melanie jane developments c/- loucas zahos architects · described within the prospect (city)...

Development Assessment Commission 14 July 2016

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AGENDA ITEM 3.2.1

Melanie Jane Developments C/- Loucas Zahos Architects Demolition of existing structures and construction of a five-storey residential flat building including landscaping and site works 39 Churchill Road, Prospect 050/M002/16

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-22 ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 23-52 2: MAPS & PHOTOS 53-58 3: APPLICATION & PLANS

a. Application form & CTs b. Plans – Loucas Zahos Architects c. Planning Report – URPS d. Landscaping Plan – LCS Landscapes e. Waste Management Plan – Veolia Environmental

Services f. Traffic & Parking Assessment – Phil Weaver &

Associates g. Traffic Noise Assessment – Sonus h. Engineering Design Intent – TMK Consulting Engineers i. Stormwater Calculations – TMK Consulting Engineers j. Survey Plan – John C Bested & Associates

59 60-67 68-93 94-124 125-126 127-141

142-149

150-164 165-176 177-180 181-182

4: AGENCY COMMENTS a. Government Architect b. DPTI – Safety & Services Division

183 184-186 187-192


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OVERVIEW Application No 050/M002/16 Unique ID/KNET ID 10601932 Applicant Melanie Jane Developments C/- Loucas Zahos Architects Proposal Demolition of existing structures and construction of a five-

storey residential flat building including landscaping and site works.

Subject Land 39 Churchill Road, Prospect Zone/Policy Area Urban Corridor Zone, Boulevard Policy Area Relevant Authority Inner Metropolitan Development Assessment Committee of the

Development Assessment Commission Lodgement Date 13 May 2016 Council City of Prospect Development Plan Prospect (City) Development Plan – consolidated 21 April 2016 Type of Development Merit Public Notification Category 1 Representations N/A Referral Agencies Government Architect, DPTI Safety & Services Division Report Author Elysse Kuhar – Planning Officer RECOMMENDATION Development Plan Consent subject to conditions EXECUTIVE SUMMARY The applicant seeks approval for the demolition of existing structures and construction of a five-storey residential flat building together with ancillary car parking and landscaping within the Boulevard Policy Area of the Urban Corridor Zone. The proposal is a merit, category 1 kind of development that triggers statutory referrals to the Government Architect and the Commissioner of Highways. The proposal has also been referred to the City of Prospect on a non-statutory basis pursuant to an agreement between the Department of Planning, Transport and Infrastructure and the inner metropolitan Councils in respect of assessment of development proposals exceeding four storeys in height in urban corridor zones. The primary planning issues presented by the proposal relate to building height, bulk and scale and setbacks from side boundaries. Secondary issues concern apartment amenity, waste collection and storage. It is noted that while the subject site is within the area covered by the affordable housing overlay in the Development Plan, no affordable housing is proposed. The proposed land use, car parking and provision of private open space are all deemed acceptable. Overall, it is considered that the proposal is sufficiently consistent with relevant Development Plan policy to warrant Development Plan Consent subject to conditions. ASSESSMENT REPORT 1. BACKGROUND

1.1 Strategic Context In 2013 the Ministerial Inner Metropolitan Growth (Stage 1) Development Plan Amendment was gazetted. This introduced the Urban Corridor Zone to the Prospect (City) Development Plan.


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The Urban Corridor Zone was introduced to encourage and enable a new form of urban living that provides increased opportunity for people to enjoy the benefits of an inner city lifestyle. Policies within the zone encourage mixed-use forms of development complemented by well-designed and contemporary housing close to public transport, jobs and vibrant places. 1.2 Pre-Lodgement Process The proponent engaged in the pre-lodgement service, participating in 2 Pre-Lodgement Panel meetings and 2 Design Review sessions, before choosing to lodge a development application. The general land use scheme and site arrangements remained relatively unchanged throughout the pre-lodgement and design review process, with refinements to improve apartment amenity, namely through the introduction of the southern courtyards at the interface of the communal walkways. Other changes included removal of a vertical garden/arbour on the southern boundary to screen the southern walkways, relocation of one stairwell from the southern façade, and changes to setbacks as a result of the Metropolitan Adelaide Road Widening Plan (MARWP) requirements.

2. DESCRIPTION OF PROPOSAL Application details are contained in ATTACHMENT 3. The application is for the demolition of existing structures and construction of a 5-storey residential flat building including landscaping and site works. A summary of the proposal is as follows: Land Use Description

Residential flat building

Building Height 5-storeys (ground plus 4 levels), with an overall building height of 15.2m.

Description of levels Ground level: Vehicle parking spaces, bicycle parking spaces, bin storage area, storage units for each apartment, lobby entrance Level 1 & 2: 6 x 2 bedroom apartments and 1 x 1 bedroom apartment Level 3: 6 x 2 bedroom apartments Level 4: 5 x 2 bedroom apartments and 1 x 1 bedroom apartment.

Apartment floor area (excluding balconies)

Apartments vary in size from approximately 50m2 to 75m2.

Site Access Vehicle access via Cochrane Terrace crossover. Car and Bicycle Parking

26 car parking spaces dedicated to apartments plus 3 visitor parking spaces located at ground level. Bicycle racks for 26 bikes.

Encroachments N/A Staging N/A


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3. SITE AND LOCALITY

3.1 Site Description The subject site consists of one allotment, described as follows:

Lot No Street Suburb Hundred Title Reference

Lot 59 in FP 109224 Churchill Road Prospect Yatala CT 5282/990

The subject site is located on the south-eastern corner of Churchill Road and Cochrane Terrace. It is rectangular in shape with a frontage of approximately 18m to Churchill Road and 55 metres to Cochrane Terrace. The total site area is approximately 977m2. The MARWP applies to this site. The MARWP shows a possible requirement for a strip of land up to 2.13m width from the Churchill Road frontage, together with a 4.5m x 4.5m cut-off at the southern corner of Churchill Road and Cochrane Terrace. The site currently contains a single storey detached dwelling and a number of outbuildings. The land falls from east to west in the order of 3.5m from rear to front, with a slight cross-fall of around 0.5m across the site from north to south. There are no regulated or significant trees on the site. 3.2 Locality The locality is characterised by predominantly residential development, particularly on the eastern side of Churchill Road. Development is typically of a low density single or two storey form, with some commercial development interspersed along Churchill Road. The wider locality is currently in a state of change with newer multi-level residential and mixed-use buildings interspersed between single storey residential and commercial uses. There are 3 Local Heritage Places further east along Cochrane Terrace, however, no heritage places adjacent the subject site and no State Heritage Places nearby. The surrounding locality is one of emerging character responsive to the policy changes and intention of the Urban Corridor Zone.


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Figure 1 – Location Map

4. STATUTORY REFERRAL BODY COMMENTS Referral responses are contained in ATTACHMENT 4.

4.1 Government Architect The Government Architect is a mandatory referral in accordance with Schedule 8 of the Development Regulations 2008. The Commission must have regard to this advice. While the Associate Government Architect (AGA), on behalf of the Government Architect, has expressed support for a number of aspects of the proposal, there are still areas where he remains unconvinced. The AGA has identified the following aspects of the project as potential areas for improvement: • further refinement of the architectural expression, with the intent to lessen the

visual impact of the scale of the development on adjoining neighbours • further refinement of southern courtyard and communal passageway details • further information regarding the storage lockers room. More detailed comments from the AGA are discussed in section 8 below.


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4.2 Safety and Services Division, DPTI The Commissioner of Highways is a mandatory referral in accordance with Schedule 8 of the Development Regulations 2008. The Commissioner of Highways has direction on approvals within 6 metres of land identified as being potentially required for road widening purposes. DPTI Safety and Services Division, on behalf of the Commissioner for Highways, has no objections to the proposed development. DPTI Safety and Services Division has directed the attachment of 11 conditions to any approval granted the proposal.

5. COUNCIL COMMENTS or TECHNICAL ADVICE

5.1 City of Prospect The application was informally referred to the City of Prospect. Council advises of the following matters: • Council’s Assets and Infrastructure officer has confirmed that there is no in-

principle opposition but that it anticipates that changes to an existing traffic calming device will be required to facilitate the proposed access arrangement to the site, and changes to parking restrictions and a landscaping device may be required to facilitate on-site waste collection.

• SA Power Networks may require the installation of removable bollards adjacent to the proposed transformer on Cochrane Terrace

• it is not opposed to the provision of car parking on site, noting however, that there is poor access to on street parking for this site

• it notes that other approved buildings along Churchill Road have typically featured lower solid to void ratio, as well as higher levels of visual interest; breaking down larger section of wall through modulation of form and material usage

• it supports the methodology applied to calculate anticipated waste demand and is satisfied that the storage capacity provided on-site will be sufficient for occupants needs

• little detail is provided as to how and where waste collection will occur. The slope of Cochrane Terrace as well as its kerb to kerb width limit appropriate methods of on-street collection. The applicant should consider the waste collection methodology in detail and ensure that any alterations to Council infrastructure to facilitate collection are assessed by council’s Assets and Infrastructure department

• it notes that the building setback to Churchill Road would not achieve the desired minimum distances as a result of road widening, however, it appears to be broadly consistent with comparable developments within the policy area

• it notes that the building setback to Cochrane Terrace would not achieve the desired minimum setback. While the departure involves balconies of relatively low mass, it is noted that Cochrane Terrace is a narrow street, featuring similarly narrow verges and with limited street tree plantings

• the western stairwell will not achieve the desired minimum setback distance above the first floor level. Council have previously approved applications with stairwells on the boundary along Churchill Road

• it generally supports discharge rates and on-site detention expressed in the stormwater design statement, and the intention to capture roof stormwater for reuse within the toilets of 3 apartments. Council recommends that IMDAC attach a condition ensuring that this intent forms part of the application to any approval

• it recommends that IMDAC ensures that all privacy screening is detailed wither within the proposal plans or within an imposed condition


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6. PUBLIC NOTIFICATION The application is a Category 1 development pursuant to PDC 24 of the Urban Corridor Zone in the Prospect (City) Development Plan. No public notification was required. 7. POLICY OVERVIEW The subject site is within the Urban Corridor Zone and the Boulevard Policy Area as described within the Prospect (City) Development Plan consolidated 21 April 2016. Figure 3 – Zoning Map

Relevant planning policies are contained in Appendix One and summarised below.

7.1 Zone The zone will enable the development of a high quality mixed use urban environment that contributes to the economic vitality of the City by increasing the density of housing as well as the number and diversity of businesses and other services. Buildings of two or more storeys will be the predominant built form. Development will create a linear corridor that frames the street and creates an interesting pedestrian environment and human-scale at ground level. The zone will be developed with a diversity of housing, including row dwellings, residential flat buildings and multistorey buildings that incorporate affordable housing opportunities for families, students and other household types.


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There will be a transformation in built form, new buildings will be recognised for their design excellence. Development will achieve a high standard of architectural design through careful building articulation and fenestration to all visible sides. The design of building facades should contribute positively to the street and public open spaces by articulating the built form and accentuating the building’s functions. Overlooking, overshadowing and noise impacts will be moderated through good design and noise attenuation techniques. Impacts on adjoining zones will be minimised through appropriate building envelopes, transition of building heights, design and location of windows and balconies. 7.2 Policy Area The policy area seeks a variety of housing types at medium to high densities, along with small scale businesses and local shops. To reinforce the boulevard character desired for the road and to provide space for landscaping, buildings will be set back uniformly from the Churchill Road frontage. Building facades will be articulated with elements such as balconies and verandas, while a diversity of building materials will be carefully used to create a high quality building appearance. Shelter will be provided at a human scale to building entrances. Buildings on corner sites will address both street frontages. 7.3 Council Wide Council wide provisions of relevance to the proposal seek medium and high rise development that accommodates a mix of uses with a human scale at ground level and internal designs that facilitate adaptive reuse and quality residential amenity. Buildings should be designed so that their main façade faces the primary street frontage and should emphasise pedestrian entry points to provide perceptible and direct access from public street frontages to vehicle parking areas. Development should be designed to activate street frontages should be designed to activate street frontages including features that attract people; minimising the frontage for fire escapes, service doors, plant and equipment hatches; avoiding under-croft parking that is visible from the street and; using colour, vertical and horizontal elements, roof overhangs and other design techniques that create visual interest and reduce massing. 7.4 Overlays

7.4.1 Affordable Housing The proposal is subject to the affordable housing overlay. This provides that development comprising 20 or more dwellings should include a minimum of 15 percent affordable housing. 7.4.2 Noise and Air Emissions This site is located within the designated area for the Noise and Air Emissions Overlay, and as such development requires assessment against Minister’s Specification SA 78B for Construction Requirements for the Control of External Sound.


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Policy seeks that noise and air quality sensitive development located adjacent to high noise and/or air pollution sources should shield sensitive uses appropriately.

8. PLANNING ASSESSMENT The application has been assessed against the relevant provisions of the Prospect (City) Development Plan, which are contained in Appendix One.

8.1 Quantitative Provisions Development

Plan Guideline Proposed Guideline

Achieved Comment

Building Height

4 storeys or 15m 5 storeys and 15.2m YES NO PARTIAL

Refer to assessment

Front Setback

3m 4.2m YES NO PARTIAL

Requirement not met if Metropolitan Adelaide Road Widening Plan comes into effect, refer to assessment

Rear Setback

3m 0m at ground level to level 2, 2.9m+ above level 2

YES NO PARTIAL

Refer to assessment

Side Setback 0m up to 2 storeys then 2m.

Ground level setbacks meet requirements, upper level setbacks are less than 2m.

NO YES PARTIAL

Refer to assessment

Private Open Space

Studio: No Minimum requirement 1 Bed: 8 square metres 2 Bed: 11 square metres 3 Bed: 15 square metres Minimum balcony dimension: 2 metres

Apartments each have a balcony and courtyard all above minimum requirements

YES NO PARTIAL

Refer to assessment

Car Parking 1 per dwelling plus 1 visitor car park per 4 dwellings (total of 26 car parks per dwelling plus 7 visitor parking spaces)

1 per dwelling and 3 visitor car parks (Total 29)

YES NO PARTIAL

Some provisions for lesser rates, see assessment below.

Bicycle Parking

1 for every 4 dwellings plus visitor bicycle parking of 1 for every 10 dwellings (Total of 9 bicycle parking spaces)

26 YES NO PARTIAL

Provision of well over the required number of bicycle parking space, see assessment below.

8.2 Land Use and Character


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The Urban Corridor Zone seeks integrated, mixed use, medium and high rise building accommodating a range of compatible non-residential and medium to high residential uses. Wholly residential buildings are envisaged, particularly outside of the Mixed Use Churchill Area of the Boulevard Policy Area.

Outside of the Mixed Use Churchill Area and land situated adjacent to Cane Reserve, the remainder of the Boulevard Zone is expected to have a residential focus. The proposed land use is in accordance with the Zone and Policy Area provisions. The subject site is subject to the affordable housing overlay, however, the proposal does not include any affordable housing options. While the proposal does not meet the affordable housing target sought by the Development Plan, it is considered that it meets relevant land use provisions within the Urban Corridor Zone.

8.3 Building Height The Zone provisions call for maximum height of 4 storeys or 15m. The Desired Character of the Urban Corridor Zone allows for consideration of additional floors where the proposed development is in accord with the Desired Character, zone and policy area provisions, and adopts principles of good urban design. The application is for the construction of a 5 storey building (ground plus four levels). The building is 15.2m at its greatest height. While the AGA acknowledges that the extensive excavation reduces the impact of the additional level, overall support for the height is contingent on high quality amenity for all residents and successful demonstration of a more contextually sympathetic response to neighbouring properties and the streetscape. The AGA is of the view that this is not yet evident in the proposal. It is considered that the departure from the maximum envisaged building height is negligible. Whilst the height of the proposed building is substantially different to that of existing buildings occupying adjoining and nearby sites, this contrast is expected by the zone and policy area which, together, encourage a transition in built form. This, therefore, is not considered problematic. 8.4 Setbacks Principles of Development Control 16, 17 and 18 of the Urban Corridor Zone provide guidance relating to setback distances. The policies seek the following: • front setback of 3m; • rear setback of 3m; and • no side setback up to a height of 2 storeys, and 2 metres above this height

The MARWP applies to this site. The MARWP shows a possible requirement for a strip of land up to 2.13m width from the Churchill Road frontage, together with a 4.5m x 4.5m cut-off at the southern corner of Churchill Road and Cochrane Terrace. DPTI Safety and Services Division provides that while there is a preference that all development be clear of the 2.13m strip and corner cut-off, it is prepared to consent to the encroachment of the roof level awning on the proviso that it is designed to be


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removable or modifiable. A condition to this effect has been directed for attachment to any approval granted the proposal. The applicant has advised that they do not agree with this condition by virtue of the 15m height of the roof overhang. The Commissioner for Highways has power of direction in this matter and therefore if the IMDAC were of the mind to grant approval to this proposal, it must impose the directed condition. The AGA supports the proposed front setback as the proposed landscape concept allows the planting to be maintained when road widening occurs. Other setbacks are also generally supported including in principle support of the southern stairwell, however, there is some concern that the scale and massing of the building will be overbearing in its current context. These views are similarly reflected in Councils comments, albeit Council has expressed further reservations with regard to the encroachment of the north facing balconies into the setback distance sought from Cochrane Terrace. It is noted that there is precedent for both the intrusion of balconies into northern side setbacks and a setback from Churchill Road of less than 3m post MARWP in approved developments along Churchill Road and within this zone. While not all quantitative setback requirements are met, it is noted that the proposed building sits comfortably within the building envelope sought by PDC 14 of the Urban Corridor Zone (discussed subsequently). Furthermore it is noted that other developments within the locality have been approved with balconies encroaching into the setbacks sought on the northern boundary. It is considered that impact of this encroachment is further reduced as a result of the northern boundary having road frontage. On balance it is considered that the setbacks are acceptable.

8.5 Design and Appearance As one of the key zones in the City where there will be transformation in built form, the desired character for the zone seeks that new buildings be recognised for their design excellence. The Development Plan seeks to create a linear corridor that frames the main roads and establishes an interesting pedestrian environment and human scale at ground level. The greatest height, mass and intensity is to be focussed on these main road frontages and will reduce in scale to transition down at the interface with low scale residential development.

8.5.1 Bulk and Scale Council Wide provisions generally seek the minimisation of bulk and scale in particular where a building is sited on or close to a side boundary. Council Wide PDC 142 seeks avoidance of large areas of uninterrupted wall. Bulk and scale is also guided by building envelope policy in the Development Plan. Namely, height, setbacks and interface height provisions.

The AGA has expressed reservations with regard to modelling and articulation, architectural expression and materiality. While there was not explicit opposition, the AGA has sought further refinement of the architectural expression, with the intent to lessen the visual impact of the scale of the proposal on adjoining neighbours.

The applicant has provided massing diagrams as part of their application. These demonstrate possible future development of the Urban Corridor Zone along


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Churchill Road in-line with maximum height and setbacks sought by the development plan (refer ATTACHMENT 3). It is considered that these highlight that while the building in the current context is of a bulk and scale that is dominant in the streetscape, it is likely that it will be the predominant bulk and scale on the Churchill Road frontage in the future. On balance, it is considered that while the building is of a bulk and scale that is dominant in the streetscape, this contrast to existing built form on neighbouring properties is expected by the zone and policy area which, together, encourage a transition in built form. The building envelope policies are generally met by the proposed building. This is not considered fatal to the proposal.

8.5.2 Ground Level Activation

PDC 7 of the Urban Corridor Zone provides guidance on street level activation and seeks that buildings maintain a pedestrian scale at street level through provision of a clearly defined podium with a maximum building height of 3 storeys with levels above setback at least 2m from that podium. The Boulevard Policy Area provisions generally seek the activation of the ground level. While ground level activation is typically achieved via non-residential uses, wholly residential buildings are also envisaged in the policy area. PDC 7 seeks that a minimum of 50% of the ground floor primary road frontage be visually permeable to promote active street frontages and maximise passive surveillance. The AGA has expressed support for the provision of landscape strategies as part of the streetscape and public realm contribution, along with the sleeving of the car parking behind usable spaces such as the entry lobby, bicycle parking and the storage locker room. The AGA raised some concern regarding whether the storage locker room was making a contribution to street activation. The proposal does not include a clearly defined podium however, through the use of heavy glazing, landscaping, and a change in material above the ground level, has adequately maintained an appropriate pedestrian scale at street level. While it is considered that the storage locker room may not provide a high level of contribution to the streetscape, there is no policy in the Development Plan seeking that all ground level activation should be via a non-residential use. On balance it is considered that the proposal has made an acceptable attempt to activate the ground level through the use of a clearly identifiable entrance/lobby, western balconies, landscaping, and sleeving of the car park with other functional uses at the ground level.

8.6 Apartment Amenity

8.6.1 Apartment Size

The Development Plan does not contain policy regarding minimum apartment sizes, but residential is still considered relevant. This being the case, it is considered useful to consider the sizes of the apartment against the relevant provisions of the Adelaide (City) Development Plan – these being: • 1 bedroom apartment: 50m2 • 2 bedroom apartment: 65m2


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• 3 bedroom apartment: 80m2 All apartments meet these minimum sizes, and therefore the proposed apartment sizes are considered acceptable. 8.6.2 Private Open Space Council Wide Principles of Development Control 152 and 153 seeks that 2 bedroom apartments provide a minimum area of private open space of 11m2 with a minimum dimension of 2m. PDC 154 provides that in some circumstances this can be substituted for an equivalent area of communal open space. Each apartment features both a north facing balcony and a south facing internal courtyard. The total area of both the balconies and courtyards is above the minimum area sought by the Development Plan for each apartment. The AGA has expressed support for both the northern orientation and the size of the balconies, however, while acknowledging that the southern courtyards have been introduced to address interface concerns between private and communal space, has raised concern over the usability of the southern courtyard. While it is acknowledged that the southern courtyards on levels 2, 3, and 4 are tight, the provision of balconies generally meets the minimum area of private open space sought by the Development Plan in their own right and therefore private open space provided by the courtyards is over and above what is sought by Development Plan policy. Private open space provision is considered acceptable. 8.6.3 Storage Council wide PDC 168 seeks that dwellings be provided with a covered storage area of a minimum of 8m3 either in the dwelling, in garage/outbuilding or within an on-site communal facility. The proposal includes above car park storage of 2.3m3-3.2m3 for each apartment along with internal apartment storage between 3-9.5m3. A further 26 storage lockers have been identified at ground level each at 1.43m3. Only one apartment would be under the minimum of 8m3 of storage sought by the Development Plan. If this apartment was assigned an over car park storage area of 2.3m3 it would have a total storage capacity of 6.73m3 (1.27m3 under the minimum capacity sought). If it was assigned an over car park storage area of 3.2m3 it would have a capacity of 7.63m3 (0.37m3 under the minimum capacity sought). It is considered that only one apartment would be under the minimum of 8m3 storage sought by the Development Plan and therefore the provision of storage is considered acceptable. 8.6.4 Access to Light and Ventilation Council wide provisions broadly seek that dwellings/apartments have direct access to ventilation and natural light.


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Each apartment accommodates a north-facing balcony, accessible directly from internal living areas, providing ample light. South facing windows, adjacent the communal walkway and internal courtyards provide secondary access to light and windows and doors to the north and south provide good cross ventilation. While most bedrooms do not rely on borrowed light, bedroom 1 in apartments 202 and 302 do. This is as a result of the placement of the south western stairwell. It is noted that this was not raised as an issue in the AGA’s comments. Overall, the proposal provides appropriate access to light and ventilation.

8.7 Interface Management

8.7.1 Overlooking Council Wide and zone policy broadly seeks that overlooking be moderated within the Urban Corridor Zone. The proposal provides a 1.7m high screen to the southern communal walkways on levels 1-4. The screens are broken up into vertical sections of custom orb and horizontal slat panels. This is considered to appropriately manage direct overlooking to neighbouring properties. Each apartment has a north facing balcony with a 1m high acid wash glass balustrade. Where possible it is preferred to minimise balustrade/screen heights to maintain amenity for residents, however, in cases where this would result in impact on the privacy of neighbouring residents higher screen heights are sought. The balustrades of south western balconies are considered acceptable at 1m high as views to private spaces of neighbouring properties are largely blocked by the southern stairwell and views west fall to Churchill Road. Balconies facing north are also considered acceptable as the separation of Cochrane Terrace along with the depth of the houses in the Residential Zone do not result in direct views to the outdoor private open space of properties on Cochrane Terrace. The north eastern balconies may have some direct views into the front yards of neighbouring properties and possibly long views into backyards further up Cochrane Terrace. While it is noted that it is more likely that residents will prefer the long views to the north-west offered by virtue of the sloping topography, it is still considered prudent that screening on the eastern edge of these balconies on levels 3 and 4 be provided to guard against undesirable views into private open space areas of neighbouring properties. It is considered that the proposal effectively manages overlooking and privacy subject to a condition requiring screening on the north eastern balconies (refer to condition2). 8.7.2 Overshadowing The Desired Character for the Urban Corridor Zone seeks that overshadowing of sensitive uses outside the zone be moderated through good design. Building envelope policy seeks to create a transition to adjacent zones in order to aid this.


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Buildings of up to 4 storeys or 15m are envisaged in the Urban Corridor Zone. While the proposed building is over height it is considered that 0.2m will create negligible further shadowing impact. The majority of the affected properties, while currently single storey dwellings, are within the Urban Corridor Zone. The other two dwellings to the east are only mildly affected by overshadowing in the late afternoon in the worst case scenario (winter solstice). On balance, and considering the transitional nature of this portion of the Urban Corridor Zone, it is considered that overshadowing is reasonably addresses the Development Plan provisions.

8.8 Traffic Impact, Access and Parking

8.8.1 Vehicle Access The Urban Corridor Zone seeks minimal access points on Churchill Road and that access be provided from secondary road frontages. Council wide policy generally seeks the provision of safe and convenient access and minimisation of access points onto roads. Vehicle access is provided via Cochrane Terrace. This is supported by the Desired Character. The Safety and Services Division of DPTI has advised that the proposed access location can provide suitable separation from both the existing Churchill Road boundary and the possible boundary after road widening. The proposed vehicle access is considered acceptable. 8.8.2 Vehicle Parking Table Pr/5 provides guidance for car parking within the Urban Corridor Zone. Specifically, it seeks the provision of 1.25 car parking spaces per 1 or 2 bedroom apartment (including visitor parking spaces), making the car parking requirement 33 car parks. The applicant is proposing 29 car parks (one per apartment) and 3 visitor car parks. This is a shortfall of 4 car parks. Table Pr/5 provides that a lesser car parking rate may be applied where it can be justified in local circumstances. In this case the proposed development is within a 200m walking distance of a convenient and frequent fixed public transport stop (i.e Ovingham Railway Station & bus stops 8 and 8A on Churchill Road). Furthermore, as discussed below, the proposal provides more than twice the bicycle parking spaces sought by the Development Plan. While this is not an exception listed in Pr/5, it is considered relevant.

It is considered that the car parking shortfall is acceptable. 8.8.3 Bicycle Parking

Table Pr/6 provides guidance for bicycle parking within the Urban Corridor Zone. Specifically it seeks the provision of 1 bicycle parking space for every 4 dwellings, and for visitors, 1 bicycle parking space for every 10 dwellings. A


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total of 9 spaces are therefore sought. The proposal includes 26 bicycle parks and therefore more than achieves consistency with Development Plan policy.

8.9 Environmental Factors

8.9.1 Crime Prevention Council Wide provisions generally seek that development incorporate crime prevention measures such as creating opportunities for passive surveillance, including appropriate lighting and reducing concealment opportunities. Passive surveillance can be achieved to both frontages and entrance points via southern and western balconies. LED lighting is provided to the external façade for feature lighting and security and fluorescent lighting to the car park in line with Australian Standards. Intercom and card access control system are also proposed for access to the building and car park. It is considered that the proposal generally meets provisions regarding crime prevention and safety. 8.9.2 Noise & Air Emissions The Noise and Air Emissions Overlay generally seeks that sensitive land uses be appropriately shielded from the effects of noise and air impacts. While the western most apartment on each level accommodates a bedroom on the Churchill Road frontage, the Sonus report identifies that there are measures that can be taken to appropriately deal with noise impacts from Churchill Road. Other sensitive uses are generally located away from noise and air emission sources (i.e. Churchill Road). The Traffic Noise Assessment prepared by Sonus recommends acoustic treatment measures required for external walls, glazing and doors. The Traffic Noise Assessment concludes that the proposed development will be able to operate within the requirements of the Minister’s Specification SA 78B and SA EPA EPP. This is considered acceptable. 8.9.3 Waste Management A common refuse area has been provided to the south of the ground floor entrance driveway. Particular details pertaining to the waste management process include: • sufficient number of bins (1 X 1100L and 2 X 660L) will be provided which

has been based on the total volume of waste potentially generated by occupants

• the bins will be stored in a bin enclosure on the ground floor level • there is no chute system and therefore occupants will be required to carry

waste to the ground floor bin enclosure. As this is not a high-scale development this is considered appropriate

• a private waste contractor will collect waste as follows: o General Waste 2 x per week o Recycling 2 x per week o Organics 1 x per week

These collections will occur on Mondays, Wednesdays and Fridays.


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The waste management system for the development has been outlined in the Waste Collection Report by Veolia Environmental Services and is considered acceptable.

8.9.4 Ecologically Sustainable Development The Development Plan provides that dwellings (including apartments) should have regard to best practice energy and water conservation principles. Council wide PDC 79 is particularly instructive in this context providing that development use a number of design techniques to provide thermal comfort for occupants while minimised the need for mechanical heating and cooling. The following energy efficiency and sustainable design measures form part of this proposal: • principle internal living areas and private open space of all apartments

have a northern aspect and north-facing windows, maximising solar access • north facing balconies and windows are covered with canopies and roofs to

provide some protection from sunlight • dual-aspect windows and doors allow for cross ventilation • west-facing windows are minimised whilst maintaining glazed balustrade

balconies to maintain presence to the street frontage • the proposed roof has a low/flat pitched roof which could accommodate

potential installation of water tanks and solar panels in the future • stormwater to be collected within rainwater tanks located beneath the

visitor car parking spaces. This is proposed to be reticulated to the toilet cisterns of 2-3 apartments

• bicycle parking is provided to encourage alternate transport methods • a Nathers rating of 7 stars is targeted for each Sole Occupancy Unit (higher

than the minimum 6 stars) • the close proximity to high frequency public transport will support the use

of public transport. It is considered that proposed ESD measures are acceptable. 8.9.5 Services and Infrastructure A roof plant is provided on the northern side of the roof. The roof plant accommodates the condensing units for air conditioning and gas hot water storage and will be enclosed. Fire services are located on the ground level along with the transformer and water tanks. The transformer is located to the rear of the site and adequately screened while still maintaining the necessary access requirements. Water tanks are located under the 2 western visitor car parking spaces. The fire booster is located in the storage locker room and the fire hose and pump are located in the residential lobby entrance.

8.9.6 Site Contamination The subject site has historically been used for residential purposes. There is therefore no reason to suspect that site contamination has occurred or in need of remediation.


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8.10 Staging No Staging Plan has been proposed as part of this proposal.

9. CONCLUSION Apart from building height and concerns raised with respect to the bulk and scale of the development, the proposal satisfies relevant policies within the Development Plan. The proposal provides a residential flat building with overall good apartment amenity, appropriate provisions of car parking, private open space and storage and a land use that is envisaged in the zone. Building height and setback encroachments are considered to have a negligible overall impact on the context in terms of bulk, scale and overshadowing. Although there are concerns with elements of the architectural expression of the development and the practicality of the southern courtyard, the proposal has utilised varying materials and colours, and projecting balconies and window shades to provide some interest to the side elevations. Overall, the proposal is considered to satisfy the intent of the zone and warrants Development Plan Consent. 10. RECOMMENDATION It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that the proposal meets the key objectives of the Urban Corridor Zone and Boulevard Policy Area.

3) RESOLVE to grant Development Plan Consent to the proposal by Melanie Jane Developments c/- Loucas Zahos Architects for the demolition of existing structures and construction of a five-storey residential flat building including landscaping and site works at 39 Churchill Road, Prospect subject to the following reserved matters and conditions of consent.

PLANNING CONDITIONS 1. Except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and following plans submitted in Development Application No 050/M002/16. Plans by Loucas Zahos: Site & Location Plan – 01 – Rev P3 – 4 July 2016 Ground Floor Plan – 02 – Rev P3 – 4 July 2016 First Floor Plan – 03 – Rev P3 – 4 July 2016 Second Floor Plan – 04 – Rev P3 – 4 July 2016 Third Floor Plan – 05 – Rev P3 – 4 July 2016 Fourth Floor Plan – 06- Rev P3 – 4 July 2016 Roof Plan – 07 – Rev P3 – 4 July 2016 Perspective – 08 – Rev P3 – 4 July 2016


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Elevation – 09 – Rev P3 – 4 July 2016 Sections – 10 – Rev P3 – 4 July 2016 Perspectives – 11 – Rev P3 – 4 July 2016 Axonometric – 12 – Rev P2 – 19 May 2016 Typical Apartments – 13 – Rev P2 – 19 May 2016 Sun Shading Diagrams – 14 – Rev 1 – 4 July 2016 Isometric Context Images – 15 – Rev P2 – 19 May 2016 Perspective Context Images – 16 – Rev P2 – 19 May 2016 Locality Plan – 17 – Rev P1 – 4 July 2016 Apartment Schedule of Provisions – A1940 – dated 5 July 2016 Material Sample Photos – Alucobond Front Render Side Render Plans: LCS Landscapes – Landscape Concept – LS0166.009.16 – dated May 2016 John C Bested & Associates – Detail Survey – version 2 – dated 14/09/2015 Reports: URPS – Planning Report – dated 12 May 2016 TMK Consulting Engineers – Engineering Design Intent – dated May 2016 Phil Weaver & Associates – Traffic and Parking Assessment – dated 11 May 2016 Sonus – Traffic Noise Assessment – dated May 2016 TMK Consulting Engineers – Stormwater Calculations – dated 5 May 2016

2. Screening to the north eastern balconies on level 3 and shall be provided to height of

1.5m. Details of the screening shall be provided to the satisfaction of the Development Assessment Commission. The approved screening shall be installed prior to occupation of the building.

3. The recommendations of the Traffic Noise Assessment Report prepared by Sonus

dated May 2016 (Reference S4860C3) shall be implemented and, where applicable, incorporated into the building rules documentation to the satisfaction of the Development Assessment Commission. Such acoustic measures shall be made operational prior to the occupation of the development.

4. A Construction Environment Management Plan (CEMP) shall be prepared and

implemented in accordance with current industry standards – including the EPA publication “Environmental Management of On-site Remediation” - to minimise environmental harm and disturbance during construction.

The management plan must incorporate, without being limited to, the following matters:

a. air quality, including odour and dust b. surface water including erosion and sediment control c. soils, including fill importation, stockpile management and prevention of

soil contamination d. groundwater, including prevention of groundwater contamination e. noise f. occupational health and safety

For further information relating to what Site Contamination is, refer to the EPA Guideline: 'Site Contamination – what is site contamination?': www.epa.sa.gov.au/pdfs/guide_sc_what.pdf

http://www.epa.sa.gov.au/pdfs/guide_sc_what.pdf


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A copy of the CEMP shall be provided to the Development Assessment Commission prior to the commencement of site works.

5. All external lighting of the site, including car parking areas and buildings, shall be designed and constructed to conform with Australian Standards and must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

6. All vehicle car parks, driveways and vehicle entry and manoeuvring areas shall be

designed and constructed in accordance with the relevant Australian Standards and be constructed, drained and paved with bitumen, concrete or paving bricks in accordance with sound engineering practice and appropriately line marked to the reasonable satisfaction of the Development Assessment Commission prior to the occupation or use of the development.

7. The visitor car parking spaces (3) shall be clearly identified as ‘visitor’ spaces. 8. The on-site Bicycle Parking facilities shall be designed in accordance with Australian

Standard 2890.3-1993 and the AUSTROADS, Guide to Traffic Engineering Practice Part 14 – Bicycles.

9. All stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road.

DPTI Directed Conditions 10. All services and infrastructure associated with the development, including but not

limited to, gates, fencing, water meter(s), fire hydrant booster(s) and electricity transformers shall be located a minimum of 2.13 metres from the Churchill Road property boundary.

11. The built form (except the roof level awning) shall be completely clear of the 2.13

metre road widening strip and 3.0 x 3.0 metres corner cut off. 12. The roof level awning located within the road widening requirements shall be

designed to be able to be removed or modified should it be necessary as a result of road widening activities. In the event that it is necessary for the awning to be removed or modified, this shall be undertaken on the direction of the Commissioner of Highways or his delegate and at the cost of the developer.

13. The access point to Cochrane Terrace shall be constructed in accordance with Loucas

Zahos Architects, Ground Floor Plan, Scheme J, Revision P2, dated 19 May 2016.

14. All vehicles shall enter and exit the site in a forward direction. 15. The car park ramp and internal parking areas shall be designed in accordance with

AS/NZS 2890.1:2004 and AS/NZS 2890.6:2009.

16. All bicycle parking facilities should be designed in accordance with AS2890.3:1993.

17. All waste collection shall be undertaken on to Cochrane Terrace outside of the peak traffic periods.

18. All landscaping within the road widening requirement areas shall be limited to low growing species (≤1.0 metres tall).


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19. Stormwater run-off shall be collected on-site and discharged without jeopardising the integrity and safety of Churchill Road and Cochrane Terrace. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant’s cost.

ADVISORY NOTES a. The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended by the Development Assessment Commission. The authorisation will lapse if not commenced within 12 months of the date of this Notification.

b. The applicant is also advised that any act or work authorised or required by this

Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission.

c. The applicant has a right of appeal against the conditions which have been imposed

on this Development Plan Consent or Development Approval. d. Such an appeal must be lodged at the Environment, Resources and Development

Court within two months from the day of receiving this notice or such longer time as the Court may allow.

e. The applicant is asked to contact the Court if wishing to appeal. The Court is located

in the Sir Samuel Way Building, Victoria Square, Adelaide (telephone number 8204 0289).

f. The applicant is advised of their obligations under section 221 of the Local

Government Act specifically with reference to the aesthetic located on Cochrane Terrace which may be removed or relocated in consultation with Council Asset and Infrastructure staff. Council has advised that all costs associated with the works are to be borne by the developer.

g. The emission of noise from the premises is subject to control under the Environment

Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this consent) should comply with those requirements

DPTI Advisory Notes h. The Metropolitan Adelaide Road Widening Plan (MARWP) shows a possible

requirement for a strip of land up to 2.13 metres in width from the Churchill Road frontage of Lot 59 in FP 109224, together with a 4.5 x 4.5 metre cut-off at the Churchill Road/Cochrane Terrace corner, for future road purposes. The consent of the Commissioner of Highways under the Metropolitan Adelaide Road Widening Plan Act is required to all building works on or within 6.0 metres of the 2.13 metre and corner cut-off requirement. As the development encroaches within the above areas, the applicant will need to apply for consent under the Metropolitan Adelaide Road Widening Plan Act. The applicant should fill out the attached consent form and return it to DPTI with 3 copies of the approved plans and a copy of the Decision Notification Form.

Environmental Duty i. The applicant is reminded of its general environmental duty, as required by Section

25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during


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

j. The emission of noise from the premises is subject to control under the Environment Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this consent) should comply with those requirements

Construction k. The applicant must ensure there is no objection from any of the public utilities in

respect of underground or overhead services and any alterations that may be required are to be at the applicant’s expense.

l. As work is being undertaken on or near the boundary, the applicant should ensure that the boundaries are clearly defined, by a Licensed Surveyor, prior to the commencement of any building work.

Elysse Kuhar PLANNING OFFICER DEVELOPMENT DIVISION DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE

melanie jane developments c/- loucas zahos architects · described within the prospect (city)...

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