MEETING FRIDAY 19 OCTOBER, 2018, PRESENT: Cr Karen ... · Cr Karen Eckermann declared a conflict of...

Council Assessment Panel Friday 19 October, 2018

Unconfirmed Minutes 1

Minutes of the MEETING of the Council Assessment Panel held on FRIDAY 19 OCTOBER, 2018, at 10:00 am at the Local Government Centre, Mobilong Suite, 2 Seventh Street, Murray Bridge PRESENT: Mr Gavin Lloyd-Jones – Presiding Member Cr Karen Eckermann Mr Tony Huppatz Mr Myles Somers IN ATTENDANCE: Mr Andrew Meddle – General Manager Sustainable Communities (arrived 10:20 am) Mr Geoff Parsons – Manager Development & Regulation Ms Cherry Getsom – Team Leader Planning (arrived 10:20 am) Mrs Giulia Mason – Senior Planner Ms Vanessa Van Eck – Planning Officer (arrived 10:20 am) Mrs Sue Bell – Minutes Secretary OBSERVERS: Mr Michael Shillabeer Ms Nicole Sedlacek Mr Malcolm Perry Mrs Belinda Ludewigs Ms Yihong Wang Miss Hasna Jammoul Mr Jeremy Byrnes Ms Emily Smith Ms Ruby Ash 1. APOLOGIES Apologies were received from Cr Jerry Wilson and Mr Marc Voortman. 2. CONFIRMATION OF MINUTES

Recommendation: That the minutes of the Special Meeting of Council Assessment Panel held on the 7 September, 2018 as circulated to Members, be taken as read.

Mr Myles Somers moved

That the minutes of the Special Meeting of Council Assessment Panel held on the 7 September, 2018 as circulated to Members, be taken as read.

Seconded by Mr Gavin Lloyd-Jones and CARRIED 3. PRESIDING MEMBER’S REPORT

Nil

4. BUSINESS ARISING FROM PREVIOUS MINUTES Nil

5. CONFLICT OF INTEREST DECLARATIONS

Cr Karen Eckermann declared a conflict of interest with Item 6.2, as she is a Board Member of Lerwin Nursing Home, an approved provider under the Aged Care Act, and would not participate in the discussion or decision making process of this item. Mr Andrew Meddle also declared a conflict of interest with Item 6.2 as he is a key personnel on the board but as he is not a decision maker at this meeting he would stay to assist the Panel during discussions. Mr Myles Somers declared a previous association with Mr Frank Brennan, speaking on behalf of representor Ms Jody Harris for Item 6.1, advising Mr Brennan was his former boss at Wattle Range Council and also his referee. Mr Somers said he did not perceive this as a conflict of interest and would continue to participate in the meeting and decision making process.

6. DEVELOPMENT ASSESSMENT MATTERS



6.1 Date of Panel Meeting : 19 October 2018

DA NUMBER 415/60/2018 PROPOSAL Expansion to existing supported accommodation facility

comprising:

overnight occupation for a maximum of 9 residents & 4 support workers (an increase of 5 people on site overnight);

expansion of land use to 34 Park Way including the use of existing dwelling (and ancillary carport, verandah and outbuilding) at 34 Park Way for supported accommodation (maximum 1 support worker and 3 residents);

change in use from outbuilding (34 Park Way) to training facility (including internal alterations) associated with supported accommodation;

extension to existing deck at 34 Park Way;

conversion of outbuilding on 124 Martin Road to supported accommodation (maximum of 3 residents and 1 support worker) and associated alterations and additions;

construction of ancillary bird aviaries, animal enclosures and feeding areas, shipping containers (4), verandah, walk-in cool room;

change in occupancy of existing dwelling at 124 Martin Road for a maximum 3 residents and 2 support workers.

APPLICANT SA Support Services Inc

LOCATION

124 Martin Road Murray Bridge South (Lot:83 Hd: Mobilong Sect:28 PL: D17453) & 34 Park Way Murray Bridge South (Lot:23 Hd: Mobilong Sect:28 PL: D54669

ASSESSING OFFICER Giulia Mason ZONE/POLICY AREA/PRECINCT Rural Living Zone, Precinct 12 Two Hectare NATURE OF DEVELOPMENT Merit PUBLIC NOTIFICATION CATEGORY Category 3 REPRESENTATIONS 12 received, 9 to be heard AGENCY CONSULTATIONS N/A INTERNAL REFERRALS Council Environmental Health Officer

Council Building Officer DEVELOPMENT PLAN 23rd January 2018 RECOMMENDATION Development Plan consent be granted (with conditions)

1. BACKGROUND In April 2011, Development Approval was granted (development application no 415/16/2011) over 124 Martin Road for the change in land use to a residential supported accommodation facility. This facility is operated by SA Support Services who are a not for profit organisation providing 24/7 therapeutic residential care to educate people with cognitive disabilities or who come from a disadvantaged background. 1.1. Existing Approved Land Use Specifically, the existing approved land use of 124 Martin Road incorporates the following elements:



• the use of the existing detached dwelling and two storey granny flat* for residential supported accommodation for a maximum of 6 residents (2 residents in the granny flat and 4 residents in the dwelling);

• residents live on the site and support workers stay on the land overnight to support the residents;

• a minimum of 2 fully qualified carers present (to supervise) at the facility 24 hours a day, 7 days a week;

• educational and training programs, and rural type recreational pursuits for the 6 residents on the site; and

• visits from external support staff (e.g. nurses, Disability SA Case workers, tutors) for client appointments.

[*n.b. the two storey granny flat no longer exists. The structure was damaged in a fire in 2016 and its remnants were demolished shortly after.

In addition to housing services, the facility provides programs and training to equip residents with the living skills needed to transition to a more independent living situation. These programs are taught by support staff and are focused on developing basic living skills including: • property maintenance (gardening, mowing of lawns); • horticultural classes (tending of fruit trees and vegetable garden); • animal husbandry (chickens, sheep, alpacas); • cooking classes; • art classes; • budgeting and home care classes. 1.2. Proposed Expansion of the land use & buildings In early 2015, Council became the facility had expanded onto the adjoining allotment to the north - 34 Park Way which according to Council’s development records had not been approved for supported accommodation. Council’s investigation into the matter revealed that building works had also occurred on the land. The nature and extent of the land use and works is described below:

34 Park Way: • The land and all buildings on 34 Park Way were being used by and in association with the SA

Support Services (SASS) site operating from 124 Martin Road. • The existing outbuilding had been converted to a training facility including building works to

install a bathroom and separate computer room for training and education purposes of SASS clients, including car maintenance. This building was connected to a newly installed on-site waste water system.

• The existing 4 bedroom dwelling was being used to house SASS clients overnight. • Some additional buildings and works had been undertaken including the placement of a

shipping container on the land and the extension to an existing deck. 124 Martin Road: • Internal works had occurred to an existing outbuilding to convert it to a habitable building for

overnight accommodation. The works included a new bathroom with plumbing works and wastewater system works.

• Additional residents were being accommodated on the land in both buildings and at 34 Park Way.

• New structures had been developed including verandahs, a cool room, shipping containers, a bird aviary and train carriage.

The works and uses described above were determined to be inconsistent with the existing development approval over the land. To rectify these inconsistencies, SASS seeks development approval for the works described above. Importantly, Council has resolved the matter of the train carriage via previous development applications namely:



• 415/384/2015 – train carriage DEVELOPMENT APPROVAL GRANTED • 415/106/2016 – variation to 415/384/2015 DEVELOPMENT APPROVAL GRANTED

The applicant also has two other development applications before Council, which are yet to receive a decision. These applications (listed below) are on hold pending the outcome of the application before the panel:

• 415/125/2017 – 3 shipping containers & bird aviary ON HOLD • 415/486/2015 – Expansion to existing land use onto 34 Park Way ON HOLD This application seeks consent retrospectively to resolve the outstanding elements of the land use by formalising the expansion of the supported accommodation onto 34 Park Way along with all associated building works undertaken across both 34 Park Way and 124 Martin Road. A detailed description of the proposal is described in the following section. 2. PROPOSAL This application seeks development plan consent for the expansion of the existing residential supported accommodation facility (located at 124 Martin Road) onto the adjoining property (34 Park Way). Specifically, the development incorporates the following elements: • Supported accommodation for a maximum of 9 residents and 4 support workers – (an increase

of 3 residents and 2 support workers); • The use of the existing dwelling (and outbuildings) on 34 Park Way for supported

accommodation including the conversion of an outbuilding to a training and recreation facility; • Extension to the existing deck at 34 Park Way; • Conversion of the existing outbuilding on 124 Martin Road to supported accommodation and

associated alterations and additions; • Construction of ancillary bird aviaries, animal enclosures and feeding areas, shipping containers

(4), verandah, walk-in cool room; and • The change in occupancy numbers of existing dwelling on 124 Martin Road. The development will result in three separate buildings being used for overnight accommodation for residents and support workers comprising the following occupancy arrangements:

Table 1 – Occupancy Arrangements

Building Existing Occupancy Proposed

Existing dwelling at 124 Martin Road 2 x support workers 3 x residents

2 x support workers 3 x residents

Converted outbuilding at 124 Martin Road Not approved for habitation 1 x support worker 3 x residents

Dwelling at 34 Park Way Not approved for supported accommodation

1 x support worker 3 x residents

Total 4 x support workers 9 x residents

A copy of the application documents including the plans and details of the proposal are included as Attachment 1. 3. SUBJECT LAND & LOCALITY 3.1. Subject Land Description The site of the proposed development comprises two separate allotments referred to as 34 Park Way and 124 Martin Road. Each allotment abuts the other and collectively forms the subject site of the development. 124 Martin Road is located south of 34 Park Way and contains the existing residential supported accommodation facility. This parcel is rectangular in shape with an area of 2.02ha. The allotment has a frontage of 80.33m to Martin Road – a sealed public road. The land does not contain any easements or encumbrances, is serviced by mains water and electricity and is generally flat in topography. The land contains some large areas of planted and native vegetation at the front of the land and adjacent the length of most of the western boundary.



The allotment contains several buildings primarily located in the southern portion of the land. These buildings include a detached dwelling, storage shed(s) and shipping containers along with a converted train carriage. The northern portion of the allotment comprises a paddock for some farm animals including alpacas and sheep. The land is connected to Martin Road via an unsealed vehicle track that opens to car parking areas in a central area of the land. This track also connected to 34 Park Way. 34 Park Way is an irregular shaped allotment measuring 2.055ha in area. The allotment has a frontage width of some 197m to Park Way (a sealed public road) and is relatively flat in its topography. The land is adequately serviced by mains water and electricity, is void of any easements but is bound by an encumbrance to a third party. The western two thirds of the land contain a large expanse of vegetation. An access track extends east through the site to a cleared area, which houses a single storey detached dwelling (connected to an on-site wastewater system), several domestic outbuildings and rainwater tanks. 3.2. Locality Description The land surrounding the subject land comprises rural living allotments to the north, east and west and primary production parcels to the south. The rural living parcels are typically around 2 hectares in area and developed with detached dwellings, outbuildings and low scale rural and farming land uses such as horse keeping and some cropping and grazing. There are some remnants of native vegetation scattered through the northern parts of the locality, which are protected with a Land Management Agreement. Martin Road is the interface between the rural living zone and primary production zone with the southern primary production zone allotments largely comprising cropping and grazing with detached dwellings, outbuildings and farm buildings. An aerial image of the locality can be found as Figure 1. 4. ZONE AND APPLICATION TYPE The subject land is situated in the Rural Living Zone within Precinct 12, Two Hectare. Supported accommodation is not specifically identified as a complying or non-complying land use within the Rural Living Zone, therefore the application is considered on its merits.

Figure 1 – Aerial image of the subject land & locality



5. SUMMARY OF REPRESENTATIONS AND APPLICANTS RESPONSE 5.1 Public Notification Category The proposal is not identified as a Category 1 or 2 Development within the Development Plan or Schedule 9 of the Development Regulations 2008; as such the application underwent category 3 public notification from the 3rd August 2018 to the 16th August 2018. 5.2 Representations & Applicant’s Response During the notification period, 12 representations were received by Council. A full copy of the representations and the applicant’s response is included as Attachment 2. For the benefit of the panel, the attachment also includes a map showing the location of the representors relative to the subject land. Table 3 below includes a list of the representors and a collective summary of their issues. Table 2 – Summary of Representations

No. Name & Nature of Interest

Wishes to be heard Summary of Comments

1 Jody Harris Adjoining Resident

Y to be

represented by Frank Brennan

• The development is not appropriate within the zone or in the quiet rural locality and is not a form of land use envisaged in the zone

• This is a commercial business and should not be operating in a rural living area.

• The development is inconsistent with zone objectives as facility has an adverse impact on the amenity of the locality

• There are large numbers of clients and staff visiting and residing on the land.

• This is increasing the number of vehicles to and from the land and traffic on Martin Road.

• The development detracts from the enjoyment of the rural area due to large volumes of traffic visiting the land

• The anti-social, noisy and offensive behaviour of the residents make us feel unsafe, unsecure and at times threatened.

• Residents are poorly supervised and there is a constant police presence at the site.

• This facility has taken away from our enjoyment and lifestyle and the reasons why we moved to this zone.

• By expanding the development, the impacts will only increase and further affect the liveability of surrounding residents.

• We paid a premium price for our property and having SA Support Services located near us has reduced our property value.

• We do not want them to expand their business even further than what was approved.

• Many of the buildings on the land are of poor appearance and have been developed without approval.

• Excessive to have 13 people out here in a training facility – it’s too dangerous to have wood working and mechanical training in a rural living zone.

• Everything about this business is not what we wanted to live near – we wanted a quiet, peaceful lifestyle in a rural living area and do not want further expansion of SA Support Services to 34 Park Way.

• More residents will likely equate to more trouble and stress who are already under duress from the current facility.

• There are too many buildings on the land and they detract from the rural character.

• The development should not have been approved in 2011. We opposed the application at the time but were misled by the applicants.

• Fire safety concerns – 1 house has been burnt down. • Extensive wastewater works undertaken without approval.

2 Janet King Adjoining Resident

Y

3

Anthony King Adjoining resident

Y

4 Alan Keller Adjoining resident

Y

5

Craig Williams Owner of land in the vicinity

Y

6

DP & FA Flower Adjoining residents

N

7 J Keller Adjoining resident

N

8

Julie& Andrew Webb Adjoining land owner 2011-2013, local resident.

Y To be

represented by Jo Harris

9

Lienert Owner of land in vicinity

N



No. Name & Nature of Interest

Wishes to be heard Summary of Comments

10

Lisa Fiegert & Steven Tootell) Adjoining resident/owner of land in vicinity

Y

• Structures have been constructed using second hand materials and are unsightly, an eyesore and detract from the amenity.

• Staff and support workers from Long Island Road attend the site impacting on the approved staff/client ratio.

• Maximum site coverage will exceed 5% as per PDC 8. • Motor repair training facility is non-complying and has adverse

effect on the locality including fire risks. • The development has adverse social impacts and anti-social

behaviour.

11

Gary Lauter Adjoining resident

Y

12

Donna & Murray Box Adjoining residents

Y

Table 3 provides a summary of the applicant’s response to the representations. A full copy of the applicant’s response is included with attachment 2.

Table 3 – Applicant’s Response to Representations

No. Issue

(as identified by the applicant)

Summary of Comments

1 Zoning & Land Use

• Although the land use is not specifically envisaged, it does not mean that it is an inappropriate one.

• The proposal will preserve large allotments and the spacious rural character of the locality as all proposed buildings are of a size and scale that is not uncommon in the locality and rural living areas more generally.

• Buildings are suitably setback from property boundaries to limit visual intrusion.

• Existing vegetation upon each of the subject allotments will be preserved and will therefore ensure the land has a high visual amenity.

• The proposal achieves appropriate site coverage and built form across the site, and does not detrimentally impact upon the rural character of the locality.

• The proposal will preserve safe and convenient vehicle movements to/from the site and not give rise to congestion on local roads throughout the locality as explained further within this response.

2 Visual Impact • Both allotments comprise substantial stands of established native vegetation which will visually screen buildings on each allotment.

• The maximum eave height of any building is 3.6 metres. This is not excessive or uncommon for domestic buildings on rural living allotments.

• All buildings are suitably setback from property boundaries. • The animal enclosures mainly comprise open wire mesh which is visually

permeable. • Many of the buildings are externally clad in low-light reflective, neutral

materials and colours. 3 Amenity • 124 Martin Road will accommodate up to 9 people. This is an increase of

1 person above the existing approval for 8 people as per Development Application Number 415/16/2011.

• 34 Park Way will accommodate up to 4 people. This proposed number of people could be accommodated as part of a typical residential use without any consent from council.

• The total occupancy of each allotment could reasonably occur as part of a typical residential land use which is specifically envisaged within the zone.



No. Issue

(as identified by the applicant)

Summary of Comments

• Together the properties will have 1 staff member per 2 to 3 residents. This ratio will ensure that staff members can responsibly look after residents without undue impact upon the locality.

• The majority of activities will be conducted indoors during regular daytime hours to ensure noise is kept to a minimum.

4 Car parking & vehicle movements

• The proposal will Increase the maximum occupancy to 13 people (9 residents and 4 support workers) across both properties.

• Martin Road can continue to accommodate up to 8 people as per the existing development authorisation.

• Only one additional person will be accommodated on 124 Martin Road and 4 people accommodated on 34 Park Way. These occupancy rates are not dissimilar to a typical residential land use on the property. When considered together, each property will have an average occupancy of 6.5 people.

• These numbers only amount to a small increase to occupancy and therefore vehicle movements.

• The expansion of the development will result in the area of land available for residents and support works to increase.

• It is important to acknowledge that residents do not drive or have access to vehicles.

• Vehicles accessing the site will be ordinary domestic vehicles. Tractors and ride-on mowers will be used at times to maintain the land which is typical of a residential land use.

• Dust from driveways is suppressed naturally in Winter by rainfall and grass covers.

5 Site Coverage • 124 Martin Road has a site coverage of 8.2% while 34 Park Way has a site coverage of 2.4%. This is a

• combined site coverage of 10.6% or an average site coverage of 5.3%. • Each allotment maintains suitable area for each item listed in PDC 20 of

the Residential Development Provisions of the development plan. • the numeric shortfall is of no negative planning consequence.

6 Waste Management

• All wastewater will be appropriately managed in accordance with relevant legislation.

• Any on-site effluent disposal area will not include areas used for private open space, driveway, car parking or outbuildings.

• All waste will be managed within respective property boundaries so as not to cause nuisance or odours within the locality.

• The council can issue Development Plan Consent subject to a condition or reserved matter that ensures any waste systems receive the necessary approvals prior to Development Approval being issued.

7 Bushfire • The subject land is situated within a General Bushfire Risk area and is approximately 1 kilometre from the Residential zone of Murray Bridge which is excluded from bushfire protection provisions.

• Both allotments are reasonably flat with only subtle gradients. The slope of the land does not pose fire or evacuation risk.

• Vegetation adjacent habitable buildings is not considered to pose an unacceptable bushfire hazard and could be retained if the land were put to a residential land use.

• SA Support Services will maintain trees in the interest of bushfire safety. • 6 water tanks are situated on 34 Park Way and 7 on 124 Martin Road.

Some of these tanks can be adjusted to be dedicated to firefighting purposes if necessary.

5.3 Matters which cannot be addressed by the development application Section 38 (6)(d) of the Development Act provides that any representation “must be limited to… what should be the decision of the relevant authority as to development plan consent”. Several of the representations received at Council highlighted a range of issues are not relevant to the planning merits of the proposal including:



• The impact of the development on property values; • Personal safety arising from the anti-social behaviour of the residents (swearing, threats,

trespassing, wondering into the road); • The applicant’s behaviour in undertaking the development and expansion without approval; • The retrospective nature of the application (the courts have determined that the retrospective

nature of a development application is irrelevant to the assessment of the proposal and should not be a factor in determining if consent should or should not be granted); and / or

• Any matter relating to the processing of the 2011 application for the land. The Panel members are reminded not to consider the above matters when making a decision on the application. 6. REFERRALS 6.1 Statutory Referrals The development did not require any statutory referrals in accordance with Section 37 of the Development Act 1993. 6.2 Internal Council Advice ENVIRONMENTAL HEALTH The application was referred to Council’s Environmental Health Officer for advice relating to the on-site wastewater matters. There are 4 buildings on the land that require connection to an approved wastewater system namely:

• The existing dwelling on 124 Martin Road • The proposed converted outbuilding on 124 Martin Road • The existing dwelling at 34 Park Way • The outbuilding for training and recreation at 34 Park Way The site is understood to be served by several on-site wastewater systems. However, in order for the existing land use to expand, the adequacy and age of some of these systems needs to be clarified. In Council’s investigation into the land, some on-site wastewater works were evident and as part of this development application, the demands for the whole of the site can be determined. To facilitate the proposed development and the continuation of the existing development, the following on-site wastewater solutions are advised: • The existing dwelling on 34 Park Way is connected to an approved on-site wastewater system

that is adequate for the supported accommodation land use. No works to this system are required.

• The outbuilding at 34 Park Way is connected to a small on-site wastewater system and Council has no record of approval for this system. An engineer’s investigation into the adequacy and quality of this system is required. Council may not require an application for an on-site wastewater system for this work if the engineers’ investigations and any required works are deemed adequate by Council. A Certificate of Compliance for these works should be provided to Council.

• The existing dwelling and habitable outbuilding at 124 Martin Road should be connected to a new on site wastewater system comprising one single system connected to both buildings. Any existing system(s) connected to either building shall be decommissioned.

The applicant is making progress on the wastewater requirements of the site with the Council recently granting approval for the installation of a new system for 124 Martin Road. It is recommended that appropriate conditions of consent are included to tie this system and its installation to the relevant buildings and land use noting that this wastewater approval only provides for connection into the existing dwelling and the converted outbuilding. Should the applicant wish to connect any other buildings to this system, a further wastewater application will be required. The system connected to the outbuilding at 34 Park Way may be suited for the intended use. However, there are unresolved questions about its adequacy and capacity. An appropriate solution



can be engineered if necessary but only after a thorough investigation. It may not be necessary to require a wastewater application for any alteration or new works to the system (depending on their nature and extent). Relevant planning conditions regarding this system and its use should be included with development plan consent if granted.

BUILDING As part of the Council’s examination into the land use and works on the land, Council’s building officer has highlighted some building and fire safety matters. Some of these issues were also raised by many of the representations. Many of these concerns relate to structures seeking consent as part of this application, including: • The proposed conversion of an outbuilding on 124 Martin Road to habitable condition for

overnight supported accommodation purposes and associated building works and fire safety; • The proposed conversion of an outbuilding on 34 Park Way to training and recreational space

and associated building works and fire safety; and • Shipping containers, cool room, bird aviary, animal enclosures, verandahs, decking and their

compliance with the building code. These building fire safety matters are being addressed by the Council’s Building Fire Safety Committee. The Committee has been considering the documentation provided by the applicant and the diligence of the applicant in rectifying the issues. Whilst all matters have not yet been dealt with, the Committee is satisfied that progress is being made and will continue to be made. The building fire safety matters as well as other building code matters will be dealt with in further detail as part of a building rules application, which can be obtained only after development plan consent is issued. Where development plan consent is not granted, Council will consider the appropriate course of action to take to address any matters to arise as a result, in accordance with its Unlawful Development Enforcement Policy. Given this proposal seeks consent retrospectively, there are viable options to ensure that building matters are addressed irrespective of whether the application achieves development plan consent. Importantly, these aspects are not relevant to whether or not the application should or should not receive development plan consent.

7. DEVELOPMENT ASSESSMENT The application was received at Council on the 16th February 2018 therefore the Rural City of Murray Bridge Development Plan Consolidated 23rd January 2018 is the relevant Development Plan for the assessment of this proposal. The application must be assessed by the relevant objectives and principles contained within the Development Plan with regard to the context of the locality. The key considerations of this assessment relate to the appropriateness and management of the land use within the zone and context of the locality. Whilst an assessment of the whole Development Plan has been undertaken, it is considered that the below stated provisions of the Development Plan are most relevant to the assessment of the application. 7.1 Land Use Suitability Rural Living Zone Obj 1 A zone consisting of large allotments, detached dwellings and rural activities that do not

adversely impact the amenity of the locality. PDC 1 The following forms of development are envisaged in the zone:

• ▪ detached dwelling • ▪ domestic outbuilding in association with a detached dwelling • ▪ domestic structure • ▪ dwelling addition • ▪ farming • ▪ farm building • ▪ stable.



PDC 2 Development listed as non-complying is generally inappropriate.

PDC 3 There should be no more than one dwelling per allotment.

Orderly and Sustainable Development

Obj 1 Orderly and economical development that creates a safe, convenient and pleasant environment in which to live.

Obj 3 Development that does not jeopardise the continuance of adjoining authorised land uses.

Obj 4 Development that does not prejudice the achievement of the provisions of the Development Plan.

PDC 1 Development should not prejudice the development of a zone for its intended purpose.

Residential Development Obj 1 Safe, convenient, pleasant and healthy-living environments that meet the full range of

needs and preferences of the community.

Obj 4 Development that does not prejudice the achievement of the provisions of the Development Plan.

PDC 5 The use or conversion of a garage, shed or outbuilding for human occupation should not be undertaken.

Supported Accommodation and Housing for Seniors Obj 1 Provision of well-designed supported accommodation for community groups with special

needs.

Supported accommodation is not specifically listed as an envisaged land use within the Rural Living Zone or Precinct 12. Despite this, it does not imply the land use is an inappropriate one, particularly given it is not listed as a non-complying form of development and has been lawfully undertaken at 124 Martin Road since 2011. The types of uses that are envisaged for the zone include low scale residential and farming development. Supported accommodation is not expressly defined by the Development Act 1993 or Regulations 2008, but guidance on its definition is supplied by Council’s Development Plan. The policies provided for supported accommodation indicates that supported accommodation is housing for seniors and community groups with special needs and includes nursing homes, hostels, retirement homes, retirement villages, residential care facilities and special accommodation houses (refer to Supported Accommodation & Housing for Seniors General Section of Council’s Development Plan consolidated 23rd January 2018).

Supported accommodation is a form of residential development, a notion that was highlighted by the applicant when their first application was being considered by Council in 2011. The applicant points towards the judgement in The Environment Resources and Development Court in the matter of the South Australian Housing and Trust Development Assessment Commission v Cowdroy (1995) ELDR 333) and the Supreme Court (and ERD Court) in the matter of Harrow Trust v Adelaide Hebrew Congregation Inc. and the City of Burnside (2002) 221 LSJS449).

In the Harrow Trust Case, the ERD Court described the proposal (which was for a supported residential facility) as being, if not residential, so akin to a residential use in both its appearance and function that it was appropriate in a generic land use sense within the relevant area.



In the SA Housing Trust Development Assessment Commission v Cowdroy case, the ERD Court described a proposal for accommodation for disadvantaged youth as being primarily residential in nature and in keeping with the relevant residential zoning in questions. The principles of these judgements remain relevant to this current application for the expansion of the land use. The supported accommodation provided by SA Support Services is in the nature of supported residential care for vulnerable individuals who struggle to adapt to residential living situations. The accommodation replicates a normal home environment (living in dwelling type accommodation and undertaking typical residential daily tasks) but residents are provided with 24 hour on site supervision and support with their ongoing development. This is not dissimilar to other supported accommodation facilities such as nursing homes or residential care facilities. Supported accommodation such as that proposed with this application, is a residential development and should be examined in this manner when considering the merits of the proposal. The rural living zone anticipates residential development and although supported accommodation is not expressly listed as a desired, its nature, characteristics and the scale of the accommodation are akin to the types of residential development contemplated by the zone.

Further to this, the development is an orderly and natural expansion of the existing facility. The two parcels share a common boundary offering a way to efficiently expand the existing land use. The adjoining nature of the land enables for more effective pedestrian and vehicle movement to occur between the two sites, utilise unused parts of land and takes advantage of the serviced nature of 34 Park Way.

The expansion of the land use is appropriate within the context of the rural living zone. The development does not offend the intent or objective of the zone for large allotments, detached dwellings and rural activities that do not adversely impact the amenity of the locality. The development will continue to maintain the rural character and is not considered an unsuitable land use for the zone and locality. Furthermore, the development is an orderly expansion of an existing residential land use and will continue to maintain the rural living amenity of the surrounding locality. 7.2 Scale & Intensity of the Development

Rural Living Zone Obj 1 A zone consisting of large allotments, detached dwellings and rural activities that do not

adversely impact the amenity of the locality.

PDC 4 The keeping of animals should be ancillary to and in association with the residential use of the land.

PDC 7 Development should not be undertaken unless it is consistent with the desired character for the zone.

Interface between Land Uses Obj 1 Development located and designed to minimise adverse impact and conflict between

land uses.

Obj 2 Protect community health and amenity from adverse impacts of development.

Obj 3 Protect desired land uses from the encroachment of incompatible development.

PDC 1 Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following: a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants b) noise c) vibration d) electrical interference



e) light spill f) glare g) hours of operation h) traffic impacts.

PDC 2 Development should be sited and designed to minimise negative impacts on existing and

potential future land uses desired in the locality. Supported Accommodation and Housing for Seniors Obj 1 Provision of well-designed supported accommodation for community groups with special

needs.

PDC 2 Supported accommodation and housing for seniors should be designed to provide safe, secure, attractive, convenient and comfortable living conditions for residents that include: a) internal communal areas and private spaces b) useable recreation areas for residents and visitors, including visiting children c) spaces to accommodate social needs and activities, including social gatherings,

internet use, gardening, keeping pets, preparing meals and doing personal laundry d) storage areas for items such as boats, trailers and caravans e) mail boxes and waste disposal areas within easy walking distance of all units.

The intensity and scale of the proposal is an important consideration when examining the suitability of the land use as it relates to the locality. The number of residents and staff numbers who occupy the site overnight and the nature and extent of the activities undertaken on the land help determine the scale and potential impacts of the development.

7.2.1 Resident and staff numbers As part of the proposed expansion, the number of overnight residents (being SASS clients) and support staff is proposed to increase. Incidental to the expansion and the land use, the development may also result in changes to the nature and frequency of visitors to the land.

The existing facility at 124 Martin Road has development approval to accommodate eight people on the site overnight comprising up to six residents and two support workers in two accommodation buildings. One of these buildings is an existing dwelling and the other building was a converted granny flat which was destroyed by fire some years ago and no longer exists on the land. The application seeks to increase the occupancy of the facility by five people. The total number of residents and support works proposed is 13. Specifically, the development seeks to increase the number of residents by three people and the number of support workers by two people. The overnight occupants will occupy three buildings across the two allotments as highlighted in Table 4 below. Table 4 – Proposed occupancy arrangements

Accommodation Rate 124 Martin Road 34 Park Way Total site

EXISTING overnight accommodation rates

6 x residents 0 x residents 6 x resident

2 x support workers 0 x support workers 2 x support workers

8 TOTAL 0 TOTAL 8 TOTAL

PROPOSED overnight accommodation rates

6 x residents 3 x residents 9 x residents

3 x support workers 1 x support worker 4 x support workers

9 TOTAL 4 TOTAL 13 TOTAL (Increase of 5 people)

To restore the accommodation options at Martin Road, the application seeks to convert an existing outbuilding to a habitable building for supported accommodation. The application also includes the



increase in the overnight occupancy of Martin Road by one person (being a total of six residents and three support workers). The two accommodation buildings will be occupied as follows:

• three residents and two support workers will be accommodated in the existing dwelling; • three residents and one support worker will be accommodated in the converted outbuilding; • A TOTAL of nine people (six residents and three support workers) will be accommodated

overnight at 124 Martin Road – an increase of one person accommodated on the land overnight.

By expanding onto 34 Park Way, the development seeks to use the existing dwelling to accommodate up to three residents and one support worker overnight being a total of four people. As a result, a total of 13 people are to occupy the two allotments overnight, which is five more than is currently approved to occupy 124 Martin Road. This is an average 6.5 people per allotment which amounts to a small increase to the occupancy of each property. These overnight occupancy rates are not inconsistent with the number of residents that could be expected to occupy any typical residential land or rural living allotment. The development will double the area of the land for residents and support workers to use and with five additional people utilising twice as much land for residential purposes, there is not likely to be any detrimental impacts on the locality.

The number of residents and staff proposed across the two allotments is suitable for the capability of the land and the character of the locality. Further to this, allotments surrounding the site are of a similar size and comprise similar low density residential development which this development seeks to maintain by occupying an otherwise unoccupied residential parcel will be minimal, if any. 7.2.2 Resident Activities Residents undertake a range of programs and activities at 124 Martin Road including gardening, land maintenance, animal husbandry, general outdoor hobbies and cooking lessons. These activities are geared towards teaching residents important life skills and are not out of character with activities, which typically occur in association with residential development. These activities are anticipated to continue as part of the proposed expansion that includes new animal and bird enclosures. The development also incorporates new activities at 34 Park Way.

The existing outbuilding on 34 Park Way is proposed to be converted to a dedicated recreational and learning space for a computer room, mechanical workshop, and woodwork and exercise equipment for use by residents. The conversion incorporates internal fit out works providing a bathroom and separate computer room. It is anticipated that residents will learn a range of skills including general car maintenance training, woodworking skills and computer based activities. Activities will typically occur during the day and early evening and to be primarily confined to the building noting that on occasion, vehicles may be parked in the area surrounding the building.

The training space is available to the nine residents and four support workers who are proposed to reside at the facility. Residents will be supervised when using the building or any equipment within the building. Educational programs or assistance with the activities will be provided by on-site SASS staff (no external tutors are intended to host lessons on-site).

The activities in and around this building have drawn concern from some representors who have suggested that the nature and scale of the activities occurring within this building will have a detrimental effect on their enjoyment of the locality. There is also an assertion that the nature of the car repair and maintenance activities are of a commercial nature.

In response to the concerns, the applicant has pointed out some key aspects of the proposed activities in the outbuilding:

• All activities will be conducted during general daylight hours; • Activities will not generate noise that will be disruptive to the locality; • Use of the IT room will only involve use of computers in a closed room;



• Use of dumbbells and exercise equipment will only be available to people residing on the property and will be entirely indoors; and

• All activities conducted within the training facility could be conducted within any domestic outbuilding.

Importantly, the proposed expansion does not seek to undertake any activities, which might not be ordinarily regarded as incidental to a residential land use or rural living development. The activities and buildings on the land are available for residents and staff and whilst these new activities are to be contained in one building, its indoor environment serves as a way to better supervise residents and contain any external impacts (such as noise) from the activities. Furthermore, the use of the building for repairing and tuning of motor vehicles and computer based activities is in association with and ancillary to the supported accommodation use of the land and these activities would not exist but for the facility. The additional activities and their location are also not anticipated to have an unreasonable collective impact when considering the size and rural-residential nature of the two allotments making up the subject land. It is noted that the training building is in close proximity to a dwelling on the adjoining property to the west and there is little visual screening between the two parcels. Additional vegetation screening could be included along the shared boundary to assist in buffering the activities from the adjoining parcel of land. The use of the whole facility by five additional people is not an unreasonable intensity in this circumstance. 7.3 Car Parking and Vehicle Movements Transportation and Access Obj 2 Development that:

a) provides safe and efficient movement for all motorised and non-motorised transport modes

b) ensures access for vehicles including emergency services, public infrastructure maintenance and commercial vehicles

c) provides off street parking d) (d) is appropriately located so that it supports and makes best use of existing transport

facilities and networks.

PDC 22 Development should have direct access from an all weather public road.

PDC 23 Development should be provided with safe and convenient access which: a) avoids unreasonable interference with the flow of traffic on adjoining roads b) accommodates the type and volume of traffic likely to be generated by the

development or land use and minimises induced traffic through over-provision c) is sited and designed to minimise any adverse impacts on the occupants of and

visitors to neighbouring properties.

Supported Accommodation and Housing for Seniors PDC 3 Access roads within supported accommodation and housing for seniors developments

should: a) not have steep gradients b) provide convenient access for emergency vehicles, visitors and residents c) provide space for manoeuvring cars and community buses d) include kerb ramps at pedestrian crossing points e) (e) have level-surface passenger loading areas.

PDC 4 Car parking associated with supported accommodation and housing for seniors should:

a) be conveniently located on site within easy walking distance of resident units b) be adequate for residents, service providers and visitors



c) include covered and secure parking for residents’ vehicles d) have slip-resistant surfaces with gradients not steeper than 1-in-40 e) allow ease of vehicle manoeuvrability f) be designed to allow the full opening of all vehicle doors g) minimise the impact of car parking on adjacent residences owing to visual intrusion

and noise h) be appropriately lit to enable safe and easy movement to and from vehicles.

Residential Development PDC 37 On-site parking should be provided having regard to:

a) the number, nature and size of proposed dwellings b) proximity to centre facilities, public and community transport within walking distance

of the dwellings c) the anticipated mobility and transport requirements of the likely occupants,

particularly groups such as aged persons d) availability of on-street car parking e) any loss of on-street parking arising from the development (e.g. an increase in number

of driveway crossovers). Whilst the expansion proposes to utilise an additional 2ha of land, the scale and intensity of the expansion is not expected to result in a significant change in the nature and frequency of vehicle movements to and from the site. This matter was highlighted in several representations in addition to the form and condition of the trafficable and car parking areas on the land.

The land is well serviced with trafficable and car parking areas and the proposal seeks to maintain these areas. The Park Way site has a well-established access point and driveway that extends to the buildings and car parking areas on the eastern portion of the allotment. The Martin Road property will continue to be serviced by its existing formed access point and car parking areas centrally located on the site. The two sites are connected internally by an access track allowing for pedestrian and vehicle movement to occur within the site ensuring there will be limited additional demands on the road network.

The trafficable areas on the land are not sealed and some parts contain grasses or other similar surfaces which assist in maintaining the form and condition of the roadways and parking areas. The vehicle access points to both properties are well formed and consistent with the nature of other access points and driveways in the locality. Other residential properties in the locality do not generally have sealed driveways, crossovers or car parking areas and this is a consistent feature in most rural living areas. As the development proposes to maintain the rural living scale of the locality, it would be unreasonable to expect that the development will result in such an increase in traffic that it will require the sealing of trafficable areas. Furthermore, the applicant highlights the following:

• The majority of movement between the two sites will be by foot thus minimising the dust

nuisance. • Driveways on both properties are similar in form, surface material and width as others in the

locality. • Driveways in the locality surrounding the land are generally not sealed with any hard surface or

permeable gravel material thus it seems unreasonable and unnecessary to require. • Driveways and vehicle movement areas are generally setback from property boundaries and

are largely protected by native vegetation. These factors will assist in minimising dust nuisance to adjoining and surrounding sites.

The development will result in an increase in two support workers and three residents. Importantly, residents do not own their own vehicles so at no time is a resident vehicle ever expected to be stored or parked on the land. With the addition of two further support workers at the site, there is expected to be a small increase in staff vehicle movements and visitor vehicle movements. However, this is not likely to involve a significant number to cause an unreasonable increase in the volume of traffic. To alleviate some of the concerns of the representors, the applicant has offered to:

• Wet down trafficable areas during time of high wind when dust may be produced; and



• Provide additional vegetation planting along boundaries to assist in minimising dust nuisance.

These elements have been incorporated into conditions of consent for the consideration of the Panel. Given all of the above considerations, the proposed development is not likely to cause nuisance or disturbance to surrounding land or the road network and does not offend the relevant provisions of the development plan. 7.4 Visitors to the land The representors highlighted concerns that the development may result in an increase in the number of visitors to the land. Visitors must be reasonably expected to any residential land, and particularly a supported accommodation facility where residents may have additional support needs which cannot be provided for on-site (e.g. therapists and case workers). Visitors to the site must be expected from time to time and it is feasible to expect that the number of visitors may increase given three additional clients can reside on the land. With this in mind, visits are expected to occur within normal business hours and are not likely to be of significant frequency to result in unreasonable disturbance to adjoining and surrounding sites. The applicant also addresses suggestions from the representors that the development involves regular visits from SASS clients (who reside at their other facilities) to undertake training on the land. The applicant’s response to representation states:

“This allegation is irrelevant to the assessment of the proposed development. This application does not propose or contemplate that any residents from any other premises will attend the land and undertake training programs on the land.”

Whilst visits from other residents for training purposes or to participate in programs are not envisaged, it is expected that visitors from residents and staff from SA Support Services may visit the land from time to time. Given SA Support Services have a number of clients and staff spread across multiple sites, this is not unreasonable to expect on occasion. Importantly, some level of coming and going can be expected with any residential land and it is likely that the development and the additional residents and support workers may attract a slightly higher number of visitors. The land is capable of accommodating a moderate level of visitors through the provision of an adequate on-site wastewater system, car parking areas central to the sites and away from property boundaries and identifiable trafficable areas. Access to and from the site is well formed to accommodate regular residential traffic. The applicant has expressed that residents from other SA Support Services sites will not participate in programs at the facility or occupies the land overnight. The Panel may wish to enforce this commitment through a condition.

7.5 Visual Impact

Residential Development PDC 13 Garages, carports and outbuildings should have a roof form and pitch, building

materials and detailing that complement the associated dwelling.

PDC 15 Residential outbuildings, including garages and sheds, should not be constructed unless in association with an existing dwelling.

Design and Appearance PDC 7 The external walls and roofs of buildings should not incorporate highly reflective

materials which will result in glare.



Siting and Visibility PDC 6 The nature of external surface materials of buildings should not detract from the visual

character and amenity of the landscape.

PDC 7 The number of buildings and structures on land outside of urban areas should be limited to that necessary for the efficient management of the land.

PDC 8 Development should be screened through the establishment of landscaping using locally indigenous plant species: a) around buildings and earthworks to provide a visual screen as well as shade in

summer, and protection from prevailing winds b) along allotment boundaries to provide permanent screening of buildings and

structures when viewed from adjoining properties and public roads c) along the verges of new roads and access tracks to provide screening and minimise

erosion.

The visual impact of the development on surrounding land and the locality is likely to be limited. Although the representors raised some concerns that the development is visually disruptive to the character of the zone, the applicant demonstrates that the visual appearance of the development will not detract from the locality. The development proposes to utilise all existing buildings on the land and seeks to add a number of additional structures including shipping containers, animal enclosures, verandahs and a cool room building. All of these proposed buildings are not out of character with similar outbuildings and structures in the locality and are reasonable for a residential development of this nature. The sizes of buildings are not excessive and all will be finished in non-reflective materials to assist in minimising reflection or glare. Most buildings are setback from property boundaries which minimises their impact. Those which are located near boundaries (such as the animal enclosures) are proposed to be constructed from permeable materials which will maintain the open character near the allotment boundaries. The visual impact of the site is further minimised by the extensive vegetation planted on the subject land. The land is much more densely vegetated than most surrounding properties and notably assists with screening the site from adjoining properties and the public road. The applicant has offered to provide additional vegetation plantings to mitigate some of the concerns of the representors. The development seeks the placement of four shipping containers on the land. Whilst shipping containers are not especially appealing, they are practical, cheap and long lasting and have become a common feature of rural localities including the locality surrounding the subject land. A number of shipping containers are noted within the locality, many of which are more exposed to public view than those proposed with this application. The applicant also provides further discussion on the visual impact of the proposal: • The maximum eave height of any building is 3.6m. This is neither excessive nor uncommon for

domestic buildings on rural living allotments; • All buildings are suitably setback from property boundaries; • The nearest building is setback approximately 65m from Martin Road and visually screened by

extensive, established native vegetation; • The nearest building is setback approximately 125m from Park Way and visually screened by

extensive, established native vegetation; • The animal enclosures mainly comprise open wire mesh which is visually permeable; • Many of the buildings are externally clad in low-light reflective, neutral materials and colours; • Proposed site coverage is appropriate; and • Several shipping containers are situated on properties throughout the area.



Given the above, the development is unlikely to detract from the character of the rural living locality. The scale of the proposed buildings are suited to the capability of the land and complement existing built form. Furthermore, the existing vegetation on the land will obscure the land and buildings from surrounding areas, thus minimising any visual impact from the development. 7.6 Waste Management

Waste Obj 2 Development that includes the treatment and management of solid and liquid waste to

prevent undesired impacts on the environment including, soil, plant and animal biodiversity, human health and the amenity of the locality.

PDC 2 The storage, treatment and disposal of waste materials from any development should be achieved without risk to health or impairment of the environment.

PDC 10 Development that produces any sewage or effluent should be connected to a waste treatment system that complies with (or can comply with) the relevant public and environmental health legislation applying to that type of system.

PDC 15 A dedicated on-site effluent disposal area should not include any areas to be used for, or could be reasonably foreseen to be used for, private outdoor open space, driveways, car parking or outbuildings.

The representations identified concern with respect to the on-site wastewater systems and works affecting the land. A development authorisation can deal with limited matters affecting on-site wastewater systems and can primarily address aspects around the availability and capacity of the land to provide adequate wastewater management for a development. With this proposal, and on advice from Council’s Environmental Health Officers, the following wastewater requirements have been identified: • The existing dwelling on 34 Park Way is connected to an approved on-site wastewater system

that is adequate for the supported accommodation land use. No works to this system are required.

• The outbuilding at 34 Park Way is connected to a small on-site wastewater system and Council has not record of approval for this system. An engineer’s investigation into the adequacy and quality of this system is required. Council may not require an application for an on-site wastewater system for this work if the engineer’s investigations and any required works are deemed adequate by Council. A Certificate of compliance for these works should be provided to Council. It is recommended that this requirement be included into a reserved matter requiring the submission of an engineer’s report with recommendations for approval by Council.

• The existing dwelling and habitable outbuilding at 124 Martin Road should be connected to a new on site wastewater system comprising one single system connected to both buildings. Any existing system(s) connected to either building shall be decommissioned. An application for these wastewater works was recently approved by Council.

There are clear and practical wastewater solutions available to serve the proposed development and the timely action of these matters can be assured through conditions of consent and reserved matters. To provide further assurance that these requirements can be undertaken, the conditions and reserved matters can be worded to allow for further and/or final Council input if appropriate. Given these considerations, the development demonstrates that it will be provided with adequate wastewater management solutions, which achieve the intent of relevant development plan provisions listed above. 8. ASSESSMENT SUMMARY The application has been assessed against the Rural City of Murray Bridge Development Plan, consolidated 23rd January 2018.



When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality, the nature of the proposed development and representations received, the application is considered appropriate in that the proposed expansion of the existing supported accommodation land use (and associated built form) will not offend the provisions of the Rural Living Zone. Twelve representations have been received in relation to this proposal and it is evident that there are a range of concerns regarding the impact of the development on the locality, which include the suitability of the land use, traffic impacts, nuisance and amenity impacts and visual appearance. The representations also raise a number of other concerns that cannot be dealt with as part of the planning assessment of the application. The applicant has demonstrated that the proposal is appropriate for the zone and that any impacts of the development can be effectively managed to not detract from or impair the surrounding locality. It is therefore considered that the proposed development is not seriously at variance with the relevant provisions of Development Plan and on this basis displays sufficient merit to warrant approval for the following reasons: • The proposal comprises the expansion of an existing approved supported accommodation

development, which is recognised as a residential land use. • The scale and nature of the expansion is consistent with the rural-residential development of the

surrounding locality and the character intended for the Rural Living Zone. • The expansion is orderly and takes advantage of the relationship of the allotments, the

serviceability of the site and the size of the land. • Activities undertaken on the land and within the buildings can be reasonably expected within a

rural residential locality are not proposed to accommodate excessive numbers of people or be undertaken at an inappropriate scale.

• The development demonstrates that it will be or can be adequately serviced by suitable on-site wastewater system to accommodate anticipated demand arising from the supported accommodation land use.

• The development will result in an increase of five additional people at the site resulting in an average of 6.5 people per allotment. These occupancy rates are not unlike the typical occupancy of other rural living allotments in the locality and are not considered excessive or unreasonable given the size of the subject land.

• Is not likely to result in an unreasonable increase in traffic movements or visitors to and from the land to an unreasonable level.

• The impacts from vehicle movement, pedestrian movement and other activities undertaken on the land can be effectively managed to minimise any negative impact on surrounding properties.

RECOMMENDATION Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated 23rd January 2018, and consideration of written & verbal representations, the Council Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at

variance with the relevant provisions of the Rural City of Murray Bridge Development Plan.

B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/60/2018 be GRANTED Development Plan Consent subject to the following Reserved Matters & Conditions:

RESERVED MATTERS 1. Pursuant to Section 33 (3) of the Development Act 1993, the following reserved matter must be

met prior to issuing Development Approval:

(a) The applicant shall supply the Council with an engineer’s report prepared by a suitably qualified wastewater engineer to confirm an adequate wastewater solution for the subject site to the Council’s reasonable satisfaction, taking into account: o the size and capacity of the existing wastewater system; and



o if the existing system is an adequate size and design to accommodate the anticipated load; and

o if the existing system is adequately installed; and o the recommended nature of any new or alteration works required to supply the building

with an effective and adequate wastewater system; o provide evidence of any investigation; and o provide any relevant drawings, calculations, plans or other supporting documentation.

(b) The applicant shall supply the Council with a landscaping plan identifying that additional

vegetation shall be planted: o adjacent the northern portion of the western boundary if 124 Martin Road. The planting

shall be placed between the fence ling and the access track (which connects 124 Martin Road and 34 Park Way); and

o adjacent the northern and southern boundaries of 34 Park Way which interfaces with 114 Martin Road.

o the vegetation shall comprise native species and provided at a volume and density which when mature, will provide a screening effect.

C. Pursuant to Section 33(1) of the Development Act 1993, the Council reserves its decision on the

form and substance of any further conditions of development plan consent that it considers appropriate to impose in respect of the reserved matters set out above.

DEVELOPMENT PLAN CONSENT CONDITIONS: 1. That except where minor amendments may be required by other relevant Acts, or by conditions

imposed by this application, the development shall be established in strict accordance with the following details and plans submitted in development application number 415/60/2018.

Plan numbers listed here: • Cool room & verandah elevations (buildings 8 & 9), 124 Martin Road, dated 16/7/2018,

revision 1 • Floor plan of converted outbuilding including verandah & cool room (buildings 8, 9, 11 &

12), 124 Martin Road, dated 16/7/2018, revision 2 • Aviary elevations (building 7), 124 Martin Road, dated 16/7/2018, revision 1 • Aviary floor plan (building 7), 124 Martin Road, dated 19/06/2018, revision 1 • Floor plan existing dwelling (building 3), 124 Martin Road, dated 16/07/2017, revision 2 • Site Plan, 124 Martin Road, dated 16/7/2018, revision 4 – AMENDED PLAN 23/7/2018 • Floor plan of training facility outbuilding (building 8), 34 Park Way, dated 16/7/2018, revision

2 • Floor plan of existing dwelling including decks and carport (buildings 3, 2, 4 & 5), 34 Park

Way dated 16/7/2018, revision 2 • Deck elevations (building 2), 34 Park Way dated 16/7/2018, revision 1 • Animal enclosure (building 1), 34 Park Way dated 16/7/2018, revision 1 • Site Plan, 34 Park Way dated 16/7/2018, revision 2 – AMENDED PLAN 23/7/2018

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

2. The development shall be used for supported accommodation purposed only and be used for

overnight accommodation in accordance with the occupancy rates and locations indicated below:

Building Maximum number of residents

Maximum number of support workers Total

Dwelling at 124 Martin Road 3 residents 2 support workers 5 people

Converted out building at 124 Martin Road 3 residents 1 support worker 4 people



Dwelling at 34 Park Way 3 residents 1 support worker 4 people

Total 13 people

Reason: To ensure the development proceeds in the scale and manner intended.

3. All proposed buildings on the land including the shipping containers, animal enclosures and

outbuildings shall only be used in association with supported accommodation and only by the residents of the subject site and support staff and shall at no time be used for any other purpose not directly related to the supported accommodation activities undertaken on the subject land, to the reasonable satisfaction of Council.


4. The use of and activities within the training outbuilding located at 34 Park Way shall be

undertaken to the reasonable satisfaction of Council and in accordance with the following:

• Activities within the building involving mechanical workshop and shall be restricted to daylight hours between 9am and 4pm Monday to Friday and 9am to 11am on Saturdays; and

• Activities within the building involving the computer room and the use of exercise equipment shall be restricted to daylight and early evening hours between 9am to 7pm Monday to Sunday; and

• Residents shall be supervised at all times within the building; and • Only the 9 residents and 4 support workers residing and working on the site shall be

permitted to use the building; and • The building shall only be used for training, recreation and leisure purposes associated with

supported accommodation undertaken on the land and at no time shall be used for any commercial purpose.

• All waste from the vehicle maintenance activities shall be safely and effectively stored and disposed of, to the reasonable satisfaction of Council.

Reason: To ensure the activities within the outbuilding proceed in an orderly manner.

5. The approved wastewater system(s) for the subject site shall be installed, connected to the

buildings and be in working functioning order not later than 12 months from the date of development approval. To demonstrate compliance with this condition, the applicant shall provide a certificate of compliance to Council.

Reason: To ensure the habitable buildings are connected to approved on-site wastewater

systems within a timely manner. 6. All trafficable areas on the land including driveways, tracks, car parking areas and the track

along the western boundary of 124 Martin Road which connects the allotment to 34 Park Way shall be developed and managed in accordance with the following: • The trafficable areas shall be wet down or an adequate dust suppressing and trafficable

material (such as grasses, gravel or the like) shall be placed on trafficable areas during times of high wind or other conditions where dust particles may easily travel in the environment, to the reasonable satisfaction of Council; and

Reason: To ensure that all trafficable and car parking areas are sufficiently installed an

maintained. 7. Animal keeping on the subject site is to occur only in the animal enclosures on the Site Plans and

only for the type and quantity of animals listed on the Description on the Site Plan, to the reasonable satisfaction of Council.



Reason: To ensure the amenity of the locality is not unreasonably affected by impacts from the animal keeping.

8. All new trafficable areas on the subject land shall comply with section 2.3.3.1 the Minister’s Code

for Undertaking Development in Bushfire Protection Areas (as amended October 2012), to the reasonable satisfaction of Council. Reason: To ensure the development complies with the Minister’s Code for Undertaking Development in Bushfire Protection Areas.

DISCUSSION The Panel heard from Mr Frank Brennan (speaking on behalf of Ms Jody Harris) via phone linkup, Ms Jody Harris (speaking on behalf of Mr Andrew & Mrs Julie Webb, Mr Garry Lauter, Mr Craig Williams and Mr Alan Keller), Mrs Janet King, Ms Lisa Fiegert and Mrs Donna Box (also speaking on behalf of Mr Murray Box) via phone linkup, advised of their concerns with the proposed development. Staff members Mr Andrew Meddle, Ms Cherry Getsom and Ms Vanessa Van Eck entered the meeting at 10:20 am. Ms Annette Schmidt, SA Support Services, Mr Phillip Harnett, URPS, and Mr James Jordan, Botten Levinson, responded on behalf of the applicant to the representors concerns and questions from Panel members. The Panel discussed the application at length and reached the following decision. DECISION Mr Tony Huppatz moved Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated 23rd January 2018, and consideration of written & verbal representations, the Council Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at

variance with the relevant provisions of the Rural City of Murray Bridge Development Plan.

B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/60/2018 be GRANTED Development Plan Consent subject to the following Reserved Matters & Conditions:

RESERVED MATTERS 1. Pursuant to Section 33 (3) of the Development Act 1993, the following reserved matter must be

met prior to issuing Development Approval:

(a) The applicant shall supply the Council with an engineer’s report prepared by a suitably qualified wastewater engineer to confirm an adequate wastewater solution for the subject site to the Council’s reasonable satisfaction, taking into account: o the size and capacity of the existing wastewater system; and o if the existing system is an adequate size and design to accommodate the anticipated

load; and o if the existing system is adequately installed; and o the recommended nature of any new or alteration works required to supply the building

with an effective and adequate wastewater system; o provide evidence of any investigation; and o provide any relevant drawings, calculations, plans or other supporting documentation.

(b) The applicant shall supply the Council with a landscaping plan identifying that additional

vegetation shall be planted:



o adjacent the northern portion of the western boundary of 124 Martin Road. The planting shall be placed between the fence and the access track (which connects 124 Martin Road and 34 Park Way); and

o adjacent the northern and southern boundaries of 34 Park Way which interfaces with 114 Martin Road.

o the vegetation shall comprise native species and provided at a volume and density which when mature, will provide a screening effect.

C. Pursuant to Section 33(1) of the Development Act 1993, the Council reserves its decision on the

form and substance of any further conditions of development plan consent that it considers appropriate to impose in respect of the reserved matters set out above.

DEVELOPMENT PLAN CONSENT CONDITIONS: 1. That except where minor amendments may be required by other relevant Acts, or by conditions

imposed by this application, the development shall be established in strict accordance with the following details and plans submitted in development application number 415/60/2018.

Plan numbers listed here: • Cool room & verandah elevations (buildings 8 & 9), 124 Martin Road, dated 16/7/2018,

revision 1 • Floor plan of converted outbuilding including verandah & cool room (buildings 8, 9, 11 &

12), 124 Martin Road, dated 16/7/2018, revision 2 • Aviary elevations (building 7), 124 Martin Road, dated 16/7/2018, revision 1 • Aviary floor plan (building 7), 124 Martin Road, dated 19/06/2018, revision 1 • Floor plan existing dwelling (building 3), 124 Martin Road, dated 16/07/2017, revision 2 • Site Plan, 124 Martin Road, dated 16/7/2018, revision 4 – AMENDED PLAN 23/7/2018 • Floor plan of training facility outbuilding (building 8), 34 Park Way, dated 16/7/2018, revision

2 • Floor plan of existing dwelling including decks and carport (buildings 3, 2, 4 & 5), 34 Park

Way dated 16/7/2018, revision 2 • Deck elevations (building 2), 34 Park Way dated 16/7/2018, revision 1 • Animal enclosure (building 1), 34 Park Way dated 16/7/2018, revision 1 • Site Plan, 34 Park Way dated 16/7/2018, revision 2 – AMENDED PLAN 23/7/2018


2. The development shall be used for supported accommodation purposed only and be used for

overnight accommodation in accordance with the occupancy rates and locations indicated below:

Building Maximum number of residents

Maximum number of support workers Total

Dwelling at 124 Martin Road 3 residents 2 support workers 5 people

Converted out building at 124 Martin Road 3 residents 1 support worker 4 people

Dwelling at 34 Park Way 3 residents 1 support worker 4 people

Total 13 people

Reason: To ensure the development proceeds in the scale and manner intended.



3. All proposed buildings on the land including the shipping containers, animal enclosures and

outbuildings shall only be used in association with supported accommodation and only by the residents of the subject site and support staff and shall at no time be used for any other purpose not directly related to the supported accommodation activities undertaken on the subject land, to the reasonable satisfaction of Council.


4. The use of and activities within the training outbuilding located at 34 Park Way shall be

undertaken to the reasonable satisfaction of Council and in accordance with the following:

• Activities within the building involving mechanical work shall be restricted to daylight hours between 9am and 4pm Monday to Friday and 9am to 11am on Saturdays; and

• Activities within the building involving the computer room and the use of exercise equipment shall be restricted to daylight and early evening hours between 9am to 7pm Monday to Sunday; and

• Residents shall be supervised at all times within the building; and • Only the 9 residents and 4 support workers residing and working on the site shall be

permitted to use the building; and • The building shall only be used for training, recreation and leisure purposes associated with

supported accommodation undertaken on the land and at no time shall be used for any commercial purpose.

• All waste from the vehicle maintenance activities shall be safely and effectively stored and disposed of, to the reasonable satisfaction of Council.

Reason: To ensure the activities within the outbuilding proceed in an orderly manner.

5. The approved wastewater system(s) for the subject site shall be installed, connected to the

buildings and be in working functioning order not later than 12 months from the date of development approval. To demonstrate compliance with this condition, the applicant shall provide a certificate of compliance to Council.

Reason: To ensure the habitable buildings are connected to approved on-site wastewater

systems within a timely manner. 6. All trafficable areas on the land including driveways, tracks, car parking areas and the track

along the western boundary of 124 Martin Road which connects the allotment to 34 Park Way shall be developed and managed in accordance with the following: • The trafficable areas shall be wet down or an adequate dust suppressing and trafficable

material (such as grasses, gravel or the like) shall be placed on trafficable areas during times of high wind or other conditions where dust particles may easily travel in the environment, to the reasonable satisfaction of Council.

Reason: To ensure that all trafficable and car parking areas are sufficiently installed and

maintained. 7. Animal keeping on the subject site is to occur only in the animal enclosures on the Site Plans and

only for the type and quantity of animals listed on the Description on the Site Plan, to the reasonable satisfaction of Council.

Reason: To ensure the amenity of the locality is not unreasonably affected by impacts from the

animal keeping.



8. All new trafficable areas on the subject land shall comply with section 2.3.3.1 the Minister’s Code for Undertaking Development in Bushfire Protection Areas (as amended October 2012), to the reasonable satisfaction of Council. Reason: To ensure the development complies with the Minister’s Code for Undertaking Development in Bushfire Protection Areas.

9. A minimum of two (2) support workers shall be present on the subject land at all times residents are present on the subject land. Reason: To ensure the development proceeds in an orderly manner.

Seconded by Cr Karen Eckermann and CARRIED upon casting vote of the Presiding Member

Cr Karen Eckermann left at 11:22 am and did not return to the meeting. Ms Giulia Mason left the meeting at 11:22 am.

Attachments 1. Attachment 1 – Application Plans and Documents 415/60/2018 Attachment 2. Attachment 2 - Representations and Applicant's Response Attachment



6.2 Date of Panel Meeting : 19 October 2018

DA NUMBER 415/213/2018 PROPOSAL Alterations and Additions to existing Lerwin Nursing Home

comprising; • Construction of additional 20 rooms and conversion of existing 15 double rooms to single occupancy to accommodate a total of 5 new residents, • Extension to include, lounge space, dining areas, tea rooms, consulting rooms, internal retail space and courtyard • Construction of an internal bird aviary and internal above ground fishpond or reflection pool

APPLICANT Matthews Architects and Interior Designers

LOCATION No 67, Lot 75 Joyce Street Murray Bridge (CT: 5968/956)

ASSESSING OFFICER Vanessa Van Eck ZONE/POLICY AREA/PRECINCT Community Zone, MuBr/28 NATURE OF DEVELOPMENT Merit PUBLIC NOTIFICATION CATEGORY Category Three REPRESENTATIONS Nil AGENCY CONSULTATIONS Not required INTERNAL REFERRALS Council Engineer

Council City Assets DEVELOPMENT PLAN Rural City of Murray Bridge Development Plan Consolidated

23rd January 2018 RECOMMENDATION Development Plan Consent – subject to conditions

Background This application seeks Development Plan Consent to upgrade and extend the existing Lerwin nursing home, located at 67 Joyce Street, Murray Bridge. The property and facility is owned and operated by the Rural City of Murray Bridge. Council is proposing to undertake this project in order to improve the current facilities that have become outdated and underutilised over time. As Council is the owner of the land and operates the facility the State Commission Assessment Panel (SCAP) was approached to request that they act as the relevant authority. The SCAP confirmed they were satisfied that Council act as the relevant authority on the basis that the process be transparent and that the final decision be made by the Council Assessment Panel to ensure an independent decision. Proposal The application seeks Development Plan Consent for an upgrade and extension to the existing Council owned and operated 75 bed nursing home facility known as the “Lerwin Nursing Home”. In particular the alterations and additions proposed to the existing Lerwin Nursing Home comprise; • The construction of an additional 20 rooms and conversion of 15 existing double rooms to

single occupancy rooms in order to accommodate a total of 5 new residents; • An extension to incorporate lounge space, dining areas, tea rooms, consulting rooms, internal

retail space and a courtyard; • The construction of an internal bird aviary and internal above ground fishpond / reflection pool The subject land is identified as 67 Joyce Street, Murray Bridge. However, it also has immediate frontage to Swanport Road and adjoins 59-71 Joyce St to the south. The property identified as 59-71 Joyce St is also in the ownership of Council and provides additional car parking for the facility. The



two allotments effectively function as one site. The subject land has a site area of 13, 917m2 whilst the facility as a whole covers an area of 16, 930m2. The extension will be constructed of a combination of rendered block work walls and brick work with rendered quoins to each window, and will incorporate a ‘colorbond’ roof. It has a total floor area of approximately 2,400m2. The design includes 20 additional rooms a new kitchen / dining and lounge area, consulting rooms and courtyard, construction of an internal bird aviary and internal above ground fishpond / reflection pool. The extension will be attached to the south western side of the existing building which faces Swanport Road. The front façade of the extension is proposed to face Swanport Road. This façade includes a staggered setback, which consists of a portion of the building on the roadside property boundary and the remainder of the building being setback at a distance of 4m. This elevation includes a verandah. The setback to the adjoining properties located to the north and south is similar to that proposed for Swanport Road. The existing 24 hour operation of the facility remains unchanged and the extension provides for a total increase of 5 new residents. Whilst an additional 20 rooms are to be established the proposal includes the upgrade of 15 existing double occupancy rooms to make them suitable for single occupancy use. Access to the extension is provided by an open passage link to the existing nursing home building. The site has access to the relevant services being water supply, mains sewer and electricity. Car parking and access to the site remain unchanged and is provided by the existing access point from Joyce Street to the existing carpark on site. A copy of the plans, elevations and documentation is provided in Attachment 1. Site and locality The subject land is identified as number 67, allotment 75 Joyce Street Murray Bridge (CT: 5968/956), it does however have frontage to Swanport Road. The site is centrally located within both a residential and commercial (Local Centre Zone) area and adjoins a main arterial road being Swanport Road. Access to the site is provided by a secondary road being Joyce Street. The existing facility is located approximately 1.3 kilometres south of the town centre of Murray Bridge. The allotment is reasonably large being 13,917m2 in size with a 60m frontage to Swanport Road and 98.55m frontage along Joyce Street. The access point located on Joyce Street, leads to the existing onsite bitumen carpark. The site is currently being used as an existing 75 bed residential aged care facility. The brick veneer building will be upgraded and extended to accommodate a total of 5 new residents. The topography of the site is reasonably flat and includes existing landscaping. The immediate locality consists of a variety of different land uses, this includes residential dwellings to the east, a primary school, supermarket and petrol station to the south, a shop and residential land uses to the west and to the north is Murray Bridge Hospital. The wider locality displays predominantly well-established residential land uses.



Figure 1 - Locality Plan (Spectrum Spatial Analyst 2017)

Nature of Development The subject land is located in the Community Zone of the Council’s Development Plan consolidated 23 January 2018. The proposal being an alteration and addition to an existing nursing home falls within the following definition contained within Schedule 1 of the Development Regulations 2008:

“nursing home means a place for the care of the aged and infirm where no care of outpatients or surgery is undertaken”

The proposal is not listed as non-complying, and does not meet the complying criteria in the Development Regulations 2008. Therefore the development is to be assessed on its merits and as such is measured against the relevant provisions of the Development Plan. Public Notification The proposal does not fall within the criteria for a Category 1 or Category 2 type of development within the Development Plan nor the Development Regulations 2008. As such, the development is designated as a Category 3 form of development. Public notification was undertaken in accordance with the Development Act 1993, 38 (5), as such the adjoining properties that are considered to be impacted by the proposal were notified, along with the public in general through an advert in the local paper (the Murray Valley Standard). The public notification period occurred between 16 August 2018 and 30 August 2018. No representations were received through the public notification process.



Referrals COUNCIL ENGINEER The application was referred internally to Council City Infrastructure Department for assessment. The advice provided noted that stormwater generated from the development should be directed to the Joyce Street water table in order to allow the stormwater runoff onto Wickens Reserve to the south east. The advice stated it was also necessary to detain the post development stormwater runoff to pre-development stormwater runoff for a 1 in 10 year ARI storm. These points will be included as conditions on the Development Plan Consent (if so issued) to ensure the stormwater is managed appropriately to meet Council requirements. A copy of the Engineer’s memo is included with Attachment 2. COUNCIL CITY ASSETS DEPARTMENT The application was referred internally to Council’s City Assets Department. The following advice was provided;

“The land is owned by Council as freehold, with an easement over the affected area for Electricity purposes (as indicated on the Certificate of Title). There is also a gas pipeline that runs along the Swanport Road property boundary and into the property itself, this is not identified on the CT.”

The Council’s City Infrastructure Team has provided written advice that the electricity easement and the gas pipe will be moved prior to construction. These points will be included as advisory notes on any consent. A copy of the memo from the City Assets Department is included in Attachment 3. Development Assessment The subject land is contained within the Community Zone and as such the application has been considered primarily against the provisions of the Development Plan relevant to this zone. The key planning issues associated with this development relate to land use, setback, design, amenity and car parking. The following objectives and principles of the Development Plan are considered the most relevant in the assessment of this application: Land use Zone Section – Community Zone Objective 1 A zone accommodating community, educational, recreational and health care and

correctional facilities for the general public’s benefit. 2 Development that is integrated in function and provides a coordinated base to promote

efficient service delivery. Desired Character Statement The zone will accommodate a range of community, education, recreation, health care, institutional and associated activities to meet the needs of Murray Bridge and its region. Land within the zone fronting Beatty Terrace and Swanport Road will accommodate a cluster of educational and related facilities, including vocational and other education services, conference and meeting facilities and ancillary activities including small offices and residential accommodation



Principles of Development Control 1 The following forms of development are envisaged in the zone:

▪ cemetery ▪ community centre ▪ conference and meeting facilities ▪ consulting room ▪ correctional facility within Precinct 22 Mobilong Correctional Facilities ▪ educational establishment ▪ emergency services facility ▪ hall ▪ health facility ▪ hospital ▪ library ▪ office associated with community service ▪ place of worship ▪ public administration office ▪ recreation centre ▪ residential accommodation ancillary to community services or educational establishments ▪ theatre ▪ welfare institution.

3 Development should not be undertaken if it would inhibit or prejudice the integrated

development of land within the zone for further community and institutional uses. General Section – Supported accommodation and Housing for Seniors Objectives 1 Provision of well-designed supported accommodation for community groups with special

needs. Principles of Development Control 1 Supported accommodation and housing for seniors (including nursing homes, hostels,

retirement homes, retirement villages, residential care facilities and special accommodation houses) should be:

(a) located within walking distance of essential facilities such as convenience shops, health

and community services and public and community transport. (b) located where on-site movement of residents is not unduly restricted by the slope of the

land (c) sited and designed to promote interaction with other sections of the community, without

compromising privacy (d) of a scale and appearance that reflects the residential style and character of the locality (e) provided with public and private open space and landscaping.

2 Supported accommodation and housing for seniors should be designed to provide safe,

secure, attractive, convenient and comfortable living conditions for residents that include:

(a) internal communal areas and private spaces (b) useable recreation areas for residents and visitors, including visiting children (c) spaces to accommodate social needs and activities, including social gatherings, internet

use, gardening, keeping pets, preparing meals and doing personal laundry (d) storage areas for items such as boats, trailers and caravans mail boxes and waste disposal

areas within easy walking distance of all units.



3 Access roads within supported accommodation and housing for seniors developments should:

(a) not have steep gradients (b) provide convenient access for emergency vehicles, visitors and residents (c) provide space for manoeuvring cars and community buses (d) include kerb ramps at pedestrian crossing points (e) have level-surface passenger loading areas.

4 Car parking associated with supported accommodation and housing for seniors should:

(a) be conveniently located on site within easy walking distance of resident units (b) be adequate for residents, service providers and visitors

The zone objectives envisage health care facilities provided for the public benefit; the proposed extension seeks to expand upon an existing, approved and appropriate land use. The existing Lerwin Nursing Home facility provides residential aged care, non-dedicated respite care, gardens and palliative care. These services are expected to continue with this proposal, and will be able to be provided in a more efficient and modern environment. The locality provides a mixture of facilities which includes the local hospital and this existing nursing home. The upgrade of the existing building includes converting 15 double occupancy rooms to single occupancy rooms and the extension includes the construction of 20 additional rooms. This proposal allows for a total of 5 new residents for this existing 75 bed facility, and it provides a much needed upgrade to the existing facility. The new kitchen/ dining and café area will provide improved services for the residents. The proposal includes a courtyard area, a reflection pool / fish pond and a bird aviary. The indoor bird aviary is to house the existing birds kept on site. As the room is enclosed, it is anticipated there will be no excessive noise emanating from this part of the building. These facilities are aimed at enhancing the resident’s lifestyle by providing enrichment in their everyday lives. The improved provision of facilities is also considered consistent with provisions relating to housing for seniors in that it provides greater opportunities for social interaction and provision of social services such as hairdressing. The proposal is not considered to inhibit the future development of adjoining sites, as the proposed extensions will be constructed entirely within the property boundaries and the land use already exists. The nursing home proposal is considered to positively contribute to the desired character for the area by way of providing aged residential accommodation within a locality consisting of community services and health care facilities. The proposal will provide a much needed improvement to facilities for the community to use by way of providing aged residential care at a reasonable cost to the individual. The subject land has access to the appropriate services such as water and electricity. Access is provided via the existing carpark facilities that are suitably located within the site; car park provision is considered suitable to accommodate the resident’s needs, visitor parking and the employees of the site. No changes to the car parking provision have been identified as part of this proposal, nor have they been considered necessary by Council’s City Infrastructure Department.



Setback and Design General Section – Design and Appearance- Buildings Setback from Road Boundaries

Principle of Development Control

18 The setback of buildings from public roads should:

(a) be similar to, or compatible with, setbacks of buildings on adjoining land and other buildings in the locality

(b) contribute positively to the streetscape character of the locality (c) not result in or contribute to a detrimental impact upon the function, appearance or

character of the locality. General Section – Design and Appearance

Objective

1 Development of a high architectural standard that responds to and reinforces positive aspects of the local environment and built form.


1 The design of a building may be of a contemporary nature and exhibit an innovative style provided the overall form is sympathetic to the scale of development in the locality and with the context of its setting with regard to shape, size, materials and colour.

2 Buildings should be designed and sited to avoid creating extensive areas of uninterrupted

walling facing areas exposed to public view.

3 Buildings should be designed to reduce their visual bulk and provide visual interest through design elements such as: (a) articulation (b) colour and detailing (c) small vertical and horizontal components (d) design and placing of windows (e) variations to facades.

The Community Zone provides limited guidance in relation to design and appearance provisions and as such, this report focusses on General Section provisions contained within the Development Plan. As noted previously, the front façade of the building extension faces Swanport Road this facade includes a staggered setback that consists of a portion of the building on the Swanport roadside property boundary with the remainder of the building setback at 4m. The building includes a verandah on this elevation. The building façade consists of external cladding materials that are a combination of rendered block wall and brick with rendered quoins and a ‘colorbond’ roof. In considering these materials and the staggered front façade design, the setback is considered to be acceptable and will not detrimentally impact on the locality by way of appearance. Whilst some of the buildings located on adjoining properties do show a setback that is slightly larger than what is proposed within this application, the setback is considered to be reasonable in the context of the locality. There are several neighbouring commercial buildings such as the petrol station and the supermarket with similar setbacks to what is proposed. Therefore it is considered the proposal provides a reasonable setback to the Swanport Road property boundary.



The external materials and design of the proposed building extension are consistent with the design of the existing building. The materials are considered to be of a high standard and the bulk and scale of the design will be reduced by the use of these various types of materials. The windows which include rendered quoins create a visual interest along the front façade. As such the design is considered to be sympathetic to both the residential and commercial activities within locality. Amenity General Section – Orderly and Sustainable Development Objective

1 Orderly and economic development that creates a safe, convenient and pleasant environment in which to live.

2 Development occurring in an orderly sequence and in a compact form to enable the

efficient provision of public services and facilities. General Section – Interface between Land Uses Objective

1 Development located and designed to prevent adverse impact and conflict between land uses.


2 Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:

(b) noise (g) hours of operation (h) traffic impacts.

The building extension is sited on the allotment so as to have minimal impact on the adjoining residential locality. The extension is to occur on the western boundary, facing Swanport Road, whilst residential allotments are located to the east of the site. As the existing facility operates 24 hours a day, and the extension will only increase the total number of residents by 5, the noise levels are not expected to increase unreasonably. The hours of operation are proposed to remain the same. Traffic to the site is also not expected to increase significantly. As a result it is considered that the development will not have a detrimental impact on the amenity of the locality. Car parking General Section – Transportation and Access

Principle of Development Control 29 Development should be sited and designed to provide convenient access for people

with a disability

30 Development should provide off-street vehicle parking and specifically marked disabled car parking places to meet anticipated demand in accordance with MuBr/2 - Off Street Vehicle Parking Requirements.



The existing site has sufficient car parking facilities to meet the needs of the existing nursing home. As the increase in resident numbers is a total of 5, and the employee numbers remain the same it is considered that the existing car parking arrangements are suitable and will appropriately meet the needs of the nursing home extension. Assessment Summary The proposed development is considered to satisfy the intent of the Rural City of Murray Bridge Council Development Plan for the following reasons: • The proposal is an extension to an existing approved land use which is consistent with

envisaged land uses within the Community Zone; • The proposal provides medium scale suitable aged care residential accommodation that

meets the needs of the community; • The setbacks from the road side boundaries are considered to be reasonable and acceptable

for the locality; • The design, scale and materials are appropriate in context of the immediate locality; and • The proposal provides sufficient off street vehicle car parking. Accordingly it is considered that the proposal warrants the granting of Development Plan Consent subject to conditions and notations. RECOMMENDATION Following a detailed assessment of the proposal against the provisions of the Rural City of Murray Bridge Development Plan: A. That pursuant to Section 35 (2) of the Development Act 1993, the proposal is not seriously at

variance with the relevant provisions of the Murray Bridge Council Development Plan. B. That Pursuant to Section 33 of the Development Act, 1993, Development Application Number

415/213/2018 be GRANTED Development Plan Consent subject to the following conditions: DEVELOPMENT PLAN CONSENT CONDITIONS: 1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/213/2018.

Plan numbers listed here:

• Existing Site plan, Matthews Architects Interior Designers, 17094 SK003, 30/5/18 A1, Drawn VS,

• Proposed Site plan, Matthews Architects Interior Designers, 17094 SK004, 30/5/18 A1, Drawn VS,

• Proposed Floor plan, Matthews Architects Interior Designers, 17094 SK005, 30/5/18 A1, Drawn VS,

• Proposed Elevations, Matthews Architects Interior Designers, 17094 SK006, 30/5/18 A1, Drawn VS,

• 3D Artists Impression, Matthews Architects Interior Designers, 17094 SK008, 30/5/18 A1, Drawn KM,

Reason: To ensure the development proceeds in an orderly manner. 2. All stormwater from roof areas must be discharged to the Joyce Street water table, to the

satisfaction of Council. Reason: To ensure stormwater is disposed of in a controlled manner.



3. Stormwater management plans identifying how stormwater run-off from the site is to meet pre-development stormwater run-off and be capable of withstanding a 1 in 10 year ARI storm event, are to be provided to and approved by Council, prior to the commencement of construction.

Reason: To ensure stormwater is disposed of in a controlled manner. 4. A Construction Management Plan, detailing all works to occur on the site, and management

thereof shall be provided to Council for approval prior to the commencement of any work on site.

Reason: To ensure the development proceeds in an orderly manner. NOTES 1. The development must be substantially commenced within 12 months of the date of this

Notification, unless this period has been extended in writing by Council. 2. You are also advised that any act or work authorised or required by this Notification must be

completed within 3 years of the date of the Notification unless this period is extended in writing by the Council.

3. You will require a fresh consent before commencing or continuing the development if you

are unable to satisfy these requirements. 4. You have a right of appeal against the conditions which have been imposed on this

Development Plan Consent or Development Approval. 5. Such an appeal must be lodged at the Environment, Resources and Development Court

within two months of the day on which you receive this notice or such longer time as the Court may allow.

6. Please contact the Court if you wish to appeal. The Court is located in the Sir Samuel Way

Building, Victoria Square, Adelaide. (Telephone number 8204 0300). 7. The applicant is reminded to ensure that the easement identified on the Certificate of Title is

to be moved or removed prior to construction. 8. The applicant is reminded to ensure that any gas pipes or electrical underground cabling

that may be affected by the proposed building is to be moved prior to construction. DISCUSSION Panel Members were provided with additional information relating to the application at the meeting. The applicant Mr Chris Green was present at the meeting and answered questions from Panel Members. Staff member Ms Ruby Ash arrived at the meeting at 11:25 am. Ms Giulia Mason returned to the meeting at 11:28 am. The Panel discussed the application and reached the following decision. DECISION Mr Myles Somers moved Following a detailed assessment of the proposal against the provisions of the Rural City of Murray Bridge Development Plan: A. That pursuant to Section 35 (2) of the Development Act 1993, the proposal is not seriously at

variance with the relevant provisions of the Murray Bridge Council Development Plan.



B. That Pursuant to Section 33 of the Development Act, 1993, Development Application Number

415/213/2018 be GRANTED Development Plan Consent subject to the following conditions: DEVELOPMENT PLAN CONSENT CONDITIONS: 1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/213/2018.

Plan numbers listed here:

• Existing Site plan, Matthews Architects Interior Designers, 17094 SK003, 30/5/18 A1, Drawn VS,

• Proposed Site plan, Matthews Architects Interior Designers, 17094 SK014, 19/10/18 A1, Drawn VS,

• Proposed Floor plan, Matthews Architects Interior Designers, 17094 SK011, 01/08/18 A1, Drawn VS,

• Proposed Elevations, Matthews Architects Interior Designers, 17094 SK012, 01/08/18 A1, Drawn VS,

• 3D Artists Impression, Matthews Architects Interior Designers, 17094 SK013, 10/08/18 A1, Drawn KM,

Reason: To ensure the development proceeds in an orderly manner. 2. All stormwater from roof areas must be discharged to the Joyce Street water table, to the

satisfaction of Council. Reason: To ensure stormwater is disposed of in a controlled manner. 3. Stormwater management plans identifying how stormwater run-off from the site is to meet

pre-development stormwater run-off and be capable of withstanding a 1 in 10 year ARI storm event, are to be provided to and approved by Council, prior to the commencement of construction.

Reason: To ensure stormwater is disposed of in a controlled manner. 4. A Construction Management Plan, detailing all works to occur on the site, and management

thereof shall be provided to Council for approval prior to the commencement of any work on site.

Reason: To ensure the development proceeds in an orderly manner. NOTES 1. The development must be substantially commenced within 12 months of the date of this

Notification, unless this period has been extended in writing by Council. 2. You are also advised that any act or work authorised or required by this Notification must be

completed within 3 years of the date of the Notification unless this period is extended in writing by the Council.

3. You will require a fresh consent before commencing or continuing the development if you

are unable to satisfy these requirements. 4. You have a right of appeal against the conditions which have been imposed on this

Development Plan Consent or Development Approval.



5. Such an appeal must be lodged at the Environment, Resources and Development Court

within two months of the day on which you receive this notice or such longer time as the Court may allow.

6. Please contact the Court if you wish to appeal. The Court is located in the Sir Samuel Way

Building, Victoria Square, Adelaide. (Telephone number 8204 0300). 7. The applicant is reminded to ensure that the easement identified on the Certificate of Title is

to be moved or removed prior to construction. 8. The applicant is reminded to ensure that any gas pipes or electrical underground cabling

that may be affected by the proposed building is to be moved prior to construction. Seconded by Mr Tony Huppatz and CARRIED

Attachments

1. Attachment 1 - Application Plans and Documents - 415-213-2018 Attachment 2. Attachment 2 - Council Engineers Response - 415-213-2018 Attachment 3. Attachment 3 - RCMB City Assets Comments - 415-213-2018 Attachment



7. EXECUTIVE OFFICERS REPORT

Nil 8. CORRESPONDENCE

Nil 9. FUTURE APPLICATIONS

Nil 10. GENERAL BUSINESS

Nil 11. NEXT MEETING

The next meeting of the Council Assessment Panel is to be held on FRIDAY 16 NOVEMBER 2018, in the Mobilong Suite, 2 Seventh Street, Murray Bridge.

Meeting closed at 11:33 am. Minutes taken as read and confirmed this day of 2018.

…………………………………….. PRESIDING MEMBER

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