Name of Applicant Boral Resources Group · Name of Applicant Boral Resources Group Address Penfield...

Development Assessment Commission26 May 2016

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AGENDA ITEM 2.1.1

Name of ApplicantBoral Resources Group

AddressPenfield Road, Stonyfell; McBeath Drive, Skye

TABLE OF CONTENTS

PAGE NOAGENDA REPORT 2-11ATTACHMENTSATT 1: BORAL & DEWNR CORRESPONDENCE 12-18ATT 2: PREVIOUS AGENDA REPORT

Refer PreviousAgenda Itemfrom 25.2.16

ATT 3: AMENDED PLAN OF DIVISIONATT 4: APPLICATION DOCUMENTSATT 5: SKYE WATER SCHEME & EPA LICENCEATT 6: COUNCIL ADVICE (AHC + BC)ATT 7: AGENCY REPORTSATT 8: CERTIFICATES OF TITLE


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AGENDA ITEM 2.1.1

DAC AGENDA ITEM: 2.1.1

Application SummaryApplication No: 473/D034/14

180/D026/14KNET Reference: 10495066Applicant: Boral Resources GroupProposal: Land Division (13 into 13 allotments)Subject Land: Penfold Road, Stonyfell; McBeath Drive, SkyeRelevant Authority: Development Assessment CommissionRole of the Commission: Section 34(1)(b)(iii): the Minister for Planning appointed the

Development Assessment Commission as the relevantplanning authority on 6 November 2014 following a requestfrom both Council's given the complexity of the issuesinvolved and the subject land being within each area.

Zone / Policy Area: Hills Face ZoneCategorisation: Non-complyingNotification: Category 1Representations: N/ALodgement Date: 21 August 2014Council: Adelaide Hills Council

Burnside CouncilDevelopment Plan: AHC (9 January 2014); BC (30 January 2014)Referral Agencies: SAW, DSD, SACFSOfficers Report: Simon NeldnerRecommendation: Grant Development Plan Consent and Land Division Consent

Background

On 25 June 2015, the Development Assessment Commission undertook a site visit to theStonyfell Quarry (and environs), Coach Road and McBeath Drive, Skye. Following ahearing of the matter, the Commission resolved to defer further consideration of the landdivision proposals, with the applicant required to address a number of issues in respectto hazard risk, service requirements and future developability.

A number of amendments have been made to the previous applications - the deletion ofa designated allotment around the existing dwelling on Heatherbank Terrace (thisdwelling has now been demolished), the halving of the number of allotments proposedalong McBeath Drive (reduced from 6 to 3), the retention of three allotments forquarrying operations (which will also contain the existing pistol range), the positioning offour residential allotments adjacent to Stonyfell Road and creating a larger allotmentthat would be suitable for conservation purposes (adjoining Horsnell Gully CP).

The Commission reconsidered the matter on 25 February 2016, hearing from theapplicant and both Councils on the amended plan. Following a discussion on thesuitability of the developable allotments, the matter was then deferred to allow thefinalisation of any land division requirements (in consultation with each Council), and toenable further discussions with the Department of Environment, Water and NaturalResources (DEWNR) on the proposed conservancy use and transfer of 92ha (comprisingproposed pieces 91-93) into the Horsnell Gully Conservation Park.

A copy of the previous agenda report, which contains all relevant attachments, plans anddetailed assessment report, is contained in the ATTACHMENTS.


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AGENDA ITEM 2.1.1

Executive Summary

The applicant seeks Development Plan consent and Land Division consent for adevelopment application to undertake a division of land (involving the realignment to theboundaries of thirteen existing allotments) on land comprising the Stonyfell Quarry andits immediate environs under the ownership of the Boral Resources Group.

The subject land is within two Council areas: the Adelaide Hills Council and the BurnsideCouncil. At lodgement of the applications, both Councils were constituted as the relevantauthority and two assessments would have been required. As the Commission is now therelevant authority, one consolidated assessment report has been prepared.

Each of the existing allotments is within the Hills Face Zone. The zone seeks thepreservation and enhancement of natural character and to accommodate low-intensityagricultural activities and, where appropriate single-storey dwellings on vacantallotments (HFZ: PDC1). New development is controlled in accordance with theseobjectives. All forms of land division are non-complying in the zone.

The majority of the land holding - aside from the mine and associated infrastructure - ischaracterised by densely vegetated woodland and steep to undulating landforms thathas not been intensively developed or the vegetation cleared.

The application was originally referred to various state agencies - including the NativeVegetation Council, SA Country Fire Service and the Department of State Development(as the mining regulator). DSD and SACFS have provided updated advice, with the fireservice - subject to appropriate conditions - satisfied that allotments for residentialpurposes can be developed to meet agency requirements.

There is no state agency objection to the amended development. The original proposalwas opposed by the Adelaide Hills and Burnside Council’s, however the Adelaide HillsCouncil has withdrawn its objection. Burnside Council still remains opposed to therealignment, on the grounds that the development would be at variance with Hills FaceZone policies in relation to increased development potential and vegetation clearance.

In considering the merits of the amended application, including the additionalinformation provided by the applicant, Development Plan consent and Land Divisionconsent is now recommended.

Assessment Report

1. Description of Proposal

The amended proposal seeks the consolidation of the existing quarrying operations ontothree allotments (Proposed Lots 1-3) and the balance of the land (comprising 10allotments) for residential, rural living and conservation purposes (See Figure 1 & 2).

The existing alignment of an unmade portion of McBeath Drive would also be realignedas part of the application, whilst Gandy's Gully Road would also be extended.

The applicant has advised that the amended plan is based on the following rationale:

a 500m buffer is maintained from active quarrying activities.

each of the proposed allotments will have access to a public road.

each developable allotment is capable of being adequately serviced and can meetbushfire protection requirements.


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AGENDA ITEM 2.1.1

native vegetation clearance is kept to a minimum - with high value amenity treesable to be retained on the Stonyfell Road allotments.

the retention of the existing SA Police Pistol Club within the Boral land (referletter from Club on existing activities and community benefit).

the creation of one allotment (comprising proposed pieces 91-93) to bedesignated for conservation purposes under a Land Management Agreement.

the removal of the existing dwelling on Heatherbank Terrace (and potentialtransfer of this development right) to the overall proposal.

no watercourses are located on allotments with potential dwelling sites.

current Allotments 21 and 1 could accommodate a dwelling on land outside of the500m separation distance from the pit face (and need to be taken into account).

2. DEWNR Negotiations

Since the DAC hearing of 25 February 2016, the applicant has been in discussions withthe Department of Environment, Water and Natural Resources (DEWNR) regarding thetransfer of surplus land (92ha) to the Minister for Sustainability, Environment andConservation. DEWNR representatives have provided in principle support for theproposed transfer of the surplus land to the Minister, and are now seeking the writtenconsent of the Minister (refer emailed advice from Elspeth Young, Coordinator, ProtectedArea System, DEWNR dated 16 May 2016).

The applicant has been advised that the endorsement of the Minister will be obtainedprior to the 26 May 2016 meeting of the Commission, but in the event that thisendorsement is not provided, it is requested that a reserved matter be imposed “that theconsent of the Minister to the transfer of the surplus land be obtained prior to the grantof development approval, and that an LMA be entered into in the above terms.” Boral’scaution is not based on a reluctance to see the land being used for a conservancypurpose, only that it does not wish to undertake this role itself.

If a suitable third party cannot be found or Minister’s agreement is not secured to takeon the management of the surplus land for a conservancy purpose, then the reservedmatter – requested by the applicant – cannot be fulfilled and the application stalls. Adraft LMA is also being developed on the terms originally outlined by DPTI staff to DACon 25 February 2016.

A copy of the Boral correspondence and DEWNR position is contained in theATTACHMENTS.

3. Conclusion

The development application seeks the realignment of existing boundaries through therationalisation of the overall Stonyfell Quarry holdings. The proposal relies upon thetransfer of embedded development rights within thirteen existing Hills Face Zoneallotments (where they exist), of which nine are proposed to be re-configured forresidential development to the north and north-west of the subject land (along McBeathDrive, Stonyfell Road and Coach Road).

On the threshold issue - the location, type and form of development that is appropriatein the Hills Face Zone - a considered trade-off is being made; with reconfiguredallotments (and their prospective dwelling sites) concentrated in a small area of the


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AGENDA ITEM 2.1.1

overall land holding, whilst the balance of the land (outside of the existing miningoperations) is effectively conserved and maintained in its natural state. This is a keydeterminant in respect of current HFZ provisions.

As with all boundary realignments, opportunities to develop land where none previouslyexisted, create challenges for the planning authority. The McBeath Drive allotments aredifficult to reconcile on their own, with support for such an arrangement finely balanced,but approvable in the context of the overall benefits of the proposal. The applicant hasalso agreed to reduce the number of the originally proposed allotments along theMcBeath Road alignment from 6 to 3.

Previously, both Councils raised concerns with the further development of this land - butthe land division proposal needs to be considered on the basis that dwellings cangenerally be constructed on vacant allotments within the zone.

From a planning perspective, the primary consideration is the extent of conformity with(or departure from) the general land division provisions (i.e. size, configuration,accessibility, servicing etc) to ensure that those allotments to be created are suitable fortheir intended use. These pre-conditions are largely met by the development.

At the DAC meeting of 19 February 2016, the staff representative of the Adelaide HillsCouncil raised no further objection with the proposal, with their previous concerns beingaddressed. The Burnside Council remains opposed to the development for the reasonspreviously outlined in their written and verbal comments to the Commission.

Since the consideration of the original proposal, the applicant has made positivemodifications - including the use of land along Stonyfell Road (outside the entrancegates to the quarry site) for residential purposes. Further discussions were alsoundertaken with the SACFS to ensure new dwelling sites can meet building and firesafety requirements. And finally, consideration was given to significant and regulatedtree impacts for those development sites on Stonyfell Drive, with higher conservationvalue trees identified resulting in the southern portion of this area not being divided.

I have noted the concerns raised, but the proposal before the Commission is a landdivision application, where the key determinant is whether the developable allotmentsare suitable for the purpose for which they are to be created.

The key assessment factors were these:

no new allotments are being created within the HFZ

existing quarrying operations and the overall mineral resource are consolidatedand protected from adjoining development on 3 allotments (278.5ha)

9 of the 13 existing allotments have potential to be developed now (as areoutside the nominal 500m and 200m separation distance to the pit edge andconcrete batching plant respectively).

new dwellings can be constructed (HFZ: PDC1), subject to design, siting, hazardand landscape character considerations, on the realigned allotments. Thesematters will be considered when an application is made to construct a dwelling.

all developable allotments are located within or adjacent to existing urban areas,whilst opportunities for future scattered development are similarly reduced.

the SA Police Pistol Club is retained on the Boral land holding as a separate use.


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AGENDA ITEM 2.1.1

the potential for future vegetation clearance - either for access tracks, wastedisposal, fence installation or building sites is significantly reduced.

SACFS requirements can be met for road access, vegetation setback and watersupply to ensure bushfire risks are appropriately managed for those allotmentsthat can accommodate future dwellings.

each allotment can be suitably serviced by available public utilities and directlyaccessible from public roads. The existing unformed road reserve (McBeath Drive)can be realigned and constructed to Council specifications.

additional land will be set aside for conservation purposes (92ha).

On the basis that any technical requirements can be finalised in relation to accessarrangements, and that a Land Management Agreement can be executed to ensure thatland suitable for conservation purposes is made available for such a use - either as aprivate conservancy or extension to a conservation park - consent is recommended.

The City of Burnside has requested that the final alignment of McBeath Drive be made areserved matter, to enable the road reserve connection with Kensington Road to bemore fully resolved (so not to conflict with the redevelopment of the existing lookout)and to ensure the efficient movement of traffic.

The recommended conditions and advisory notes (see below) have been circulated toboth Councils and the applicant. These requirements were deemed to be acceptable inensuring and technical and servicing matters can be satisfactorily addressed.

4. Recommendation

It is recommended that the Development Assessment Commission:

DA 473/D034/14

1) RESOLVE that the proposed development is NOT seriously at variance with thepolicies in the Development Plan.

2) RESOLVE to Grant Development Plans Consent and Land Division Consent for adivision of land (boundary realignment) by the Boral Resources Group (DA473/D034/14) subject to the following conditions and advisory notes:

Reserved Matter

1. Pursuant to Section 33 (3) of the Development Act 1993, the following mattersshall be reserved for further assessment, to the satisfaction of the DevelopmentAssessment Commission, prior to the granting of Development Approval:

final alignment of the McBeath Drive road reserve. that the consent of the Minister for Minister for Sustainability, Environment

and Conservation be obtained to the transfer of surplus land (identified aspieces 91-93 in DA 473/D034/14 (refer Plan Reference 3070_PT001.v3 dated18 February 2016 Sheets 1-7 prepared by Andrew Davidson: PropertyDevelopment Consultants).

Planning Conditions

1. That except where minor amendments may be required by other relevant Acts, orby conditions imposed by this application, the development shall be established in


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AGENDA ITEM 2.1.1

strict accordance with the details and following plans (Plan Reference3070_PT001.v3 dated 18 February 2016 Sheets 1-7 prepared by Andrew Davidson:Property Development Consultants) submitted in Development Application No473/D034/14.

2. Prior to Section 51 clearance, the Private Mine designation (i.e. PM 6, PM 7) shallbe removed from the subject land (with the exception of proposed Allotments 1, 2& 3 which remain part of the quarry operations and/or buffer).

3. Prior to Section 51 clearance, the Land Management Agreement (LMA), asproposed in the application, shall be formalised between the Minister for Planningand Boral Resources Group to restrict development of a sensitive land use (i.e.dwelling, tourism accommodation etc) and to ensure the land is utilised for aconservancy purpose on the proposed allotment comprising pieces 91-93 in DA473/D034/14 (refer Plan Reference 3070_PT001.v3 dated 18 February 2016Sheets 1-7 prepared by Andrew Davidson: Property Development Consultants). Allcosts in the preparation, execution and registration of the LMA shall be met by theapplicant.

SA Country Fire Service

4. Public access to the proposed allotments shall be in accordance with the Minister’sCode Part 2.2.2. Access on and off the developable allotments created shall be inaccordance with Minister’s Code Part 2.3.3.1:

Provide for a mainly continuous street pattern serving new allotments thateliminates the use of cul-de-sac or dead end roads . Where this is notpracticable such roads should not exceed 200m in length and the end of theroad should have either -

a turning area with a minimum formed surface radius of 12.5m (refer toFigure 1); or

a ‘T’ or ‘Y’ shaped turning area with a minimum formed surface length of 11mand minimum internal radii of 9.5m (refer to Figures 1 and 2)

All public roads shall be of all weather construction with a minimum-formed roadsurface width of 6metres.

Vegetation overhanging the access road shall be pruned to achieve a minimumvehicular clearance of not less than 4 metres width and a vertical heightclearance of 4 metres.

The gradient of the access road shall not exceed 16 degrees (29%), in steepterrain the construction of the public road or driveway shall be a sealed surface.

Solid crossings over waterways shall be provided to withstand the weight oflarge bushfire appliances (GVM 21 tonnes).

5. A supply of water to the developable allotments shall be available at all times forfire-fighting purposes. Ministers Specification SA78 prescribes the dedicated watersupply to each allotment for bushfire fighting for the bushfire zone.

A water supply and fire hydrant system of adequate capacity to be used for fireand other emergencies within the proposed development area shall be provided

The fire hydrant system shall be a wet pipe system incorporating appropriatemains supply standard, with a minimum pipe size of 100mm for the distributionmain.


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AGENDA ITEM 2.1.1

The distribution main and fire hydrant system shall be of adequate capacity toprovide a continuous supply of water for the fire service, for a minimum periodof two hours at a rate of 600 l/m at 200 kpa taken from the most hydraulicallychallenged hydrant point.

Hydrant points are to be provided at not more than 120metre intervals alongresidential streets and at each street intersection (AS2419).

A minimum supply of 22,000 litres of water shall be available at all times forbushfire fighting purposes, in accordance with Ministers Specification SA78 andthe High Bushfire zone prescribed for these allotments.

6. The Minister’s Code Part 2.3.5 mandates that landscaping shall include BushfireProtection features that will prevent or inhibit the spread of bushfire and minimisethe risk to life and/or damage to buildings and property. As this applicationproposes a land division adjacent to or within a High Bushfire Risk Area, provisionshall be made for a bushfire buffer zone as specified in 2.2.3:

A 10metre wide fuel reduced buffer zone shall be established around theperimeter of all reserves/land to be developed.

The buffer zone shall be grassland or similar vegetation, cleared of obstructionsto allow mechanical slashing in order to reduce the vegetation to a maximumheight of 10cms for the duration of the Fire Danger Season.

Land Division Requirements

7. A final plan complying with the requirements for plans as set out in the Manual ofSurvey Practice Volume 1 (Plan Presentation and Guidelines) issued by theRegistrar General to be lodged with the Development Assessment Commission forLand Division Certificate purposes.

8. That the financial requirements of the SA Water Corporation shall be met for theprovision of water supply and sewerage services (SA Water H0023789).

9. SA Water shall carry out an investigation to determine whether the connections tothe development shall be costed as standard or non-standard.

10. All internal water piping that crosses the allotment boundaries shall be severed orredirected at the owners / developers cost to ensure that the pipe-work relating toeach allotment is contained within its boundaries.

11. The design and construction requirements of the Adelaide Hills Council shall be metfor the unmade section of McBeath Drive to ensure the safe and efficientmanoeuvrability of vehicles. All works are to be undertaken to proper engineeringstandards to the satisfaction of the Council and constructed at the applicant'sexpense.

12. Prior to Section 51 clearance, the unmade section of McBeath Drive shall beconstructed to the satisfaction of the Adelaide Hills Council (or alternatively, asuitable deed and bond is entered into between the developer and the localauthority to ensure the developer constructs at its cost the road to correctstandards or failing that, that the Councils use the Bond themselves to constructthe road).

Advisory Notes


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AGENDA ITEM 2.1.1

a. The development must be substantially commenced or application for certificatemade within 12 months of the date of this Notification, unless this period has beenextended by the Development Assessment Commission.

b. The applicant is also advised that the final land division certificate must be obtainedfrom the Development Assessment Commission to complete the developmentwithin 3 years of the date of the Notification unless this period is extended by theCommission.

c. The applicant will require a fresh consent before commencing or continuing thedevelopment if unable to satisfy these requirements.

180/D026/14

3) RESOLVE that the proposed development is NOT seriously at variance with thepolicies in the Development Plan.

4) RESOLVE to Grant Development Plans Consent and Land Division Consent for adivision of land (boundary realignment) by the Boral Resources Group (DA180/D026/14) subject to the following conditions and advisory notes:

Reserved Matter

1. Pursuant to Section 33 (3) of the Development Act 1993, the following mattersshall be reserved for further assessment, to the satisfaction of the DevelopmentAssessment Commission, prior to the granting of Development Approval:

final alignment of the McBeath Drive road reserve. that the consent of the Minister for Minister for Sustainability, Environment

and Conservation be obtained to the transfer of surplus land (identified aspieces 91-93 in DA 473/D034/14 (refer Plan Reference 3070_PT001.v3 dated18 February 2016 Sheets 1-7 prepared by Andrew Davidson: PropertyDevelopment Consultants).

Planning Conditions

1. That except where minor amendments may be required by other relevant Acts, orby conditions imposed by this application, the development shall be established instrict accordance with the details and following plans (Plan Reference3070_PT001.v3 dated 18 February 2016 Sheets 1-7 prepared by Andrew Davidson:Property Development Consultants) submitted in Development Application No180/D026/14.

2. Prior to Section 51 clearance, the Private Mine designation (i.e. PM 6, PM 7) shallbe removed from the subject land (with the exception of proposed Allotments 1, 2& 3 which will remain part of the existing quarry operations and/or buffer).

3. Prior to Section 51 clearance, the Land Management Agreement (LMA), asproposed in the application, shall be formalised between the Minister for Planningand Boral Resources Group to restrict development of a sensitive land use (i.e.dwelling, tourism accommodation etc) and to ensure the land is utilised for aconservancy purpose on the proposed Allotment comprising three pieces 91-93 inDA 180/D026/14 (refer Plan Reference 3070_PT001.v3 dated 18 February 2016Sheets 1-7 prepared by Andrew Davidson: Property Development Consultants). Allcosts in the preparation, execution and registration of the LMA shall be met by theapplicant.


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AGENDA ITEM 2.1.1

SA Country Fire Service

4. Public access to the proposed allotments shall be in accordance with the Minister’sCode Part 2.2.2. Access on and off the developable allotments created shall be inaccordance with Minister’s Code Part 2.3.3:

Provide for a mainly continuous street pattern serving new allotments thateliminates the use of cul-de-sac or dead end roads . Where this is notpracticable such roads should not exceed 200m in length and the end of theroad should have either -

a turning area with a minimum formed surface radius of 12.5m (refer toFigure 1); or

a ‘T’ or ‘Y’ shaped turning area with a minimum formed surface length of 11mand minimum internal radii of 9.5m (refer to Figures 1 and 2)

All public roads shall be of all weather construction with a minimum-formed roadsurface width of 6metres.

Vegetation overhanging the access road shall be pruned to achieve a minimumvehicular clearance of not less than 4 metres width and a vertical heightclearance of 4 metres.

The gradient of the access road shall not exceed 16 degrees (29%), in steepterrain the construction of the public road or driveway shall be a sealed surface.

Solid crossings over waterways shall be provided to withstand the weight oflarge bushfire appliances (GVM 21 tonnes).

5. A supply of water to the developable allotments shall be available at all times forfire-fighting purposes. Ministers Specification SA78 prescribes the dedicated watersupply to each allotment for bushfire fighting for the bushfire zone.

A water supply and fire hydrant system of adequate capacity to be used for fireand other emergencies within the proposed development area shall be provided

The fire hydrant system shall be a wet pipe system incorporating appropriatemains supply standard, with a minimum pipe size of 100mm for the distributionmain.

The distribution main and fire hydrant system shall be of adequate capacity toprovide a continuous supply of water for the fire service, for a minimum periodof two hours at a rate of 600 l/m at 200 kpa taken from the most hydraulicallychallenged hydrant point.

Hydrant points are to be provided at not more than 120metre intervals alongresidential streets and at each street intersection (AS2419).

A minimum supply of 22,000 litres of water shall be available at all times forbushfire fighting purposes, in accordance with Ministers Specification SA78 andthe High Bushfire zone prescribed for these allotments.

6. The Minister’s Code Part 2.3.5 mandates that landscaping shall include BushfireProtection features that will prevent or inhibit the spread of bushfire and minimisethe risk to life and/or damage to buildings and property. As this applicationproposes a land division adjacent to or within a High Bushfire Risk Area, provisionshall be made for a bushfire buffer zone as specified in 2.2.3:


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AGENDA ITEM 2.1.1

A 10metre wide fuel reduced buffer zone shall be established around theperimeter of all reserves/land to be developed.

The buffer zone shall be grassland or similar vegetation, cleared of obstructionsto allow mechanical slashing in order to reduce the vegetation to a maximumheight of 10cms for the duration of the Fire Danger Season.

Land Division Requirements

7. A final plan complying with the requirements for plans as set out in the Manual ofSurvey Practice Volume 1 (Plan Presentation and Guidelines) issued by theRegistrar General to be lodged with the Development Assessment Commission forLand Division Certificate purposes.

8. That the financial requirements of the SA Water Corporation shall be met for theprovision of water supply and sewerage services (SA Water H0023788).

9. SA Water shall carry out an investigation to determine whether the connections tothe development shall be costed as standard or non-standard.

10. All internal water piping that crosses the allotment boundaries shall be severed orredirected at the owners / developers cost to ensure that the pipe-work relating toeach allotment is contained within its boundaries.

11. The design and construction requirements of the Burnside Council shall be met forthe unmade section of McBeath Drive to ensure the safe and efficientmanoeuvrability of vehicles. All works are to be undertaken to proper engineeringstandards to the satisfaction of the Council and constructed at the applicant'sexpense.

12. Prior to Section 51 clearance, the unmade section of McBeath Drive shall beconstructed to the satisfaction of the Burnside Council (or alternatively, a suitabledeed and bond is entered into between the developer and the local authority toensure the developer constructs at its cost the road to correct standards or failingthat, that the Councils use the Bond themselves to construct the road).

Advisory Notes

a. The development must be substantially commenced or application for certificatemade within 12 months of the date of this Notification, unless this period has beenextended by the Development Assessment Commission.

b. The applicant is also advised that the final land division certificate must be obtainedfrom the Development Assessment Commission to complete the developmentwithin 3 years of the date of the Notification unless this period is extended by theCommission.

c. The applicant will require a fresh consent before commencing or continuing thedevelopment if unable to satisfy these requirements.

Simon NeldnerTEAM LEADER – REGIONAL AND OUT OF COUNCILSas delegate of theDEVELOPMENT ASSESSMENT COMMISSION

1

Neldner, Simon (DPTI)

From: Jeremy Hill <[email protected]>Sent: Tuesday, 17 May 2016 10:56 AMTo: Neldner, Simon (DPTI)Subject: Boral Stonyfell - DA 473/D034/14 [OUR REF-L.FID1960245]Attachments: Letter to DAC re Ministerial support.pdf

Dear Simon,

Please see attached letter on behalf of Boral regarding the proposed transfer of land to DEWNR (Minister) and theconservation use/LMA.

You will note we have indicated that if Ministerial consent to the proposed transfer is received by 26 May Boral willaccept a condition requiring an LMA restricting the land to a conservation use. If Ministerial consent is not receivedby 26 May, then we have indicated Boral is willing to accept imposition of a reserved matter requiring Ministerialconsent prior to development approval, and an LMA restricting the land to conservation use. In that way, shouldconsent not be received by 26 May, there is no need for further deferral of the application. Instead, consent can begranted, and Boral is still required to obtain Ministerial consent prior to the grant of development approval.

Please let me know if you have any queries/concerns with our approach.

Otherwise, if you have any queries or wish to discuss, please do not hesitate to contact me.

Kind regards

Jeremy Hill Partnert +61 8 8233 5652 f +61 8 8233 5556 m +61 413 009 721Minter Ellison 25 Grenfell St • Adelaide • SA [email protected] www.minterellison.com

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Legal01 38725780_1.docx

17 May 2016

BY EMAIL

Simon Neldner Team Leader – Regional and Out of Councils Department of Planning, Transport & Infrastructure Level 5, 136 North Terrace ADELAIDE SA 5000

Dear Mr Neldner

Stonyfell Quarry Land Division

We act for Boral (SA) Limited regarding its application for land division (boundary re-alignment only) at Stonyfell (DA 473/D034/14 and 180/D026/14).

We understand that at its meeting on 27 February 2016 the Development Assessment Commission resolved to defer the application. Our client has since been in negotiations with the Department of Environment, Water and Natural Resources (DEWNR) regarding the transfer of surplus land to the Minister for Sustainability, Environment and Conservation. The land proposed to be transferred is delineated in red on the enclosed amended plan dated 18 February 2016 prepared by Andrew Davidson (surplus land).

DEWNR representatives have provided in principle support for the proposed transfer of the surplus land to the Minister, and are now seeking the written consent of the Minister. An email to this effect is enclosed for your consideration.

We anticipate receiving consent from the Minister in writing prior to 26 May 2016. In any event, we understand that a representative of DEWNR will be available to attend the meeting of the Development Assessment Commission on 26 May to respond to any queries the Commission may have.

Subject to written consent of the Minister being received prior to 26 May 2016, Boral is willing to accept a condition be imposed on the development approval granted for the land division that a Land Management Agreement (LMA) be entered into in respect of the surplus land.

It is intended that the LMA will be in the following terms:

1. The surplus land shall not be used for a sensitive land use (e.g. any form of dwelling or tourist accommodation); and

2. The surplus land shall only be used by a public authority or suitable private entity for 'conservation' purposes.

Development Assessment Commission 17 May 2016 2

Legal01 38725780_1.docx

Should consent of the Minister not be received by 26 May 2016, Boral is also willing to accept a reserved matter be imposed that the consent of the Minister to the transfer of the surplus land be obtained prior to the grant of development approval, and that an LMA be entered into in the above terms.

Given the obligations and restrictions associated with a conservation use of the surplus land, there is some possibility that if the Minister does not agree to accept the transfer that Boral may be unable to locate another entity willing to take ownership of the surplus land for conservation purposes. Boral will, however, take all reasonable endeavours to obtain a suitable party.

A draft LMA is currently being prepared for consideration by the Minister once approval has been granted to the land division application.

Please do not hesitate to contact me should further information or clarification be required.

Yours faithfully MINTER ELLISON

Jeremy Hill Partner Contact: Jeremy Hill T: +61 8 8233 5652 [email protected] OUR REF: 82065/223688 | AJYH | JYH

From: Young, Elspeth K (DEWNR) [mailto:[email protected]]Sent: Monday, 16 May 2016 5:22PMTo: Jeremy HillCc: Loan, Lisien (DEWNR); Brissenden, Piers (DEWNR); Iruing, Jason (DEWNR); Villiers, Kerri (DEWNR)Subject: Land proposed for transfer to Minister for Sustainability, Environment and Conseruation, from Boral PÇ Ltd

ISEC=Government, DLM =Sensitive]

Sensitive

Good afternoon, Jeremy

Thanks very much for your call this afternoon identifying the small change required to the parcel descriptors for theland that is surplus to Boral requirements, I have made that change to the text below. ":.

DEWNR is aware that Boral has lodged Development Application 473/D034/14 seeking a boundary realignment ofthe existing allotments (no additional allotments) on land at Horsnell Gully. Further, Boral has identified certain landthat is surplus to its requirements. The surplus land is indicated as portion of Piece 91, and Pieces 92 and 93 as

delineated in red on the attached amended plan dated 18 February 2016 prepared by Andrew Davidson.

Boraland DEWNR have been in discussions in principle regardingthetransferof the surplus land (Portion of Piece

91, Pieces 92 and 93) to the Minister for Sustainability, Environment and Conseruation (MSEC). ln principleagreement has been reached between DEWNR representatives and Boral, and DEWNR is now seeking correspondingin principle support from MSEC.

We look forward to working with Boral through this process.

Allthe best

Elspeth YoungCo-ordinator, Protected Area System

Protected Areas Unit I Conseruation & Land Management BranchDepaftment of Environment, Water and Natural ResourcesP (08) 8124 4737 lM 0477 303 64413, 25 Grenfell St Adela¡deGPO Box 1047, Adelaide SA 5001

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w@env¡ronment.sa.gov.au Inaturalresources.sa.gov.au I waterconnect.sa.gov.au

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The information in this e-mail may be confidential and/or legally privileged. Use or dìsclosure ofthe informatìon to anyone otherthan the intended recipient is

prohibited and may be unlawful. If you have receìved this email in error please advise by return email.

Thìnk before you prinl. P/eose consider the environment before pnnf¡ng lhis e-moi/

From: Loan, Lisien (DEWNR)

Sent: Wednesday, LL May, 2Ot6 4:40 PM

To: Villiers, Kerri (DEWNR)<[email protected]>; Brissenden, P¡ers (DEWNR)<[email protected]>;

Young, Elspeth K ( DEWN R) <Elspeth.You [email protected] u>

Subject: RE: re: Briefing and draft letter Boral land [SEC=Government, DLM=Sensitive]

Sensitive

Hi - I have added some suggestions for consideration in tracked changes to the RCD folder versions. Lisien

From: Villiers, Kerri (DEWNR)

Sent: Wednesday, 11 May, 2016 3:45 PM

To: Brissenden, Piers (DEWNR); Loan, Lisien (DEWNR); Young, Elspeth K (DEWNR)

Subject: re: Briefing and draft letter Boral land [SEC=Government, DLM=Sensitive]

Sensitive

Would you mind reviewing the attached letter and briefing to the Minister regarding the transfer of land from Boral.

I will then incorporate any changes and send to Brenton for signing

Thanks

Land.doc

R:\RCD\AM L\Adela ide a nd Centra I Hil ls\ Parks\ Horsnell G u llv\Boral land addition\Minister Letter Horsnell Gullv landtra nsfer.docx

Kerri VilliersRanger in Charge Adelaide and Central Hills

Natural Resources Adelaide and Mt Lofty Ranges

M: 0428 IL2 04L115 Maryvale Road ATHELSTONE SA 5076

naturalresources.sa.gov.au I follow us on facebook

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ffeJprnE,fo*"rffr AwtraÍíaæ fons€rmer sr¿¡tpfn and prryerThe information in this e-mail may be confidential andlor legally privileged. Use or disclosure of the information to anyone other than the intended recipient isprohibited and may be unlawful. If you have received this email in error please advise by return email

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