously approved on the basis of theminimal potential of additional vehicle movements. The existing design of thelane and the proposed design of the rear parking are unlikely to have asignificant impact on the existing lane uses. On this basis the proposalsatisfies this principle in addition to CL Principle 2 and CW Principle 3.

Movement of People and GoodsCL Zone PDC 19 states facilities for parking of vehicles should be on theallotment in a screened position which will not detract from the amenity of thelocality, or cause a nuisance to any person on an abutting allotment etc.

The proposed variation may have an impact on the use of the adjoiningallotment however at the time of the assessment the adjoining buildingformerly used by a physio was vacant. The building has a main entrance dooradjacent the creek and a small side access door adjacent Theodore Lane. Inaddition a sign advised clients to use the front door.


The relocation of the vehicle access point will see car movements past thesmall side door adjacent to Theodore Lane. Concerns raised by therepresentors that this is not desirable from a safety point of view, should betaken in context. The lane is currently used by pedestrians/joggers, bike riders,skate boarders and older people in ‘gophers’, at any time any person exitingthe door directly onto Theodore Lane risks the potential of an accident.In addition the sign as discussed above envisages vehicle movements as faras the bridge.

Due to the restrictive nature of Theodore Lane, along with the minimal dailyvehicle movements to and from the car park/s and the existing uses there is acurrent likelihood of conflict. However, with due diligence and maintainingsituational awareness by regular users this would be managed. Traffic calmingand further signage could be considered in educating users to reduce thelikelihood of conflict, but this is not part of the proposal.

The proposed car parking includes landscaping as per the previous approvalgranted for DA 11/1080/473. This is to be extended in this application with theinclusion of rock retaining walls as part of the delineation of the car park areas.The existing tree which will be retained as part of the variation, was to beremoved as part of the original consent.

Taking all considerations into context the proposal would satisfy PDC 19.

As there is no additional increase in vehicular traffic, only the redistribution ofexisting vehicle numbers, the proposal satisfies PDC 23.

b) Council Wide provisions seek to:- Ensure proper distribution and segregation of living, work and

recreational areas.


Objectives: 1PDC’s: 2, 3, 9, 13(e), 58 & 60


Form of DevelopmentCouncil Wide (CW) Objective 1 and Principle 2, states development should beorderly and economic. The use of the rear of the subject land for car parkingsatisfies a number of CW principles. The relocation of long term privateparking from the general public areas would be considered an economicalsolution to free up high demand parking spaces. Therefore the proposal onthis basis is considered to satisfy these provisions.

Principles 3 and 58 discuss the suitability of the land for the intended use andthe provision of safe and convenient off street parking. The existing buildinghas a commercial use and allocated parking spaces as the rear of the medicalcentre are adequate to permit three long-term parking positions and permit thevehicles to enter and exit the area in a forward direction. Therefore theproposal satisfies Principles 3 and 58.Principle 13(e) states development should not detrimentally affect thecharacter and amenity of its locality or cause a nuisance to the community - in


particular (e) – traffic generation. Car parking within the commercial area ofAldgate is a premium; the allocation of three long term parking positions to beused by the doctors will assist in minimising the current pressure on the publicparking areas. In addition, to previous discussion the use of the area forparking is not envisaged to have a significant affect the character of theneither locality nor impact on the amenity as the area adjacent the medicalcentre which is currently used for parking and the use of Theodore Lane for dvehicle movements is envisaged. Therefore the proposal satisfies thisprinciple.

Principle 60 states the development should be consistent with AustralianStandard AS2890 Parking Facilities. The applicants have demonstrated thatthe provision of three parking spaces and vehicle turning area can beaccommodated within the allocated area. A condition is recommended toensure construction of the carp park conforms with the standard.

Stormwater Management & any potential for FloodingThe proposed surface is permeable (gravel) and all drainage from the sitenaturally flows towards the creek at the rear of the property. Flood mappingindicates that a small portion of the allotment may become impacted by floodwaters adjacent the pedestrian bridge. The proposal is for car parking only andit is unlikely this land use will impede any flood waters moving across the site.

Transportation issuesThe area will be used by the doctors only for parking. It is expected they willarrive during am hours and generally stay to the end of the business daytherefore vehicle movements will be minimal. Theodore Lane is listed as aroad and taking into account the existing signage, vehicle movements alongthe lane are expected on a regular basis and the proposal does not changethis.

VegetationThe relocation of the access will permit an extension to the landscaping on siteand the retention of a mature gum tree. The position of the tree is not likely toimpact on the sight lines along Theodore Lane through its retention.

7. SUMMARY & CONCLUSIONAlthough the proposal and the original approval will result in the increase of vehiclemovements beyond where they are currently parked, existing signage and categorisationof the lane as a road envisages vehicle movements as far as the bridge. The areaproposed for doctor only parking will have minimal vehicle movement due to the nature oftheir employment. Potential conflict between other lane users and vehicles has been inexistence for a number of years and is unlikely to increase with the long term parkingprovision.Therefore the proposal is sufficiently consistent with the relevant provisions of theDevelopment Plan, and it is considered the proposal is not seriously at variance with theDevelopment Plan. In the view of staff, the proposal has sufficient merit to warrantconsent. Staff therefore recommend that Development Plan Consent be GRANTED,subject to conditions.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 13/435/473 by Hills Medical Service for Variation to developmentauthorisation 11/1080/473 - to relocate access point to car park at rear of premisesat 15 Fenchurch Road, Aldgate SA 5154 subject to the following conditions:

(1) Development In Accordance With the PlanThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:

Plans prepared by applicant date stamped by Council, 5 November2013:- Site plan

REASON: To ensure development in accordance with approved plan

(2) AmenityAll external lighting shall be directed away from residential developmentand, shielded if necessary to prevent light spill causing nuisance to theoccupiers of those residential properties.


(3) Car parking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructedof compacted gravel or bitumen or brick paved prior to occupation andmaintained in good condition at all times to the reasonable satisfactionof the Council

REASON: To provide adequate, safe and efficient off-street parking forusers of the development


NOTES



9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Representations4. Applicant’s response to representations5. Approved DNF and stamped plans 473/1080/20116. Relevant Development Plan Zone provisions7. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Sandra Fawcett Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

DA473/435/2013

Applicant

Representor

C J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R WeatheraldC J Weatherald & D R Weatherald3301364207A00303301364207A00303301364207A00303301364207A00303301364207A00303301364207A00303301364207A00303301364207A00303301364207A0030

185051850518505185051850518505185051850518505202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD202 Mount Barker RD

AldgateAldgateAldgateAldgateAldgateAldgateAldgateAldgateAldgateCT5166/453CT5166/453CT5166/453CT5166/453CT5166/453CT5166/453CT5166/453CT5166/453CT5166/453

Pennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty LtdPennistone Pty Ltd330134800433013480043301348004330134800433013480043301348004330134800433013480043301348004

12067120671206712067120671206712067120671206715 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD15 Fenchurch RD

AldgateAldgateAldgateAldgateAldgateAldgateAldgateAldgateAldgateCT5535/958CT5535/958CT5535/958CT5535/958CT5535/958CT5535/958CT5535/958CT5535/958CT5535/958

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ATTACHMENT 2

PROPOSAL PLAN

ATTACHMENT 3

REPRESENTATION

ATTACHMENT 4

RESPONSE TO REPRESENTATION

ATTACHMENT 5

APPROVED DNF AND STAMPED PLANS473/1080/2011

ATTACHMENT 6

RELEVANT COUNTRY LIVING ZONE PROVISIONS

2 Development should not prejudice the residential amenity of the locality by its bulk,appearance and scale, by display of advertising signs, or by traffic and car parking congestion,noise or other emissions from, or related to, development.

19 Facilities for parking of vehicles should be provided on the allotment in a screened positionwhich will not detract from the amenity of the locality, or cause nuisance to any person on anabutting allotment, or interfere with the free flow of traffic in adjoining streets whose capacity isto be sufficient to accommodate any additional flow of traffic to and from the proposeddevelopment.

23 Development should not add to traffic or car parking congestion in nearby residential streets.

ATTACHMENT 7


OBJECTIVESObjective 1: Orderly and economic development.

PRINCIPLES OF DEVELOPMENT CONTROL

2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that landhaving regard to the location and condition of that land and the objectives for the zone in whichit is located.

9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(e) traffic generation;

58 Development should include adequate, safe and convenient off-street car parking that doesnot interfere with the safety and convenience of traffic on any road or thoroughfare.

60 Development should be consistent with Australian Standard AS2890 Parking Facilities.



Applicant: KeyInvest Ltd Landowner: KeyInvest Ltd

Agent: Jensen Planning Ward: Onkaparinga Valley WardDevelopment Application: 13/920/473 Originating Officer: Melanie ScottApplication Description: Construction of 32 dwellings in association with retirementvillage, removal of 3 regulated trees & associated earthworks to be constructed in fourstages; Stage 2B ten dwellings, Stage 3A eight dwellings, Stage 3B six dwellings andStage 3C eight dwellings to be completed in five years.Subject Land: Lot:100 Sec: P5029DP:58144 CT:6007/536

General Location: 18 Tolmer Road,Woodside SA 5244


Zone/Policy Area: Country Township(Woodside) Zone - Residential Policy Area

Form of Development:Merit

Site Area: 4.4hectares

Public Notice Category: Category 3Merit

Notice published in The Advertiser on 6December 2013

Representations Received: Nil

Representations to be Heard: Nil

1. EXECUTIVE SUMMARYCouncil granted planning consent for 87 units in the Woodside Rertirement Village on16 June 2004. 34 dwellings have been built. As the original application was notstaged and was approved eight years ago, a fresh application for the remainder isrequired.

The purpose of this application is for the construction of 32 units (stages 2B, 3A, 3B &C). Should this be approved this would represent 80% of the capacity of the originalapproval. The remainder would be the subject of a future application.

The subject land is located within the Country Township (Woodside) Zone -Residential Policy Area Zone and is a merit form of development. There were norepresentations received during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for this application inaccordance with Council’s Delegations policy, point “6) Development applications formajor developments which meet the following criteria: …Construction value of $2.5million.”

The main issues relating to the proposal are earthworks, vegetation removal, unitorientation and timing.

In consideration of all the information presented, and following an assessment againstthe relevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subjectto conditions:

Council Development Assessment Panel Meeting – 4 March 2014KeyInvest Ltd13/920/473


Removal of three regulated trees(2 x Eucalyptus viminalis & 1 x Eucalyptuscamaldulensis).

Construction of 32 units. Each unit contains two bedrooms, either a single ordouble garage and some include a study.

Associated earthworks and roadworks

Stage 2B – 10 dwellings

Stage 3A – 8 dwellings

Stage 3B – 6 dwellings

Stage 3C – 8 dwellings

Time frames being confirmed prior to report being printed.


3. HISTORYJuly 16, 2001 01/D39/473 Council approved a land division to

create one additional allotment. Land was part of alarger parcel to south which was Watershed PrimaryProduction and had the part divided off that was zonedCountry Township Woodside.

February 3, 2003 02/D21/473 Council granted DPC for a land divisionfor 37 allotments. No building rules applicationsubmitted. Application lapsed.

June 16, 2004 04/179/473 Council granted DPC for construction ofa retirement village - 87 units & associated residentialcommunity centre, and the removal of six significanttrees.

July 13, 2006 06/139/473 amendment of DA 473/179/04; reductionof number of residential units from 87 to 83; alterationto landscaping plan retaining five (5) additional treesand removing one (1) significant gum tree, grantedDPC.

January 10, 2007 06/1131/473 advertising signage - 1 (one) sign(measuring 3.6m x 1.6m with 3m overall height)

March 19, 2008 08/74/473 erection of a fence (combination miniorbwith timber posts and tubular steel) extending full lengthof front property boundary of existing retirement village(south of main entrance only).

January 20, 2010 09/293/473 for variation to developmentauthorisation 04/179/473 to remove two dwelling siteswithin stage 2, alter roadways and to establish ascreened caravan parking area in association with anexisting retirement village

December 16, 2009 09/1026/473 masonry wall (measuring 2.65m height)enclosing service area

June 7, 2011 11/235/473 removal of 2 x significant trees(Eucalyptus Leucoxylon) and pruning of 10 significanttrees


August 5, 2011 10/823/473 Variation to 473/179/2004 - to vary Stage2a, layout of units & roadways, retaining walls(maximum height 1m) and associated earthworks.

January 19, 2012 11/1111/473 variation to development authorisation473/823/10 to vary layout of units 24 & 25

July 13, 2012 12/502/473 community use outbuilding 6.2m x 9.2mx 3.0m

The original application for the site was the subject of intense public scrutiny. Inresponse to the global economic situation a number of extensions of time weregranted to the original application and a number of minor variations approved. Earlyin 2013 an approach was made to Council regarding an additional tree removal toenable the relocation and reorientation of one cluster of dwellings. Council and theapplicant agreed it was time to reassess the application, including an opportunity forpublic comment and provide some clarity around the likely completion date. Thisapplication includes one new element, an additional tree removal. Further it givessome certainty to Council regarding likely completion dates. Whilst there will be afurther application on the site, the dwellings proposed in this application areintended to be completed within three years.


AHC Natural Resources OfficerCouncil’s Natural Resources Officer has reviewed the proposal and thelandscaping plan and has no issues with the proposal.

AHC EngineeringCouncil’s Engineering department have no issues with the proposal.

AHC Community ServicesCouncil’s Community Services department have reviewed the proposal froman aged services point of view and have suggested some consideration begiven to accessibility and capacity for residents to age in place.


AHC EHUCouncil’s Environmental Health Officer has confirmed the Department ofHealth approved a wastewater management system to connect to CouncilCWMS in July 2007.

5. CONSULTATIONThe application was categorised as a Category 3 form of development inaccordance with Section 38(2)(c) of the Development Act 1993 requiring formalpublic notification and a public notice. No representations were received.

The applicant or their representative – David Barone from Jensen Planning may bein attendance.



i. The Site’s Physical CharacteristicsThe subject land is 4.3 hectares in area and is partially developed as aretirement village. The land slopes upwards from the north western cornerto its highest point in the south eastern corner. Completed development isconcentrated in the western half of the site. The south eastern quadrant ofthe land contains a number of large native trees and is largely undevelopedat this time.

ii. The Surrounding AreaThe site is on the edge of the Country Township Zone Woodside withWatershed Primary Production Zoned land directly to the south and east.The northern and western boundaries adjoin residential properties inWoodside with an average lot size of around 900m2.

iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Residential Policy Area of the CountryTownship Woodside Zone and these provisions seek:

Residential Policy Area- to protect the amenity of the entrance to Woodside along

Onkaparinga Valley Road- ensure safe and convenient access to major roads is not impacted

and services are provided in a safe and convenient manner.


Objectives: 2PDC’s:

The Country Township Woodside Zone- expansion of residential areas to include a range of allotment sizes

and some medium density development.- protection of the amenity of the Onkaparinga Valley Road gateway

to the township


Objectives: 2, & 7PDC’s: 1

The proposal is to construct units which were previously approved ofalmost identical nature on the site.

Accordance with ZoneAs the proposal offers a range of dwelling types on smaller allotments thanusual in Woodside it is in accordance with Objectives 2 and 6. As theproposal has no frontage to the southern gateway to the township it is inaccordance with Objective 7.


PDC 1 shows the land proposed for the development as living and as suchthe proposal is in accordance with PDC 1.


The Council Wide provisions of relevance to this proposal seek (insummary):

- Orderly and economic development with a variety and choice ofdwelling types to meet the needs, preferences and budgets of manycompeting needs. Further they seek a pleasant environment enhancingurban development within existing township boundaries.-The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 2, 4, 5, 14, 19, 20, 22, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34,66, 67, 73, 77, 78, 87, 106, 107, 113, 119, 121, 122, 126, 128,PDC’s: 1, 2, 3, 4, 7, 8, 9, 10, 13, 15, 16, 18, 19, 20, 21, 22, 46, 47, 49,63, 65, 67, 69, 71, 75, 76, 77, 78, 80, 82, 87, 91, 94, 97, 100, 101, 194,198, 201, 202, 208, 209, 227, 28, 229, 230, 232, 233, 234, 236, 237, 239,243, 300, 302, 305, 306, 332, 333, 358, 366, 369, 374.

Refer to Attachment 5 for the relevant Council Wide provisions

Form of Development

The subject land is in the area envisaged for residential development inaccordance with Objective 1 of the policy area provisions. Further as theland is not located on Onkaparinga Valley Road the proposal is inaccordance with Objective 7 of the Zone and Council Wide Objective 1regarding orderly and economic development.

The proposal is an extension of the existing use of the land and wasenvisaged in the original approval for the land in 2006. Economic realitieshave led to a more sedate development of the project than originallyenvisaged. A total of 87 dwellings were given Development Plan Consentoriginally and subsequently amended to 83. 34 have been built over thepast 7 years. This application proposes a further 32 to be built over thenext 3 years. A further application will be lodged in the future for thebalance. By offering a range of dwelling styles on smaller allotments theproposal is in accordance with Objective 2 of the zone provisions.

The proposed 32 dwellings are similar in nature to those already on siteand offer a range of layouts in accordance with Council Wide Objectives26, 27, 28 66 and 67. The orientation of some of the buildings haschanged, but they are largely in a similar configuration and position inaccordance with Council Wide PDCs 77 and 78. The chosen finishes andstyles of building will blend with those already constructed and with thesurrounding myriad of building styles in Woodside in accordance withCouncil Wide PDCs 22, 76 and 77. The site is undulating and the proposalhas been modified from the previous approval to better work with theundulations in accordance with Council Wide PDCs 82 & 87. Theproposed changes have also ensured a level of privacy for the tenants andthe gentle slopes and leafy nature of the locality is enhanced byunderground power in accordance with Council Wide PDCs 80 & 198.


Residential DevelopmentCouncil Wide PDCs 94, 97, 100 & 101 require consideration of the needsof aged and disabled persons. By clustering the development, agedpersons will be close to a similar aged network whilst a short walk away areother residential properties, a significant sporting complex and shoppingand service centre, making the proposal compliant with these provisions.

The provision of 6 different dwelling layouts ensures choice in both designand cost, in accordance with Council Wide PDC 16.

The site is gently sloped and the internal roads and proposed walkingpaths generally run along contour lines minimising the potential for steepgradients. The proposal is within the boundary of the Country Township ofWoodside and is therefore compliant with Council Wide PDC 194.

Stormwater Management & any potential for Flooding, Subsidence orErosion of the landThere has been no change to the stormwater layout previously approved.The applicant provided a letter of support from Tonkin Engineering whichdetailed their analysis of the proposed amendments for both earthworksand stormwater management - “It was found that variations to thedevelopment will not compromised the stormwater design and noalterations are required to the existing drainage system.” The proposal istherefore in accordance with Council Wide PDCs 4, 7, 10, & 13.

Water Supply & Effluent DisposalThe proposal will connect via three main tanks to Council’s CWMS as peran approval by Department of Health dated July 2007. The proposal is inaccordance with Council Wide PDCs 19, 20, 21 & 69.

Solid Waste DisposalThe site is serviced by the Council’s waste collection service. No changesare proposed and the proposal is therefore in accordance with CouncilWide PDCs 63 & 75

Transportation issuesThe proposal is in accordance with Council Wide PDCs 46, 47 & 49 asthere are no additional traffic impacts above those described in the originalproposal and only the one access point to public roads is described.

Fire Protection issuesThe site is in a BAL 12.5 area. The original application had a water and fireservices plan approved by the MFS and SA Water which included fourhydrants that have been installed. The proposal is in accordance withCouncil Wide PDCs 300, 302 & 306.

Vegetation & Land ManagementThe site has been a construction site for some 7 years. The easternboundary has large pine trees. The subject land contains 17 regulatedtrees and 9 significant trees. This proposal includes the removal of 3regulated trees, two Eucalyptus viminalis and one Eucaluptuscamaldulensis. It should be noted 2 of these have been previouslyapproved for removal (trees 38 & 39 Eucalyptus viminalis). As the subjecttrees are regulated the proposal is in accordance with Objective 113.Examination of the tree report submitted by the applicant from TreeTechnique demonstrates the relationship between each of the trees and


objective 113 and PDC 334. Trees 38 & 39 propose a risk to people andproperty and do not present high retention value. Tree 40 has poor formso does not make a significant contribution to the visual amenity of thelocality, had no habitable hollows and has poor health. On balance itsremoval is considered reasonable. Further Council’s Natural ResourceOfficer has agreed the proposed tree removals are in accordance withCouncil Wide PDCs 208 and 209. A landscaping plan has been proposedwhich meets the requirements of Council Wide PDC 202 as it proposessignificant replanting, consolidating and enhancing the remainingsignificant and regulated trees on site.

7. SUMMARY & CONCLUSIONThe proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with theDevelopment Plan. In the view of staff, the proposal has sufficient merit to warrantconsent. Staff therefore recommend that Development Plan Consent be GRANTED,subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposalis not seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 13/920/473 by KeyInvest Ltd for Construction of 32dwellings in association with retirement village, removal of 3 regulated trees &associated earthworks to be constructed in four stages; Stage 2B tendwellings, Stage 3A eight dwellings, Stage 3B six dwellings and Stage 3Ceights dwellings at 18 Tolmer Road, Woodside SA 5244 subject to the followingconditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:

Submissions from Jensen Planning dated 28 October 2013 and 3December 2013

Report from Tree Technique dated 11 October 2013 Landscape Concept Plan from Jensen Planning and Design dated

October 2013 Submission from Tonkin Engineering dated 14 October 2013 Floor plans for Charleston 2, Oakbank 2, Woodside 2, Lenswood,

Verdun 2 and Balhannah date stamped by Council 31 October 2013 Drawings SK01 & 02 dated 13 February 2014 job number 04/4014D

from Walter Brooke Drawings from Tonkin Consulting job number 2012.1274 sheets

numbered 2, 3 &4 Revision 1



(2) Timing For Landscaping To Be PlantedLandscaping detailed in the Landscape Concept Plan from Jensen Planning andDesign dated October 2013 shall be planted in the planting season followingdevelopment approval for each of the stages and maintained in good health andcondition at all times. The new feature trees should be planted immediately afterstage 2b approval is obtained. The remaining plantings should be planted atcompletion of each stage they related too. Any such vegetation shall be replaced ifand when it dies or becomes seriously diseased, in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality in which thesubject land is situated and ensure the survival and maintenance of the vegetation.


This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appealhas been commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the Development Plan Consent, or a freshdevelopment application will be required. The twelve (12) monthperiod may be further extended by written request to, and approval byCouncil. Application for an extension is subject to payment of therelevant fee.

(2) Management of the property during construction shall be undertakenin such a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Relevant Development Plan Policy Area provisions4. Relevant Development Plan Zone provisions5. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Melanie Scott Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3


1 Development should be in accordance with the Woodside Structure Plan Map AdHi/1 (Overlay1) ENLARGEMENT D.

ATTACHMENT 4


Objective 2: Expansion of residential areas to include a range of allotment sizes and somemedium density development.

Objective 7: Retention of existing character of the southern gateway to the township withoutintrusion from additional housing.

ATTACHMENT 5


Objective 1: Orderly and economic development.Objective 2: A proper distribution and segregation of living, working and recreational activities bythe allocation of suitable areas of land for those purposes.Objective 4: The retention of the country town character and protection of the surroundingwatersheds and primary production land from urban development.Objective 5: Prevention of the continued encroachment of urban development into rural areas.Objective 14: A compatible arrangement between land uses and the transport system whichwill:(a) ensure minimal noise and air pollution;(b) protect amenity of existing and future land uses;(c) provide adequate access;(d) ensure maximum safety; and(e) protect roadside vegetation.Objective 19: Local residential roads free from through traffic.Objective 20: The safe and efficient movement of people and goods.Objective 22: Economy in the provision of public services.Objective 24: The construction of drainage works with minimum intrusion on areas of naturalbeauty.Objective 26: Development of compact extensions to existing built-up areas.Objective 27: A variety and choice of dwelling types to meet the needs and preferences of allsections of the community.Objective 28: Containment of housing costs through the encouragement of a full range ofdesign and development techniques.Objective 29: Safe, pleasant, convenient and efficient residential zones.Objective 30: A wide range of choice of types of housing enabling aged persons to move intoaccommodation suited to their needs.Objective 31: Housing located where aged persons can be an integral part of the localcommunity and with convenient access to public transport, shops and community services.Objective 32: Housing well distributed, with adequate provision in areas having a large numberof aged persons.Objective 33: Housing which is appropriately landscaped to maintain or enhance the amenity ofthe locality.Objective 34: Housing designed for the comfort, safety, security and well-being of aged persons.Objective 66: Development of an urban character outside the metropolitan urban areacontained in Country Townships.Objective 67: Development of Country Townships contained within defined boundaries.Objective 73: The preservation of trees of historic, local, or particular visual significance.Objective 77: The conservation and preservation of the rural character, scenic amenity andbushland of the area.Objective 78: Buildings and other structures sited on allotments in a manner which minimizes therequirement to clear or remove native vegetation.Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.Objective 106:Development should minimise the threat and impact of bushfires on life andproperty while protecting the natural and rural character.Objective 107:Buildings and the intensification of non-rural land uses directed away from areas ofhigh bushfire risk.

Objective 113: The conservation of significant trees in Metropolitan Adelaide which provideimportant aesthetic and environmental benefit.Objective 119: Protection of the quality and quantity of South Australia’s surface waters (inland,marine and estuarine) and underground waters.Objective 121:Management and rehabilitation of watercourses floodplains and wetlands toprotect and improve:(a) water quality;(b) flow;(c) environmental values and ecological functions of watercourse habitat; and(d) the movement or migration of aquatic biota7.Objective 122: Development which:(a) ensures surface run-off promotes the restoration of natural flow regimes;(b) prevents soil erosion and water pollution;(c) protects stormwater from pollution sources;(d) protects environmental flows required to meet the needs of the natural environment;(e) protects water quality and riparian zones8 by providing adequate separation distances fromwatercourses9, and other water bodies;(f) protects water quality from problems associated with salinity;(g) maintains natural hydrological systems and existing indigenous vegetation;(h) maintains natural water storage capacity whether temporary or permanent; and(i) protects aquifers10, particularly recharge zones and their dependent ecosystems11.Objective 126:Dams, walls or other water collection or diversion mechanisms constructed andmanaged in a manner which:(a) protects catchment14 water quality and quantity;(b) provides sufficient water during low flow periods for downstream dependent ecosystems;(c) allows migration of aquatic biota; and(d) protects and enhances amenity.Objective 128:Storage and/or use of water including treated wastewater and/or imported water16which avoids adverse impact on public health, water, soil and their dependent ecosystems.

Provisions of Development Control1 Development should be in accordance with the Adelaide Hills Structure Plan, Map AdHi/1 (Overlay 1).2 Development should be orderly and economic.3 Development should take place on land which is suitable for the intended use of that land having regardto the location and condition of that land and the objectives for the zone in which it is located.4 Building development should not take place unless reasonable and effective precautions are takenagainst risk of damage from ground instability.7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve the natural form of theland and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or to construct waterstorage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped to preserve and enhancethe natural character or assist in the re-establishment of the natural character.8 Extensions of built-up areas should not be in the form of ribbon development along roads.9 Development should not take place in a manner which will interfere with the effective use of other land inthe locality and which will not prevent the attainment of the objectives for that other land.10 Development should not be undertaken on land subject to flooding as shown on Figures AdHiFPA/1 to19, or within other areas subject to flooding or inundation by a 100 year return period flood event, unlessbuildings are designed and constructed to prevent the entry of floodwaters from a 1 in 100 year averagereturn interval flood event.13 Development should not detrimentally affect the character or amenity of its locality or cause nuisanceto the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or

(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal where required;or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.15 Development should not be undertaken if the construction, operation and/or management of suchdevelopment is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.16 New housing and other urban development should:(a) be limited to infilling of existing built-up areas and compact extensions within defined boundaries;(b) be located so as to achieve economy in the provision of public services; and(c) create a safe, convenient and pleasant environment in which to live.18 Development should not be undertaken where the overall natural slope of the allotment is greater than1 in 4.19 Septic tanks should:(a) not be installed where effluent is likely to lead to pollution of surface or underground water;(b) be installed on allotments large enough to allow disposal of effluent within the allotment boundaries;and(c) be located so as to permit the most effective (in accord with SA Water and South Australian HealthCommission standards) disposal of effluent within the allotment, notwithstanding other design and sitingprinciples.20 Effluent and other waste materials from development should be capable of being treated and disposedof without risk to health, or impairment to amenity.21 Activities which produce large amounts of waste water should not be established unless they can beconnected to an approved sewerage or common effluent scheme.22 Buildings should be clad in materials which are non-reflective and which do not detract from theamenity and character of the locality by reason of unsightly appearance.46 Development should not generate pedestrian or vehicular traffic onto or across an arterial road as toimpair the movement of traffic on that road or to cause safety hazards.47 Development should not generate significant increases in traffic in adjacent residential areas andshould discourage people from travelling through residential areas.49 Development should provide safe and convenient access for private cars, cyclists, pedestrians, servicevehicles, emergency vehicles and public utility vehicles, and be consistent with the concept plan forrelevant centres.63 Buildings and structures associated with the supply and maintenance of public utilities should begrouped with non-residential development where possible and utility buildings such as transformer stationsand pumping stations should be designed, landscaped and maintained to minimize adverse effects on thelandscape or the amenity of adjacent land uses.65 Underground power connections should be made.67 Development should only be undertaken where demands placed on essential services such as watersupply, common effluent drains or electricity can be met by existing facilities.69 Development should be connected to a sewer or common effluent drain whenever these facilities areavailable.71 Residential zones and areas should be developed with housing to meet the needs of the community.75 Residential development should not create conditions which are likely to exceed the capacity ofexisting roads, public utilities, and other community services and facilities.76 Development in a residential zone should not impair the character or amenity of the locality as a placein which to live.77 Residential buildings should be located and designed so as not to unreasonably impair privacy andaccess to incident solar radiation:(a) for adjacent properties; and(b) for each dwelling and private open space.78 Landscaping of development in residential zones or areas should:(a) enhance residential amenity;(b) screen storage, service and parking areas;

(c) provide protection from sun and wind; and(d) not unreasonably affect adjacent land by shadow.80 Residential development should:(a) not have a significant adverse effect on safety and amenity due to generation of through traffic;(b) provide for safe and efficient distribution of traffic;(c) provide for safe and convenient movement for pedestrians and cyclists, including aged, young anddisabled persons;(d) provide for easy access for emergency and essential service vehicles; and(e) be designed to minimize the adverse effects of adjacent traffic movement.82 Residential development should minimize the potential for personal and property damage arising fromnatural hazards including landslip, bushfires, and flooding.87 Residential buildings should be primarily of single storey design, and split level design on sloping sitesand, in particular:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located to not be visible against the skyline when viewed from roads within the zone;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) have the roof line below the lowest point of the abutting road when the allotment is on the low side ofthe road;(f) be sited on an excavated rather than a filled site in order to reduce the vertical profile of the building;and(g) material colours and finishes to be used in the construction of a dwelling or structure, shouldcomplement those of surrounding developments.91 Not more than half the space around multiple dwellings and residential flat buildings should be used forcar parking and driveways.94 Aged persons dwellings should be located close to other residential development to enable agedpersons to be an integral part of the local community.97 Medium density development should complement the character of the zone and protect its amenity.100 Development designed specifically for aged or disabled persons should:(a) be designed for the safety and convenience of people with impaired mobility, eye sight, and hearingand or other disabilities;(b) be in locations where there is good access to essential community services and facilities, includingpublic transport, shops, health and welfare centres and meeting halls;(c) not be in locations where convenient movement is likely to be restricted by steep slopes;(d) be provided with on-site services and facilities, living and communal areas, and open space to suit theneeds of aged or disabled residents;(e) be designed with human scale and be of a residential character;(f) be designed to ensure services such as group mail boxes and waste disposal areas are placed withineasy walking distance of all dwelling units; and(g) not be located on sites of steep gradients.101 Development designed specifically for aged or disabled persons should be clustered together so as toprovide suitable private areas of open space, and suitable service areas, and the various groups ofbuildings should be surrounded by large areas of public or semi-public open space.194 Development of Country Townships should be contained within defined boundaries.198 The erection of residential flats buildings, group dwellings and multiple dwellings should:(a) ensure the privacy of neighbouring property owners not being adversely affected;(b) ensure adequate space is provided for the parking of tenants' and visitors' cars;(c) ensure landscaping is undertaken to minimize any adverse impact of the development; in particular,the development should be satisfactorily screened from adjoining residential areas;(d) ensure the demands placed on essential services (water, sewer and electricity) being met fromexisting facilities;(e) ensure the space provided for manoeuvring vehicles on the site and to and from the site beingadequate;(f) ensure the scale and design of buildings being appropriate to the character of other development in thelocality;(g) ensure the safe and free movement of pedestrians and vehicular traffic along roads not beingjeopardised; and(h) ensure the development being close to community facilities.201 Development should be undertaken with the minimum effect on natural features, land adjoining wateror scenic routes or scenically attractive areas.202 Natural vegetation should be preserved and replanting should take place.

208 Native vegetation should not be cleared if it:(a) provides important habitat for wildlife;(b) has a high plant species diversion or has rare or endangered plant species and plant associations;(c) has high amenity value;(d) contributes to the landscape quality of an area;(e) has high value as a remnant of vegetation associations characteristic of a district or region prior toextensive clearance for agriculture;(f) is associated with sites of scientific, archaeological, historic, or cultural significance; or(g) is growing in, or is characteristically associated with, a wetland environment.209 When clearance is proposed, consideration should be given to:(a) retention of native vegetation for, or as:(i) corridors or wildlife refuges;(ii) amenity purposes;(iii) livestock shade and shelter; or(iv) protection from erosion along watercourses and the filtering of suspended solids and nutrients fromrunoff;(b) the effects of retention on farm management; and(c) the implications of retention or clearance on fire control.227 Development should take place in a manner which will not visually interfere with the achievement ofthe objective for an area or, otherwise the existing character of scenically or environmentally importantareas, or areas which are prominently visible from other land or which are frequented by the public.228 Development should take place in a manner which will minimize alteration to the existing land form.229 Excavation and earthworks should take place in a manner that is not extensively visible fromsurrounding localities.230 The appearance of land, buildings and objects should not impair the amenity of the locality in whichthey are situated.232 Buildings should be sited unobtrusively and be of a character and design which will blend naturallywith the landscape.233 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges.234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape and minimize anyvisual intrusion.239 Existing substantial landscaping should be retained as an integral part of the design and developmentof new buildings.243 Subject to proper regard to bushfire hazards, trees and other vegetation should be retained orincluded with development.300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes, narrowridge crests and the tops of narrow gullies, and slopes with a northerly or westerly aspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres from existinghazardous vegetation; and(c) have a dedicated and accessible water supply available at all times for fire fighting.302 Buildings and structures should be designed and configured to reduce the impact of bushfire throughusing simple designs that reduce the potential for trapping burning debris against the building or structure,or between the ground and building floor level in the case of transportable buildings.306 Development in a Bushfire Protection Area should be in accordance with those provisions of theMinister’s Code: Undertaking development in Bushfire Protection Areas that are designated as mandatoryfor Development Plan Consent purposes.332 Development should have minimum adverse effects on regulated trees.333 A regulated tree should not be removed or damaged other than where it can be demonstrated thatone or more of the following apply:(a) the tree is diseased and its life expectancy is short;(b) the tree represents a material risk to public or private safety;(c) the tree is causing damage to a building;(d) development that is reasonable and expected would not otherwise be possible;(e) the work is required for the removal of dead wood, treatment of disease, or is in the general interestsof the health of the tree.358 Development should not have any adverse effect on:

(a) the quantity and quality of groundwater;(b) salinity levels of groundwater;(c) the depth and directional flow of groundwater;(d) the quality and function of natural springs;(e) soil, through water logging or the release of toxic elements(f) within the ecosystem; and(g) dry-land salinity levels.366 Stormwater management systems should be designed and located to:(a) improve the quality of receiving waters;(b) protect existing native vegetation;(c) prevent erosion;(d) protect receiving waters from high levels of flow; and(e) avoid adverse impacts on built structures.369 The rate and duration of stormwater discharged into a watercourse should be managed by:(a) retention for reuse ; and/or(b) use of detention mechanisms and/or detention in a detention basin.374 Stormwater systems should be located and designed to minimise the impact of stormwaterdischarges on streams by mitigating peak flows and providing erosion protection at entry points.

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 4 … · 2014. 2. 25. · provided accommodation for...

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Transcript of COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 4 … · 2014. 2. 25. · provided accommodation for...