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COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING4 August 2015

AGENDABUSINESS ITEM – 8.1

Applicant: Henry Keene Landowner: A G Girolamo & K M Mattsson

Agent: N/A Ward: Mount LoftyDevelopment Application: 14/863/473 Originating Officer: Marie Molinaro

Application Description: Two storey split level dwelling, two storey domestic outbuilding,separate domestic outbuilding, in-ground swimming pool, retaining walls, masonry fence,underground water storage tanks & associated earthworks to be undertaken over 4 yearsSubject Land: Lot:76 Sec: P89FP:159553 CT:5878/621

General Location: 9 Towers RoadBridgewater

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Map AdHi/30

Zone/Policy Area: Country Living Zone

Form of Development:Merit

Site Area: 4007m²

Public Notice Category: Category 2Merit

Representations Received: Three

Representations to be Heard: Three

1. EXECUTIVE SUMMARYThe purpose of this application is to construct a two storey split level dwelling, two storeydomestic outbuilding (garage with studio below), separate domestic outbuilding (chookshed), in-ground swimming pool, retaining walls, masonry fence, underground waterstorage tanks & associated earthworks.

The subject land is located within the Country Living Zone and is a merit form ofdevelopment. Three representations in opposition to the proposal were received duringthe Category 2 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority as the representorswish to be heard.

The main issues relating to the proposal are the bulk and scale of the dwelling, thepotential for overlooking and overshadowing, the use of the garage and studio buildingand stormwater management.

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.

Council Development Assessment Panel Meeting – 4 August 2015Keene14/863/473

22. DESCRIPTION OF THE PROPOSAL

The proposal is for the following:

Spilt level dwelling comprised of one single storey and one two storey pavilionseparated by a courtyard.

The single storey pavilion is to contain two bedrooms, office, laundry and gamesroom.

The two storey pavilion to contain the master bedroom and ensuite, open plan kitchenand dining room with sitting room on the upper level and lower level to containanother two bedrooms, living area, home theatre and cellar.

Total floor area 870m², maximum width of 26m across courtyard area with streetfrontage of 20m, maximum height of 12m at rear.

Two storey domestic outbuilding comprised of upper level garage and lower levelstudio located on the southern side of the dwelling. Total floor area 272m², maximumwidth of 14m, maximum wall height of 3.8m.

Second domestic outbuilding (chook shed) at the rear of the dwelling. Total floor area18m².

All buildings to be constructed in a mix of concrete (in a ‘vanilla’ tone) and brownrammed earth with feature anodised aluminium highlights.

In-ground swimming pool located at the rear of the dwelling.

Retaining walls at the rear of the dwelling to create a terraced lawn area.

Masonry pillar fence with wire panelling along all boundaries.

Series of 200,000L, 30,000L & 20,000L underground water storage tanks.

Planting of semi-mature landscaping along all boundaries consisting of a mixture ofEucalypts and hedging plant species.

Earthworks to maximum depth of 4.4m associated with the two storey pavilion of thedwelling.

The proposed plans are included in Attachment 2.

3. HISTORYCouncil has no records for the subject land.

4. REFERRAL RESPONSES

AHC EngineeringAdvised proposed access is satisfactory, but that the edge of the access toTowers Road will need to be sealed. This can be addressed via a condition ofconsent (refer recommended condition 12).

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


35. CONSULTATION

The application was categorised as a Category 2 form of development in accordancewith Section 38(2)(a) of the Development Act (1993) and Schedule 9 of theDevelopment Regulations (2008) requiring formal public notification. Three opposingrepresentations from adjacent property owners were received.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Lara & Gary Rule 7 Towers Road,Bridegwater

TBA

Barry & Tina Pearson 13 Towers Road,Bridgewater

TBA

Amy & Matthew Graham 18 Beadnell Crescent,Bridgewater

TBA

The applicant or his representative – Fabian Barone of Masterplan may be inattendance.

The issues contained in the representations can be briefly summarised as follows: The size of the dwelling and two storey outbuilding is not in keeping with the

character of the locality. The concrete and rammed earth materials are not in keeping with the character

of the locality. Due to the size of the garage it has the potential to be used for commercial

purposes. The floor plan of the studio lends itself to being a second non-complying dwelling. The height of the dwelling allows for overlooking and overshadowing.

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

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

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

i. The Site’s Physical Characteristics

The subject land is 4077m² in area and is regular in shape with a primarystreet frontage of 75m to Towers Road and secondary street frontage of 57mto Tanglewood Crescent.

No built form on the land exists, but there is rubble associated with an oldcottage which have been overgrown with vegetation.

The subject land has a fall of approximately 1 in 6 from the south west cornerto north east corner.


4ii. The Surrounding Area

The surrounding area is residential in nature and typified by a mix of singlestorey and two storey detached dwellings.

The median allotment size of properties adjacent to the subject land is2017m².

iii. Development Plan Policy considerationsa) Zone Provisions

The Country Living Zone- A zone accommodating single dwelling at low densities.- Low-density living areas with a rural character.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2PDCs: 1, 10, 13, 14, 15,19,25,28,29,30,31

Form of Development

Objective 1 and PDC 10 call for the development of single dwellings and statethat multiple dwellings are not in keeping with the character of the zone.

The proposal includes a two storey dwelling and associated two storeyoutbuilding with lower level studio. Plans originally provided showed that thestudio room would contain a bedroom and bathroom. The plans havesubsequently been amended so that the studio contains only a bathroom withart studio and children’s play area. The applicant’s representative has statedthat the studio building will only be used for recreation purposes, and to re-inforce this it is recommended that a condition of consent be attached that thestudio is not used for overnight accommodation or commercial purposes (referrecommended condition 3).

The studio does not contain a kitchen or laundry which would result in thestudio building being self-contained and as such a non-complying seconddwelling.

The proposal is considered to be consistent with Objective 1 and PDC 10.

Movement of People and Goods

PDC 19 calls for vehicle parking areas to be provided in a screened positionwhich does not detract from the amenity of the locality or cause nuisance toany person on an abutting allotment.

The two storey outbuilding located on the southern side of the dwellingcontains a garage on the upper level. This front façade of the garage alignswith the front façade of the dwelling and is setback a minimum 8m from thefront boundary.


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The garage does have a maximum width of 14m, but the width of the garage isbroken up by the incorporation of an articulated front façade and use of tworoller doors that are separated by a rammed earth column.

The garage is setback 4m from the southern side boundary.

The proposal is considered to be consistent with PDC 19.

Public Utilities

The applicant has demonstrated that the subject land is serviced by mainssewer, which accords with PDC 25.

Conservation

PDC 28 calls for the retention of trees and incorporation of additionallandscaping where possible.

Some small Native Pine Trees and Weeping Pittosporums are to be removedto facilitate the proposal, but existing stands of vegetation near the northernboundary are to remain.

Planting of additional semi-mature Eucalypts and hedging plants is proposedprior to occupation of the dwelling along the front and side boundaries. Theplanting of this landscaping prior to occupation and ongoing maintenance ofthis landscaping is also recommended as a condition of consent (referrecommended condition 4).

This is consistent with PDC 28.

Appearance of Land and Buildings

PDCs 29 and 30 call for a high standard of amenity to be established andmaintained on the site of the development, and that the scale of thedevelopment and its appearance and character should be in keeping with thatestablished in the locality.

The proposed dwelling will be the largest in the locality, which is at variancewith PDC 30, but this is considered to be negated by the large size of thesubject land, which is more than double the size of the median allotment sizeof adjacent properties.

In addition, although the size of the dwelling is large, it has been positioned sothat generous side boundary setbacks of at least 4m are provided, which is inkeeping with the pattern of development in the locality.

The bulk of the dwelling is also broken up by the split level design whichfollows the contours of the land apart from the master bedroom area, andresults in the dwelling appearing as a single storey building from the primarystreet frontage.


6In regards to the appearance of the dwelling, there is no regular pattern ofmaterials or colours used in the design of other buildings in the locality so theuse of concrete and rammed earth is not considered out of character.

PDC 31 states that adequate privacy and daylight for neighbouring allotmentsshould be maintained. The applicant maintains that planting of semi-matureEucalypts and hedging plants along the side boundaries will maintain theprivacy of adjacent allotments to the south and west of the subject land, withthe retention of mature vegetation to the north of the subject land assisting toprotect the privacy of dwellings along Beadnell Crescent and TanglewoodClose.

The applicant has also provided shadow diagrams to show that the proposalwill have little impact on the amount of sunlight that the adjacent allotment tothe south will receive.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development.- The safe and efficient movement of people and goods.- Safe, pleasant and convenient and efficient residential zones.- The amenity of localities not impaired by the appearance of land,

buildings and objects- Buildings or structures unobtrusively sited and of a character and

design which blends naturally with the landscape.- Development in urban and rural areas in keeping with the appearance

and character of those areas.- Development should minimise the threat and impact of bushfires on life

and property while protecting the natural and rural character.

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

Objectives: 1, 20, 29, 87, 88, 90, 106PDCs: 3, 7, 13, 22, 23, 24, 25, 41, 54, 56, 58, 76, 77, 78, 79, 80, 82, 86, 87,88, 89, 228, 299, 230, 231, 232, 233, 235, 240, 244, 245, 249

Form of Development

Objective 1 calls for orderly and economic development, which is echoed byPDC 3 which states that development should take place on land which issuitable for the intended use of the land having regard to the location of theland and objectives for the zone.

The proposal is for a dwelling and associated ancillary domestic structureslocated in the Country Living Zone, which is a residential zone.

The proposal is considered to be consistent with Objective 1 and PDC 3.

PDC 7 states that the excavation and/or filling of land should be kept to aminimum and be limited to no greater than 1.5m, and only be undertaken toreduce the visual impact of buildings.


7

The depth of excavation associated with the proposal is in excess of 1.5mmainly where the two storey pavilion is to be sited, but this is countered as theexcavation will reduce the visual impact of the buildings and leave no scarringon the land as the excavation will be obscured by the built form.

PDC 13 calls for development not to cause nuisance to the community byamongst other thing stormwater run-off and drainage from land. Stormwaterrun-off will be directed to the underground water storage tanks with overflowdirected to swales on the land near the north eastern boundary which is thelow point of the land.

Transportation (Movement of People and Goods)

PDCs 41, 54, 56 and 58 require that access ways allow for the safe andefficient movement of people and goods.

Two access points are proposed to the subject land, so that it is possible toenter and exit the land in a forward motion.

The Council Engineering Department has raised no objections to the proposedaccess arrangement.

Residential Development

Many of the Council Wide PDCs relating to residential development are similarto the Country Living Zone PDCs which relate to the appearance of land andbuildings.

The proposed dwelling and two storey outbuilding is of a large scale that isunusual for the locality, but the large scale of the development is considered tobe acceptable given the large size of the subject land which is also unusual forthe locality.

Accordingly, the proposal is not considered to adversely alter the character ofthe area given the unusual circumstances of the subject land. If this proposalwas considered on one of the other average size allotments in the locality thanit would be considered that the proposal has the potential to impair thecharacter of the locality by way of its bulk and scale.

Appearance of Land and Buildings

PDC 235 states that the external materials of buildings should have surfaceswhich are of a low light-reflective nature and be of natural colours which blendwith the natural landscape.

The concrete and rammed earth materials to be used in the dwelling and twostorey domestic outbuilding are low light-reflective and the off-white and browncolours of these materials are considered to blend with the natural landscape.Feature highlights of aluminium are also low-light reflective as this material willbe anodised.


8The incorporation of semi-mature landscaping is considered to also helpsoften the appearance of the buildings.

Bushfire Protection

PDC 307 requires that development in Bushfire Protection areas comply withthe Minister’s Code for Undertaking Development in Bushfire Protection Areas.

The subject land is in a medium bushfire risk area, and a 2,000L water supplyis required to be provided for fire fighting purposes. A water supply in excessof 2,000L has been provided for fire fighting purposes.

Construction issues

The applicant originally proposed a six year construction time to be undertakenin three stages. This has now been amended so that a four year constructiontime frame with all works to be undertaken in one stage is proposed. Thestandard timeframe for the completion of development works is three years,and in this instance given the size of the proposal and number of differentelements four years is considered to be reasonable.

7. SUMMARY & CONCLUSIONThe application is for a two storey split level dwelling and associated structures in theCountry Living Zone.The dwelling has a floor area of 870m², which is an unusually large size for the locality,but this is negated by the large 4007m² size of the subject land which is more than doublethe median allotment size of adjacent properties.The dwelling and associated structures have been located on the subject land in a waywhich ensures that large setbacks and areas for landscaping are provided.The bulk of the dwelling is also broken up by the articulated split level design of thedwelling which for the most part follows the contours of the land and appears as a singlestorey dwelling from the primary street frontage.The incorporation of semi-mature landscaping to be planted prior to occupation of thedwelling is also considered to soften the masonry appearance of the dwelling.Accordingly, given the size of the subject land relative to other adjacent allotments thesize of the dwelling and associated structures is considered to be acceptable and shouldnot adversely affect the character of the locality.The use of the two storey outbuilding can be conditioned to ensure that the proposal isconsistent with the Objectives of the Country Living Zone if consent is granted.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.


98. RECOMMENDATION

That 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 14/863/473 by Henry Keene for Two storey split level dwelling, twostorey domestic outbuilding, separate domestic outbuilding, in-ground swimmingpool, retaining walls, masonry fence, underground water storage tanks &associated earthworks at 9 Towers Road, Bridgewater SA 5155 subject to thefollowing 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:- Amended drawings CD01-CD03 & CD07_revision b by Eco Urbas

Design Studio, received by Council 2 July 2015- Amended drawing CD04 & CD09-CD10_revision a by Eco Urbas

Design Studio, received by Council 2 July 2015- Amended drawings CD05-CD06 & CD08_revision c by Eco Urbas

Design Studio, received by Council 2 July 2015- Drawings CD11-CD16 by Eco Urbas Design Studio, received by

Council 2 July 2015- Siteworks & drainage plan Job#14-100-C Revision A, received by

Council 2 July 2015

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

(2) Requirement For Gates Or Doors To Be Within BoundaryGates or doors shall not open beyond the boundary of the subject property.

REASON: To maintain pedestrian and vehicle safety.

(3) Restriction On Use Of Two Storey Domestic OutbuildingThe two storey domestic outbuilding shall not be used for humanhabitation, commercial or industrial purposes. Any such activity mayconstitute a change in use and will require separate development approval.Human habitation includes overnight and week-end accommodation.

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

(4) Timeframe For Landscaping To Be PlantedLandscaping of semi-mature plant species detailed in plan CD11 by EcoUrbas shall be planted prior to occupation and maintained in good healthand condition at all times. Any such vegetation shall be replaced if andwhen it dies or becomes seriously diseased in the next planting season.


10REASON: To maintain and enhance the visual amenity of the locality inwhich the subject land is situated and ensure the survival and maintenanceof the vegetation.

(5) Firefighting Water Supply - Mains Water Supply AvailableA supply of water independent of reticulated mains supply shall beavailable at all times for fire fighting purposes:o a minimum supply of 2,000 (two thousand) litres of water shall beavailable for fighting purposes at all times; ando the water supply shall be located such that it provides the required waterand is accessible by the fire authority; ando the water supply shall be fitted with domestic fittings (standardhousehold taps that enable an occupier to access a supply of water withdomestic hoses or buckets for extinguishing minor fires); ando the water supply outlet shall be located at least 400mm above groundlevel for a distance of 200mm either side of the outlet; ando a water storage facility connected to mains water shall have anautomatic float switch to maintain full capacity; ando where the water storage facility is an above-ground water tank, the tank(including any support structure) shall be constructed of non-combustiblematerial.REASON: To minimise the threat and impact of fire on life and property asyour property is located in a MEDIUM Bushfire Prone Area

(6) 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 on adjacentsites.


11(7) New Vehicle Access Points

New vehicle access point(s) and/or cross-overs shall be located a minimumof 500mm from any existing or proposed verge features (i.e. crossingplaces, trees, stormwater connections, lighting or stobie poles).REASON: For safe and convenient movement of vehicles.

(8) Vehicle Access Point(s) Line Of SightThe vehicle access point(s) and cross-over(s) shall be kept free of anyobstructions that may obscure the line of sight of a driver e.g. vegetation,letterboxes, fences.REASON: For safe and convenient movement of vehicles.

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

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

(10) External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: Mixture of concrete in a ‘vanilla’ tone with rammed earth or similarROOF: Concrete in a ‘vanilla’ or similar

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

(11) Soil Erosion ControlPrior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed andsecured below areas of excavation and fill to prevent soil moving off the siteduring periods of rainfall.REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.


12(12) Sealing Of Vehicle Access

The vehicle and cross-over shall be sealed in Hotmix bitumen, concrete,brick paving or similar material, from the edge of the sealed carriageway ofTowers Road to the property boundary.NOTE: The access shall be constructed to ensure no construction materialsare deposited onto the carriageway of insert name of road.REASON: To maintain safe and convenient movement of vehicles.

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) Public Utility ServicesPublic utility services including light poles and conduits may be present inthe road reserve area and it is the property owner’s responsibility to ensurethese services are not damaged as a result of the development. It is theproperty owner’s responsibility to negotiate the alteration of services in theroad reserve. All services within the road reserve should be located prior toany excavation.

(5) Surveyed BoundariesThe onus of ensuring that any wall or fence is located in the approvedposition on the correct allotment is the responsibility of the landowner/applicant. This may necessitate a boundary survey being undertakenby a licensed land surveyor prior to the work commencing and when thewall is complete.

(6) Swimming Pool Pumps & Filters


13Pumps and filters must be located and operated so as not to emit noiselevels in excess of the applicable Environment Protection (Noise) Policy2007. The maximum noise level shall not exceed 45db(A) from 10:00 p.m.on any night until 7:00 a.m. the following morning.

(7) Swimming Pool ChemicalsNo spillage of waste shall occur from the storage or use of pool chemicals.Disposal of any chemicals shall only occur at the EPA HouseholdHazardous Waste Depot (Ph 8204 1947) or through a licensed wastecontractor.

(8) Requirement for SA Water Approval To Fill Swimming PoolNew pools or spas may only be filled under the authority of a permit fromSA Water.The applicant is advised to obtain a permit to fill the pool withwater from SA Water before proceeding with the installation of theswimming pool.SA Water advises that a permit will not be granted unless proof is providedthat a cover has been purchased to prevent water loss throughevaporation.

(9) Sewer ConnectionThe dwelling 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.

(10) 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.

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


149. ATTACHMENTS

1. Locality Plan2. Proposal Plans and Details3. AHC Engineering Response4. Representations5. Applicant’s response to representations

Respectfully submitted Concurrence

___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Acting Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

AHC ENGINEERING RESPONSE

ATTACHMENT 4

REPRESENTATIONS

ATTACHMENT 5

RESPONSE TO REPRESENTATIONS

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING4 August 2015

AGENDABUSINESS ITEM – 8.2

Applicant: Fitness Life Studios Pty Ltd Landowner: Mosgiel Pty Ltd

Agent: Planning Chambers Pty Ltd Ward: Mount LoftyDevelopment Application: 15/390/473 Originating Officer: Marie Molinaro

Application Description: Increase to trading hours of fitness centre - 24 hour operation

Subject Land: Lot:1 Sec: P92 DP:1264CT:5469/320Subject Land: Lot:2 Sec: P92 DP:1264CT:5279/36

General Location: 2/232 Mount BarkerRoad Aldgate

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9January 2014Map AdHi/29

Zone/Policy Area: Neighbourhood Centre(Aldgate) Zone

Form of Development:Merit

Site Area: 4046m²

Public Notice Category:Category 2 Merit

Representations Received: Three

Representations to be Heard: One

1. EXECUTIVE SUMMARYThe purpose of this application is to extend the trading hours of a fitness centre so that itcan operate on a 24 hour basis.

The subject land is located within the Neighbourhood Centre (Aldgate) Zone and is amerit form of development. One representation in opposition and two representations insupport of the proposal were received during the Category 2 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority as a representor wishesto be heard.

The main issue relating to the proposal is the potential impact on residential amenity as itrelates to any possible increase in noise and traffic volumes associated with 24 hourtrading.

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 &Development Approval, subject to conditions.

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

Extension of trading hours so that the fitness centre can operate on a 24 hour basis.

Council Development Assessment Panel Meeting – 4 August 2015Fitness Life Studios Pty Ltd15/390/473

The fitness centre currently operates seven days a week, but with limited tradinghours as follows:

Monday & Wednesday: 6am-8pm

Tuesday & Thursday: 6am-9pm

Friday: 6am-7pm

Saturday: 8am-2pm

Sunday: 8am-12pm.

Aside from the installation of swipe card access to the building, CCTV surveillanceequipment and panic alarms no other modifications or building works are proposed.

The proposed details are included in Attachment 2.

3. HISTORYMay 4, 2010 2010/222/473 Council approved change of use from shop to

fitness centre & signage

4. REFERRAL RESPONSESNo referrals were required for this application.

5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Section 38(2)(a) of the Development Act (1993) and Schedule 9 of theDevelopment Regulations (2008) requiring formal public notification. One opposingrepresentation and two supporting representations from adjacent property owners werereceived.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Ross & Jennifer Fitzgerald 26 Kingsland Road,Aldgate

TBA

The applicant or their representative – Tim Beazley of Planning Chambers Pty Ltd maybe in attendance.

The issues contained in the representations can be briefly summarised as follows: The proposed increase in trading hours will exacerbate existing noise problems

associated with the use of the car park servicing the fitness centre. Thisparticularly relates to vehicle noise and noise associated with peoplecongregating in the car park after hours.

The proposed increase in trading hours could reduce crime levels in the localityas there will be increased passive surveillance from fitness centre members usingthe facility after hours.

Failure to support the proposal could result in the closure of the fitness centre.


These 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 4046m² in area and consists of two contiguous allotmentswhich have been developed as the Aldgate Village Shopping Centre. Shopswithin the centre consist of an IGA supermarket, pharmacy, optometrist andtake-away (chicken & seafood) outlet.

The subject land is on the southern side of Mount Barker Road and is alsobounded by Kingsland Road to the east and Fenchurch Road to the south.

The car parking area servicing the Centre is located in front of the shopsfacing Mount Barker Road, with access points from both Mount Barker Roadand Kinglsand Road.

The fitness centre is located near the south eastern corner of the subject landwhere Kingsland Road and Fenchurch Road intersect.

ii. The Surrounding Area

Allotments to the east of the subject land have been developed with smallscale shops and cafes/restaurants which address Mount Barker Road with ashared car parking area at the rear facing Fenchurch Road.

To the north east of the subject land is the State Heritage listed Aldgate PumpHotel, and directly to the east is another group of small scale shops.

Fenchurch Road to the south of the subject land contains a mixture ofcommunity based and residential uses, with Kingsland Road to the eastcontaining residential uses.

iii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Neighbourhood Centre (Aldgate) Zone andthese provisions seek:

- Minor retail, office, tourism and service development catering for theday to day needs of residents.- Development which is consistent with the type, scale and nature of landuses located within a neighbourhood centre.- Preservation of the small-scale atmosphere and attractive characterand amenity of Aldgate.- Retention and enhancement of the existing character and streetscapeof the centre as derived from the historic features adjacent the railway line.


- A safe and convenient environment for the movement of bothpedestrian and vehicular traffic within, and to and from the zone.

The following are considered to be the relevant Zone provisions:

Objectives: 1,2,3,5PDCs: 1,2,9

Form of Development

Objective 1 and PDCs 1 & 2 seek amongst other things small scalecommercial uses which cater for the day to day needs of residents. Thefitness centre is an approved land use which caters for the day to day physicalexercise needs of residents.

It is considered that the proposed 24 hour trading will enhance the centre’sability to cater for the needs of residents as it will offer greater flexibility formembers to attend the centre.

Objectives 2 & 3 also pick-up on this theme and reiterate that development inthe Neighbourhood Centre (Aldgate) Zone should be of a small scale which isconsistent with the type and nature of land uses located in the Zone andsurrounding district.

Whilst the centre would be the first use in the Zone to operate on a 24 hourbasis, there are examples of businesses in the Zone which have extendedtrading hours. These businesses include the IGA supermarket which tradesfrom 7am to 10pm seven days a week; and Aldgate Pump Hotel which tradesuntil 11pm three nights a week (Thursday-Saturday).

Accordingly, although the fitness centre will be the first use in the Zone tooperate on a 24 hour basis, it is considered that this should be compatible withother business in the Zone which operate with extended trading hours.

Design and Character

PDC 9 specifically states that development should not produce noise pollution,traffic volumes or other disturbances to an extent likely to adversely affect theuse and amenity of adjoining zones.

The applicant will attempt to mitigate any noise pollution associated with theuse of the car park servicing the fitness centre by reminding members to bemindful of nearby residents within the locality when attending the centreoutside of regular business hours. Monitored swipe card access to the centrewill also allow management to determine which members may be responsiblefor any noise complaints.

However, noise pollution associated with the use of the car park servicing thefitness centre is considered unlikely to exacerbate existing after hours’ noisepollution despite the proposed 24 hour operation as the applicant anticipatesthat the attendance patterns of members will not greatly change during theweekday.


This is supported by documentation approved as part of original developmentapplication 10/222/473 in which it was reported by the applicant that based onprevious fitness centre operation experience peak attendance times of thefitness centre would be between 6am-7am and 6pm-7:30pm Monday to Friday.

These expected peak attendance times as reported by the applicant in 2010are still accurate as reflected in Council Development Assessment Panel(CDAP) reports relating to similar development applications for 24 hour fitnesscentres across Adelaide, in which it was noted in numerous reports thatattendance levels were expected to peak before 10pm.

There is no anticipated noise pollution issues associated with activities beingundertaken in the fitness centre building itself as amplified music will be turnedoff by staff at the end of regular trading hours.

In relation to traffic volumes, it is difficult to determine if the proposed increasein trading hours will lead to an increase in members which will increase theneed for car parking spaces.

The applicant has stated though that the aim of the proposal is to providegreater flexibility to existing members in when they are able to attend thecentre, rather than to attract new members. The centre currently has 293members, but not all members attend the centre on a regular basis.

Based on Planning Bulletin ‘Parking Provisions for Selected Land Uses’ anindoor recreation facility/gymnasium should provide 10-14 car park spaces per100m² of floor area. Based on the 264m² floor area of the fitness centreapproximately 30 car park spaces would be required. In this instance though,this would appear to be excessive as the centre only experienced an averageof 51 visits per day between January and June this year.

It is also worth noting that this car park deficit was accepted as part ofdevelopment authorisation 2010/222/473.

The Aldgate Village Shopping Centre contains approximately 60 car parkspaces, and since 2010 Council has not received any reports of trafficcongestion issues associated with the use of the shared car park.

In addition to the 60 car park spaces in the Aldgate Village Shopping Centrethere are car parks available along Mount Barker Road.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development.- The safe and efficient movement of people & goods.- Centres developed in accordance with the desired character for each

centre.

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

Objectives: 1, 20, 35


PDCs: 1,2,3,13,58

Form of Development

Objective 1 and PDCs 2 & 3 call for orderly and economic development.

The proposal is considered to be orderly and economic as it is for theexpansion of trading hours of an existing recreation facility located in aNeighbourhood Centre Zone.

Centres and Shops

Objective 35 calls for centres to be developed in accordance with the desiredcharacter for each centre.

As noted above, development in the Neighbourhood Centre (Aldgate) Zone ismeant to preserve the small-scale atmosphere and attractive character andamenity of Aldgate.

Despite the proposal being for 24 hour trading, it is not considered that this willdetract from the small-scale atmosphere and amenity of Aldgate given theexistence of other late night trading businesses in the Zone, the likelihood thatpeak attendance times of the fitness centre will not change and that there willbe no increase in the floor area of the centre.

In regards to the design of development in Centre Zones, PDCs 145 & 146state that lighting for the safety and security purposes should be provided topedestrians when moving across a site which is not intrusive on neighbouringliving areas.

As noted in the proposal details, there is existing lighting within the car parkingarea servicing the fitness centre which has been adequate in providing asatisfactory level of security for existing members.

7. SUMMARY & CONCLUSIONThe proposal is for the increase in trading hours of an existing fitness centre, so that itcan operate on a 24 hour basis.The fitness centre will be the first use in the Neighbourhood Centre (Aldgate) Zone tooperate on a 24 hour basis. However, any possible increase in noise pollution and trafficvolumes associated with this should be negligible given the existence of other late nighttrading businesses in the zone, and the likelihood that membership numbers and peakattendance times of the centre (6am-7am and 6pm and 7:30pm Monday to Friday) willnot change.


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 & Development Approval beGRANTED, 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 GRANTS Development Plan Consent & DevelopmentApproval to Development Application 15/390/473 by Fitness Life Studios Pty Ltdfor Increase to trading hours of fitness centre - 24 hour operation at 2/232 MountBarker Road, Aldgate SA 5154 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:- Written correspondence from Tim Beazley of Planning Chambers Pty

Ltd, received by Council 11 May 2015

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

(2) Amplified MusicAmplified music associated with the approved used shall not be playedbetween 10pm and 6am the following day.

REASON: Noise shall not detrimentally affect the residential amenity of thelocality.

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.


9. ATTACHMENTS1. Locality Plan2. Proposal Details3. Representations4. Applicant’s response to representations

Respectfully submitted Concurrence

___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Acting Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL DETAILS

ATTACHMENT 3

REPRESENTATIONS

ATTACHMENT 4

RESPONSE TO REPRESENTATIONS

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