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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 1 September 2015 AGENDA BUSINESS ITEM 8.1 Applicant: David Mansfield Landowner: D J & T S Mansfield Agent: Julie Jansen Masterplan Ward: Manoah Development Application: 15/239/473 Originating Officer: Vanessa Nixon Application Description: Single storey dwelling, retaining walls (maximum height 3m), 3 x water storage tanks (2 x 40.9kL & 1 x 30kL) & associated earthworks (non-complying) Subject Land: Lot:49 Sec: P977 FP:151349 CT:5848/416 General Location: 13 Upper Sturt Road Crafers West (Refer to Locality Plan Attachment 1) Development Plan Consolidated : 9 January 2014 Maps AdHi/27 and 71 Zone/Policy Area: Watershed (Primary Production) Zone - Rural Landscape Policy Area Form of Development: Non-complying Site Area: 4990m 2 Public Notice Category: Category 3 Non Complying Notice published in The Advertiser on 24 July 2015 Representations Received: One Representations to be Heard: Nil 1. EXECUTIVE SUMMARY The purpose of this application is to obtain consent for the construction of a single-storey dwelling with associated water storage tank and fencing. The subject land is located within the Watershed (Primary Production) Zone - Rural Landscape Policy Area and is a non-complying form of development, due to the natural slope of the effluent dispersal area exceeding a slope of 1 in 5. One representation in support of the proposal was received during the Category 3 public notification period. The proposed construction of a single-storey dwelling in the area already cleared of vegetation is considered the most suitable location for the proposal. Although the dwelling site is located on the ridgeline, the design and location are considered appropriate, given the topography of the land and the existing vegetation elsewhere on the land. As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non- complying development. The main issues relating to the proposal are pollution risk to the Watershed, visual impacts and bushfire risk. Following an assessment against the relevant zone and Council Wide provisions within the Development Plan, staff recommends that CONCURRENCE from the Development Assessment Commission be sought to GRANT Development Plan Consent.

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Page 1: COUNCIL DEVELOPMENT ASSESSMENT PANEL ......2015/09/01  · Council Development Assessment Panel Meeting – (1 September 2015) Mansfield 15/239/473 3 The applicant (or their representative

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING

1 September 2015

AGENDA

BUSINESS ITEM – 8.1

Applicant: David Mansfield

Landowner: D J & T S Mansfield

Agent: Julie Jansen – Masterplan Ward: Manoah

Development Application: 15/239/473 Originating Officer: Vanessa Nixon

Application Description: Single storey dwelling, retaining walls (maximum height 3m), 3 x water storage tanks (2 x 40.9kL & 1 x 30kL) & associated earthworks (non-complying)

Subject Land: Lot:49 Sec: P977 FP:151349 CT:5848/416

General Location: 13 Upper Sturt Road Crafers West

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9 January 2014

Maps AdHi/27 and 71

Zone/Policy Area: Watershed (Primary Production) Zone - Rural Landscape Policy Area

Form of Development: Non-complying

Site Area: 4990m2

Public Notice Category: Category 3 Non Complying Notice published in The Advertiser on 24 July 2015

Representations Received: One

Representations to be Heard: Nil

1. EXECUTIVE SUMMARY

The purpose of this application is to obtain consent for the construction of a single-storey dwelling with associated water storage tank and fencing.

The subject land is located within the Watershed (Primary Production) Zone - Rural Landscape Policy Area and is a non-complying form of development, due to the natural slope of the effluent dispersal area exceeding a slope of 1 in 5. One representation in support of the proposal was received during the Category 3 public notification period.

The proposed construction of a single-storey dwelling in the area already cleared of vegetation is considered the most suitable location for the proposal. Although the dwelling site is located on the ridgeline, the design and location are considered appropriate, given the topography of the land and the existing vegetation elsewhere on the land.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issues relating to the proposal are pollution risk to the Watershed, visual impacts and bushfire risk.

Following an assessment against the relevant zone and Council Wide provisions within

the Development Plan, staff recommends that CONCURRENCE from the Development

Assessment Commission be sought to GRANT Development Plan Consent.

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2. DESCRIPTION OF THE PROPOSAL

The proposal is for the following:

Single-storey dwelling with total floor area of 293m2

consisting of:

o Three bedrooms, office, home theatre, kitchen, dining/family room, double garage and associated amenities.

o Setbacks of 27m from front boundary, 70m from rear boundary, 2.7m from northern and 4.2m from southern boundaries.

o Limestone bricks, charcoal colorbond ® roof.

o Gabion rock filled retaining walls (maximum height 3m) and associated earthworks (3m cut, 2.5m fill).

o 2 x 40,950l domestic water storage tank.

o 1 x 30kL firefighting water storage tank.

o Minimal native vegetation clearance.

o Engineered effluent dispersal area with finished ground level of 1 in 5.

The proposed plans are included in Attachment 2.

3. HISTORY

Nil

4. REFERRAL RESPONSES

CFS The CFS have no objection to the proposal and have recommended a group of standard conditions for a BAL 40 rating (refer conditions 5 to 8).

A copy of the referral response is included as Attachment 3.

AHC EHU Council’s Environmental Health Officer has granted approval to install a waste water treatment system (refer 15/W41/473) with benched areas attaining a gradient of no more than 1 in 5.

Note Although the proposal is non-complying development within the Watershed (Primary Production) Zone, as the site is outside of the Mount Lofty Ranges Water Protection Area no referral to the EPA is applicable for the proposal under Schedule 8 of the Development Regulations 2008.

5. CONSULTATION

The application was categorised as a Category 3 form of development in accordance with Section 38(2)(c) of the Development Act 1993 requiring formal public notification and a public notice. One (1) representation was received in support of the proposal from the adjacent property owners.

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The applicant (or their representative – Julie Jansen) may be in attendance.

The issues contained in the representation can be briefly summarised as follows:

Request for the boundary between 11 and 13 to be surveyed

Request for care to be taken to preserve the root system of the large old tree on 11 Upper Sturt Road.

These issues are discussed in detail in the following sections of the report.

A copy of the submission is included as Attachment 4 and the applicant’s response to

this is provided in Attachment 5.

6. PLANNING & TECHNICAL CONSIDERATIONS

This application has been evaluated in accordance with the following matters:

i. The Site’s Physical Characteristics The subject land is 4990m² in area and is irregular in shape, with a frontage to Upper Sturt Road of 104.11m. The subject land is devoid of buildings and contains dense vegetation to the south and east of the ridge line. The ridge line is a flat area where the dwelling is proposed and is also denuded of vegetation. The subject land is one of three located along the ridgeline above the Sturt Valley. The eastern portion of the allotment is very steep and heavily vegetated with native vegetation and woody weeds. Access to the subject land is via an existing right of way over allotments 47 and 48 to the north, which also includes the constructed entry and exit point to/from Upper Sturt Road.

ii. The Surrounding Area

The surrounding area is characterised by residential rural living on large allotments. The land is steep and any primary production activity is restricted to small-scale hobby farm type grazing. The Knoll Conservation Park is located to the north-east. The valleys are very steep and covered in dense vegetation that includes both native and woody weeds. The adjoining allotments are currently undeveloped however planning consent has been issued for a single-storey dwelling on lot 48.

iii. Development Plan Policy considerations

a) Policy Area/Zone Provisions The subject land lies within the Rural Landscape Policy Area of the Watershed (Primary Production) Zone and these provisions seek: Rural Landscape Policy Area - rural living in localities where allotments are small;

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- a scenically attractive rural character - minimisation of fire risk - buildings should be of a high standard with respect to external

appearance, choice of materials and colours to blend with, preserve and enhance the character and amenity of the locality

The following are considered to be the relevant Policy Area provisions: Objectives: 1 and 6 PDCs: 2 and 6 The Watershed (Primary Production) Zone - preservation of primary production - preservation and restoration of remnant native vegetation - enhancement of the amenity and landscape for the enjoyment of

residents and visitors The following are considered to be the relevant Zone provisions: Objectives: 4 and 5 PDCs: 1, 2, 3, 9, 10, 11, 14, 15, 16, 23, 29, 30, 37, 39 and 70 Accordance with Zone The policy area envisages rural living on the smaller allotments and those not suitable for primary production within the primary production zone whilst retaining the scenic attractiveness of the locality. The proposed development is within a parcel of land clearly not suitable for primary production due to size and topography, therefore the proposal satisfies Policy Area Objectives 1 and 2, and PDC 2. Policy Area Objective 6 states the minimisation of fire risk needs to be taken into account as part of the development assessment. The CFS has assessed the application as having a BAL 40 rating. The proposed location is considered to be the safest location on the land for a dwelling and together with the recommended conditions from the CFS, the proposal satisfies Objective 6 to minimise any potential fire risk. Form of Development The proposal is for a single-storey dwelling on a reasonably sized rural residential allotment in the Watershed (Primary Production) zone. The overall vertical height of the building will be approximately 6 metres, with wall heights of 2.7m. The allotment is located on the high side of Upper Sturt Road with the development site at the top of the ridgeline. At least half of the dwelling site is proposed to be excavated to a maximum depth of 3m. This will reduce the impact of the building on the ridgeline, however fill of up to 2.5m is also proposed. PDC 1 states buildings should be unobtrusive and located below the ridgeline. However due to the topography of the land it would not be possible for the applicant to locate their dwelling elsewhere on the allotment. To do so would result in the significant loss of remaining native vegetation and extensive excavation for access tracks to service a less prominent site.

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The proposed dwelling is to be located approximately 28m east of the Upper Sturt Road boundary. The garage is setback approximately 27m to the same boundary and forward of the dwelling. The proposed gabion rock retaining walls are located on the northern and southern boundaries. The footprint of the proposed dwelling site is denuded of vegetation in comparison to other parts of the allotment. Denser vegetation is present along the road reserve of Upper Sturt Road. CFS conditions will restrict the potential to plant additional screening vegetation within thirty metres of the dwelling. PDCs 2 and 11 also discuss building design. Buildings should be unobtrusive, and not detract from the desired natural character, in particular the profile and mass of buildings and by using variations in roof and wall lines. The single –storey building, with a vertical height of 6m, has variations in the roof and wall lines to create shadows. The proposal will have limited opportunity to increase vegetative screening, due to the requirements of the CFS. The proposal is considered to partially address PDCs 2, 11 and 30 relating to low profile buildings, impairing the character of the locality and clearance of native vegetation. The driveway follows the contours of the land and therefore complies with PDC 9. Residential Development The proposal is for the dwelling to be located in an area primarily denuded of vegetation, thereby meeting PDCs 23 and 30. b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):

The maintenance and enhancement of the natural resources of the south Mount Lofty Ranges.

The long-term sustainability of rural production in the south Mount Lofty Ranges.

The preservation and restoration of remnant native vegetation in the south Mount Lofty Ranges.

The enhancement of the amenity and landscape of the south Mount Lofty Ranges for the enjoyment of residents and visitors.

The following are considered to be the relevant Council Wide provisions: Objectives: 1, 4, 20, 21, 29, 70, 78, 87, 88, 106, PDCs: 1, 2, 3, 6, 7, 12, 15, 18, 22, 23, 24, 25, 43, 76, 82, 205, 229, 233,

300, 301 and 307 Form of Development See above discussion in relation to the Policy and Zone assessment. The proposal is considered to generally accord with Objective 4 and PDCs 1, 2, 9, 13 and 23. Appearance of Land and Buildings

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PDC 229 and 230 states development should take place in a manner, which will minimise alteration to the existing landform and not be visible from surrounding localities. To reduce the visual impact of the proposed single-storey dwelling the applicant are planning to undertake extensive earthworks on the site. In consideration of the site constraints and that the extent of the earthworks are not likely to be highly visible from Upper Sturt Road it is not considered to be detrimental to the locality. The proposal is considered partly consistent with PDCs 229 and 230. As discussed previously the proposal is for a single-storey dwelling with a maximum overall height of 6m partially recessed into an excavated site on the ridgeline above Sturt Valley. The proposal will be partly visible from across the valley, as will other dwellings approved in this section of Upper Sturt Road. Within the locality are a number of rural residential allotments with dwellings of similar bulk and scale which reflect varying degrees of unobtrusiveness as the one proposed. In addition, this report has highlighted the complexities associated with development on the subject land, particularly in relation to the visual amenity, retention of screening vegetation, earthworks and bushfire management. Taking into account other dwellings in the locality the proposed development is not out of character, albeit it does not satisfy a number of elements of the development plan. Taking all this into account the proposal satisfies PDC 245. Conservation The applicant has received consent to install an onsite effluent management system therefore the proposal complies with PDC 216. Stormwater Management & any potential for Flooding, Subsidence or Erosion of the land All stormwater from the site is to be directed to onsite water storage tanks located below the alfresco area for domestic reuse. A Soil Erosion & Drainage Management plan is recommended as a condition to be imposed on any consent (refer recommended condition 10.) Water Supply & Effluent Disposal Approval has been obtained from Council’s Environmental Health Department for an onsite waste control system and as such the proposed dwelling should not have any significant adverse pollution impacts.

It is also important to note that although the site is within the Watershed (Primary Production) Zone in the Development Plan, it is actually located outside of the Mount Lofty Ranges Water Protection Area. As such, from an environment/pollution perspective it is considered that the site is of lower risk of potential pollution to water supplies than land within the Water Protection Area.

No mains water service is available to the site. All domestic water and firefighting water supply will be via the proposed water storage tanks.

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The proposal is therefore considered to accord with PDCs 12 and 20.

Transportation issues The proposal is to continue using the existing access point onto Upper Sturt Road. DPTI has previously inspected the access point and has deemed vehicles shall only enter and exit the land using left turns for safety due to sight lines and double barriers lines, which legally restricts right turns. PDC 41(b) states that the construction of access ways onto public roads should be in a safe and convenient location. The restriction to left in and left out will ensure safety is maintained and therefore the proposal will satisfy PDC 41(b). Refer to recommended conditions 2 and 3 in this regard. PDC 43 relates to access and development on a site not causing interference with the free flowing traffic on the adjoining road. The left in left out restriction will assist in maintaining traffic movements and is unlikely to impede traffic. The proposal satisfies PDC43. The proposed development includes vehicle-manoeuvring areas within the allotment, which ensures all vehicles can safely enter and exit the land in a forward direction. This will ensure safety and not interfere with other road users at all times and therefore complies with PDC 58.

Fire Protection issues See above discussion in relation to the Policy and Zone assessment.

Vegetation & Land Management

As discussed above.

Environmental/Public Health issues No issues.

Construction issues A Soil, Erosion and Drainage Management Plan is recommended as a

condition of approval to be provided prior to full development approval being issued (refer recommended condition 10). It is recommended soil is removed from the site to avoid damage to native vegetation.

7. SUMMARY & CONCLUSION

The proposed construction of a single-storey dwelling in the area already cleared of vegetation is considered the most suitable location for the proposal. Although the dwelling site is located on the ridgeline, the single-storey design and location are considered appropriate, given the topography of the land and the existing vegetation elsewhere on the land.

The proposal is sufficiently consistent with the relevant provisions of the Development Plan, despite its non-complying nature, and it is considered the proposal is not seriously at variance with the Development Plan. In the view of staff, the proposal has sufficient merit to warrant consent. Staff therefore recommends that CONCURRENCE from the Development Assessment Commission be sought to GRANT Development Plan Consent, subject to conditions.

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8. RECOMMENDATION

That the Council Development Assessment Panel considers that the proposal is

not seriously at variance with the relevant provisions of the Adelaide Hills

Council Development Plan, and seeks the CONCURRENCE of the Development

Assessment Commission to GRANT Development Plan Consent to Development

Application 15/239/473 by David Mansfield for a single storey dwelling, retaining

walls (maximum height 3m), 3 x water storage tanks (2 x 40.9kL & 1 x 30kL) &

associated earthworks (non-complying) at 13 Upper Sturt Road, Crafers West

subject to the following conditions:

1. Development In Accordance With The Plans

The development herein approved shall be undertaken in accordance with the

following plans, details and written submissions accompanying the application,

unless varied by a separate condition:

- plans and details received by the Council on 24 August 2015

- Masterplan Statement of Effect received by the Council on 21 July 2015

REASON: To ensure the proposed development is undertaken in accordance with the

approved plans.

2. Vehicle Turning Area

A vehicle turning area shall be provided within the surveyed property boundaries, to

facilitate the forward entry and exit of vehicles to and from the land. This turning area

shall be substantially completed prior to occupation of the development.

REASON: To reduce interference with the free flow of traffic on adjoining roads.

3. Access to and from the site

All access shall be strictly limited to left in and left out movements

REASON: To ensure safe access and egress to Upper Sturt Road.

4. External Finishes

The external finishes to the building herein approved shall be as follows.

WALLS: Limestone bricks

ROOF: charcoal colorbond ® or similar

REASON: The external materials of buildings should have surfaces which are of a low

light-reflective nature and blend with the natural rural landscape and minimise visual

intrusion.

5. CFS Access Requirements

ACCESS (to dwelling)

The Code Part 2.3.3.1 describes the mandatory provision for ‘Private’ roads and

driveways to buildings, where the furthest point to the building from the nearest

public road is more than 30 metres, shall provide safe and convenient access/egress

for large Bushfire fighting vehicles.

- The dimensions of the proposed turn-around shall comply with the Code Part

2.3.3.1

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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:

o Provision shall be made adjacent to the dedicated fire-fighting water supply

outlet for a 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.

NOTE 1: The dedicated fire-fighting water supply outlet may be located remote from the water storage facility to enable appropriate accessibility for fire-fighting services.

NOTE 2: The vertical distance from the base of the storage facility to the top of the remote outlet shall not exceed 5m.

REASON: To provide safe access to properties in the event of a bushfire.

6. CFS Vegetation/Landscaping

VEGETATION

The Code Part 2.3.5 describes the mandatory provision for landscape planning

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.

- This shall be achieved by establishing and maintaining a VEGETATION

MANAGEMENT ZONE (VMZ) around each building –

- The VMZ shall comprise 3 zones > zone A: 0 – 2m, zone B: 2 – 20m, zone C:

20 – 30m;

ZONE A (0 – 2 metres): All understorey vegetation within 2 metres of the dwelling

shall be removed. Grasses within this zone shall be reduced to a maximum height

of 10cms during the Fire Danger Season.

Understorey is defined as plants and bushes up to 2m height.

ZONE B (2 – 20 metres or to the property boundaries – whichever comes first):

Trees and shrubs shall not be planted closer to the building than the distance

equivalent to their mature height. The number of understorey plants within this

zone shall be reduced to or maintained such that when considered overall a

maximum coverage of 30% is attained, and so that the leaf area of shrubs within

this area is not continuous. Careful selection (or modification) of the existing

vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity of

vegetation and privacy and yet achieve the “overall maximum coverage of 30%”.

Grasses within this zone shall be reduced to a maximum height of 10cms during the

Fire Danger Season.

ZONE C (20 – 30 metres or to the property boundaries – whichever comes first): The

number of understorey plants within this zone shall be reduced to or maintained

such that when considered overall a maximum coverage of 50% is attained, and so

that the leaf area of shrubs within this area is not continuous. Careful selection (or

modification) of the existing vegetation will permit the ‘clumping’ of shrubs where

desirable, for diversity of vegetation and privacy and yet achieve the “overall

maximum coverage of 50%”. Grasses within this zone shall be reduced to a

maximum height of 10cms during the Fire Danger Season.

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

REASON: To minimise the threat and impact of bushfires on life and property.

7. CFS Water Supply

WATER SUPPLY

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The Code Part 2.3.4.1 mandates a dedicated and accessible water supply to be

made available at all times for fire-fighting.

Ministers Specification SA78 prescribes 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 22000 litres of water shall be available at all times for

bushfire fighting purposes.

- The dedicated fire-fighting water supply shall be clearly identified and shall be

accessible to fire-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

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.

REASON: To minimise the threat and impact of bushfires on life and property.

8. CFS Conditions To Be Completed Prior To Occupation

The Country Fire Service Bushfire Protection Conditions shall be substantially

completed prior to the occupation of the building and thereafter maintained in good

condition.

REASON: To minimise the threat and impact of bushfires on life and property.

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9. Stormwater Roof Runoff To Be Dealt With On-Site

All roof runoff generated by the development hereby approved shall be treated on-

site to the satisfaction of Council using design techniques such as:

- Rainwater tanks

- Grassed swales

- Stone filled trenches

- Small infiltration basins

Stormwater overflow management shall be designed so as to not permit trespass

into the effluent disposal area. Stormwater should be managed on site with no

stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure no ponding of

stormwater resulting from development occurs on adjacent sites.

10. Prior to Building Rules Consent Being Granted - Requirement for Soil Erosion And

Drainage Management Plan (SEDMP)

Prior to Building Rules Consent being granted the applicant shall prepare and

submit to Council a Soil Erosion and Drainage Management Plan (SEDMP) for the

site for Council’s approval. The SEDMP shall comprise:-

• a major drainage plan,

• a site plan,

• supporting report,

• calculations,

• design sketches with details of erosion control methods that will prevent:

a. soil moving off the site during periods of rainfall and detail installation of

sediment collection devices to prevent the export and sediment from the

site; and

b. erosion and deposition of soil moving into the remaining native vegetation

below the house site; and

c. soil moving into watercourses during periods of rainfall; and

d. soil transfer onto roadways by vehicles and machinery

The works contained in the approved SEDMP shall be implemented prior to

construction commencing and maintained to the reasonable satisfaction of Council

during the construction period.

It is recommended that excess soil be removed from the site.

REASON: Development should prevent erosion and stormwater pollution before, during and

after construction.

1. DEVELOPMENT PLAN NOTES RELATING TO

DEVELOPMENT APPLICATION No. 14/890/473

1. Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12) months

commencing from the date of the decision (or if an appeal has been commenced

the date on which it is determined, whichever is later). Building Rules Consent

must be applied for prior to the expiry of the DPC, or a fresh development

application will be required. The twelve (12) month time period may be further

extended by Council agreement following written request and payment of the

relevant fee.

2. DEWNR Native Vegetation Council

The applicant is advised that any proposal to clear, remove limbs or trim native

vegetation on the land, unless the proposed clearance is subject to an exemption

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under the Regulations of the Native Vegetation Act 1991, requires the approval of

the Native Vegetation Council. The clearance of native vegetation includes the

flooding of land, or any other act or activity that causes the killing or destruction of

native vegetation, the severing of branches or any other substantial damage to

native vegetation. For further information visit:

www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_veg

etation

Any queries regarding the clearance of native vegetation should be directed to the

Native Vegetation Council Secretariat on 8303 9777. This must be sought prior to

Full Development Approval being granted by Council.

3. CFS Bushfire Attack Level

Compliance with the fire protection requirements is not a guarantee the dwelling

will not burn, but its intent is to provide a “refuge” from the approach, impact and

passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 40.

Buildings shall incorporate the construction requirements for buildings in Bushfire

Prone areas in accordance with the Building Code of Australia Standard AS3959

“Construction of buildings in bushfire prone areas”.

4. Works On Boundary

The development herein approved involves work within close proximity to the

boundary. The onus of ensuring development is in the approved position on the

correct allotment is the responsibility of the land owner/applicant. This may

necessitate a survey being carried out by a licensed land surveyor prior to the work

commencing.

5. EPA Environmental Duty

The applicant is reminded of his/her general environmental duty, as required by

Section 25 of the Environment Protection Act 1993, to take all reasonable and

practical measures to ensure that the activities on the whole site, including during

construction, do not pollute the environment in a way which causes, or may cause,

environmental harm.

9. ATTACHMENTS 1. Locality Plan 2. Proposal Plans and Details 3. CFS Response 4. Representation 5. Applicant’s response to representation

Respectfully submitted Concurrence

___________________________ _______________________________

Vanessa Nixon Deryn Atkinson

Acting Manager Development Services Acting Director Strategy & Development

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ATTACHMENT 1

LOCALITY PLAN

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ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

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ATTACHMENT 3

CFS RESPONSE

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ATTACHMENT 4

REPRESENTATION

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ATTACHMENT 5

RESPONSE TO REPRESENTATION

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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING

1 September 2015

AGENDA

BUSINESS ITEM – 8.2

Applicant: Drew Edwards Developments

Landowner: T D Williamson & M J Watson

Agent: Drew Edwards Developments Ward: Marble Hill

Development Application: 15/101/473 Originating Officer: Tom Victory

Application Description: Single storey detached dwelling, deck (maximum height 2.5m) & associated earthworks (non-complying)

Subject Land: Lot:120 Sec: P1064 DP:80948 CT:6050/343

General Location: 212 Norton Summit Road, Norton Summit

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9th

January 2014

Map AdHi/3

Zone/Policy Area: Hills Face Zone

Form of Development: Non-complying

Site Area: 2639 m²

Public Notice Category: Category 3 Notice published in The Advertiser on 24

th

July 2015

Representations Received: Nil

1. EXECUTIVE SUMMARY

The purpose of this application is to seek consent to construct a dwelling with associated deck and earthworks.

The subject land is located within the Hills Face Zone and is a non-complying form of development as some portions of the external walls exceed a height of 3m to finished ground. No representations were received during the Category 3 public notification period.

It should be noted that the CDAP previously approved a larger dwelling on the same land at its meeting on 3 June 2014. That approval however did not eventuate and the land has since been sold to another party. As such, a new application has been lodged on behalf of the new owners with a different, smaller house design in generally the same location as that previously approved.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issues relating to the proposal are visual impacts, bushfire risk and vehicular access.

Following an assessment against the relevant zone and Council Wide provisions within

the Development Plan, staff are recommending that CONCURRENCE from the

Development Assessment Commission be sought to GRANT Development Plan Consent.

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2. DESCRIPTION OF THE PROPOSAL

The proposal is for the following:

A single-storey detached dwelling with three bedrooms, lounge, kitchen, two bathrooms and double garage under the main roof

Attached deck up to 2.5m in height

Domestic dog run at rear of dwelling

The roof is to be made of Kingklip Steel in Colorbond® Monument colour and walls will

consist of rendered Hebel in in Colorbond® Dune finish

A CFS compliant turn around area is to be provided on site with a CFS fire hydrant located adjacent to the turnaround

Wall height is to be 2.7m, with overall height to finished ground level being a maximum of 4.8m.

An existing 90,000 litre water storage tank is to be utilised for domestic water supply, with 30,000 litres being partitioned for the dedicated firefighting supply

Associated earthworks including excavation to maximum depth of approximately 1m and up to approximately 1.2m fill on the southern end of the dwelling.

The proposed plans are included in Attachment 2.

3. HISTORY

1 July, 2008 DA 07/D62/473 Council approved a boundary re-alignment

which created Allotment 120 (site of current dwelling application).

14 July, 2014 DA 13/96/473 CDAP granted Development Plan Consent

for a dwelling, with associated deck, carport and earthworks – Application subsequently cancelled at request of applicant following sale of land

4. REFERRAL RESPONSES

CFS The CFS has rated the site as Bushfire Attack Level Flame Zone however has no objection to the proposal subject to a group of standard conditions relating to access, water supply and vegetation management (refer recommended conditions 5 to 7).

A copy of the referral response is included as Attachment 3.

DPTI Stated that although the relevant sight lines for vehicles travelling along Norton Summit Road, will not be met at the access point to the site, the Department will tolerate the vehicle access point for the development provided a left- in and left-out access is provided and the double barrier lines on the road immediately adjacent the access point should be closed to facilitate this. It also recommended a number of other conditions to ensure safe and convenient access into and out of the site. The applicant has agreed in writing to undertake these conditions

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(refer recommended conditions 10 to 14).

A copy of the referral response is included as Attachment 4.

AHC EHU Council’s Environmental Health Officer has granted approval to install an on-site waste control system (Wastewater Application 13/W32/473). The location of the aerobic tank and wastewater dispersal area are displayed in the Site Plan in this development application.

5. CONSULTATION

The application was categorised as a Category 3 form of development in accordance with Section 38(2)(c) of the Development Act, 1993 requiring formal public notification and a public notice. No representations were received.

6. PLANNING & TECHNICAL CONSIDERATIONS

This application has been evaluated in accordance with the following matters:

i. The Site’s Physical Characteristics The subject land is located approximately 300m north-west of the main intersection at Norton Summit. It is an irregular shaped allotment with an area of 2639m² and has a 70.35m frontage to Norton Summit Road. The allotment contains an existing bituminised access point from Norton Summit Road in the south-eastern corner. The land is relatively steep, dropping approximately 11m from the road frontage to the western (rear boundary), although there is a flatter strip of land where the dwelling is being proposed. There is a 90,000 litre water storage tank (partially underground) located near the western boundary. The site of the proposed building work is generally clear of vegetation apart from some small non-native trees/shrubs. The site is visible to and from the Adelaide Plains.

ii. The Surrounding Area

The locality is typified by a mix of horticultural, rural living and primary production uses on highly sloping land and large allotments. Land to the west generally comprises horticulture with rural living uses generally to the east.

iii. Development Plan Policy considerations

The subject land lies within the Hills Face Zone and these provisions seek: 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 Plain 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;

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(d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into the western slopes of the Mount Lofty Ranges; and (e) ensure that the community is not required to bear the cost of providing services to land within the zone. 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 Plain; (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.

The following are considered to be the relevant Zone provisions: Objectives - 1, 2 Principles of Development Control - 1, 2, 3, 4, 7, 8, 9, 10, 22, 24, 26 Visual Impacts Although the proposal exceeds the non-complying trigger of a wall height exceeding 3m above the finished ground level, overall it is considered that the proposed dwelling has been suitably designed so as to minimise potential visual impacts and generally address the sloping nature of the site. By utilising a skillion roof with a 1 degree pitch the overall height of the dwelling should not be substantial, and the roof height should be below the level of Norton Summit Road. By utilising a wide, thin design which is to be orientated generally parallel with the contours of the land, this minimises the amount of earthworks required and thus reduces the modification of the land. The site of the dwelling is also on a slightly flatter portion of the allotment. It is noted, that if the proposal were to fill the underfloor of the dwelling, this may have avoided the non-complying categorisation (by raising the ‘finished ground level) but would have required more artificial modification of the land, which may have be an inferior outcome to what is actually proposed. The applicant has stated that it prefers not to clad the underfloor area of the dwelling, stating that “the elevated floor is fully non-combustible and has had no issue from CFS in the past. A visible “shadow line” is also likely to present from the Adelaide Plain as a building of lesser bulk and scale. Vegetation in the foreground will also help to blend the design to the terrain”. The above approach is generally agreed with by staff, particularly noting that cladding the underfloor area may add to the vertical mass of the dwelling and as such may be inferior from a visual impact point of view. The application will

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be required to accord with Building Code requirements for a Flame Zone categorisation regardless. It is considered that the proposed colours and finishes should be generally appropriate and adequately accord with relevant Hills Face Zone policies. A detailed landscaping plan is recommended to be provided prior to the issue of Building Rules Consent (see recommended Condition 16).

Overall, although the site is visible from the Adelaide Plains, given all the above, the application is considered to generally accord with Objectives 1 and 2 and PDCs 1, 2, 3, 7, 8 and 14.

Preservation of Native Vegetation

The proposal should not require the removal of native vegetation of any significance. It appears that some small non-native shrubs and trees exist in and around the proposed building site. The associated waste control system approval indicates that wastewater soakage areas are proposed to be located around some large trees in the south-western corner of the allotment, but these should not be impacted. The application should generally therefore address Objective 1 and PDCs 3, 7, 22 and 23 Demands on services with costs borne by the community No costs of any significance to the community should arise from the proposal as the dwelling shall generally be self-sufficient in terms of on-site water supply and wastewater management. The applicant shall be responsible for the costs of creating double barrier lines adjacent the entrance to the site on Norton Summit Road (to restrict access as per the DPTI comments). The proposal generally therefore accords with Objectives 1 and 2 and PDCs 9 and 10.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):

Orderly and economic development

Safe and convenient vehicle movements

Protection of primary production land/activities

Protection of native vegetation

Appropriate stormwater management and minimisation of pollution impacts to water resources

Minimisation of visual impacts on the landscape

Minimisation of bushfire risk.

The following are considered to be the relevant Council Wide provisions: Objectives: 1, 4, 5, 6, 11, 14, 18, 20, 21, 58, 61, 62, 68, 70, 72, 73, 76, 77, 78, 81, 87, 88, 90, 106, 107, 119, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130 and 131

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PDCs: 1, 2, 3, 4, 6, 7, 9, 12, 13, 15, 16, 18, 19, 20, 22, 23, 24, 25, 41, 43, 44, 45, 46, 48, 56, 58, 59, 72, 79, 80, 82, 87, 88, 89, 91, 161, 174, 202, 203, 205, 209, 210, 212, 213, 214, 216, 217, 228, 229, 230, 231, 232, 233, 234, 235, 239, 244, 245, 248, 249, 300, 301 303, 306, 307, 350, 351, 354, 358, 359, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 378, 379, 384 and 385

Orderly and economic development The subject land has appropriate access to a well-made, all-weather road, access to water and other infrastructure such as electricity and telecommunication services. The subject allotment would not be suitable for most uses apart from rural living as proposed. Primary production and horticulture would most likely be unviable due to the size of the allotment. The proposal is therefore considered to accord with Objectives 1, 58 and 81 and PDCs 1, 2, 3, 4, 6, 12, 14, 24, 25 and 161.

Safe and convenient vehicle movements The proposal is to utilise an existing access point from Norton Summit Road, which has previously been considered (and deemed appropriate) by Council and DPTI through the previous dwelling application (13/96/473). DPTI has stated that, although not meeting sight line distances, the existing access point to be utilised is tolerated subject to a number of conditions being implemented. The existing access is already bituminised and has a relatively flat hard stand area for vehicles to sit and observe traffic before entering the carriageway. The applicant will be required to extend the double lines on the road adjacent the access so as to restrict it to being only left in, left out. This should maximise safety. Appropriate CFS access via a compliant turnaround area is proposed, enabling vehicles to be able to enter and exit the site in a forwards direction, including in and out of the proposed garage. As such, the application is considered to sufficiently accord with Objectives 11, 14, 20 and 21 and PDCs 41, 42, 43, 44, 48, 50, 56, 58, 59 and 60.

Protection of primary production land/activities The proposal should not have a detrimental impact on the potential for primary production/horticultural activities given the relatively small size of the allotment and also that the proposed dwelling should be sufficiently setback from such existing uses in the locality. Due to the existence of horticultural uses adjacent the subject land, it is however recommended that, as an abundance of caution, a vegetated buffer around the northern, western and southern boundaries of the site be required via a condition of approval to ensure any potential impacts from horticultural uses (such as spray drift) is minimised (refer recommended Condition 15). The application is generally considered to accord with Objectives 5, 6, 61 and 62 and PDC 174.

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Protection of native vegetation The application should not require any removal of native vegetation of significance and is therefore generally considered to accord with Objectives 70, 72, 73, 76, 77 and 78 and PDCs 17, 203, 209, 210, 212, 213, 214 and 366.

Appropriate Stormwater Management / Minimisation of pollution impacts to water resources No watercourses should be impacted by the proposal. The existing 90,000 litre tank should be of a sufficient size to cater for stormwater collection from the roof of the dwelling.

A Soil Erosion Drainage Management Plan has been provided which displays appropriate methods of minimising erosion impacts on neighbouring properties and the environment generally during and following construction activities and outlines excavated soil will be re-used upon the site for driveway construction.

An appropriate on-site waste control system for the proposed dwelling has

been approved by Council’s Environmental Health Department.

The application is generally considered to accord with Objectives 4, 103, 104, 105, 119, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 131 and PDCs 15, 19, 20, 216, 217, 296, 297, 298, 299, 350, 351, 354, 358, 359, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 378, 379, 384 and 385.

Minimisation of visual impacts on the landscape As discussed earlier in the Hills Face Zone assessment, the application is generally considered to accord with Objectives 68, 87, 88 and 90 and PDCs 7, 22, 23, 87, 88, 89, 91, 202, 205, 227, 228, 229, 230, 231, 232, 233, 234, 235, 244, 245, 248 and 249 Minimisation of Bushfire Risk Although rated as Flame Zone by the CFS, that Department has not directed refusal of the application and has instead stated that it may be approved subject to a number of standard conditions being fulfilled. The application demonstrates on the site plan that such conditions can be fulfilled (eg a turnaround area and CFS water connection). Overall, the proposal does not raise any significant bushfire risk issues as long as all conditions from the CFS are implemented and as such generally accords with Objectives 106 and 107 and PDCs 300, 303, 306 and 307.

7. SUMMARY & CONCLUSION

The proposed dwelling is considered to have been designed to generally minimise its visual impacts on the locality, by using a simple single storey, flat roof design and earthy, neutral and non-reflective finishes. Appropriate features have been included to allow the CFS to access the site for bushfire fighting purposes, minimal earthworks are required and negligible removal of non-native vegetation is required.

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Although a separate issue to this application, it is noteworthy that Council/the CDAP has previously granted Development Plan Consent to a dwelling application in a similar location on the subject land which was of a greater size and scale to that proposed in this application.

The proposal is sufficiently consistent with the relevant provisions of the Development Plan, despite its non-complying nature, and it is considered the proposal is not seriously at variance with the Development Plan. In the view of staff, the proposal has sufficient merit to warrant consent. Staff therefore recommend that CONCURRENCE from the Development Assessment Commission be sought to GRANT Development Plan Consent, subject to conditions.

8. RECOMMENDATION

That the Council Development Assessment Panel considers that the proposal is

not seriously at variance with the relevant provisions of the Adelaide Hills

Council Development Plan, and seeks the CONCURRENCE of the Development

Assessment Commission to GRANT Development Plan Consent to Development

Application 15/101/473 by Drew Edwards Developments for a single storey

detached dwelling, deck (maximum height 2.5m) & associated earthworks (non-

complying) at 212 Norton Summit Road, Norton Summit subject to the following

conditions:

(1) Development In Accordance With The Plans

The development herein approved shall be undertaken in accordance with the

following plans, details and written submissions accompanying the application,

unless varied by a separate condition:

- Amended Site Plan by Drew Edwards Developments, Sheet 01 Issue D date

stamped as received by Council 31 July 2015

- Floor Plan by Drew Edwards Developments, Sheet 02, Issue C date stamped

as received by Council 7 May 2015

- Elevations A Plan by Drew Edwards Developments, Sheet 03, Issue C date

stamped as received by Council 7 May 2015

- Elevations B Plan by Drew Edwards Developments, Sheet 04, Issue C date

stamped as received by Council 7 May 2015

- Statement of Effect by Phil Brunning and Associates, date stamped as

received by Council 3 July 2015

- Soil Erosion and Management Plan by Drew Edwards Developments, Sheet

01B, Issue E date stamped as received by Council 20 Aug 2015

REASON: To ensure the proposed development is undertaken in accordance

with the approved plans.

(2) Residential Lighting

All external lighting shall be directed away from residential development and,

shielded if necessary to prevent light spill causing nuisance to the occupiers

of those residential properties.

REASON: Lighting shall not detrimentally affect the residential amenity of the

locality.

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(3) External Finishes

The external finishes to the building herein approved shall be as follows:

WALLS: Rendered Texture Coat Masonry in the colour of Colorbond® Dune or

similar

ROOF: KingKlip© Steel in Colorbond

® ‘Monument’ or similar

REASON: The external materials of buildings should have surfaces which are of

a low light-reflective nature and blend with the natural rural landscape and

minimise visual intrusion.

(4) Treatment to Excavations And Fill

All exposed excavations and fill as shown on the Site Plan date stamped as

received by Council 31 July 2015 shall be:

(a) rounded off and battered to match and blend with the natural contours of

the land;

(b) covered with approximately 100mm of topsoil;

(c) seeded to avoid erosion and visual concerns; and

(d) screened with trees, shrubs and ground covers

prior to occupation of the approved development to the reasonable satisfaction

of Council.

REASON: To maintain the visual amenity of the locality in which the subject land

is located.

(5) CFS Access Requirements - New Roads

The Code Part 2.3.3.1 describes the mandatory provision for ‘Private’ roads and

driveways to buildings, where the furthest point to the building from the nearest

public road is more than 30 metres, shall provide safe and convenient

access/egress for large Bushfire fighting vehicles.

NB: CFS has no objection to the proposed access driveway as detailed on

drawing named Site Plan dated 29/01/2015.

Vegetation overhanging the access road shall be pruned to achieve a

minimum vehicular clearance of not less than 4 metres width and a vertical

height clearance of 4 metres.

The gradient of the access road shall not exceed 16 degrees (29%), in steep

terrain the construction of the public road or driveway shall be a sealed

surface.

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:

Access to the dedicated water supply shall be of all-weather construction,

with a minimum formed road surface width of 3 metres.

The driveway shall be constructed to be capable of supporting fire-fighting

vehicles with a gross vehicle mass (GVM) of 21 tonnes, AND

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Provision shall be made adjacent to the water supply for a 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.

CFS appliance inlet is rear mounted; therefore the outlet/water storage shall

be positioned so that the CFS appliance can easily connect to it rear facing.

(NOTE: the water supply outlet may be remotely located from the tank to provide

adequate access).

The dedicated water supply outlet must not exceed the 5 metre maximum

vertical lift for drafting purposes (calculated on the height of the road

surface to the lowest point of the water storage).

NB: The suction outlet pipework from the existing 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 non-metal water supply pipes for bushfire fighting purposes shall be buried

below ground to a minimum depth of 300mm with no non-metal parts above

ground level.

NB: CFS has no objection to the proposed location for the dedicated water

supply as detailed on drawing named Site Plan dated 29/01/2015, providing the

outlet is extended out and positioned in accordance with the above, is easily

accessible and clearly visible from the access way.

REASON: To provide safe access to properties in the event of a bushfire.

(6) CFS Vegetation/Landscaping

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:

- 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%’.

- Reduction of vegetation shall be in accordance with SA Native Vegetation

Act 1991 and SA Native Vegetation Regulations 2003.

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

distance equivalent to their mature height.

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

walls, windows or other elements of the building.

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

1.5 times their mature height.

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

during the Fire Danger Season.

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- 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).

- Within 10 metres of a building, flammable objects such as plants, mulches

and fences must not be located close to vulnerable parts of the building

such as windows, decks and eaves

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

REASON: To reduce impacts in the event of a bushfire.

(7) CFS 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.

NB: CFS notes an existing supply of water storage meets the minimum

requirement of 22,000. CFS notes that the dedicated supply is combined with the

domestic use, CFS has no objection to this, providing the outlet for domestic use

is located above the 22,000 litres of dedicated fire water supply in order for it to

remain as a dedicated supply.

The bushfire fighting water supply shall be clearly identified and fitted with

an outlet of at least 50mm diameter terminating with a fire service 64mm

male London round thread adaptor 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 –

- A minimum inlet diameter of 38mm, AND

- Is powered by a petrol or diesel engine with a power rating of at least

3.7kW (5hp), OR

- 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.

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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.

REASON: To minimise the threat and impact of bushfires on life and property.

(8) CFS Conditions to Be Completed Prior To Occupation

The Country Fire Service Bushfire Protection Conditions 6 to 8 shall be

substantially completed prior to the occupation of the building and thereafter

maintained in good condition.

REASON: To minimise the threat and impact of bushfires on life and property.

(9) Stormwater Roof Runoff to Be Dealt With On-Site

All roof runoff generated by the development hereby approved shall be treated

on-site to the satisfaction of Council using design techniques such as:

- Rainwater tanks

- Grassed swales

- Stone filled trenches

- Small infiltration basins

Stormwater overflow management shall be designed so as to not permit

trespass into the effluent disposal area. Stormwater should be managed on

site with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure no

ponding of stormwater resulting from development occurs on

adjacent sites.

(10) Entry/exit to the site

All vehicles shall enter and exit the site in a forward direction

REASON: To provide safe and efficient movement of people and goods.

(11) Closure of barrier lines

The break in the double barrier lines on Norton Summit Road serving the

access point shall be closed prior to completion of the dwelling. This will

restrict access to left-in and left-out movements only.

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REASON: To provide safe and efficient movement of people and goods.

(12) The access point shall be sealed (spray seal) from the road edge to the

property boundary to minimise the likelihood of dust and debris being spread

onto the carriageway.

REASON: To provide safe and efficient movement of people and goods.

(13) The access design shall incorporate a level platform that is consistent with

AS/NZS 2890.1:2004 to maximise sight lines for vehicles entering the road.

REASON: To provide safe and efficient movement of people and goods.

(14) Stormwater

No stormwater from the development shall discharge on-surface to Norton

Summit Road. In addition, any existing drainage of the road shall be

accommodated in the development. Any alterations to road drainage

infrastructure as a result of this development shall be at the expense of the

applicant.

REASON: To minimise erosion, protect the environment and to ensure no

ponding of stormwater resulting from development occurs on adjacent sites.

(15) Requirement For 10 metre Separation Buffer

A 10 metre separation buffer shall be established on the subject land to the

satisfaction of Council inside the northern, western and southern boundaries of

the site. The separation buffer shall comprise a vegetated area with a minimum

width of 5 metres and a 2.5 metre firebreak on either side of the vegetated area.

The vegetated area shall contain random plantings of a variety of fast growing

and hardy tree and shrub species of differing growth habits to achieve a 50%

porosity for airflow, including at least one row of semi-mature trees that has a

minimum canopy height of 3-4 metres at maturity. Such vegetated area shall be

planted at spacings of 4-5 metres. Tree guards shall be placed around the trees

to ensure protection from animals. Such vegetated area shall be in accordance

with Appendix 3 of the Council’s Buffers Policy dated 17 April 2012. The

vegetated area shall not include species listed in Appendix 2 of the Council’s

Buffers Policy (Bushland Invasive Plants). Such vegetated areas shall be

maintained in good health and condition at all times with any dead or diseased

plants being replaced in the next planting season to the satisfaction of Council.

For further information on Council’s Buffers Policy refer to

http://www.ahc.sa.gov.au/webdata/resources/files/Buffers%20120417.pdf

REASON: To minimise the risk of environmental nuisance and potential land

use conflict.

(16) Prior to Building Rules Consent Being Granted - Requirement For

Landscaping Plan

Prior to Building Rules Consent being granted, a detailed landscaping plan

prepared by a suitably qualified professional, shall be prepared to Council’s

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satisfaction. Landscaping detailed in the plan shall be of suitable endemic

species to the locality and shall be planted in the planting season following

Development Approval and maintained in good health and condition at all times.

Any such vegetation shall be replaced if and when it dies or becomes seriously

diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality in which

the subject land is situated and ensure the survival and maintenance of the

vegetation.

NOTES

(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)

months commencing from the date of the decision (or if an appeal has

been commenced, the date on which the appeal is determined,

whichever is later). Building Rules Consent must be applied for prior to

the expiry of the Development Plan Consent, or a fresh development

application will be required. The twelve (12) month period may be further

extended by written request to, and approval by Council. Application for

an extension is subject to payment of the relevant fee.

(2) Works On Boundary

The development herein approved involves work within close proximity

to the boundary. The onus of ensuring development is in the approved

position on the correct allotment is the responsibility of the land

owner/applicant. This may necessitate a survey being carried out by a

licensed land surveyor prior to the work commencing.

(3) Erosion Control During Construction

Management of the property during construction shall be undertaken in

such a manner as to prevent denudation, erosion or pollution of the

environment.

(4) EPA Environmental Duty

The applicant is reminded of his/her general environmental duty, as

required by Section 25 of the Environment Protection Act 1993, to take all

reasonable and practical measures to ensure that the activities on the

whole site, including during construction, do not pollute the environment

in a way which causes, or may cause, environmental harm.

(5) Department of Environment, Water & Natural Resources (DEWNR) –

Native Vegetation Council Note

The applicant is advised that any proposal to clear, remove limbs or trim

native vegetation on the land, unless the proposed clearance is subject

to an exemption under the Regulations of the Native Vegetation Act 1991,

requires the approval of the Native Vegetation Council. The clearance of

native vegetation includes the flooding of land, or any other act or

activity that causes the killing or destruction of native vegetation, the

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severing of branches or any other substantial damage to native

vegetation. For further information visit:

www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_

native_vegetation

Any queries regarding the clearance of native vegetation should be

directed to the Native Vegetation Council Secretariat on 8303 9777. This

must be sought prior to Full Development Approval being granted by

Council.

(6) CFS Bushfire Attack Level

Compliance with the fire protection requirements is not a guarantee the

dwelling will not burn, but its intent is to provide a “refuge” from the

approach, impact and passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL Flame Zone.

The buildings shall incorporate the construction requirements for

buildings in Bushfire Prone areas in accordance with the Building Code

of Australia Standard AS3959 “Construction of buildings in bushfire

prone areas”.

9. ATTACHMENTS 1. Locality Plan 2. Proposal Plans and Details 3. CFS Response 4. DPTI Response

Respectfully submitted Concurrence

___________________________ _______________________________

Tom Victory Vanessa Nixon

Senior Statutory Planner A/Manager, Development Services

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ATTACHMENT 1

LOCALITY PLAN

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ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

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ATTACHMENT 3

CFS RESPONSE

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ATTACHMENT 4

DPTI RESPONSE

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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING

1 September 2015

AGENDA

BUSINESS ITEM – 8.3

Applicant: Planning Aspects Pty Ltd

Landowner: 65 Mount Barker Road Pty Ltd

Agent: Shanti Ditter Ward: Mount Lofty

Development Application: 14/1045/473 Originating Officer: Vanessa Nixon

Application Description: Redevelopment of existing petrol filling station including carwash, cafe, carparking, retaining walls, fencing and signage

Subject Land: Lot:85 Sec: P46 FP:158331 CT:5381/531

Subject Land: Lot:95 Sec: P46 FP:158341 CT:5381/527

Subject Land: Lot:84 Sec: P46 FP:158330 CT:5381/526

General Location: 65 Mount Barker Road Stirling

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9 January 2014

Maps AdHi/28 & 72

Zone/Policy Area: District Centre Zone - Stirling Core Policy Area

Form of Development: Merit

Site Area: 2000m²

Public Notice Category: Category 2 Merit

Representations Received: 4

Representations to be Heard: 2 + 1 at the discretion of the panel

1. EXECUTIVE SUMMARY

The purpose of this application is to develop the existing (inactive) service station, vehicle workshop and associated shop. The proposed redevelopment includes operating hours from 6 am to midnight, 7 days a week, carwash, cafe, carparking, retaining walls, fencing and signage.

The subject land is located within the District Centre Zone - Stirling Core Policy Area and

is a merit form of development. Two representations in opposition and two representations in support of the proposal were received during the Category 2 public notification period. However, one of these representations was from the Stirling District Residents Association (SDRA) who were not entitled to be notified of the proposal. The discretion to hear the SDRA rests with the CDAP.

The proposal for the redevelopment of the site is considered suitable in terms of

amenity, land use, noise, traffic and access. Whilst the proposal relies on the road verge to provide the required landscaping, overall the development is considered a suitable response to the constraints of the land and the locality.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2

development where representors wish to be heard.

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The main issues relating to the proposal are acoustic treatments, impact on adjoining residential property and traffic impacts.

In consideration of all the information presented, and following an assessment against the relevant zone and Council Wide provisions within the Development Plan, staff are recommending that the proposal be GRANTED Development Plan Consent, subject to conditions.

2. DESCRIPTION OF THE PROPOSAL

The proposal is for the following:

Demolition and removal of existing buildings, canopy, pumps, tanks and associated infrastructure and signage.

Construction of canopy with 8 vehicle pump stations (195m²) effectively in the middle of the site

Installation of underground fuel tanks

Construction of an automatic car wash with self-serve vacuuming and cleaning bays (70m²) towards the front boundary

Construction of shop building including café outdoor area (retail floor area 285m² and back of house area 175m²) to the rear boundary

Boundary walls of pre-cast concrete

Main walls to be concrete wall panelling (insert type) with red, white, brown and grey

(corporate colour scheme) with Colorbond ®

surfmist roofing

Canopy in corporate BP colours

Carwash cladding to match main building

Screen to carwash with artistic design

Carparking (11 carparking spaces), driveways and bicycle parking

Fencing and retaining walls (maximum height 3m respectively)

Landscaping (of the Merrion Terrace road frontage) and installation of a footpath on Merrion Terrace

Signage attached to the building with some internally illuminated – (two) and BP canopy signage (note: free-standing signage is subject to a future separate application)

The proposed plans, reports and details are included in Attachment 2.

3. HISTORY

June 26, 1974 9250 Council approved service station building which included service bays

September 8, 1981 14072/1742 Council approved signage September 25, 1986 486/86 Council approved covered carwash area September 25, 1989 330/444/89 Council approved illuminated signage October 5, 1989 330/515/89 Council approved alterations to service

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station May 9, 1991 330/185/91 Council approved LGP vessel and stand

July 9, 1992 330/231/92 Council approved alterations to petrol station and signage

October 1, 1992 330/557/92 Council approved outdoor advertising and alterations to building August 31, 1993 330/493/93 Council approved LPG vessel January 18, 1996 330/471/95 Council approved LPG vessel May 9, 2005 473/1100/2004 Council approved sunshade September 27, 2012 473/804/2011 Council approved removal of under and

above ground tanks

4. REFERRAL RESPONSES

DPTI DPTI has assessed the proposal and provided advice to the Council with regard to:

Access points

- Whilst greater separation between access points and the intersection is preferable, site constraints prevent this from occurring.

- As a compromise, DPTI require restriction of right turn in and right turn out movements from Mount Barker Road. A solid central median is required to be installed at the applicant’s expense on Mount Barker Road. The applicant has agreed to this condition. (refer recommended condition 23).

Deliveries

- Fuel delivery trucks may have to mount the roundabout to access and egress the site. Provided this occurs outside peak traffic and trading periods, DPTI are satisfied with this arrangement (refer recommended condition 11).

- As the land is located within the Road Widening Plan, approval from the Commissioner of Highways is required for the works. DPTI has advised that consent can be anticipated.

Signage

- Conditions relating to illuminated signage have been requested to be included (refer recommended conditions 28-32).

A copy of the referral response is included as Attachment 3.

EPA The EPA has reviewed the documentation and have provided 9 conditions to be placed on any approval issued (refer recommended conditions 34-42). These relate to petroleum storage and its impacts on air quality, site contamination, construction and water quality. The EPA have not assessed noise, as the mandatory referral is in relation to petrol storage not noise and is therefore outside their realm of influence.

A copy of the referral response is included as Attachment 4.

DEWNR – STATE HERITAGE UNIT The State Heritage Unit considers the proposal will have no impact on the Stirling Hotel.

A copy of the referral response is included as Attachment 5.

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LOCAL HERITAGE ADVISOR Council’s local heritage advisor has reviewed the proposal and deems the impacts on the local heritage place at 50 Mount Barker will not be significantly affected by the proposal.

A copy of the referral response is included as Attachment 6.

AHC EHU – FOOD Council’s Environmental Health Officer has advised standard requirements to comply with the Food standards code. (refer recommended notes 8 & 9)

AHC ENGINEERING Council’s Engineering Department has advised

- DPTI’s recommendations are acceptable.

- Conditions relating to stormwater discharge should be included (refer recommended condition 21)

- A path from the driveway adjacent the carwash to Mount Barker Road is required to ensure safety of pedestrians in this area. Discussions have also occurred between council staff and the applicant regarding providing a path/ramp/stairs across the Merrion Terrace road verge to provide a safe path for pedestrians crossing the road to go to the shop on the subject land. The applicant is willing to consider this element, however the matter of costs in relation to this has not been resolved. A new footpath on Merrion Terrace (in two sections in front of the subject land) has been included on the application documents (refer recommended condition 8).

- Landscaping plan supported for road verge but should have irrigation installed (refer recommended condition 7).

AHC PROPERTY No issues of concern.

5. CONSULTATION

The application was categorised as a Category 2 form of development in accordance with Section 38(2) (a) of the Development Act (1993) and Schedule 9 of the Development Regulations (2008) requiring formal public notification. Four (4) representations were received. Of these two (2) representations are opposing the proposal, and two (2) are in support of the proposal. Some were from adjacent properties.

The following representors wish to be heard:

Name of Representor Representor’s Property

Address

Nominated Speaker

Lincoln McEwen 6 Merrion Terrace John Hill

Brett Matthews - Stirling Hotel Brett Matthews

Stirling District Residents Association

John Hill (at the discretion of the panel as were not entitled to be notified)

The applicant and their representatives (Shanti Ditter and others) will be in attendance.

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The issues contained in the representations can be briefly summarised as follows:

Visual impact, auditory and safety impact

Midnight trading

Traffic impact

Setbacks

Scale

Parking

These issues are discussed in detail in the following sections of the report.

Copies of the submissions are included as Attachment 7 and the applicant’s response

to these is provided in Attachment 8.

6. PLANNING & TECHNICAL CONSIDERATIONS

This application has been evaluated in accordance with the following matters:

i. The Site’s Physical Characteristics The subject land is 2000m² in area and currently contains disused buildings and the canopy previously used as the service station and service bays. The subject land contains two crossovers from Mount Barker Road and Merrion Terrace respectively. A right of way is registered on the land in favour of the adjoining properties on Mount Barker Road.

ii. The Surrounding Area

The surrounding area contains a two-storey residential property immediately to the rear of the subject land, commercial buildings to the southwest, south and east and the Council library and customer service centre to the west. Retail and commercial development are the predominant land uses. The state heritage listed Stirling Hotel is located opposite the development, with the local heritage listed shops and offices located diagonally across Mount Barker Road.

iii. Development Plan Policy considerations

a) Policy Area/Zone Provisions The subject land lies within the Stirling Core Policy Area of the District Centre Zone and these provisions seek: Stirling Core Policy Area - a range of business and retail facilities The following are considered to be the relevant Policy Area provisions: PDCs: 4, 5, 7, 8, 9, 10, 11, 13, 14, 18, 19, 26, The shop building is located on the rear boundary, with a wall height of 3m. The shop building then steps in 3m and rises another 3m. The overall height of the shop building is 7m (including plant). The shop building therefore has been designed to meet the height limitations sought by PDCs 4, 5 and 7. The canopy has a maximum height of 6m which also meets the above provisions. The proposal also meets PDC 8 with regard to not encroaching within the 31 degree setback plane.

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The inclusion of footpaths along the Merrion Terrace frontage will comply with PDC 10. Whilst the proposal is a standard corporate design, the buildings contain verandahs and detailing which largely breaks up the visual bulk of the development with the exception of the rear boundary wall. The 3m high concrete wall on the rear boundary does not comply with PDC 11 however painting of this wall could alleviate some of the visual impact. Whilst the design of the wall treatment has not been specified, it is recommended that suitable painting be included as a condition of consent (refer recommended condition 3). The proposal results in site coverage of 36% and therefore complies with a PDC 13 which specifies a maximum of 50%. Whilst a mixture of autumn landscaping in accordance with the Council’s Development Plan is proposed, the landscaping on the subject land does not achieve the minimum 10% of the site sought by PDC 19. Additional landscaping has been indicated on the Merrion Terrace road verge as part of the proposal. The proposal therefore partly accords with PDCs 18 and 19. An enclosed courtyard area has been provided on the plans for the storage of waste, which meets PDC 14 in relation to screening waste from public view. The proposal provides access to the carparking areas on the property to the south east and therefore complies with PDC 26. District Centre Zone - maintenance of the village character - development that contributes positively to the desired character The following are considered to be the relevant Zone provisions: Objectives: 1, 2 and 4 PDCs: 5, 6, 7, 11, 13, 14, 19, 20 and 21 Accordance with Zone As a redevelopment of the existing petrol filling station the desired character is already established. The proposed buildings are of a high standard and incorporate glazing and screening which should make a positive contribution to the zone. It is noted that petrol filling pumps and associated canopies are by their nature not particularly attractive. The disused buildings on the site have not provided a positive contribution to the desired character of the zone over the last four years. The proposal is considered to be in accordance with PDC 5. The subject land is located within the area shown on the District Centre Stirling Concept Plan for mixed use. The proposal incorporates petrol filling, carwash facility as well as a café area and shop and is therefore considered to be a mixed use. The proposal is also a redevelopment of an existing petrol filling station which is anticipated within the zone. The proposal is therefore considered to be in accordance with PDC 6.

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The proposal is to be open from 6 am to midnight, which will promote the use of the District Centre after-hours and is therefore considered to be in accordance with PDC 7. The petrol filling pumps, carwash and vacuum bays are located away from the residential property to the rear. The shop building is located on the rear boundary and the concrete walls of this together with an acoustic glass wall will provide protection to the residents of this dwelling from noise generating activities. The proposal is therefore considered to address PDC 11.

The applicant intends to landscape the Merrion Terrace road verge to enhance the development. Species are to be selected in accordance with Table AdHi/6. The proposal is therefore consistent with PDC 14 with regard to landscaping species. Some of the signage on the building is internally illuminated which is contrary to PDC 21 and Table AdHi/7. However the signage faces Mount Barker Road and is not considered to be detrimental to the locality. It is also recommended the signage be turned off when the business is closed (refer recommended condition 14).

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary): - orderly and economic development - facilities located in centres - amenity of localities not impaired by land and buildings The following are considered to be the relevant Council Wide provisions: Objectives: 1, 8, 15, 16, 19, 20, 21, 36, 43, 87, 92, 99, 119, 120 & 129 PDCs: 1, 2, 3, 13, 41, 43, 44, 45, 46, 49, 50, 53, 54, 56, 58, 59, 60, 62,

104, 106, 112, 113, 114, 116, 124, 137, 145, 228, 229, 231, 250, 251, 257, 289, 379 & 382

Accordance with Council Wide The proposal will result in a modern petrol filling station and carwash which will allow further employment on this site and therefore it meets Objective 8. The proposal involves the redevelopment of an existing petrol filling station. Given the land has been used since the 1970’s for this purpose, it is considered that PDCs 3 and 9 are met. Noise and other impacts As the proposal is in close proximity to the residential dwelling located at 6 Merrion Terrace (immediately behind the shop building) and residential accommodation also operates from the Stirling Hotel, it is imperative that the residents of the dwelling and those occupying the accommodation units are protected from noise impacts. As such, noise levels should be mitigated to a reasonable level. The restrictions on operating hours from 6 am to midnight will partly assist to minimise the impact of noise. The concrete boundary wall will also assist in this regard. The deck area for the café/seating area contains

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an acoustic /privacy screen which will also assist. However, the dwelling to the rear is a two-storey dwelling, the roof of which sits in line with the top of the existing retaining wall on the subject land. This will result in the shop building (with concrete wall) sitting above the roof of the dwelling. The dwelling will be located approximately 9m from the shop building. Whilst the shop building is stepped in however the wall height on the boundary is proposed to be 3 metres above the existing retaining wall. The building then increases in height 3m in from the boundary to an overall height of 6.6m. It must be acknowledged that the dwelling is located in the District Centre zone, albeit the Stirling Fringe Policy Area however, just as the petrol filling station has existing use rights, so too does the dwelling. The use of acoustic glass to the outdoor area will assist in this regard. The reduced height of the building on the boundary assists in reducing the visual bulk of the building when viewed from the adjoining residential property as will appropriate painting of the wall when viewed from the adjoining property. The proposal is considered to be in accordance with PDC 13 in relation to loss of privacy, and noise given the noisier aspects of the proposal are located further away from the rear boundary. The EPA is satisfied with the proposal and its impacts with regard to petrol filling and the proposal is therefore considered to accord with PDC 13. The carwash and vacuum bays are located towards Mount Barker Road, a distance of approximately 49m from the dwelling to the rear. The applicant’s acoustic engineer has recommended roller doors be located at the entry and exit to the carwash which will reduce the carwash noise to acceptable levels. It is understood the vacuum bays meet the required noise levels (refer recommended condition 13). The outdoor area of the Stirling Hotel on the opposite side of Mount Barker Road operates until 1am everyday apart from Sunday and therefore there is already the potential for activity and noise in the area “after hours”. Whilst the carwash will have automatically closing door at the front and rear during use, it is considered the applicant has not sufficiently demonstrated that the noise criteria can be met before 7am and after 10pm when the carwash and vacuum bays are used at the same time. Therefore it is considered appropriate to restrict the use of the carwash and vacuum bays to between 7 am and 10pm (refer recommended condition 10). The proposal will then be considered to be consistent with PDC 15 in relation to noise nuisance. The Council engaged an independent acoustic engineer to provide comments in relation to the proposal and the applicant’s acoustic advice. This also confirms that the use of the carwash and vacuum bays has not been

demonstrated to comply with the noise criteria (refer Attachment 9). Traffic and Carparking Objectives 14 and 15 seek improved vehicular access and safety, which will be achieved through the construction of formalised access points with associated directional signage and fuel filling areas. The proposal includes 11 carparking spaces as well as the area for fuel filling, and two vacuum bays. PDC 59 refers to carparking ratios. Table Ad/Hi 4 specifies shop areas should have one space per 5.5sqm of floor area. This would mean 25 carparking spaces should be provided. These rates are not consistent with current standards for carparking requirements. The applicant’s

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traffic consultant, Frank Siow has provided a report which indicates the current demand for such facilities is in the order of 7 spaces for peak demand. In consideration of the information along with there being opportunity at the pumps for fuel filling and short term parking, the provision of 11 carparking spaces is considered reasonable. The traffic sweep data in relation to petrol tanker movements to access and egress the site indicates that it is possible that the roundabout will be mounted by the trucks in some circumstances. Whilst this may be contrary to Objective 21 and PDC 62, DPTI have agreed that the proposed movements are acceptable given the site constraints. PDCs 44 and 53 detail manoeuvring of vehicles should occur on the site to ensure that unloading and loading of vehicles doesn’t occur on public roadways and to ensure that all access in and out of the site occurs in a forward motion. It is considered that the applicant’s traffic consultant has suitably addressed these issues. In addition, Council’s engineering department consider the DPTI response is appropriate. The carparking spaces are compliant with AS2890 and therefore in accordance with PDC 60. Pedestrian Movement Objectives 16 and 20 and PDC 49 relate to safe and improved pedestrian movement in shopping and business areas. It is considered appropriate that a footpath/ramp be installed across the Merrion Terrace road reserve to direct pedestrians safely from the library grounds to the shop. A pedestrian path is also required on Merrion Terrace from adjacent the carwash to Mount Barker Road to ensure the safety of pedestrians in this area as well as to protect the landscaping. PDC 48 states where such public works are required for development, the costs shall be borne by the applicant. The applicant has included the footpath on the site plan, however has not agreed to the ramp (refer condition 8). Impact on Amenity The proposal involves minimal earthworks, which satisfies PDCs 229 and 230 relating to minimising alteration to the land and screening earthworks from view. In terms of the proposed buildings, they are to be constructed of materials suitable in the locality (concrete, Colorbond ® and glazing). The colour scheme is that of the corporate am/pm BP branding and is consistent with other am/pm BP stations across Australia. The applicant has indicated a willingness to consult with the owner of 6 Merrion Terrace in relation to painting the concrete wall facing this property. In the absence of any agreement, it is suggested that the wall be painted in a colour to blend with the natural surroundings of the area .

The proposal has been reviewed by the State Heritage Unit and the Council’s local heritage advisor. No adverse impacts on the buildings of significance are expected. The proposal therefore meets PDC 289. Outdoor Advertisements

Various illuminated and non-illuminated signage is proposed to be attached to the buildings. The proposal does not include any free-standing pylon signs for petrol pricing etc which will be subject to a separate application. The signage included in this application is considered to be consistent with Objective 92

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and PDCs 251, 252, 257 relating to location, size, number and scale of signage. It is also recommended the signage be turned off when the building is closed (refer recommended condition 14).

Stormwater Management & any potential for Flooding, Subsidence or Erosion of the land A comprehensive stormwater management plan has been submitted for the site which is in accordance with Objective 122 and PDCs 367, 368, 373 and 377 relating to protection of built structures, stormwater run-off and pollution reduction. The installation of the pollutant and oil trap is required prior to occupation of the building (refer recommended condition 41).

Roadside Vegetation & Landscaping

The applicant intends to landscape the Merrion Terrace road verge to enhance the development. Species are to be selected in accordance with Table AdHi/6. The proposal is therefore consistent with PDC 14.

Environmental/Public Health issues

As a petrol filling station the proposal has the potential to cause public health issues from spillage and the like. Treatment and safety devices are proposed as part of the application to manage the risk and likelihood of any such event to an acceptable level.

As the proposal includes the serving and sale of prepared food, the

requirements of the Food Standards Code apply (refer recommended notes 8 & 9).

Construction issues

The applicant has provided a detailed Construction Environmental Management Plan, which the EPA has reviewed this. A recommended condition 22 is proposed in relation to this).

7. SUMMARY & CONCLUSION

The proposal for the redevelopment of the site is considered suitable in terms of amenity, land use, noise, traffic and access. Whilst the proposal relies on the road verge to provide adequate landscaping, overall the development is considered a suitable response to the constraints of the land and the locality.

The carwash and vacuum bays have the potential to cause noise nuisance before 7am and after 10pm. A condition restricting their use in these times is considered appropriate. Building setbacks are considered acceptable given the constraints of the site. The visual impact of the building on the rear property has been minimised with the stepping in of the building. Traffic and carparking movements are considered adequate with the installation of the solid central median on Mount Barker Road.

The proposal is sufficiently consistent with the relevant provisions of the Development Plan, and it is considered the proposal is not seriously at variance with the Development Plan. In the view of staff, the proposal has sufficient merit to warrant consent. Staff therefore recommend that Development Plan Consent be GRANTED, subject to conditions.

8. RECOMMENDATION

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That the Council Development Assessment Panel considers that the proposal is

not seriously at variance with the relevant provisions of the Adelaide Hills Council

Development Plan, and GRANTS Development Plan Consent to Development

Application 14/1045/473 by Planning Aspects Pty Ltd for Redevelopment of

existing petrol filling station including carwash, cafe, carparking, retaining walls,

fencing and signage at 65 Mount Barker Road, Stirling subject to the following

conditions:

(1) Development In Accordance With The Plans

The development herein approved shall be undertaken in accordance with

the following plans, details and written submissions accompanying the

application, unless varied by a separate condition:

- plans received by the Council on 18 March 2015

- Planning Aspects report received by the Council on 11 March 2015

- Resonate Acoustic report received by the Council on 11 March 2015

- PT Design stormwater management plan received by the Council on

13 March 2015

- Frank Siow traffic report received by the Council on 19 December

2014

- Planning Aspects response to representations received by the

Council on 15 April 2015

- LBW environmental projects Construction Environment

Management Plan (CEMP) Revision 1 dated 9 July 2015 and received

by the Council on 12 July 2015

REASON: To ensure the proposed development is undertaken in accordance

with the approved plans.

(2) External Materials

The external finishes to the building herein approved shall be as follows:

Main building walls: pre-cast concrete wall panelling system

with am/pm corporate colours with

colorbond ® surfmist roofing

The wall on the rear boundary between the subject land and 6

Merrion Terrace shall be painted a colour

to match the natural surrounds

Canopy: BP corporate colours

Carwash: cladding to match main building

REASON: The external materials of buildings shall be in accordance with the

approved plans.

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(3) External Lighting

All external lighting shall be directed away from residential development

and shielded if necessary to prevent light spill causing nuisance to the

occupiers of those residential properties.

REASON: Lighting shall not detrimentally affect the residential amenity of the

locality.

LANDSCAPING

(4) Prior to Building Rules Consent Being Granted - Requirement For

Landscaping Plan In Accordance With Table AdHi/6

Prior to Building Rules Consent being granted a detailed landscaping plan

for the land and Merrion Terrace road verge direct adjoining the site,

prepared by a suitably qualified and experienced Landscape Designer shall

be provided to Council’s satisfaction. The landscaping detailed in the plan

shall be selected from Table AdHi/6 of the Adelaide Hills Council

Development Plan.

REASON: To maintain and enhance the visual amenity of the locality in which

the subject land is situated and ensure replanting of selected

species takes place.

(5) Landscaping planted prior to occupation

Landscaping detailed in the plan shall be shall be planted prior to

occupation of the approved development and maintained in good health

and condition at all times. Any such vegetation shall be replaced if and

when it dies or becomes seriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality in which

the subject land is situated and ensure the survival and maintenance

of the vegetation.

(6) Road verge landscaping

Landscaping on the Merrion Terrace road verge shall be installed as

follows:

o garden areas shall be prepared by ripping existing soil to at least 200mm

deep, and installing minimum 200mm of approved site topsoil (or premium

imported topsoil), permanent drip irrigation and durable mulch.

o gardens shall be maintained neat and tidy by the applicant with replanting

and re-mulching as necessary. Irrigation shall extend under the cantilever

deck area to provide water for the existing root zone of the adjacent mature

tree.

REASON: To maintain and enhance the visual amenity of the locality in which

the subject land is situated and ensure the survival and maintenance

of the vegetation including the existing tree.

(7) Watering system installation

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Permanent drip irrigation shall be installed in the landscaping areas prior to

occupation of the approved development.

REASON: To maintain and enhance the visual amenity of the locality in which

the subject land is situated and ensure the survival and maintenance

of the vegetation.

(8) Installation of footpath on Merrion Terrace

The two sections of footpath adjacent the subject land as shown on the site

plan shall be installed prior to occupation. The footpath shall be designed

and installed in accordance with Council requirements.

REASON: To provide safe and convenient access to pedestrians.

HOURS

(9) Operating Hours of the petrol station and cafe

Operating hours of the hereby approved petrol station and café shall be as

follows:

Monday to Sunday 6am to midnight

REASON: To ensure that the development is undertaken in accordance with

the approved plans

(10) Operating Hours of the carwash and vacuum bays

Operating hours of the hereby approved carwash and vacuum bays shall be

as follows:

Monday to Sunday 7am to 10pm

REASON: To ensure that the development is undertaken in accordance with

the approved plans

(11) Fuel Deliveries

Deliveries of fuel to the subject site shall be carried out outside of peak

traffic and trading periods and shall not occur before 9 am or after 7 pm on

Sundays and public holidays and not before 7am or after 7pm on other

days.

REASON: To maintain the amenity of the locality.

(12) Hours of waste collection

All waste shall be removed from the subject land at least once weekly.

Collection of waste shall be carried out only between the hours of 7am to

7pm Monday to Saturday and 9am to 7pm on Sundays and public holidays.

REASON: To maintain the amenity of the locality.

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(13) Automatic doors on carwash

The automatically closing front and rear doors of the carwash as detailed in

the Resonate report shall be installed prior to occupation..

REASON: To maintain the amenity of the locality.

SIGNAGE

(14) Signage Lighting Hours

The lighting for the signs shall be switched off at midnight each day and

shall not be switched on before 6am of the following day.

REASON: Advertisements shall not detrimentally affect the amenity of the

locality.

(15) Signage Kept In Good Repair

The signs shall at all times be kept in good repair and condition.

REASON: Advertisements shall not detrimentally affect the amenity of the

locality.

(16) Overhanging of signage

No portion of the signs shall overhang the Council footpath/road reserve.

REASON: Advertisements shall not create a hazard to the public.

CARPARKING

(17) Bitumen/brick paved carparking Designed In Accordance With Australian

Standard AS 2890.1:2004.

All car parking spaces, driveways and manoeuvring areas shall be

designed, constructed, drained and line-marked in accordance with

Australian Standard AS 2890.1:2004. Line marking and directional arrows

shall be clearly visible and maintained in good condition at all times.

Driveways, vehicle manoeuvring and parking areas shall be constructed of

bitumen, concrete or brick paved prior to occupation and maintained in

good condition at all times to the reasonable satisfaction of the Council

REASON: To provide adequate, safe and efficient off-street parking for users

of the development

(18) Landscaping Protection In Carparks

All landscaped areas and structures adjacent to driveways and parking

areas shall be separated by kerbing prior to the occupation of the

development. Such devices shall not impede the free movement of people

with disabilities.

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REASON: To protect the landscaping and adjacent structures from vehicular

damage.

(19) Car Parking Directional Signage

Directional signs indicating the location of car parking spaces shall be

provided on the subject land and maintained in a clear and legible condition

at all times.

REASON: To identify the location of off-street parking and ensure the free flow

of traffic.

(20) Unloading And Storage Of Materials And Goods

All materials and goods shall at all times be loaded and unloaded within the

confines of the subject land. Materials and goods shall not be stored on

the land in areas delineated for use for car parking.

REASON: To provide safe and efficient movement of people and goods.

(21) Stormwater Management

Stormwater management shall be in accordance with the PT Design report

submitted to the Council on 13 March 2015. Stormwater discharge to

Merrion Terrace: After passing through appropriate treatment as detailed

on pages 23/24 of the PT Design report, the 150mm stormwater pipework

shall discharge at the new kerbing on Merrion Terrace via a small side entry

pit or similar as approved by the Council

.

REASON: To protect PVC pipe ends from damage from vehicles and to allow

water to dissipate energy before entering normal gutter flow water

(22) CEMP

Construction shall be in accordance with the CEMP submitted to the

Council on 12 July 2015. The pollutant and oil trap shall be installed prior to

occupation of the site

REASON: Development should prevent erosion and stormwater pollution

before, during and after construction.

WASTE

(23) Removal Of Solid Waste

All solid waste including food, leaves, papers, cartons, boxes and scrap

material of any kind shall be stored in a closed container having a close

fitting lid. The container shall be stored in a screened area so that is it not

visible to public view from Mount Barker Road and Merrion Terrace. Such

containers shall be covered at all times to prevent the entry of stormwater

or wind dispersal, be sealed to prevent leakage and shall not be used for

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the storage of toxic materials, chemicals, solvents, any liquids or sludges

and shall be located on hard stand areas.

REASON: To maintain the amenity of the locality.

DPTI CONDITIONS

(24) Solid Median installation

A solid central median shall be installed on Mount Barker Road, extending

from the existing island east for a distance of at least 15m, in order to

restrict access to a left turn in and left turn out basis.

The installation of the solid central median on Mount Barker Road shall be

designed and constructed to the satisfaction of DPTI prior to the new

service station becoming operational, with all costs associated with the

road works (including but not limited to, project management and any

necessary road lighting/drainage upgrades) being borne by the applicant.

The applicant shall enter into an agreement with DPTI regarding these

works and is required to contact DPTI, Traffic Operations, A/Project Liaison

Engineer, Ms Christina Canatselis via 8226 8262, 0401 120 490 or

[email protected] prior to undertaking any design.

REASON: To reduce interference with the free flow of traffic on adjoining

roads

(25) Entry and Exit

All vehicles shall enter and exit the site in a forward direction

REASON: To reduce interference with the free flow of traffic on adjoining

roads

(26) Restriction on length of delivery vehicles

Delivery vehicles to the development site shall be restricted to a maximum

length of 17 metres.

REASON: To maintain safe and convenient movement of vehicles

(27) All servicing of the site by heavy vehicles shall be undertaken outside of

the peak trading periods and peak traffic periods in order to minimise the

potential for vehicular conflict.

REASON: To reduce interference with the free flow of traffic on adjoining

roads

(28) Illumination of signage

All signs visible from Mount Barker Road shall not contain any element of

LED or LCD display. All illuminated signage visible from Mount Barker Road

shall be limited to a low level of illumination.

REASON: Advertisements shall not detrimentally affect the amenity of the

locality

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(29) Static signage

All signage upon the site visible from Mount Barker Road shall be static at

all times. No element of the signage shall flash, scroll, move or change.

REASON: Advertisements shall not create a hazard to the public

(30) Electronic signage

The operational system for any electronic signage on the site shall

incorporate an automatic error detection system which will turn the display

off or to a blank, black screen should the screen or system malfunction.

REASON: Advertisements shall not create a hazard to the public

(31) Low reflectivity signage

Non-illuminated signage shall be finished in a material of low reflectivity to

minimise the likelihood of sun/headlamp glare.

REASON: Advertisements shall not create a hazard to the public

(32) Trailer Mounted Variable Message Displays

The utilisation of Trailer Mounted Variable Message Displays for advertising

purposes shall not be permitted on or adjacent to the subject land.

REASON: Advertisements shall not create a hazard to the public

(33) Stormwater discharge

No stormwater from this development shall be permitted to discharge on-

surface to the adjacent roads. In addition, any existing drainage of the

roads is to be accommodated in the development and any alterations to

road drainage infrastructure as a result of this development are to be at the

expense of the applicant.

REASON: To ensure safe access and egress to the site and to maintain the

free flow of traffic.

EPA CONDITIONS (34) Site contamination

The development shall be undertaken in accordance with the Construction Environmental Management Plan which includes the removal and disposal of Underground Storage Tanks (USTs) in accordance with the relevant standards and guidelines.

REASON: Development should not detrimentally affect the amenity of the locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(35) Site contamination consultant

A suitably qualified and experienced site contamination consultant shall be engaged by the applicant to implement the CEMP and to manage and dispose of contaminated soil in accordance with EPA and other relevant guidelines.

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Prior to backfilling or replacement of the USS, the consultant shall validate the UST excavation pits in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999 and other EPA guidelines

REASON: Development should not detrimentally affect the amenity of the

locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(36) Residual contamination risk statement

Within two months of completion of the works, a definitive statement shall be provided to the Council stating that the site is suitable for use and that a residual contamination does not pose unacceptable risks to human health or the environment taking into account the land use, or harm to water that is not trivial. The definitive statement shall be in the form of an environmental assessment report prepared by environmental consultants in accordance with the National Environment Protection (Assessment of Site Contamination) Measure (NEMP) and relevant EPA guidelines and shall include documentation of remediation works and validation results of the UST excavation.

REASON: Development should not detrimentally affect the amenity of the

locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(37) Fuel storage tanks

All fuel storage tanks (apart from diesel and LPG) shall be fitted with a stage 1 vapour recovery system (which includes the underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tanker during filling=

REASON: Development should not detrimentally affect the amenity of the locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(38) Underground fuel tanks The underground fuel tanks shall be double-walled fibreglass tanks and the

space between the walls filled with a gel that is monitored for any changes in colour. Any changes in colour shall be promptly investigated.

REASON: Development should not detrimentally affect the amenity of the

locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(39) Pressure leak detection

All fuel lines between the tanks and dispensers shall be fitted with pressure leak detection sensors. In the event of product loss, the lines shall lose pressure and immediately signal an alarm.

REASON: Development should not detrimentally affect the amenity of the

locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

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(40) Hard surface above in-ground tanks Following the installation of the in-ground fuel tanks, all trafficked areas shall be hard surfaced using either bitumen, concrete or other impervious material with crossover grates

REASON: Development should not detrimentally affect the amenity of the locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(41) Puraceptor separator

All stormwater runoff (including under the canopy and crossover gratings) shall be directed to the SPEL Puraceptor Class 1 Full Retention Separator (with an audible and visual alarm to signal when the SPEL Puraceptor requires servicing) prior to discharge to the council stormwater system

REASON: Development should not detrimentally affect the amenity of the locality or cause nuisance by reason of emission of noise, vibration, odour, fumes or dust

(42) Removal of residue

Any sludge and oily residue collected within the SPEL Puraceptor Class 1 Full Retention Separator is considered waste and shall be removed by an EPA licensed waste transporter to a licensed waste depot authorised to receive such waste

REASON: To ensure compliance with EPA requirements.

NOTES

(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12)

months commencing from the date of the decision (or if an appeal has been

commenced the date on which it is determined, whichever is later).

Building Rules Consent must be applied for prior to the expiry of the DPC,

or a fresh development application will be required. The twelve (12) month

time period may be further extended by Council agreement following

written request and payment of the relevant fee.

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(2) EPA Environmental Duty

The applicant is reminded of its general environmental duty, as required by

Section 25 of the Environment Protection Act 1993, to take all reasonable

and practical measures to ensure that the activities on the whole site,

including during construction, do not pollute the environment in a way

which may cause environmental harm.

(3) Works On Boundary

The development herein approved involves work on the boundary. The

onus of ensuring development is in the approved position on the correct

allotment is the responsibility of the land owner/applicant. This may

necessitate a survey being carried out by a licensed land surveyor prior to

the work commencing.

(4) Site contamination

If, in carry out the activity, contamination is identified which poses actual

or potential harm to the health or safety of human beings or the

environment that is not trivial (taking the land use into account) the

applicant may need to remediate the contamination in accordance with EPA

guidelines.

(5) Site contamination to water

If, at any stage, contamination is identified which poses actual or potential

harm to water that is not trivial, a notification of contamination which

affects or threatens groundwater (pursuant to Section 83A of the

Environment Protection Act 1993) must be submitted to the EPA.

(6) On-going monitoring of wells

The site is currently subject to on-going monitoring. The applicant should

liaise with VIVA Energy prior to site development to identify where on-site

wells may be damaged by site development works and arrange for the

appropriate decommissioning of on-site wells. Any off-site wells should be

protected from damage and are to remain in place.

(7) EPA information sheets

EPA information sheets, guidelines, documents, codes of practice,

technical bulletins etc can be accessed on the following website:

http://www.epa.sa.gov.au

(8) Compliance with Food Act SA 2001

This approval under the Development Act 1993 does not in any way imply

compliance with the Food Act SA 2001 and/or Food Safety Standards. It is

the responsibility of the owner of other person operating the food business

from the building to ensure compliance with the relevant legislation before

opening the food business on the site.

(9) Food Handling Notification

Food business notification must be provided prior to commencing any food

(or consumable product) handling activities. This may be provided on-line

at www.fbn.sa.gov.au or by obtaining a notification form from Adelaide Hills

Council.

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(10) DPTI note regarding Road Widening Plan

The site is subject to a possible requirement under the Metropolitan

Adelaide Road Widening Plan for a 4.5 m x 4.5 m corner cut-off at the Mount

Barker Road/Merrion Terrace corner. The consent of the Commissioner of

Highways is required under the Metropolitan Road Widening Plan Act for all

new building works located on or within 6m of the possible requirement.

The applicant should fill out the consent form and forward to DPTI together

with three copies of the approved plans.

9. ATTACHMENTS 1. Locality Plan 2. Proposal Plans and Details 3. DPTI Response 4. EPA Response 5. State Heritage Unit Response 6. Local Heritage Response 7. Representations 8. Applicant’s response to representations

Respectfully submitted Concurrence

___________________________ _______________________________

Vanessa Nixon Deryn Atkinson

Acting Manager Development Services Acting Director Strategy & Development

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ATTACHMENT 1

LOCALITY PLAN

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ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

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ATTACHMENT 3

DPTI RESPONSE

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ATTACHMENT 4

EPA RESPONSE

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ATTACHMENT 5

STATE HERITAGE UNIT RESPONSE

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ATTACHMENT 6

LOCAL HERITAGE RESPONSE

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ATTACHMENT 7

REPRESENTATIONS

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ATTACHMENT 8

RESPONSE TO REPRESENTATIONS

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ATTACHMENT 9

SONUS REPORT

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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 1 September 2015

AGENDA BUSINESS ITEM – 11.1

To: CDAP Members

From: Vanessa Nixon

Date: 25 August 2015

Development No 15/711 Proposal Variation to development authorisation 13/847 - change in

approved use of building 4 from two offices and one dwelling to three dwellings

Subject Land: 3 Pomona Road, Stirling SA 5152 Lot:13 Sec: P46 DP:92777 CT:6127/47

Subject: Request for staff delegation to grant consent to variation

Dear Members, The CDAP granted consent on 1st April 2014 for a mixed use development - two storey offices & dwellings, carparking, retaining walls, removal of one significant & five regulated Eucalyptus globulus trees, fencing, water storage tanks & associated earthworks at 3 Pomona Road. In total, ten offices and five dwellings were approved. The applicant has requested that a variation to the approval be considered, to change the mix of offices and dwellings. Building 4 would now contain two dwellings rather than 3 offices. This would result in a mix of 7 offices and 6 dwellings. As the original application was presented to the CDAP for a decision, as a matter of practice, the variation application would normally be considered by CDAP. However, staff also have the delegation to assess and determine variations to previous consents and in this instance it is requested that the CDAP authorise staff to determine the variation as the built form is not going to change significantly. A copy of the approved plans and the variation request including amended plans are included for your information. Yours sincerely

Vanessa Nixon Acting Manager Development Services