council development assessment panel meeting 6 …...oct 06, 2015 · council development...

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING6 October 2015

AGENDABUSINESS ITEM – 8.1

Applicant: Atkins Building Group Landowner: J B Gribble

Agent: Sam Jaffer Ward: Marble HillDevelopment Application: 14/935/473 Originating Officer: Doug Samardzija

Application Description: Dwelling alterations & additions including deck - maximumheight 2.7m (Non-Complying)

Subject Land: Lot:20 Sec: P925DP:4802 CT:5191/89

General Location: 36 Yarrabee RoadGreenhill

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014

Zone/Policy Area: Hills Face Zone

Form of Development:Non-complying

Site Area: 970m²

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 26June 2015

Representations Received: Nil

1. EXECUTIVE SUMMARYThe purpose of this application is to gain consent for dwelling alterations and additionsincluding a 2.7m high deck.

The proposed two storey alterations and additions are consistent with the size and scaleof the existing two storey dwelling and other dwellings in the locality. The altered colourselection to the existing dwelling to match the proposed additions will blend in with thenatural landscape.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. No representations were received during the Category 3 public notificationperiod.

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

The main issues relating to the proposal are scale and bulk of the proposed additions andthe visual 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 – 6 October 2015Atkins Building Group2014/935/473

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

Upper level dwelling alterations and additions, in particular: addition of some 22m² toinclude a new living area and alterations to the existing dining area of the dwelling.The upper level would also include a new balcony area of 43m² at 2.7m above groundlevel.

Lower level addition of 33m² to include new bedroom and wet areas.

External finishes to the dwelling to include re-roofing the existing dwelling withColorbond® Wallaby to match in with the additions and also weatherboard claddingthe walls in beige to match in with existing dwelling.

Screen of 2.8m in height to western side of balcony.

The proposed plans are included in Attachment 2.

3. HISTORYNovember 22, 1995 95/046/030 Council approved dwelling, shed and tankAugust 20, 2003 03/247/473 Council approved a carport

4. REFERRAL RESPONSES

CFSThe CFS have no objection to the proposal and have recommended a group ofstandard conditions (refer conditions 4-8).

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

AHC EHUCouncil’s Environmental Health Officer has granted in principle approval foralterations to underfloor plumbing to connect into existing aerobic system. (refer2015/w123/473).

5. CONSULTATIONThe application is non-complying as per Hills Face Zone PDC 26 (b)(i)(ii) as theproposed additions will result in external wall heights exceeding three meters in heightand also because a floor level is proposed above another floor level. The applicationwas categorised as a Category 3 form of development in accordance with Section38(2)(c) of the Development Act 1993 requiring formal public notification and a publicnotice. No representations were received during the Category 3 public notificationperiod.

The applicant or their representative – Darren Starr from Leading Edge Town PlannersPty Ltd may be in attendance.


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

i. The Site’s Physical CharacteristicsThe subject land is a 970m² allotment on the southern side of Yarrabee Roadwith a steep slope downhill towards Greenhill Road and contains an existingtwo storey weatherboard clad dwelling. The property also features a 91,000litre concrete water storage tank and domestic outbuilding to the rear of theproperty. The rear of the property overlooks Cleland Conservation Park to thesouth while the northern side of Yarrabee Road is predominantly large vacantblocks of land.

ii. The Surrounding AreaThe southern side of Yarrabee Road is characterised by allotments of regularshape and size. The street scape is defined by a range of housing stylesincluding single storey, split level and two storey dwellings with varioussetbacks.

iii. Development Plan Policy considerationsa) Zone Provisions

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

The Hills Face Zone- Maintain and enhance natural character- Limited visual intrusion

Objectives: 1 and 2PDCs: 1, 2, 3, 4, 7, 8, 9, 11 and 22

Accordance with ZoneThe proposal is for dwelling additions and alterations on a single allotment andwhile the proposal is a two storey addition and therefore does not accord withPDC 1(a) it will be an addition on to an existing two storey dwelling and istherefore considered acceptable. The additions will occur on existing flat areasof the site requiering no additional excavation or filling of land, the proposaltherefore accords with PDC 2. The bulk and scale is similar to that of otherdwellings in the locality constructed to work with the contours of the land.

Appropriateness of Proposal in LocalityPDCs 8 and 11(a) maintain that dwellings should be of single storey. Whilstthe intent of the PDCs is clear, the use of the word should (not “will” or “shall”)implies that there could be some degree of flexibility in the application of thisprinciple. At the same time the existing dwelling on site is two storeys andtherefore the proposed two storey additions are considered to be acceptablegiven that they will complement the scale of existing built form. Additionallydue to the topography of the land the proposed works will be unobtrusive oncecompleted and therefore accords with PDC 11(b). At the same time theproposed works are located at the rear of the property with the roof line beingkept below the lowest point of the abutting road and the additions will thereforenot be visible from a public road nor visible from the Adelaide Plains. As suchthe proposal satisfies PDC 7.


ConservationThere will be no need for removal of any native vegetation to facilitate theconstruction of the dwelling addition and the proposal therefore complies withPDC 22. Given that all of the work proposed will occur on an existing flat areaof the site, the potential for pollution, erosion or for any unacceptable levels ofnoise and dust to occur are substantially reduced. The proposal is thereforeconsidered to be in line with all relevant requirements of PDCs 3 and 4.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- The amenity of localities not impaired by the appearance of land and

buildings

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

Objectives: 1, 87, 88 and 106PDCs: 2, 3, 4, 6, 7, 12, 13, 15, 20, 22, 76, 77, 86, 87, 88, 89, 227, 231, 234,235, 245, 249, 301, 302, 303 306, 307, 366 and 368

Form of Development

The proposed development is considered to be orderly and economic andtherefore consistent with Objective 1 and PDC 2. All of the proposed worksinvolve additions to the rear and while the proposed additions are not singlestorey in nature and not located in a valley or below the ridge line it isimportant to note that the works proposed will match and complement theexisting two storey dwelling. Given that the site in question is located in arelatively established area characterised by various housing designs, theproposal is considered to be partially consistent with PDC 87. Part of theproposed work will include changing the existing pale eucalypt roof toColorbond® Wallaby and matching the external walls of the proposedadditions to the beige weatherboard cladding of the existing dwelling. Thecolours selected are of natural tone and considered appropriate for the locality.The proposal is therefore considered to accord with PDCs 22, 88, and 235.

Residential DevelopmentThe locality contains a number of two storey dwellings on allotments of similarsize and configuration. It is therefore viewed that the proposed two storeyalteration and additions will not affect the character and amenity of the locality.The proposed size, scale and bulk are considered to be consistent with thelocality and accord with Objectives 87 and 88 and PDCs 13, 76, 89, 227, 231,234, 245 and 249. Any potential for overlooking has been addressed by way ofa 2.8m high screen on the western side of the balcony. Due to the topographyof the land some overshadowing is expected along the western side, howevergiven the setback, overshadowing should be minimal and as such the proposaldoes not deviate too far from PDC 86.


Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater from the dwelling is to be directed to the existing 91,000 litreconcrete water storage tank at the rear of the property and the proposal istherefore considered to be consistent with PDC 367 and 368

Water Supply & Effluent DisposalA waste control system has been approved in principle for alterations tounderfloor plumbing to connect into existing aerobic system and thereforeaccords with PDC 20. Water supply is via the Greenhill Water SupplyCompany into two water storage tanks. The proposal is therefore consistentwith Zone PDC 9 and Council Wide PDC 12.

Solid Waste DisposalThe site is serviced by the Council’s waste collection service.

Transportation issuesThe existing access from Yarrabee Road to be utilised. It is proposed to bemodified as per the requirements by the CFS. (refer condition 6)

Fire Protection issuesThe CFS has assessed the site as BAL 29. Standard conditions regardingvegetation removal and access to the site and water supply have beenprovided in the CFS report. (refer conditions 4-8) The applicant has alsonominated a 22,000 litre water storage tank at the front of the property forfirefighting purposes only. The proposal will therefore accord with Objective106 and PDCs 301, 302, 303 306 and 307.

Construction issuesA soil erosion and management plan is recommended in condition 10.

7. SUMMARY & CONCLUSIONThe proposal is for two storey dwelling alterations and additions. The design, materialsand colours will blend with the environment and are considered suitable. Whilst theproposal is for two storey additions and alterations, it is anticipated that due to thetopography of the land the proposal should not cause adverse amenity impacts on theadjacent properties. The scale and bulk of the proposed additions should be consistentwith that of adjoining properties and immediate locality. Additionally the worksproposed will be located at the rear of the property and will not be visible from the publicroad nor is the land visible from the Adelaide Plains.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 HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 14/935/473 by Atkins Building Group for Dwelling alterations &additions including deck - maximum height 2.7m (Non-Complying) at 36 YarrabeeRoad Greenhill subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:- Amended site plan prepared by Atkins Building Group, drawing numberS677, sheet 1 of 7 and dated May 2015- Demolition plan/ground level prepared by Atkins Building Group,drawing number S677, sheet 2 of 7 and dated May 2015- Demolition plan/lower level prepared by Atkins Building Group, drawingnumber S677, sheet 3 of 7 and dated May 2015- Proposed floor plan/ground level prepared by Atkins Building Group,drawing number S677, sheet 4 of 7 and dated May 2015- Proposed floor plan/lower level prepared by Atkins Building Group,drawing number S677, sheet 5 of 7 and dated May 2015- North and South elevation drawings, prepared by Atkins BuildingGroup, drawing number S677, sheet 6 of 7 and dated May 2015- West and East elevation drawings, prepared by Atkins Building Group,drawing number S677, sheet number 7 of 7 and dated May 2015- Statement of Effect prepared by Darren Starr of Leading Edge TownPlanners PTY LTD, reference number 045-2015 and dated 16 June 2015

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

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

REASON: Lighting shall not detrimentally affect the residential amenityof the locality

(3) External Finishes To Match Existing BuildingExternal finishes shall be of materials and colours to match orcomplement those of the existing dwelling to the reasonable satisfactionof Council.

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


(4) CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which willprevent or inhibit the spread of bushfire and minimise the risk of lifeand/or damage to buildings and property, as follows:- The number of trees and understorey plants existing and to beestablished within the VMZ shall be reduced and maintained such thatwhen considered overall a maximum coverage of 30% is attained, and sothat the leaf area of shrubs is not continuous. Careful selection of thevegetation will permit the ‘clumping’ of shrubs where desirable, fordiversity, and privacy and yet achieve the ‘overall maximum coverage of30%’.Reduction of vegetation shall be in accordance with SA NativeVegetation Act 1991 and SA Native Vegetation Regulations 2003.- Trees and shrubs shall not be planted closer to the building(s) than thedistance equivalent to their mature height.- Trees and shrubs must not overhang the roofline of the building, touchwalls, windows or other elements of the building.- Shrubs must not be planted under trees and must be separated by atleast 1.5 times their mature height.- Grasses within the zone shall be reduced to a maximum height of 10cmduring the Fire Danger Season.- No understorey vegetation shall be established within 1 metre of thedwelling. (Understorey is defined as plants and bushes up to 2 metres inheight).- Within 10 metres of a building, flammable objects such as plants,mulches and fences must not be located close to vulnerable parts of thebuilding such as windows, decks and eaves- The VMZ shall be maintained to be free of accumulated deadvegetation.

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

(5) CFS Water SupplyA supply of water independent of reticulated mains supply shall beavailable at all times for fire fighting purposes:A minimum supply of 22,000 litres of water shall be available at all timesfor bushfire fighting purposes.The bushfire fighting water supply shall be clearly identified and fittedwith 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.The water storage facility (and any support structure) shall beconstructed of non-combustible material.The dedicated fire-fighting water supply shall be pressurised by a pumpthat has –o A minimum inlet diameter of 38mm, ANDo Is powered by a petrol or diesel engine with a power rating of at least3.7kW (5hp), ORo A pumping system that operates independently of mains electricity andis capable of pressurising the water for fire-fighting purposes.


The dedicated fire-fighting water supply pump shall be located at oradjacent to the dwelling to ensure occupants safety when operating thepump during a bushfire. An ‘Operations Instruction Procedure’ shall belocated with the pump control panel.The fire-fighting pump and any flexible connections to the water supplyshall be protected by a non-combustible cover that allows adequate airventilation for efficient pump operation.All bushfire fighting water pipes and connections between the waterstorage facility and a pump shall be no smaller in diameter than thediameter of the pump inlet.All non-metal water supply pipes for bushfire fighting purposes (otherthan flexible connections and hoses for fire-fighting) shall be buriedbelow ground to a minimum depth of 300mm with no non-metal partsabove ground level.A fire-fighting hose (or hoses) shall be located so that all parts of thebuilding are within reach of the nozzle end of the hose and if more thanone hose is required they should be positioned to provide maximumcoverage of the building and surrounds (i.e. at opposite ends of thedwelling).All fire-fighting hoses shall be capable of withstanding the pressures ofthe supplied water.All fire-fighting hoses shall be of reinforced construction manufacturedin accordance with AS 2620 or AS 1221.All fire-fighting hoses shall have a minimum nominal internal diameter of18mm and a maximum length of 36 metres.All fire-fighting hoses shall have an adjustable metal nozzle, or anadjustable PVC nozzle manufactured in accordance with AS 1221.All fire-fighting hoses shall be readily available at all times.


(6) CFS Existing AccessPrivate roads and access tracks shall provide safe and convenientaccess for bushfire fighting vehicles as follows: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 fire-fighting vehicles.The all-weather road shall allow fire-fighting vehicles to safely enter andexit the allotment in a forward direction by incorporating either –o A loop road around the building, ORo A turning area with a minimum radius of 12.5 metres, ORo A ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11metres and minimum internal radii of 9.5 metres.Vegetation overhanging the access road shall be pruned to achieve aminimum vehicular clearance of not less than 4 metres width and avertical height clearance of 4 metres.

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


(7) ACCESS (to dedicated water supply)Access to a dedicated water supply to be made available at all times forfire-fighting:Access to the dedicated water supply shall be of all-weatherconstruction, with a minimum formed road surface width of 3 metres.The driveway shall be constructed to be capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes, ANDProvision shall be made adjacent to the water supply for a hardstandarea (capable of supporting fire-fighting vehicles with a gross vehiclemass (GVM) of 21 tonnes) that is a distance equal to or less than 6metres from the water supply outlet.CFS appliance inlet is rear mounted; therefore the outlet/water storageshall be positioned so that the CFS appliance can easily connect to itrear facing.(NOTE: the water supply outlet may be remotely located from the tank toprovide adequate access).The dedicated water supply outlet must not exceed the 5 metre maximumvertical lift for drafting purposes (calculated on the height of the roadsurface to the lowest point of the storage).NB: The suction outlet pipework from the existing tank shall be fittedwith an inline non return valve of nominal internal diameter not less thanthat of the suction pipe and be located from the lowest point of extractfrom the tank. All non-metal water supply pipes for bushfire fightingpurposes shall be buried below ground to a minimum depth of 300mmwith no non-metal parts above ground level.NB: CFS has no objection to the proposed location for the dedicatedwater supply as detailed on drawing named S677 Sheet 1 of 6 dated May2015, providing the outlet is positioned in accordance with the above, iseasily accessible and clearly visible from the access way.

REASON: To provide safe access to water supply in the event of abushfire.

(8) CFS Conditions To Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.



(9) 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 techniquessuch 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 managedon site with no stormwater to trespass onto adjoining properties.

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

(10) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shallprepare and submit to Council a Soil Erosion and Drainage ManagementPlan (SEDMP) for the site for Council’s approval. The SEDMP shallcomprise:-• 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 priorto construction commencing and maintained to the reasonablesatisfaction of Council during the construction period.REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.


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) 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 of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 29.

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

(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 environmentin a way which causes, or may cause, environmental harm.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response

Respectfully submitted Concurrence

___________________________ _______________________________

Doug Samardzija Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

CFS RESPONSE



Applicant: K J & J A Kleemann Landowner: Jehovah’s WitnessesCongregations

Agent: Planning Chambers Pty Ltd Ward: Onkaparinga ValleyDevelopment Application: 15/598/473 Originating Officer: Marie Molinaro

Application Description: Change of use from place of worship to funeral chapel (non-complying)


General Location: 53 Woodside RoadLobethal

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Map AdHi/12 & Policy Area Map AdHi/55

Zone/Policy Area: Watershed (PrimaryProduction) Zone, Onkaparinga Valley PolicyArea


Site Area: 4966m²

Public Notice Category: Category 3

Notice published in The Advertiser on 7August 2015

Representations Received: 5

Representations to be Heard: N/A

1. EXECUTIVE SUMMARYThe purpose of this application is to change the use of a place of worship to a funeralchapel.

The subject land is located within the Watershed (Primary Production) Zone,Onkaparinga Valley Policy Area and is a non-complying form of development as perPrinciple of Development Control 70. Five representations in support of the proposal werereceived during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority as the proposal is aCategory 3 non-complying form of development.

The main issue relating to the proposal is whether the proposed use is compatible withsurrounding land uses.


Council Development Assessment Panel Meeting – 6 October 2015KJ & JA Kleemann15/598/473


Change of use from place of worship to funeral chapel.

The subject land is owned by the Jehovah’s Witness Congregation, but is no longerbeing used and is for sale. A contract by the applicant has been entered into topurchase the subject land.

When the place of worship was in operation two services per week for up to 120parishioners were held.

The proposed funeral chapel will cater for 30-40 services per year for between 80 and100 mourners.

The funeral services will either start at 10am or 2pm on weekdays, with services veryoccasionally to be held on Saturday morning. Services are typically no longer thanone hour in duration.

No deceased persons will be stored at the subject land as the applicant has otherpremises where this occurs.

No modifications to the existing 506m² place of worship building or 45 space car parkare required.

A dwelling and outbuilding associated with the existing place of worship will remain.

Existing separate entry and exit points to the subject land will remain, with thedwelling to be used as a caretaker’s residence.

Signage associated with the proposed funeral chapel is still being considered, but islikely to replace existing signage located on the subject land adjacent to the northernaccess point.


3. HISTORYFebruary 25, 1985 563/2-021/85 District Council of Onkaparinga approved a

place of worshipJanuary 1, 1986 563/2-371/85 District Council of Onkaparinga approved a

church & dwellingAugust 29, 1986 563/2-200/86 District Council of Onkaparinga approved a

PergolaMay 11, 1998 473/485/98 Council approved a class 10A shed

Based on the records available, development authorisation 563/2-371/85 was theapproval that was enacted.


ENVIRONMENTAL PROTECTION AUTHORITY (EPA)Advised that the proposal will have no impact on water quality, but recommendedstandard notes be included in any consent granted. (Refer to recommendednotes 3 and 4).



AHC ENVIRONMENTAL HEALTH UNITAdvised that the proposal will not affect the on-site waste water system.Confirmed there are no requirements under the Food Act (1991) in regards toserving refreshments as part of funeral services.


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. Five representations in support of the proposal were received, withfour of the representations coming from adjacent property owners.

One representor initially wished to be heard in support of their representation, but hassince withdrawn their request to be heard.

The applicants or their representative – Tim Beazley of Planning Chambers Pty Ltdmay be in attendance.

The issues contained in the representations can be briefly summarised as follows: Replacement fencing is required to provide more privacy between an adjacent

residential land use and the subject land. The proposed land use will be beneficial to the local community.

Copies of the submissions are included as Attachment 5, and the applicant’s responseto these is provided in Attachment 6.


i. The Site’s Physical CharacteristicsThe subject land is 4966m² in area and is developed with a 506m² place ofworship building, which is sited towards to the north of the subject land.Associated with the place of worship building is a 45 space car park whichwraps around the west and south of the building. Access to the car park is viaseparate entry and exit points located to the north and south of the subjectland. A dwelling approved as a minister’s residence is located towards therear of the subject land, along with an associated outbuilding.

The subject land is approximately 530m south of the defined township area ofLobethal and 100m north of an existing funeral parlour which is operated bythe applicants.

ii. The Surrounding AreaAs noted above, the subject land is on the outskirts of the Lobethal townshipwith the locality consisting of a mix of rural living allotments and largerallotments used for grazing and other primary production activities.


The existing place of worship building is approximately 35m from the nearestdwelling on an adjacent allotment.

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

The subject land lies within the Onkparinga Valley Policy Area of theWatershed (Primary Production) Zone and these provisions seek:

Onkaparinga Policy Area- The retention of the existing rural character by ensuring the

continuation of farming and horticultural activities and excluding ruralliving or other uses which would require division of land into smallerholdings.

There are only two Principles of Development Control relating to theOnkaparinga Valley Policy Area. These Principles are not considered relevantto this proposal.

The Watershed (Primary Production) Zone- The maintenance and enhancement of the natural resources of the

south Mount Lofty Ranges.- The enhancement of the Mount Lofty Ranges Watershed as a source

of high quality water.- The long term sustainability of rural production in the south Mount Lofty

Ranges.- The enhancement of the amenity and landscape of the south Mount

Lofty Ranges for the enjoyment of residents and visitors.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 3, 4PDCs: 3, 16, 17,70

Form of DevelopmentObjective 3 and PDCs 16 and 17 seek to ensure that primary productionactivity is sustained in the Zone.

In regards to this, the proposal is not considered to prejudice primaryproduction as the 4966m² size of the subject land restricts the potential forprimary production, and the land has been used for non-primary productionactivities for almost 30 years.

As the proposal is a non-complying form of development in the Zone, and nobuilding works are proposed many of the other Objectives and PDCs of theZone are not relevant to the assessment of this proposal.

Non-Complying DevelopmentAs per PDC 70, all kinds of development are non-complying in the Watershed(Primary Production) Zone except for a list of exempt development types.

A funeral chapel is not a listed exemption so therefore the proposal defaults tobeing a non-complying kind of development.


It is worth noting though that the existing use of the land as a place of worshipis also non-complying.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development.- The retention of the country town character and protection of the

surrounding watershed and primary production land from urbandevelopment.

- The safe and efficient movement of people and goods.- Community facilities integrated with business and shopping facilities in

defined centres.- The protection of the Mount Lofty Ranges Watershed against pollution

and contamination.- Buildings and the intensification of non-rural land uses directed away

from areas of high bushfire risk.


Objectives: 1, 4, 8 20, 53,105, 108, 104, 107PDCs: 1, 2, 3, 9, 12, 13, 58, 59, 299

Form of DevelopmentObjective 1 and PDC 1 call for orderly and economic development. Theproposal is considered to be orderly and economic as it will result in the re-useof an un-occupied building.

The existing building and sealed car parking area fit the needs of the proposeduse without needing to be modified.

The proposed use should not cause nuisance to the community as it willoperate less frequently than the existing use and will result in less peopleattending the subject land which is consistent with PDC 13.

In regards to the representation about fencing, this is a separate matter whichcan be addressed between the two parties outside of the assessment of thechange of land use proposal.

Transportation (Movement of People and Goods)Existing separate entry and exit points provide access to the subject land. A45 space sealed and line-marked car park also already exists. This alsoincludes two car spaces for persons with a disability, and an universal accessramp to the building.

Based on the off-street car parking provision guide of Table AdHi/4 of theDevelopment Plan, 20 car parking spaces are required for a funeral chapel.

Given this, the proposal is considered to be consistent with Objective 1 andPDCs 58 and 59.


However, a condition of approval is recommended that signage clearlydelineating the entry and exit points is installed (refer recommended condition4).

A condition of approval is also recommended that the car parking area and linemarking be maintained in good condition at all times (refer recommendedcondition 3).

Community FacilitiesObjective 53 desires that community facilities be integrated with business andshopping facilities in defined centres.

The proposed use is considered to be similar in nature to a community facility,although it will be operated for commercial purposes.

Although the subject land is not in a Centre Zone, the proposed use willreplace an existing community facility use. It is also worth noting that thesubject land is within 1 kilometre of a Township Zone and approximately 100mfrom another funeral chapel operated by the applicants.

Watershed ProtectionAs the subject land is in the Mount Lofty Ranges Water Protection Area andthe proposal is non-complying a referral to the EPA was required.

In response to this referral the EPA concluded that the proposal will have aneutral impact on water quality.

Accordingly, the proposal is considered to be consistent with Objective 105and PDC 299 which aim to prevent development in the Watershed which has arisk of polluting water catchment areas.

Bushfire ProtectionObjective 107 calls for non-rural land uses to be directed away from areas ofhigh bushfire risk.

The subject land is in a medium bushfire risk area, and is connected to themains water supply.

An emergency assembly area is also available at the edge of the car parkarea.

Other MattersCouncil’s building officers advised that the proposed change of use will notrequire a building rules assessment as the current and proposed use have thesame building classification (9b).

7. SUMMARY & CONCLUSIONThe proposal is for the conversion of a place of worship to a funeral chapel. The subjectland is in the Watershed (Primary Production) Zone and the proposed use is a non-complying form of development in the Zone.


Despite being Non-Complying, the proposal is considered to have merit as it willsupersede a similar form of development, with no modifications to the building orassociated car parking area required to facilitate the change of land use.The subject land is considered to have little primary production potential, so the proposalwill not hinder the objectives of the Watershed (Primary Production) Zone in encouragingprimary production.The proposed use will operate less frequently and will result in less people attending thesubject land, and should have a positive impact on the amenity of the locality.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 Approval,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 HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 15/598/473 by K J & J A Kleemann for Change of use from place ofworship to funeral chapel (non-complying) at 53 Woodside Road Lobethalsubject to the following conditions:(1) Development In Accordance With The Plans

The development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:Amended Statement of Effect by Planning Chambers Pty Ltd, received byCouncil 20 July 2015Written correspondence from Planning Chambers Pty Ltd, dated 10 July2015Locality Plan (14-160-01) by Planning Chambers Pty Ltd, dated July 2015Site Plan (14-160-02) by Planning Chambers Pty Ltd, dated July 2015Hall Floor Plan (14-160-03) by Planning Chambers Pty Ltd, dated July2015Residence Floor Plan (14-160-04) by Planning Chambers Pty Ltd, datedJuly 2015


(2) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

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


(3) Bitumen/Brick Paved Car ParkingLine marking and directional arrows shall be clearly visible andmaintained in good condition at all times. Driveways, vehiclemanoeuvring and parking areas shall be constructed of bitumen or brickpaved prior to occupation and maintained in good condition at all timesto the reasonable satisfaction of the Council

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

(4) Car Parking Directional SignageDirectional signs indicating the entry and exit points shall be providedon the subject land prior to occupation of the approved use, andmaintained in a clear and legible condition at all times.

REASON: To identify the location of off-street parking and ensure thefree flow of traffic.

(5) Unloading And Storage Of Materials And GoodsAll materials and goods shall at all times be loaded and unloaded withinthe confines of the subject land. Materials and goods shall not be storedon the land in areas delineated for use as car parking.

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

(6) Hours of OperationA maximum of 40 funeral services per year is permitted. Services shallbe concluded by 5pm.

REASON: To ensure the development operates in accordance with theapproval

(7) 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 itnot visible to adjacent property owners or from Woodside Road.

REASON: To maintain the amenity of the locality.

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) yearsof the 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 fresh


development application will be required if the above conditions cannotbe met within the respective time frames.

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

(3) EPA Environmental DutyThe applicant is reminded of its general environmental duty, as requiredby 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.

(4) EPA Information SheetsAny information sheets, guideline documents, codes of practice,technical bulletins, are referenced in this decision can be accessed onthe following web site: http://www.epa.sa.gov.au.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. EPA Response4. EHU Response5. Representations6. Applicant’s response to representations


___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

EPA RESPONSE

ATTACHMENT 4

EHU RESPONSE

ATTACHMENT 5

REPRESENTATIONS

ATTACHMENT 6

RESPONSE TO REPRESENTATIONS



Applicant: S Cole & I Kowanko Landowner: S Cole & I Kowanko

Agent: Rob McBryde Ward: ManoahDevelopment Application: 13/371/473 Originating Officer: Tom Victory

Application Description: Single storey detached dwelling, deck (maximum height 4m)extension of outbuilding with attached verandah, new domestic outbuilding, freestandingcarport & associated earthworks (non-complying)


General Location: Lot 2, Gurr RoadBradbury

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24Jan 2013

Maps AdHi/40 and AdHi/88

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


Site Area: 2.5 hectares

Public Notice Category: Category 3

Notice published in The Advertiser on 31July 2015

Representations Received: Two in support


1. EXECUTIVE SUMMARYThe purpose of this application is construct a single storey detached dwelling andassociated outbuildings and earthworks.

The subject land is located within the Watershed (Primary Production) Zone - RuralLandscape Policy Area and is a non-complying form of development due to the depth tobedrock being less than 1.2m where the wastewater disposal area is being proposed(contrary to criteria in Table AdHi/5). Two representations in support of the proposal werereceived during the Category 3 public notification period.

Whilst non-complying under the criteria in Table AdHi/5 relating to waste control systemsassociated with dwellings, the application nonetheless proposes an appropriate wastecontrol system that has been issued in principle approval from Council’s EnvironmentalHealth Department.

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

The main issues relating to the proposal are potential pollution risk, bushfire risk andnative vegetation removal.


Council Development Assessment Panel Meeting – 6 October 2015S Cole and I Kowanko13/371/473


A single storey detached dwelling with an attached deck (maximum height 4m).

The dwelling is to be raised on stumps and constructed of Colourbond® in a mix ofcolours being Cove, Gully and Jasper, with a Shale Grey Roof. The underfloor of thedwelling is to be enclosed with Colorbond®.

Extension of an existing outbuilding (to become 8m x 6m x 3m wall height) with anattached verandah.

New domestic outbuilding (6m by 6m by 3m wall height).

Freestanding carport (5m by 5m by 3.5m maximum post height).

Associated earthworks including a moss rock retaining wall on the southern side ofthe dwelling.

Two existing water tanks are to be utilised to supply a dedicated fire fighting supply ofat least 30,000 litres as well as domestic water supply.

An associated aerobic waste control system involving a terraced wastewater irrigationarea in the south-western corner of the subject land.


3. HISTORYN/A


Country Fire Service (CFS)The CFS has no objection to the proposal and has directed a number of standardconditions relating to access, water supply and vegetation management (referrecommended conditions 7 to 10).


Environment Protection Authority (EPA)The EPA has no objection to the proposal and has recommended two conditionsrelating to ensuring that the waste control system being installed and operationalprior to occupation of the dwelling and ensuring construction impacts areadequately managed. The first condition has been included in recommendedCondition 12 and the second condition is adequately covered by the applicant’sSoil Erosion and Drainage Management Plan and recommended conditions 5 and6.


Native Vegetation Council (NVC)The applicant applied to the NVC separately to the DA process for clearance ofnative vegetation for the house site. NVC confirmed that clearance approval is


not required for either the house site or the proposed wastewater irrigation areaas vegetation in these locations is not considered to be substantially intact, doesnot include trees of prescribed diameters and also can generally be removedregardless where in close proximity to fencelines.

A copy of the advice from the NVC is included as Attachment 6.

AHC EHUCouncil’s Environmental Health Department has granted pre-approval to install anaerobic waste water treatment system with an above ground terraced irrigationarea in the south-western corner of the land. The pre-approved waste controlsystem plans are included with the planning documentation in Attachment 3.

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. Two representations in support were received.

Copies of the submissions are included as Attachment 7.

The applicants (and/or their representative – Mr Rob McBryde) may be in attendance.


i. The Site’s Physical CharacteristicsThe subject land is 2.5 hectares in area and roughly square in shape. HadrianCreek runs centrally through the property from east to west. There is anexisting unsealed access track which connects to Gurr Road. This track runsin a north-easterly direction to an existing cleared area where there are twowater tanks, a shed and a windmill. The southern portion of the land generallycontains cleared areas and small native shrubs plants. The northern portion ofthe allotment (on the other side of the creek) is much steeper and covered withdense native vegetation.

The land slopes down some 15m from the front boundary down to the creekbefore rising back up approximately 25m to the northern (rear) boundary.

ii. The Surrounding AreaGurr Road is an unsealed local road. Land north of Gurr Road is mainly usedfor rural living purposes on sloping, vegetated allotments of a similar size tothe subject land. Most allotments north of Gurr Road have been developedwith detached dwellings.

South of Gurr Road is undeveloped, highly vegetated land within the ScottCreek Conservation Park (zoned as Public Purpose).


iii. Development Plan Policy considerationsa) Policy Area Provisions

The subject land lies within the Rural Landscape Policy Area of the Watershed(Primary Production) Zone and these provisions seek:

A Policy Area primarily for Primary Production with rural living in localitieswhere the allotments are small.

Retention of low density rural and rural living activities and exclusion ofland uses which would create nuisance to surrounding properties.

A scenically attractive rural character. A pleasant rural character derived from the retention of existing flora and

fauna, including significant stands of vegetation. Protection of water, air and land resources from pollution. Minimization of fire risk.

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

Objectives: 1, 2, 3, 4, 5, 6PDCs: 1, 2, 5, 6

Refer to Attachment 8 for the relevant Policy Area provisions.

The application is considered to generally be in accordance with relevantpolicies in the Policy Area. Whilst not in accordance with PDC 1, the proposalis consistent with PDC 2 which does support residential development withinthe Policy Area. No native vegetation of significance is required to be removedfor the construction and the dwelling will be below the road level and fairlyhidden from the surrounding locality. Appropriate wastewater management isproposed and therefore the proposal accords with PDC 5.

The proposed finishes of the dwelling are to be in dark, earthy colours, withperhaps the exception of the roof which is to be a lighter grey (Shale Grey).The dwelling site will however not be prominent in the landscape. Overall, thedwelling should not have any significant adverse visual impact on the localitythereby generally according with PDC 6.

b) Watershed (Primary Production) Zone Provisions

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

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

The enhancement of the Mount Lofty Ranges Watershed as a sourceof high quality water.

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

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

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



Objectives: 1 - 5PDCs: 1, 2, 3, 4, 8, 9, 10, 11, 14, 15, 16, 17, 23, 29, 30, 32, 36, 37, 39, 42, 44,

Refer to Attachment 9 for the relevant Zone provisions.

Visual Amenity

The application proposes a single storey building with a shallow pitched roofand as such should not be prominent in the landscape, particularly whenviewed from the south (from the road). Whilst the dwelling will increase inheight on the northern side due to the deck overhanging an embankment, thisside will only be visible to the valley below where there are no neighbours andwhich is not visible from surrounding roads. The dwelling and two outbuildingswill be generally grouped together and in unobtrusive locations. The proposalis therefore considered to generally accord with Objective 5 and PDCs 1, 2, 8,9, 10, 11, 14, 15 and 39.

Setback to Watercourse

The vast majority of the dwelling will be setback greater than 25m fromHadrian Creek, except for the deck which is about 16m at its closest point.There is not however considered to be any issues of concern with the reducedsetback however for the deck as the structure would be some 11m higher thanthe level of the creek due to the steep embankment down to the creek. Thereshould not be any flooding risk from the creek to the structure. The applicationis therefore considered to accord with the intent of PDC 4.

Primary Production

The site does not currently host any primary production uses and is unlikely tobe used as such due to the size of the allotment and various constraints suchas a watercourse and heavily vegetated northern portion of the land. Thedwelling should also not impact upon any primary production activities thatmay exist in the wider locality either. The proposal is considered to accord withPDCs 16, 17, 42 and 44.

Waste Management

Pre- approval has been obtained from Council’s Environmental Health sectionfor an onsite waste control system and as such the proposed dwelling shouldnot have any significant adverse pollution impacts. The irrigation area is to beon relatively flat land, meets relevant setbacks to watercourses and bores andthe engineered, terraced solution addresses depth to bedrock/watertable. TheEPA has reviewed the dwelling application and the waste control systemproposal and has no objection to either proposal.

The proposal is therefore considered to accord with PDCs 3 and 36.


Native Vegetation

No native vegetation requiring clearance approval from the NVC is required tobe removed for the proposal (only smaller shrubs/plants). NVC has noobjection to the dwelling/wastewater irrigation siting. The application istherefore considered to accord with PDCs 23, 29, 30, 32 and 37.

c) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary): Orderly and economic development Retention of visual amenity and scenic qualities Development which minimises the threat and impact of bushfires Safe and convenient vehicle movements Protection of primary production activities Appropriate wastewater and stormwater management Protection of native vegetation.


Objectives

1, 4, 5, 6, 11, 14, 20, 21, 61, 62, 87, 88, 90, 103, 104, 105, 106, 107, 119, 120,122, 123, 127, 128, 129, 131

Principles of Development Control

2, 3, 4, 6, 7, 9, 12, 13, 15, 16, 18, 19, 20, 22, 23, 24, 25, 58, 59, 72, 75, 76,77, 79, 80, 81, 82, 87, 88, 173, 227, 228, 229, 230, 232, 233, 234, 239, 243,244, 247, 248, 295, 296, 298 299, 300, 302, 306, 357, 358, 365, 366, 367,368, 369, 371, 372, 374, 377, 378

Refer to Attachment 10 for the relevant Council Wide provisions.

Orderly and economic development

The proposal is to establish one dwelling on one allotment. This is typicallyenvisaged throughout the Watershed (Primary Production) Zone subject tomeeting relevant environmental criteria/planning policies. The proposal willutilise existing infrastructure as well as upgrading other infrastructure. Anappropriate waste control system is proposed that should have negligibleimpacts on the environment.

There should be no notable impacts to primary production activities nor shouldit preclude existing primary production activities elsewhere in the locality fromcontinuing. No significant visual impacts from the proposal should arise.Existing infrastructure such as water tanks, bore and access are to be utilised.

The application is considered to be orderly and economic and generallyaccords with Objective 1 and PDCs 2, 3, 9, 12, 13, 15, 16, 72, 75, 76 and 77.


Retention of visual amenity and scenic qualities

Due to the design of the dwelling on stumps, earthworks will be generallylimited for the proposed dwelling. A small moss rock retaining wall is proposedbetween the driveway level and the house site below. The deck at the rear ofthe dwelling is proposed to extend partly out over the existing embankment upto a maximum height of 4m, but generally much less. As stated before, thedeck will be hidden from the majority of the locality.

Earthworks for the carport and new outbuilding involve 1.5m or less of cut andfill.

All buildings meet relevant policies for front, side and rear setbacks fromboundaries. The only exception is the proposed new shed which is to belocated 1m from the front boundary. This setback is however not considered tobe an issue given the existing wide road reserve (significant width betweencarriageway of road and the front boundary), vegetation between the road andthe shed site and that the shed is to be located below the road level. The shedshould therefore be relatively screened from the road.

The application is considered to generally accord with Objectives 87, 88, 90and PDCs 22, 23, 24, 25 78, 87, 88, 227, 228, 229, 230, 232, 233, 234, 238,239, 243, 244, 247 and 248.

Development which minimises the threat and impact of bushfires

The application was referred to the CFS which did not raise any objectionsand outlined standard conditions to be attached to any approval relating toaccess, water supply and vegetation management (refer recommendedconditions 7 to 10).

The applicant has demonstrated that standard conditions can be achieved onthe site. In particular the plans display an appropriate all weather driveway andturnaround area. A CFS water supply is to be located adjacent the turnaroundarea with at least 30,000 litres dedicated to fire fighting. The building site isrelatively clear of vegetation and thus should only require removal of smallshrubs/plants for bushfire clearance purposes.

The application is considered to generally accord with Objectives 106, 107 andPDCs 299, 300, 302, 304 and 306.

Safe and convenient vehicle movements

The new dwelling is proposed to be accessed via the existing driveway andaccess point. The driveway will be required to be constructed to suit allweather conditions by directed CFS conditions and should have minimal visualimpact to the locality.

The proposal will have more than sufficient off-street parking. The applicationis considered to accord with Objectives 11, 14, 20, 21 and PDCs 58, 59, 80.


Protection of primary production activities

See earlier discussion under the Policy Area/Zone assessment. The proposalgenerally accords with Objectives 4, 5, 6, 61, 62 and PDC 173.

Wastewater Management

See earlier discussion under the Policy Area/Zone assessment. The proposalis considered to accord with Objectives 103, 104, 105 and PDCs 19, 20, 79,295, 296, 298, 357, 358 and 368.

Stormwater management

Stormwater systems have been designed by an appropriate engineering firm.Stormwater from the dwelling is proposed to be directed to two collectiontanks adjacent the dwelling. Overflow from these tanks and stormwater fromthe three outbuildings and other site stormwater is to be directed to spreaderpipes which will in turn flow into Hadrian Creek at the bottom of the site.

The existing bore on the site provides water supply to two existing large tankswhich are to be used for domestic supply and fire fighting purposes.

The proposed stormwater system is considered appropriate and accords withObjectives 119, 120, 122, 123, 127, 128, 129, 131 and PDCs 366, 367, 369,371, 372, 374 and 377 and 378.

Protection of native vegetation

No native vegetation of significance is required to be removed thus accordingwith PDC 35.

7. SUMMARY & CONCLUSIONWhilst the dwelling is non-complying, the application nonetheless proposes anappropriate form of development and appropriate waste control system that has beenissued in principle approval from Council’s Environmental Health Department under therelevant legislation. It has been adequately demonstrated that the site can accommodatea dwelling which generally meets relevant planning policies and on-site wastewaterlegislation. The buildings proposed should not adversely impact on the visual amenity ofthe locality to any significant degree and appropriate fire-fighting measures are proposedfor the dwelling to meet CFS requirements.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 HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 13/371/473 by S Cole & I Kowanko for a single storey detacheddwelling, deck (maximum height 4m) extension of outbuilding with attachedverandah, new domestic outbuilding, freestanding carport & associatedearthworks (non-complying) at Gurr Road, Bradbury subject to the followingconditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:- Siteworks Plan by RCI Consulting Engineers, Job No. C18541, date

stamped as received by Council 15 Sep 2015- Amended Site Plan by Energy Aspect Living, Job 140256, Dwg 1.0,

date stamped as received by Council 19 Aug 2015- Amended Floor Plan by Energy Aspect Living, Job 140256, Dwg 2.0,

date stamped as received by Council 5 Feb 2015- Amended Elevations Plan 1 by Energy Aspect Living, Job 140256,

Dwg 3.0, date stamped as received by Council 5 Feb 2015- Amended Elevations Plan 2 by Energy Aspect Living, Job 140256,

Dwg 3.1, date stamped as received by Council 5 Feb 2015- Amended Roof Plan by Energy Aspect Living, Job 140256, Dwg 4.0,

date stamped as received by Council 5 Feb 2015- Amended Plumbing Plan by Energy Aspect Living, Job 140256, Dwg

6.0, date stamped as received by Council 19 Aug 2015- Amended Sections Plan by Energy Aspect Living, Job 140256, Dwg

7.0, date stamped as received by Council 5 Feb 2015- Statement of Effect by Parmac Planning Consultants dated July 2015- Outbuildings and Carport Plans date stamped as received by

Council 19 Aug 2015- Soil Erosion Drainage Management Plan Report/Plan date stamped

as received by Council 19 Aug 2015


(2) 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 amenityof the locality.


(3) External FinishesThe external finishes to the building herein approved shall be as follows:WALLS: Colorbond® in Cove, Gully and Jasper or similarROOF: Colorbond® in Shale Grey or similar

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

(4) Treatment To Excavations And FillAll exposed excavations and fill as shown on the Site Plan by EnergyAspect Living, Job 140256, Dwg 1.0, date stamped as received byCouncil 19 Aug 2015, shall be(a) rounded off and battered to match and blend with the naturalcontours 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 coversprior to occupation of the approved development to the reasonablesatisfaction of Council.

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

(5) Soil Erosion ControlPrior to construction of the approved development hay bales (or othersoil erosion control methods as approved by Council) shall be placedand secured below areas of excavation and fill to prevent soil moving offthe site during periods of rainfall.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(6) Provision Of Drainage ChannelsDrainage channels are to be provided above and below the cut and fillarea to minimise water entry.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(7) CFS Access Requirements - New RoadsPrivate roads and access tracks shall provide safe and convenientaccess and egress for bushfire fighting vehicles as follows:• Access to the building site shall be of all-weather construction, witha maximum formed road surface width of 3 metres and shall allow forforward entry and exit of large bushfire fighting vehicles.• The all-weather access shall be constructed such that it is protectedfrom water erosion of the traffic surface. The road surface shall beprofiled to manage storm water runoff to appropriate drains, at one orboth sides of the traffic 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 ofwatercourses or instability of any embankment or cutting.• All dead-end roads shall be constructed to allow large bushfirefighting vehicles to turn around with safety by use of either:- a turnaround area with a minimum formed road surface diameter of25 metres, or- a “T” or “Y” shaped turn around area with minimum formed roadsurface leg lengths of 11 metres and minimum inside road radii of 8.5metres.• All road curves shall have minimum inside road radii of 8.5 metres.• Solid crossings over waterways shall be provided to withstand theweight of large bushfire appliances (GVW 21 tonnes)• Vegetation overhanging the access road shall be pruned to achievea minimum vertical height clearance of 4 metres.

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

(8) CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which willprevent or inhibit the spread of bushfire and minimise the risk of lifeand/or damage to buildings and property, as follows:• 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 20m of the building(s) shall be removed.• All branches overhanging the roof shall be removed or trimmed

clear of the roof, beyond the line of gutters.• All shrubs/understorey plants within 20metres of the building(s)

shall be removed. (Understorey is defined as plants and bushes upto 2m in height).

• Grasses within 20 metres of the building or to the propertyboundaries, whichever comes first, shall be reduced to a maximumheight of 10cm during the Fire Danger Season.

• The existing garden shall be maintained to be free of accumulateddead vegetation.

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

(9) CFS Water SupplyA supply of water independent of reticulated mains supply shall beavailable at all times for fire-fighting purposes:• A minimum supply of 30,000 litres of water shall be available forbushfire 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:-• At or adjacent to the dwelling to ensure occupants safety whenoperating the pump during a bushfire.• NB: An “Operations Instruction Procedure” shall be located withthe pump control panel• The bushfire fighting water supply shall be clearly identified andfitted with an outlet of at least 50mm diameter terminating with a fireservice 64mm male London round thread adapter which shall beaccessible to bushfire fighting vehicles at all times.• All non-metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least 300mm belowfinished ground level.• Two hoses (minimum 19mm ¾ inch internal diameter) and metal,spray jet nozzles capable of withstanding the pressures of the suppliedwater and of sufficient length to reach all parts of the building shall bereadily accessible of 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.


(10) CFS Conditions To Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions 8 to 10 shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.


(11) Overflow From Rainwater TanksTo prevent erosion, overflow from rainwater tanks shall be treated onsite to the satisfaction of Council, using design techniques such as:- grassed swales- stone-filled trenches- small infiltration basins

REASON: To minimise erosion and protect the environment and ensurethat no ponding of stormwater resulting from development occurs onadjacent sites.


(12) Waste Control System Commissioned Prior to OccupationThe 3,250 litre aerated wastewater treatment system and the 170 squaremetre on-site irrigation area must be installed and operational prior tooccupation of the dwelling.

REASON: To minimise pollution risk to the Watershed.

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) Development Within Close Proximity to BoundariesThe 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.

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

(4) EPA General 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) Department of Environment, Water & Natural Resources (DEWNR) –Native Vegetation Council 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:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation


Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777. Thismust be sought prior to Full Development Approval being granted byCouncil.

(6) Requirement For Bushfire Equipment In Accordance With The MinistersSpecification SA 78The Bushfire Fighting Equipment including the fire pump hoses for firefighting and pipework shall be in accordance with the MinistersSpecification SA 78.

(7) 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 of a bushfire.

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

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

9. ATTACHMENTS1. Locality Plan2. Aerial Site Plan3. Proposal Plans and Statement of Effect4. CFS Response5. EPA Response6. NVC Response7. Public representations8. Relevant Development Plan Policy Area provisions9. Relevant Development Plan Zone provisions10. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Tom Victory Vanessa NixonSenior Statutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

AERIAL SITE PLAN

ATTACHMENT 3

PROPOSAL PLANS AND STATEMENT OF EFFECT

ATTACHMENT 4

CFS RESPONSE

ATTACHMENT 5

EPA RESPONSE

ATTACHMENT 6

NVC RESPONSE

ATTACHMENT 7

RELEVANT POLICY AREA PROVISIONS

OBJECTIVES

Objective 1: A Policy Area primarily for Primary Production with rural living in localities where theallotments are small.

Objective 2: Retention of low density rural and rural living activities and exclusion of land uses whichwould 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, includingsignificant stands of vegetation.

Objective 5: Protection of water, air and land resources from pollution.

Objective 6: Minimization of fire risk.

PRINCIPLES OF DEVELOPMENT CONTROL

1 Development should be primarily for farming and horticulture, with natural open space in order to retainthe qualities and amenity of the locality.

2 Development not being primary production should be for residential and ancillary purposes, not causingnuisance to neighbouring allotments.

5 All activities should be carried out with regard to water conservation, preservation and bushland oflandscape quality, and with a view to minimizing environmental problems.

6 Buildings should be of a high standard of design, with respect to external appearance, choice ofmaterials and colours. Buildings should be sited to blend with, preserve and enhance the character and

amenity of the locality.

ATTACHMENT 8

RELEVANT ZONE PROVISIONS

OBJECTIVES

Objective 1: The maintenance and enhancement of the natural resources of the south Mount LoftyRanges.

Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of high quality 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 Mount LoftyRanges.

Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Ranges for theenjoyment of residents and visitors.


1 Buildings, should be located in unobtrusive locations and, in particular, should:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located not to be visible against the skyline when viewed from public roads and especially from theMount Lofty Ranges Scenic Road;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) be sited on an excavated rather than a filled site to reduce the vertical profile of the building;(f) where possible be screened by existing native vegetation when viewed from public roads and especiallyfrom the Mount Lofty Ranges Scenic Road; and(g) maximize the retention of existing native vegetation and the protection and retention of watercourses intheir natural state.

2 Buildings should be unobtrusive and not detract from the desired natural character of the Zone and, inparticular:(a) the profile of buildings should be low and the roof lines should complement the natural form of the land;(b) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans whichcomplement the contours of the land; and(c) large eaves, verandahs and pergolas should be incorporated into designs to create shadowed areaswhich reduce the bulky appearance of buildings.

3 Buildings:(a) should have a year-round water supply and a safe and efficient effluent disposal system which will notpollute watercourses or underground water resources or be a risk to health; and(b) should have a safe, clean, tidy and unobtrusive area for the storage and disposal of refuse so that thedesired natural character of the Zone is not adversely affected.

4 Buildings and structures should not be located within 25 metres of a watercourse and buildings andstructures including chain mesh and solid fences should not be located on land subject to flooding asshown on Figures AdHiFPA/1 to 19 or within other areas subject to flooding or inundation by a 1 in 100year average return interval flood event.

8 The number of outbuildings should be limited, and where appropriate they should be grouped together,located in unobtrusive locations and comply with the previously mentioned principles of developmentcontrol relating to the location and design of buildings.

9 Driveways and access tracks should follow the contours of the land to reduce their visual impact anderosion from water run-off and be surfaced with dark materials. The excavation/filling of land should bekept to a minimum to preserve the natural form of the land and the native vegetation.

10 Native trees, shrubs and ground covers should be established to screen development, including screeslopes created as a result of the excavation and/or filling of land, in such a way that the bushfire hazard isnot increased. Screening mounds may also be appropriate.

11 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.

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 be preserved bycareful siting, design and landscaping of new building development and/or intensive 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 available for suchpurposes.

23 Dwellings should be located to maximize the retention of existing vegetation by either:(a) being located on an existing cleared site of sufficient size to ensure the safety of the proposeddetached dwelling from fire hazard without the need for further clearance;(b) being built within the limitations of the exemptions provided for in the Native Vegetation Regulations,and addressing the safety of the proposed detached dwelling without the need for further clearance; or(c) sited and constructed in such a way which provides appropriate bushfire prevention measures withoutthe need for further clearance of native vegetation on the allotment or sited in such a way that provides forthe removal of native vegetation within the limits of the exemptions provided by the Native VegetationRegulations without the need for further clearance

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 area ofsufficient size to ensure the safety of the proposed structures from fire hazard without the need for furtherclearance.

32 The provision of services, including power, water, effluent and waste disposal, access roads and tracksshould be effected over areas already cleared of native vegetation or, if this is not possible, cause theminimum interference or disturbance to native vegetation.

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

37 Trees, other vegetation and earth mounding should be retained or provided as part of the developmentwhere the environment will be visually improved by such a provision.

39 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.

42 Rural areas should be retained for primary production purposes and other uses compatible withmaintaining rural productivity.

44 Development which would remove productive land from primary production or diminish its overallproductivity for primary production, should not be undertaken unless the land is required for essentialpublic purposes.

ATTACHMENT 9

RELEVANT COUNCIL WIDE PROVISIONS

Objective 1: Orderly and economic development.

Objective 4: The retention of the country town character and protection of the surrounding watershedsand primary production land from urban development.

Objective 5: Prevention of the continued encroachment of urban development into rural areas.

Objective 6: Protection of productive primary production land from conversion to non-productive orincompatible uses, and encouragement of full-time farming of rural land.

Objective 11: A comprehensive, integrated, and efficient, public and private transport system which will:(a) provide access to adequate transport services for all people, at an acceptable cost;(b) effectively support the economic development of metropolitan Adelaide and the State;(c) ensure a high level of safety; and(d) maintain the options for the introduction of suitable new transport technologies.

Objective 14: A compatible arrangement between land uses and the transport system which will:(a) ensure minimal noise and air pollution;(b) protect amenity of existing and future land uses;(c) provide adequate access;(d) ensure maximum safety; and(e) protect roadside vegetation.

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

Objective 21: The free flow of traffic on roads by minimizing interference from adjoining development

Objective 61: The retention of rural areas primarily for forestry, primary production and conservationpurposes and the maintenance of the natural character and rural beauty of such areas.Land in rural areas should continue to be used for primary production purposes. Defining land for ruralpurposes will assist in a more intensive use of the land for food production, prevent land speculation andthe uneconomic spread of the metropolitan area.In some localities the trend has been for primary production land to be divided into small holdings of two tofour hectares and subsequently into residential allotments.The haphazard and premature division of land causes good agricultural land to go out of production forpurely speculative purposes.

Objective 62: The retention of rural land in primary production especially land suitable for high rates of fruitand vegetable production.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings and objects.An area should be an attractive and pleasant place in which to live, as well as being healthy andconvenient. If the resident is to enjoy looking at their surroundings, attention must be given to the aestheticqualities of both natural and man-made features. The design of individual buildings should be of highstandard and related to adjacent buildings.Many roads are lined with commercial, residential and industrial development of varying qualities, withuninhibited advertising and a mixture of street signs, street furniture and overhead wires, all of whichprovide an unwelcome contrast to the attractiveness of the approaches to the towns. An improvement inthe quality of development is highly desirable.

The face and the skyline of the south Mount Lofty Ranges as seen from various points in the metropolitanarea should not be spoilt by small-scale domestic development.

Objective 88: Buildings or structures unobtrusively sited and of a character and design which blendsnaturally with the landscape.Existing substandard buildings, abandoned structures and disused quarry sites should be removed,renovated or screened to improve the quality of the landscape.

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

Objective 103:Protection of watersheds from pollution.

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

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

Objective 106:Development should minimise the threat and impact of bushfires on life and property whileprotecting the natural and rural character.

Objective 107:Buildings and the intensification of non-rural land uses directed away from areas of highbushfire risk.

Objective 119: Protection of the quality and quantity of South Australia’s surface waters (inland, marine andestuarine) and underground waters.

Objective 120:Development designed, located and managed to prevent or minimise the generation of waste(including wastewater) by applying the following waste management hierarchy in the priority order shownbelow:(a) avoiding waste production;(b) minimising waste production;(c) reusing and recycling waste;(d) recovering part of the waste for re-use;(e) treating waste to reduce potentially degrading impacts; and(f) disposing of waste in an environmentally sound manner.

Objective 122: Development which:(a) ensures surface run-off promotes the restoration of natural flow regimes;(b) prevents soil erosion and water pollution;(c) protects stormwater from pollution sources;(d) protects environmental flows required to meet the needs of the natural environment;(e) protects water quality and riparian zones8 by providing adequate separation distances fromwatercourses9, and other water bodies;(f) protects water quality from problems associated with salinity;(g) maintains natural hydrological systems and existing indigenous vegetation;(h) maintains natural water storage capacity whether temporary or permanent; and(i) protects aquifers10, particularly recharge zones and their dependent ecosystems11.

Objective 123: Development designed and located to protect or enhance the environmental values12 ofreceiving waters.

Objective 127: Integrated stormwater management at the catchment level, drainage system level and sitelevel including incorporation of water sensitive design15 in all development.

Objective 128: Storage and/or use of water including treated wastewater and/or imported water16 whichavoids adverse impact on public health, water, soil and their dependent ecosystems.

Objective 129: Design of buildings and places to manage, protect and conserve the urban water cyclethrough features to retain, detain and re-use stormwater on-site.

Objective 131: The sustainable use of natural water resources (including groundwater, surface water andwatercourses).


2 Development should be orderly and economic.

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

4 Building development should not take place unless reasonable and effective precautions are takenagainst risk of damage from ground instability.

6 Land, particularly steeply sloping land used for the erection of buildings, should be stable.

7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve the natural form of theland and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or to construct waterstorage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped to preserve and enhance thenatural character or assist in the re-establishment of the natural character.

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

12 In the absence of a reticulated or indirect water supply, development should have an independent watersupply of a nature, design, quality and capacity that can be demonstrated as suitable for meeting theongoing requirements of the development, particularly for domestic, livestock, and fire protection purposes.

13 Development should not detrimentally affect the character or amenity of its locality or cause nuisance tothe community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, wastewater, 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 where required;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 of suchdevelopment 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.

16 New housing and other urban development should:(a) be limited to infilling of existing built-up areas and compact extensions within defined boundaries;(b) be located so as to achieve economy in the provision of public services; and

18 Development should not be undertaken where the overall natural slope of the allotment is greater than1 in 4.

19 Septic tanks should:(a) not be installed where effluent is likely to lead to pollution of surface or underground water;(b) be installed on allotments large enough to allow disposal of effluent within the allotment boundaries;and(c) be located so as to permit the most effective (in accord with SA Water and South Australian HealthCommission standards) disposal of effluent within the allotment, notwithstanding other design and sitingprinciples.

20 Effluent and other waste materials from development should be capable of being treated and disposedof without risk to health, or impairment to amenity.

22 Buildings should be clad in materials which are non-reflective and which do not detract from theamenity 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 beauty andwooded character of the locality.

24 Other than Centre zones the following building set-backs apply to boundaries not being a boundary witha road:(a) one metre within Country Township and Residential Zones;(b) two metres within any other zone other than the State Heritage Area (Mount Torrens) Zone;(c) as specified in the Principles of Development Control for development within the State Heritage Area(Mount Torrens) Zone.

25 Other than in Centre zones buildings and structures should be set-back a minimum of eight metres fromthe road boundary of an allotment. Where an allotment has multiple road frontages, buildings and structuresshould be set-back a minimum of eight metres from the major road and 2.5 metres from the minor road(s).

58 Development should include adequate, safe and convenient off-street car parking that does not interferewith the safety and convenience of traffic on any road or thoroughfare.

59 Development should provide off-street vehicle parking and specifically marked disabled car parking placesto meet anticipated demand in accordance with Table AdHi/4 Car Parking Provisions.

72 Residential development should efficiently use infrastructure and services.

75 Residential development should not create conditions which are likely to exceed the capacity of existingroads, public utilities, and other community services and facilities.

76 Development in a residential zone should not impair the character or amenity of the locality as a place inwhich to live.

77 Residential buildings should be located and designed so as not to unreasonably impair privacy andaccess to incident solar radiation:(a) for adjacent properties; and(b) for each dwelling and private open space.

78 Landscaping of development in residential zones or areas should:(a) enhance residential amenity;(b) screen storage, service and parking areas;(c) provide protection from sun and wind; and(d) not unreasonably affect adjacent land by shadow.

79 Dwellings should be supplied with adequate energy, water, waste disposal and drainage facilities toserve the needs of the prospective users.

80 Residential development should:(a) not have a significant adverse effect on safety and amenity due to generation of through traffic;(b) provide for safe and efficient distribution of traffic;

(c) provide for safe and convenient movement for pedestrians and cyclists, including aged, young anddisabled persons;(d) provide for easy access for emergency and essential service vehicles; and(e) be designed to minimize the adverse effects of adjacent traffic movement.

81 Residential development should take account of the climatic and topographic conditions of the site.

82 Residential development should minimize the potential for personal and property damage arising fromnatural hazards including landslip, bushfires, and flooding.

87 Residential buildings should be primarily of single storey design, and split level design on sloping sitesand, in particular:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located to not be visible against the skyline when viewed from roads within the zone;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) have the roof line below the lowest point of the abutting road when the allotment is on the low side ofthe road;(f) be sited on an excavated rather than a filled site in order to reduce the vertical profile of the building;and(g) material colours and finishes to be used in the construction of a dwelling or structure, shouldcomplement those of surrounding developments.

88 The floor space, and bulk of a residential building and the space around the building should be appropriateto the locality in which the building is to be erected.

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

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

228 Development should take place in a manner which will minimize alteration to the existing land form.

229 Excavation and earthworks should take place in a manner that is not extensively visible fromsurrounding localities.

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

232 Buildings should be sited unobtrusively and be of a character and design which will blend naturally withthe landscape.

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.

234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape and minimize anyvisual intrusion.

238 Buildings should be sited in visually unobtrusive locations when viewed from the Norton Summit Roadand Old Norton Summit Road to ensure such development does not detract from the desired naturalcharacter and appearance available from these roads.

239 Existing substantial landscaping should be retained as an integral part of the design and development ofnew buildings.

243 Subject to proper regard to bushfire hazards, trees and other vegetation should be retained orincluded with development.

244 Development should be compatible with the character of existing buildings in the locality, and exhibit ahigh standard of design and external appearance, which takes into account the scale, mass and siting ofbuildings, the materials to be used (including their texture and colour), and elements of building detail.

247 Driveways and access roads to development should be designed to blend sympathetically with thelandscape and with minimal interference with natural vegetation and landform.

248 The erection, alteration or conversion of any building should be undertaken only if it complements orenhances the scale, character and design of development in the locality and the siting of buildings onadjoining allotments.

295 Development within the Mount Lofty Ranges should be compatible with its use as a water catchmentand storage area, and with its values as an area of primary production and scenic quality.

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

297 Activities which produce strong organic, chemical, or other intractable wastes, should not beestablished (other than wineries, where the risk to water supply is negligible with appropriate management,design and siting).

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

299 Buildings and structures should be located away from areas that pose an unacceptable bushfire riskas a result of one or more of the following:(a) vegetation cover comprising trees and/or shrubs;(b) poor access;(c) rugged terrain;(d) inability to provide an adequate building protection zone; or(e) inability to provide an adequate supply of water for fire-fighting purposes.

300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes, narrowridge crests and the tops of narrow gullies, and slopes with a northerly or westerly aspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres from existinghazardous vegetation; and(c) have a dedicated and accessible water supply available at all times for fire fighting.

302 Buildings and structures should be designed and configured to reduce the impact of bushfire throughusing simple designs that reduce the potential for trapping burning debris against the building or structure,or between the ground and building floor level in the case of transportable buildings.

306 Development in a Bushfire Protection Area should be in accordance with those provisions of theMinister’s Code: Undertaking development in Bushfire Protection Areas that are designated as mandatory forDevelopment Plan Consent purposes.

357 Development should not take place if it results in the unsustainable use of surface and/orgroundwater.

358 Development should not have any adverse effect on:(a) the quantity and quality of groundwater;(b) salinity levels of groundwater;(c) the depth and directional flow of groundwater;(d) the quality and function of natural springs;(e) soil, through water logging or the release of toxic elements(f) within the ecosystem; and(g) dry-land salinity levels.

365 Native vegetation should not be removed where it is likely to:(a) cause or exacerbate erosion or sedimentation;(b) contribute to the deterioration in the quality of water in a watercourse or surface water run-off;(c) contribute to an increase the incidence or intensity of flooding;(d) displace native fauna dependent on the habitat it provides;(e) affect threatened species and ecological communities;(f) create, or contribute to, a local or regional soil salinity problem.

366 Stormwater management systems should be designed and located to:(a) improve the quality of receiving waters;(b) protect existing native vegetation;(c) prevent erosion;(d) protect receiving waters from high levels of flow; and(e) avoid adverse impacts on built structures.

367 Stormwater systems should be designed with structures to minimise the entry of pollutants such assediment, pesticides and herbicides, bacteria, animal wastes and oil and grease into receiving waters.

368 Development should prevent the discharge or deposit of waste (including wastewater) into any watersor onto land in a place from which it is reasonably likely to enter any waters (including by processes suchas seepage or infiltration or carriage by wind, rain, sea spray, or stormwater or by the rising of the watertable).

369 The rate and duration of stormwater discharged into a watercourse should be managed by:(a) retention for reuse ; and/or(b) use of detention mechanisms and/or detention in a detention basin.

370 Detention basins should be designed and constructed to allow sediments to settle, prior to dischargeso as to treat stormwater prior to discharge into watercourses.

371 Development design and construction should:(a) incorporate water sensitive design measures to manage, protect and conserve water through featuresto retain, detain and, re-use water on-site;(b) maximise the potential for stormwater harvesting; and(c) incorporate detention measures to minimise any concentrated stormwater discharge from the site.

372 Development should incorporate stormwater management techniques to contain the quantity, velocity,variability and quality of run-off to as near pre-development levels as practical, by means of but not limited to:(a) directing roof stormwater overflow from rainwater tanks to soakage trenches or to retention/overflowwells or sumps where large roof catchments are involved;(b) utilising grassed swales or natural drainage lines to accommodate the major flows from the landdevelopment; and(c) incorporating stormwater systems designed to prevent entry of pollutants such as sediment, pesticidesand herbicides, bacteria, animal wastes and oil, grease and waste water from vehicle cleaning processes, airconditioners and fire protection services pipework testing into receiving water.

374 Stormwater systems should be located and designed to minimise the impact of stormwater dischargeson streams by mitigating peak flows and providing erosion protection at entry points.

377 Development should prevent erosion and stormwater pollution before, during and after constructionand associated works by:(a) minimising the extent of land clearance;(b) appropriate control of surface water entering or leaving the land;(c) installing and maintaining erosion control works and measures;(d) installing and maintaining sediment collection devices to prevent the export of sediment from the land;and(e) rehabilitating disturbed areas on completion of construction.

378 A Soil Erosion and Drainage Management Plan should be prepared where:

(a) there is a high risk of sediment pollution to adjoining lands or receiving waters; or(b) the total area to be disturbed, or left disturbed, at any one time exceeds 0.5 ha.



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

Agent: Masterplan SA 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 years

Subject 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:Representors heard at previous CDAPmeeting 4 August 2015

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 application was submitted to the Council Development Assessment Panel (CDAP) atits meeting of 4 August 2015, and the CDAP resolved to DEFER consideration of theapplication to request the applicant to provide the following additional information:

(1) A revised and detailed Landscaping Plan indicating: The location, species and spacing of plantings; Elevation details of the boundary fencing plantings including a mixture of

shrubs and creepers.

(2) Longitudinal cross-sections through both wings of the house and thegarage/studio building showing excavation/fill levels and natural ground levels.

(3) A Soil Erosion Drainage Management Plan for the site including a major drainageplan, erosion control methods to prevent soil moving off the site during periods ofrain and soil stock pile location.

Council Development Assessment Panel Meeting – 6 October 2015Keene14/863/473

(4) Dimensioned line drawings of the floor plans, site plans, cross-sections andelevations with the floor plan and elevations to be 1:100 scale and site plans to be1:200 scale.

Please refer to previous agenda papers. The previous CDAP minutes are contained in

Attachment 2.Following the above resolution, the applicant has responded by providing:

Revised landscaping plan

Cross section plan

Soil, erosion, drainage management plan (SEDMP)

Amended floor plan

Amended elevation plans

2. DESCRIPTION & DISCUSSION OF THE ADDITIONAL INFORMATION

Landscaping plan showing that a Photina Robusta hedge will be planted along threeside boundaries. Photina Robusta can grow to a height of 5m and are frost tolerant.At 10m intervals Blue or Yellow Gums will be planted inside the Photina Robustahedge along the southern side boundary, and clusters of Oak, Golden Elm and Cedartrees are proposed along the front boundary. Clusters of Stringy Bark and White IronBark trees will be planted to the north of the dwelling.

Longitudinal cross section plan depicting natural ground level. These plans show thegreatest extent of earthworks is associated with the two storey pavilion of thedwelling. A maximum cut of 4.4m is depicted.

This is well in excess of the 1.5m depth of excavation encouraged by Council WidePDC 7 but is considered to be acceptable as the extent of earthworks will reduce thevisual impact of the dwelling and there will be no scarring on the land as the buildingwill obscure the excavation.

Soil, Erosion, Drainage, Management Plan (SEDMP) showing that the soil erosioncontrol method will be a hay bale wall located along the rear boundary . The hay balewall will be supported at the rear by the construction of a stone detention basin.

Amended floor plan with the dimensions of the rooms within the dwelling and twostorey domestic outbuilding annotated.

Amended elevation plans with additional levels annotated. These plans show that thetwo storey garage has a height of 4.8m, and the dwelling has an overall height of 9m.

Whilst this is a large overall wall height, this maximum height is for only one section,of the dwelling, and it will appear as a single storey building from the street frontage.

If the Photina Robusta hedge does grow to a height of 5m this will obscure the lowerlevel of the mid-section of the two storey pavilion when viewed from the south. Theupper level windows of the two storey pavilion facing south are wet areas which arelikely to be obscure glazed for privacy, so there should be little impact on privacy forthe adjoining allotment to the south.

The height of the trees to be planted along the front boundary will also be sufficient toscreen the 6m high masonry columns surrounding the entrance to the dwelling.



3. SUMMARY & CONCLUSIONThe applicant has provided additional information to assist the CDAP make adetermination on this application.

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 thandoublethe 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 will appear as asingle storey 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 andshould not adversely affect the character of the locality.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and consider the proposal is not seriously at variance with the Development Plan.Staff therefore recommend that Development Plan Consent be GRANTED, subject toconditions.

4. 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 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 to be undertaken over 4 years at 9 Towers RoadBridgewater 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:- Amended drawing CD01_revision b by Eco Urbas

Design Studio, dated 15 May 2015- Amended drawings CD02-CD04_revision c by Eco Urbas

Design Studio, dated 18 August 2015- Amended drawings CD05-CD08_revision c by Eco Urbas

Design Studio, dated 12 September 2015- Amended drawings CD09-CD10 &CD12 & CD16_revision a by Eco

Urbas Design Studio, dated 22 March 2015- Drawings CD13-CD15 by Eco Urbas Design Studio, dated 21 May

2015


- Amended drawing CD17 by Eco Urbas Design Studio, dated 26 June2015

- Drawings CD18-CD20 & CD25 by Eco Urbas Design Studio, dated 18August 2015

- Amended drawings CD21-CD24 by by Eco Urbas Design Studio,dated 12 September 2015

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


(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.


(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.

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.

(5) Retention Of Screening TreesThe screen of existing trees as shown on the amended landscaping plan(CD20) by Eco Urbas dated 18 August 2015 shall be retained andmaintained in good health and condition at all times with any dead ordiseased plants being replace as necessary in the next planting season.

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

(6) 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.

(7) 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.

(8) New Vehicle Access PointsNew 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.

(9) 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.

(10) 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.

(11) 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.

(12) Soil Erosion ControlPrior to construction of the approved development the works detailed in theSEDMP shall be undertaken to the satisfaction of Council.

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

(13) Sealing Of Vehicle AccessThe 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) 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.

(3) 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.

(4) Swimming Pool Pumps & FiltersPumps 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.

(5) 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.

(6) 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.

(7) 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.


9. ATTACHMENTS1. Locality Plan2. Minutes from August 4 2015 CDAP Meeting3. Additional Plans & Details


___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

MINUTES FROM CDAP MEETING HELDON 4 AUGUST 2015

ATTACHMENT 3

ADDITIONAL PLANS & DETAILS



Applicant: Planning Aspects Pty Ltd Landowner: 65 Mount Barker Road PtyLtd

Agent: Shanti Ditter Ward: Mount LoftyDevelopment Application: 14/1045/473 Originating Officer: Vanessa Nixon

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

Subject Land: Lot:85 Sec: P46FP:158331 CT:5381/531Subject Land: Lot:95 Sec: P46FP:158341 CT:5381/527Subject Land: Lot:84 Sec: P46FP:158330 CT:5381/526

General Location: 65 Mount Barker RoadStirling

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9January 2014Maps AdHi/28 & 72

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


Site Area: 2000m²


Representations Received: 4

Representations to be Heard: 3 heardpreviously

Applicant: Planning Aspects Pty Ltd Landowner: 65 Mount Barker Road Pty Ltd

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

The application was submitted to the Council Development Assessment Panel (CDAP) atits meeting of 1 September 2015, and the CDAP resolved to DEFER consideration of theapplication to request the applicant to consider:

1) The overall roof line and bulk of the retail store with a view to reducing the overallimpact of the development, consistent with the desired character for “small scaleground level main street type development”.

2) The removal of the outdoor café and deck and limiting the footprint of the building atthat point, with a view to reducing the impact on the adjoining property.

3) Reconsideration of the proposal to better address the following provision of theDevelopment Plan: PDC 11 where non-residential centre uses abut residential uses:(b) landscaping should be provided to assist in creating a visual separation and

assist in screening centre buildings of evident greater bulk and scale fromneighbouring properties.

Council Development Assessment Panel Meeting – 6 October 2015Planning Aspects14/1045/473

Please refer to previous agenda papers. The previous CDAP minutes are contained inAttachment 2.Following the above resolution, the applicant has provided a response including increasingthe setback of the building from the rear boundary, amending the size of the outdoor areaand changing the associated glass wall to a solid wall on the rear elevation as well asproviding additional landscaping in this area.

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

2. DESCRIPTION & DISCUSSION OF THE ADDITIONAL INFORMATIONThe plans have been amended as follows:

The back of house area is now setback 1 metre from the rear boundary

This area will be landscaped with species selected from the Development Plan list forStirling

Decrease in the floor area of the shop by 25sqm

The length of the wall on the rear elevation has been reduced by 3m, creating acorner cut-off to the outdoor café/coffee deck, which results in a reduction of this areaof 18sqm

The acoustic glass wall on the rear elevation has been replaced by a solid acousticwall with the glass wall retained on Merrion Terrace frontage

Outdoor café/coffee deck will contain directional bunker lighting which will not causelight overspill to adjoining property

The applicant’s traffic consultant, Mr Frank Siow has again confirmed that access andmanoeuvrability is acceptable

The amended plans and details are included in Attachment 3.The setback from the rear boundary is considered an improvement on the previousproposal and together with the proposed landscaping in this area will help reduce theimpact of the proposal on the adjoining owners to the rear.

The reduction in the length of the wall along the rear elevation (3m cutoff) also reducesthe impact of the proposal when viewed from the adjoining land. This also results in areduction in the floor space of the outdoor area, thereby reducing the use of this area anda decrease in any impacts to adjoining owners.

The change from acoustic glass to an acoustic solid screen along the rear elevation ofthe outdoor area is also considered to negate any previously perceived loss of privacy.Confirmation of the proposed lighting to the outdoor area also provides assurance thatlight spill will not occur from this area.

3. FURTHER DISCUSSIONThe Certificates of Title (refer Attachment 4) for the subject land show the right of wayto the adjoining land on Mount Barker Road extends for a length of 32m. The applicanthas confirmed that no fencing will be installed along this boundary, which will provide


some additional room for manoeuvring.

Council’s engineering staff has again reviewed the proposal and confirmed the truckpaths have been reviewed by DPTI and are considered sufficient. Movements from thepumps, carwash, vacuum bay and shop front carparks meet the relevant standards.Turn paths have been provided which also indicate the movements to Merrion Terracearea also acceptable. In relation to practical use it is recognised that drivers of largervehicles accessing pumps 5 and 7 who do not park central to the pumps may notachieve the turns in a single movement. The suggestion to move pumps 5 to 8 back afew metres has been raised with the applicant however there are other flow on impactsfrom such a change that does not make this possible in their design.

Refer to Attachment 5 for the response from Council’s engineering staff and theirassessment of turn paths.

Traffic counts are currently being undertaken by the Council on the four roadssurrounding the site. This data will be made available to the Panel members at themeeting.

In relation to the question of natural ground level, PDC 4 in the Policy Area statesno building should exceed four metres in height above natural ground level atstreet level or where it abuts a residentially zoned site (my emphasis)

Page 154 of the Development Plan contains a note which states“In this zone natural ground level is “…existing ground level before thedevelopment is undertaken (disregarding any preparatory or related work thathas been [or is to be] undertaken for the purposes of the development).”

Legal advice received by Council staff confirms that as the adjacent land to the rear isalso in the District Centre Zone rather than a residential zone, the levels of the landimmediately adjacent to the land to the rear are not relevant to PDC 4. Therefore, PDC4 requires the building height to be measured from natural ground level taken at thecurrent ground level of the subject land at the street levels of Mt Barker Road andMerrion Terrace (given the land does not abut a residentially zoned site).

Notwithstanding that natural ground level is to be taken at street level for the purposeof PDC 4, when the proposed development is being assessed, the CDAP should haveregard to the fact that the subject land is higher than the adjacent land to the rear(which is of a similar height to the land as it was 20 years ago).This will have an impactupon the visual appearance of the proposed building from that site.

4. SUMMARY & CONCLUSIONThe proposal for the redevelopment of the site is considered suitable in terms of amenity,land use, noise, traffic and access. The proposed amendments will result in reducing anypotential impacts on the adjoining owners. Additional landscaping has now beenproposed along the rear boundary. Overall the development is considered a suitableresponse to the constraints of the land and the locality.The carwash and vacuum bays have the potential to cause noise nuisance before 7amand after 10pm. A condition restricting their use in these times is considered appropriate.The building has been setback further from the rear boundary and is consideredacceptable given the constraints of the site. This further setback also assists in


minimising impacts to the rear neighbour. Traffic and carparking movements areconsidered adequate with the installation of the solid central median on Mount BarkerRoad.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 Hills CouncilDevelopment Plan, and GRANTS Development Plan Consent to DevelopmentApplication 14/1045/473 by Planning Aspects Pty Ltd for Redevelopment ofexisting petrol filling station including carwash, cafe, carparking, retaining walls,fencing and signage at 65 Mount Barker Road, Stirling subject to the followingconditions:

(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:- plans received by the Council on 24 September 2015- Planning Aspects correspondence received by the Council on 24- September 2015- Planning Aspects report received by the Council on 11 March 2015- Resonate Acoustic report received by the Council on 11 March 2015- PT Design stormwater management plan received by the Council on

13 March 2015- Frank Siow traffic report received by the Council on 19 December

2014- Planning Aspects response to representations received by the

Council on 15 April 2015- LBW environmental projects Construction Environment

Management Plan (CEMP) Revision 1 dated 9 July 2015 and receivedby the Council on 12 July 2015

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

(2) External MaterialsThe external finishes to the building herein approved shall be as follows:

Main building walls: pre-cast concrete wall panelling systemwith am/pm corporate colours withcolorbond ® surfmist roofing

The wall on the rear boundary between the subject land and 6Merrion Terrace shall be painted a colourto match the natural surrounds


Canopy: BP corporate colours

Carwash: cladding to match main building

REASON: The external materials of buildings shall be in accordance with theapproved plans.

(3) External 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. The outdoor area shall havedirectional “bunker” lighting.

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

LANDSCAPING

(4) Prior to Building Rules Consent Being Granted - Requirement ForLandscaping Plan In Accordance With Table AdHi/6Prior to Building Rules Consent being granted a detailed landscaping planfor the land, including the area between the rear boundary and the building,as well as the Merrion Terrace road verge directly adjoining the site,prepared by a suitably qualified and experienced Landscape Designer shallbe provided to Council’s satisfaction. The landscaping detailed in the planshall be selected from Table AdHi/6 of the Adelaide Hills CouncilDevelopment Plan.

REASON: To maintain and enhance the visual amenity of the locality in whichthe subject land is situated and ensure replanting of selectedspecies takes place.

(5) Landscaping planted prior to occupationLandscaping detailed in the plan shall be shall be planted prior tooccupation of the approved development 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.

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

(6) Road verge landscapingLandscaping on the Merrion Terrace road verge shall be installed asfollows:

o garden areas shall be prepared by ripping existing soil to at least 200mmdeep, and installing minimum 200mm of approved site topsoil (or premiumimported topsoil), permanent drip irrigation and durable mulch.

o gardens shall be maintained neat and tidy by the applicant with replantingand re-mulching as necessary. Irrigation shall extend under the cantilever


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

REASON: To maintain and enhance the visual amenity of the locality in whichthe subject land is situated and ensure the survival and maintenanceof the vegetation including the existing tree.

(7) Watering system installationPermanent drip irrigation shall be installed in the landscaping areas prior tooccupation of the approved development.

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

(8) Installation of footpath on Merrion TerraceThe two sections of footpath adjacent the subject land as shown on the siteplan shall be installed prior to occupation. The footpath shall be designedand installed in accordance with Council requirements.

REASON: To provide safe and convenient access to pedestrians.

HOURS(9) Operating Hours of the petrol station and cafe

Operating hours of the hereby approved petrol station and café shall be asfollows:Monday to Sunday 6am to midnight

REASON: To ensure that the development is undertaken in accordance withthe approved plans

(10) Operating Hours of the carwash and vacuum baysOperating hours of the hereby approved carwash and vacuum bays shall beas follows:Monday to Sunday 7am to 10pm

REASON: To ensure that the development is undertaken in accordance withthe approved plans


(11) Fuel DeliveriesDeliveries of fuel to the subject site shall be carried out outside of peaktraffic and trading periods and shall not occur before 9 am or after 7 pm onSundays and public holidays and not before 7am or after 7pm on otherdays.


(12) Hours of waste collectionAll waste shall be removed from the subject land at least once weekly.Collection of waste shall be carried out only between the hours of 7am to7pm Monday to Saturday and 9am to 7pm on Sundays and public holidays.


(13) Automatic doors on carwashThe automatically closing front and rear doors of the carwash as detailed inthe Resonate report shall be installed prior to occupation.


SIGNAGE(14) Signage Lighting Hours

The lighting for the signs shall be switched off at midnight each day andshall not be switched on before 6am of the following day.

REASON: Advertisements shall not detrimentally affect the amenity of thelocality.

(15) Signage Kept In Good RepairThe signs shall at all times be kept in good repair and condition.


(16) Overhanging of signageNo portion of the signs shall overhang the Council footpath/road reserve.

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

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

Standard AS 2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructed of


bitumen, concrete or brick paved prior to occupation and maintained ingood condition at all times to the reasonable satisfaction of the Council.

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

(18) Landscaping Protection In CarparksAll landscaped areas and structures adjacent to driveways and parkingareas shall be separated by kerbing prior to the occupation of thedevelopment. Such devices shall not impede the free movement of peoplewith disabilities.

REASON: To protect the landscaping and adjacent structures from vehiculardamage.

(19) 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 conditionat all times.

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

(20) Unloading And Storage Of Materials And GoodsAll materials and goods shall at all times be loaded and unloaded within theconfines of the subject land. Materials and goods shall not be stored onthe land in areas delineated for use for car parking.

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

(21) Stormwater ManagementStormwater management shall be in accordance with the PT Design reportsubmitted to the Council on 13 March 2015. Stormwater discharge toMerrion Terrace: After passing through appropriate treatment as detailedon pages 23/24 of the PT Design report, the 150mm stormwater pipeworkshall discharge at the new kerbing on Merrion Terrace via a small side entrypit or similar as approved by the Council.

REASON: To protect PVC pipe ends from damage from vehicles and to allowwater to dissipate energy before entering normal gutter flow water

(22) CEMPConstruction shall be in accordance with the CEMP submitted to theCouncil on 12 July 2015. The pollutant and oil trap shall be installed prior tooccupation of the site.

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


WASTE(23) Removal Of Solid Waste

All 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 public view from Mount Barker Road and Merrion Terrace. Suchcontainers shall be covered at all times to prevent the entry of stormwateror wind dispersal, be sealed to prevent leakage and shall not be used forthe storage of toxic materials, chemicals, solvents, any liquids or sludgesand shall be located on hard stand areas.


DPTI CONDITIONS(24) Solid Median installation

A solid central median shall be installed on Mount Barker Road, extendingfrom the existing island east for a distance of at least 15m, in order torestrict access to a left turn in and left turn out basis.

The installation of the solid central median on Mount Barker Road shall bedesigned and constructed to the satisfaction of DPTI prior to the newservice station becoming operational, with all costs associated with theroad works (including but not limited to, project management and anynecessary road lighting/drainage upgrades) being borne by the applicant.The applicant shall enter into an agreement with DPTI regarding theseworks and is required to contact DPTI, Traffic Operations, A/Project LiaisonEngineer, Ms Christina Canatselis via 8226 8262, 0401 120 490 [email protected] prior to undertaking any design.

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

(25) Entry and ExitAll vehicles shall enter and exit the site in a forward direction


(26) Restriction on length of delivery vehiclesDelivery vehicles to the development site shall be restricted to a maximumlength of 17 metres.

REASON: To maintain safe and convenient movement of vehicles

(27) All servicing of the site by heavy vehicles shall be undertaken outside ofthe peak trading periods and peak traffic periods in order to minimise thepotential for vehicular conflict.



(28) Illumination of signageAll signs visible from Mount Barker Road shall not contain any element ofLED or LCD display. All illuminated signage visible from Mount Barker Roadshall be limited to a low level of illumination.


(29) Static signageAll signage upon the site visible from Mount Barker Road shall be static atall times. No element of the signage shall flash, scroll, move or change.


(30) Electronic signageThe operational system for any electronic signage on the site shallincorporate an automatic error detection system which will turn the displayoff or to a blank, black screen should the screen or system malfunction.


(31) Low reflectivity signageNon-illuminated signage shall be finished in a material of low reflectivity tominimise the likelihood of sun/headlamp glare.


(32) Trailer Mounted Variable Message DisplaysThe utilisation of Trailer Mounted Variable Message Displays for advertisingpurposes shall not be permitted on or adjacent to the subject land.


(33) Stormwater dischargeNo stormwater from this development shall be permitted to discharge on-surface to the adjacent roads. In addition, any existing drainage of theroads is to be accommodated in the development and any alterations toroad drainage infrastructure as a result of this development are to be at theexpense of the applicant.

REASON: To ensure safe access and egress to the site and to maintain thefree flow of traffic.


EPA CONDITIONS(34) Site contamination

The development shall be undertaken in accordance with the ConstructionEnvironmental Management Plan which includes the removal and disposalof Underground Storage Tanks (USTs) in accordance with the relevantstandards and guidelines.

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

(35) Site contamination consultantA suitably qualified and experienced site contamination consultant shall beengaged by the applicant to implement the CEMP and to manage anddispose of contaminated soil in accordance with EPA and other relevantguidelines.

Prior to backfilling or replacement of the USS, the consultant shall validatethe UST excavation pits in accordance with the National EnvironmentProtection (Assessment of Site Contamination) Measure 1999 and otherEPA guidelines.


(36) Residual contamination risk statementWithin two months of completion of the works, a definitive statement shallbe provided to the Council stating that the site is suitable for use and that aresidual contamination does not pose unacceptable risks to human healthor the environment taking into account the land use, or harm to water thatis not trivial. The definitive statement shall be in the form of anenvironmental assessment report prepared by environmental consultantsin accordance with the National Environment Protection (Assessment ofSite Contamination) Measure (NEMP) and relevant EPA guidelines and shallinclude documentation of remediation works and validation results of theUST excavation.


(37) Fuel storage tanksAll fuel storage tanks (apart from diesel and LPG) shall be fitted with astage 1 vapour recovery system (which includes the underground storagetank vent pipes being fitted with a pressure vacuum relief valve) that directsthe displaced vapours back into the tanker during filling.



(38) Underground fuel tanksThe underground fuel tanks shall be double-walled fibreglass tanks and thespace between the walls filled with a gel that is monitored for any changesin colour. Any changes in colour shall be promptly investigated.


(39) Pressure leak detectionAll fuel lines between the tanks and dispensers shall be fitted with pressureleak detection sensors. In the event of product loss, the lines shall losepressure and immediately signal an alarm.


(40) Hard surface above in-ground tanksFollowing the installation of the in-ground fuel tanks, all trafficked areasshall be hard surfaced using either bitumen, concrete or other imperviousmaterial with crossover grates


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


(42) Removal of residueAny sludge and oily residue collected within the SPEL Puraceptor Class 1Full Retention Separator is considered waste and shall be removed by anEPA licensed waste transporter to a licensed waste depot authorised toreceive such waste.

REASON: To ensure compliance with EPA requirements.


NOTES(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal has 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) EPA Environmental DutyThe applicant is reminded of its general environmental duty, as required bySection 25 of the Environment Protection Act 1993, to take all reasonableand practical measures to ensure that the activities on the whole site,including during construction, do not pollute the environment in a waywhich may cause environmental harm.

(3) Works On BoundaryThe development herein approved involves work on the boundary. Theonus of ensuring development is in the approved position on the correctallotment is the responsibility of the land owner/applicant. This maynecessitate a survey being carried out by a licensed land surveyor prior tothe work commencing.

(4) Site contaminationIf, in carry out the activity, contamination is identified which poses actualor potential harm to the health or safety of human beings or theenvironment that is not trivial (taking the land use into account) theapplicant may need to remediate the contamination in accordance with EPAguidelines.

(5) Site contamination to waterIf, at any stage, contamination is identified which poses actual or potentialharm to water that is not trivial, a notification of contamination whichaffects or threatens groundwater (pursuant to Section 83A of theEnvironment Protection Act 1993) must be submitted to the EPA.

(6) On-going monitoring of wellsThe site is currently subject to on-going monitoring. The applicant shouldliaise with VIVA Energy prior to site development to identify where on-sitewells may be damaged by site development works and arrange for theappropriate decommissioning of on-site wells. Any off-site wells should beprotected from damage and are to remain in place.

(7) EPA information sheetsEPA information sheets, guidelines, documents, codes of practice,technical bulletins etc can be accessed on the following website:http://www.epa.sa.gov.au


(8) Compliance with Food Act SA 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.

(9) 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.

(10) DPTI note regarding Road Widening PlanThe site is subject to a possible requirement under the MetropolitanAdelaide Road Widening Plan for a 4.5 m x 4.5 m corner cut-off at the MountBarker Road/Merrion Terrace corner. The consent of the Commissioner ofHighways is required under the Metropolitan Road Widening Plan Act for allnew building works located on or within 6m of the possible requirement.The applicant should fill out the consent form and forward to DPTI togetherwith three copies of the approved plans.

9. ATTACHMENTS1. Locality Plan2. CDAP Minutes 1 September 20153. Amended Plans and Details4. Certificates of Title5. Engineering further response and turn paths


___________________________ _______________________________

Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

CDAP MINUTES 1 SEPTEMBER 2015

ATTACHMENT 3

AMENDED PLANS AND DETAILS

ATTACHMENT 4

CERTIFICATES OF TITLE

ATTACHMENT 5

ENGINEERING FURTHER RESPONSE AND TURN PATHS



Applicant: J Brooks Landowner: R A Iley & A L Lewis-Iley

Agent: Jan Brooks Ward: Mount LoftyDevelopment Application: 15/717/473 Originating Officer: Vanessa Nixon

Application Description: Variation to development authorisation 13/561/473 - rebuildingof existing cottage

Subject Land: Lot:226 Sec: P49FP:21366 CT:5432/678

General Location: 32 Milan Terrace Stirling

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 9January 2014Map AdHi/28

Zone/Policy Area: Country Living Zone


Site Area: 1119sqm


Representations Received: N/A


1. EXECUTIVE SUMMARYThe purpose of this application is to gain consent to rebuild the cottage which has beenpartially demolished. An application for two-storey additions and alterations to the originalcottage was approved by the CDAP in May 2014. The original cottage was to be retainedintact.

The subject land is located within the Country Living Zone and is a merit form ofdevelopment. The application for the variation is a category 1 development.The rebuilding of the cottage with similar materials is considered to be appropriate inorder to retain the original appearance of the cottage whilst updating the materials tomeet current construction and bushfire standards.

As per the CDAP delegations, the CDAP is the relevant authority for variations toapplications determined by the Panel.

The main issues relating to the proposal are the materials to be utilised in the rebuild.

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.


Rebuilding of the cottage with materials and detailing to match the original cottage

Council Development Assessment Panel Meeting – 6 October 2015Brooks15/717/473

In particular

o timber weatherboard cladding with flat face and square lower edge, cornerdetails in hardwood, painted white

o new windows to match the two original windows facing Milan Terrace withdouble glazing using traditional joinery techniques and materials

o galvanised corrugated roof (19 degree pitch), gutter and paint finishes willmatch the original

o verandah with concrete surface and random stone facing. Supporting postswill be set at the same spacing and set into steel stirrups covered with woodentrim

o window awnings rebuilt to replicate those most in keeping with the originalcottage

The proposed plans and details are included in Attachment 2.

3. HISTORY6 May 2014 13/561/473 CDAP approved alterations and additions31 August 2004 04/190/473 Two dwellings – WITHDRAWN

At its meeting on 1 September 2015 the CDAP resolved as follows:

1. That the variation application 15/717 for recladding of the existing cottage bebrought back to CDAP demonstrating that the former building fabric is faithfullyreproduced to the original building details using photographic or drawingevidence; and

2. Existing building elements such as windows which are still on-site, shall beincorporated into the reconstruction.


AHC Local Heritage AdvisorWhilst the cottage is not heritage listed, the Council’s local heritage advisor hasreviewed the site and the proposal. The heritage advisor has no concerns withthe rebuilding as the (potential) heritage values of the place are embedded in thestyle and construction type – as viewed from the streetscape, not the actualoriginal building materials themselves. The authenticity of original building fabricis not considered important in this case.


5. CONSULTATIONThe application was categorised as a Category 1 form of development not requiringformal public notification.



i. The Site’s Physical CharacteristicsThe subject land is 1119m² in area and is located on the corner of MilanTerrace and Mabel Street. The subject land contained a single storey dwelling(the cottage) which is currently being redeveloped and vegetation. The subjectland is currently accessed via Milan Terrace. The land slopes towards therear.

i. The Surrounding AreaThe locality contains dwellings at low to medium densities. The local heritageplace listed as “The Shay” “Marylands” is located to the south at 36 MilanTerrace.

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

The subject land lies within the Country Living Zone and these provisionsseek:- single dwellings at low densities- low density living areas with a rural character.


Objectives: 1 and 2PDCs: 1, 2, 13, 27, 29 and 31

Appearance of Land and BuildingsThe proposal has been designed to maintain the existing floor level of thecottage and recreate the cottage. Whilst the cottage fabric has been removed(other than the masonry chimney), the intention is to rebuild the cottage withwhite weatherboard cladding, galvanised roofing and windows of the samedimensions and locations as the original cottage. Awnings will be rebuilt andthe verandah will be replicated. This should result in a similar appearance tothe original cottage and is therefore considered to be in character with thelocality. The proposal is therefore considered to be in accordance with PDC30.

The rebuilding has been designed to complement the local heritage place onthe opposite side of Mabel Street. The proposal is therefore considered to bein accordance with PDC 27.


The Council Wide provisions of relevance to this proposal seek (in summary):- variety and choice of dwelling types- orderly and economic development


Objectives: 1, 87 and 88


PDCs: 228, 230, 234 and 239.

The rebuilding of the cottage is of a suitable design for the locality. Thematerials and colours are low-light reflective and match the existing dwelling.The proposal is consistent with PDCs 228, 230, 234 and 239.

7. SUMMARY & CONCLUSIONThe rebuilding of the cottage with materials and proportions to replicate the existing isconsidered to be appropriate in order to retain the original appearance of the cottagewhilst updating the materials to meet current construction and bushfire standards.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with theDevelopment Plan. In the view of staff, the proposal has sufficient merit to warrantconsent. Staff therefore recommend that Development Plan Consent be GRANTED,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 HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 15/717/473 by J Brooks for Variation to developmentauthorisation 13/561/473 - rebuilding of existing cottage at 32 Milan TerraceStirling 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:- J Brooks plans received by the Council on 21 August 2015- Atkins and Co correspondence received by the council on 15

September 2015

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

(2) Previous Plans & Details Still ApplyExcept where varied by this authorisation, all other conditions, plans anddetails relating to Development Authorisation 13/561 continue to apply tothis amended authorisation.

REASON: To ensure all valid conditions are complied with.


NOTES(1) Expiry Date Of Variation

This development authorisation to vary the original authorisation is validfor a period not exceeding that of the original authorisation ie 11 November2017. This time period may be further extended by written request to andapproval, by Council prior to the approval lapsing. Application for anextension is subject to payment of the relevant fee and will be required tobe paid for both the original authorisation and the variation authorisation.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. AHC Local Heritage Advisor Response


___________________________ _______________________________

Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

AHC LOCAL HERITAGE ADVISOR RESPONSE

council development assessment panel meeting 6 …...oct 06, 2015 · council development...

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