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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING1 July 2014AGENDA

BUSINESS ITEM – 8.1

Applicant: Deviation Road Wines Landowner: K J Laurie

Agent: Planning Studio – Emma Barnes Ward: ManoahDevelopment Application: 13/887/473 Originating Officer: Melanie Scott

Application Description: Alterations and additions to existing cellar door, including deck(maximum height 2.4m) and variation to capacity and hours of operation

Subject Land: Lot:102 Sec: P424DP:85742 CT:6081/15Subject Land: Lot:101 Sec: P424DP:85742 CT:6081/14

General Location: 187 & 207 Scott CreekRoad, Longwood 5153

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 24January 2013Map AdHi/34 & 38

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Rural Landscape PolicyArea

Form of Development:Merit

Site Area: 50.8 hectares

Public Notice Category: Category 2Merit

Representations Received: 3

Representations to be Heard: 2

1. EXECUTIVE SUMMARYThe purpose of this application is to undertake renovations to the built form of the cellardoor on the subject site being new toilets, an extended staff office area and meeting roomand storage. In order to increase the financial viability of the enterprise Council hasconsidered a number of Limited Liquor License applications for an extension to currentdevelopment approvals over the past three years, in particular events associated with theCrush and Fringe Festivals. These events have usually included outdoor entertainment.Council advised the proprietor that should they consider these events part of their corebusiness they should seek to amend their development approval, hence the changes tothe operating hours and capacity proposed as part of this application. The applicant hasproposed a total of twelve outdoor events over a twelve month period all of which mayinclude outdoor entertainment. It is proposed four of these events have a capacity of 450persons and the remaining eight events have a capacity of 250 persons.

The subject land is located within the Watershed (Primary Production) Zone - RuralLandscape Policy Area and is a merit form of development. Two representations inopposition to the proposal and one in support were received as a result of the Category 2public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2applications where representors wish to be heard.

Council Development Assessment Panel Meeting – 1 July 2014Deviation Road Wines13/887/473

The main issues relating to the proposal are the representors concerns with noise andconsequential effect on amenity, bushfire and evacuation, wildlife impact and the realintent of the application.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

Conversion of existing northern pergola to a verandah (retrospective)

An increase of 34m2 to existing licensed areas, being the upstairs meeting room

Upper level meeting room and access deck

Three new toilets

Removable marquee in association with existing ground level deck

Four (4) functions a year with up to 450 guests

Eight (8) functions a year with up to 250 guests

Change of hours of operation from 10am to 5pm any day to 8am to midnight any dayat 135 persons. The number of persons being the same as currently approved.

Outdoor entertainment to occur in conjunction with the proposed events and thehours proposed being to 11pm on up to twelve (12) occasions.

Two informal overflow carparking areas, one for 60 vehicles and the other for 75vehicles.

The proposed plans are included in Attachment 2.

3. HISTORYMay 12, 2005 05/D53/473 CDAP approved a non complying land

division to create one additional allotmentMarch 25, 2010 09/827/473 Council approved a vineyard (1.26ha),

Cellar Door Facility with associated car parkingSeptember 21, 201310/837/473 Council approved two signs

4. REFERRAL RESPONSES

CFSThis application was informally referred to the CFS. As the building does not fitthe CFS description of a habitable building in the sense of the Development Actthe application does not require referral in accordance with Schedule 8 of theDevelopment Regulations. CFS has no comment with regard to hours ofoperation and the number of guests. The CFS advised the Bushfire Attack Levelas 12.5 and that access to the site is in accordance with the Ministers Code:


undertaking development in a Bushfire Protection Area.

AHC EHUCouncil’s Environmental Health Officer has granted approval to alter an aerobic awaste water treatment system (refer 14/W48/473).

AHC EHU - Food.No alterations to existing kitchen specified on plans. No food safety (additional)requirements.

5. CONSULTATIONCouncil concluded from all the evidence provided the primary function of the buildingon the site is as a cellar door for associated retail sales per the previous approval forthe site which anticipated a maximum of 135 guests at any one time in a space of some217m2. As the proposal meets the provisions of Zone PDC 70, in particular as theselling and tasting of wine are the predominant activities, and the gross leasable areafor wine tasting and retail sales does not exceed 250m2 it is a merit application.

The application was categorised as a Category 2 form of development in accordancewith Zone PDC 72 requiring formal public notification for cellar doors. Councilconsidered this application to be a variation of opening hours and numbers of patronsand not a change in the essential nature of activities on the site.

Three representations were received. One of these was not an owner/occupier of anadjacent piece of land and another was late. Two representations are opposing theproposal.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Joan Matthews 43 Walker Ave Heathfield SelfBrenda Davis 40 Walker Ave Heathfield Self

The applicant and/or their representative – Emma Barnes (Planning Studio) may be inattendance.

The issues contained in the representations can be briefly summarised as follows: Noise at night Bushfire safety Drink drivers Correct description of the proposalThese issues are discussed in detail in the following sections of the report.

Copies of the submissions are included as Attachment 3 and the applicant’s responseto these is provided in Attachment 4.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:


i. The Site’s Physical CharacteristicsThe subject land is 51 hectares in area and consists of two titles. Aside fromthe adjacent Loftia Park the subject land is one of the largest parcels in thelocality. The land slopes up from Scott Creek Road in the west to a high pointin the east mid way through the land. The balance of the land to the east isundulating and covered in native vegetation. A small portion of the land hasbeen planted to vineyard with the subject cellar door being adjacent the vines.There is a dwelling and farm buildings on the same allotment. There is adwelling on the second allotment. The balance of the subject land isvegetated with mainly native vegetation and a significant portion is the subjectof a Heritage Agreement pursuant to Section 23 of the Native Vegetation Act1991.

ii. The Surrounding AreaTo the south of the subject land are varying sized allotments with mixed usedhobby farming activities, gentle undulations and largely cleared land. To thewest and north the neighbouring land is vegetated and more steeplyundulating. There is a street adjacent the subject land to the north eastcontaining residential lots averaging 1100m2.

iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Rural Landscape Policy Area of the WatershedPrimary Production Zone and these provisions seek:

Rural Landscape Policy Area- pleasant rural character- primary production- protection of water resources- minimisation of fire risk and nuisance to neighbours.

The subject land is one of the larger parcels in the area and with the vineyardand cellar door is considered by Council to be making best use of the land forprimary production in accordance with PDC 1. The owner and their agenthave undertaken some negotiation with one of the representors and agreedany outdoor entertainment should cease at 11pm minimising any interruptionto the amenity of the area. Council further considers the proposed twelveevents a year with larger capacity with possible outdoor entertainment to be inaccordance with PDC 1.

Further the site has significant native vegetation and some of it is protected bya Heritage Agreement which when combined with the sensitive siting of thevineyard and cellar door building is considered to be in accordance with PDCs4,5 and 6.

Refer to Attachment 5 for the relevant Policy Area provisions.

The Watershed Primary Production Zone provisions seek:- maintenance of natural resources- long term sustainability of rural production


- enhancement of amenity for residents and visitors and development ofsustainable tourism

Refer to Attachment 6 for the relevant Zone provisions.

Accordance with ZoneThe chosen site of the cellar door and the form of the extension is consideredby Council to be in accordance with PDC 7, 8 and 11 as the building is nestledinto the hillside alongside the vines and clustered into the one structure visiblefrom Scott Creek Road.

The proposed built form extensions are incidential and ancillary to the existinguse of the land ensuring the proposal is in accordance with PDC 12.

Further the proposal is in accordance with PDCs 16, 17 and 42 as it is toensure primary production will continue on the land.

As the proposal is contained within the section of the subject land alreadycleared of native vegetation it is in accordance with PDCs 29, 30 and 31.

The Cellar Door is for the sale of the proprietor’s own product and therefore inaccordance with PDCs 67 and 68. Further the proposal meets all therequirements of PDC 69 in that the land is not subject to inundation, has aslope of less than 1 in 5, and is set back 25metres from any bore, well orwatercourse.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- Provision of increased employment opportunities and protection of

primary production land- to enhance district character through encouragement of sensitive

tourism developments

Refer to Attachment 7 for the relevant Council Wide provisions.

The proposal is a modest change to the existing built form on the subject landand as such meets Council Wide PDCs 2 & 3. Further the approval of up totwelve events with larger numbers of guests over the course of a calendaryear is argued as also meeting the requirements of PDCs 2 & 3 as theproposal enables the better and more economic use of an existing facility.

With chosen building finishes being generally Colorbond© Woodland Grey theproposal meets the requirements of PDC 22. The chosen location of the cellardoor is set back from the road and nestled into a low spot on the subject landin accordance with PDC 23.

With regards to PDC 13 the representors located some 800m from theproposal, as the crow flies, have suggested the noise may affect their amenity.The opposing representors (one valid and the other not) have not beenspecific about what sort of noise, Council has made the assumption the noisemay be sourced from outdoor entertainment associated with the larger events.


The applicant’s planning consultant has provided some sound advice and alate representation has suggested associated noise is not “unreasonable”.Further the applicant has amended their requested hours of operation as aresult of negotiation with neighbours to minimise impact on amenity. Onbalance Council considers the proposal is in accordance with PDC 13.

Extended on-site carparking is in an unmade form in a paddock that has lowquality soil, a gentle slope and some gravel, which will minimise dust andstormwater run off issues. Further there are a number of shrubs and trees inthis area which will minimise the visual impact of the proposed parking atlarger events from the road.

Through value adding to the small vineyard (1.2ha) and the existing cellar doorthe proposal meets Council Wide objectives 61, 62, 63 and 65 and PDCs 259,261, 262, 264 in that it is secondary to the primary production on the land andbeing sited on a larger allotment is compatible with the local area.

There is no proposal to alter native vegetation on the site and there is aHeritage Agreement over much of the vegetation on-site ensuring the proposalis in accordance with PDCs 266, 267, 268 and 274.

Fire Protection issuesAs previously noted no formal referral is required, however informallyapplication was assessed by the CFS as BAL 12.5. The applicant throughtheir planning consultant has indicated they take their responsibilitiesregarding fire safety seriously, to the extent an event was cancelled on acatastrophic day during summer 2014. The applicant is encouraged tocontinue to work with the CFS on a bushfire and emergency plan for theproperty.

Environmental/Public Health issuesCouncil’s EHU and Food Safety Officers have assessed the proposal ashaving no additional requirements.

7. SUMMARY & CONCLUSIONThe site has current approved hours of 10am to 5pm any day with a maximum of 135guests, this proposal extends those hours to 8am to midnight any day. In addition theapplicant seeks to have up to 250 persons on eight occasions and 450 persons on fouroccasions in any twelve month period with possible associated outdoor entertainmentuntil 11pm. The applicant has no intention of operating for the full span of hours,however seeks flexibility in catering for special events which may be breakfast or eveningevents. Council is of the opinion that the proposal may create short term interruption tolocal amenity but the proposal is acceptable on the basis of the low frequency and shortterm nature of the possible interruptions.

The proposed changes to built form are of a minor nature and meet Council’s designguidelines. It should be noted the verandah on the northern extension of the cellar dooris a retrospective approval.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, 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. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 13/887/473 by Deviation Road Wines for Alterations and additions toexisting cellar door, including deck (maximum height 2.4m) and variation tocapacity and hours of operation at 187 & 207 Scott Creek Road, Longwood 5153subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Submissions from Planning Studio dated 13 December 2013 and 3

March 2014- Plans from Bey Drafting drawing number 1311.03SD2 sheets 1 & 2 of

2

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.

(2) External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: Colorbond© Woodland Grey or similarROOF: Colorbond© Woodland Grey or similar

REASON: The external materials of buildings should have surfaces which areof a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.

(3) Car Parking Directional SignageDirectional signs indicating the location of additional car parking spacesshall be provided on the subject land and maintained in a clear and legiblecondition at all times.

REASON: To identify the location of off-street parking and ensure the free flowof traffic.

(4) Restriction On Number Of FunctionsThe number of functions in a calendar year shall not exceed twelvefunctions per year. Such functions shall have a maximum capacity of fourat 450 persons and eight at 250 persons. Any increase in the number offunctions/capacity will require separate development approval.

Any outdoor entertainment shall cease at 11pm on any day.


REASON: To ensure the proposed development is undertaken in accordancewith the approved plans and to ensure the waste control system isadequate

(5) Portable toilets shall be supplied for the functions as follows: The functions at 250 persons will require the provision of 2 additional

pans and one additional urinals as portaloos in addition to the on-sitefacilities to meet the requirements of the Building Code of Australia.

The functions at 450 persons will require the provision of 4 additionalpans and 3 additional urinals as portaloos in addition to the on-sitefacilities to meet the requirements of the Building Code of Australia.

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans and to ensure the waste control system isadequate

(6) Opening HoursThe opening hours of the cellar door sales shall be 8am – midnight sevendays per week.

REASON: To ensure the development operates in accordance with theapproval

(7) Overall CapacityAt any one time, the overall capacity of the cellar door shall be limited to amaximum of 135 persons, with the exception of the twelve events listed inthis approval.

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans, to ensure that neighbouring properties arenot impacted on negatively by this development and to ensure thewaste control system is adequate.


(8) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall betreated on-site to the satisfaction of Council using design techniques suchas:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basins

Stormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs onadjacent sites.

(9) Removal Of Solid WasteAll solid waste including food, leaves, papers, cartons, boxes and scrapmaterial of any kind shall be stored in a closed container having a closefitting lid. The container shall be stored in a screened area so that is it notvisible to Scott Creek Road.

REASON: To maintain the amenity of the locality.

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 beencommenced 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) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environment ina way which causes, or may cause, environmental harm.


(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should be directedto the Native Vegetation Council Secretariat on 8303 9777. This must besought prior to Full Development Approval being granted by Council.

(5) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. It isthe responsibility of the owner of other person operating the food businessfrom the building to ensure compliance with the relevant legislation beforeopening the food business on the site.

(6) Food Handling NotificationFood business notification must be provided prior to commencing any food(or consumable product) handling activities. This may be provided on-lineat www.fbn.sa.gov.au or by obtaining a notification form from Adelaide HillsCouncil.

(7) The overflow parking and proposed parking are not formally sealed ormarked. Any proposal to ‘seal’ these areas would be the subject of afurther application to Council.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Representations4. Applicant’s response to representations5. Relevant Development Plan Policy Area provisions6. Relevant Development Plan Zone provisions7. Relevant Development Plan Council Wide provisions


Respectfully submitted Concurrence

___________________________ _______________________________

Melanie Scott Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

REPRESENTATIONS

ATTACHMENT 4

RESPONSE TO REPRESENTATIONS

ATTACHMENT 5

RELEVANT POLICY AREA PROVISIONS

Rural Landscape Policy AreaOBJECTIVESObjective 1: A Policy Area primarily for Primary Production with rural living in localities wherethe allotments are small.Objective 2: Retention of low density rural and rural living activities and exclusion of land useswhich would create nuisance to surrounding properties.Objective 3: A scenically attractive rural character.Objective 4: A pleasant rural character derived from the retention of existing flora and fauna,including significant stands of vegetation.Objective 5: Protection of water, air and land resources from pollution.Objective 6: Minimization of fire risk.

PRINCIPLES OF DEVELOPMENT CONTROLForm of Development1 Development should be primarily for farming and horticulture, with natural open space in orderto retain the qualities and amenity of the locality.2 Development not being primary production should be for residential and ancillary purposes,not causing nuisance to neighbouring allotments.Conservation4 Buildings in the vicinity of tributaries of the Onkaparinga River should be set-back at least 30metres from the centre line of any watercourses.5 All activities should be carried out with regard to water conservation, preservation andbushland of landscape quality, and with a view to minimizing environmental problems.Appearance of Land and Buildings6 Buildings should be of a high standard of design, with respect to external appearance, choiceof materials and colours. Buildings should be sited to blend with, preserve and enhance thecharacter and amenity of the locality.

ATTACHMENT 6

RELEVANT ZONE PROVISIONS

Objective 1: The maintenance and enhancement of the natural resources of the south MountLofty Ranges.Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of highquality water.Objective 3: The long-term sustainability of rural production in the south Mount Lofty Ranges.Objective 4: The preservation and restoration of remnant native vegetation in the south MountLofty Ranges.Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Rangesfor the enjoyment of residents and visitors.Objective 6: The development of a sustainable tourism industry with accommodation,attractions and facilities which relate to and interpret the natural and cultural resources of thesouth Mount Lofty Ranges, and increase the opportunities for visitors to stay overnight.

7 Additions to buildings should:(a) be located on the side of the dwelling which minimizes the obtrusiveness of the completedbuilding; and(b) comply with the previously mentioned principles of development control relating to thelocation and design of buildings.8 The number of outbuildings should be limited, and where appropriate they should be groupedtogether, located in unobtrusive locations and comply with the previously mentioned principles ofdevelopment control relating to the location and design of buildings.9 Driveways and access tracks should follow the contours of the land to reduce their visualimpact and erosion from water run-off and be surfaced with dark materials. Theexcavation/filling of land should be kept to a minimum to preserve the natural form of the landand the native vegetation.11 Buildings should not impair the character of rural areas by reason of their scale or siting. Ifnecessary, buildings should be screened by trees or shrubs.12 Shops or offices should not be established unless they are incidental or ancillary to theagricultural use of land.14 Development should not detract from the natural and rural landscape character of the region.15 The rural character, comprising natural features and man-made activities, should bepreserved by careful siting, design and landscaping of new building development and/orintensive land uses.16 Development should ensure that primary production activity is not prejudiced.17 Land which is particularly suitable for primary production should be used or remain availablefor such purposes.29 Buildings should not be located within areas of native vegetation.30 Buildings near native vegetation should be sited only where there is an existing cleared areaof sufficient size to ensure the safety of the proposed structures from fire hazard without theneed for further clearance.31 No change of land use should occur in or near areas of native vegetation which are likely toadversely impact on the vegetation.42 Rural areas should be retained for primary production purposes and other uses compatiblewith maintaining rural productivity.67 Cellar door sales outlets should:(b) primarily sell and offer the tasting of wine that is produced within the Mount Lofty RangesRegion, as shown on Mount Lofty Ranges Region Figure 1;

(c) not result in a gross leasable area of greater than 25 square metres for the display and saleof any non-beverage or non-food items on the allotment; and(d) not result in a gross leasable area of greater than 250 square metres for wine tasting andretail sales (and this includes any retail sale of non-beverage or non-food items).68 Shops where the tasting of wine and retail sale of wine are the predominant activities andwhere the sale of wine is limited to that which is uniquely the licensee’s own product should:(a) be established on the same allotment as a vineyard, where the vineyard should be at least0.5 hectares;(b) primarily sell and offer the tasting of wine that is produced within the Mount Lofty RangesRegion, as shown on Mount Lofty Ranges Region Figure 1;(c) not result in a gross leasable area of greater than 25 square metres for the display and saleof any non-beverage or non-food items on the allotment; and(d) not result in a gross leasable area of greater than 250 square metres for wine tasting andretail sales (and this includes any retail sale of non-beverage or non-food items).69 Restaurants, cellar door sales outlets and shops where the tasting of wine and retail sale ofwine are the predominant activities and where the sale of wine is limited to that which is uniquelythe licensee’s own product should:(a) not be sited:(i) within areas subject to inundation by a 100-year period flood event or sited on land fill whichwould interfere with the flow of such flood waters;(ii) on land with a slope more than 20 percent (1 in 5);(b) be setback a minimum of 25 metres from any bore, well or watercourse, where awatercourse is identified as a blue line on a current series 1:50 000 Government standardtopographic map or where there is observed a clearly defined bed and banks where water flowsat any time and includes all:(i) dams or reservoirs that collect water flowing in a watercourse;(ii) lakes through which water flows;(iii) channels into which water has been diverted; and(iv) any known underground seepage condition;(c) be setback a minimum of 50 metres from a road other than where occupying a local or stateheritage listed building;(d) not result in ribbon development along roads; and(e) maintain a clear delineation between urban and rural development.

ATTACHMENT 7

RELEVANT COUNCIL WIDE PROVISIONS

Objective 1: Orderly and economic development.Objective 2: A proper distribution and segregation of living, working and recreational activities bythe allocation of suitable areas of land for those purposes.Objective 6: Protection of productive primary production land from conversion to non-productiveor incompatible uses, and encouragement of full-time farming of rural land.Objective 8: Provision for increased employment opportunities.

2 Development should be orderly and economic.3 Development should take place on land which is suitable for the intended use of that land havingregard to the location and condition of that land and the objectives for the zone in which it islocated.13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(d) by the loss of privacy; or(e) traffic generation; or22 Buildings should be clad in materials which are non-reflective and which do not detract fromthe amenity and character of the locality by reason of unsightly appearance.23 Buildings should be deeply set-back from the road frontage to enable retention of the beautyand wooded character of the locality.

Objective 61: The retention of rural areas primarily for forestry, primary production andconservation purposes and the maintenance of the natural character and rural beauty of suchareas.Objective 62: The retention of rural land in primary production especially land suitable for highrates of fruit and vegetable production.Objective 63: Increased employment opportunities in primary production, associated serviceindustries and in small workshops of a craft nature.Objective 65: The extension of the economic base of the Mount Lofty Ranges Region in anenvironmentally sensitive and sustainable manner.

173 Rural land should primarily be retained for agricultural and/or native vegetation retentionpurposes.

Objective 95: To assist in preservation and enhancement of the district character throughencouragement of sensitive tourist developments.Objective 96: To assist and encourage development of small scale tourist accommodationfacilities in localities having a convenient access to primary traffic routes as shown on MapAdHi/1 (Overlay 1).Objective 97: The maximization of informal public access and usage of natural and historicalresources.Objective 98: The development of support facilities (tourist information boards, directionalsigns, etc) to assist in promotion of tourism within the area.

259 Tourism developments should:(a) enhance the character of the locality in which they are to be located;

(b) be compatible with the cultural and heritage values of the locality and the Region;(c) be small in scale and designed and sited to be compatible with the local environment;(d) enhance the visual amenity of the locality;(e) utilise, where possible, existing buildings, and particularly heritage buildings.261 Tourism developments in rural areas should ensure that agricultural activities aremaintained as the predominant land use in the Region, and are situated on land with loweragricultural potential.262 Tourism developments, where proposed to be located in proximity to rural industry andseasonal activities should be designed and sited to reduce the potential for disturbance ordisruption to the tourist activity and should be located in a manner which is compatible withsurrounding uses.264 Tourism developments in rural areas should provide visitor experiences and be developedin association with:(a) agriculture, viticulture and winery development;265 Tourism developments should:(a) not exceed the capacity of the infrastructure or facilities required to service them;(b) use external materials of construction that are in keeping with traditional building styles,incorporating by way of example; stone, masonry or weatherboard walls, timber framedwindows, pitched corrugated steel roofs in either naturally weathered galvanised iron or similar,verandahs where appropriate and outbuildings, fences and other structures to complement themajor buildings;(c) provide vehicle parking and access ways which are surfaced with materials appropriate tomaintaining the character of the locality;(d) be designed and sited to prevent overshadowing and overlooking;(e) provide safe and convenient vehicle access that is compatible with the surrounding uses.266 Tourism developments in rural areas should:(a) ensure the retention of native vegetation is maximised by only locating in areas whichconsist of a modified landscape;(b) not require changes to natural features;267 Tourism developments should protect the water resources of the Region by:(a) being located away from water sensitive areas;(b) having safe and efficient effluent disposal systems;(c) incorporating an adequate area for waste disposal on the allotment of the proposeddevelopment;(d) disposing of waste water and effluent onto land and at a rate within the capacity of theallotment to retain and treat effluent;(e) not disposing of waste water and effluent into watercourses;(f) avoiding the use of holding tanks for waste water and effluent.268 Tourism developments should only occur if a water source of acceptable quality, quantityand reliability is secured.274 Tourism development should be sensitive to the locality in which they are located and assistin the preservation, reinforcement and enhancement of the character of the locality.275 Tourism development should be of a size and nature such that it will not lead to thecommercialisation and over-exploitation of the natural and historical resources.276 Tourism development should assist in preservation and re-development of the natural andhistorical resource.

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING1 July 2014

AGENDABUSINESS ITEM – 8.2

Applicant: Medallion Homes Pty Ltd Landowner: V A D Nominees Pty Ltd

Agent: Simon Cross Ward: Mt LoftyDevelopment Application: 13/954/473 Originating Officer: Vanessa Nixon

Application Description: Additions to existing tourist accommodation for 14 persons &associated day spa

Subject Land: Lot:10 Sec: P840DP:63243 CT:5921/309 and Lot:2 Sec:P840 FP:11942 CT:5108/616

General Location: 72 & 74 Mount LoftySummit Road, Crafers

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24January 2013Map AdHi/23

Zone/Policy Area: Tourist AccommodationZone



Public Notice Category: Category 3Merit

Notice published in The Advertiser on 10January 2014

Representations Received: One

Representations to be Heard: One

1. EXECUTIVE SUMMARYThe purpose of this application is to construct three buildings containing seven single-storey units for tourist accommodation and a day spa centre. The building is to be used inassociation with the existing tourist accommodation (Mt Lofty House).

The subject land is located within the Tourist Accommodation Zone and is a merit form ofdevelopment, as the floor area of the additions are less than 25% of the existing use as of25 May 2006. One representation in opposition to the proposal was received during theCategory 3 public notification period.The proposal to construct seven tourist accommodation units with associated day spafacility nestled on the edge of the Piccadilly valley is considered a small-scale addition onthe existing Mount Lofty House complex. The proposal will provide an alternative style ofaccommodation to the site away from the main building. The day spa facility will alsoprovide additional recreational facilities for guests in the main building and the new units,as well as the public generally.Carparking has been adequately addressed and the location, design and materials of theproposed building will not negatively impact on the local heritage listed building. It isconsidered the proposal will not impact on adjoining residential properties or the localroads.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3applications where a representor wishes to be heard.

Council Development Assessment Panel Meeting – 1 July 2014Medallion Homes13/954/473

The main issues relating to the proposal are water and sewer connections and therepresentor’s concerns with carparking.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.


Three buildings containing

o A total of seven single storey units for tourist accommodation for two personswith private spa on balcony and verandahs (541m2)

o Day spa centre with eight treatment rooms (493m2)

o Sandstone cladding, neutral beige render, charcoal Colorbond © and glassbalustrades

o Minor earthworks to facilitate the building and carparking

o Landscaping including grass, small to medium trees around the buildings andcarparking area

o 7 additional carparking spaces to the west of the proposed buildings

o Removal of 11 monterey cypress (cupresssus macrocarpa) – not subject toregulated tree legislation

The buildings are proposed with setbacks of:

o 60m from Mt Lofty House

o 12m from eastern boundary with the Botanic Gardens

The proposed location of the buildings is approximately 5 metres lower than Mt LoftyHouse, with wall heights of 3.5 – 4.3m. The overall height of the buildings above naturalground level is 5.4m.


3. HISTORYDecember 4, 2002 02/782/473 Council approved additions to Piccadilly

restaurantAugust 16, 2005 05/357/473 Council approved removal of a significant treeOctober 24, 2008 06/D33/473 DAC approved boundary re-alignmentDecember 15, 2008 08/661/473 Council approved building fire services upgradeJanuary 19, 2009 06/1211/47 CDAP approved a two-storey (20 unit)

accommodation facility – LAPSEDJanuary 5, 2010 09/1157/473 Council approved a deck to the function areaApril 1, 2011 10/924/473 Council approved a water storage tankNovember 1, 2011 10/664/473 CDAP approved advertising displayMay 30, 2012 12/105/473 Council approved storage shed in association

with vineyardAugust 9, 2013 13/209/473 Council approved permanent marquee extension

to restaurant


October 29, 2013 13/925/473 Medallion Homes lodged a boundaryre-alignment (currently under assessment)


CFSThe CFS has advised that the site is subject to ongoing Building Fire SafetyCommittee action and provide no further advice. This is being dealt with by theBFSC.

BUILDING FIRE SAFETY COMMITTEEThe site is subject to the requirements of the Building Fire Safety Committee anda Section 71 fire safety notice. The proposal will require fire safety facilities to beinstalled, which will require a separate development application as water tanksnear the main building will be required which are not included in this applicationrefer recommended note 8.

LOCAL HERITAGE ADVISORThe local heritage advisor has advised the accommodation units will not directlyimpact on the heritage values of Mount Lofty House as the works are locatedaway from the former dwelling. Conditions relating to roofing, glazing andstonework have been recommended (refer condition 3).A copy of the referral response is included as Attachment 3.

AHC EHUCouncil’s Environmental Health Officer has advised that the existing site isconnected to an indirect sewer line. The applicant has obtained the consent of SAWater to connect the proposed units and day spa into the existing system. A copyof the SA Water response is included as Attachment 4.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. One representation in opposition to the proposal was received froma nearby property owner.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Lucy & Andy Price 91 Mt Lofty Summit Road Lucy and Andy

The applicant’s representatives Simon Cross and John Outhred may be in attendance.


The issues contained in the representation can be briefly summarised as follows: Not enough carparking spaces Loss of current overflow carpark

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

A copy of the submission is included as Attachment 5 and the applicant’s response tothis is provided in Attachment 6.


i. The Site’s Physical CharacteristicsThe subject land is located on the intersection of Mount Lofty Summit Roadand Mawson Drive on the eastern side of the road. The subject land is anirregular shaped allotment of some 5.7 hectares in area, with frontage toMount Lofty Summit Road of 419.5m and Mawson Drive of 107.7m. Sited on anatural ridge line, the overall site falls steeply away to the north, south andeast, providing commanding views across the Piccadilly Valley. The subjectland contains the local heritage listed tourist accommodation “Mt Lofty House”along with associated buildings, carparking and vineyards.The land is currently accessed via driveways from Mount Lofty Summit Roadand Mawson Drive.

ii. The Surrounding AreaMount Lofty Summit Road is a designated Scenic Road with a speed limit of60kmph in this locality. The Botanic Gardens occupy extensive land to the eastand south of the subject land. There are three smaller residential allotments tothe south.

The locality is generally heavily vegetated and dwellings in the locality are wellscreened by mature vegetation. Dwellings within the locality are of asubstantial scale and some are listed as Local Heritage Places.

iii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Tourist Accommodation Zone and theseprovisions seek:

- residential living and tourist related facilities- preserving historic character of locality- protection from visual intrusion- provision of urban services

Refer to Attachment 7 for the relevant Zone provisions


Accordance with ZoneThe proposal seeks to provide accommodation for 14 persons in associationwith the existing hotel on the subject land. The use of the day spa is notrestricted to guests of the accommodation. There are no dining facilitiesproposed in the new buildings and guests will be able to access the existingdining facilities on the site. It is considered the proposal is consistent with ZonePDC 1 (b) and (c).

Form of DevelopmentThe proposal is a series of low scale buildings, set well below Mount LoftyHouse. It is considered the proposal will not impact on the heritage setting ofthe house and as such it is considered to maintain the historic character of thezone. Adjacent heritage listed properties will also not be affected by theproposal due to existing heavy vegetation. The proposal is therefore inaccordance with Zone PDC 2 (b).

The buildings are proposed well below Mount Lofty House and will not bevisible against the skyline. They will be screened by existing vegetation andthe topography of the land from the Mount Lofty Ranges Scenic Road. Thebuildings will be visible from the Piccadilly valley but will be nestled into thehillside. The condition recommended by the local heritage advisor regardingglazing will also reduce the visual impact from the valley.

Appropriateness of Proposal in LocalityThe buildings are essentially single storey in nature, with the decks (balconies)over the existing land fall. The design contains variations in roof lines,separation of buildings and includes large eaves to the rear. The use oflightweight materials and the colour scheme ensure the proposal willharmonise with the existing structures on the land. The proposal is thereforeconsidered to be in accordance with Zone PDC8.

Whilst the day spa will be available for use by the general public, it isanticipated the majority of users will be utilising the accommodation on site.The use of the land for day visitors is considered reasonable, given theexisting restaurant is not restricted to motel guests.

Existing driveways are utilised and minimal earthworks are required toconstruct the buildings. The proposal is therefore in accordance with ZonePDC 9.

ConservationThe proposal will be connected to SA Water for water supply and effluentdisposal and is therefore in accordance with Zone PDC 6.


The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development- sensitive tourist developments



Form of DevelopmentThe subject land is part of the existing Mount Lofty House touristaccommodation and restaurant use. The land is located within the TouristAccommodation Zone. The proposal is not located on land subject to floodingand requires minimal earthworks. The proposal is therefore in accordance withCW PDCs 3, 7, 9 and 10.

The proposal is setback from Mawson Drive and Mount Lofty Summit Roadwell in excess of the guidelines in PDCs 24 and 25.

Transportation

Existing and proposed carparking at Mount Lofty House in accordance with themotel provision in Table AdHi/4 is detailed below:

Mount Lofty House 33 rooms 1 per room 33 spacesRestaurants 200m2 1 per 10m2

floor area20 spaces

Proposed units 7 rooms 1 per room 7 spacesStaff for rooms 2 1 per 2 staff 1 spaceMaximum staff onsite

30 1 per 2 staff 15

TOTAL REQUIRED 76TOTAL TO BEPROVIDED

78 existing + 7proposed = 85

The above table illustrates that existing carparking requirements are met andthe proposal will provide adequate carparking for the existing and proposeddevelopment and is in accordance with PDC 59.

Eight treatment rooms are proposed as part of the proposal. Table Ad/Hi4does not provide standards for such a use, however the consulting roomprovisions are akin to such a proposal. Using these standards, threecarparking space per consulting room are required. This would result in 24additional carparks which is considered excessive given the majority of usersof the facility will already be staying on site. The property already contains 78carparking spaces. It is considered the 9 additional spaces over what isrequired for the tourist accommodation and restaurant uses is adequate. Asstated by the applicant, additional overflow carparking can also be provided onthe tennis court area when larger events are being held.

The representors have raised concerns regarding the loss of overflowcarparking from the proposed development. As the response to therepresentation indicates the use of the proposed day spa site is used from aconvenience point not a necessity.

The proposal is a small-scale addition to the existing facility and as suchshould not create traffic hazards, interference with traffic on any road orthoroughfare or impact on local residential properties. The proposal istherefore in accordance with PDCs 41, 43, 44, 46, 47 and 58.


Conservation and HeritageThe proposal is considered acceptable by the local heritage advisor and willnot impact on the local heritage listed Mount Lofty House. The proposal istherefore consistent with PDCs 203, 214 and 288.

No native vegetation is required to be removed for the proposed development.The proposal is therefore consistent with the native vegetation provisions ofthe Development Plan.

Appearance of Land and BuildingsThe proposal is set well back from Mount Lofty Summit Road (95m) and is setwell below the ridge line. The proposal is small scale and will sit overlookingthe Piccadilly valley, however will be nestled into the hillside. The proposalshould not detract from the views of Mt Lofty House from the valley. In this waythe proposal is consistent with PDCs 228, 232, 233 and 236.

The existing stand of pine trees will be reduced as part of the proposal. Eleventrees are proposed to be removed to reduce the bushfire threat. Additionallandscaping is also proposed. The proposal is consistent with PDCs 239 and243.

TourismThe proposal is a small-scale addition to the existing tourist facility. Theproposal is provided with adequate potable water and will be connected to SAWater sewer system. The proposal is located away from the local heritagelisted building and provides safe and convenient vehicle access. In this waythe proposal is consistent with PDCs 259, 265, 267 and 268.

Bushfire ProtectionThe site is subject to the Building Fire Safety Committee. The proposalprovides corrective action under S71 of the Development Act 1993 for watersupply for firefighting, vehicle access for emergency vehicles and whilst beinglocated near pine trees, some of these will be removed to reduce the firehazard. The proposal is therefore largely consistent with PDCs 299, 300, 305and 306.

Outdoor AdvertisementsNo change to the outdoor advertising is proposed as part of this application.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landNo issues.

Water Supply & Effluent DisposalA connection to the sewer system will be provided. Potable water is providedby the bore on the land.

Solid Waste DisposalThe site is serviced by the Council’s waste collection service. In additionprivate collection of refuse occurs from the existing hotel.


Transportation issuesNo issues.

Environmental/Public Health issuesThe proposal is subject to standard requirements regarding food premises andlicensing.

Construction issuesA SEDMP is required due to the slope of the land, refer recommendedcondition 9.

7. SUMMARY & CONCLUSIONThe proposal to construct seven tourist accommodation units with associated day spafacility nestled on the edge of the Piccadilly valley is considered a small-scale addition tothe existing Mount Lofty House complex. The proposal will provide an alternative style ofaccommodation to the site away from the main building. The day spa facility will alsoprovide additional recreational facilities for guests of the main building and the new units,as well as the public generally.Carparking has been adequately addressed and the location, design and materials of theproposed building will not negatively impact on the local heritage listed building. It isconsidered the proposal will not impact on adjoining residential properties or the localroads.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 13/954/473 by Medallion Homes Pty Ltd for additions to existing touristaccommodation for 14 persons & associated day spa at 72 & 74 Mount LoftySummit Road, Crafers subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Outhred English report received by the Council on 7 November 2014- Cube Architects plans and details received by the Council on 10 January

2014- Outhred English response to representations received by the Council on 14

February 2014- SA Water letter received by the Council on 6 June 2014

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.


(2) External FinishesThe external finishes to the building herein approved shall be as follows.

o Sandstone cladding, neutral beige render, charcoal colorbond © andglass balustrades

REASON: The external materials of buildings should have surfaces which areof a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.

(3) Local Heritage requirements The roofing shall be corrugated steel sheet in profile and mid-dark grey in

colour (to repeat detailing common to the period of significance of theplace and to be of a ‘muted’ colour)

stone walling shall be laid in an ashlar pattern, not a random pattern – toappear as dressed sandstone walling, reflecting the traditional method ofconstruction of walling on site – reducing the visual impact of theproposed units on the garden setting of the place

glazing facing east should be ‘non-reflective’ – to reduce visual distractionwhen viewing Mt Lofty house from the valley below.

REASON: To minimise the visual impact of the proposal on the local heritagelisted building.

(4) Commercial LightingFlood lighting shall be restricted to that necessary for security purposes onlyand shall be directed and shielded in such a manner as to not cause nuisanceto adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of the locality.

(5) Maximum Number of Guests for Tourist AccommodationThe tourist accommodation units approved in this application shallaccommodate a maximum number of 14 guests at any given time.

REASON: To ensure the proposed development operates in accordance withthe approved plans.

(6) 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 StandardAS 2890.1:2004. Line marking and directional arrows shall be clearly visibleand maintained in good condition at all times. Driveways, vehiclemanoeuvring and parking areas shall be constructed prior to occupation andmaintained in good condition at all times to the reasonable satisfaction of theCouncil

REASON: To provide adequate, safe and efficient off-street parking for usersof the development.


(7) Car Parking Directional SignageDirectional signs indicating the location of car parking spaces shall beprovided on the subject land and maintained in a clear and legible condition atall times.

REASON: To identify the location of off-street parking and ensure the free flowof traffic.

(8) Prior to Building Rules Consent Being Granted - Requirement for Soil ErosionAnd Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shall prepare andsubmit to Council a Soil Erosion and Drainage Management Plan (SEDMP) forthe 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 thesite; and

b. erosion and deposition of soil moving into the remaining native vegetationbelow the house site; and

c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery

The works contained in the approved SEDMP shall be implemented prior toconstruction commencing and maintained to the reasonable satisfaction ofCouncil during the construction period.

REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.

(9) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall be treatedon-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 permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs onadjacent sites.


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 beencommenced 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) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.


(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environment ina way which causes, or may cause, environmental harm.

(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should be directedto the Native Vegetation Council Secretariat on 8303 9777. This must besought prior to Full Development Approval being granted by Council.

(5) Sewer ConnectionThe units shall be connected to SA Water mains sewer supply inaccordance with the approval granted by SA Water. All work shall be to thesatisfaction of SA Water.

(6) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.


(7) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. It isthe responsibility of the owner of other person operating the food businessfrom the building to ensure compliance with the relevant legislation beforeopening the food business on the site.

(8) Building Fire Safety mattersThe outstanding matters relating to Building Fire Safety for the site shall beaddressed via a separate development application.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Local Heritage Advisor Response4. SA Water Response5. Representations6. Applicant’s response to representations7. Relevant Development Plan Zone provisions8. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

LOCAL HERITAGE ADVISOR RESPONSE

ATTACHMENT 4

SA WATER RESPONSE

ATTACHMENT 5

REPRESENTATIONS

ATTACHMENT 6


ATTACHMENT 7


ATTACHMENT 8




Applicant: Drew Edwards Landowner: J R Searle & A C Searle

Agent: D Edwards Ward: Marble hillDevelopment Application: 14/218/473 Originating Officer: Sandra Fawcett

Application Description: Single storey split level dwelling with 2 decks (maximum height3.5m), 2 x water storage tanks (30,000 litre), retaining walls & associated earthworks andfree standing carport and the removal of 1 Significant tree (Eucalyptus viminalis – MannaGum) (non-complying)

Subject Land: Lot:56 Sec: P925DP:4802 CT:5561/863

General Location: 767 Greenhill Road,Greenhill

(Refer to Locality Plan Attachment 1)Development Plan Consolidated :9 January 2014Map AdHi/3

Zone/Policy Area: Hills Face Zone

Form of Development:Non-complying

Site Area: 1205m2

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 11April 2014


Representations to be Heard: NIL

1. EXECUTIVE SUMMARYThe purpose of this application is for the construction of a single storey split leveldwelling with two decks (maximum height 3.5m), two x water storage tanks (30 000litres), retaining walls & associated earthworks and the removal of one significant tree(non-complying).

The proposal is a non-complying form of development in accordance with Hills Face ZonePrinciple of Development Control 26 b) which states the scale and the design of theproposed dwelling has a vertical distance between the top of any external wall and thefinished ground level immediately below that point on the wall exceeds three metres, c)‘the depth of excavation and or height of fill exceeds 1.5 metres’ and e) the clearance ofnative vegetation comprising trees/and or shrubs.

The main issues relating to the proposal are building design, bushfire risk, stormwater,waste control and removal of native vegetation. One representation opposing thedevelopment was received during the Category 3 public notification period.

Whilst being non-complying, the proposed dwelling is considered appropriate in terms ofdesign, scale, bulk, the extent of excavation and it is consistent with other dwellings withinthe immediate and wider locality.

Council Development Assessment Panel Meeting – 1 July 2014Drew Edwards2014/218/473

Following an assessment against the relevant Zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development Plan Consent

2. DESCRIPTION OF THE PROPOSALThe proposal is to construct a split-level detached dwelling on the subject land. Inparticular,

The dwelling consists of four bedrooms, bathroom, laundry, and an open plankitchen/dining room, lounge and two deck areas.

The dwelling is to be constructed using Colourbond external cladding, anodisedaluminium windows and doors and a Colorbond corrugated roof. The proposedcolours of the dwelling will be complimentary to the natural environment incorporatingnatural colours including Colourbond © Windspray and Dune;

The proposed finished floor levels of the dwelling are 434.7m, 433.8m and 432.9m atthe three differing levels and the dwelling will have a maximum building height of 5.7mmeasured from natural ground level due to the topography of the site and the split leveldesign proposed;

An extended living area deck is proposed on the southern side of the dwelling, and twowater tanks will be installed below the deck level;

Integral to the development are proposed earthworks with up to 2.4m cut into theground associated with the northern component of the dwelling;

Installation of two 30000 litre rainwater tanks positioned under the southern deck;

Installation of a Ri-Treat waste water system with effluent irrigation area located in thesouthern portion of the site in accordance with the onsite effluent approval473/W23/2013 dated 8 May 2014. The effluent area will be terraced and landscaped.

The applicants had received consent to construct a dwelling on the site as perdevelopment application 473/935/2011 on 31 July 2013. The number of changesproposed was considered by staff to not satisfy S39 (6) & (7) of the Development Act1993 to be of a minor nature or constitute a variation and therefore a new applicationwas reuested.

The proposed plans and associated documentation are included in Attachment 2.

3. HISTORY AND BACKGROUND2003 473/1052/2003 – Application for a domestic outbuilding and freestanding

carport. Application Cancelled.

2009 473/1077/2009 – Application for a single storey dwelling with associateddeck, freestanding carport, domestic outbuilding, stairway, 23000 litrerainwater tank, clearance of native vegetation, retaining walls andearthworks - Application withdrawn by Applicant

2012 473/935/2011 – Application for a Split level detached dwelling including 3decks, rainwater tanks (2 x 22.5 kL) retaining walls (maximum height 1m),clearance of native vegetation including the removal of one significant


(Eucalyptus viminalis, Manna Gum) and one regulated tree (Eucalyptusviminalis, Manna Gum) and associated earthworks (non-complying). -Application withdrawn by Applicant.


CFSThe CFS has no objection to the proposal and supports the development of adwelling subject to conditions. BAL rating 19.

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

NVCThe NVC approval to clear native vegetation to establish a dwelling andassociated structure dated 21 May 2012, is currently the subject of amendmentaction. The applicants have agreed to forward an amended approval prior toDevelopment Plan Consent being granted.

AHC EHUCouncil’s Environmental Health Officer has granted approval to install awastewater treatment system (refer 12/W23/473). An extension to the consentwas granted on 8 May 2014.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. One representation was received opposing the development froman adjacent landowner in relation to an existing ROW. The issues were resolved andthe representor does not wish to be heard before the panel.

A copy of the submission is included as Attachment 4 and the applicant’s response tothis is provided in Attachment 5.


i. The Site’s Physical Characteristics

The subject land is rectangular in shape and has an angled boundary toGreenhill Road due to the alignment of the road. The subject land has afrontage to Greenhill Road of 22.56m, an average depth of 60 metres and asite area of approximately 1200m2. The subject land has an access to the rearof the allotment from a right of way from Yarrabee Road as no physical accesscan be gained from Greenhill Road to the site.

The subject land is currently vacant but contains scattered native vegetationwith trunk diameters of varying sizes along with low-level exotic species. Thesubject land has a significant slope from the northern boundary to GreenhillRoad with a fall of approximately 20m. The site is not highly visible from theAdelaide Plains due to the existing vegetation cover and aspect. Earthworks


on the site had commenced as per Development Application number473/935/2011 granted consent on 31 July 2013.

ii. The Surrounding AreaThe locality is predominantly a residential area within the Hills Face Zone anddisplays a character dominated by existing vegetation of varying scales onsloping land. The locality consists of a range of two storey, single storey andsplit-level detached dwellings on sloping allotments with a number of dwellingsin the immediate locality designed with suspended floor levels over the naturaltopography to minimise the need for excessive cut and fill. The dwellings in thelocality are constructed of various materials, predominantly utilising naturaltones.

The locality has a medium-high amenity brought about by the levels ofseparation (physical and visual) between buildings and the maintenance ofexisting native vegetation.


The subject land lies within the Hills Face Zone Policy Zone and theseprovisions seek to:

o Provide a natural backdrop to the Adelaide Plains and a contrast to theurban area

o Preserve the natural environmento Prevent the loss of life and property resulting from bushfires.

iv. Form of Development

The proposal is for a single storey split level dwelling that is well articulatedand well designed. The dwelling will have a skillion roof and will be positioneda considerable distance away from Greenhill Road amongst existingvegetation on the site. The location of the dwelling will create minimal visualintrusion into the landscape especially when viewed from the road andAdelaide Plains. Therefore, the proposal satisfies Objective 1 and Principles 7and 8 in that the existing natural character is preserved with the proposedbuildings to be located in an unobtrusive location towards the top of theallotment. It is not likely to detract from the natural environment due to thepreservation of the existing native vegetation along Greenhill Road.

v. Appearance of Land and Buildings

The bulk of the building is minimised by the design through appropriateselection of colours and materials, moderation of roof form; and horizontaldesign elements and orientation of the dwelling so as to follow the topographyof the land. The design of the dwelling utilises the portion of the site which hasbeen previously excavated therefore minimising the required amount ofadditional excavation and fill required.


The proposal incorporates excavation in excess of 1.5m associated with thenorthern section of the dwelling. The proposed excavation has been proposedto ensure that the visual prominence of the dwelling is minimised when viewedfrom surrounding properties.

Furthermore, the proposed dwelling is of a size and form which isproportionate with other dwellings located on adjacent land.

The proposed dwelling is considered appropriate in terms of design, scale,bulk, use of excavation and fill and is consistent with other dwellings within theimmediate and wider locality. The proposed building location, appearance andthe overall scale of the dwelling are considered appropriate. The impact on thestreetscape will be diminished by the building set back from the propertyfrontage.

The intent of the zone principles is to avoid large bulky buildings that will havea visual impact on the immediate and wider locality, and aims to ensurebuildings are not visually obtrusive when viewed from the Adelaide Plains. Inaddition, where possible development should minimise the amount of cut andfill required.

The proposal satisfies Objective 2 and Principles 2, 13, 14 in that the proposeddwelling is designed to minimise its visual impact, the retaining walls aredesigned to be behind the dwelling and form part of the landscaping and alldriveways will follow the contours. Furthermore, the proposal reinforces therequirements of Principles 7 and 8 in that the retention of screening vegetationalong Greenhill Road assists in maintaining the natural environment.

vi. Water Supply and Effluent Disposal

The suitability of a waste control system on the site for the proposed dwellinghas been assessed and approved by Council’s Environmental Health Officer.The proposed development should therefore not result in the pollution of waterresources. The effluent disposal area will be terraced and planted with salttolerant vegetation.

The proposal includes the installation of two 30 000 litre water storage tankswhich will be used for domestic and firefighting supplies.

Therefore, the proposed development satisfies Principles 9(a) in that thedwelling will have a year round water supply and a safe and efficient effluentsystem.

vii. Access and car parking

Although the proposed development site is addressed to Greenhill Roadaccess directly to the site is only possible via a right of way from YarrabeeRoad. The right of way is existing and services two allotments behind number76 Yarrabee Road. Turning areas and carparking are located within theproperty boundary and allows all vehicles to enter and exit in a forwarddirection. Thereby the proposal satisfies principle 14 in that the proposal doesnot necessitate the removal of additional vegetation and all onsite turningareas follows existing contour lines.



The Council Wide provisions of relevance to this proposal seek:

Orderly and economic development Built form which incorporates high quality design techniques, is

complementary to the character of the area and contributes to safe,pleasant and convenient environments

Development which minimises the threat and impact of bushfires

Form of Development

The proposal is considered to be an orderly and economic form ofdevelopment therefore it satisfies Objective 1 and Principle 2 in that it does notplace any demands on infrastructure and is designed to complement thelandform whilst minimising the loss of vegetation. The proposed dwelling is tobe located adjacent other dwellings which makes up the wider community ofGreenhill. The site has been assessed by the CFS as suitable for a dwelling(subject to conditions) and is able to include an onsite effluent managementsystem therefore, the land is considered suitable for the intended use andsatisfies Principle 3.

The excavation and filling associated with the construction of the dwelling isminimal in the context of the site and as discussed excavation in relation toapplication 473/935/2011 had already commenced. Although there isexcavation greater than 1.5 metres to the northern portion of the dwelling, thiswill have minimal visual impact on adjoining properties and the naturalappearance of the Hills Face Zone. The design of the dwelling has beenproposed to ensure that the visual prominence of the dwelling is minimisedwhilst working within the constraints of the topography of the subject land.Therefore the application for a split level dwelling satisfies Principle 5 in thatdevelopment should retain the existing aesthetics and character of the area.

Excavation or fill is somewhat unavoidable within the Hills Face Zone due thetopography of the land. In considering principle 7 of the Council Wideprovisions the use of the portion of the site with minimal gradient is consistentwith this provision, while the retention of native vegetation is appropriate inensuring that the natural character of the Hills Face Zone is preserved.The proposed dwelling is a single storey detached dwelling with a split levelform that is well articulated and well designed. The split level design with thesouthern portion of the dwelling incorporating an elevated constructiontechnique, has been designed to minimise the disturbance to the naturaltopography which compliments the natural character of the locality. Thedwelling will have a low pitch roof form and will be positioned a considerabledistance from both Greenhill Road and Yarrabee Road, creating minimal visualintrusion into the landscape, especially when viewed from the Greenhill Road.

Furthermore, due to the size of the subject land and the distance of theproposed dwelling from neighbouring allotments, it is considered that theproposed dwelling will have no adverse amenity impacts on neighbouringproperties in terms of overshadowing or overlooking.


In addition, the preservation of the mature native trees and shrubs alongGreenhill Road ensures the effective use of other land is not reduced thereforesatisfying principle 9 and 13.

The proposal seeks to provide a dwelling for the owners of the land whilstminimising bushfire threat to life and property. The location of the dwelling isthe most suitable in terms of bushfire safety for an above-ground dwelling. Theproposal is considered to be designed in accordance with the Council Widebushfire provisions. The CFS has reviewed the proposal and raises noobjection to the proposed development providing the bushfire protection andprevention requirements are incorporated as conditions of consent for thedevelopment. (Ref. Conditions 8-11) Therefore the proposal satisfies principle12 in that it will have sufficient water supplies for domestic and firefightingpurposes.

viii. Stormwater Management

The proposal incorporates the installation of two 30 000 litre rainwater tankspositioned under the dwelling. It is considered that the tanks will ensure anadequate water supply and are of a design and capacity that will meet theongoing requirements of the development, particularly for domestic and fireprotection purposes in accordance with the requirements of the DevelopmentPlan. The installation of the two tanks satisfies principle 12.

Overflow from the domestic tank will be discharged within the site using adesign technique which ensures trespass of excess water does not interferewith the onsite effluent disposal area.

ix. Water Supply & Effluent Disposal

The suitability of the proposed waste control system on the site for the dwellinghas been assessed and approved by Council’s Environmental HealthDepartment. The proposed development should therefore not result in thepollution of water resources and is considered appropriate.

On this basis it is considered that the proposed waste control system meetsthe intent of the requirements of the Development Plan and satisfies principles19 and 20.

x. Transportation issues

The proposal includes a vehicular access from a right of way at the rear of theallotment from Yarrabee Road. The proposed driveway has a gradient of 1 in 5which is achieved with minimal earthworks and with the construction ofretaining walls with a height of less than 1m. The proposed driveway includesa turning circle which allows cars to enter and exit in a forward direction.

It is considered that the proposed access to the site is appropriate and satisfiesObjective 20 and Principles 43 and 58.


xi. Fire Protection issues

The proposal seeks to provide a dwelling for the owners of the land whilstminimising bushfire threat to life and property. The location of the dwelling isthe most suitable in terms of bushfire safety for an above-ground dwelling. Theproposal is considered to be in accordance with the Council Wide BushfireObjective 106 and Principles 300, 301, 303, 303 and 307.

The CFS has no objection to the proposed development providing the bushfireprotection and prevention requirements are incorporated as conditions ofconsent for the development.

The Bushfire hazard for the area has been assessed as BAL 19.

xii. Vegetation & Land Management

The proposal will result in the removal of one significant (Eucalyptus viminalis,Manna Gum) to make way for the proposed driveway and carport. Additionalvegetation on the site has been previously removed as per the consentattached to development application 473/935/2011.

7. SUMMARY & CONCLUSIONThe purpose of this application is for the construction of a split level detached dwelling withtwo decks, rainwater tanks (2 x 30 000 litre) retaining walls (maximum height 1m),clearance of native vegetation, removal of a significant tree (Eucalyptus viminalis, MannaGum) and construction of a free standing carport and associated earthworks (non-complying).

The main issues relating to the proposal are building design, bushfire risk, stormwater,waste control, and removal of native vegetation/significant /regulated trees. These havebeen addressed by the applicant through the use of sensitive design options, consultationwith the CFS and Councils Environmental Health staff.

Whilst being non-complying, the proposed dwelling is appropriate in terms of design,scale, bulk, use of excavation and is consistent with other dwellings within the immediateand wider locality. The proposed building location, appearance and the overall scale of thedwelling is appropriate. The impact on the streetscape and Hills Face Zone will bediminished by the set back from the front boundary and retention of existing vegetation onthe subject land adjacent Greenhill Road. Access to the site meets CFS requirements. It isconsidered the proposal is not seriously at variance with the Development Plan.On this basis, staff recommend that CONCURRENCE from the Development AssessmentCommission be sought to GRANT Development Plan Consent, subject to conditions.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers the proposal is notseriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan and seeks the CONCURRENCE of the Development AssessmentCommission to GRANT Development Plan Consent to Development Application473/218/2014 by D Edwards for a split level detached dwelling with two decks(maximum height 3.2m) rainwater tanks (2 x 30,000 litre) retaining walls (maximumheight 1m), clearance of native vegetation including the removal of one significant(Eucalyptus viminalis, Manna Gum) and free standing carport including associatedearthworks (non-complying) at 767 Greenhill Road GREENHILL, subject to thefollowing conditions:(1) Development In Accordance with the Plans

The development herein approved shall be undertaken in accordance with thefollowing plans and written submissions accompanying the application,unless varied by a separate condition:Amended Plans dated 4/06/2014, prepared by Drew Edwards Developmentsstamped as received by Council on 5 June 2014,Statement of Effect by PBA Consultants dated May 2012 as received byCouncil on 15 May 2012Email dated 4 June 2014 (AHC Ref: IC14/9107) from CFS amending CFS Ref:letgt13455adp dated 3 March 2014 to accept amended plan Issue N Sheet 01adated 4 June 2014.REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.

(2) External FinishesThe external finishes to the building herein approved shall be as follows.ROOF: Colourbond Windspray or equivalent GreyWALLS: Rendered walls - to match Colorbond "Dune" and Mini OrbColourbond Dune or equivalent

REASON: The external materials of buildings should have surfaces which areof a low light-reflective nature and blend with the natural rural landscape andminimise visual intrusion.

(3) Treatment to Excavations And FillAll exposed excavations and fill 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 reasonablesatisfaction of Council.

REASON: To maintain the visual amenity of the locality in which the subjectland is located.


(4) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shall prepareand 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 willprevent:a. soil moving off the site during periods of rainfall and detailinstallation of sediment collection devices to prevent the export andsediment from the site; andb. erosion and deposition of soil moving into the remaining nativevegetation below the house site; andc. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery

The works contained in the approved SEDMP shall be implemented prior toconstruction commencing and maintained to the reasonable satisfaction ofCouncil during the construction period.


(5) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved must bedirected to an on-site stormwater detention tank within one month of theroof cladding being installed. The tank(s) shall have a capacity to contain a1 in 20 year storm event.

Overflow from rainwater tanks is to be treated on site to the satisfaction ofCouncil using design techniques such as:

Grassed swalesStone filled trenchesSmall infiltration basins

Stormwater overflow management shall be designed so as to no permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties or roadway.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs on adjacentsites or roadway.


(6) Soil Erosion ControlDuring the construction of the approved development hay bales (or othersoil erosion control methods as approved by Council) shall be placed aboveand below all sites to be excavated and maintained for the entire duration ofall building work, including all earthworks associated with effluent disposalarea to prevent soil moving off the site during periods of rainfall.


(7) CFS Conditions To Be Completed Prior to OccupationThat the Country Fire Service Bushfire Protection Conditions as set out incorrespondence reference number let4193gt2186adp shall be substantiallycompleted prior to the occupation of the building and thereafter maintainedin good condition.

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

(8) CFS – Access Requirements – New RoadsPrivate roads and access tracks shall provide safe and convenientaccess/egress for bushfire fighting vehicles.

Access to the building site shall be of all-weather construction, with aminimum formed road surface width of 3 metres and must allow forwardentry and exit for large bushfire fighting vehicles.

The all-weather road is to be constructed such that it is protected fromwater erosion of the traffic surface. The road surface shall be profiled tomanage storm water runoff to appropriate drains, at one or both sides of thetraffic surface.

The accumulated volumes of water shall be directed via:a) open drains, orb) culverts and pipes under the traffic surface, and / or away from same,without causing further soil erosion, silting of adjacent areas or watercourses or instability of any embankment or cutting.

All dead end roads shall be constructed to allow large bushfire fightingvehicles to turn around with safety by use of either: a turnaround area with a minimum formed road surface diameter of 25

metres OR a "T" or "Y" shaped turn around area with minimum formed road

surface leg lengths of Il metres and minimum inside road radii of 8. 5metres

All road curves shall have minimum inside road radii of 8.5 metres.The gradient of the access road shall not exceed 16 degrees (29%)

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


Vegetation overhanging the access road shall be pruned to achieve aminimum vertical height clearance of 4 metres.

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

(9) CFS VegetationLandscaping shall include Bushfire protection features that will prevent orinhibit the spread of bushfire and minimise the risk of life and/or damage tobuildings and property.

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

All trees within 15 metres of the building(s) shall be removed.

All shrubs/understorey plants within 10 metres of the building(s) shallbe removed. (Understorey is defined as plants and bushes up to 2m inheight).

Grasses within 20 metres of the dwelling or to the property boundaries,whichever comes first, shall be reduced to a height of 10cms during theFire Danger Season.

REASON: To minimise the risks to danger of life and property in the eventof a bushfire.

(10) CFS Water SupplyA supply of water shall be available at all times for fire-fighting purposes.

A minimum supply of 30,000 (thirty thousand) litres of water shall beavailable for bushfire fighting purposes at all times.

This supply shall be fitted with a fuel driven pump or an equivalentsystem that operates independent of mains electricity and is capable ofpressurising the water for bushfire fighting purposes.

The pump and flexible connections to the water supply shall beprotected from the impact of fire by a suitably ventilated, non-flammablecover (metal or masonry material).

The diameter of all fittings and flexible reinforced suction hoseconnecting the bushfire water supply to the fuel driven pump shall be nosmaller than the diameter of the pump inlet valve.

The bushfire fighting pump shall be located:-o At or adjacent to the dwelling to ensure occupants safety when

operating the pump during a bushfire.o NB: An "Operations Instruction Procedure" shall be located with

the pump control panel. The bushfire fighting water supply shall be clearly identified and fitted

with an outlet of at least 50mm diameter terminating with a fire service64mm male London round thread adaptor which shall be accessible tobushfire fighting vehicles at all times.

All water tanks used as a dedicated water supply for bushfire fightingshall be made of non-combustible material.


All non metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least 300mm belowfinished ground level.

A ground-based bushfire sprinkler system shall be above ground andinstalled to provide an unbroken band of wet vegetation surrounding thebuildings.

o All above ground bushfire water supply pipes and sprinklerheads shall be metal.

2 Hoses (minimum 19mm [34] internal diameter) and metal, spray jetnozzles capable of withstanding the pressures of the supplied water andof sufficient length to reach all parts of the building shall be readilyaccessible at all times.

The hoses and water connection points (taps) shall be located at oradjacent to the dwelling to ensure occupants safety when using thehoses during a bushfire.

REASON: To minimise the risks to danger of life and property in the eventof a bushfire.

(11) CFS Prior to OccupationBushfire prevention and safety requirements shall be completed prior tooccupancy of the building(s).The buildings shall incorporate the construction requirements for buildingsin Bushfire Prone areas in accordance with the Building Code of Australia,South Australian Housing Code and Australian Standard TM3959 (AS3959)"Construction of Buildings in Bushfire Prone Areas".REASON: To minimise the risks to danger of life and property in the eventof a bushfire.

(12) Prior to Building Rules Consent being GrantedPrior to Building Rules Consent being granted, a detailed landscaping planprepared by a suitably qualified professional, shall be prepared to Council’ssatisfaction. Landscaping detailed in the plan shall be of suitable endemicspecies to the locality and shall be planted in the planting season followingDevelopment Approval and maintained in good health and condition at alltimes. Any such vegetation shall be replaced if and when it dies orbecomes seriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality inwhich the subject land is situated and ensure the survival and maintenanceof the vegetation.

(13) Prior to Building Rules Consent being GrantedPrior to Building Rules consent being granted a current copy of consentissued by the Native Vegetation Council for the clearance of nativevegetation shall be provided to Council in association with the currentproposed development.

REASON: To ensure vegetation clearance is in accordance with allapprovals and permits issued by the Native Vegetation Council.


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 hasbeen commenced, the date on which the appeal is determined, whicheveris later). Building Rules Consent must be applied for prior to the expiry ofthe Development Plan Consent, or a fresh development application willbe required. The twelve (12) month period may be further extended bywritten request to, and approval by Council. Application for an extensionis subject to payment of the relevant fee.

(2) CFS Bushfire Attack LevelCompliance with the fire protection requirements is not a guarantee thedwelling will not burn, but its intent is to provide a ‘refuge’ from theapproach, impact and passing bushfire.

The Bushfire Hazard for the area has been assessed as BAL 19.

The building shall incorporate the construction requirements forbuildings in Bushfire prone areas in accordance with the Building Codeof Australia Standard AS3959 “Construction of buildings in a bushfireprone area”.

(3) The development herein approved involves work within close proximityto the boundary. The onus of ensuring development is in the approvedposition on the correct allotment is the responsibility of the landowner/applicant. This may necessitate a survey being carried out by alicensed land surveyor prior to the work commencing.

(4) Management of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(5) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.

(6) Requirement For Retaining Wall To Be Constructed Prior To WorksCommencingThe retaining wall in association with the on site turning area andadjacent the northern side of the proposed dwelling, as described on thesite plan stamped as part of this authorisation, shall be constructed priorto the commencement of the construction of the dwelling and retainingwalls over one (1) metre in height will require Building Rules Consent.


(7) Department for Water, Land, Biodiversity and Conservation NoteThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subjectto an exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act oractivity that causes the killing or destruction of native vegetation, thesevering of branches or any other substantial damage to nativevegetation.For further information visit:http://www.environment.sa.gov.au/Conservation/Native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9741.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS referral response4. Representation5. Applicant’s response to representation


___________________________ _______________________________

Sandra Fawcett Vanessa NixonStatutory Planner Team Leader Statutory Planning


ATTACHMENT 1

LOCALITY PLAN

473/218/2014

Access

Category 3 N/C

J R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C SearleJ R Searle & A C Searle031230700103123070010312307001031230700103123070010312307001031230700103123070010312307001

122812281228122812281228122812281228767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD767 Greenhill RD

GreenhillGreenhillGreenhillGreenhillGreenhillGreenhillGreenhillGreenhillGreenhillCT5561/863CT5561/863CT5561/863CT5561/863CT5561/863CT5561/863CT5561/863CT5561/863CT5561/863

CLELANDCLELANDCLELANDCLELANDCLELANDCLELANDCLELANDCLELANDCLELAND

GREENHILLGREENHILLGREENHILLGREENHILLGREENHILLGREENHILLGREENHILLGREENHILLGREENHILL

GREENHILL ROAD

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EENHILL R

OAD

YARRABEE ROAD YARRABEE ROAD

YARRABEE ROAD

HIL

LSID

E R

OAD

GREENHILL ROAD

GREENHILL ROAD

GREENHILL R

OADGREENHILL ROAD

GREENHILL ROAD

GREENHILL ROAD

ATTACHMENT 2

PROPOSAL PLANS AND SUPPORTING DOCUMENTATION

ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5




Applicant: D J Barnett & C A Barnett Landowner: D J Barnett & C A Barnett

Agent: James Miller Ward: Onkaparinga ValleyDevelopment Application: 13/604/473 Originating Officer: Sam Clements

Application Description: Parking of a vehicle exceeding 3 tonne (Non-complying)

Subject Land: Lot:5 Sec: 4019 FP:2857CT:5517/189

General Location: 254 Onkaparinga ValleyRoad Oakbank

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24January 2014Map AdHi/19 & 58

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Balhannah/Oakbank(Rural Surrounds) Policy Area


Site Area: 6656m²

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 28March 2014


Representations to be Heard: Nil

1. EXECUTIVE SUMMARYThe purpose of this application is gain approval to park a truck exceeding 3000kg on aresidential use allotment. The application is for retrospective development, but theapplicant has advised that since receiving the enforcement notice the truck has beenremoved from the property most of the time.

The subject land is located within the Watershed (Primary Production) Zone andBalhannah/Oakbank (Rural Surrounds) Policy Area and is a non-complying form ofdevelopment. Two representations in opposition and one representation in support of theproposal were received during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for non-complyingCategory 3 applications.

The main issues relating to the proposal are amenity impacts.

The parking of one truck exceeding 3000kg behind an outbuilding is considered to notcause a visual impact on the locality or impact on this scenic region or road. The truck isto be used sporadically and is to be parked a reasonable distance from adjacentdwellings and should not cause an unreasonable noise impact on the locality. Theproposal will also not result in traffic or water quality impacts.

Following an assessment against the relevant zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent.

Council Development Assessment Panel Meeting – 1 July 2014D J & C A Barnett13/604/473


To park a truck exceeding 3000kg. The truck is a medium rigid single axle and has aweight of 6500kg.

The truck is to be parked in the south-east corner of the site behind an existingoutbuilding and 2m high Colorbond fencing on the eastern and southern boundaries.

The truck would enter and exit the site predominantly via Beasley Road.

No servicing or re-fuelling of the vehicle is done on-site.

The applicant has advised that the truck is to be used sporadically to transportmaterials and tools to building sites, transport their go-karts and vintage cars andused to collect materials such as pea straw and other landscaping materials for theirrural allotment.

The truck is to be parked on the land unladen. It will not be used to store of handlematerial in transit.


3. HISTORYJuly 25, 2007 07/602/473 Council approved a variation to vary the

external finishes of two domesticoutbuildings

February 13, 2006 05/887/473 Council refused a shipping container

December 20, 2005 05/604/473 Council approved a domestic outbuilding


EPAThe EPA advises that the parking of single truck exceeding 3000kg will have aneutral water quality impact if a grease tray is located under the parked truck.

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

AHC ENGNo comment.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. Three (3) representations were received. Of these two (2)representations are opposing the proposal, and one (1) was in support of the proposal.All were from adjacent and nearby properties. None of the representors wish to beheard.


The opposing representors had concerns that an approval could result in a larger truckbeing parked on the land in the future and also more than one truck.

Copies of the submissions are included as Attachment 4 and the applicant’s responseto these is provided in Attachment 5.


i. The Site’s Physical CharacteristicsThe subject land is 6656m² in area and developed with a dwelling and twolarge outbuildings. The allotment is located on the southern side ofOnkaparinga Valley Road and part of the property can also be assessed viaBeasley Road. There is a watercourse that flows approximately through themiddle of the subject land south to north which is a tributary of theOnkaparinga River. The riparian land on either side of the watercourse is floodprone.

ii. The Surrounding AreaThe locality is a rural residential area being on the outskirts of the township ofOakbank. The allotments in the locality range in size from 870m² to 27hectares. The larger allotments in the locality are also used for livestockgrazing and the allotment directly to the south of the subject land is theOakbank golf course. The natural features that are noted in the locality are theOnkaparinga River and the tributary watercourse and the avenue of exotictrees along Onkaparinga Valley Road.


The subject land lies within the Balhannah/Oakbank (Rural Surrounds) PolicyArea of the Watershed (Primary Production) Zone and these provisions seek:

Balhannah/Oakbank (Rural Surrounds) Policy Area- The preservation of the character of the river and its backdrop- Retention of the rural setting of the Oakbank Racecourse

Refer to Attachment 6 for the relevant Policy Area provisions.

As the truck is proposed to be parked at the rear (southern side) of one of thedomestic outbuildings on the site and due to established mature vegetation thetruck will not be notable from Onkaparinga Valley Road or from any viewsacross the river in a southern direction. It is also considered that the parking ofone truck will not impact on the rural setting of the Oakbank Racecourse. Theproposal is consistent with Objectives 1 and 2.

The Watershed (Primary Production) Zone- Maintenance and enhancement of natural resources of the south Mount

Lofty Ranges- Preservation of native vegetation and rural production- Enhancement of the amenity and landscape of the Mount Lofty Ranges


Refer to Attachment 7 for the relevant Zone provisions.

Accordance with ZoneAs mentioned, the truck will be parked behind an outbuilding and due toestablished mature vegetation will therefore not be notable within the locality(refer to recommended condition 7). The proposal will not impact on the visualamenity of the Mount Lofty Ranges. The proposal is consistent with Objective5. The parking of the truck is outside the flood prone and riparian land and theparking area is clear of native vegetation. Given the size of the allotment it isconsidered that the land has limited primary production potential. The proposalwill not impact on the overall intent of the Zone and is consistent withObjectives 1, 2, 3 and 4.

Form of DevelopmentGiven the limited prominence of the truck parked behind a somewhat largeshed which is 7.5 metres wide, 9 metres in length and with a wall height of 2.4metres it is considered that the proposal will not detract from the natural andrural landscape character of the region consistent with PDC 14. The parking ofa truck on a rural residential allotment will not prejudice primary productionconsistent with PDC 16.

ConservationAs mentioned, the vehicle is proposed to be parked outside of the riparian andflood prone land and maintenance and re-fuelling of the vehicle will not occuron the site (refer to recommended condition 3). The proposal should thereforehave no negative effect on water quality consistent with PDCs 35 and 36.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- Land suitable for the intended use- Safe and efficient movement of the people and goods- Amenity of localities not impaired by objects


Form of DevelopmentAlthough it may be considered more orderly for heavy vehicles to be parkedwithin business and industrial zones it is also characteristic of rural areas fortrucks and heavy machinery to be parked and stored on land. As the proposalis only for the parking of one truck (refer to recommended condition 4) theproposal is not considered to be unorderly and uneconomic. The proposal isnot inconsistent with PDC 2.

As the residential use allotment is some 6656m², the parking area can beaccessed via a local road and the parking area is outside the riparian and floodprone area, the site is not considered to be unsuitable for the parking of onetruck. The proposal is consistent with PDC 3.


As the truck is only used sporadically, is to be parked in excess of 40 metresfrom the nearest dwelling and is parked at the rear of an outbuilding the use ofthe truck should not interfere with the effective use of the other land in regardto noise pollution (refer to recommended conditions 5 & 6). The road verge ofBeasley Road is of some 50 metres in width adjacent to the subject land. Thisroad verge crossover features a ‘horse shoe’ driveway providing access fromBeasley Road to the subject land and the adjacent property at 258Onkaparinga Valley Road. The truck does not need to directly pass the rear ofthe two residential properties north of the road verge to access the parkingarea on the subject land if the driver uses the southern crossover driveway.The proposal is considered to be consistent with PDCs 9, 13 and 15.

Transportation (Movement of the People and Goods)The truck will predominantly access and exit the site via Beasley Road whichis a local Council road with clear sight lines. The truck should not cause a roadsafety issue. The proposal is consistent with Objective 20 and PDC 43.

Rural DevelopmentAs mentioned, the subject rural property is not used for primary productionpurposes and has limited capability to be used for such a use. The landtherefore cannot be retained for such a use and therefore the proposal is notinconsistent with PDC 173.

Conservation & Appearance of Land and BuildingsAs mentioned, the truck will not be highly visible within the locality and willtherefore not interfere with views of the Onkaparinga River and OnkaparingaValley scenic route. The proposal is therefore considered to be consistent withObjectives 68, 77, 87 and 90 and PDCs 201, 203, 204, 227, 230 and 233.

Watershed ProtectionAs detailed above, the EPA has no issue with the proposal provided that agrease tray is placed underneath the parked vehicle (refer to recommendedcondition 2). The proposal should not cause water quality impacts. Theproposal is consistent with Objectives 103, 104 and 105 and PDCs 296 and298.

7. SUMMARY & CONCLUSIONThe parking of one truck exceeding 3000kg on the subject land will not causeunreasonable noise or a visual impact on the locality. The proposal will also not result intraffic or water quality impacts.


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

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 13/604/473 by D J Barnett & C A Barnett for Parking of a vehicleexceeding 3 tonne (Non-complying) at 254 Onkaparinga Valley Road, Oakbank5243 subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Statement of Support (8 pages including photos) prepared by David

Barnett received by Council 11 Sept 2013- Site plan received by Council 11 Sept 2013- Correspondence, Statement of Effect and photos prepared by James

Millar received by Council 30 Dec 2013- Response to representations prepared by David and Caroline Barnett

received by Council 9 May 2014

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) A grease tray is to be placed underneath the oil sump of the vehiclewhen it is parked. Any oil drips/leaks are to be placed within a sealedcontainer until disposed of off-site.

REASON: To ensure no water quality impacts result from the proposal.

(3) No maintenance or re-fuelling of the vehicle is to occur on-site.

REASON: To ensure no water quality impacts result from the proposal.

(4) The one vehicle exceeding 3 tonne parked on the subject land shall onlybe a medium rigid single rear axle truck, be a maximum of 12.5 metres inlength and shall not exceed 9 tonne.

REASON: To minimise amenity impacts on adjacent properties and toensure any future replacement vehicle is of a similar size.

(5) The truck is restricted to 4 vehicle movements per day and shall onlyenter and exit the property in accordance with the following hours:


Monday to Saturday- 6.00am to 8.00pmSundays and Public Holidays- 9.30am to 5.00pm

REASON: To minimise amenity impacts on adjacent properties.

(6) The truck must only be parked unladen. No handling or trans-shipmentof freight shall be carried out on the subject land.

REASON: To minimise amenity impacts on adjacent properties.

(7) The established screening vegetation of the north and west sides of thetruck park shall be maintained in good health and condition at all timeswith any dead or diseased plants being replaced in the next plantingseason.

REASON: To minimise visual impact of the development and ensure thesurvival and maintenance of the vegetation.

NOTES(1) Development Approval Expiry

This development approval is valid for a period of twelve monthscommencing from the date of the decision notification. However if thedevelopment hereby approved is substantially commenced within thetwelve (12) month period then it shall be completed within three (3) years ofthe date of such notification. This time period may be further extendedbeyond the 3 year period by written request to and approval, by Councilprior to the approval lapsing. Application for an extension is subject topayment of the relevant fee. Please note that in all circumstances a freshdevelopment application will be required if the above conditions cannot bemet within the respective time frames.

(2) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environment ina way which causes, or may cause, environmental harm. In order to meetthe general environmental duty, the potential water quality impacts with theAdelaide Mount Lofty Ranges Watershed.

(3) EPA Information SheetsAny information sheets, guideline documents, codes of practice, technicalbulletins, are referenced in this decision can be accessed on the followingweb site:http://www.epa.sa.gov.au/pub.html


9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. EPA Response4. Representations5. Applicant’s response to representations6. Relevant Development Plan Policy Area provisions7. Relevant Development Plan Zone provisions8. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Sam Clements Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

EPA RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5


ATTACHMENT 6

RELEVANT POLICY AREA PROVISIONS

Balhannah/Oakbank (Rural Surrounds) Policy Area

Objective 1: The preservation of the character of the river and its backdrop.

Objective 2: The retention of the rural setting of the Oakbank Racecourse and the spaceseparating the two townships.

ATTACHMENT 7


WATERSHED (PRIMARY PRODUCTION) ZONEObjective 1: The maintenance and enhancement of the natural resources of the south MountLofty Ranges.

Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of highquality water.

Objective 3: The long-term sustainability of rural production in the south Mount Lofty Ranges.

Objective 4: The preservation and restoration of remnant native vegetation in the south MountLofty Ranges.

Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Rangesfor the enjoyment of residents and visitors.

PRINCIPLES OF DEVELOPMENT CONTROL

14 Development should not detract from the natural and rural landscape character of the region.

16 Development should ensure that primary production activity is not prejudiced.

35 No development or change in land use should occur where its proximity to a swamp orwetland, whether permanently or periodically inundated, has the potential to damage or interferewith the hydrology or water regime of the swamp or wetland.

36 Development should take place in a manner which will not interfere with the utilisation,conservation or quality of water resources and protects the natural systems that contribute tonatural improvements in water quality.

ATTACHMENT 8


Objective 1: Orderly and economic development.

Objective 20: The safe and efficient movement of people and goods.

Objective 68: The conservation, preservation, or enhancement, of scenically attractive areas,including land adjoining water or scenic routes.

Objective 77: The conservation and preservation of the rural character, scenic amenity andbushland of the area.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.

Objective 90: Development in urban and rural areas in keeping with appearance and character ofthose areas.

Objective 103: Protection of watersheds from pollution.

Objective 104: The protection of the Mount Lofty Ranges Watershed against pollution andcontamination.

Objective 105: The prevention of development which could lead to a deterioration in the quality ofsurface or underground waters within the Mount Lofty Ranges Watershed.

PRINCIPLES OF DEVELOPMENT CONTROL2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that land havingregard to the location and condition of that land and the objectives for the zone in which it islocated.

9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal whererequired; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.

15 Development should not be undertaken if the construction, operation and/or management ofsuch development is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

43 Development and associated points of access and egress should not cause interference withthe free flow of traffic on adjoining roads.

173 Rural land should primarily be retained for agricultural and/or native vegetation retentionpurposes.

201 Development should be undertaken with the minimum effect on natural features, landadjoining water or scenic routes or scenically attractive areas.

203 Development should not impair the character or nature of buildings or sites of architectural,historical or scientific interest or sites of natural beauty.

204 The rural character, scenic amenity and bushland of the south Mount Lofty Ranges should beconserved and enhanced.

227 Development should take place in a manner which will not visually interfere with theachievement of the objective for an area or, otherwise the existing character of scenically orenvironmentally important areas, or areas which are prominently visible from other land or whichare frequented by the public.

230 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated.

233 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges.

296 Development should primarily be limited to that which is essential for the maintenance ofsustainable grazing, commercial forestry and primary production activities.

298 Development should minimise the risk of pollution of water catchment areas.



Applicant: Fassina Investments Pty Ltd Landowner: Fassina Investments Pty Ltd,Fassina Nominees Pty Ltd & J J Crittenden

Agent: Folland Panozzo Architects Ward: Marble HillDevelopment Application: 2012/871/473 Originating Officer: Sam Clements

Application Description: Alterations and additions to existing hotel including bottle shop,function room, relocation of gaming room, increase to dining area, new outdoor diningarea, upgrade of rear car park with access over right of way at Lot 95 Greenhill RoadUraidla, associated earthworks, retaining walls (maximum height of 900mm), landscaping,demolition of water storage tank

Subject Land: Lot:2 Sec: P12 FP:17806CT:5092/198 & Lot 95 Sec: P12FP:129449 CT:5696/23

General Location: 1198 Greenhill Road,Uraidla

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 12April 2012Map AdHi/17

Zone/Policy Area: Country Township(Summertown & Uraidla)


Site Area: 6851m²

Public Notice Category: Category 3

Notice published in The Advertiser on 17May 2013


Representations to be Heard: Heardpreviously

1. EXECUTIVE SUMMARYThe purpose of this application is for alterations and additions to an existing hotelincluding a bottle shop, function room, relocation of gaming room, increase to dining area,new outdoor dining area, upgrade of rear car park with access over right of way at Lot 95Greenhill Road Uraidla, associated earthworks, retaining walls (maximum height of900mm), associated landscaping, demolition of an outbuilding and a water storage tank.

The application was submitted to the Council Development Assessment Panel (CDAP),and at is meeting of 6 August 2013, the CDAP resolved:

That the Council Development Assessment Panel DEFERS consideration ofDevelopment Application 2012/871/473 by Fassina Investments Pty Ltd forAlterations and additions to existing hotel including bottle shop, functionroom, relocation of gaming room, increase to dining area, new outdoordining area, upgrade of rear car park with access over right of way at Lot 95Greenhill Road Uraidla, landscaping, demolition of outbuilding and waterstorage tank at 1198 Greenhill Road, Uraidla to request the applicant to:

Council Development Assessment Panel Meeting – 1 July 2014Fassina Investments Pty Ltd2012/871/473

(1) Demonstrate that approval has been obtained from the owner of theright of way (Lot 95) to do work within the right of way to upgrade theaccess;

(2) Consider alternate primary access through the squash court propertyfor both deliveries and car park access;

(3) Reconsider retention and reuse of the old Blacksmith Shop; and

(4) Obtain specific arborist advice regarding construction of the roadwayover the critical root zone of the four (4) sequoia trees.

The previous CDAP agenda item is included in Attachment 2 and the previous CDAPminutes area contained in Attachment 3.

Following the above resolution, the applicant has now provided some amended plans andan Arborist report. A copy of this additional information provided by the applicant isincluded in Attachment 4.

2. DESCRIPTION OF THE AMENDMENTS MADE TO THE PROPOSALThe following amendments to the proposal have been made:

The demolition of the outbuilding (former blacksmith shop) has been removed fromthe proposal as its demolition was authorised in a separate development application14/143/473 and the building is proposed to be reconstructed on an alternative sitewithin the Adelaide Hills Council area.

The excavation and retaining walls required to be constructed in the right of waydriveway allotment have now been detailed. The retaining wall required is some34.5m in length and up to 900mm in height along this southern side boundary. Theretaining wall is to be constructed with concrete sleepers.

The keg room doors that are adjacent to the right of way driveway are to be removedand filled in.

More specific details in regard to the construction of the western driveway have beenprovided. The driveway is to be raised with base course material up to 680mm inheight and as previously proposed this driveway is to be constructed of permeablepaving on top of the base course. A concrete kerb and gutter is to be constructed oneither side of the driveway.


3. DISCUSSION/ASSESSMENTPermission from Owner of Right of Way Allotment

As previously discussed, this right of way allotment is the estate of the late J JCrittenden and Council itself has no contact for rates and other purposes for thisallotment. As this allotment is undevelopable it is unlikely to be claimed and therefore itmay be claimed or may come into the possession or care of an adjacent allotment inthe future.


The applicant has advised that they are yet to find a successor to the owner of thisallotment. The applicant has requested that it is conditioned that this must be obtainedprior to Building Rules Consent. Council has, however, obtained legal advice which hasconfirmed that this is civil matter between the Hotel and the owner of the right of wayallotment (lot 95) and not a matter for Council to consider in determining whether or notto grant consent. There is therefore no need to condition or reserve this matter, but ithas been recommended that an advisory note is placed on the consent (seerecommended note 7).

Alternate Access through the Squash Court Property

Applicant has considered this suggestion of the CDAP and has advised that noalternate access will be provided through the Squash Court property.

Whilst it was acknowledged that the right of way of 6 metres is quite narrow for two wayvehicle movements it should be noted that the existing single width track within the rightof way is used for two way vehicle movements currently. Both neighbouring allotments(at least neighbouring allotment 54) and the Hotel have rights to use this right of way ineither direction. Formalising this existing right of use by paving a section of the right ofway and widening the driveway by removing the trees along the boundary, a section offence, an existing planter box and the keg rooms doors and constructing a retainingwall along the eastern side boundary is seen as an improvement on the existingsituation. Outside of this application, it should also be noted that the Hotel couldcurrently use this right of way to access the existing informal rear car park or cool roomwithout any need for approval from Council. In addition, it should be noted that thewestern driveway which is adjacent to the Sequoia trees is narrower (4 metres in width)and was used (when the Hotel was operating) for two way vehicle movements as theentry and exit to the rear informal car park. As the widened right of way driveway willhave a greater width for two way vehicle movements than the existing access situationto the rear car park this is seen as an improvement. In addition, it is also noted that themost northern point of the old squash court building is only some 6 metres from thenorthern side boundary of that allotment and therefore this access is not any wider.

It is considered that a majority of patrons will use the western driveway to exit theproperty and to ensure this occurs directional signage could be used to encouragepatrons to use the western driveway as the primary exit (see recommended condition23). It also must be noted that HRVs are only permitted to use the western drivewayand crossover to exit the site and are restricted to visiting the site only at certain times(see recommended condition 3). Whilst there could be an occasional occurrence of avehicle entering and another vehicle exiting via the right of way drivewaysimultaneously the applicant has agreed to a mirror being installed at this corner sovehicles entering could wait until the driveway (the 23 metre long right of way sectionin-between the side fence and hotel) is clear (see additional recommendedcondition 24).

As detailed above, the external cool room doors will be removed and therefore thiscoupled with the condition in relation to delivery vehicles only parking in the deliverybays (recommended condition 2) should ensure that trucks do not park within theright of way to unload commodities into the cool room.


In summary, the proposal will improve the current situation in regards to internal vehiclemovements within the site. It must be noted, that there is no directional arrows, linemarking or conditions over the existing access or delivery times and no delineateddelivery bays or controls over the direction of internal vehicle movements within the sitecurrently. As previously discussed, the proposal will also vastly improve the car parkingsituation on the site and road safety, with controlled access arrangements. Specifically,trucks can now only exit via the western crossover which is further away from the bendin Greenhill Road and vehicles should also predominantly exit via this crossover. Theexisting rear car park of the Hotel is only an informal gravel and grass area and thereare minimal parks at the front of the Hotel. As the proposal will provide a formalised 52space car park at the rear of the Hotel it is recommended that signage is installed tonotify patrons that there is a car park at the rear (see additional recommendedcondition 25).

Reconsider retention and reuse of the old Blacksmith Shop

The owner has liaised with the East Torren Historical Society and they have come to anagreement in regard to the outbuilding (the supposed Old Black Smith Shop) previouslyon the land. As detailed above, a separate application (Building Rules Consent only) forthe demolition of this building was approved by Council. It is understood that thebuilding will be reconstructed on an alternative site within the Adelaide Hills Councilarea.

Obtain specific arborist advice regarding construction of the roadway over the criticalroot zone of the four (4) sequoia trees

The applicant has now provided specific advice from an Arborist in relation to theconstruction of the western driveway. The Arborist has confirmed that the proposed useof permeable paving in this section of the driveway adjacent the sequoia trees isappropriate to minimise harm to the sequoia trees. The report also has numerousrecommendations to ensure the trees are not adversely impacted upon by the upgradeof the western driveway, including the recommended use of a cellular confinementsystem to ensure that there is no alteration to the existing compaction or soil gradient.Please see recommended conditions 26 and 27 for a full list of all the Arborist’srequirements.

4. SUMMARY & CONCLUSIONThe applicant has endeavoured to meet most of the requests of the CDAP. Provided theArborist’s recommendations are implemented significant and regulated tree damagingactivity should not occur. Also, it is considered that the proposal will improve the carparking and vehicle movement situation within the site and road safety by the control ofvehicle movements through the two access points. As mentioned, whether or not theHotel can undertake these upgrading works to the right of way allotment that it has thebenefit of rights of way over is a civil matter between the owner of the right of wayallotment (lot 95) and the Hotel and not a matter for Council to consider in determiningwhether or not to grant consent.

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


5. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 2012/871/473 by Fassina Investments Pty Ltd forAlterations and additions to existing hotel including bottle shop, function room,relocation of gaming room, increase to dining area, new outdoor dining area,upgrade of rear car park with access over right of way at Lot 95 Greenhill RoadUraidla, landscaping, demolition of outbuilding and water storage tank at 1198Greenhill Road, Uraidla SA 5142 subject to the following conditions:

(1) Development In Accordance With PlansThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:- Correspondence (3 pages) prepared by Carlo Panozzo received byCouncil 6 May 2013- Correspondence prepared by Carlo Panozzo received by Council 12December 2012- Correspondence (4 pages) prepared by Carlo Panozzo received byCouncil 25 June 2013- Correspondence prepared by Carlo Panozzo received by Council 16May 2013- Four sets of separate correspondence prepared by Carlo Panozzoreceived by Council 25 June 2013- Amended floor plan prepared by Folland Panozzo Architects receivedby Council 24 Apr 2013- Amended site plan prepared by Folland Panozzo Architects received byCouncil 27 Jun 2013- Elevations prepared by Folland Panozzo Architects received by Council6 Nov 2012- Hydraulic services existing/demo site plan and civil plan prepared byTMK Consulting Engineers received by Council 24 Apr 2013- Amended hydraulic services proposed site plan prepared by TMKConsulting Engineers received by Council 26 Jul 2013- Additional site plan, plans details and sections prepared by FollandPanozzo Architects received by Council 21 May 2014- Driveway plans and sections prepared by Folland Panozzo Architectsreceived by Council 21 May 2014- Arborist report (23 pages) prepared by Shane Selway of Arborman TreeSolutions received by Council 21 May 2014- Correspondence (3 pages) prepared by Carlo Panozzo of FollandPanozzo Architects received by Council 21 May 2014

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans


(2) Delivery BaysAll materials and goods shall at all times be located and unloaded withinthe confines of the defined delivery bays as shown on the site planstamped as part of this approval.

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

(3) Truck (HRV) movementsHRVs shall only enter the site via the eastern right of way crossover anddriveway, shall only use the western driveway and crossover to exit thesite and shall be restricted to the following times:Monday to Sunday 7am to 10.30amMonday to Friday 3pm to 5pm

REASON: To ensure there is no conflicting two-way vehicle movementsin the right of way. For safe and convenient movement of vehicles.

(4) Opening Hours- HotelThe opening hours of the Hotel shall be restricted to:

Monday to Thursday 11am to 1amFriday to Saturday 11am to 2amSunday 11am to 12am midnight (2am when preceding a PublicHoliday)

REASON: To ensure the development operates in accordance withapproval.

(5) Opening Hours- Outdoor DiningThe hours of the outdoor dining area shall be restricted to:

Monday to Thursday 11am to 10pmFriday to Saturday 11am to 11pmSunday 11am to 10pm

REASON: To reduce the amenity impacts of the development on thelocality.

(6) Capacity Of HotelThe maximum capacity of the Hotel (including the outdoor dining area)shall be 400 persons at any one time.REASON: To ensure the on-site waste control system is adequate and theon-site car parking is sufficient.

(7) Protection Of Grease Arrestor And Septic TankA trafficable lid is to cover both the approved grease arrestor and theseptic tank.

REASON: To ensure the waste control systems are not impacted upon bycar parking and vehicle movements.


(8) Internal Driveway ConstructionThe internal western driveway adjacent the Sequoia trees is to be pavedwith permeable paving as depicted on the amended site plan stamped aspart of this approval dated 27 Jun 2013 and the additional site plan , plansand sections on drawing SK16 prepared by Folland Panozzo Architectsdate stamped 21 May 2014.

REASON: To protect the regulated and significant trees from the impact ofthe development.

(9) External Finishes To Match Existing BuildingPrior to Building Rules Consent, details of the materials and colours tomatch or complement those of the existing Hotel, shall be submitted toCouncil for approval and implemented as approved to the satisfaction ofCouncil.

REASON: to maintain and enhance the visual amenity of the locality.

(10) Commercial LightingAll external lighting shall be directed away from residential developmentand, shielded if necessary to precent light spill causing nuisance to theoccupiers of those residential properties.

REASON: Lighting shall not detrimentally affect the residential amenity ofthe locality.

(11) Stormwater Overflow Directed To The StreetAll roof runoff generated by the development hereby approved shall bedirected to a rainwater tank with overflow to the street (via a pump ifnecessary) or a Council drainage easement to the satisfaction of Councilwithin one month of the roof cladding being installed. All roof and hardpaved water runoff shall be managed to prevent trespass onto adjoiningproperties and into the effluent disposal area where an on-site wastecontrol system exists.Overflow from rainwater tanks is to be directed to the street (via a pump ifnecessary) or managed on-site to the satisfaction of Council using designtechniques to the satisfaction of Council.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs on adjacentsites.

(12) Proprietary Pollutant Treatment DeviceAll surface water from car parking or handstand areas shall be directed toa proprietary pollutant treatment device capable of removing oils, silts,greases, and gross pollutants to Council and EPA satisfaction prior todischarge to Council stormwater system or street water table.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs on adjacentsites.


(13) DPTI recommended conditionThe western crossover shall be sufficiently flared to ensure deliveryvehicles can undertake a left turn egress movement without crossing thecentreline of Greenhill Road in order to maximise road safety.

REASON: For safe and convenient movement of vehicles.

(14) DPTI recommended conditionAny impact to existing roadside infrastructure (e.g. side entry pits, signs,light poles) as a result of medication to the existing crossover/s shall bereinstated to DPTI/Council requirements and standards with all costs tobe borne by the applicant.


(15) DPTI recommended conditionThe largest delivery vehicle shall be restricted to a 12.5m Heavy RigidVehicle as per AS 2890.2.2002.


(16) DPTI recommended conditionAppropriate signage and line marking shall be installed to reinforce thedesired traffic flow at the Greenhill Road access points.


(17) DPTI recommended conditionSufficient manoeuvring area shall be provided to ensure all vehicles canenter and exit the site in a forward direction.


(18) DPTI recommended conditionAll passenger car parking facilities shall conform to AS/NZS2890.1:2004and AS2890.6:2009.


(19) DPTI recommended conditionNo stormwater from this development is permitted to discharge on-surface to Greenhill Road. In addition, any existing drainage of the roadshall be accommodated in the development and that any alterations toroad drainage infrastructure as a result of this development are to be atthe expense of the applicant.



(20) DPTI recommended conditionThe utilisation of Trailer Mounted Variable Message Displays foradvertising purposes shall not be permitted on or adjacent the subjectland.

REASON: To ensure drivers on Greenhill Road are not distracted by suchsignage.

(21) DPTI recommended conditionLine marking, directional arrows and signage shall be installed ininternal driveways/car parking areas.

REASON: To ensure drivers are aware of two-way traffic flows whentravelling to/from the rear car parking area. For safe and convenientmovement of vehicles.

REASON: To ensure the owner the land consents to the proposed works.

(22) Car Parking Directional SignageDirectional signage should be installed within the rear car park toencourage patrons to use the primary western driveway to exit the site.

REASON: To ensure there is no conflicting two-way vehicle movementsin the right of way. For safe and convenient movement of vehicles. Tolimit the effect on the residential amenity (vehicle noise impacts) toneighbouring allotments.

(23) Visibility MirrorA visibility mirror shall be installed at the corner where the right of wayallotment and the internal driveway of the Hotel allotment meet.

REASON: To ensure there is no conflicting two-way vehicle movementsin the right of way. For safe and convenient movement of vehicles.

(24) Car Parking Directional SignageDirectional signage should be installed to indicate that there is a car parkat the rear of the Hotel.

REASON: To ensure the car parks provided are utilised and the need foron-street car parking is minimised.

(25) Protection Of Trees- Root Zone Management Delineate Tree Protection Zone (TPZ) on site around the tree

equivalent to the radius listed within the Observations section ofthe Arborist report prepared by Shane Selway of Arborman TreeSolutions date stamped 21 May 2014; the TPZ includes both theroots and canopy parts of the tree.


Erect protective material around all exposed surfaces of eachtrunk and branch that have a possibility of being impacted uponduring the course of the development. An example of suchprotective measure has been included within Appendix A- TreeProtective Measures in the Arborist Report.

The existing driveway surfacing of compacted gravel must bemaintained with the new surfacing constructed above this. Theremoval of loose materials such as the gravel and any mulchshall only be removed by hand.

No storage of material, equipment or temporary building shouldtake place within the Tree Protection Zone other than that of thedriveway construction itself.

Nothing whatsoever should be attached the trees includingtemporary service wires, nails, screws or any other fixing device.

The construction of the driveway surfacing within the TPZ area(shown as magenta hatching on the attached plan within theArborist report) must incorporate pervious materials above theexisting surface grade with no compaction to the existing soilarea within the Tree Protection Zone. An example of suchsystems has been included within Appendix B- PavingConstruction with a Tree Protection Zone of the Arborist reportdate stamped 21 May 2014.

The excavation of the northern portion of the driveway area toalign the finished floor level with that of the existing GreenhillRoad driveway crossover must occur using non-destructiveexcavation techniques such as AirSpade®, Hydrovac or similar.This should also be conducted under the supervision of asuitably qualified Arborist and any root development exposedshould also be managed by that Arborist.

Services to the development and any building including but notlimited to Water, Gas, Electricity, Sewer, Telephone and StormWater must be located outside of the Tree Protection Zones tominimise any encroachment into these areas and provideadequate protection to tree roots. Services to the hotel buildingalready exist and no indication was provided to me that moreservices are required however, should this be the case, theserecommendations will enable their installation without causingtree-damaging activities to occur.

Certificates of compliance should be attained from a suitablyQualified Arboriculturist at specified development intervals asoutlined within Appendix C of the Arborist report- AS4970-2009Schedule of Compliance Checks.

REASON: To ensure no root damage to the Significant and Regulatedtrees occurs as a result of the proposed development.


(26) Protection Of Trees - Crown Management Prune lateral branches within the western lower crowns to

provide clearance for vehicle traffic within the area of thedriveway only. This should be achieved using ‘ReductionPruning’ methodology and ‘Selective Branch Removal’ wherebranches that cannot be reduced area removed at the branchedcollar. This pruning should occur only where there are areas ofconflict between the trees and vehicle clearance parametersabove the driveway.

Prune to remove or shorten deadwood greater than 25 millimetresin diameter. Consider habitat for indigenous fauna whereappropriate.

The majority of this pruning should be conducted usinghandsaws and all pruning should be conducted by a suitablyQualified Arboriculturist in accordance with AS4373-2007.

The suitably Qualified Arboriculturist should reassess the subjecttrees for health and structural management requirements withinthe coming four years.

A certificate of compliance should be attained form a suitablyQualified Arboriculturist once recommended pruning has beenconducted.

REASON: To ensure the branched of the significant and regulatedtrees are not damaged by trucks/delivery vehicles that exit via thewestern driveway and to improve the health of the trees.

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 hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) Works On BoundaryThe development herein approved involves work within close proximityto the boundary. The onus of ensuring development is in the approvedposition on the correct allotment is the responsibility of the landowner/applicant. This may necessitate a survey being carried out by alicensed land surveyor prior to the work commencing.



(4) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.

(5) Compliance With Food Act SA 2001This approval under the Development Act 1993 does not in any wayimply compliance with the Food Act SA 2001 and/or Food SafetyStandards. It is the responsibility of the owner of other person operatingthe food business from the building to ensure compliance with therelevant legislation before opening the food business on the site.

(6) Tree Removal Or Pruning Not Including In This ApplicationThis consent does not convey any approval for the pruning (excludingmaintenance pruning that does not require approval) or removal of anyregulated/significant trees that may be present on the subject land.

For criteria on regulated/significant trees please refer to the following:http://www.ahc.sa.gov.au/webdata/resources/files/Protecting_Reg_and_Sig_Trees_Comm_Info.pdf

Please be advised that a separate Development Application must belodged for such works.

(7) Development Plan Consent ExpiryThe Development Plan Consent (and future Development Approval ifgranted) of Council does not give the applicant/Hotel owner the right toundertake the proposed works within adjacent private land, specificallyLot 95 Greenhill Road Uraidla CT:5696/23 (the right of way allotment).This is a matter for the owner of the Hotel to determine whether itrequires approval for such works and if so, ensure it has the appropriateapproval from the landowner to do so.

9. ATTACHMENTS1. Locality Plan2. Previous CDAP Agenda Item 6 August 20133. Previous CDAP Minutes 6 August 20134. Additional Proposal Plans and Details


___________________________ _______________________________

Sam Clements Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PREVIOUS CDAP AGENDA ITEM 6 AUGUST 2013

ATTACHMENT 3

PREVIOUS CDAP MINUTES 6 AUGUST 2013

ATTACHMENT 4

ADDITIONAL PROPOSAL PLANS AND DETAILS



Applicant: Neil Kowald Landowner: Frosty Flats Pty Ltd

Agent: GS Surveys Ward: Torrens ValleyDevelopment Application: 14/323/473(14/D14/473)

Originating Officer: Marie Molinaro

Application Description: Boundary re-alignment (6 allotments into 6 allotments) (DACrelevant authority)

Subject Land: Lot:29 FP:155444CT:5799/782Subject Land: Lot:30 Sec: P6567FP:155445 CT:5832/929Subject Land: Lot:PC15 & PC 16FP:156505 CT:5285/392Subject Land: Lot:100 DP:18721CT:5777/295Subject Land: Lot:101 DP:18721CT:5777/296Subject Land: Lot:102 DP:17307CT:6118/66

General Location: 2891 Onkaparinga ValleyRoad, Birdwood

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9January 2014Map AdHi/3 & Map AdHi/6

Zone/Policy Area: Watershed (PrimaryProduction) Zone


Site Area: 86.49 Hectares

Public Notice Category: 1 Representations Received: N/A

Representations to be Heard: N/A

1. EXECUTIVE SUMMARYThe purpose of this application is to re-align the boundaries between six allotments. Thesubject land is located within the Watershed (Primary Production) Zone and is a Category1 merit form of development. The Development Assessment Commission is the relevantauthority in accordance with clause 7 (a) of Schedule 10 of the Development Regulations2008, as the boundary re-alignment alters the subject allotments by more than 10%.

As per the CDAP delegations, the CDAP is the relevant authority to make comment tothe Development Assessment Commission in this instance, as the proposal involvesthree or more titles.

The main issues relating to the proposal are whether the re-configured boundaries willlead to the loss of productive primary production land, whether the proposed allotmentscan accommodate a dwelling which meets the Table AdHi/5 requirements, whether theproposal impacts on native vegetation and whether the proposed allotments are of sizethat is consistent with other allotments in the locality.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff are

Council Development Assessment Panel Meeting – 1 July 2014Neil Kowald14/323/14 (14/D14/473)

recommending that the Development Assessment Panel SUPPORT this application andadvise the Development Assessment Commission accordingly.

2. DESCRIPTION OF THE PROPOSALThe proposal is for a boundary re-alignment involving six titles which will result in six titlesof a different size and configuration.

Existing Allotments

Allotment Area (ha) Currently containing

100 12.73 Dwelling, farm buildings, watercourse andnative vegetation

102 15.84 Stands of native vegetation

101 14.92 Watercourse and native vegetation

30 16 Watercourse and native vegetation

29 16 Watercourse and native vegetation

Comprising pieces15 & 16

11 Stands of native vegetation and dam

Proposed Allotments

Allotment Area (ha) Containing


12.7 Dwelling, farm buildings, watercourse andnative vegetation


40.35 Watercourse and native vegetation



56 15.93 Stands of native vegetation & dam

57 11.37 Small stands of native vegetation

The plan of division includes:

An enlargement of the proposed allotment comprising pieces 54 & 55 whichshows the existing buildings on piece 54 and the location of the waste controlsystem associated with the dwelling (as per EPA comments).

A contour overlay plan has also been provided which highlights the location ofwatercourses, the relevant exclusion zones and locations where the land has aslope greater than 1 in 5 as per Table AdHi/5 requirements.

The proposed plans are included in Attachment 2.3. HISTORY

October 20, 1999 99/944/473 Council approved an addition to the use of


the land as a dairy (new dairy building)


SA WATERNo requirements.


DPTI – Transport Services DivisionNo objection to the proposal, but requested that the northernmost farm gateaccess to proposed allotment 57 be permanently closed and fenced off, withaccess to/from this proposed allotment to be gained only from the remainingaccess on Onkaparinga Valley Road or Muellers Road. It was recommended thatthis request be attached as a condition if consent is granted.


EPARecommended that existing buildings on proposed allotment comprising pieces54 & 55 be labelled to determine how many dwellings will result on this allotment.The EPA also recommended that the waste control system servicing the buildingson proposed allotment comprising of pieces 54 & 55 be shown so that wastecontrol system remains on this allotment.

DEWNR – River MurrayAdvised that the land is not in a River Murray Protection Area and therefore hadno specific comment to make.

DoH – Environmental HealthAdvised that the proposed allotments must allow for development and wastewater disposal in accordance with current Wastewater Regulations. The DoHalso recommended that Council’s EHO be consulted regarding the potentialwastewater management of the proposed allotment.

A copy of the referral response is included Attachment 5.

NVCResponse not yet received.


AHC EHUUndertook a site inspection and advised that all proposed allotments can achieveeffluent disposal areas that are more than 50 metres from watercourses.Recommended that any future dwellings are located at least 50 metres from theadjacent Council owned CWMS effluent treatment ponds.


5. CONSULTATIONThe application was categorised as a Category 1 form of development notrequiring formal public notification.


i. The Site’s Physical CharacteristicsThe subject land is comprised of six allotments which have a total area of 86hectares. The land is bounded by Posen Road to the south, OnkaparingaValley Road to the east and Muellers Road to the north. The land is currentlyused for grazing purposes, with a dwelling and associated farm buildings(including dairy shed) located on the corner of Onkaparinga Valley Road andMuellers Road.

Natural features of the land include large tracts of native vegetation andnumerous watercourses. Land closer towards Onkaparinga Valley Road isseparated by a former railway corridor which is currently owned by theCommissioner of Highways. As noted in the correspondence from Jeff Smithof Planning Chambers if the Amy Gillett bikeway is extended from MountTorrens to Birdwood it is likely that the bikeway trail will follow this old railwaycorridor.

ii. The Surrounding AreaThe surrounding area is characterised by large rural allotments and smallerrural residential allotments. The largest allotment in the locality is 41.09hectares and the smallest allotment is 7,299m². The majority of the largerallotments in the locality are used for grazing purposes, whilst land at thewestern end of Muellers Road is used for horticultural purposes. Also adjacentto the subject land is the Council owned CWMS effluent treatment ponds.Allotments in the locality are predominantly rectangular in shape with a fewirregular shaped allotments.


The subject land lies within the Watershed (Primary Production) Zone andthese provisions seek:

i. The enhancement of the Mount Lofty Ranges Watershed as a source ofhigh quality water

ii. Maintenance and enhancement of natural resources of the South Mt LoftyRanges


iii. Long-term sustainability of rural productioniv. The enhancement of the amenity and landscape of the south Mt Lofty

Ranges for the enjoyment of residents and visitors.

The following are considered to be the relevant Zone provisions:

Objectives: 1,2,3,4,5PDCs: 18,19,20,21,22,33,34,42,44

Accordance with ZoneThe proposal is to re-align the boundaries between six allotments which arecurrently used for primary production purposes (grazing and dairy farm). Theproposal will not create any additional allotments, with the purpose of theboundary re-alignment to facilitate the better management of the land forgrazing purposes in the event that the Amy Gillett bikeway is extended throughto Birdwood. This is in accordance with Objective 3 and PDC 20.

The applicant has demonstrated with a contour/overlay plan that a site suitablefor a detached dwelling which complies with the criteria listed in Table AdHi/5can be provided on the proposed vacant allotments, which accords withObjective 2 and PDCs 18 and 21.

Whilst proposed allotments 50 and 51 will contain large tracts of nativevegetation, there is no increase to the number of allotments over this area ofnative vegetation with existing allotments 29 and 30 covering almost the samearea. Whilst the proposed allotment comprising pieces 52 and 53 is anadditional part allotment over this area of native vegetation, it is anticipatedthat any future dwelling will most likely be sited further south towards PosenRoad, or further east towards Onkaparinga Valley Road. It is considered thatthere is enough space for any future dwellings to be sited on proposedallotments 56 and 57 without the need for clearance of native vegetation. Thisis in accordance with Objective 4 and PDCs 33 and 34.

In regards to the size of the proposed allotments, the smallest proposedallotment will have an area of 9.513 hectares, whilst the largest proposedallotment will have an area of 40.35 hectares. As noted earlier in the report,allotments in the locality range in size from 7,299m² to 41.09 hectares, so it isconsidered that the proposed allotments are of a size that is consistent withthose in the locality. This accords with PDC 22.

Whilst it is generally accepted that is difficult to undertake primary productionpursuits on allotments with an area less than 10 hectares, it is considered thatthe large tract of native vegetation covering most of the smallest proposedallotment precludes primary production unless significant clearing was tooccur.


The proposal cannot be considered a minor re-adjustment of allotmentboundaries, which is at variance with the intent of PDC 22, it is considered thatthe proposal as a whole is generally in keeping with the relevant Watershed(Primary Production) Zone objectives and principles of development control.


The Council Wide provisions of relevance to this proposal seek (in summary):i. Development to be undertaken on land that is suitable for the intended

purpose, whilst also having regard for the zoning of the landii. Protection of productive primary production land from conversion to non-

productive or incompatible usesiii. Retention of rural area for the maintenance of the natural character and

rural beauty of these area, andiv. Protection of the Mount Lofty Ranges Watershed from pollution.

The following are considered to be the relevant Council Wide provisions:

Objectives: 1,6,10,61,62,70,103,105,106PDCs: 28,29,30,31,174,202,216,296,297,299,305

A critical aspect of the assessment of this application includes theconfiguration of the proposed boundaries and whether the resulting allotmentswill result in the loss of productive primary production land. As discussedpreviously the rationale behind the proposal is to reconfigure the allotmentboundaries to facilitate the better management of the land for primaryproduction purposes, in the event that the Amy Gillett Bikeway is extended toBirdwood. As also discussed previously, the size of the proposed allotments isnot considered to prejudice primary production. This is in accordance withObjectives 6, 61 and 62 and PDC 32.

Whilst the shape of some of the proposed allotments is irregular, it isconsidered that the proposal as a whole is orderly and economic as theallotment boundaries for the most part follow existing fence lines which takeinto consideration the natural features of the land. This is in accordance withObjectives 1 and10 and PDC 30.

The applicant has provided a contour /overlay plan which highlights the locationof watercourses, the relevant exclusion zones and locations where the land hasa slope greater than 1 in 5 as per Table AdHi/5 requirements. This contouroverlay plan shows that there is ample room on each vacant proposed allotmentto site future dwellings which ensures that the requirements of Table AdHi/5 canbe met. This is in accordance with Objectives 103 and 105 and PDCs 31, 216and 299.


Rural DevelopmentAs discussed earlier the proposal is not considered to prejudice primaryproduction.

Residential DevelopmentIn the event that the proposed vacant allotments are used for more sensitiveuses (e.g. residential use) the applicant has provided a site contaminationchecklist. The checklist identifies that waste and animal burial has occurredon three of the proposed allotments with some chemical spraying to controlvegetated weed species. If applications to develop the proposed vacantallotments are made further investigations to determine that the land issuitable for residential use may be required. It is also considered that theproximity of the smallest allotment (which would be the most likely to be usedfor rural residential purposes) to the largest allotment is not likely to lead toland use conflicts as the land is separated by watercourse and is used for lowintensity grazing.

As noted in the correspondence from Jeff Smith of Planning Chambers thepurpose of the proposal is to enable the land to be managed more effectivelyfor grazing purposes whilst enabling the owners to sell some or all of theallotments in due course.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landTo be addressed if applications to develop the proposed vacant allotments aresubmitted. No kerb and guttering exists along Posen Road, OnkaparingaValley Road and Muellers Road so stormwater would need to be contained on-site. It is considered that the size of the proposed allotments would allow thisto occur.

Angas Creek and Williams Creek are not currently flood mapped.

Water Supply & Effluent DisposalThe applicant has provided a contour overlay plan which highlights the locationof watercourses, the relevant exclusion zones and locations where the land hasa slope greater than 1 in 5 as per Table AdHi/5 requirements. This contouroverlay plan shows that there is ample room on each vacant proposed allotmentto site future dwellings which ensures that the requirements of Table AdHi/5 canbe met. This is in accordance with Objectives 103 and 105 and PDCs 31, 216and 299.

The waste control system associated with the existing dwelling is not impactedupon by the proposal.

Solid Waste DisposalPosen Road, Onkaparinga Valley Road and Muellers Road are serviced byCouncil’s waste collection service.

Transportation issuesThe application has been referred to DPTI who have no objections to theproposal, provided that the existing northernmost farm gate from proposedallotment 57 is permanently closed off, with access to be taken only from theother access from Onkaparinga Valley Road or Muellers Road.


Proposed allotments comprising of pieces 54 and 55, 56 and 51 have existingaccess ways.

If applications are made to develop allotments comprised of pieces 52 and 53and 50 a referral would need to be made to Council’s Engineering Department.

Fire Protection issuesThe subject land is in a medium bushfire risk area. If applications are made todevelop the proposed vacant allotments a referral to the CFS would not berequired, however the proposals would need to meet the Minister’s Code forUndertaking Development in Bushfire Protection Areas. It is considered thatthe dimensions, size and slope allow for the Minister’s Code to be met. This isin accordance with Objective 106 and PDC 305.

Vegetation & Land ManagementAs discussed earlier, whilst proposed allotments 50 and 51 will contain largetracts of native vegetation, there is no increase to the number of allotmentsover this area of native vegetation with existing allotments 29 and 30 coveringalmost the same area. Whilst proposed allotment comprised of pieces 52 and53 is an additional part allotment over this area of native vegetation, it isanticipated that any future dwelling will most likely be sited further southtowards Posen Road, or further east towards Onkaparinga Valley Road. It isconsidered that there is enough space for any future dwellings to be sited onproposed allotments 56 and 57 without the need for clearance of nativevegetation. This is in accordance with Objective 70.

7. SUMMARY & CONCLUSIONIt is considered that the proposed boundary re-alignment will not cause the loss ofproductive primary production land, with the purpose of the boundary re-alignment tofacilitate the better management of the land for primary production purposes. The sizeof the proposed allotments is consistent with those in locality, and it has beendemonstrated that the proposed vacant allotments have an enough area toaccommodate dwellings which would meet Table AdHi/5 requirements. Whilst two ofthe proposed vacant allotments cover large areas of native vegetation, this is no worsethan the existing situation.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that the Development Assessment Commission be advised thatCouncil has no objection to the boundary re-alignment subject to conditions beingimposed on any consent granted.


8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide Hills CouncilDevelopment Plan, and advise the Development Assessment Commission that ithas no objection to the proposed boundary re-alignment in DevelopmentApplication 14/323/473 (14/D14/473) by Neil Kowald for Boundary re-alignment (6allotments into 6 allotments) (DAC relevant authority) at Onkaparinga ValleyRoad, Birdwood and requests the following conditions be included on anyconsent:

Planning Conditions(1) The development herein approved shall be undertaken in accordance

with the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:Amended plan of division (sheets 1-2 of 2) by GS Surveys, dated 5 May2014Contour overlay plan by Planning Chambers

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

Land division Conditions

(1) Prior to Section 51 clearance the existing northernmost farm gate accessto Allotment 57 along Onkaparinga Valley Road shall be permanentlyclosed and fenced-off. All access to/from Allotment 57 shall be gainedvia the remaining Onkaparinga Valley Road access gate or via MuellersRoad only.

REASON: To ensure safe and convenient movement of vehicles.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. SA Water Response4. DPTI Response5. DoH Response6. AHC EHU Response


___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

SA WATER RESPONSE

ATTACHMENT 4

DPTI RESPONSE

ATTACHMENT 5

DoH RESPONSE

ATTACHMENT 6

AHC EHU RESPONSE



Applicant: D Paschke Landowner: D Paschke

Agent: Veska and Lohmeyer Ward: Onkaparinga ValleyDevelopment Application: 14/165/47314/D7/473

Originating Officer: Tom Victory

Application Description: Boundary realignment (3 allotments into 3 allotments)

Subject Land: Lot:200 Sec: P5264DP:82190 CT:6092/973Subject Land: Lot:1 Sec: P5265DP:29148 CT:5414/293Subject Land: Lot:201 Sec: P5264DP:82190 CT:6092/974

General Location: 59 Willow View Road,Woodside SA 5244General Location: Willow View Road,Woodside SA 5244General Location: Willow View Road,Woodside SA 5244

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9 Jan2014Map AdHi/3 and 42

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Onkaparinga ValleyPolicy Area



Public Notice Category: 1 Representations Received: N/A

Representations to be Heard: N/A

1. EXECUTIVE SUMMARYThe purpose of this application is to re-align the boundaries between three allotments.The subject land is located within the Watershed (Primary Production) Zone -Onkaparinga Valley Policy Area and is a Category 1 merit form of development. TheDevelopment Assessment Commission is the relevant authority in accordance withclause 7 (a) of Schedule 10 of the Development Regulations 2008, as the boundary re-alignment alters the subject allotments by more than 10%.

As per the CDAP delegations, the CDAP is the relevant authority to make comment tothe Development Assessment Commission in this instance, as the proposal involvesthree or more titles.

It is considered that the application is finely balanced and an assessment of theapplication requires consideration of all pros and cons in relation to the Objectives soughtby the Development Plan as a whole.

The application has the potential to increase the risk of pollution to the watershed due tothe potential for one additional waste control system to be established on the subjectallotments, compared to the current situation. This however needs to be balanced inrelation to the potential positive impacts that the proposal may have in terms ofsupporting current and future horticultural activities on the subject land. It is also relevantthat the interface conflict between primary production and rural living uses will likely beless in the proposed allotment configuration, than the current configuration.

In consideration of all the information presented, and following an assessment against the

Council Development Assessment Panel Meeting – 1 July 2014D Paschke (c/o Veska and Lohmeyer Pty Ltd)14/D7/473

relevant Zone and Council Wide provisions within the Development Plan, staff arerecommending that the Development Assessment Panel advise the DevelopmentAssessment Commission that it has no objection to the application subject to theprovision of an amended plan and a number of requirements.

2. DESCRIPTION OF THE PROPOSALThe proposal is for a boundary re-alignment involving three titles as follows:

Existing Allotments

Allotment Area (ha) Currently containing

1 1.02 Dwelling and outbuilding

200 63.60 Two dwellings, numerous outbuildings,vineyards, tree plantation, dam, watercourses,agricultural land, native vegetation

201 2.03 Vacant

Proposed Allotments

Allotment Area (ha) Containing

51 1.66 Vacant

52 62.90 Two dwellings, amenities facility (proposeddecommissioned dwelling), numerousoutbuildings, vineyards, tree plantation, dam,watercourses, agricultural land, nativevegetation

50 2.06 Vacant

In essence, the primary purpose of the application is to shift existing rural livingallotment 1 to the southern end of the site where it will become proposedallotment 51- a vacant rural living allotment with frontage to Pfeiffer Road whichcould accommodate a future dwelling.

Two indicative building envelopes are shown on proposed allotment 51 to showtwo potential options for the siting of a future dwelling on this allotment. Twoadditional envelopes are also shown to indicate the potential location for effluentdisposal areas related to the dwellings to demonstrate that they can achieve thenecessary 50m setbacks from watercourses.

The second purpose of the application is to change the shape of existing vacantallotment 201. It will however remain roughly the same size in total area.

It is proposed to a extinguish two rights of way which currently provide accessfrom Willow View Road to allotments and 1 and 200 (as these will no longer berequired due to the deletion of allotment 1 which currently has an access‘handle’ which feeds into Willow View Road).


It is crucial to note that the owner Mr Paschke has lodged a separate land useapplication (DA 473/375/14) which is directly associated to this land divisionapplication. This proposes to decommission the existing dwelling on allotment 1to convert it to an amenities/toilet facility for viticultural workers. This applicationhas received planning authorisation from Council and is currently undergoingbuilding rules assessment.

This application proposes to legally cease the use of the building as a dwellingand convert it to general storage use. In addition, all plumbing in the kitchen andlaundry is to be terminated as per Council standard conditions fordecommissioning of dwellings. It is proposed to retain an existing toilet, showerand hand basin in the building for use by workers in the vineyards. This is tomeet occupational health and safety standards as well as providing a level ofamenity for workers.

The alternative to this would be to demolish the building and apply to Council fora new building with the same desired features. The applicant did not deem thisto be a logical nor economic option.


3. HISTORYDecember 12, 1988 88/D033/563 The South Australian Planning Commission

granted Development Approval to the creation of anadditional allotment around an existing dwelling (thedivision created Allotment 1 as exists today.)

February 12, 2001 01/124/473 Council approved a verandah attached tothe existing (southernmost) dwelling on Section 5264(which now forms part of allotment 200 )

July 28, 2009 09/D16/473 The Development Assessment Commissionapproved a boundary realignment (two allotments into twoallotments) which created current allotments 200 and 201.

It should be noted that there are currently two habitable dwellings on Allotment 200.Both dwellings were originally on two separate allotments. The above mentioned landdivision 09/D16/473 resulted in the dwellings being placed on to a single allotment(200) and the creation of vacant allotment 201. A review of the plan of division for thatapplication however reveals that these two dwellings were noted on the plan of divisionas being ‘existing structures’ and ‘shed’ and therefore not identified correctly.

This current application 14/D7/473 was originally lodged with a plan of division notidentifying any of the three dwellings on the subject land. Following discussions withCouncil, the applicant subsequently lodged an amended plan identifying two dwellingson the subject land and the third existing dwelling as ‘amenities block’. It must be notedhowever that this building is currently a dwelling, but is proposed to become anamenities block via the associated concurrent development application 14/375/473.



EPAThe EPA has recommended refusal of the application, as it considers that theproposal will result in there being three habitable dwellings on one allotment(compared to two currently) and two vacant allotments (compared to onecurrently). It was considered that the proposed boundary realignment wouldtherefore create an additional residential development opportunity in an area notserviced by a sewerage or community wastewater management system. TheEPA further stated that as the location of the two proposed vacant allotments islow lying, prone to soil saturation and close to the lnverbrackie Creek, there ishigh likelihood that future on-site wastewater disposal systems would causepathogen and nutrient contamination of receiving waters.

The EPA considers that the proposed boundary realignment would have anegative impact on water quality in the Watershed when compared to the existingsituation and, if approved, would establish an inappropriate precedent for othersimilar proposals to gain approval in the future.


SA WATERNo requirements. No mains water and sewer available.

DEWNR- River Murray SectionAdvised the subject land is not in a River Murray Protection Area and outlinedstandard advisory information.

AHC EHUCouncil’s Environmental Health Department stated the proposed vacant allotment(51) is of sufficient seize to site a wastewater system however as no buildingplans have been submitted there is not yet a need for a wastewater application.There is a bore on the opposite property but this would be setback greater than60m from the site.


DEPARTMENT OF HEALTH

Stated the allotments must allow for development and wastewater disposal inaccordance with the On-Site Wastewater Systems Code, the South AustralianPublic Health (Wastewater) Regulations 2013.

It is recommended that the Council’s EHO be consulted regarding the potentialwastewater management of the proposed allotments.



5. CONSULTATIONPursuant to Schedule 9 (2) (f) the application is a Category 1 form of development notrequiring formal public notification as it does not propose to create any additionalallotments.


i. The Site’s Physical CharacteristicsThe subject land (the total area of the three allotments) is 66.6 hectares inarea. It is roughly a rectangular shape of approximately 700m wide by 1kmlong. The northern end has frontage to Willow View Road (an unsealedCouncil road which terminates at the northern boundary of the site) and thesouthern end has frontage to Pfieffer Road (a sealed Council road).

The north-western and south-eastern portions of the site contain vineyards.There is a cluster of buildings located centrally in the site which include twodwellings, a former dairy building, garages and other shedding and farmbuildings. A third dwelling is located in the south-eastern portion of the site. Atree plantation is present in the north-eastern portion and a patch of nativevegetation is present near the western boundary. A number of watercoursesdissect the site including one which feeds a dam near the eastern boundary.The balance of the land is cleared and appears to be used for grazing.

Access is gained from Willow View Road which feeds into the access ‘handle’of allotment 1. A right of way over this ‘handle’ also allows access to Lot 200from Willow View Road. This access track then continues southwards throughlot 200 all the way to a gate adjoining Pfieffer Road at the southern end. Thesite is moderately undulating throughout but is relatively flat at the southernend along the Pfieffer Road frontage.

ii. The Surrounding AreaThe site is approximately 1km east of the Woodside township. The locality isgenerally comprised of rural and horticultural activities on large allotmentsranging between 10 hectares to 75 hectares. Some scattered, smaller ruralliving allotments of less than 5 hectares also exist throughout the generallocality.


The subject land lies within the Onkaparinga Valley Policy Area of theWatershed (Primary Production) Zone and these provisions seek the retentionof the existing rural character by ensuring the continuation of farming andhorticultural activities and excluding rural living or other uses which wouldrequire division of land into smaller holdings.

The following are considered to be the relevant Policy Area provisions:

Objectives: 1PDCs: N/A


In relation to Objective 1 it is noted, that this proposal does not seek to createany additional rural living allotments, but rather shift an existing rural livingallotment. The proposal should have positive impacts on farming andhorticultural activities being:

The provision of an amenities facility for viticultural workers working on thevineyards in the north-western portion of the site. This isdesirable/necessary for Occupational, Health and Safety reasons andworker’s general amenity.

The relocation of an existing rural living allotment which is currentlysurrounded by vineyards and problematic in terms of potential interfaceconflict. There is also the potential for future conflicts over accessarrangements from Willow View Road (due to the requirement for a right ofway over the allotment which serves as access for the rest of the subjectland).

The relocation of the rural living allotment to a location which is naturallywell separated and isolated from rural/horticultural land by the InverbrackieCreek.

The subject land lies within the Watershed (Primary Production) Zone andthese provisions seek:

i. The enhancement of the Mount Lofty Ranges Watershed as a source ofhigh quality water

ii. Maintenance and enhancement of natural resources of the South Mt LoftyRanges

iii. Long-term sustainability of rural productioniv. The enhancement of the amenity and landscape of the south Mt Lofty

Ranges for the enjoyment of residents and visitors.

The following are considered to be the relevant Zone provisions:

Objectives: 1-5PDCs: 1, 3, 4, 14-17, 18-22, 31, 32, 33, 34, 42, 43, 44

Primary Production

As discussed in relation to the Policy Area above, the proposal should havepositive impacts on primary production and therefore is considered to accordwith Zone PDCs 16, 17, 19, 21, 42, 43 and 44.

The application does not correct an anomaly in relation to allotmentboundaries and therefore does not accord with PDC 20 (a). It is howeverconsidered to generally accord with PDC 20 (b) in that a result of the proposalwill be to create an amenities facility for viticultural workers which should assistin the management of the land for primary production purposes. Theapplication does not involve a minor realignment of boundaries and thereforedoes not accord with that part of the principle.


Size/shape of allotments

The application is considered to accord with PDC 22 as the proposal willproduce allotments that are more in keeping with allotments in the locality,compared to the current situation. It is considered that the proposed allotment51 is preferable to the existing allotment 1 in terms of its size, shape andlocation and is more in keeping with other rural living allotments which exist inthe locality.

Pollution Risk

There are two building envelopes and two effluent disposal area envelopesdepicted on proposed allotment 51 which could accommodate a futuredwelling and waste control system that complies with the criteria of TableAdHi/5. Council’s Environmental Health Department has assessed therelevant setback distances to watercourses and slope of the land and issatisfied that allotment 51 should be able to accommodate an on-site wastecontrol system that accords with the Public Environmental Health Act. On thisbasis the proposal is considered to be consistent with PDC 18.

In relation to PDC 21, the proposal should not result in a loss of primaryproduction land for reasons outlined earlier. An argument could however beformed that the application could result in a greater risk of pollution of surfaceor underground waters than would occur through development of the existingallotments. This is because there could be potential for a net increase in on-site waste control systems across the 3 allotments, from four systems to five, ifproposed allotments 50 and 51 were developed with dwellings in future. It canbe viewed that any on-site waste control system has an inherent risk ofpollution regardless of whether it accords with the Public Environmental HealthAct or not.

Conservation

There would be a large range of options for any future vehicular access intoproposed allotments 50 and 51 which would not affect any roadsidevegetation.

There are no significant areas of native vegetation adjoining proposedallotment 51, apart from some limited riparian vegetation. The boundaries ofthese allotments and the indicative building envelopes should not interfere withvegetation. The northern boundaries of allotments 50 and 51 are proposed tobe setback sufficient distance from the watercourse to the north so as to allowallotment 52 continued access to both sides of the watercourse formaintenance reasons (such as blackberry removal).

The proposal accords with PDCs 31 and 32 and is not considered to be atodds with PDCs 33 and 34.


The Council Wide provisions of relevance to this proposal seek (in summary):i. Orderly and economic development


ii. Development to be undertaken on land that is suitable for the intendedpurpose, whilst also having regard for the zoning of the land,

ii. Protection of productive primary production land from conversion to non-productive or incompatible uses,

iii. Retention of rural area for the maintenance of the natural character andrural beauty of these area, and

iv. Protection of the Mount Lofty Ranges Watershed from pollution.

The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 5, 6, 10, 61, 62, 63, 65, 103, 104, 105PDCs: 2, 3, 28, 29, 31, 32, 174, 296, 297, 299

Orderly and economic development

Whilst the boundary re-alignment will result in the creation of a vacantallotment of 1.7 hectares (Allotment 51), it does so by essentially shifting anexisting 1 hectare allotment (allotment 1). Therefore there is no net increase inrural living allotments arising from the proposal.

Further, the location of proposed allotment 51 is considered to be superior interms of minimising potential interface conflicts between rural/horticulturalactivities and rural living uses. This is because existing allotment 1 isessentially surrounded by horticultural land with very minimal buffer area.Proposed allotment 51 is well separated from surrounding horticultural/ruraluses due to the presence of a watercourse and native vegetation to the north,and Pfeiffer Road to the south.

The proposal to convert the existing dwelling on allotment 1 to an amenitiesfacility should assist in the economic use of the land for viticultural use.

The application is considered to be orderly and economic therefore accordingwith Objectives 1, 10, 63, 65 and PDC 2.

However, the location of the eastern boundary of proposed allotment 51 isqueried in that it results in a small portion of cleared land adjoining PfeifferRoad which is isolated from remaining land due to the presence of thewatercourse and riparian vegetation. It would seem logical, and more orderly,that the eastern boundary of allotment 51 instead continues all the way to nearthe edge of the riparian vegetation. It is recommended that the Commissioninvestigate the provision of an amended plan from the applicant to addressthis, prior to making a final decision on the application.

Site fit for intended use

The land proposed to be included in Allotment 50 has previously beenapproved as a vacant rural living allotment as it was seen as appropriate forthis use. Although it is proposed to change the shape of this allotment, itremains appropriate for its intended use.


The applicant has provided a written summary of previous land uses on theproposed vacant Allotment 51 for Council to ascertain whether there could bea likelihood of any previously contaminating uses. The information providedreveals the site has only been used for light grazing and potato growing. Thereis no abnormal history of use of potentially contaminating pesticides orherbicides that would indicate the need for further investigation. As such thesite is considered to be low risk from a site contamination perspective.

As discussed earlier the location and dimensions of proposed Allotment 51should easily be able to accommodate a dwelling and waste control systemwhich accords with the relevant legislation. The site has good accessopportunities to Pfeiffer Road and is relatively flat. The site is considered fit forits intended use of rural living and therefore accords with PDCs 3, 28, 29 and32.

Primary Production Impacts

The location of the proposed allotment 51 is considered to be superior in termsof minimising potential interface conflicts between rural/horticultural activitiesand rural living uses. As the land is also isolated from adjacent rural uses it isalso unlikely to be used for any viable rural/horticultural activities and thereforethe proposal should not significantly reduce the land available for primaryproduction in the locality.

The application will likely have a positive impact on primary productionactivities, being:

The provision of an amenities facility for viticultural workers in thevineyards in the north-western portion of the site. This isdesirable/necessary for Occupational, Health and Safety reasons.

The relocation of an existing rural living allotment which is currently in aproblematic location in terms of potential interface conflict with thevineyards

The relocation of the rural living allotment to a location which is naturallywell separated and isolated from rural/horticultural land.

The application is therefore considered to be in accordance with Objectives 5,6, 61 and 62 and PDC 174.

Environmental/Effluent Disposal

The application (with conditions in place requiring the decommissioning of theexisting dwelling on lot 1 as per the associated development application14/375/473) will not result in any net increase of development potential fordwellings on the subject land. The current situation is that there are threedwellings on two allotments with one vacant allotment. This should not changeas the existing dwelling on allotment 1 is to be converted to an amenitiesfacility prior to Section 51 clearance being issued to create the new titles.


It is apparent that the Environment Protection Authority has provided itsresponse to the application unaware that there is an associated change of landuse application to convert the existing dwelling on Allotment 1 to an amenitiesfacility. It would seem that one of the EPA’s key concerns, in recommendingrefusal of the application, is that the proposal may result in 3 dwellings beingplaced within one allotment (instead of two dwellings on one allotment as iscurrently the case). However the associated change of use application (andrecommended Section 51 clearance requirements) would prevent this fromoccurring. It is unclear as to whether the EPA would review its response withthis knowledge however it is understood that the Commission intends todiscuss this matter with the EPA prior to making a decision.

Notwithstanding, it is however acknowledged that this proposal will result in thepotential for a total of five on-site waste control systems to be placed on threeallotments (assuming allotments 50 and 51 are developed with dwellings). Thecurrent allotment configuration only would allow for a total of four suchsystems on the three allotments (assuming existing allotment 201 is developedwith a dwelling). This does therefore result in a net increase of pollutionpotential and this fact alone may have also resulted in the EPA recommendingrefusal regardless of the dwelling being decommissioned or not.

Notwithstanding, it will be up to the Development Assessment Commission toconsider all relevant information and referral responses (including Council’scomments) and determine a final decision on the application.

From Council’s point of view, given the potential net increase in on-site wastecontrol systems (and their inherent pollution risk) the application is consideredto be at variance with Objectives 103, 104 and 105 and PDCs 296, 297 and299 in that regard. However it is also noted that the proposed envelopes fornew waste systems would meet relevant regulations for such systems whichminimises such risk.

7. SUMMARY & CONCLUSIONThe proposal is considered to be finely balanced as it has a number of pros and consthat need to be weighed up when making an assessment against the DevelopmentPlan as a whole. The potential pollution impacts from a potential net increase of anadditional waste control system is however not considered to be a significant risk to theWatershed particularly as it is clear that such systems will be able to accord with thePublic Environmental Health Act.

Therefore when balanced against the positive impacts that the proposal may have inrelation to primary production activities, the application is generally supported.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. It wouldhowever seem preferable that an amended plan first be investigated to slightly extend theeastern boundary of proposed Allotment 51. Staff therefore recommends that theDevelopment Assessment Commission be advised of the following:


1) The Commission consider investigating with the applicant the provision of anamended plan to extend the eastern boundary of proposed allotment 51approximately 60m eastwards, to near the riparian vegetation.

2) Notwithstanding the above, that Council has no objection to the boundary re-alignment subject to a number of conditions and requirements as outlined below.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and advise the Development AssessmentCommission that it does not object to the proposed boundary re-alignment inDevelopment Application 14/165/473 (14/D7/473) by D C Paschke for Boundaryrealignment (3 allotments into 3 allotments) at Lots 200, 201 and 1 Willow ViewRoad, Woodside SA 5244, subject to the following:

1) The Commission consider investigating with the applicant the provision ofan amended plan to extend the eastern boundary of proposed allotment 51approximately 60m eastwards to near the riparian vegetation.

2) That the following conditions and requirements be included on anydevelopment approval:

Planning Conditions

Nil

Planning Notes

NilCouncil Land Division Statement of Requirements

(1) Prior to Section 51 Clearance - Requirement For Decommissioning andConversion of DwellingPrior to Section 51 clearance to the division approved herein, the existingdwelling on existing allotment 1 shall be fully decommissioned and convertedto a horticultural workers amenities facility as per the authorised plans andconditions in Development Authorisation 14/375/473 to the satisfaction ofCouncil.REASON: To ensure that there are not three dwellings on one allotment.

Council Land Division NotesNil


9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. EPA Response4. EHU Response5. DOH Response


___________________________ _______________________________

Tom Victory Vanessa NixonSenior Statutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

EPA RESPONSE

ATTACHMENT 4

EHU RESPONSE

ATTACHMENT 5

DOH RESPONSE

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