council assessment panel meeting agenda...2018/12/04 · council assessment panel agenda 04...

Council Assessment Panel Meeting Agenda

Tuesday 04 December 2018 at 6pm

Council Chambers, 401 Greenhill Road, Tusmore

Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown and Kate Shierlaw

1 APOLOGIES

Nil

2 KAURNA ACKNOWLEDGEMENT

The Presiding Member will take the opportunity to acknowledge the Kaurna people.

3 CONFIRMATION OF MINUTES

Recommendation: That the minutes of the meeting held on Tuesday 06 November 2018 be taken as read and confirmed.

4 APPLICATIONS WITHDRAWN FROM THE AGENDA

Nil

5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – PERSONS WISH TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING)

Report Number: 5734.1

Page:

Application Number: 180\1336\17

Applicant: Precision Homes

Location: 101 Mount Osmond Road, Mount Osmond

Proposal: Non-complying - Two storey dwelling, garage, porch, alfresco (balcony), associated earthworks and retaining, driveway access and water storage

Recommendation: Subject to concurrence from the State Commission Assessment Panel, that Development Plan Consent be granted

Representors: Di Buck & Roger Flint– 99 Mount Osmond Road MountOsmond (wish to be heard)

Applicant: 45 Hackney Road, Hackney

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING)


Page:


Applicant: Spectra Building Designers

Location: 16 Traminer Way, Auldana

Proposal: Alterations and additions to existing semi-detached dwelling

Recommendation: Development Plan Consent be granted

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Council Assessment Panel Agenda 04 December 2018

Representors: Igor Zaporoshenko – 2 Sylvaner Avenue Auldana (wish tobe heard)

Louis Vavaroutsos – 4 Sylvaner Avenue Auldana (Does notwish to be heard)

Anna Nardone - 19 Traminer Way (Does not wish to beheard)

Frank Nardone - 23 Traminer Way (Does not wish to beheard)

THDC Enterprise - 23 Traminer Way (Does not wish to beheard)

Vincenzo & Rosa Blefari - 21 Traminer Way (Does not wishto be heard)

Applicant: Suite 1 / 159 Port Road Hindmarsh SA 5007


Page:


Applicant: R D'Andrea

Location: 14 Thorpe Road, Burnside

Proposal: Amendment to 180\0902\17 - Retaining walls


Representors: Maria Capriulo – 10 Thorpe Road Burnside (wish to beheard)

Applicant: 11/467 Fullarton Road, Highgate

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING)

Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard.


Page:


Applicant: Ms L Hargraves

Location: 5 Yeronga Avenue, Kensington Park

Proposal: Demolition of existing dwelling and ancillary structures and construction of a two-storey detached dwelling including garage, verandah and alfresco


Representors: Grace Lee & Aik Heng (submitted x2 representations) – 7Yeronga Avenue, Kensington Park (wish to be heard)

Applicant: 53A Broadway, Glenelg South


Page:


Applicant: Dechellis Homes

Location: 11 Rayne Avenue, Linden Park

Proposal: Two-storey detached dwelling including garage, portico, alfresco, balcony and retaining walls

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59

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2



Representors: Patricia A Doman – 12 Hughes Street Linden Park (wish tobe heard)

Shiva Heidari – 13 Rayne Avenue Linden Park (do not wishto be heard)

Applicant: 170 Payneham Road, Evandale

6 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (NO HEARING)


Page:


Applicant: J Sage


Proposal: Non-complying: Earthworks and outbuilding (shed) with rooftop parking

Recommendation: Subject to concurrence from the Development Assessment Commission, that Development Plan Consent be granted


Page:


Applicant: G M Fuller and W Fuller

Location: 126-128 Waterfall Gully Road, Waterfall Gully

Proposal: Non-complying additions to existing dwelling, demolition of existing outbuilding, construction of two-storey studio/retreat outbuilding, new swimming pool deck and fence and front gate.


(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (NO HEARING)


Page:


Applicant: C S McLennan and Pyper Leaker

Location: 446 Glynburn Road, Erindale

Proposal: Land Division (Torrens Title) - creating two (2) allotments from one (1) existing, partial demolition of Local heritage place (stone wall), fill and retaining walls.


Land Division Consent be granted

Previously deferred item returning to the Panel for further consideration.

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

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95

107

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7 CATEGORY 1 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD


Page:


Applicant: C Maiolo

Location: 1 Matilda Street, Eastwood

Proposal: Alterations to existing outbuilding including conversion to habitable building ancillary to the existing dwelling

Recommendation: Development Plan Consent be refused

Previously deferred item returning to the Panel for further consideration.

8 OTHER BUSINESS

Nil

9 ORDER FOR EXCLUSION OF THE PUBLIC FROM THE MEETING TO DEBATE CONFIDENTIAL MATTERS

That, pursuant to Section 56A(12) of the Development Act, 1993, the public be excluded from this part of the meeting of the City of Burnside Council Assessment Panel dated Tuesday 04 December 2018 (with the exception of members of Council staff who are hereby permitted to remain), to enable the Panel to receive, discuss or consider legal advice, or advice from a person who is providing specialist professional advice.

10 CONFIDENTIAL MATTERS

10.1 LEGAL MATTER APPEAL

Nil

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Council Assessment Panel Agenda

NOTES FOR THE READER

Purpose

The purpose of each report prepared for the Council Assessment Panel is to assist the applicant, those assessing the application and members of the public alike, to understand all of the relevant factors and considerations involved in the assessment of each particular development application.

Development Plan Assessment

Development in South Australia is regulated under the Development Act, 1993 and the Development Regulations, 2008.

This legislation requires Council, which is a relevant planning authority under this legislation, to assess most applications for development against the provisions of Council’s “Development Plan”.

The Development Plan is a policy document. The policy is formulated by the Council. It uses some “planning language” but is intended to form a useful and practical guide for the public and those responsible for the assessment of development. It is a practical policy document which the planning authority must apply to development assessment in a practical way.

When assessing development, the relevant provisions within the Development Plan are identified. The planning authority will then usually be required to consider whether those provisions speak for or against a proposed development. Quite often the assessment task will require the planning authority to weigh the “pros and cons” of a proposed development by reference to the relevant policies within the Development Plan.

The process involved in the assessment of each development application is contained within the above legislation. Depending on a variety of factors, including the nature of the development and the Zone within which it is proposed, applications may be classified as “complying”, “non-complying” or “merit” development. The classification of the application will determine the procedure to be followed under the legislation. Classification will also determine the public notification protocol, that is, whether the planning authority is able to provide public notification and if so, the extent of the public notification.

Representations

Representors will usually be provided with an opportunity to address the planning authority at its relevant meeting if they wish to be heard. In this case the relevant planning authority will hear and consider the representations prior to making its decision. It is the role of the planning authority to act as a mediator or arbitrator between representor(s) and applicant.

The reports prepared by the Council’s staff will not separately address the content of each representation, but rather will deal with relevant town planning issues raised in any representation, together with all other relevant considerations involved in the assessment of a proposed development.

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04 December 2018

Report Number: PR 5734.1

DEVELOPMENT APPLICATION


Applicant: Precision Homes


Proposal: Non-complying - Two storey dwelling, garage, porch, alfresco (balcony), associated earthworks and retaining, driveway access and water storage

Zone/Policy Area: Hills Face Zone

Development Plan consolidated 19 December 2017

Kind of Assessment: Non-complying

Public Notification: Category 3

One (1) representation received

Appeal Opportunity Third party only, no Applicant appeal rights

Referrals – Statutory: CFS

Referrals – Non Statutory: Technical Officer

Delegations Policy: Non-complying development


Recommending Officer: Renae Grida

REPORT CONTENTS

Assessment report:

- Appendix 1 – Aerial Locality Map

- Appendix 2 – Detailed Planning Assessment

- Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making:

Plans and supporting documents

External agency referral reports

Internal agency referral reports

Representations received

Applicant’s response to representations

Photographs

Delegates report to proceed

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04 December 2018


1. DESCRIPTION OF PROPOSAL

The applicant seeks Development Plan Consent for the construction of a new two-storey detached dwelling including garage, porch, alfresco, associated earthworks and retaining walls, water storage and associated landscaping. The upper floor will comprise a garage, porch, alfresco (balcony), guest bedroom, bathroom, retreat, open plan living areas and master bedroom including ensuite and walk in room. The lower floor will comprise bedrooms 2 and 3, study, bathroom, laundry and a room spanning the width of the building of which is to be used for storage as stated by the applicant. The land will require a degree of cut and fill to create suitable bench levels for the construction of the dwelling, in excess of 9 cubic metres. The development includes associated retaining walls.

2. BACKGROUND

Development application 180\1336\17 was lodged on 21 December 2017 by Precision Homes on behalf of the registered owners of the land. The application was determined to be a non-complying form of development pursuant to the Burnside (City) Development Plan, Hills Face Zone, Principle of Development Control 27, which states that:

“The following kinds of development are non-complying in the Hills Face Zone: Detached Dwelling or additions to, or conversion of, an existing detached dwelling where: (a) the dwelling is to be constructed on an allotment where:

(i) a dwelling already exists; or (b) the scale and design is such that:

(i) the vertical distance between any point at the top of any external wall and the finished ground level immediately below that point on the wall exceeds three metres, other than gable ends of the dwelling where the distance exceeds five metres; or

(ii) there is a floor level directly above another floor level, except where the upper floor level is located wholly at or below finished ground level ; or

(c) the depth of excavation and/or height of filling of land exceeds 1.5 metres”

(my underlining)

Despite the non-complying classification, the proposal was deemed to have sufficient merit to warrant a full assessment and the delegate made the determination to proceed pursuant to Regulation 17(3) of the Development Regulations 2008. A request was then made to the applicant to provide a Statement of Effect under Section 39(2)(d) of the Development Act 1993. The application was placed on category 3 public notification for a period of two weeks, during which time one (1) representation was received. The application required a statutory referral to the Country Fire Service (CFS) pursuant to Schedule 8 of the Development Regulations 2008, and was referred internally to Council’s

Technical Officer in regards to trees, traffic, manoeuvring and stormwater management.

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The applicant provided a brief report prepared by Arborman Tree Solutions identifying the large SA Blue Gum located adjacent the eastern side of the property, and noted on the landscaping plan as to be removed, as exempt from planning controls as it is within 20 metres of an existing dwelling. Further clarification was also sought from Council regarding large trees at the front of the property, where a subsequent report from Arborman Tree Solutions was provided. Tree 1 was identified as a regulated SA Blue Gum and Tree 2 an unregulated SA Blue Gum. The impacts of development to Tree 1 presented a 12% encroachment into the tree protection zone, being a ‘major’ encroachment under Australian Standard 4970-2009. Tree 2 is to be removed, and does not require the approval of Council as it is unregulated. There is also a large River Red Gum located on the Council verge adjacent the south-western front property boundary of the adjoining property at 103 Mount Osmond Road. The proposed development is in excess of 15m from this tree, and as such is not considered to be of an impact. The proposal is now presented to the Council Assessment Panel (the Panel) for determination as a non-complying development, with a staff recommendation for consent, subject to the concurrence of the State Commission Assessment Panel (SCAP).

3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land is an existing and irregular shaped allotment, located on the northern side of Mount Osmond Road. The site has an approximate site area of 2069 square metres, with a frontage to Mount Osmond Road measuring 32.26 metres. The land is currently vacant and undeveloped. There was a previous development authorisation for the site in 1991, of which lapsed and no construction was ever undertaken. The subject land is bound by residential allotments to the east and west, the Mount Osmond Golf Club to the south, and Themeda Reserve to the north.

3.2. Locality

The locality is characterised by the varied topographical features of the Hills Face Zone. The locality contains a mix of single storey and two-storey residential detached dwellings on large allotments of varying terrain, of which have dwellings designed to take advantage of views across the Adelaide Plains.

The locality presents a consistent pattern of residential development along the northern side of Mount Osmond Road with generally consistent sized and shaped allotments, with the exception of those sited on the bend of the road. Dwellings generally have a low profile and are sited below street level, and extend to a larger scale as they step into the land, following the topography of the land within the locality.

4. KIND OF ASSESSMENT

Kind: Non-complying

Reason: Development Plan, Hills Face Zone, Principle of Development Control 27

Applicant Appeal Opportunity: No

5. PUBLIC NOTIFICATION

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Category: Category 3

Reason: Development Act 1993, Section 38(2)(c)

Cut / Fill: Over 9m3 of excavation and fill is to be undertaken on the subject land as has been clearly depicted on the submitted documentation.

Representations Received: Di Buck & Roger Flint– 99 Mount Osmond Road Mount Osmond (wish to be heard)

Third Party Appeal Opportunity: Yes

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

6. AGENCY REFERRALS

External agency referrals are provided as an attachment to the Panel.

Internal agency referrals are provided as an attachment to the Panel.

7. EXECUTIVE SUMMARY

7.1. Land Use

In relation to the current proposal, the following comments are made:

The Hills Face Zone serves as a natural backdrop to the Adelaide Plains, providing a buffer area between metropolitan districts and preventing the urban area from extending into the western slopes of the ranges. The Development Plan envisages a zone accommodating development where the natural character is preserved and visual intrusion of development limited;

The development will have minimal impact on the natural character of the zone;

The proposed dwelling will sit relative to other established development in the locality in terms of siting and built form characteristics;

The development will not affect existing native vegetation and fauna habitats; and

The design of the proposed dwelling will modest impact on the appearance of the land when viewed from the Adelaide Plains.

The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The locality enjoys a high degree of amenity, enhanced by the open and natural landscape of the hills and comprises residential dwellings to the low side of Mount Osmond Road, and the Mount Osmond Golf Course to the high side of the road. The locality comprises numerous examples of dwellings that are single-storey to the front and two-storey to the rear, which minimises the building footprint and earthworks, and allows for views. Dwellings are typically set well back from the street frontage and some comprise detached garages and carports.

The proposed dwelling is of a contemporary design with both pitched and skillion roof forms. The dwelling presents to Mount Osmond Road with a single-storey profile that sits well below street level and is not highly visible from the Adelaide Plains, screened from view by existing vegetation and the surrounding land form. The rear of the dwelling

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extends to a two-storey building profile in a manner that is responsive to the topography of the land, and in keeping with the existing character of residential buildings in this locality of the Hills Face Zone.

The building is designed to appear single-storey to the street, consistent with the pattern of buildings fronting Mount Osmond Road. The two-storey rear of the building is not considered to be adversely obtrusive to neighbouring properties, being excavated into the land to minimise the vertical profile of the building. The western side of the building, whilst presenting with a lesser setback than sought by the Development Plan (1.88m), it will present with a vertical profile of approximately 5.4m, which is comparable to that of a single storey dwelling. The retaining for the excavation required has been amended and relocated away from the western side boundary and is now to the side of the dwelling, meaning the existing chain wire fence and vegetation is to be retained, further minimising the visual impact of this portion of the building. The eastern side setbacks vary from 2.298m – 3m for the front “single-storey” portion of the building, and increases to 7.1m to the two-storey portion of the building. The dwelling is appropriately set back some 15m from Mount Osmond Road. Whilst the adjoining dwelling to the west has a deeper setback of some 24m, the detached carport is set back approx. 7.7m from the front property boundary, which is more visible to the street than the dwelling. Similarly, the adjoining dwelling to the east is set back some 11.8m. As such, the siting of the proposed dwelling is considered comparable to that of existing buildings and structures along Mount Osmond Road.

The external faces of the building comprise varied textured materials including stone, rendered cladding and weatherboard. The proposed colour palette comprises ‘Colorbond Wallaby’ for the roof, gutters and fascias, render faces to be painted in ‘Dulux Dune Half Strength’, weatherboard to be finished in ‘Colorbond Monument’ and the feature blade wall to be clad in ‘stone promenado porcelain’ tiles, which exhibits a natural colour scheme of grey and brown hues. The Hills Face refers to the external materials of buildings having low light reflective surfaces and be of dark natural colours so as to remain unobtrusive to the natural character of the zone.

Privacy and amenity is considered to be sufficiently addressed in terms of impacts to neighbouring properties. There are no windows on the western elevation, and only one east facing window to the eastern elevation at ground level. The rear facing elevation of the building includes large windows, designed to obtain views of the hills and city beyond. It is noted that most properties experience reciprocated views, due to the topography and open character of the locality, and the Development Plan does not seek to restrict all views, but to minimise direct and unreasonable overlooking.

Concern was raised by the adjoining neighbours at 99 Mount Osmond Road regarding overlooking to their benched yard adjacent the common boundary. The plans have since been amended to include privacy screening to the western side of the rear balcony to a height of 1.8m, as well as a blade wall extending the western elevation to restrict views from the rear facing window associated with Bedroom 1. The overlooking plan demonstrates the range of view capable as a result of the restrictions to the western side, as well as the extent of views obtained toward the north-east. It is considered that in the context of the site and locality, the extent of views are neither direct or unreasonable, noting the reciprocal impacts and a balanced outcome in including some privacy screening devices to the western side.

Council is satisfied that the development has been designed to be consistent with and contribute to, achievement of the primary objective for the Hills Face Zone, having due regard to siting, mass and proportion, materials, floor levels, roof form and pitch, façade

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articulation and built form features that are comparable to existing housing stock within the locality.

7.3. Site Functionality

The topographical survey suggests that much of the proposed building envelope will encompass the flattest and previously benched portion of the land. Despite this, there is still a considerable amount of earthworks proposed, albeit the cut and fill proposed being finely balanced.

The proposed development has been designed to work with as far as practicable, the existing contours of the subject land so as to maintain a relatively low profile, and as such earthworks as proposed are generally below road level, and associated retaining walls are sufficiently concealed so as to minimise visual impact. The extent of earthworks comprise mostly excavation in the form of up to 2.2m, and some filling of approximately 1m is proposed behind the dwelling, which will grade down to natural ground. The edges of the driveway will also be battered with some retained cut. The retaining wall is located to the side of the dwelling and not to the boundary, and as such will have little to no impact beyond the subject land. Rock retaining walls are proposed adjacent the driveway, which will enhance the natural features of the locality. The proposed driveway access is designed to run parallel to the contours of the land and minimise steepness. The grades do not exceed 1-in-4 which is considered to be safe and convenient, and includes a turnaround area to facilitate entering and exiting the site in a forward motion. The site is capable of containing sufficient off-street car parking in accordance with the Development Plan guidelines. The proposed water tank to the front of the site is comparable to the one on the adjoining property, and is set below street level, only partially visible, and as such maintaining the contextual setting.

The proposed dwelling footprint is modest in the context of the size of the site, sitting well below site coverage and total floor area guidelines under the Development Plan. The land also accommodates an appropriate portion of useable and accessible open space to the rear.

7.4. Public Notification

As a result of the public notification process, one (1) representation was received from the adjoining property at 99 Mount Osmond Road, Mount Osmond. The representation raised a number of issues with the proposed development, including:

Visual impacts resulting from the western side elevation of the proposed dwelling due to:

o the close proximity of the setback; o the large vertical height above natural ground level; o the destructive impact on vegetation from the proposed excavation; o the proposed colour scheme; o the dwelling height exceeding one-storey; and o the external wall heights exceeding 3 metres.

The applicant subsequently provided a written response accompanied by amended plans to Council, and a summary of the amendments made are as follows:

Western side setback increased by 500mm (1.88m);

Natural ground level to be retained to the western side of the proposed dwelling in lieu of the proposed excavation and retaining to the boundary, resulting in the retention of the existing boundary fence and vegetation between the subject land and 99 Mount Osmond Road;

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Privacy screen proposed to the western side of the alfresco (balcony) to a height of 1.8m;

Blade wall to the western side of the dwelling to restrict views from the master bedroom on the upper floor; and

External colours amended to ‘Dulux Dune Half Strength’ which is darker than the previously proposed colour.

Council is satisfied that the concerns raised in the representation have been sufficiently addressed.

7.5. Agency Referrals

Council’s Technical Officer is supportive of the application with respect to stormwater management and access and has imposed general notes with respect to engineering requirements. Following statutory referral to the CFS, there were no issues raised with respect to vehicle access, given the proposed development is sited less than 30 metres from the public road, or regarding the location of the dedicated water supply. The CFS has imposed general conditions regarding water supply requirements and vegetation.

7.6. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\1336\17, by Precision Homes is granted Development Plan Consent

subject to the following conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason: To ensure the development is undertaken in accordance with the plans and details submitted.

2 The landscaping detailed on the stamped and approved plans granted Development Plan Consent shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development.

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Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason: To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

3 The balcony screening to the western side elevation of the proposed rear facing balcony as depicted on the stamped and approved plans granted Development Plan Consent shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. The privacy screening shall be installed to a minimum height of 1.8 metres above the finished floor level of the balcony, and shall comprise 80% solid screening. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

4 The approved works may not commence until such time as the applicant has secured written authorisation for the construction of the new driveway crossover from the Council pursuant to Section 221 of the Local Government Act 1999. Reason: To ensure the applicant has secured all relevant consents/authorisations required prior to the commencement of development.

5 ACCESS TO DWELLING

The Minister’s Code Undertaking development in Bushfire Protection Areas Part 2.3.3.1 describes the mandatory provision that ‘Private’ roads and driveways to buildings shall provide safe and convenient access/egress for large bushfire fighting vehicles, where the furthest point to the building from the nearest public road is more than 30 metres. SA CFS has no objection to the proposed access driveway as detailed on drawing named Site Plan, dated at last revision 18 Dec 2017, with the following conditions:

- Access to the building site shall be of all-weather construction, with a minimum formed road surface width of 3 metres and must allow forward entry and exit for large fire-fighting vehicles.

- The all-weather road shall allow fire-fighting vehicles to safely enter and exit the allotment in a forward direction by incorporating either -

o a loop road around the building, OR

o a turning area with a minimum radius of 12.5 metres, OR

o a ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11

metres and minimum internal radii of 9.5 metres. - Private access shall have minimum internal radii of 9.5 metres on all bends. - Vegetation overhanging the access road shall be pruned to achieve a minimum

vehicular clearance of not less than 4 metres in width and a vertical height clearance of 4 metres.

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Reason:

To ensure requirements of the CFS are upheld.

6 VEGETATION

The Code Part 2.3.5 mandates that landscaping shall include Bushfire Protection features that will prevent or inhibit the spread of bushfire and minimise the risk to life and/or damage to buildings and property.

- A vegetation management zone (VMZ) shall be established and maintained within 20 metres of the dwelling (or to the property boundaries - whichever comes first) as follows: o The number of trees and understorey plants existing and to be established within

the VMZ shall be reduced and maintained such that when considered overall a maximum coverage of 30% is attained, and so that the leaf area of shrubs is not continuous. Careful selection of the vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity, and privacy and yet achieve the ‘overall maximum coverage of 30%’.

o Reduction of vegetation shall be in accordance with SA Native Vegetation Act

1991 and SA Native Vegetation Regulations 2017.

o Trees and shrubs shall not be planted closer to the building(s) than the distance

equivalent to their mature height.

o Trees and shrubs must not overhang the roofline of the building, touch walls,

windows or other elements of the building.

o Shrubs must not be planted under trees and must be separated by at least 1.5

times their mature height.

o Grasses within the zone shall be reduced to a maximum height of 10cm during

the Fire Danger Season.

o No understorey vegetation shall be established within 1 metre of the dwelling

(understorey is defined as plants and bushes up to 2 metres in height). o Flammable objects such as plants, mulches and fences must not be located

adjacent to vulnerable parts of the building such as windows, decks and eaves

o The VMZ shall be maintained to be free of accumulated dead vegetation.

Reason:

To ensure requirements of the CFS are upheld.

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WATER SUPPLY

The Code Part 2.3.4.1 prescribes the mandatory provision of a dedicated and accessible water supply to be made available at all times for fire-fighting. Ministers Specification SA78 provides the technical details of the dedicated water supply for bushfire fighting for the bushfire zone. The dedicated bushfire fighting water supply shall also incorporate the installation of a pumping system, pipe-work and fire-fighting hose(s) in accordance with Minister’s Specification SA78:

- A minimum supply of 22,000 litres of water shall be available at all times for bushfire fighting purposes.

- The bushfire fighting water supply shall be clearly identified and fitted with an outlet of at least 50mm diameter terminating with a compliant SA CFS fire service adapter, which shall be accessible to bushfire fighting vehicles at all times.

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- The water storage facility (and any support structure) shall be constructed of non-combustible material.

- The dedicated fire-fighting water supply shall be pressurised by a pump that has

o A minimum inlet diameter of 38mm, AND

o Is powered by a petrol or diesel engine with a power rating of at least 3.7kW

(5hp), OR o A pumping system that operates independently of mains electricity and is

capable of pressurising the water for fire-fighting purposes. - The dedicated fire-fighting water supply pump shall be located at or adjacent to the

dwelling to ensure occupants safety when operating the pump during a bushfire. An ‘Operations Instruction Procedure’ shall be located with the pump control panel.

- The fire-fighting pump and any flexible connections to the water supply shall be protected by a non-combustible cover that allows adequate air ventilation for efficient pump operation.

- All bushfire fighting water pipes and connections between the water storage facility and a pump shall be no smaller in diameter than the diameter of the pump inlet.

- All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

- A fire-fighting hose (or hoses) shall be located so that all parts of the building are within reach of the nozzle end of the hose and if more than one hose is required they should be positioned to provide maximum coverage of the building and surrounds (i.e. at opposite ends of the dwelling).

- All fire-fighting hoses shall be capable of withstanding the pressures of the supplied water.

- All fire-fighting hoses shall be of reinforced construction manufactured in accordance with AS 2620 or AS 1221.

- All fire-fighting hoses shall have a minimum nominal internal diameter of 18mm and a maximum length of 36 metres.

- All fire-fighting hoses shall have an adjustable metal nozzle, or an adjustable PVC nozzle manufactured in accordance with AS 1221.

- All fire-fighting hoses shall be readily available at all times.

ACCESS (to dedicated water supply)

The Code Part 2.3.4.1 requires a dedicated and accessible water supply to be made available at all times for fire-fighting.

Ministers Specification SA 78 describes the mandatory provision for access to the dedicated water for fire-fighting vehicles where the path of travel from the entrance to the property to the water storage facility is more than 30 metres in length, by an all-weather roadway.

Where a water storage facility is required to have a fire authority fitting, the following will apply:-

The proposed location of dedicated fire water has not been detailed on drawings provided.

SA CFS has no objection to the existing water supply being utilised as the dedicated supply, providing an outlet can be positioned to comply with the following conditions:

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8

- Water supply outlet shall be easily accessible and clearly identifiable from the access way. Stand alone tanks shall be identified with the signage ‘WATER FOR FIRE FIGHTING’ and the tank capacity written in 100mm lettering on the side of each tank and repeated so that the sign is visible from all approaches to the tank. The sign shall be in fade-resistant lettering in a colour contrasting with that of the background (ie blue sign with white lettering.)

- Access to the dedicated water supply shall be of all-weather construction, with a minimum formed road surface width of 3 metres.

- Provision shall be made adjacent to the water supply for a flat hardstand area (capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes) that is a distance equal to or less than 6 metres from the water supply outlet.

- SA CFS appliance inlet is rear mounted; therefore the outlet/water storage shall be positioned so that the SA CFS appliance can easily connect to it rear facing.

- A gravity fed water supply outlet may be remotely located from the tank to provide adequate access.


- All water supply pipes for draughting purposes shall be capable of withstanding the required pressure for draughting.

- Ideally a remote water supply outlet should be gravity fed, where this is not possible the following dimensions shall be considered as the maximum capability in any hydraulic design for draughting purposes: The dedicated water supply outlet for draughting purposes shall not exceed 5 metre maximum vertical lift (calculated on the height of the hardstand surface to the lowest point of the storage) and no greater than 6 metre horizontal distance. The suction outlet pipework from the tank shall be fitted with an inline non return valve of nominal internal diameter not less than that of the suction pipe and be located from the lowest point of extract from the tank. All fittings shall be installed to allow for easy maintenance.

Reason: To ensure requirements of the CFS are upheld. The regulated SA Blue Gum (Eucalyptus cladocalyx) located in the front south-western

corner of the subject land shall be protected in accordance the recommendations contained Arborist Report prepared by Jason Williams of Arborman Tree Solutions dated 24 October 2018 that forms part of stamped documentation granted Development Plan Consent, and the following:

The tree shall have a Tree Protection Zone of 9.36 metres as a radius from the centre of the trunk.

The Tree Protection Zone shall form a temporary protective fence of 1.8m shall be erected around the Tree Protection Zone prior to any work commencing on the site and shall be maintained in place until all work has been finalised. This fencing shall be constructed using the typical portable concrete block and mesh fencing around the site and label the fence "Tree Protection Zone - Keep Out".

All construction vehicles and workers shall be kept off the root zone as designated for the Tree Protection Zone.

No equipment/debris/building rubble or material shall be discarded/stored within the Tree Protection Zone for the full period of construction work.

Nothing is to be attached to the tree, including temporary service wires, nails, screws, signs or any other fixing device.

Certificates of compliance should be attained from a suitably Qualified Arborist at specified development intervals (see Appendix E - AS4970-2009 Schedule of

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Compliance Checks). The Project Arborist should inspect the tree once the development has concluded.

This is to verify the tree’s condition and to identify any potential remediation, if required, for Tre

Note: All contractors working on the site should be made specifically aware of the above conditions. Reason: To ensure the health of the subject tree is not unreasonably impacted by the proposed development.

Advisory Notes

1 Engineering Requirements: Driveway Requirements

Unless approved otherwise, construction of the driveway crossover shall be in accordance with Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

A driveway width of 4.5 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.

If you elect to carry out the works yourself (or via a contractor) evidence of Public Liability Insurance must be provided to Council before any works can commence on the public verge/road.

Stormwater Detention

Due to the introduction of the significant impermeable area of this development, detention shall be provided to limit post development flow intensity to reflect or not exceed that of pre development. Calculations shall be provided to verify the ability of proposed retention/detention quantity to meet the Council’s default detention requirements below:

o The volume of any detention device shall be equal to the volume of water

generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

For stormwater management purposes, the area of discharge of surface water and detention/retention overflow is to be armoured or managed in such a way to avoid erosion.

Stormwater Discharge

The area of discharge of surface water and detention/retention overflow is to be armoured or managed in such a way to avoid erosion.

Trenching and connections are to be undertaken as per Australian Plumbing Standards.

RECOMMENDING OFFICER

Renae Grida Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Zone Objectives and Principles

Primary Hills Face Zone Objectives:

Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to:

(a) Provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) Preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) Provide for passive recreation in an area of natural character close to the metropolitan area; (d) Provide a part of the buffer between metropolitan districts and prevent the urban area extending into the

western slopes of the ranges; and (e) Ensure that the community is not required to bear the cost of providing services to land within the zone.

Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to:

(a) Preserve and enhance the natural character or assist in the re-establishment of a natural character in the zone;

(b) Limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or from the Adelaide Plains;

(c) Not create, either in themselves, or in association with other developments, a potential demand for the provision of services at a cost to the community; and

(d) Prevent the loss of life and property resulting from bushfires.

Subject:

DP Ref

Assessment:

Desired Land Use O 1

Satisfied.

The subject land is currently vacant and located amongst existing residential allotments, whereby the proposed dwelling is not considered out of character and is logically anticipated;

The design of the proposed dwelling is characteristic of established dwellings in the locality which follow the topography of the land and are not significantly obtrusive as viewed from the Adelaide Plains.

Design for Topography PDC 2

Satisfied.

The building has been designed with a ground level that sits below the adjacent road level, such that its visual presentation is reduced as viewed from the road;

Whilst a degree of excavation and filling will occur, the visual impact of retaining walls is minimised as the building is designed to follow the contours of the land, has retaining walls located inside the subject land to reduce visual impact and land manipulation adjacent to adjoining properties, and proposes to use rock retaining to the driveway to better contribute to the natural character of the Hills Face Zone.

Operation and Management PDC 3

Satisfied.

Building Design and Location

PDC 7-15 Satisfied.

The dwelling is appropriately designed to work with the contours of the land, and is of a vertical profile that is not considered large or obtrusive in this setting;

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The dwelling sits well below street level, reducing its visual presence to the streetscape;

The vertical massing of the building is considered reasonable, being sited on excavated land (in particular adjacent the western side) and has a suitable setback to the eastern side to further minimise bulk and scale;

The varied roof form and profile is complementary to the natural character sought after by the Zone provisions; and

The dwelling façade incorporates a suitable degree of articulation and varied materials, colours and textures appropriate to the Hills Face Zone.

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Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 52: A compact metropolitan area.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

Subject:

DP Ref

Assessment:

Zoning and Land Use

O 52–60 Satisfied.

Refer to Zone section. Building Set-backs PDC 161–163 Front Set-backs

Satisfied.

Side Set-backs

Variance.

The western side of the building, whilst presenting with a lesser setback than sought by the Development Plan (1.88m), it will present with a vertical profile of approximately 5.4m, which is comparable to that of a single storey dwelling.

The retaining for the excavation required has been amended and relocated away from the western side boundary and is now to the side of the dwelling, meaning the existing chain wire fence and vegetation is to be retained, further minimising the visual impact of this portion of the building.

The eastern side setbacks vary from 2.298m – 3m for the front “single-storey” portion of the building, and increases to 7.1m to the two-storey portion of the building.

Rear Set-backs Satisfied.

Building Height

PDC 164 Satisfied.

The proposed building does not exceed the 9m or two-storey building height guideline.

Site Coverage

PDC 165 Satisfied.

The degree of site coverage and total floor area is well below the 40% and 50% guideline of CW PDC 164 respectively.

Private Open Space

PDC 166, 169 Satisfied.

The development accommodates sufficient open space that is of a useable grade.

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Privacy

PDC 22, 174–176 Satisfied.

There are no windows on the western elevation, and only one east facing window to the eastern elevation, at ground level. The rear facing elevation of the building includes large windows, designed to obtain views of the hills and city beyond.

Privacy screening is proposed to the western side of the rear balcony to a height of 1.8m, as well as a blade wall extending the western elevation to restrict views from the rear facing window associated with Bedroom 1. The overlooking plan demonstrates the range of view capable as a result of the restrictions to the western side, as well as the extent of views obtained toward the north-east.

Access and On-Site Car Parking PDC 177–182

Satisfied.

Council’s Traffic Engineer has reviewed the proposed access arrangement and driveway grades of which have been deemed safe and convenient.

The proposed crossover is sufficiently separated from Council street trees and other infrastructure within the verge.

The land is capable of accommodating sufficient off-street car parking in accordance with CW PDC 181.

Access to Sunlight PDC 21, 183–186

Satisfied.

The proposal will also have negligible impact on the sunlight access of adjacent properties given the proposed dwelling is well separated from other dwellings, it is excavated into the ground, the adjoining sites and private open space are large, and as there is no southern neighbour. Further, there is already a high amount of shadowing provided by trees in the locality, so the proposal is unlikely to materially increase overshadowing to other land.

Fences and Retaining Walls PDC 190–194

Satisfied.

Retaining walls adjacent the driveway are low in height, sited below street level and are to be constructed of moss rock which is a sympathetic material to the natural landscape of the locality with minimal visual impact beyond the subject land.

The retaining wall to the western side of the dwelling is not visible outside the subject land as it is to retain cut and backfilled against so as to minimise visual impact.

Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied.

There is a large SA Blue Gum (Eucalyptus cladocalyx) located adjacent the eastern side boundary, approximately 48m deep in the allotment. The tree is of significant size, however exempt due to the land being located within a High Risk Bushfire Protection Area, and in any event, is more than 15m from the proposed development.

There is a regulated SA Blue Gum (Eucalyptus cladocalyx) located in the front south-western corner of the subject land. The development makes a 12% encroachment into the Tree Protection Zone of the tree. Council’s Arborist has reviewed the recommendations in regards to protection measures and concurs with the recommendation contained within the Arborman Report, included as conditions of consent.

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There is a large significant River Red Gum (Eucalyptus camaldulensis) located in the Council verge, forward of the adjoining property at 103 Mount Osmond Road. The crossover is located some 27m west of the tree, and the proposed dwelling is some 20m from the tree. The proposed driveway makes an encroachment within the 15m Tree Protection Zone of the tree, of which no concerns have been raised by Council’s Arborist.

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APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 2069m2 N/A

Street Frontage 32.26m N/A

Design Characteristics Proposed Guideline

Site Coverage

- Buildings only 230.1m² 11.1%

40%

- Buildings and driveways 339.1m² 16.4%

50%

- Total floor area 344.3m² 16.6%

50%

Building Height

- storeys 2 storeys 1 storeys

- metres 7.9m 9m

Set-backs

Lower Level

- front boundary 15.9m 6m

- side boundary 2.298m – 3.080m (e) 1.88m (w)

2m

- rear boundary 41m 4m

Upper Level

- front boundary N/A 6m

- side boundary 7.105m (e) 1.88m (w)

4m


Private Open Space

- percentage 320m² approx. 93% of TFA

50%

- dimensions 15m x 15m 5m x 8m

Car Parking and Access

- number of parks 3 3

- width of driveway 3.1m 4.5m

- width of garage/carport door 5m 15.5% of frontage width

33% of frontage width

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Applicant: Spectra Building Designers

Location: 16 Traminer Way, Auldana

Proposal: Alterations and additions to existing semi-detached dwelling

Zone/Policy Area: Residential Zone

Residential Policy Area 9 – Northern Foothills


Kind of Assessment: Merit

Public Notification: CAT3

Six (6) representations received

Appeal Opportunity Applicant and third party appeal rights

Referrals – Statutory: Nil

Referrals – Non Statutory: Nil

Delegations Policy: Unresolved representations


Recommending Officer: Nishanth Dasan

REPORT CONTENTS

Assessment report:









Photographs

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The applicant seeks Development Plan Consent for the construction of an upper-level addition to an existing two storey semi-detached dwelling, effectively creating a third storey.

The proposed addition comprises a single 45.5 square metre room to be utilised as a studio located to the rear of the existing building footprint adjacent the western side boundary separating the two semi-detached dwellings. The addition will have a total height of 8.9 metres above natural ground level

The external walls will be Colorbond cladded with a return window on the western and northern elevations. This window will be screened with an angled louvere privacy screen to the northern side with a return section also covering a 1 metre section of the western window.

2. BACKGROUND

There are no previous applications relevant to the current assessment, although for background it is noted that the semi-detached dwellings were approved in 1990 (DA 180/00670/90/DI).

The current proposal, Development Application 180\0842\18 was lodged on 30 July 2018 by Spectra Building Designers on behalf of the registered owner of the land.

The proposal was determined to be a merit form of development pursuant to Section 35(5) of the Development Act 1993 (the Act). For the purposes of public notification, the application was

determined to be a Category 3 development in accordance with the Section 38, 2(c) of the Act.

The application was made available for public inspection between 28 September and 16 October 2018, during which time Council received written submissions from several external parties, of whom one expressed a desired to appear in person before the Council Assessment Panel (the Panel) in support of their submission. Copies of the submissions were forwarded to the Applicant, who has provided a response which addresses some of the concerns raised throughout the notification process.

Pursuant to Council’s Delegation Policy, the application is now presented to the Panel for consideration as a Category 3 development assessed on merit with one representor wishing to be heard and a staff recommendation for approval, subject to conditions.


3.1. Subject Land

The subject land is an irregularly shaped allotment on the northern side of Traminer Way, which measures approximately 687 square metres in area and has a frontage to the public road of 22.4 metres. The subject site is located within the suburb Auldana and is wholly contained within the Residential Zone of the Burnside (City) Development Plan, specifically Residential Policy Area 9 – Northern Foothills (RPA 9). The site is occupied by one of a pair of two storey semi-detached dwellings designed in a stepped configuration following the natural topography of the locality and presenting in a unified architectural style. The dwelling is not heritage listed and built during the 1990s. The dwelling presents to Traminer Way as a single storey building before increasing to two storeys to the rear as the land falls sharply to the north. The neighbouring semi-detached dwelling has a secondary frontage to Sylvaner Avenue.

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3.2. Locality

The site is located wholly within RPA 9, but sits at the policy area border with Residential Policy Area 29 – Skye and Auldana (RPA 29). The locality is defined by the sloping topography and other natural features of the foothills locality. The area is a low-density area with a variety of architectural styles and a mixture of dwelling types. Many of the dwellings are situated on elevated land and are orientated to overlook and take views across the Adelaide Plains. Dwellings within the area tend to have deep set-backs and generally have well vegetated front yards which are unfenced.


Kind: Merit

Reason: Development Act 1993, Section 35(5)

Applicant Appeal Opportunity: Yes



Reason: Not assigned a category therefore defaults to Category 3

Cut / Fill: N/A

Representations Received: Igor Zaporoshenko – 2 Sylvaner Avenue Auldana (wish to be heard)

Louis Vavaroutsos – 4 Sylvaner Avenue Auldana (Does not wish to be heard)

Anna Nardone - 19 Traminer Way (Does not wish to be heard)

Frank Nardone - 23 Traminer Way (Does not wish to be heard)

THDC Enterprise - 23 Traminer Way (Does not wish to be heard)

Vincenzo & Rosa Blefari - 21 Traminer Way (Does not wish to be heard)




6. AGENCY REFERRALS

No external or internal agency referrals were required for this application


7.1. Land Use


The development involves a single room addition to an existing dwelling within the Residential Zone;

The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan;

The Development Plan does not explicitly preclude multi-storey development; and

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If it can be demonstrated that the proposed development has no unreasonable external impacts, then consent could reasonably be expected



The Development Plan seeks to maintain the low density, open, residential and foothills character of the policy area. This is predominantly derived from dwellings in a variety of styles, which are typically split-level or multi-storeyed in nature. The land sits at the northern extremity of the Hills Face Zone Buffer, indicating development should also be sympathetic to, and not detract from the natural character of the Hills Face Zone through inappropriate siting, scale, design, landscaping, or external finishes and colours. The proposed addition has been designed with a modern form and appearance that contrasts yet compliments the architectural style of the existing dwelling and neighbouring semi-detached dwelling to the west. The modern style is compatible with the “variety of architectural styles” referenced in the policy area provisions, while the siting of the addition to the rear of the building and the reduced height relative to the existing ridgeline reduces its impact in the streetscape of Traminer Way. The addition is to be clad in dark, non-reflective materials and is not anticipated to detract from the character of the Hills Face Zone some 300 metres to the east.

The proposal effectively created a third level to the existing dwelling to taken advantage of the views across the Adelaide foothills, presenting as a two storey addition from the front but three storeys to the rear. This adds to the overall bulk and scale of the existing building through an increase in vertical profile, however it is not inconsistent within the streetscape derived from buildings of comparable bulk and scale. Although not meeting the ‘two storey’ limb of the Council Wide height guideline (CW PDC 163) the proposed addition and existing dwelling when measured from the lowest section of the dwelling to the highest point measures 8.9 metres and therefore satisfies the second quantitative limb of the guideline. Even though the proposed addition exceeds the maximum storey guideline it is clear that the intentions of the guidelines is it minimise external impacts to neighbouring properties in relation to bulk and scale. It is therefore noted that the proposals height, mass, and scale of the proposed building is similar to the predominant built form character in this locality and consistent with the policy area character due to the sloping topography of the given area. The proposal will only partially satisfy the side setback requirements (CW PDC 161) with the proposed addition meeting the minimum 4 metre setback to the eastern side of the site however being 0.9 metre off the western boundary not satisfying the guideline. Although the addition does not meet the recommended guideline the addition appears to have been sited in this manner to better complement the streetscape, given the semi-detached configuration of the building. The addition has been located to the centre of the site to help keep the relationship between the two semi-detached dwellings. The addition has also been positioned to limit the visual impact to 2 Sylvaner Avenue by siting the addition in a non-visually obtrusive location. In regards to overlooking, Council Wide PDC 22 recommends that development should minimise direct overlooking of habitable rooms and private open spaces of dwellings. In relation to the northern elevation of the proposed addition, the applicant has provided privacy screening to the window which consists of fins angled at 20 degrees to limit views

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out the proposed window. The applicant has also added a section of privacy screening to the western elevation of the given window to limit overlooking towards the open space areas at 2 Sylvaner Avenue. It is also noted that due to the existing sloping topography, there is already an inherent degree of overlooking within the locality. The applicant has also provided line of site diagrams showing the limited views from the addition into habitable room windows of the neighbouring properties are neither direct nor unreasonable, and can sufficiently be addressed with screening. At present, there is an existing balcony which is currently screened by mature vegetation limiting overlooking however if this vegetation was removed there would be a significant degree of overlooking into the northern and western neighbouring property. There are also views of the upper-level rear facing windows associated with 4 Sylvaner Avenue from the existing balcony. The Development Plan acknowledges that some degree of overlooking is anticipated, as affirmed by the Courts. In the context of the site and locality, the outcome of the proposed development and its effects on the privacy of adjoining properties is considered finely balanced and, on balance, appropriate.


RPA 9 states that the total floor area of buildings should not cover more than 33% of the site at ground level. This is an acknowledgement of the multi-storeyed form of dwellings predominant in the area and assists in maintaining the open residential and foothills character envisaged by the Development Plan.

Site coverage associated with the existing dwelling currently sits at approximately 35.2%, which is a minor increase from the 33% guideline. The proposal comprises a single room within the existing footprint and does not alter the existing situation in this respect. In terms of total floor area the proposal adds approximately 45 square metres to the existing floorplan, which is not considered excessive or out of character with the locality, despite exceeding the 50% guideline (65%).

The proposal is generally considered to satisfy the underlying objectives of Council Wide site coverage provisions, insofar as its setbacks relate appropriately to boundaries, the associated bulk and scale is considered appropriate within the locality associated external impacts are deemed to be within reason.

Vehicular access is to be maintained via the existing crossover sited in the south-eastern corner of the subject land which is to remain unaltered as part of the proposed development. The existing dwelling features four bedrooms and the proposed addition, while not intended to be used as a bedroom, could reasonably be used as a fifth bedroom. Given that the site includes as many as two undercover off-street parking spaces and space within the driveway for two more parks the development retains adequate space for car parking in accordance with Table Bur/5 of the Development Plan.


The application was determined to be a Category 3 development pursuant to Section 38 Clause 2(c) of the Act as the nature of development, namely a three storey dwelling, is not given a public notification category in either the Development Plan or the Development Regulations 2008.

During the notification period, Council received six (6) written submissions from the adjoining properties. The four representations received from neighbouring properties to the south, at 19, 21 and 23 Traminer Way (2 representations made at one residence) raised concerns regarding streetscape character, visual amenity, privacy and obstructing

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city views. The adjoining residents to the west and north at 2 & 4 Sylvaner Avenue raised concern regarding the building height, privacy, overlooking and streetscape character. The applicant has provided a written response and has amended the proposal by reducing the vertical height of the additions and extending the privacy screening around the northwest corner of the building. With respect to representations, the following response was provided:

There is a mixture of materials and styles located in the locality with no predominate style being noted;

The privacy screen has been increased to include a return around the window and will be angle as such to limit visibility. The concerns of overlooking the neighbouring properties front yards is not taken into considered within the development plan guidelines;

The concerns of overshadowing are mitigated due to the orientation of the structure casting the shadow onto the front yards of the given properties and way from the neighbouring properties private open space; and

The reduction in building height and the existing topography of these properties to the south being located on higher ground suggests that concerns of obstruction to views will be limited.

With respect to these concerns regarding the building height, privacy, overlooking and streetscape character as raised by the neighbour at 2 & 4 Sylvaner Avenue, the applicant provided the same response with the inclusion of additional details and increase in the provided privacy screening. The applicant has attempted to mitigate this concern by positioning the proposed addition to the rear of the site reducing its visibility, as well as by dropping the height of the addition to better sit behind the existing roof form. This has also helped reduce the visual impacts of the vertical profile of the building and reduced any intrusion on views and visual outlook external to the site. Full copies of representations and the applicant’s response to representations are included as attachments. The Administration is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development.

7.5. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0742\18, by Spectra Building Designers is granted Development Plan Consent subject to the following conditions:

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Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council. Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

2 The louvered privacy screen as depicted on the stamped and approved plans granted Development Plan Consent described as proposed northern & western elevation shall be installed prior to the occupation or use of the addition herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:


Advisory Notes

1 Expiration Time of Approval

Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.

2 Boundaries

It is recommended that as the Applicant is undertaking work on or near the boundary, the Applicant should ensure that the boundaries are clearly defined by a Licensed Surveyor, prior to the commencement of any building work.

3 Fences Act 1975

The Applicant is reminded of the requirements of the Fences Act 1975. Should the proposed works require the removal, alteration or repair of an existing boundary fence, a 'Notice of Intention' must be served to adjoining owners. Please contact the Legal Services Commission for further advice on 1300 366 424 or visit www.lsc.sa.gov.au

4 Noise

The emission of noise from the premises is subject to control under the Local Nuisance and Litter Control Act 2016 and the applicant (or person with the benefit of this consent) must comply with those requirements.

5 Construction near easements

It is noted that an easement exists adjacent the proposed development. Whilst an approval/consent has been issued under the Development Act, separate permission to carry out such work in proximity to the easement may be required from the owner of that

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easement. The applicant is advised to contact the owner of the easement to ensure potential requirements are adhered to.

Construction over easements

It is noted that the proposed development encroaches into an easement. Whilst an approval/consent has been issued under the Development Act, separate permission must be granted by the owner of that easement. The applicant is advised to contact the

owner of the easement before commencing work.

6 Encumbrance

The subject land has Encumbrances registered on the Certificate of Title. The person with benefit of this consent should be aware of all the obligations/limitations contained within that document. This authorisation is pursuant to the provisions of the Development Act 1993 and does not affect any rights or obligations which may otherwise arise under the relevant encumbrances or any other relevant legislation.


Nishanth Dasan Development Officer– Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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04 December 2018


APPENDIX 2


Summary of Policy Area Objectives and Principles

Primary Residential Policy Area 9 Objectives:

Objective 1: Enhancement of the low density, open, residential and foothills character that is derived from:

(a) the topographic and other natural features of the foothills location, and low density dwellings in a variety of architectural styles (typically, dwellings that are detached, medium to large in scale, and split-level or multi-storeyed);

(b) many dwellings on elevated land, orientated to take advantage of views across the Adelaide Plains; and (c) moderate to deep building set-backs, well vegetated and generally unfenced front gardens, and the

natural character of the adjoining Hills Face Zone. Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

(a) on land which, due to its elevation, gradient and aspect, is visible from the Adelaide plains or main public vantage points in the foothills;

(b) on land adjacent to the Hills Face Zone, or other open land where there may be significant risk of bushfire;

(c) on filled land near, and to the south east, of the terminus of Wyfield Street, and remnant native vegetation in its vicinity;

(d) within the “Penfold Estate” (generally east of Penfold Road and north of Kensington Road) located partly on the plains and where specific encumbrance provisions apply;

(e) on land with frontage to Penfold Road; and (f) adjacent to the Winery (Magill Estate) Zone.

Objective 2: Development designed and sited so that the appearance of the foothills visible from the Adelaide Plains is not impaired.

Subject: DP Ref

Assessment:

Desired Land Use

O 1 Satisfied.

The proposal seeks to do an addition to the existing residential dwelling and is therefore consistent with the desired residential use of the land.

The proposal will not significantly alter the existing appearance of the foothills visible from the Adelaide Plains.

Local Compatibility PDC 1

Satisfied.

The addition to an existing dwelling is consistent with the desired low density residential character.

The dwellings three storey form is consistent with bulk and scale of existing dwellings within the locality and therefore meets the objectives “medium-to-large” scale compatibility.

The design contributes to the desired character comprising a “variety of architectural styles”.

Site Areas and Frontages PDC 2–5

Satisfied.

Site Coverage PDC 6

Satisfied.

The existing building exceeds the policy area guideline for building footprint, but the proposed addition is centrally

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located within this existing footprint and as a result makes no change to the existing situation.

Building Set-backs PDC 7

Satisfied.

The policy area seeks a minimum 8m front setback guideline. The existing dwelling falls 2.2m short of this guideline, but the proposed addition is located to the rear of the existing dwelling and therefore the existing dwelling setback will not be altered.

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Summary of Residential Zone Objectives and Principles

Primary Residential Zone Objectives:

Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

Objective 4: Provision of residential and community facilities and services for the aged community.

Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

Objective 6: A zone accommodating non-residential activities which are small in scale, benign in external impact, and serve the needs of the local community.

Objective 7: Reduction of the impact of established non-residential uses on the amenity of residential areas.

Objective 8: Use of design, management and other techniques to improve all aspects of the environmental performance of development.

Subject:

DP Ref

Assessment:

Zoning and Land Use

O 1–8 PDC 1

Satisfied.

Refer to Policy Area comments. Building Appearance PDC 2–4

Partial Variance

The proposed addition is of a considerable scale and bulk in relation to the existing dwelling however it is considered appropriate in relation to other dwellings located within the locality.

Design for Topography PDC 5–6

Satisfied

The dwelling addition is located above the existing dwelling and therefore no new excavation or filling will be conducted which will alter the existing topography.

Hills face Zone Buffer PDC 10

Satisfied

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Objective 55: Safe, pleasant, accessible and convenient residential areas.


Objective 57: Medium and high density residential development in areas close to activity centres, public and community transport and public open spaces.

Objective 58: The revitalisation of residential areas to support the viability of community services and infrastructure.

Objective 59: Affordable housing, student housing and housing for aged persons provided in appropriate locations.

Objective 60: Increased affordable housing opportunities through land division and the conversion of buildings to a residential use.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 52–60

Satisfied.

Refer to Policy Area comments. Design and Appearance O 11 PDC 14–18, 23-28

Partial Variance

The appearance of the dwelling addition does not relate to the existing dwelling and looks like a separate element. Although the addition does not relate to the existing dwelling, there is a mixture of architectural styles within the locality, therefore, making the additions appropriate within the locality.

Building Set-backs PDC 161–163 Front Set-backs

Satisfied. Side Set-backs

Partially satisfied.

The proposed addition will be set back from the eastern side boundary well in excess of the 4 metre guideline.

The proposed addition will be set back only 0.9 metre from the western side boundary, which conflicts with the guideline.

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The addition appears to have been sited in this manner to better complement the streetscape, given the semi-detached configuration of the building.

This is an acceptable approach considering the relationship between the two dwellings and the limited visual impact to 2 Sylvaner Avenue derived from the siting of the addition in a non-visually obtrusive area.

Rear Set-backs

Satisfied. Building Height PDC 164

Variance

In relation to the proposed 3-storey design, the Development Plan seeks a maximum of 2 storey for residential dwellings. The proposed addition will create a 3rd level above the existing 2 storey dwelling being contrary to the Development Plan Guidelines. Although the development does not meet this recommendation the proposed addition comfortably fits into the maximum height guideline of 9 metres. Therefore the guidelines overall intent to reduce impacts such as loss of visual amenity and overshadowing have been achieved by the limited height.

Site Coverage PDC 165

Partial Variance.

The total floor area of the existing dwelling currently sits at approximately 58% of the area of the site.

The proposed addition is limited in area (45.5 square metres) and increases the total floor area to approximately 65%.

The external impacts are limited in scale, do not alter the existing footprint or degree of open space across the site.

The existing residence retains sufficient parking provisions to avoid on-street congestion and sustain building capacity.

Private Open Space PDC 166, 169

Satisfied.

The development provides for sufficient private open space that achieves the qualitative and quantitative guidelines of CW PDC 166.

Privacy PDC 22, 174–176

Northern Rear

Satisfied.

The proposal includes privacy screening in the form of fixed louvers to the additions northern window. This will therefore limit visibility into the neighbouring property as shown by the line of sight diagram.

The locality has an inherent degree of overlooking with the existing dwelling having a balcony facing the northern neighbouring property. If the existing mature vegetation was to be removed the site would have views into the private open space and upper level windows of the northern neighbouring property.

Western Side

Satisfied.

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The proposal includes privacy screening in the form of fixed louvers to a 1 metre section of the western window. This will therefore limit visibility into the neighbouring property private open space as shown by the line of sight diagram.

The impacts of overlooking the neighbouring properties front yard is not considered a concern as the Development Plan guidelines does not speak of privacy concerns relating to front yards.

The locality has an inherent degree of overlooking with the existing dwelling having a balcony facing the north-western neighbouring properties. If the existing mature vegetation from site was to be removed the site would have views into the private open space of the western neighbouring property.

Access and On-Site Car Parking

PDC 177–182

Satisfied.

The existing dwelling contains off-street parking provisions for up to four vehicles, which exceeds DP guidelines.


Satisfied

Due to the current orientation of the dwelling the proposed addition will be located on a north – south axis and therefore the projected impacts of overshadowing will generally be cast onto the site itself or onto the neighbouring properties front yard.

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Site Characteristics Dwelling 1 Guideline

Site Area 687m² (average) 750m2

Street Frontage 22.4m 20m

Design Characteristics Guideline

Site Coverage

- Buildings only 242m² 35.2%

33%

- Buildings and driveways 50%

- Total floor area 447m² 65%

50%

Building Height


- metres 8.9m (from lowest natural ground level beneath the building footprint)

9m

Set-backs

Lower Level


- side boundary 2.7m (e) 0m (w)

1.5m

- rear boundary 5.6 4m

Ground Level


- side boundary 5.2m (e) 0m (w)

4m


Upper Level (3rd storey)

- front boundary 11m 6m

- side boundary 13m (e) 0.9m (w)

4m


Private Open Space

- percentage 248m² (55%)

50%

- dimensions 3m x 12m 2.5m x 2.5m


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43


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Applicant: R D'Andrea

Location: 14 Thorpe Road, Burnside

Proposal: Amendment to 180\0902\17 - Retaining walls


Residential Policy Area 17 - Ferguson




One (1) representations received

Appeal Opportunity Applicant and third party appeal right


Referrals – Non Statutory: Technical Officer - Engineering




REPORT CONTENTS

Assessment report:








Internal referral responses

Photographs

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The applicant is seeking retrospective approval for the construction of retaining walls exceeding the height detailed under a previous application approved by Council, Development Application (DA) 180\0902\17. As construction has commenced on site the applicant is seeking approval for the retaining walls as they have now been constructed, specifically:

An increase to the maximum height of the approved retaining wall on the eastern side boundary associated with Dwelling 1 from 2.5m to 3.6m;

An increase to the maximum height of the approved retaining wall on the rear portion of the eastern side boundary associated with Dwelling 1 from 700mm to 1.6m;

The construction of a new retaining wall on the south-western rear boundary associated with Dwelling 1 to a height of 1.6m (to replace previous existing timber retaining wall 1.6 metres in height);

An increase to the maximum height of the approved retaining wall on the western rear boundary associated with Dwelling 2 from 1m to 2m; and

An increase to the maximum height of the approved retaining wall on the north-western side boundary associated with Dwelling 2 from 1m to 2m, as well as the relocation of a 12.8 metre length of this retaining wall to now sit 1 metre inside the subject land instead of on the boundary.

All other aspects of the development are to remain as approved by DA 180\0902\17, specifically the finished floor levels, building designs and fencing are not to be altered.

2. BACKGROUND

There are four development applications previously assessed and approved by Council that bear relevance to the current proposal, namely:

DA 180\0902\17 – Demolition of existing dwelling and construction of one single storey dwelling, one two storey dwelling, in-ground pool and safety fencing, retaining walls and fencing;

DA 180\0022\18 – Land division creating two allotments from one existing;

DA 180\0067\18 – Demolition of existing dwelling; and

DA 180\0493\18 – Variation to DA 180\0902\17 decreasing front setback and change to front elevation window.

The most relevant of these, DA 180\0902\17, was processed on merit as a Category 2 development and considered and approved by the (then) Development Assessment Panel on 05 December 2017. This approval set the finished floor levels of the two dwellings and included the series of concrete sleeper retaining walls along side and rear boundaries of the subject land the applicant now seeks to amend. Commencement of preparatory earthworks and benching of the site has since occurred and the retaining walls have been constructed in a manner that is inconsistent with the approved plans. Council has been advised that design of the retaining walls was altered in response to a perceived safety risk relating to the slope of the land to the northwest of Dwelling 2, as well as a desire to minimise the potential for erosion and improve stormwater management on site. As a result of compliance action taken by Council, the applicant is now seeking retrospective consent for the works as constructed through the current application, DA 180\0679\18, which was lodged on 12 July 2018 by Rick D’Andrea of D’Andrea and Associates, on behalf of the registered owner of the land. The current application was determined to be assessed on merit, pursuant to Section 35(5) of the Development Act 1993 (the Act). Retaining walls are not assigned a public notification

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category under the Burnside (City) Development Plan or the Development Regulations 2008

(the Regulations) and could not be considered Category 1 pursuant to the ‘minor development’ clause in the Regulations, so the application was determined to be Category 3 for the purposes of public notification. As part of the assessment, planning staff met on site with the applicant and raised the question of whether the design could be amended to incorporate a series of terraced levels to break up the scale and visual massing of the retaining walls, particularly at the north-western corner of the site, however this was deemed not to be a viable option by the applicant on account of spatial constraints. The application was made available for public viewing for a period of two weeks, during which time one (1) representation was received expressing varying degrees of concern in relation to the proposed development. A copy of the submission was forwarded to the applicant, who in turn provided a written response prepared by Masterplan. The representation is discussed in detail under section 7.3 of this report. Pursuant to Council’s Delegation Policy, the application is now presented to the Panel for consideration as a Category 3 development with unresolved representations and a staff recommendation of approval, subject to conditions.


3.1. Subject Land

The subject land is located wholly within Residential Policy Area 17 – Ferguson and adjoins the Hills Face Zone to south-east, which is situated within Adelaide Hills Council. The subject land is an irregular shaped allotment located at the south-eastern end of the Thorpe Road cul-de-sac, in the suburb of Burnside. The land has an overall approximate site area of 1499m², a frontage width to the street of 41.6m and a depth ranging 51.7m to 18.1m. The land is currently vacant and undergoing site preparation works to accommodate the dwellings approved under DA 180\0902\17.

3.2. Locality

The locality is contained within Residential Policy Area 17 – Ferguson and comprises land bordered by the northern side of Greenhill Road and the southern side of Michael Perry Reserve, with the Hills Face Zone adjoining to the north-east and south-east.

Land within Residential Policy Area 17 is solely residential, noting the Hills Face Zone boundary to the north-east and south-east, of which includes the Boral site approximately 600m north-east of the subject land. The pattern of division immediately north-west of the Hills Face boundary comprises irregular shaped, medium to large sized allotments, characteristic of the undulating terrain. Allotments become more uniform in shape as they encroach closer to Greenhill Road, also comprising a more varied dwelling type.

The locality is characterised by development stepped down the street, corresponding to the fall of the land, which is reflective of the steep and varied topographical features and natural landscape character. Dwellings are, where possible, oriented to achieve views to the Adelaide Plains.


Kind: Merit

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Reason: Development Act 1993, Section 38(2)(c)

Representations Received: Maria Capriulo – 10 Thorpe Road Burnside (wish to be heard)




6. AGENCY REFERRALS



7.1. Land Use


The subject land is located within the Residential Zone and is utilised for residential purposes;

The development seeks to vary retaining walls as previously granted consent on the subject land;

The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan; and

If it can be demonstrated that the proposed development is not unreasonable in terms of external impacts, then consent could reasonably be expected.



The proposal seeks to increase the height of retaining walls by 1m – 1.2m, at various locations along the boundaries of the subject land. The largest of the retaining walls, that positioned along the eastern boundary adjacent Dwelling 1, retains site excavation and is not of primary concern from a visual amenity perspective. Those walls retaining fill, however, are more visually prominent from neighbouring properties and have greater potential to adversely impact those properties.

Residential Policy Area 17 – Ferguson is silent on matters relating to retaining walls and earthworks specifically, however speaks to the maintenance and enhancement of the low density residential character and well-vegetated streetscape character. Retaining walls are an evident feature of the locality and typically constructed of timber sleepers, stone, moss rock and brick, or are built in features of existing buildings, presenting as exposed walls beneath the building floor level. It is also an apparent feature within the locality that buildings are stepped and sited at varied levels, subjectively following the topography of the landscape. Accordingly, the height and location of the retaining walls may not be out of character in this local setting if their external impacts are contained within reason.

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The extent of the wall retaining cut land to the east of Dwelling 1 (increased from maximum 2.5m to maximum 3.6m) and to the rear portion of the eastern side boundary adjacent the existing swimming pool (increased from 700mm to 1.6m) will have minimal visual impact beyond the subject land once construction of the dwellings is completed. The presence of Dwelling 1 will screen the visual impact of the eastern wall with the visual impact being borne by the occupants, while the extent of the new retaining wall along the rear boundary replaces an existing 1.6m high timber sleeper wall and resembles a visual impact comparable to the previous/existing situation. This retaining wall is also screened by existing vegetation on the neighbouring land and its presence lessened by the difference in site levels between the subject land and those properties fronting Greenhill Road, which sit considerably lower.

The retaining wall located on the northern and north-western boundaries adjacent Dwelling 2 present the deepest degree of visual impact being of greatest overall height and visual prominance when viewed from the neighbouring land at 10 Thorpe Road. Whilst the Development Plan seeks to minimise the need for, and height of, retaining walls and the proposed development clearly defies this provision, it is acknowledged that the dramatic difference in site levels has been a longstanding characteristic of the relationship between the subject land and adjoining land at 10 Thorpe Road. The original proposal and design may have been overzealous, with the 1m high proposed retaining walls under DA 180\00902\18 being deemed insufficient by the applicant’s engineer, prompting the applicant to increase their height.

The most visually prominent section of these retaining walls, that being the 12.8 metre length on the western rear boundary has now been set back 1m from the boundary adjoining the representor’s land, enabling landscaping to be established within the subject land to screen the structure and soften its visual impact. The landscaping proposed is ‘Viburnum lucidum’ which is an evergreen hedge with a growth size of 3m in height and 3m in spread. The applicant also intends to paint the retaining walls in a natural charcoal colour to assist in their receding further within the natural landscape.

The proposal also includes a line of screen plantings adjacent the northwest boundary but located on the neighbours property. Whilst Council cannot enforce or control such plantings on adjacent land, it is noted that the representor has indicated support for establishing vegetation adjacent the boundary line to screen the walls. Regardless of any agreement between the parties, this section of the structure will sit adjacent the neighbour’s driveway and be partially screened by existing landscaping on the neighbour’s land, thereby assuming a reduced and acceptable level of impact on the visual and environmental amenity of the representor’s property.

7.3. Site Functionality/Agency Referral

Stormwater runoff has been raised as an issue by the representor. As previously acknowledged, the dramatic difference in site levels is a longstanding topographical feature of the relationship between 10 and 14 Thorpe Road. Council’s Technical Officer has reviewed the previous and current proposal from the perspective of engineering and stormwater management and confirmed that so long as the rear yard surfaces adjacent the proposed retaining walls remain pervious, stormwater will generally be retained on site via seepage. In the event of a storm event surface runoff may cascade over the retaining walls into the landscaped areas, however this is not necessarily different to the previous site situation where the water would have run down the slope, instead of over a wall.

As with the previous approved scheme, the redevelopment of the site may in fact present an improved outcome from a stormwater runoff perspective, as the footprint of the

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previous dwelling on the land was much smaller, whereas in this case a greater degree of stormwater descending onto the site will be captured by the sealed roof drainage system and discharged to the street, leaving a smaller amount of land to absorb surface water runoff.

The applicant has provided an indicative drainage plan which demonstrates surface water being captured within a sump at the lowest point within the rear yard, and pumped out to the street to prevent the flow of surface water over the boundary and retaining walls in a normal rainfall event.


Pursuant to Section 38(2)(c) of the Act, the application was made available for public inspection over a period of two weeks, in which time one (1) representation was received from the adjoining property at 10 Thorpe Road Burnside. The extent of concerns raised is summarised as follows:

The construction works as conducted to date has not been in keeping with the intent and/or requirements of the Development Plan;

The retaining walls as currently constructed are substantially higher than was previously considered by Council, and as such adversely impact on our property and the intentions of Residential Policy Area 17;

The retaining walls are a different colour and texture than those previously considered by Council and therefore provide a stark visual impact to not only our property but to the hills face;

The walls are obviously higher than one (1) metre and we have serious, reasonable and self-apparent concerns that these and the materials they restrain have not been adequately engineered and/or designed, not having taken into consideration the following (non-exhaustive) matters:

o The height of the wall; o The nature, height and quantity of materials being restrained; o The loadings on these restrained materials imposed by subsequent

structures; o The methods of construction employed in relation to these walls; o The long term stability and safety of these non-engineered structures; o The disregard of persons performing and/or in control of the construction

activities; o Lack of understanding that if a retaining wall is only back filled to one metre

in height, ours is only exposed one metre on the face that it may indeed be a structure taller than one metre that requires appropriate engineering;

The drainage requirements of the retaining walls has not been appropriately or adequately assessed or employed; and

The visual impact and aesthetics of the retaining walls has been disregarded throughout all phases of approval and construction, and little regard has been given to constructing retaining walls that are in keeping with the integrity of the original design.

The applicant provided a written response to the representation prepared by Masterplan, together with other supporting materials. The response to concerns raised is summarised as follows:

The proposed variation is a result of the engineer identifying the need to reduce the slope of the land toward the north-west boundary in order to reduce the risk of erosion and improve stormwater management across the site.

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FEE Civil constructed the retaining walls in accordance with Council standards and relevant engineering standards as supported by the letter provided by FEE Civil (attachment);

Note that the engineering of the retaining walls is not a planning matter considered by the Development Plan, but to be dealt with under the Building Rules Consent;

The applicant confirms that the retaining walls will be painted in a natural charcoal colour in accordance with the original planning consent.

GP & Sons Demolition who undertook the demolition work confirm with evidence that no contaminated soils or soils containing asbestos were used to backfill the retaining walls. The associated soil results and clearance documentation is provided (attachment);

The applicant consulted with the adjoining owners (10 Thorpe Road) regarding boundary conditions and treatments so as to minimise the impact on visual amenity, retain moss rocks and facilitate landscaping to screen the walls. Upon agreement, the retaining wall was setback 1m to a portion of the western boundary to facilitate space for the establishment of a hedge on mutual agreement; and

Appropriate drainage within the landscaping at the top of the retaining wall will be installed prior to the completion of the development.

The applicant reiterates that the visual impact of the retaining walls has been a relevant consideration, in balance with addressing other relevant considerations at the boundary interface between the properties.

7.5. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0679\18, by R D'Andrea is granted Development Plan Consent subject to the following conditions:

Conditions

1

The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:


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2

3

The selected vegetation identified as the ‘Viburnum lucidum’ (Laurustinus hedge) shall

be established in accordance with the stamped plan titled ‘Site 1 Floor Plans – Sheet number 000 Revision 1’ prepared by D’Andrea and Associates dated 8/8/2018, granted Development Plan Consent, within three (3) months of the substantial commencement of development, and in any event, prior to the use or occupation of the development. The ‘Viburnum lucidum’ (Laurustinus hedge) shall be planted at a minimum height of

1500mm, and established at 1400mm centres so as to form an evergreen screening device forward of the retaining wall, as delineated on the stamped plan titled ‘Site 1 Floor Plans – Sheet number 000 Revision 1’ prepared by D’Andrea and Associates dated 8/8/2018, granted Development Plan Consent. The ‘Viburnum lucidum’ (Laurustinus hedge) shall be maintained in good health and

condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings

through the provision of landscaping as part of the development.

The retaining walls shall be paint treated and finished in a charcoal (or similar) colour. Reason:

To ensure a high standard of finishes are used to minimise impact on the amenity of the locality.

Advisory Notes

1 Previous Consent

The applicant should be aware that the conditions of approval and advices issued with the previous consent (180\0902\17 and 180\0493\18) where relevant remain valid and should be complied with.



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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Residential Policy Area 17 Objectives: Objective 1: Maintenance and enhancement of a low density, well-vegetated residential character that is derived particularly from:

(a) detached, post-war dwellings, in a variety of architectural styles; the topographic and other natural features of the foothills location, including stands of indigenous and other taller trees covering a large part of the Policy Area;

(b) moderate to deep building set-backs from streets; (c) open, well-vegetated, front gardens; (d) in some localities, predominantly split-level or two-storeyed dwellings which, by retaining open space of

sufficient size and location, promote the conservation of trees (as well as being visually compatible with their height).

Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be maintained and enhanced, are found:

(a) in the natural vegetation and features of Ferguson Conservation Park and local reserves; (b) in the vicinity of Stonyfell/Greenhill Quarry and the Stonyfell winery complex, where residential amenity

may, respectively, be affected by the existing extractive industries and adjacent activities; (c) in the area generally to the south of Heatherbank Terrace and east of Hallett Road, where various

encumbrance or land management agreement provisions apply; (d) on land adjacent to the Hills Face Zone, where there may be significant risk of bushfire; (e) on land with frontage to Greenhill Road; and (f) adjacent to the Local Centre Zone.

Objective 2: Protection and enhancement of trees, and the natural features and open character of creeks, Ferguson Conservation Park, and local reserves.

Subject: DP Ref

Assessment:

Desired Land Use

O 1 Satisfied.

The proposed development does not change the established and ongoing residential use of the land.

Local Compatibility

PDC 1-3 Satisfied.

The retaining walls located to the western side boundary of Dwelling 2 are partially visible from the street, however once painted in a dark charcoal colour, will have a less stark appearance, and are partially screened by existing vegetation.

Substantial retaining walls are an inherent feature of the locality, evidently visible on Thorpe Road, Gandys Gully Road and Greenhill Road, within the locality.

Hills Face Zone Buffer PDC 4

Partially Satisfied.

The subject land is not prominently visible from the Adelaide Plains or any significant public vantage points in the foothills, and as such the location of the retaining walls will have a negligible impact on the Adelaide Plains.

The proposed retaining walls are not designed to reduce visual bulk, and do present as a substantial expanse of stark walling to adjoining properties.

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The site is considered stable insofar as practical from a planning perspective, and is further addressed by qualified engineers at the building rules stage of the approval.

The proposed retaining walls are to be painted in a charcoal colour to remediate and avoid the stark visual impact of the current colour finish.

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Subject:

DP Ref

Assessment:

Zoning and Land Use O 1–8 PDC 1

Satisfied.



The finished levels associated with the previously approved dwellings were considered compatible with the landform, given the development to maintained floor levels comparable to the previous dwelling on the site

The proposed retaining walls are considered necessary to accommodate a stable building site, and minimise erosion.

The proposed retaining walls are substantial in height, and present with a considerable degree of visual bulk.

Hills Face Zone Buffer PDC 10


The retaining walls are proposed to be finished in a dark charcoal colour to not detract from the natural features of the locality.

The scale of the proposed retaining walls do not have a substantial visual impact on the Hills Face or the streetscape.

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Subject: DP Ref

Assessment:

Zoning and Land Use


Amenity O11, 20–22 PDC 14–18, 52-69, 170-173


The proposed development is not considered to exacerbate or create any new amenity impacts in regards to stormwater and surface water runoff to adjoining properties.

The appearance of the proposed retaining walls is considered to be reasonably addressed through existing and proposed landscaping to screen and minimise visual impact and visual obtrusiveness.

Fences and Retaining Walls

PDC 190–194 Partially Satisfied.

The proposed retaining walls are of a reasonable height as they approach the road frontage which reduces visual impact on the streetscape.

The proposed retaining walls are of a substantial scale which does not reduce visual impact on adjoining sites, and relies on the establishment of landscaping to minimise impact.

The proposed retaining walls are to be painted in a charcoal colour so as to better blend in with the natural features of the locality.

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Applicant: Ms L Hargraves

Location: 5 Yeronga Avenue, Kensington Park

Proposal: Demolition of existing dwelling and ancillary structures and construction of a two-storey detached dwelling including garage, verandah and alfresco


Residential Policy Area 2 - Northern




One (1) representations received

Appeal Opportunity Applicant only, no third party appeal rights


Referrals – Non Statutory: Traffic Management Engineer

Open Space Officer




REPORT CONTENTS

Assessment report:










Photographs

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The applicant seeks Development Plan Consent for the demolition of the existing dwelling and ancillary structures, and the construction of a new two-storey detached dwelling, including garage, verandah and rear alfresco. The ground level of the building will comprise a double garage, front verandah, main bedroom with ensuite and walk in robe, wc, laundry, store room, open plan living areas, retreat and alfresco. The upper level will comprise four bedrooms (three including walk in robes), bathroom and wc.

2. BACKGROUND

Development Application 180\0535\18 was lodged on 6 June 2018 by Heritage Building Group on behalf of the registered owners of the land. The application was determined to be a merit form of development, pursuant to Section 35(5) of the Development Act 1993. For the purposes of public notification, the application is assigned to Category 2, as prescribed by Residential Policy Area 2 – Northern, Principle of Development Control 7 of the Burnside (City) Development Plan. The application was made available for public viewing for a period of ten (10) business days, during which time Council received one (1) representation from the southern adjoining neighbour identifying concerns relating to the two-storey built form and vertical profile, overshadowing to solar panels and existing vegetable garden adjacent the shared boundary and overlooking from upper level windows.

As part of the assessment process, the application was also referred to Council’s Technical Officer – Engineering and Open Space team in relation to the suitability of access, stormwater management and impacts to Council assets. An assessment against the relevant provisions of the Development Plan has now been completed and the application is presented to the Council Assessment Panel (the Panel) with a staff recommendation that consent be granted, subject to conditions.


3.1. Subject Land

The subject land is an existing rectangular shaped allotment with an east-west orientation fronting Yeronga Avenue in the suburb of Kensington Park. The land has a site area of 585m², a frontage of 15.24m and a depth of 38.41m.

The land experiences a mild back fall from east to west, of approximately 400mm. The land is currently occupied by a 1950’s single-storey conventional style dwelling and ancillary structures. There is a non-regulated tree located in the rear south-western corner of the site.

3.2. Locality

The locality comprises properties on the east and west sides of Yeronga Avenue and the eastern side of Corinda Avenue, bound by Magill Road to the north and properties 15 and 18 Yeronga Avenue, and 16 Corinda Avenue to the south. The locality also includes properties on the southern side of Magill Road, being those properties at 358 to 370 Magill Road.

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The locality comprises the Residential Zone, and more specifically Residential Policy Area 2 – Northern, and the Local Business Zone. Properties with frontage to Magill Road comprise commercial businesses, with the exception of a residential flat building at 358 Magill Road. Properties within the Residential Zone are exclusively residential, and generally comprise low scale single-storey detached dwellings, within an intimate streetscape and consistent avenue of street trees.


Kind: Merit





Reason: Residential Policy Area 2, Principle of Development Control 7

Representations Received: Grace Lee & Aik Heng (submitted x2 representations) – 7 Yeronga Avenue, Kensington Park (wish to be heard)

Third Party Appeal Opportunity: No



6. AGENCY REFERRALS



7.1. Land Use


The subject land is located within the Residential Zone and is currently utilised for residential purposes;

The proposal seeks to replace an existing single-storey dwelling with a new two-storey dwelling;


The Development Plan does not explicitly preclude two-storey development; and

If it can be demonstrated that the proposed development has no unreasonable external impacts, then consent could reasonably be expected.



Residential Policy Area 2 – Northern seeks the maintenance and enhancement of a residential character that is derived particularly from dwellings of low-scale and low to medium density, widely varied in age but predominantly of the interwar and post-war periods; and single-storeyed, detached dwellings and semi-detached dwellings,

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moderately setback from road boundaries and similar in scale, that are the dominant built form features in most streetscapes. The proposed building presents to the streetscape as a single storey building profile, being designed to contain the upper level within the roof space with dormer windows to the side and rear elevations. Whilst having a higher roof pitch and external wall heights than adjoining buildings, the proposed development appears to still sit comfortably within the streetscape, as demonstrated by the streetscape elevation. It is also acknowledged that the policy area envisages dwellings of varied styles, and the overall height of the proposed building protrudes an additional 1.7m higher than adjacent single storey dwellings, which is reasonably proportionate to the scale of established development within the streetscape. The development includes a boundary wall to the northern boundary, associated with the garage, which will measure 6.6m in length and 4m in height. Noting the height discrepancy on boundary, the outcome is such that it is not considered to unreasonably impact the adjoining property at 3 Yeronga Avenue in terms of access to sunlight due to orientation. With respect to visual impact, the boundary wall is located adjacent a low use area associated with the property, and the outlook from windows on the southern elevation would be indifferent if the wall were to be proposed at 3m in height, due to the setback and eave overhang of the dwelling at 3 Yeronga Avenue. The representation received from the southern adjoining neighbours at 7 Yeronga Avenue raise strong concern regarding overshadowing impacts to an existing vegetable patch located adjacent the shared boundary and existing fence, as well as loss of solar access to existing solar panels on the northern and western roof form of the dwelling at 5 Yeronga Avenue. In considering overshadowing impacts, the built form and siting of the building, it is noted that the Burnside (City) Development Plan generally seeks side boundary setbacks of 1.5m, however where a wall height is between 3m – 6m in height, the setback should increase to 2m, as sought by Council Wide Principle of Development Control 161(d)(ii). The southern side boundary setback is proposed at 1.21m, where the wall height extends to 4m. Additionally, the policy area does not preclude two-storey development. The vegetable patch is located adjacent to the fence line, which overshadows the area at present. Additionally, the shadow diagrams provided by Abela Design demonstrate that the solar panel system is not unreasonably restricted from solar access, where the north facing panels are indicated to maintain full access. Acknowledging the departure to the southern side setback and external wall height, it is considered that if the building were setback the additional 0.79m from this boundary, the extent of shadow would have an indifferent outcome, as the fence would already overshadow the subject area. With respect to north-facing habitable rooms associated with 5 Yeronga Avenue, the shadow diagrams demonstrate that the development would restrict solar access, therefore failing to satisfy Council Wide Principle of Development Control 183(a). Given the allotments along Yeronga Avenue have an east-west orientation, it is reasonably expected that north-facing windows would be compromised by new development on northern-most allotments. Visually, the building is not considered unreasonably excessive in terms of bulk and scale, and whilst presenting with 4m external wall heights, the southern side in particular, sits lower than the adjoining land, reducing the vertical profile, and is partially obscured by the existing garage on boundary to the south. The southern elevation of the proposed building does however sit adjacent to the southern neighbours living areas, which would have an amenity impact on outlook. It is noted that there are a number of bungalows within the streetscape, which have external wall heights for single storey dwellings that extend to 5m

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04 December 2018


in height, due to the gable end side elevations, with similar side boundary set back dimensions.


The proposed building footprint is typical of development within the locality. Whilst falling short of the typical 1.5m setback, and in this case the prescribed 2m side boundary setbacks with respect to wall heights, the siting of the building is relatively consistent with the pattern of space around buildings as observed within the streetscape, where buildings are typically seen closer to side boundaries than what is quantitatively set in the Development Plan, particularly with later developments presenting side setbacks of as low as 900mm, resulting in a more intimate streetscape, except where open driveways are set to the side of older developments. The proposed building footprint and layout is considered to adhere to the quantitative guidelines for residential development, notwithstanding a minor discrepancy with site coverage. The footprint together with the proposed upper level results in a total floor area some 13.2% more than the prescribed 50%. Given the built form outcome, being an in roof upper level design, the total floor area has minimal resultant impact, as the shadow is a result of the roof pitch and height. The development accommodates sufficient off-street car parking according with Council Wide Principle of Development Control 181. Council’s Arborist has expressed a requirement for a 1.7m set-back to the adjacent street tree, which has been demonstrated on amended site plans.


The application was determined to be a Category 2 development pursuant to Residential Policy Area 2, Principle of Development Control 7. During the notification period, Council received one (1) written submission from the adjoining properties directly south of the subject land, raising the following concerns:

Concern regarding the height of the building and the two-storey nature of the building;

Concern regarding overshadowing impacts from the proposed building over existing solar panels on the north and west elevations of 7 Yeronga Avenue;

Concern regarding overshadowing and access to sunlight to existing vegetable garden;

Concern regarding overlooking from upper level windows; and

Query regarding whether the existing tree in the rear is being retained.

The applicant responded to the representations, insofar as:

The shadow diagrams demonstrate that solar panels will be in direct sunlight during all daylight hours on the winter solstice;

More than 50% of the rear yard associated with 7 Yeronga Avenue will be receive sunlight for more than 2 hours per day, satisfying the Burnside (City) Development Plan; and

Existing tree to be retained at this stage.

Full copies of representations and the applicant’s response to representations are included as attachments.

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04 December 2018



The application was referred to Council’s Technical Officer and Open Space team. Standard comments were received from the Technical Officer. Council’s Arborist requires a 1.7m set-back to the adjacent street trees, which is achievable by tapering the crossover and driveway to the north.

7.6. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0535\18, by Ms L Hargraves, is granted Development Plan

Consent subject to the following conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:


2

3

All side and rear upper level windows as depicted on the stamped and approved plans granted Development Plan Consent shall be fitted with fixed and obscured glazing to a minimum height of 1.6m above the finished floor level. The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties. The approved works may not commence until such time as the applicant has secured written authorisation for the construction of the new driveway crossover from the Council pursuant to Section 221 of the Local Government Act 1999. Reason: To ensure the applicant has secured all relevant consents/authorisations required prior to the commencement of development.

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04 December 2018


Advisory Notes

1 Engineering Requirements: Street Trees

The proposed crossover requires a setback of 1.7m from the two adjacent street trees.

No issue with the existing crossover location.

Both Street trees to be protected during development with bunting set 1.5m from trunk for duration of works.

Crossover to be constructed using Permeable materials.

No storing of materials on road verge during construction.

No pruning of street trees.

No vehicles on road verge at any time during development.

The applicant will be liable for any damage caused to public trees during the development process, including damage by privately engaged contractors.

Driveway Conditions:


The existing portion of driveway/gutter crossing must be removed and reinstated to kerb upon completion of the proposed gutter crossing.



Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.


Due to the increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:



o The maximum rate of discharge from the site shall be equal to the volume of

water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that:

o An additional detention storage of 1,000Ltrs be provided in addition to the

standard 1,000Ltrs retention tank provided; and

o The development utilises permeable paving for the proposed external paving

work within the development site.

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04 December 2018



The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.


Excess stormwater runoff from the roof catchment shall be discharged to the street water table through a sealed system to the satisfaction of the Council.



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04 December 2018


APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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04 December 2018


APPENDIX 2



Primary Residential Policy Area 2 Objectives: Objective 1: Maintenance and enhancement of a residential character that is derived particularly from:

(a) dwellings of low-scale and low to medium density, widely varied in age but predominantly of the interwar and post-war periods; and

(b) single-storeyed, detached dwellings and semi-detached dwellings, moderately set-back from road boundaries and similar in scale, that are the dominant built-form features in most streetscapes.

Acknowledged significant variations from the predominant, desired character, forming, nevertheless, part of the character that is to be maintained and enhanced, are found:

(a) in an area of recent housing south of Lossie Street, west of Toowong Avenue and north of Beulah Road; and

(b) on land with frontage to Magill Road and to Glynburn Road; and (c) adjacent to the Local Business Zone, the Local Centre Zone and the Community Zone.

Subject:

DP Ref

Assessment:


Satisfied.

The proposal seeks to continue the established and desired residential use of the land.


Satisfied.

The proposed dwelling proposes an upper level within the roof space, where the dwelling presents as a single-storey building to the streetscape, contributing to the maintenance and enhancement of the low scale residential character derived from single-storey detached dwellings.

The proposed built form complements the scale, bulk and siting of existing dwellings within the streetscape.


Satisfied.

Private Open Space PDC 5

Satisfied.

The area of private open space to the rear of the proposed dwelling is capable of containing a rectangle measuring four by six metres.

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04 December 2018








Objective 8: Use of design, management and other techniques to improve all aspects of the environmental performance of development.

Subject:

DP Ref

Assessment:


Satisfied.

Building Appearance PDC 2–4

Satisfied.

The proposed building is appropriately set back from the front property boundary so as to align with established buildings either side.

The dwelling is designed to have an in-roof upper level which minimises bulk and scale associated with the proposed building and contributes positively to the intent of Objective 1 of RPA 2.

The proposed building has an overall scale and proportions that is compatible with existing dwellings, due to its concealed upper level and sympathetic material palette.

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04 December 2018










Subject: DP Ref

Assessment:

Zoning and Land Use



Satisfied.

Side Set-backs Variance.

At ground level, the southern side of the building is setback 1.21m and the northern side beyond the garage is setback 1m. The southern side setback retains sufficient space around the building to contribute to the established pattern of development within the streetscape. The proposed setback distances are considered sufficient in providing space for amenity buffers.

The upper level side setbacks are measured from the outer wall of the dormer windows which project closer to the side edges of the building, at 1.8m. The dormer windows are do not result in bulk and scale impacts that would be experienced if a more typical two-storey external wall was to be set back 1.8m from a side boundary. In terms of impact, the dormer windows do not result in any exacerbated overshadowing impact or visual impacts associated with bulk and scale.


Building Height

PDC 163 Satisfied.

The proposed building does not exceed two-storeys or 9m in overall building height.

Site Coverage

PDC 164 Variance.

Site coverage marginally exceeds the 40% guideline.

Total floor area is in excess of the 50% guideline by 13.4%. Noting that the additional floor area is contained within the roof

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04 December 2018


space it is not considered to amount to an unreasonable impact to the overall development, having discussed that the impacts associated with external wall heights and overshadowing are reasonable.


Satisfied.

A condition of consent is included that upper level windows include fixed obscure glazing to a height of 1.6m above the floor level.



The development accommodates sufficient off-street car parking space in accordance with CW PDC 181.

The existing crossover can be maintained to service the development, tapering the width inside the property boundary in order to achieve clearance from the street tree.


Satisfied.

The development ensures that a minimum of two hours solar access is maintained to the private open spaces of the adjoining property to the south.

The development maintains substantial solar access to an existing solar panel system on the northern and western roof form of the adjoining dwelling to the south.

The shadow diagrams demonstrate that the development will overshadow north-facing habitable rooms associated with the adjoining dwelling to the south.


Satisfied.

The site works plan nominates small retaining walls to a maximum of 300mm proposed to boundaries, which are not development in their own right. The proposal does not nominate fencing on top, however 1.8m fencing would not cumulatively exceed 2.1m in height.

Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied.

There are no regulated or significant trees within 15m of the subject land that are affected by the proposed development.

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04 December 2018


APPENDIX 3



Site Area 585m2 375m2



Site Coverage

- Buildings only 258m² 44.1%

40%

- Buildings and driveways 294.8m² 50.1%

50%

- Total floor area 370m² 63.2%

50%

Building Height


- metres 8.4m 9m

Set-backs

Lower Level

- front boundary 6m 6m

- side boundary 1m (n) 1.2m (s)

2m

- rear boundary 9.2m 4m

Upper Level


- side boundary 1.8m – 3.3m (n) 1.8m – 3.3m (s)

4m


Boundary Wall

- length 6.6m 8m

- height 4m 3m

Private Open Space

- percentage 174.3m² 47.2%

50%





- width of garage/carport door 4.8m 31.2% of frontage

33%

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04 December 2018




Applicant: Dechellis Homes

Location: 11 Rayne Avenue, Linden Park

Proposal: Two-storey detached dwelling including garage, portico, alfresco, balcony and retaining walls


Residential Policy Area 21 – Linden park




Two (2) representations received

Appeal Opportunity Applicant only, no third party appeal rights


Referrals – Non Statutory: Technical Officer – Engineering

Open Space Officer




REPORT CONTENTS

Assessment report:










Photographs

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04 December 2018



The applicant seeks Development Plan Consent for the construction of a two-storey detached dwelling, including portico, front facing balcony, double garage, rear alfresco, retaining walls, fencing and associated landscaping. The ground floor will comprise the double garage, study, guest room, sitting room, bathroom, wc, laundry, open plan living and alfresco. The upper floor will comprise the main bedroom including front facing balcony, retreat, walk in robe and ensuite, as well as three bedrooms, bathroom and open retreat/rumpus room. Retaining walls are proposed at varying heights (however are a maximum height of 1m), as well as associated 1.8m high Colorbond good neighbour fencing on top, to side boundaries.

2. BACKGROUND

Development Application 180\0781\18 was lodged on 17 August 2018 by Dechellis Homes on behalf of the registered owners of the land. The application was determined to be a merit form of development, pursuant to Section 35(5) of the Development Act 1993. For the purposes of public notification, the application is assigned to Category 2, as prescribed by Residential Policy Area 21 – Linden Park, Principle of Development Control 12 of the Burnside (City) Development Plan. The application was made available for public viewing for a period of ten (10) business days, during which time Council received two (2) representations, identifying concerns relating to site levels and finished floor levels, retaining walls, stormwater management and the proposed garage wall on boundary. Initial concerns were raised with the applicant with regards proposed levels associated with filling toward the rear of the site, and associated retaining walls. As a result of Council’s correspondence and representations received, amendments have been made to the plans by way of, but not limited to, increased front setback, lowered finished floor levels and extent of proposed fill and lowered retaining walls, accompanied by a written response to the representations. As part of the assessment process, the application was also referred to Council’s Technical Officer – Engineering and Open Space team in relation to the suitability of access, stormwater management and impacts to Council assets. An assessment against the relevant provisions of the Development Plan has now been completed and the application is presented to the Council Assessment Panel (the Panel) with a staff recommendation that consent be granted, subject to conditions.


3.1. Subject Land

The subject land is an existing rectangular shaped allotment, with an east-west orientation fronting Rayne Avenue in the suburb of Linden Park. The land has a site area of 747.5m², frontage of 16.59m and depth of 45.06m.

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04 December 2018


The land experiences a back fall of approximately 2m from the front the rear of the site. The land is currently occupied by a single-storey conventional style dwelling and ancillary structures.

3.2. Locality

The locality comprises land on the western and eastern side of Rayne Avenue and eastern side of Hughes Street, extending 60m to the north. The locality also comprises those properties on the northern side of Hay Road bound by Hughes Street and Rayne Avenue, and those properties on the southern side of Hay Road, 60m to the east and west of Hewitt Avenue. The locality comprises predominantly detached and semi-detached dwellings, being a mix of single-storey and two-storey in built form. Architectural styles are widely varied, noting an eclectic mix of traditional styles (Tudors) to conventional and more modern style dwellings, all of which contribute to a pleasant streetscape character.


Kind: Merit





Reason: Residential Policy Area 21 Principle of Development Control 12

Cut / Fill: Although a degree of fill is to be introduced to the site, the extent of which, and resultant height of retaining walls, is not considered to be unreasonable given the context of the site and locality, and as such is considered minor in nature.

Representations Received: Patricia A Doman – 12 Hughes Street Linden Park (wish to be heard)

Shiva Heidari – 13 Rayne Avenue Linden Park (do not wish to be heard)

Third Party Appeal Opportunity: No



6. AGENCY REFERRALS



7.1. Land Use


The subject land is located within the Residential Zone and is currently utilised for residential purposes;

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04 December 2018


The proposal seeks to replace an existing single-storey dwelling with a new two-storey dwelling which has due regard to the qualitative and quantitative guidelines of the Burnside (City) Development Plan;


The Development Plan does not explicitly preclude two-storey development; and

If it can be demonstrated that the proposed development has no unreasonable external impacts, then consent could reasonably be expected



Residential Policy Area 21 – Linden Park seeks the maintenance and enhancement of the low scale and low-to-medium density residential character that is derived particularly from residential development including detached dwellings, in a wide variety of styles, moderate building setbacks and generally open, well-established front gardens and grassed verges. The immediate streetscape of Rayne Avenue is characterised by a mix of single-storey and two-storey buildings of varied styles, as well as low masonry, and/or pillar and plinth front fences. The proposed development involves the construction of a large two-storey modern detached dwelling, which reflects characteristics of other modern and conventional development within the locality. Whilst the building is sizeable, the scale and massing is generally comparable to later development additions to the locality, and the development on balance, achieves the quantitative guidelines of the Burnside (City) Development Plan.

The proposed building footprint sits well within the site boundaries, as delineated on the proposed site plan, achieving ground level side and rear setbacks in excess of the guidelines, and upper level setbacks that fall marginally shy of the guideline to the northern side, which has negligible external impact in terms of amenity. The development comfortably satisfies site coverage and only marginally exceeds the total floor area guidelines, whilst still providing for sufficient and useable private open spaces associated with the dwelling. The proposed building footprint, when considered against the shortfalls in setbacks, on balance, does not result in an overdevelopment of the site. With respect to impacts to neighbours, privacy is sufficiently addressed through fixed obscure glazing to a height of 1.7m above the upper floor level, and overshadowing impacts are reasonable, where private open spaces receive more than two hours of sunlight, and there are no north-facing habitable room windows impacted by the proposed building, where the north facing elevation of the dwelling at 13 Rayne Avenue does not contain any windows, and there is an existing carport that extends to the boundary, covering the northern elevation of the building.


The proposed building nominates a finished floor level of 99.40, seeking to strike a balance of cut and fill across the site. As the site falls toward the rear, the plans as originally submitted sought 1.6m of fill and retaining walls of such a height. Following amendments, the extent of fill and the height of retaining walls has reduced to a maximum 1m in height, which is a more reasonable outcome in the context of the site and locality.

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04 December 2018


The development seeks to relocate the crossover from the northern end of the frontage to the southern end of the frontage. Council’s Open Space Officer prescribed a minimum 2.7m clearance from the adjacent street tree, which the applicant has demonstrated via the proposed site plan, can be achieved. Based on the number of rooms within the floor plan that can reasonably be used as bedrooms, the development would require a minimum of three (3) off-street car parking spaces in accordance with CW PDC 181. The development can accommodate two spaces within the garage and an additional space within the driveway space.


The application was determined to be a Category 2 development pursuant to Residential Policy Area 21, Principle of Development Control 12. During the notification period, Council received two (2) written submissions from the adjoining properties directly south and west of the subject land, raising the following concerns:

Raising of rear ground level by approx. 1.6m above the current ground level;

The visual impact associated with the cumulative height of the building and filled land beneath the footprint;

Privacy impacts to the west from the rear alfresco and associated finished levels;

Stormwater management and runoff; and

Dominance of the garage boundary wall on the southern boundary.

The applicant responded to the representations, insofar as:

The proposed garage wall is to be 2.7m in height and 7.1m in length which complies with the Burnside (City) Development Plan guidelines for boundary development;

Amendments made to address concerns regarding finished levels and retaining wall heights, comprising:

o Increasing front setback and decreasing the rear setback by 1.7m reduces the dwelling FFL by 400mm;

o Privacy impacts to neighbouring properties is addressed via retaining walls and fencing; and

o Reduced extent of fill and reduced associated height of retaining walls to 1m.

Stormwater runoff at the rear of the site is addressed via the use of a sump and pump.

Full copies of representations and the applicant’s response to representations are included as attachments. Council is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development, insofar as they are to be determined under the Development Act 1993.


The application was referred to Council’s Technical Officer and Open Space team. Standard comments were received from the Technical Officer. Council’s Arborist requires a 2.7m set-back to the adjacent street tree, which has since been demonstrated on the site plan, and is achievable.

7.6. Conclusion


8. RECOMMENDATIONS

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04 December 2018




2. Development Application 180\0781\18, by Dechellis Homes is granted Development Plan Consent subject to the following conditions:

Conditions



2 All side and rear upper level windows as depicted on the stamped and approved plans granted Development Plan Consent shall be fitted with fixed and obscured glazing to a minimum height of 1.7m above the finished floor level. The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:


Advisory Notes

1 Engineering Requirements:

Street Tree Conditions

Relocating the crossover to the southern side of the property will require a 2.7m setback from the adjacent street tree (Queensland Box tree).

No street tree roots larger than 40mm in diameter are to be cut without Council consent.

Street trees shall be protected during development with bunting set 1.5m from the trunk for the duration of the works.

The crossover shall be constructed using permeable materials.

No pruning of street trees and no storing of materials on the road verge during construction.


Driveway Conditions


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04 December 2018


The existing second driveway/gutter crossing must be removed and reinstated to kerb upon completion of the proposed gutter crossing.



Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.


Due to the increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:



o The maximum rate of discharge from the site shall be equal to the volume of

water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that:

o An additional detention storage of 1,000Ltrs be provided in addition to the

standard 1,000Ltrs retention tank provided; and

o The development utilises permeable paving for the proposed external paving

work within the development site.


The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.


Excess stormwater runoff from the roof catchment shall be discharged to the street water table through a sealed system to the satisfaction of the Council.



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04 December 2018


APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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04 December 2018


APPENDIX 2



Primary Residential Policy Area 21 Objectives:

Objective 1: Maintenance and enhancement of the low scale and low-to-medium density residential character that is derived particularly from: (a) residential development, including detached dwellings, in a wide variety of styles, predominantly of the

interwar period, near Greenhill Road, and the post-war period; (b) limited opportunity for a greater range and increased density of residential development, notwithstanding

the proximity of the Policy Area to the District Centre Zone and to public transport services; (c) moderate building set-backs to streets; and (d) generally open, well-established, front gardens, and grassed verges.

Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be maintained and enhanced, are found: (a) on land with frontage to Portrush Road and to Greenhill Road, including the two unbuilt-on and partly

landscaped allotments of Council-owned on the corner of those roads; and (b) in the interface with the Local Centre Zone.

Subject:

DP Ref

Assessment:


Satisfied.

The proposal seeks to continue the established and desired residential use of the land.


Satisfied.

The proposal maintains the existing density of the allotment.

Two-storey development is not precluded by RPA 21, and is comparable in scale to other two-storey buildings within the locality, and is therefore not at odds with the existing streetscape character.

The proposed dwelling is of an acceptable design standard.


Satisfied.

The site is an existing and lawful residential allotment that exceeds the minimum guidelines for site areas and frontages for detached dwellings.

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04 December 2018








Subject:

DP Ref

Assessment:


Satisfied.

Building Appearance PDC 2–4

Satisfied.

The proposed development offers a contemporary addition to the streetscape, which is encouraged by the objectives for the policy area seeking a wide variety of styles.

The design of the dwelling is compatible with the existing streetscape character, and includes appropriate levels of articulation and fenestration.

The siting of the building provides for sufficient space for landscaping to be established to contribute to streetscape amenity.


Satisfied.

The final proposed levels are considered acceptable in minimising the need for, and height of retaining walls as sought by Residential Zone PDC 5(c).

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04 December 2018










Subject: DP Ref

Assessment:

Zoning and Land Use



Satisfied.

Side Set-backs Minor Variance.

The northern side upper level boundary setback falls short 1m of CW PDC 161(c). The shortfall is not considered fatal to the application, noting that it achieves sufficient spatial separation to minimise visual impact and does not result in an impact to sunlight access.


Building Height PDC 163

Minor Variance.

The overall building is 8.1m in height. When measures from the lowest point of natural ground level however, the overall building height would be 9.1m, presenting a 0.1m variance from CW PDC 163.

Site Coverage PDC 164

Minor Variance.

Total floor area exceeds the 50% guideline by 6.5%. The increase in floor area is not considered to translate to an overdevelopment of the site, noting that qualitative considerations are well addressed and balanced.

Private Open Space PDC 165, 168

Satisfied.

Amenity

O11, 20–22 PDC 14–18, 52-69, 169-172

Satisfied.

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04 December 2018


The proposed built form is considered to have due regard to roof form and pitch, building massing and proportions, façade articulation, eaves and external materials and finishes.

The impact of the proposed garage wall on boundary is not considered unreasonable as it achieves the quantitative


Satisfied.

Upper level windows propose fixed obscured glazing to a height of 1.7m above the floor level.


Satisfied.

The development is capable of accommodating sufficient off-street car parking space in accordance with CW PDC 181.


Satisfied.

There is no impact to north-facing habitable rooms associated with the adjoining dwelling as this elevation is void of windows. Irrespective, the upper level is set back in excess of the minimum 4m guideline set by the Development Plan and as such the extent of shadow is within reason.

The rear private open spaces retain access to sunlight in accordance with CW PDC 183(b).


Satisfied.

The proposal includes retaining walls of varying heights, with 1.8m high fencing on top. To the northern side boundary, a maximum 1m high wall with a cumulative maximum height of 2.8m is proposed. To the rear and southern side boundaries, a cumulative maximum height of 2.4m is proposed.

The proposed retaining walls and fencing are of a reasonable scale and height in the context of the site and locality.

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04 December 2018


APPENDIX 3



Site Area 747.54m2 425m2



Site Coverage

- Buildings only 248.07m² 33.2%

40%

- Buildings and driveways 290m² 38.8%

50%

- Total floor area 422.28m² 56.5%

50%

Building Height


- metres 9.1m above lowest point of natural ground level

9m

Set-backs

Lower Level

- front boundary 5.57m (to the porch) 7.36m (to the main building line)

8m

- side boundary 3.06m (n) 2.6m (s)

2m


Upper Level


- side boundary 3.06 (n) 4.33m (s)

4m


Boundary Wall

- length 7m 8m

- height 2.8m 3m

Private Open Space

- percentage 327m² 77.4% of TFA

50%





- width of garage/carport door 4.81m 28.9% of frontage

33%

85


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04 December 2018




Applicant: J Sage


Proposal: Non-complying: Earthworks and outbuilding (shed) with rooftop parking




Public Notification: Category Three

Nil (0) representations received


Referrals – Statutory: N/A

Referrals – Non Statutory: Traffic Management Engineer

Tree Management Officer


Recommendation: Subject to concurrence from the Development Assessment Commission, that Development Plan Consent be granted

Recommending Officer: Theresa James

REPORT CONTENTS

Assessment report:






Delegate’s report to proceed with assessment


Photographs

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The applicant seeks Development Plan Consent for the following:

Construction of an outbuilding (storage) with rooftop parking;

Excavation of approximately 1.4m;

Fill of approximately 1.8m;

Battered moss rocks; and

Increase and rise in driveway crossover area to enable manoeuvring area.

2. BACKGROUND

The subject development application was lodged with Council in October 2017. The application was determined to be a non-complying form of development pursuant to Hills Face Zone Principle of Development Control 27 of the Burnside (City) Development Plan, in that it comprises fill exceeding 1m. Upon receipt of the application, Council planning staff advised the applicant of the non-complying classification and requested a brief statement in support of the application. In December 2017 the applicant submitted a brief statement of support and in that same month Council determined to proceed with an assessment of the application. Following that decision, additional information was requested from the applicant, including a Statement of Effect in January 2018. The applicant requested an extension of time to submit the requested information, and in October 2018 it was submitted. The application was placed on Category 3 public notification pursuant to Section 38(2)(c) the Development Act 1993, in that the proposed fill is not assigned a category under the Development Regulations 2008 or the Burnside (City) Development Plan. The application was placed on notification for a period of 10 business days, during which time no representations were submitted. A full assessment of the proposed development has now been undertaken, and the application is presented to the Council Assessment Panel (the Panel) for consideration as a non-complying development with a staff recommendation that, subject to the concurrence of the State Commission Assessment Panel (SCAP), consent be granted.


3.1. Subject Land

The subject land is an irregular shaped allotment of substantial size and gradient located on the northern side of Mount Osmond Road. The land measures 4974 square metres with an angled frontage of 38.02 and 35.72 metres to Mount Osmond Road. Existing on the land is a 1970’s ‘contemporary’ style dwelling, which is positioned towards the front of the land, and central to the frontage. Due to the sharp descent in the topography of the land, vehicle access is via the very far western end of the frontage. A single width driveway enables access from the road towards the dwelling, which follows the fall in the land. Several trees are located on the land, including one regulated South Australian Blue Gum. Whilst the tree is identified as a Regulated tree with a trunk circumference of 3.8 metres at one metre above ground level, it is also positioned within 20 metres of the existing dwelling, on land identified a High Bushfire Risk in a Bushfire Protection Area. Although no tree damaging activity is proposed (encroachment is less than 10% of the tree protection zone), a tree-damaging activity in relation to this tree is exempt from the

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definition of development, pursuant to Regulation 17(1)(b), Schedule 3, the Development Regulations 2008. Notwithstanding the Applicant could remove the tree without approval from Council, they have been, and continue to maintain the tree.

3.2. Locality

The locality forms part of the Hills Face Zone and comprises properties on the north and south of Mount Osmond Road, where it meets Hawyard Drive to the north-east and Seaview Road to the west. Allotments on the northern side of Mount Osmond Road comprise of residential dwellings, positioned in proximity to the road boundary, due to the deep descent in the topography. The Mount Osmond Gold Club and its surrounds comprises an entire allotment located on the southern side of Mount Osmond Road within the locality described above.


Kind: Non-complying

Reason: Hills Face Zone Principle of Development Control 27

Filling where the height of filling of land exceeds 1.0 metre above natural ground level except for underground homes, underground tanks and cellars




Reason: Section 38(2)(c) the Development Act 1993 “fill” is not assigned Category 1 or 2 in either the Development Plan or Schedule 9, the Development Regulations 2008.

Representations Received: Nil


6. AGENCY REFERRALS



7.1. Land Use


The Hills Face Zone serves as a natural backdrop to the Adelaide Plains, providing a buffer area between metropolitan districts and preventing the urban area from extending into the western slopes of the ranges. The Development Plan envisages a zone accommodating low-intensity agricultural activities and public/private open space where the natural character is preserved and visual intrusion of development limited;

An existing dwelling exists on the subject land;

The proposed development comprises a comparatively small outbuilding which will have minimal impact on the natural character of the zone given its location below road level;

The proposed outbuilding is modest in scale and will improve vehicle egress from the land; and

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The design of the structure is largely open at road level, albeit for a balustrade to the rooftop parking. This open character, together with the dark grey tone of the structure, will ensure the appearance of the land as viewed from the Adelaide Plains is not altered to any substantial degree.



The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The locality enjoys a high degree of amenity, enhanced by the open and natural landscape of the hills setting.

The subject land entails a steep slope, which results in the existing dwelling and yard levels set well below road level. As such, the existing built form on the land is generally inconspicuous from Mount Osmond Road. The proposed outbuilding is located with its ground level well below existing road level, with the proposed rooftop parking just below the Mount Osmond Road level. Proposed battered moss rock embankment to the side of the proposed development will reduce the visibility of the development when travelling on Mount Osmond Road, as one might view the site from the road.

The proposed outbuilding will utilise materials that complement the existing dwelling on the land, which currently displays grey roof tiles and dark walls. Whilst the structure is positioned towards the front of the site, at the front boundary of the land, its ground floor level is 4.3m below the Mount Osmond Road level, and the rooftop parking area is 1.6m below the adjacent road level. The ground level storage room will be accessible from the existing yard level through a side entry door. The parking area, comprising the rooftop of the storage room, will be accessible from Mount Osmond Road and can accommodate the parking of vehicles and/or provide a reversing bay for vehicles leaving the single width driveway so that they can enter Mount Osmond Road in a forward direction.


An existing single-width driveway enables vehicle access to the dwelling on the land. This application seeks to widen the proposed crossover within the verge and create a level area to enable a turning zone. Council’s Engineering Services Department raised no concerns, noting the applicant will need to secure Section 221 Authorisation for the works proposed within the verge area. A condition of consent has been included requiring that Section 221 authorisation be obtained prior to any works commencing. Despite the land being identified as a High Bushfire Risk within a Bushfire Protection Area, the proposed development was not referred to the SA Country Fire Service as Schedule 8 the Development Regulations 2008 requires referrals only where an

application involves a dwelling, tourist accommodation or habitable building. Council’s Open Space team also reviewed the application details, however raised no concerns relating to vegetation located in the Council verge.

7.4. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered

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seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

8. RECOMMENDATIONS



2. Subject to concurrence from the Development Assessment Commission, that Development Application 180\1128\17, by J Sage is granted Development Plan Consent


Conditions



2 The approved works may not commence until such time as the applicant has secured written authorisation for the construction of the new driveway crossover from the Council pursuant to Section 221 of the Local Government Act 1999. Reason:

To ensure the applicant has secured all relevant consents/authorisations required prior to the commencement of development.


Theresa James Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

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APPENDIX 2




Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to: (a) provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) provide for passive recreation in an area of natural character close to the metropolitan area; (d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into

the western slopes of the ranges; and (e) ensure that the community is not required to bear the cost of providing services to land within the zone.

Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to: (a) preserve and enhance the natural character or assist in the re-establishment of a natural character in the

zone; (b) limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or

from the Adelaide Plains; (c) not create, either in themselves, or in association with other developments, a potential demand for the

provision of services at a cost to the community; and (d) prevent the loss of life and property resulting from bushfires.

Principle of Development Control 1: Development should not be undertaken unless: (a) it is associated with a low-intensity agricultural activity, a public open space area or a private use of an open

character, or is a detached single-storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment; and

(b) together with associated native landscaping, it preserves and enhances the natural character of the zone or assists in the re-establishment of a natural character.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1 PDC 1

Satisfied.

The development seeks to create more usable parking provisions for users of the land, in a manner that considers the topography of the existing land to ensure the structure is minimally visible from the Adelaide Plains.

The existing use of the land will not be altered by this application. Design for Topography

PDC 2, 14 Satisfied.

Whilst the location of the proposed outbuilding is positioned at the front of the land, that portion of land falls sharply away from the front boundary such that the structure will not be a dominant feature of the site as viewed from Mount Osmond Road.

The nature of the proposed development improves access to the site, which currently requires single file access towards the dwelling on the land. The proposed parking bays enable an additional 4 vehicles to park on a flat surface, which is below the adjacent road level. The width of the parking area, together with the increased driveway crossover will enable a vehicle manoeuvring area so that

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vehicles can exist the site in a forward direction, improving vehicle/road safety.

Operation and Management

PDC 3 Satisfied.

The operation of the development is not anticipated to give rise to concerns regarding pollution or exploitation of local water sources, nor is it anticipated to impose other unacceptable environmental impacts.

Building Design and Location PDC 7–9, 12

Satisfied.

The outbuilding in itself is relatively modest, comprising a small area of the land. In any event, the design, as viewed from the road, includes a generally open structure, allowing for the parking of up to four vehicles and/or a reversing bay. As the land descends away from the public road, the proposed structure will be more visible from within the subject land. The proposed external colour to the walls of the structure will be finished in a “Keim” mineral finish in a dark grey colour to reduce reflection and visibility.

Whilst its location at the front boundary of the land is not envisaged by the Hills Face Zone, this location is the most suitable position to limit the level of earthworks and enable reversing areas so that vehicles can leave in a forward direction onto Mount Osmond Road.

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Applicant: G M Fuller and W Fuller

Location: 126-128 Waterfall Gully Road, Waterfall Gully

Proposal: Non-complying additions to existing dwelling, demolition of existing outbuilding, construction of two-storey studio/retreat outbuilding, new swimming pool deck and fence and front gate.






Referrals – Statutory: Country Fire Services (CFS)

Referrals – Non Statutory: Technical Officer – Engineering



Recommending Officer: Jake Vaccarella

REPORT CONTENTS

Assessment report:






External agency referral reports


Photographs

Delegate’s Report to Proceed dated 28 August 2018

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The applicant seeks Development Plan Consent for alterations and additions to an existing two-storey detached dwelling including swimming pool decking, fencing and front gate and the demolition of an existing outbuilding and construction of a two-storey outbuilding used as a retreat/studio. The alterations and additions to the existing dwelling comprise of the following elements:

Retention of main elements of dwelling (external walls and floors);

New windows, screening, roofing and infill panels to the upper level of the existing dwelling;

Removal of existing carport;

Provision of new car parking space under new upper level addition;

Replacement of pool fence and sections of the pool retaining wall;

New open plan, kitchen, living and dining area with external screening and balcony;

New decking and fence around existing swimming pool;

New entry canopy to link the existing dwelling to the new additions; and

New front entry swing gates to existing crossover (north) and new sliding gate to primary crossover (south);

The two-storey outbuilding is subordinate to the primary dwelling and is to be used as a studio/retreat for private use only. The outbuilding comprises the following:

Studio, bathroom, verandah and associated deck on the ground floor;

Additional studio space and void area to the mezzanine level; and

Contemporary mix of materials and finishes including face brick, timber cladding and metal cladding.

2. BACKGROUND

Development Application 180\1354\17 was lodged on 22 December 2017 by Gail and Wayne Fuller, the registered owners of the property. The proposal was determined to be a non-complying form of development pursuant to Hills Face Zone, Principle of Development Control 27 of the Burnside (City) Development Plan, which states: “The following kinds of development are non-complying in the Hills Face Zone:

Detached Dwelling or additions to, or conversion of, an existing detached dwelling where: (b) the scale and design is such that:

(i) the vertical distance between any point at the top of any external wall and the finished ground level immediately below that point on the wall exceeds three metres, other than gable ends of the dwelling where the distance exceeds five metres. (ii) there is a floor level directly above another floor level, except where the upper floor level is located wholly at or below finished ground level”

(My emphasis)

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Upon receipt of the application, Council planning staff advised the applicant of the non-complying classification and requested a brief statement in support of the application. In August 2018 Council determined to proceed with an assessment of the application. Following that decision a Statement of Effect was sought from the applicant pursuant to Regulation 17 (4) of the Development Regulations 2008. In October 2018 the application was referred to the South Australian Country Fire Service (CFS) due to the development including additions comprising habitable rooms on an allotment identified by the Burnside (City) Development Plan as a High Bushfire Risk Area in a Bushfire Protection Area. In November 2018 a referral report was returned from the CFS, which stated no objection to the proposed development provided that suitable conditions are included on any consent issued. Such conditions have been included in this recommendation. The alterations and additions element of the application was determined to be Category 1 for the purposes of public notification pursuant to Regulation 3(a) of Part 1, Schedule 9 of the Development Regulations 2008 in that the proposed works are in the opinion of the relevant authority of a minor nature only. The outbuilding component of the application was also determined to be a Category 1 development pursuant to Hills Face Zone, Principle of Development Control 28 which states that an outbuilding is assigned to Category 1 except where it comprises a solid wall located on a side or rear boundary. A full assessment of the proposed development has now been undertaken, and the application is presented to the Council Assessment Panel (the Panel) for consideration as a non-complying development with a staff recommendation that, subject to the concurrence of the State Commission Assessment Panel (SCAP), consent be granted.


3.1. Subject Land

The subject land encompasses two regular shaped allotments located on the eastern side of Waterfall Gully Road in the suburb of Waterfall Gully and identified as Allotment 97 on Certificate of Title Volume 5905 Folio 42 and Allotment 98 on Certificate of Title 5648 Folio 759. The ‘development site’ measures approximately 1811 square metres, with a frontage to Waterfall Gully Road of 43.86 metres and a depth ranging from 40.83 metres to 41.78 metres. Existing on the ‘development site’ is a large 1960’s conventional style two-storey dwelling towards the rear and a habitable outbuilding located in close proximity to the front boundary and visible from the streetscape. The site also comprises varying terracing and retaining walls and swimming pool in the north-eastern corner.

3.2. Locality

The locality forms part of the Hills Face Zone and comprises properties on both the eastern and western side of Waterfall Gully Road. The locality is characterised by its steep topography and dense vegetation which plays a role in the appearance of land from Waterfall Gully Road. The western side of Waterfall Gully road comprises a steep, densely vegetated hill face with largely undeveloped land beyond. The eastern side sits within a valley, created for the placement of Waterfall Gully Road.

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Kind: Non-complying

Reason: Hills Face Zone, Principle of Development Control 27




Reason: Dwelling Alterations and Additions

Part 1, (3)(a) Schedule 9 of the Development Regulations 2008

Outbuilding

Hills Face Zone, Principle of Development Control 28

Cut / Fill: Although a degree of excavation will occur, it is considered minor given the context of the site and the locality and will not impact on residents within the locality.

Representations Received: N/A

Third Party Appeal Opportunity: N/A

6. AGENCY REFERRALS

External agency referrals are provided as an attachment to the Panel.



7.1. Land Use


The Hills Face Zone serves as a natural backdrop to the Adelaide Plains, providing a buffer area between metropolitan districts and preventing the urban area from extending into the western slopes of the ranges. The Development Plan envisages a zone accommodating low-intensity agricultural activities and public/private open space where the natural character is preserved and visual intrusion of development limited;

The proposed addition relates to an existing split level detached dwelling and is of a modest design by comparison;

The proposed development comprises a comparatively small addition and will have minimal impact on the natural character of the zone;

The proposed works are of a high-quality design standard which are consistent in bulk, scale, form and proportion with the existing dwelling;

The proposed works require minimal earthworks;

The proposed outbuilding replaces an existing outbuilding of similar form, scale and siting and utilises materials and finishes which complement the natural landscape; and

The proposal is unlikely to create adverse impacts for the owners or occupiers of adjoining property.


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The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The locality enjoys a high degree of amenity, enhanced by the open and natural landscape of the hills setting.

The subject land is located within a part of the Hills Face Zone which is commonly developed for residential purposes, specifically in a lineal manner along the eastern side of Waterfall Gully Road. The existing two-storey dwelling is located to the rear of the site and is not visually evident from the streetscape due to the presence of dense, mature vegetation scattered throughout the front and mid-section of the site.

The proposed dwelling additions comprise a sympathetic and contemporary design for the site which largely seeks to remodel the existing dwelling whilst reflecting the siting and footprint of the existing building, extending in a linear form to the north (side) and maintaining the historically generous setback from Waterfall Gully Road.

The lower floor plan comprises new under croft vehicle accommodation in lieu of the existing carport and new front entry portico to link the existing part of the dwelling to the new additions. The upper floor plan comprises new open plan kitchen, lounge and dining areas including west and north facing balconies which step down onto the existing swimming pool which is to be landscaped as part of this proposal.

The dwelling additions adopt an architecturally designed contemporary form and appearance which creates visual contrast from the original built form fabric. The additions have been designed in a manner that respects the scale of the existing dwelling with external materials and finishes that achieve an appropriate and complementary relationship with the design characteristics of the existing dwelling as well as seek to preserve and enhance the natural character of this Hills Face setting. The proposed outbuilding for exclusive use as a retreat/studio replaces an existing outbuilding of similar form, proportions and siting. Whilst the proposed outbuilding is two-storey in height, the building has been appropriately designed with a variety of highly sympathetic, high quality materials and finishes and appropriate fenestration which offer enhanced articulation and visual interest across the external facades. The outbuilding maintains a similar setback to that of the adjoining dwelling to the north and the adjoining outbuilding to the south; whilst the presence of established vegetation will somewhat obscure the appearance of the outbuilding from Waterfall Gully Road. As such, the proposed additions are considered to have an acceptable level of impact to the occupiers of adjoining land and have been designed and sited so as to blend in with the natural topography of the site.


The application was referred to the CFS pursuant to Section 37 of the Development Act 1993 and Schedule 8 of the Regulations. No objections were raised but standard conditions were recommended. These conditions have been applied to the recommendation presented to the Panel. The application was also referred to Tonkin Engineering Consultants to provide a hydrological assessment which detailed the potential impact of the proposed outbuilding on the adjacent watercourse. As a result of the findings within the hydrological report, the applicant submitted amended plans for the outbuilding which reflected an increase in the

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height of the finished floor level to achieve compliance with the relevant provisions of the Development Plan pertaining to flood protection. Council’s Technical Officer reviewed the proposal and engineering advice provided and concurred with the findings, raising no objections to the proposal.

7.4. Conclusion


8. RECOMMENDATIONS



2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\1354\17, by G M Fuller and W Fuller is granted Development Plan Consent


Conditions



2 Access to Dwelling

- Access to the building site shall be of all-weather construction, with a minimum formed road surface width of 3 metres and must allow forward entry and exit for large fire-fighting vehicles.

- The all-weather road shall allow fire-fighting vehicles to safely enter and exit the allotment in a forward direction by incorporating either -

i. A loop road around the building, OR

ii. A turning area with a minimum radius of 12.5 metres, OR

iii. iii. A ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11 metres and minimum internal radii of 9.5 metres.

- Private access shall have minimum internal radii of 9.5 metres on all bends. - Vegetation overhanging the access road shall be pruned to achieve a minimum

vehicular clearance of not less than 4 metres in width and a vertical height clearance of 4 metres.

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

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3 Access (to Dedicated Water Supply)

- The water supply outlet shall be easily accessible and clearly identifiable from the access way. Stand-alone tanks shall be identified with the signage ‘WATER FOR FIRE FIGHTING’ and the tank capacity written in 100mm lettering on the side of each tank and repeated so that the sign is visible from all approaches to the tank. The sign shall be in fade-resistant lettering in a colour contrasting with that of the background (ie blue sign with white lettering).

- Access to the dedicated water supply shall be of all-weather construction, with a minimum formed road surface width of 3 metres.

- Provision shall be made adjacent to the water supply for a flat hardstand area (capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes) that is a distance equal to or less than 6 metres from the water supply outlet.

- SA CFS appliance inlet is rear mounted; therefore the outlet/water storage shall be positioned so that the SA CFS appliance can easily connect to it rear facing.

- A gravity fed water supply outlet may be remotely located from the tank to provide adequate access.


- All water supply pipes for draughting purposes shall be capable of withstanding the required pressure for draughting.

Water Supply

- A minimum supply of 22,000 litres of water shall be available at all times for bushfire fighting purposes. SA CFS notes an existing supply of water storage (existing pool) meets the minimum requirement of 22,000 litres. SA CFS has no objection to this supply being utilised as the dedicated supply for Bushfire fighting purposes.

- The bushfire fighting water supply shall be clearly identified and fitted with an outlet of at least 50mm diameter terminating with a compliant SA CFS fire service adapter, which shall be accessible to bushfire fighting vehicles at all times.

- The water storage facility (and any support structure) shall be constructed of non-combustible material.

- The dedicated fire-fighting water supply shall be pressurised by a pump that has - i. A minimum inlet diameter of 38mm, AND ii. Is powered by a petrol or diesel engine with a power rating of at least 3.7kW (5hp), OR iii. A pumping system that operates independently of mains electricity and is capable of pressurising the water for fire-fighting purposes.

- The dedicated fire-fighting water supply pump shall be located at or adjacent to the dwelling to ensure occupants safety when operating the pump during a bushfire. An ‘Operations Instruction Procedure’ shall be located with the pump control panel.

- The fire-fighting pump and any flexible connections to the water supply shall be protected by a non-combustible cover that allows adequate air ventilation for efficient pump operation.

- All bushfire fighting water pipes and connections between the water storage facility and a pump shall be no smaller in diameter than the diameter of the pump inlet.


- A fire-fighting hose (or hoses) shall be located so that all parts of the building are within reach of the nozzle end of the hose and if more than one hose is required

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they should be positioned to provide maximum coverage of the building and surrounds (i.e. at opposite ends of the dwelling).

- All fire-fighting hoses shall be capable of withstanding the pressures of the supplied water.

- All fire-fighting hoses shall be of reinforced construction manufactured in accordance with AS 2620 or AS 1221.

- All fire-fighting hoses shall have a minimum nominal internal diameter of 18mm and a maximum length of 36 metres.

- All fire-fighting hoses shall have an adjustable metal nozzle, or an adjustable PVC nozzle manufactured in accordance with AS 1221.

- All fire-fighting hoses shall be readily available at all times.

4 Vegetation

- A vegetation management zone (VMZ) shall be maintained within 20 metres of the dwelling (or to the property boundaries - whichever comes first) as follows: i. The number of trees and understorey plants existing and to be established

within the VMZ shall be reduced and maintained such that when considered overall a maximum coverage of 30% is attained, and so that the leaf area of shrubs is not continuous. Careful selection of the vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity, and privacy and yet achieve the ‘overall maximum coverage of 30%’.

ii. Reduction of vegetation shall be in accordance with SA Native Vegetation Act 1991 and SA Native Vegetation Regulations 2017.

iii. Trees and shrubs shall not be planted closer to the building(s) than the distance equivalent to their mature height.

iv. Trees and shrubs must not overhang the roofline of the building, touch walls, windows or other elements of the building.

v. Shrubs must not be planted under trees or must be separated by at least 1.5 times their mature height from the trees’ lowest branches.

vi. Grasses within the zone shall be reduced to a maximum height of 10cm during the Fire Danger Season.

vii. No understorey vegetation shall be established within 1 metre of the dwelling (understorey is defined as plants and bushes up to 2 metres in height).

viii. Flammable objects such as plants, mulches and fences must not be located adjacent to vulnerable parts of the building such as windows, decks and eaves

ix. The VMZ shall be maintained to be free of accumulated dead vegetation.

5 The vertical screen fins as depicted on the stamped and approved plans granted Development Plan Consent described as West Elevation shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents

in adjoining properties.

Advisory Notes

1 Building Consent

Development Approval will not be granted until a Building Rules Consent has been obtained. A separate application must be submitted for such consent. No building work or change of classification is permitted until the Development Approval has been obtained.

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2 Boundaries

It is recommended that as the Applicant is undertaking work on or near the boundary, the Applicant should ensure that the boundaries are clearly defined by a Licensed Surveyor, prior to the commencement of any building work.

3 Expiration Time of Approval

Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.


Jake Vaccarella Development Officer – Planning

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

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APPENDIX 2



Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to: (a) provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) provide for passive recreation in an area of natural character close to the metropolitan area; (d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into

the western slopes of the ranges; and (e) ensure that the community is not required to bear the cost of providing services to land within the zone.

Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to: (a) preserve and enhance the natural character or assist in the re-establishment of a natural character in the

zone; (b) limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or

from the Adelaide Plains; (c) not create, either in themselves, or in association with other developments, a potential demand for the

provision of services at a cost to the community; and (d) prevent the loss of life and property resulting from bushfires.

Principle of Development Control 1: Development should not be undertaken unless: (a) it is associated with a low-intensity agricultural activity, a public open space area or a private use of an open

character, or is a detached single-storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment; and

(b) together with associated native landscaping, it preserves and enhances the natural character of the zone or assists in the re-establishment of a natural character.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1 PDC 1

Satisfied.

The development involves the private use of a single existing allotment for residential purposes. The density of the land will not increase as a result of this application.

The development has been designed to a high standard and positioned in such a way as to have minimal visual impact on the natural character of the zone.

Design for Topography PDC 2, 14

Satisfied.

The development requires a relatively minimal degree of earthworks to achieve the proposed outbuilding finished floor level and ensure appropriate mitigation from flood risk.

The proposed dwelling additions work within the existing building footprint and natural topography of the land; thereby the proposal does not require any substantial earthworks.

Building Design and Location

PDC 7–9, 12 Satisfied.

The additions in themselves are relatively modest, comprising a very small area of the land;

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The proposed built form adopts contemporary form and appearance which utilises a unique mix of sympathetic high-quality materials and finishes which are considered to complement the natural landscape of the Hills Face locale whilst minimising its visual prominence from adjoining land;

The development is sited as per the context of the existing dwelling on the site, of which is sited well below the ridgeline and within a valley so as to not readily visible against the skyline; and

The proposed outbuilding replaces an existing outbuilding in a similar location and comprises a well-articulated building which is subordinate to the primary dwelling and fits neatly within this hills face context.

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Applicant: C S McLennan and Pyper Leaker

Location: 446 Glynburn Road, Erindale

Proposal: Land Division (Torrens Title) - creating two (2) allotments from one (1) existing, partial demolition of Local heritage place (stone wall), fill and retaining walls.

Zone/Policy Area: Watercourse Zone




Six (6) representations received

Appeal Opportunity Applicant and third party appeal rights

Reports – Statutory: SA Water

State Commission Assessment Panel

Referrals – Non Statutory: Engineering Services

Asset Services

Tree Management Officer

Arborist Consultant

Local Heritage Consultant



Land Division Consent be granted

Recommending Officer: Jake Vaccarella

REPORT CONTENTS

Assessment report:






Photographs

06 November 2018 CAP report, attachments and minutes

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The applicant seeks Development Plan Consent for the following:

Land division resulting in one additional allotment on the land, with frontage to a secondary road;

Partial demolition of a 3 metre section of a Local heritage place stone wall, to create driveway access to the additional allotment;

Introduction of fill on the site (including moss rock retaining walls) to create a suitable bench level for future development; and

Construction of a 1 metre high retaining wall along a portion of the eastern side boundary. The proposed development also seeks for land division consent, to formalise the proposed new allotment.

2. BACKGROUND

Development Application 180\0575\18 was presented to the Council Assessment Panel (the Panel) on 06 November 2018 with a staff recommendation to grant Development Plan Consent. The Panel resolved to defer the item to afford the applicant an opportunity to consider the following:

Formally seek a permit under Section 221 of the Local Government Act 1999 which would

facilitate an access to the new allotment adjacent to the opening for 1 Rosalind Street or explore the option of an access from Glynburn Road; and

Provide further engineering information in relation to how the proposal can be consistent with Council Wide Principle of Development Control 44.

The applicant has since responded to the reasons for deferral and the application is now presented to the Panel for further consideration.

3. DISCUSSION

In November 2018 the applicant submitted amended drawings to Council as well as additional commentary from a suitably qualified Engineer and Heritage architect which seek to address the matters raised by the Panel.

To address the concerns relating to vehicular access, the applicant has relocated the crossover from the south-western corner of proposed Allotment 34 further east to be sited adjacent the opening in the wall at 1 Rosalind Street, Erindale. The revised location for the partial demolition of a 3 metre wide portion of the heritage wall (Local Heritage Place) ensures the retention and preservation of as much of the original western remnant wall as possible, leaving the longest possible length of the wall intact on the site.

To enable the revised crossover location and accommodate the new opening in the wall, two Council street trees located along the easternmost section of the verge on Rosalind Street would need to be removed. A supplementary internal referral to Council’s Open Space team was undertaken following the November CAP meeting. Upon consideration of the Panel’s deferral comments, the Open Space team confirmed that the removal of the subject street trees would be supported subject to conditions.

The application was also referred to Council’s Technical Officer to review the revised crossover location; raising no objections to the proposal.

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With respect to the second deferral matter, the Panel sought further analysis of how the proposal can be consistent with Council Wide Principle of Development Control 44; specifically, confirmation that the proposed fill and retaining adjacent the watercourse would avoid conflict with the 1 in 100 year return period flood plain.

The applicant responded to this query to providing supplementary commentary from a suitably qualified engineer. The advice received confirms that upon review of the flood plain mapping, the retaining walls as constructed will have no adverse impact on the adjacent watercourse. Council is now satisfied that the proposal adequately demonstrates regard for the intent of Council Wide Principle of Development Control 44.

In consideration of the abovementioned amendments, the applicant is considered to have sufficiently addressed the above matters and reasons for deferral. Support for the proposal is maintained, subject to conditions.

4. RECOMMENDATIONS



2. Development Application 180\0575\18, by C S McLennan and Pyper Leaker is granted

Development Plan Consent subject to the following conditions:

Development Plan Consent Conditions



2 The proposed works to the heritage wall shall be undertaken per the recommendations of the Heritage Impact Statement authored by 'bbarchitects' dated 18 November 2018. Reason:

To ensure the approved opening to the heritage wall is undertaken with care. Land Division Conditions

1 Pursuant to Section 33 of the Development act 1993, it is necessary for the developer to satisfy the following requirements of the SA Water Corporation: • The financial requirements of SA Water shall be met for the provision of water supply

and sewerage services; • On receipt of the developer details and site specifications an investigation will be carried

out to determine if the connections to your development will be standard or non -standard fees; and

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• On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within the boundaries.

Reason: To satisfy the requirements of the SA Water Corporation.

2 Payment of $6830 shall be made into the Planning and Development Fund (1 allotment(s) @ $6830 /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the State Commission Assessment Panel marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person, at Ground Floor, 101 Grenfell Street, Adelaide. Reason:

To satisfy the requirements of the State Commission Assessment Panel.

3 A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the State Commission Assessment Panel for Land Division Certificate purposes. Reason:

To satisfy the requirements of the State Commission Assessment Panel.

Advisory Notes

1 Engineering Notes

Driveway


A minimum driveway width of 3.0 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.


Engineering

With any fill on the site, the applicant must ensure that the fill doesn’t encroach into the 1 in 100 flood plain.

Please note that if filling up of the site to this Floor Level is not allowable from a planning point of view, then the applicant will need to provide driveway grades showing that the driveway grade is no steeper than 1 in 5 with the necessary transitions.

2 Open Spaces Advisory Notes

The removal of the young River Red Gum (Tree ID:33483) is supported at the applicants cost of $924.79 ex GST. The cost includes amenity value of the tree, removal fee and a replacement fee.

At the completion of the development, the existing young Pyrus trees in Rosalind Street will be replaced with a suitable native Eucalypt to maintain the Historical characteristic of the area.

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All Street trees to be protected during development with bunting set 1.5m from the trunk for duration of works.

Crossover to be constructed using Permeable Pavers.

No storing of materials on road verge during construction.

No pruning of street trees.

No vehicles on road verge at any time during development.


For more information on trees adjacent the property, please visit trees.burnside.sa.gov.au and use the above Tree ID number


Jake Vaccarella Development Officer – Planning

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Applicant: C Maiolo

Location: 1 Matilda Street, Eastwood

Proposal: Alterations to existing outbuilding including conversion to habitable building ancillary to the existing dwelling

Zone/Policy Area: Historic Conservation Zone

Historic Conservation Policy Area 2 - Eastwood




Appeal Opportunity None


Referrals – Non Statutory: Technical Officer - Engineering

Delegations Policy: Managers discretionary determination

Recommendation: Development Plan Consent be refused


REPORT CONTENTS

Assessment report:






Photographs

06 November 2018 CAP minutes, report and attachments

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The applicant seeks Development Plan Consent for alterations to an existing 7.6 metres x 3.3 metres outbuilding, including external refurbishments comprising render to existing masonry walls and reroofing of the existing building. Internally, refurbishments comprise the addition of a bathroom and kitchen to convert the outbuilding to a habitable building for use in association with the existing dwelling on the site.

2. BACKGROUND

Development Application 180\0470\18 was presented to the Council Assessment Panel (the Panel) on 06 November 2018 with a staff recommendation to refuse Development Plan Consent. The Panel resolved to defer the matter to afford the applicant the opportunity to address the following:

Provide clarification of the use of the proposed building and its relationship with the existing primary dwelling;

Reconsideration of openings within the building to the adjacent land; and

Clarification regarding car parking deficiency. The applicant has since responded to the above items and the application returns to the Panel for further consideration

3. DISCUSSION

The applicant has responded to the above reasons for deferral via written correspondence prepared by Ms Karina Huddleston of DBH Commercial Lawyers, which is summarised below:

Clarification of the use of the proposed building and its relationship with the existing primary dwelling

The purpose of the application is for the renovation of an existing outbuilding at the southern rear portion of the land;

The existing building is used for storage and is not habitable;

The existing building has masonry walls and a galvanised iron roof;

There is a courtyard between the outbuilding and the primary dwelling;

The intention of the application is to renovate the outbuilding into a studio with bedroom and ensuite to accommodate the owner’s mother-in-law;

The owner’s mother-in-law does not drive a vehicle; and

When the outbuilding is no longer required for accommodation, it is intended to be used as a studio for the owner and family pursue various hobbies, and its use as a bedroom will cease.

Reconsideration of openings within the building to the adjacent lane

The proposal includes fire-proof doors which will allow pedestrian access (and the use of a gopher) from the southern wall of the outbuilding via the laneway to Main Street;

The front door to the outbuilding opens to the courtyard which allows access to the primary dwelling and, through the dwelling, to the front of the property;

There is a 12cm clearance between the existing outbuilding and the southern boundary line;

The proposed fire-proof doors open inwards and therefore do not encroach onto the public road or into the neighbouring property; and

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There are other examples of properties with direct access to public roads, for example the northern wall of the primary dwelling has access directly to a public road.

Clarification regarding car parking deficiency

The intended use of the proposed development will not increase the burden of car parking;

Confirm that the existing primary dwelling consists of three bedrooms and a study as per the plans approved in 1993;

The room identified as a study does not have close or convenient access to bathroom facilities and was designed for specific use as a study;

The Council staff have suggested that our client may use the study as a fourth bedroom and that therefore the proposed development would increase the number of bedrooms on our client’s property to five.;

Disagree that this is the correct approach to the application of Principle 181. Section 44(3)(b) of the Development Act requires that a person who has the benefit of a development must ensure that the development is used, maintained and operated in accordance with any plans, drawings, specifications or other documents submitted to a relevant authority;

Affirm that to ‘reasonably’ use the study as a bedroom would be ‘unlawful’; The location of a pool pump close to the study precludes its use as a bedroom; and

The garage is capable of being used to park three vehicles.

As per the November 2018 report, Council is not concerned with the refurbishment of the existing outbuilding, or the use to house the applicant’s mother-in-law, as it has no change in building footprint, siting or height, where he internal changes involve the conversion of the building into a space that is capable of habitation, is of a modest size and scale, and intended for a domestic purpose that could reasonably be expected within a residential area.

The proposed works which involve the external refurbishments of an existing outbuilding, including render and paintwork and reroofing, have no direct impact on the character and amenity of the locality, given the location of the building to the rear of the site. Should the public road be reinstated for its function, the setback of the building is a substantial distance from its intersection with Main Street, such that it would not be a visually prominent feature of the streetscape. With respect to the fire-rated doors, it is acknowledged that other scenarios may be apparent within the locality. As previously discussed in the November 2018 report, this aspect requires assessment against the BCA.

Whilst the applicant affirms that it would unlawful to use the study for any other purpose, the Burnside (City) Development Plan refers to “rooms that can reasonably be used as bedrooms”

for the purposes of determining off-street car parking rates. Council is not of the opinion that it is an improper interpretation of the provision, nor is it contrary to Section 44(3)(b) of the Act. Irrespective, it is considered that the site requires three off-street car parking spaces. The applicant has confirmed in writing and with photos, that the garage is capable of containing three vehicles. The approved dwelling plans and photos have been reviewed by Council’s Technical Officer who has concluded that the photos provided lack context, and whilst it is clear they can fit within the garage space, the dimensions of the garage are of a size for two vehicles.

The applicant is considered to have sufficiently addressed the above matters and reasons for deferral, however from an assessment perspective, the original recommendation is maintained.

4. RECOMMENDATIONS


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2. Development Application 180\0470\18, by C Maiolo is refused Development Plan

Consent for the following reasons: 3.

The proposed development is at variance with the following provisions of the Burnside (City) Development Plan:

1. Council Wide Objective 30 as it relates to adequate parking of vehicles. 2. Council Wide Principle of Development Control 106 as it relates to the provision

of parking at prescribed rates. 3. Council Wide Principle of Development Control 107 as it relates to the provision

of parking having regard to the nature and scale of development activities and the availability of on street parking

4. Council Wide Principle of Development Control 180 as it relates to off-street car parking.



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