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$: SA Planning Commission - State Commission Assessment …...H:\Synergy\Projects\2016\2016-0299 Victor Harbor Road Land Division\Project 2 Management\C001_v2_161005_Statement of Support.docx$

Suite 12 154 Fullarton Road

ROSE PARK SA 5067

08 8333 7999 www.urps.com.au

ABN 55 640 546 010

shaping great communities

Ref: 2016-0299

7 October 2016

Mr Malcolm Govett

Planning Officer

Development Assessment Commission

GPO Box 1815

ADELAIDE SA 5001

Dear Malcolm

Statement in Support – Boundary re-alignment (3 into 3) on Victor Harbor and Goolwa Roads, Tooperang

Introduction

Mr Charlie Shahin, the applicant and owner of the subject land, has engaged my services to provide

planning advice and prepare this Statement in Support in respect of a proposed boundary re-alignment (3

into 3) at Allotments 13 and 50, Pieces 14 and 15, Tooperang.

The relevant version of the Alexandrina Council Development Plan is that consolidated 12 May 2016.

Pursuant to Zone Map Alex/7, Allotment 50 and Pieces 14 and 15 are located in Mount Lofty Ranges Policy

Area 9 of the Primary Production Zone. Pursuant to Zone Map Alex/7 and 18, Allotment 13 is located in the

Watershed Protection (Mount Lofty Ranges) Zone. . No Policy Areas apply to Allotment 13.

The proposal is to be processed as a “non-complying” form of development on the basis that new

allotments are being created in part within the relevant Zones. I have prepared this Statement in Support

as required by Regulation 17(1) of the Development Regulations 2008 for a non-complying form of

development.

Subject land and locality

The subject land comprises three allotments described as:

Allotment 50, Victor Harbor Road in Certificate of Title Volume 6008 Folio 854.

Allotment 13, Victor Harbor Road in Certificate of Title Volume 5954 Folio 143.

Pieces 14 and 15, Goolwa Road in Certificate of Title Volume 5954 Folio 144.

The aerial Image below shows the existing layout of the allotments.

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2 H:\Synergy\Projects\2016\2016-0299 Victor Harbor Road Land Division\Project Management\C001_v2_161005_Statement of Support.docx

Image 1: Aerial image of subject site (Source: LocationSA)

Typical of allotment patterns in this rural region, the subject land is irregular in shape with the combined

titles comprising an area of some 265.83 hectares. Allotments 13 and 50 both have a frontage to Victor

Harbor Road, with Pieces 14 and 15 having frontages to Goolwa Road.

Allotment 50 and 13 are currently put to a range of horticulture uses including viticulture and olive growing.

Both allotments contain a single dwelling and outbuildings. A 14.0 metre wide easement runs through the

middle of the allotments, containing a high voltage overhead line. The land generally slopes upward in a

north-west to south-east direction. Allotment 13 has a creek line which runs through the property into a

large dam located near the lower southern property boundary.

Dwellings on Allotment 13 and 50 feature on-site independent wastewater treatment systems.

Pieces 14 and 15 contain almond trees which are harvested. There is no built form on either pieces of land.

Pieces 14 and 15 contain a number of easements for high voltage overhead lines. These easements are

shown on Image 2 below.

ALLOTMENT 50

ALLOTMENT 13

PIECE

14


Image 2: Aerial image with easements on Pieces 14 and 15 (source: LocationSA)

The subject land is located approximately 4.5 kilometres to the south-east of the township of Mount

Compass and approximately 11.9 kilometres to the north-east of the township of Victor Harbor. These

towns are connected via Victor Harbor Road which has a posted speed limit of up to 100kph.

The locality is characterised by large, rural allotments interspersed with smaller allotments. Allotments

range considerably in their size, I estimate from aerial mapping between 1.8 hectares to 130 hectares in

area. The significant variation in land holding area influences an equally diverse, but generally rural, land

use character. Land uses include small hobby-type farms with dwellings, to larger holdings containing

livestock and rural residential uses.

Visually, the locality exhibits scenic qualities through its rolling hills, vast open spaces and stands of

roadside vegetation. Property boundaries are defined by post and wire fencing, typical of this rural

character. When viewed from public roads, buildings and structures are generally sited unobtrusively,

clustered together and screened through vegetation.

The proposal

The proposed plans have been prepared by Weber Frankiw, dated 27 September 2016.

The proposal comprises a boundary re-alignment of (3 into 3). The purpose of the proposal is to allow a

dwelling to be sited on existing Allotment 13 and avoid a second dwelling being sited on this allotment,

which would be “non-complying”. In essence, the applicant is repositioning the development potential for

a dwelling from the allotment comprising Piece 14 and 15 to a site on Allotment 13.

The detailed property assessment arising from this proposal is as follows:

Proposed Allotment 21 is to comprise:

> an irregular shaped allotment of 33.54 hectares, with a frontage to Victor Harbor Road of 418

metres and a depth of 907 metres;

> the existing dwelling will remain;


PIECE

14

PIECE

15


> an irregular-shaped allotment of 132.79 hectares;

> access will be available via Victor Harbor Road and from original Pieces 14 and 15 which have

frontage to Goolwa Road;

> one existing outbuilding will remain.


> an irregular shaped allotment of 69.50 hectares, with a frontage to Victor Harbor Road of 545

metres and a depth of 530 metres;

> the existing dwelling and two existing outbuildings will remain.

Image 3 shows the proposed boundary re-alignment and the corresponding Development Plan zones.

Image 3: Aerial image of proposed boundary re-alignment with Development Plan boundaries overlayed (Source:

LocationSA)

Planning considerations

The subject land is located partly within the Primary Production Zone and the Watershed Protection (MLR)

Zone. Existing Allotment 50 and Pieces 14 and 15 are located in Mount Lofty Ranges Policy Area 9 of the

Primary Production Zone. Existing Allotment 13 is located in the Watershed Protection (Mount Lofty

Ranges Zone) with no Policy Areas applying.

We have considered the most relevant provisions of the Zones and Policy Areas with respect to their intent,

as well as the relevant general section provisions.

The primary consideration in this matter is the potential impact on the relevant Zones and Policy Areas key

objectives, which are to enable the long term continuation of primary production uses as well as to protect

water resources in the Watershed Protection (MLR) Zone.

The pertinent planning considerations are addressed as follows.

PROPOSED LOT 22 PROPOSED LOT 23

PROPOSED LOT 21

132.79ha 69.50ha

33.54ha

WATERSHED PROTECTION

(MLR) ZONE

PRIMARY PRODUCTION

ZONE

EXISTING BOUNDARY


Use of the land

The proposal involves no change to the use of any of the affected allotments.

Watershed Protection (MLR) Zone envisages limited forms of development largely due to the water

resources it seeks to protect. Forms of development which are supported in the Zone include low intensity

primary production and value added development such as cellar door sales as described by Zone PDC 1.

The Primary Production Zone and Policy Area 9 more generally envisages a range of farming activities

including dairy farming and horticulture. Diversification into tourist accommodation is also envisaged where

associated with an existing farming activity.

Allotments 13, 50 and Pieces 14 and 15 are presently used for horticulture and/or viticulture purposes.

Single dwellings currently exist on Allotments 13 and 50. Both Allotment 13 and 50 function independently

of one another with respect to services. The proposal seeks to re-align the property of Pieces 14 and 15 to

create a larger land holding of 132.79 hectares. Subsequently a new land holding of 33.54 hectares around

the dwelling in the south-west pocket will be created. The proposed division does not fetter the primary

productive land values of the subject parcels as:

Proposed boundary lines follow internal access tracks which form a natural break in the land.

Water supplying each allotment will be maintained through existing bores located entirely within each

allotment.

Infrastructure such as access and electricity will be independently available to each allotment.

The applicant intends, in future, to apply to establish a dwelling on proposed, or the ‘new’, Allotment 22 in

the area toward its south-western corner. Allotment 22 will be a large allotment of some 132.79 hectares

and provide a suitable site for a dwelling that will not inhibit farming practices on the subject or adjoining

land, and not give rise to water pollution issues.

The proposed boundary re-alignment will not alter the use of the land which satisfies Zone PDC 1 of both

the Watershed Protection (MLR) and Primary Production Zone.

Boundary re-alignments generally

Watershed Protection (MLR) PDC 31 anticipates boundary re-alignments to occur when a set list of criteria

is achieved. Primary Production PDC 12 also anticipates boundary re-alignments under the same

circumstances. Parts (a), (b) and (d) of these guidelines aim to ensure resulting allotments:

1. Maintain existing primary production uses of current and adjoining land.

2. Be developed in an orderly fashion taking into account the topography of the site to allow appropriate

siting of built form.

3. Have safe and convenient access from an all-weather public road.

Table 1 below demonstrates the proposals compliance against PDC 31 and 12 parts (a), (b) and (d) above.

Part (c) and (e) of the PDC’s is discussed under the following sub-heading.


Table 1

Part (a) – each resulting allotment: Proposal

Can satisfactorily accommodate an envisaged

land use consistent with each allotment’s land

capability and quality and quantity of water

supply

All allotments will maintain their existing

horticulture/viticulture use consistent with PDC 1 of

their corresponding zone.

Is of an area and dimensions that facilitate the orderly development and use of the land

All allotments are in excess of 33 hectares and will be of

a size to allow the ongoing, productive, use of each lot

for horticulture/viticulture purposes.

Provides an area suitable for the siting of

structures and outbuildings and associated

services and infrastructure where visual and

environmental impacts and modification of the

land form will be minimal

Each resulting allotment has a clustered area of built

form which could be further developed. These areas are

sited unobtrusively and would require minimal

modification of the land given the gentle land contours.

Has a frontage to an existing constructed all weather public road in order to provide vehicular access, or where the public road reserve is not constructed to an all-weather standard, the road is constructed or upgraded to provide all weather access to each allotment at no cost to Council

This has been satisfied in that:

Allotment 21 and 23 will have access via Victor

Harbor Road.

Allotment 22 will have a frontage to both Victor

Harbor and Goolwa Road.

Victor Harbor Road and Goolwa Road are both all-

weather public roads that presently accommodate large

traffic volumes.

Does not require the creation of a new public

road reserve

The creation of a new public road reserve will not be

required.

Does not create conditions that require access

via rights of way, new private roads or the

creation of additional hammerhead allotments

The right of way for access purposes in favour of Piece

14 and 15 over Allotment 13 will be removed.

No other rights of way or private roads will be created.

Part (b) – where three or more allotments are

affected:

Proposal

Any resulting smaller allotments (including smaller allotments that do not contain a dwelling) are clustered together or otherwise grouped with any existing adjoining smaller allotments in the locality

Proposed Allotment 21 will be the smallest created at

33.54 hectares. The adjoining allotment to the south of

proposed Allotment 21 is comparable in size at

approximately 29 hectares. Therefore, satisfying part

(b)(i) by clustering smaller allotments of adjoining

properties.

Any resulting smaller allotments that do not retain any established farming or horticultural land uses (whether or not the smaller allotments contain a dwelling), are not less than 1 hectare and not greater than 2 hectares (excluding that portion of land that represents the larger balance of the land affected by the division to be retained in one or more larger allotments)

All allotments will retain established

horticultural/viticulture land uses with all resulting

allotments over 33 hectares.


The more productive farming or horticultural land forms the balance or larger portion of the remaining allotment or allotments, rather than a smaller allotment occupying higher quality agricultural land (unless the smaller allotment defines the site of an existing productive rural enterprise to be retained in a single certificate of title)

Proposed Allotment 22 forms the balance of the land

with over 132 hectares. This will allow Pieces 14 and 15

to be more productive.

Regardless, all resulting allotments will continue existing

farming use.

Part (d) – where a resultant allotment contains a dwelling:

Proposal

The allotment is not less than 1 hectare in area All allotments created are over 33 hectares.

The dwelling is setback not less than 40 metres from an allotment boundary (but not including an existing public road boundary)

The dwelling on proposed Allotment 23 is in excess of

40 metres from internal allotment boundaries.

The dwelling on proposed Allotment 21 is located

approximately 10 metres from the northern internal

boundary. This is the existing setback from the northern

internal property boundary. The proposal does not alter

this arrangement. Any new dwelling on proposed

Allotment 22 can satisfy this guideline.

As shown in the table above, the proposed boundary re-alignment satisfies Primary Production Zone PDC

12 (a), (b) and (d), and Watershed Protection (MLR) Zone PDC 31 (a), (b) and (d) in that:

The existing horticultural/viticultural uses of the land will remain viable operations on all resulting

allotments.

The merge of Pieces 14 and 15 into the balance of land of Allotment 13 will allow orderly development

to occur and a site for a dwelling in future.

Proposed allotment 21, being the smallest at 33.5 hectares, is of a size that will not inhibit adjoining

primary production uses, particularly given there is already an existing dwelling on this allotment.

All proposed allotments will have access from either Victor Harbor or Goolwa Road, which are all-

weather public roads.

Water protection and waste disposal

Proposed Allotments 23 and 21 contain existing dwellings which are connected to independent services

such as waste control, water and electricity.

Proposed Allotment 22 will be located partly within the Watershed Protection (MLR) Zone and Primary

Production Zone. The balance of the land will be located in the Watershed Protection (MLR) Zone.

Proposed Allotment 22 will not contain an existing dwelling, therefore, there will be a future opportunity to

place a dwelling on this allotment.

Watershed Protection PDC 31 part (c), (d) and Primary Production PDC 12 part (c), (d) contemplate that a

future dwelling may be developed on the resulting allotment. The aim of these PDC’s is to ensure the

future dwelling can connect to an appropriately designed waste water system. Table 2 addresses the

proposal‘s performance against this provision.


Table 2

Part (c) where no dwelling exists on an

allotment, each resultant allotment contains a

site for a dwelling that satisfies the following

Proposal

The site is not located in areas subject to inundation by a 1-in-100 year return period flood event or sited on landfill which would interfere with the flow of such flood waters

Proposed Allotment 22 will be the only allotment

without an existing dwelling. Proposed allotment 22 is

not located in an area subject to inundation by a 1-in-

100 flood event.

The site has sufficient area to accommodate an approved waste treatment system

Proposed Allotment 22 is in excess of 132 hectares and

therefore will have sufficient area to accommodate an

approved waste treatment system.

The site is located so that it will not have any part of a septic tank effluent drainage field or any other wastewater disposal area (eg irrigation area) located within 50 metres of a watercourse


therefore will sufficient area to accommodate an

approved waste disposal area in excess of 50 metres

from a watercourse.

The site is located so that it will not have a wastewater disposal area located on any land with a slope greater than 20 per cent (1-in-5), or depth to bedrock or seasonal or permanent water table less than 1.2 metres

Proposed Allotment 22 is in excess of 132 hectares

which has areas where a wastewater disposal area can

be located on a slope less than 20 per cent (1-in-5).

The site is located so that it will not have a septic tank or any other wastewater treatment facility located on land likely to be inundated by a 1-in-10 year average return interval flood event

Proposed Allotment 22 is in excess of 132 hectares

which will have sufficient area to accommodate an

approved waste disposal outside of an area likely to be

inundated by a 1-in-10 year ARI flood event.

The site is located at least 25 metres from any watercourse


can accommodate a dwelling at least 25 metres from a

watercourse.

Part (e) Proposal

Not more than one dwelling is retained on any resulting allotment (except in the case of an approved second dwelling which is dependent on and connected to a single effluent management system).

One dwelling is retained on proposed Allotment 21 and

23. Allotment 22 has no dwelling.

As demonstrated in the table above, a future dwelling on proposed Allotment 22 will be able to be

connected to an appropriately designed waste treatment system. The large size of the allotment, over 132

hectares, means a waste treatment system could be located:

1. Outside an area subject to inundation.

2. Over 50 metres from a watercourse.

3. On land with a slope greater than 1-in-5.

Therefore, the boundary re-alignment will ensure a future dwelling on proposed Allotment 22 is able to be

appropriately connected to a waste disposal system protecting water quality.


Summary

The proposal is for a boundary re-alignment (3 into 3) in the Primary Production Zone and Watershed

Protection (MLR) Zone.

The subject site comprises three allotments which are put to horticulture and viticultural uses. Proposed

Allotments 22 and 21 also contain dwellings, which are to remain. There is no change in land use. The

proposal will facilitate/preserve existing primary production uses on large allotments, thereby achieving the

objectives of both the Primary Production and Watershed Protection (MLR) Zones. The primary purpose of

the division is to facilitate a merit application for a dwelling on existing allotment 13/new Allotment 22.

The siting of such a dwelling will be able to satisfy criteria set out under WP (MLR) Zone PDC 31 and

therefore be appropriate.

For all of the reasons outlined herein, we are of the opinion the proposed development sufficiently accords

with the Alexandrina Council Development Plan to warrant further assessment.

We look forward to your support to proceed to assess this proposal. Please feel free to contact me on 8333

7999 if you have any questions.

Yours sincerely

Matthew King MPIA CPP

Director

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