FROM: Assessment Manager DATE: 6 December 2017 … 3... · commercial in nature with a mix of...

City of Charles Sturt 35. CAP Report 6/12/17

TO: Council Assessment Panel

FROM: Assessment Manager

DATE: 6 December 2017

HINDMARSH WARD

3.69 31 DRAYTON STREET BOWDEN SA 5007

Applicant MrJ Lentakis

Development Application No 252/2634/17

Proposal Change in land use from existing vacant site to cellar

door/tasting facility, warehouse and ancillary uses.

Alterations to existing State Heritage building.

Owner of land Catnip Investments Pty Ltd,

Robert James Simpson Giles Gavin Walkely Jack (1988)

Pty

Ltd, Wheaton (1992) Pty Ltd

Legal Description Lot 5 FP 125523 Vol 5481 Fol 772

Additional Properties No related Properties

Additional Legal Descriptions No related Land

Zone Urban Core Zone

Form of assessment Schedule 10 - Government Assessment

Agency consultations N/A

Author John Tarasiuk - Development Officer (Senior Planner)

Attachments Development Plan provisions table

Application documents

Development Plan 5 May 2016

Recommendation Advise State Commission Assessment Panel (SCAP)

that Council supports the development with conditions


Report

Background

The former Way Memorial Church building has state heritage listing. The building was erected in 1851 and was sold off by the church in 1949. Since the original church use, the

building has been used for the manufacturing of various products. The building has

remained vacant since 1989.

Pursuant to Schedule 10 of the Development Regulations, the State Commission Assessment

Panel (SCAP) is the relevant planning authority. Council has six weeks to provide comments

and a recommendation to the SCAP to aid their decision.

Council's Development Act 1993 delegations policy require any decision which involves

potentially licenced premises including advice or comments to the SCAP to be determined

by the CAP.

SCAP will undertake referral of the application to Heritage SA and consider their advice in

relation to the building alterations.

Proposal

The application seeks approval to change the land use of the former Way Memorial Church

building (currently vacant since 1989) to a cellar door and tasting facility, with small scale

wine making with associated bar and office and storage.

The proposal seeks some internal and external alterations to the building including repair

work to the existing roof as well as installation of new doors and a new large sliding door

and opening to the eastern elevation.

Site/Locality

The site is made up of a regular shaped allotment with a total area of 1130 square metres

with 33.5 metre frontages to both Drayton Street and Sixth Street. The land comprises of the

State Heritage listed former Way Memorial Church building which has remained vacant

since 1989.

The site is located within the Urban Core Zone and is located adjacent to the Urban

Employment Zone (formerly the Industry Zone). The immediate locality is currently

commercial in nature with a mix of industrial, warehouse and commercial land uses.

Newly constructed residential flat buildings ranging between two storeys to six storeys (part

of the Bowden development) are located to the eastern side of Gibson Street. Whilst a

number of sites within the immediate locality are currently commercial and industrial land

uses, these sites have been earmarked for future high density residential and mixed use

development. The land to the western side of Drayton Street is currently vacant however is

soon to be remediated in preparation for future development.


Site and Locality Plan

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Subject Site shown in blue, Locality in red


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Site photo: Adjacent site to the north —21 November 2017 - John Tarasiuk

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Site photo: Adjacent land to the west —21 November 2017 —John Tarasiuk


Internal Consultation

Department/Staff Response

Chris Bentick In-principle support is granted for the proposal, subject

Transport Engineer to minor changes recommended as conditions of

approval.

Leanne Dyson As a food business, the requirements of the Food Act

Health and Safety 2001 and Food Standards Code must be complied with.

A more detailed building plan, particularly of the kitchen

and food processing areas would need to be provided. A 'food business notification' form is required to be

submitted to Council prior to the business opening.

Development Assessment

Pursuant to Schedule 10 of the Development Regulations, the Development Assessment

Commission is the planning authority and must have regard to Council's comments and the

relevant provisions of the Development Plan in assessing the proposal.

Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of

the Development Plan has been undertaken within Attachment A. Where compliance with

a particular Development Plan provision requires further discussion, it has been outlined in

further detail below.

The following table provides a summary of the proposal against the relevant provisions of

the Development Plan:

Proposal Development Plan DPP Provisions

Met?

Total Site Area 1130m' Existing Allotment Existing

Allotment

Street Frontage Drayton Street - 33.5m Existing Allotment Existing

Width Sixth Street - 33.5m Allotment

Floor area 430m' N/A N/A

Carparking 12 3/100m2 of floor Yes

area (13) Additional

dispensations

allowed

Hours of operation General Operations - 7:00am to Liquor Licencing Yes

7:00pm Policy

Cellar Door - Monday to Sunday

10:30am to 7:00pm

Additional Licensed trading

hours - Thursday to 11:00pm,

Friday and Saturday to 1:00am,

Sunday to 9:00pm and Sundays


Proposal Development Plan DPP Provisions

Met?

with Public Holidays Monday to Transitional Noise

1:00am Area

Sunday - Thursday 8am - 12midnight

Friday—Saturday 8am - lam

Landscaping 160m2 N/A N/A

Desired Character/Land Use

The site is located within the Core Area of the Bowden Urban Village as depicted on Concept

Plan Map Chst/23 within the Urban Core Zone.

The desired character statement for the Core Area of the Bowden Urban Village seeks the

greatest intensity of land use activity in the zone with a mix of residential, and

neighbourhood scale commercial and employment •generating activities integrated with

adjacent public transit stops.

The desired character statement acknowledges the numerous State Heritage Listed places

within the Zone with their presence taken into account in the development of the wider

area. The proposed cellar door/wine bar seeks to revitalise an existing run-down State

Heritage building with an adaptive re-use of the building. It is anticipated that the state

heritage listed place be used for a high intensity land use such as that proposed.

Urban Core Zone, Principle of Development Control 1 lists 'licenced premises' as being

envisaged within the Zone. Principle of Development Control 2 adds entertainment venues

as being envisaged where located within the Core Area of the Zone.

It is considered that the proposal to use an existing vacant heritage listed building for the

purposes of a licenced premises is envisaged within the desired character of the zone.

Visual Appearance/Built Form/Heritage

The proposal seeks alterations and general repair work to the building. The alterations

include the installation of a new large sliding door and window opening to the eastern

elevation to provide access to the new outdoor seating area to the rear of the premises. The

proposal includes the creating of a new compacted gravel carpark to the front the building

of Drayton Street as well as landscaping around the perimeter of the site. The external

appearance of the building will be subject to the review of Heritage SA. The application will

be referred to them by the SCAP.

The Objectives of General Section, Heritage Places seek the conservation and continued use

or adaptive re-use of State Heritage places. The proposal which seeks the adaptive re-use of


an existing run-down vacant building will include much needed repair work and

maintenance.

Whilst the assessment of the design involving the alterations to the external fabric of the

building will be driven by Heritage SA and may be subject to change, the proposal to re-use

the exiting State Heritage listed building is considered to be in keeping the general

Objectives and Principles of the Zone and General Section, Heritage Places of the

Development Plan.

Amenity/Hours of Operation

The land use seeks to operate between the hours of 7:00am and 7:00pm for general

operations of the business activity which include wine making and cellar door tastings with

an associated office. The application seeks extended trading hours for the cellar door

tastings portion of the application which will include the sale of liquor at a bar facility on

Thursday to 11:00pm, Friday and Saturday (including Sundays with public holiday Monday)

to 1:00am the following day and on Sunday to 9:00pm.

The site is located within the Core Area of the Bowden Urban Village, Urban Core Zone,

which seeks the greatest intensity of land use activity in the zone. The site is currently

surrounded by either vacant land or industrial and commercial land uses. Whilst residential

land use is envisaged for the Zone, future residents of dwellings (most likely in the form of

apartment units) will expect activities of this nature within the locality and can be designed

to minimise external noise impacts.

Councils 'Liquor Licencing Policy' recognises the contribution and significant place of

licensed premises within the range of business and recreation facilities in the City. Whilst

also acknowledging the importance of addressing liquor-related issues to protect and

enhance the amenity of the City for the benefit of its residents, workers and visitors.

Licensed premises can impact on amenity in many ways. The policy acts as a guide to

determining suitable operating hours for land uses within close proximity to residential

dwellings.

For the purposes of this application, given that the Zone envisages a wide range of

commercial land uses, the site is considered to be located within a 'Transitional Noise Area'.

A Transitional Noise Area Premises encompasses a premise which is located in an area which

are not within the Noise Tolerant Area or the Noise Sensitive Area.

The noise policy recommends that the consumption of liquor within the transitional noise

areas be between Sundays to Thursday 8:00am to 12 midnight and Friday to Saturday

between 8:00am, and 1:00am, with outdoor dining areas limited to 12 midnight.

Given that the hours of operation proposed for the premises are consistent with Council's

'Liquor Licencing Policy', on the basis that liquor is not consumed outside after midnight, the

proposed operating hours are considered acceptable.


Traffic Management and Parking

Urban Core Zone Principle of Development Control 33 requires parking to be provided in accordance with Table Ch/St 2A- Off Street Vehicle Parking Requirements for Designated

Areas requires 3 parking spaces to be provided per 10Om2 of floor area except where

incentives apply, in which case the parking rate should be reduced accordingly. Principle of

Development Control 34 specifies these incentives, allowing for lesser car parking where

the proposed development is within convenient walking distance to readily accessible and

frequent public transport as well as where the site is a heritage place.

The site is to be provided with 12 on-site parking spaces in front of the building accessed of

Drayton Street. Whilst slightly short of the 13 required by Table Ch/St-2A, given that the site

is a heritage listed building in close proximity to the Bowden Train Station, the one-space

shortfall is considered acceptable.

Council's traffic officer assessed the proposed access and parking layout against the relevant

Australian Standard (AS). With the exception of the disabled parking space needing to be

altered, the access and parking arrangement is considered to be acceptable subject to

conditions. The disabled carpark can be redesigned to comply with AS requirements without

the loss of any parking spaces.

Subject to a condition of approval recommending the carpark comply with AS standards, the

carparking provided is considered acceptable.

Waste Management

The majority of waste produced from the site is proposed to be removed by private

contractor. Waste will be stored and disposed of via 1.5 cubic metre bins for general waste

as well as general recycling.

The applicant has indicated that organic waste, including grape stems and skins, will be

generated from the site between February and May and will be taken to the Barossa Valley

for recycling.

The site is provided with adequate outdoor space for the storage of waste bins to the rear of

the premises.

Conclusion

This application has been assessed against the Charles Sturt Development Plan dated 5 May

2016.

The desired character statement for the zone seeks a mix of residential, and neighbourhood

scale commercial and employment generating activities. The proposal to use an existing

vacant and dilapidated heritage listed building for the purposes of a licenced premises, which is listed as being envisaged for the zone is considered an appropriate land use.


The proposal seeks adaptive re-use, providing a new lease of life to an existing run-down

vacant state heritage listed building and will include much needed repair work and

maintenance.

The immediate locality surrounding the site is currently commercial, albeit residential is envisaged in the future, the proposed hours of operation are consistent with Councils

'Liquor Licencing Policy' for a transitional area.

The site is to be provided with 12 on-site parking spaces. Whilst slightly short of the 13

required by Table Ch/St-2A, given that the site is a heritage listed building in close proximity

to the Bowden Train Station, the on-site parking provided is considered acceptable.

When assessed against the relevant provisions of the Development Plan and having regard

to the context of the locality and the nature of the proposed development, the proposal is

considered to have sufficient merit to warrant Development Plan Consent.

Recommendation

Reason for Decision

The Panel has read and considered the report prepared by the Development Officer -

Senior Planner and agrees with the assessment outlined in that report.

That pursuant to Section 35 (2). of the Development Act, 1993, the proposal is not

seriously at variance with the relevant provisions of the Charles Sturt (City)

Development Plan consolidated 5 may 2016.

That pursuant to Section 33 of the Development Act, 1993, Council advises the State

Commission Assessment Panel (SCAP) that it supports Development Application

Number 252/2634/17 and recommends SCAP approve the application subject to the

following conditions:

Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved

plans stamped by Council except where varied by the conditions herein and shall be

completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner.

Hours of Operation

The hours of operation of the premises shall not exceed the times:

0 General Operations - 7:00am to 7:00pm


. Cellar Door— Monday to Wednesday 10:30am to 7:00pm;

Thursday 10:30am to 11:00pm;

Friday, Saturday and Sunday's that are followed by a Public Holiday Monday 10:30am to 1:00am the following day; and

Sunday 10:30am to 9:00pm

Reason: To preserve the amenity of the locality.

3. Carparking Design

The carparking area associated with this proposal shall be developed in accordance

with the following requirements;

I) The proposed car parking layout and access areas are to conform with the

Australian Standards 2890.1 for Off-Street Parking Facilities

That all parking areas be marked, to delineate the parking spaces, prior to the

occupation of the proposed development in accordance with the relevant

Australian Standard AS 1742.

The new chain wire sliding gate along Drayton Street frontage shall be at least

300mm from the edge of Space ito allow clearance for door opening

The redundant crossover shall be reinstated to kerb, gutter and footpath

Reason: To ensure usable and safe car parking.

4. Landscaping per Plans

The proposed landscaping shall be established on the site in accordance with the

approved plan prior to the occupation of the site and it shall be maintained and

nurtured at all times, with any diseased or dying plants replaced.

Reason: To preserve and enhance the amenity of the locality and to ensure that

the proposal is established in accordance with the approved plans.=

5. No outdoor dining or liquor after midnight

No food or liquor be served outdoors after midnight.

Reason: To ensure the development proceeds in an orderly manner.

Notes

1. Development Approval must be received for this development within 12 months of

the date of this Development Plan Consent.


You will require a fresh Development Plan Consent and Development Approval before

commencing or continuing the development if you are unable to satisfy these

requirements.

To ensure your development can now proceed without unnecessary delays

please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing

noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

• You are advised that under the Local Government Act 1999 construction of any

footpath, kerb, gutter or crossover on Council land will require a permit from Council's

Engineering Strategy and Assets Department. It is illegal to undertake work on Council land without permission. Please contact Council on 8408 1111 or refer to our website

http://www.charlessturt.sa.gov.au/WorksonPublicRoad for Council standards.

Council Verges

• Please note that Council does not have funds to reinstate/landscape the verge at the

completion of building work where this is the responsibility of the owner.

• Any proposed landscaping on Council's verge requires Council's permission via a

permit application. Please contact Council on 8408 1111 or refer to our website

http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.

Common boundary • When removing fences that are on the common boundary with your neighbour you

must give your neighbour 28 days notice in writing that you intend to remove the

dividing fence. Where the neighbour has a pool, particular care must be taken to

ensure the pool is not left exposed, if temporary fencing is installed the temporary

fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you

consider the Fences and the Law booklet available on line and follow the processes

outlined in the booklet.

• Where it is intended to erect external walls on the boundary the face of the external

wall must be on the boundary. Further, barge boards, capping tiles or other fixtures

on the boundary wall must not encroach upon the land of the adjoining owner.

Existing fence lines may not be the true legal boundary. To avoid violation of

neighbour's rights, the onus of proof of the boundary line tests with the owner of the

land where the work is undertaken. This will necessitate a survey being carried out by

a licensed surveyor to identify the true location of the boundary and proposed footing

on the ground. You will need the neighbour's written approval to enter their land to

carry out any construction.

Neighbours

• Construction within an established neighbourhood can be a stressful time for existing

residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of

good neighbourliness you may wish to consider providing your contact details to all

adjoining property owners inviting them to contact you should there be any concerns

during the construction process.


Dust

Airborne dust and sand emissions potentially generated on site must be managed and

this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you

can contact the EPA on 8204 2004.

Asbestos If there is asbestos material in or on the building or fencing to be demolished there

are specific requirements for the method of removal and disposal of asbestos. The

removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For

further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

• Should any part of the development process require use of public land (ie, the footpath, nature strip, road or other reserve), additional permits will be required.

• Examples of such activities include storage of materials, delivery of materials from

public land, placing of temporary fences on public land, blocking of the road, footpath

or nature strip for any period of time.

• Where works from public space impact vehicular or pedestrian traffic, you will be

requested to lodge a Traffic Management Plan that adheres to the requirements of

the relevant Australian Standards.

• Additional fees and charges may apply, please contact the Council's Compliance Team

on 8408 1198 to discuss your projects needs.

Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is

undertaking an activity, or is an occupier of land to take all reasonable and practicable

measures to avoid the discharge or deposit of waste from that activity or land into any

waters or onto land in a place from which it is likely to enter any waters (including the

stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The

following information is provided to assist you to comply with this legislation:

Building and construction should follow sediment control principles outlined in the

Stormwater Pollution Prevention - Code of Practice for the Building and Construction

Industry (EPA 1999). Specifically, the applicant should ensure:

During construction no sediment should leave the building and construction site.

Appropriate exclusion devices must be installed at entry points to stormwater

systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of

sand, soil and clay off site. However, should tracking occur, regular clean-ups

are advised.


2. Litter from construction sites is an environmental concern. All efforts should be made

to keep all litter on site. The applicant should ensure that bins with securely fitted lids,

capable of receiving all waste from building and construction activities, are placed on

site.

All building and construction wastewaters are listed pollutants under the Environment

Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all

contractors engaged by you are aware of the obligations arising under it.

For further information please contactthe Environment Protection Authority on telephone

(08) 8204 2004.

FROM: Assessment Manager DATE: 6 December 2017 … 3... · commercial in nature with a mix of...

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Transcript of FROM: Assessment Manager DATE: 6 December 2017 … 3... · commercial in nature with a mix of...