minutes of the council assessment panel · pdf filecouncil assessment panel minutes 7 december...

MINUTES

OF THE

COUNCIL ASSESSMENT PANEL

HELD ON

7 DECEMBER 2017


MINUTES 7 DECEMBER 2017

MINUTES OF THE COUNCIL ASSESSMENT PANEL MEETING HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON 7 DECEMBER 2017 AT 5.30PM. MEMBERSHIP: David Billington (Presiding Member), Andreea Caddy,

Steve Hooper, Michael Osborn and Andrew Tilley ASSESSMENT MANAGER: Matthew Romaine INDEX

1. PRESENT ..................................................................................... 1

2. APOLOGIES .................................................................................. 1

3. ABSENT ....................................................................................... 1

4. CONFIRMATION OF MINUTES ......................................................... 1

5. DISCLOSURE OF PECUNIARY INTERESTS ....................................... 1

6. DISCLOSURE OF INTERESTS .......................................................... 1

7. CATEGORY 3 NOTIFIED APPLICATIONS ........................................... 2

7.1 7 SHEOAK ROAD BELAIR ........................................................................... 2

7.2 28 EAST PARADE KINGSWOOD ................................................................. 3

7.3 55 CASHEL STREET PASADENA ............................................................... 5

8. CATEGORY 2 NOTIFIED APPLICATIONS ......................................... 10

8.1 1/1 – 3/1 EGMONT TERRACE HAWTHORN .............................................. 10

8.2 37 STRATHCONA AVENUE PANORAMA ................................................. 11

8.3 17 HILLSIDE ROAD SPRINGFIELD ........................................................... 12

9. DEFERRED ITEMS FROM PREVIOUS MEETINGS ............................. 16

9.1 15 INVERLOCH AVENUE TORRENS PARK .............................................. 16

9.2 429 GOODWOOD ROAD WESTBOURNE PARK ....................................... 18

10. CATEGORY 1 APPLICATIONS ....................................................... 19

10.1 12A BRANSON BOULEVARD PASADENA ............................................... 19

10.2 14 CHEVIOT AVENUE LOWER MITCHAM ................................................ 20

11. CONFIDENTIAL ITEMS ................................................................. 22

11.1 351 SHEPHERDS HILL ROAD BLACKWOOD ........................................... 22

MINUTES INDEX PAGE 2 COUNCIL ASSESSMENT PANEL 7 DECEMBER 2017

12. OTHER BUSINESS ....................................................................... 23

13. ASSESSMENT MANAGER REPORT ................................................ 23

14. STRATEGY AND POLICY CONSIDERATIONS ................................... 23

15. CLOSE ....................................................................................... 23


MINUTES 7 DECEMBER 2017

MINUTES OF THE COUNCIL ASSESSMENT PANEL MEETING HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON 7 DECEMBER 2017 AT 5.30PM. 1. PRESENT

David Billington (Presiding Member) Andreea Caddy Steve Hooper Michael Osborn Andrew Tilley

2. APOLOGIES

Nil 3. ABSENT

Andrew Tilley was absent at the start of the meeting, however arrived at the meeting at 5.43pm and took part in the debate and decision for item 8.1.

4. CONFIRMATION OF MINUTES

That the Minutes of the Council Assessment Panel Meeting held on 2 November 2017 be confirmed.

CARRIED 5. DISCLOSURE OF PECUNIARY INTERESTS

Nil 6. DISCLOSURE OF INTERESTS

Nil

MINUTES PAGE 2 COUNCIL ASSESSMENT PANEL 7 DECEMBER 2017

7. CATEGORY 3 NOTIFIED APPLICATIONS

7.1 7 SHEOAK ROAD BELAIR

DEVELOPMENT PROPOSAL: CHANGE THE USE OF A PORTION OF THE LAND FROM RESIDENTIAL TO CHILDCARE, REMOVE ONE REGULATED TREE, PARTIALLY DEMOLISH AND CONSTRUCT ALTERATIONS AND ADDITIONS TO A LOCAL HERITAGE PLACE, CAR PARKING, FENCING AND LANDSCAPING

APPLICANT: SHEOAK ROAD INVESTMENTS PTY LTD APPLICATION NO: 080/1528/2016 ZONE: RESIDENTIAL (HILLS) ZONE APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

MR R & LEILA SAAD OF 7 BEVERLEY CRESCENT, BELAIR (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM MR A B & MRS P CARRICK OF 4 BURNELL DRIVE, BELAIR (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM MR R SOMES OF 3 BEVERLEY CRESCENT, BELAIR (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM MR M ESSLING OF 1 OLD BELAIR ROAD, BELAIR (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM SHEOAK ROAD INVESTMENTS PTY LTD, PO BOX 344, UNLEY (APPLICANT) ADDRESSED THE PANEL / ANSWERED QUESTIONS OF THE PANEL CONCERNING THIS MATTER That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel:

1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and 2. DEFERS the decision as to whether or not to grant Development Plan

Consent to the application by SHEOAK ROAD INVESTMENTS PTY LTD to CHANGE THE USE OF A PORTION OF THE LAND FROM RESIDENTIAL TO CHILDCARE, REMOVE ONE REGULATED TREE, PARTIALLY DEMOLISH AND CONSTRUCT ALTERATIONS AND ADDITIONS TO A LOCAL HERITAGE PLACE, CAR PARKING, FENCES, AND LANDSCAPING, at 7 SHEOAK ROAD, BELAIR, as detailed in Development Application No. 080/1528/2016 to allow the applicant to:

• Consider the addition of vegetation to soften the appearance of the

fencing in a hills setting context; • Reconsider the setbacks of the building on the site; • Reconsider to the configuration of the site to address the notion that

the site is ‘over-developed’; and


7.1 7 SHEOAK ROAD BELAIR (CONTINUED)

• Reconsider the scale of the development in respect of its use, and in particular consider decreasing the number of children able to use the Centre.

CARRIED

7.2 28 EAST PARADE KINGSWOOD

DEVELOPMENT PROPOSAL: LAND DIVISION CREATING ONE ADDITIONAL ALLOTMENT (1:2) DEMOLISH EXISTING DWELLING AND CONSTRUCT A PAIR OF TWO STOREY SEMI-DETACHED DWELLINGS WITH ASSOCIATED CARPORTS, PORTICOS, LANDSCAPING, AND NEW VEHICULAR CROSSOVER TO EAST PARADE

APPLICANT: MR F E VAN STRALEN APPLICATION NO: 080/372/2016 ZONE: RESIDENTIAL CENTRAL PLAINS POLICY

AREA 11 APPLICATION TYPE: NON-COMPLYING DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

MR E VAN STRALEN, 28 EAST PARADE KINGSWOOD (APPLICANT) WAS CALLED THERE WAS NO RESPONSE FROM THE GALLERY

That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: 1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and

2. REFUSES Development Plan Consent to the application by Mr F E Van Stralen to DIVIDE THE LAND CREATING ONE ADDITIONAL ALLOTMENT (1:2), DEMOLISH EXISTING DWELLING & CONSTRUCT A PAIR OF TWO STOREY SEMI-DETACHED DWELLINGS WITH ASSOCIATED CARPORTS, PORTICOS, NEW VEHICULAR CROSSOVER TO EAST PARADE AND ANCILLARY LANDSCAPING, at 28 EAST PARADE KINGSWOOD as detailed in Application No. 080/372/2016 on the following grounds:

1. Overall, the proposal is at odds with the Desired Character for the

Zone, particularly as it relates to the design and appearance of outbuildings;

2. By virtue of the bulk of the second storey that extends to 1.2 metres of the side boundaries, the proposed building will have an unreasonable visual impact on the neighbouring properties, particularly the single storey units to the south;

3. The proposal is considered to be a variance with the relevant provisions of the City of Mitcham Development Plan consolidated 21 April 2016, in particular:


7.2 28 EAST PARADE KINGSWOOD (CONTINUED) Development Plan Policies Metropolitan Adelaide Objectives: • 6 in that the development proposes densification of residential

development without giving due recognition to the single-storey character of the locality by virtue of its bulk and scale;

• 9 in that the development does not enhance the residential character and amenity of the subject area, and that it interferes with the sunlight access to the dwellings to the south

Principles of Development Control: • 9 in that the development is deemed to impair the character of

amenity of the locality; • 10 in that the bulk of the second storey unreasonably impairs

access to incident solar radiation for two adjacent dwellings to the south;

• 11 in that the landscaping is insufficient to screen the parking area proposed in the front yard

Council Wide: Objectives: • 14 in that the proposed dwellings are not of a scale and

appearance that maintains the desired character of the Residential (Central Plains) Policy Area

Principles of Development Control: • 19(e) in that the upper storey is not designed so that the

primary mass of the upper storey is located within the side boundary building envelope shown in Figure R/1 of the Development Plan;

• 22(c) in that there is insufficient landscaping to diminish the impact of the driveways on adjacent residential properties;

• 26(a)(i) in that the proposed dwellings are likely to detract from the character and amenity of adjoining development by virtue of its bulk and scale;

• 26(a)(ii) in that the proposed development does not complement the streetscape of the locality;

• 26(a)(iii) in that the upper level has not been designed to minimise the overshadowing and impacts due to differences in scale;

• 33(c) in that the landscaping proposed does not incorporate species of an adequate size which would soften the impact of the two-storey built form

• 159 in that landscaping does not establish visual buffers to the proposed car parking spaces in the front yards of the dwellings.


7.2 28 EAST PARADE KINGSWOOD (CONTINUED) Residential (Central Plains) Zone: Objectives: • 1 in that the development does not complement the

predominant single storey. Streetscape and low density character of existing development in the locality.

• 2 in that the development diminishes the existing streetscape character and amenity within the Residential (Central Plains) Policy Area 11

• 4 in that by virtue of the bulk and scale of the development, the proposed dwelling is not visually compatible with the existing buildings within the locality

CARRIED

7.3 55 CASHEL STREET PASADENA

DEVELOPMENT PROPOSAL: CONSTRUCT TWO SEMI-DETACHED DWELLINGS AND LAND DIVISION (1:2) (NON-COMPLYING)

APPLICANT: OUTHRED ENGLISH AND ASSOCIATES APPLICATION NO: 080/894/2017 AND 080/1096/2017 ZONE: RESIDENTIAL (CENTRAL PLAINS) ZONE

– POLICY AREA 10 APPLICATION TYPE: NON-COMPLYING DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: APPROVAL FOR LAND DIVISION 1. DETERMINES that the proposed development is not seriously at variance


2. GRANTS Development Plan Consent, Land Division Consent and Development Approval to the application by PROSPERITY PROPERTY CONSULTANTS PTY LTD TO DIVIDE THE LAND SO AS TO CREATE ONE ADDITIONAL ALLOTMENT (NON-COMPLYING) at 55 CASHEL STREET, PASADENA, as detailed in Development Application No. 080/1096/2017 subject to the concurrence of the State Commission Assessment Panel and subject to the following conditions and advisory notes: Development Plan Consent Conditions: 1. The development must be undertaken, completed and maintained in

accordance with the plan(s) and information detailed in Application No 080/1096/2017 except where varied by any condition(s) listed below:


7.3 55 CASHEL STREET PASADENA (CONTINUED) Conditions Pursuant to Section 33 1(c) as directed by the Department of Planning, Transport and Infrastructure: 2. The financial requirements of SA Water shall be met for the provision

of water supply and sewerage services. The alteration of internal drains to the satisfaction of SA Water is required. Subject to our new process, on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non-standard fees. On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.

3. Payment of $6830 into the Planning and Development Fund (1

allotment(s) @ $6830/allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sen to GPO Box 1815, Adelaide 5001 or in person, at Ground Floor, 101 Grenfell Street, Adelaide.

4. A final plan complying with the requirements for plans as set out in the

Manual of Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: APPROVAL FOR LAND USE 1. DETERMINES that the proposed development is not seriously at variance


2. GRANTS Development Plan Consent to the application by OUTHRED ENGLISH PLANNING AND PROPERTY CONSULTANTS to CONSTRUCT TWO SEMI-DETACHED DWELLINGS (NON-COMPLYING) at 55 CASHEL STREET, PASADENA, as detailed in Development Application No. 080/894/2017 subject to the concurrence of the State Commission Assessment Panel, and subject to the following, conditions and advisory notes:


7.3 55 CASHEL STREET PASADENA (CONTINUED)

1. The proposal must be developed in accordance with the details submitted to the council and approved plans relating to development application number 080/894/2017 except where varied by the following conditions.

Reason: To ensure the proposal is established in accordance

with the plans and details submitted

2. All scarring or physical disturbances of the land during any excavation work must be restricted to only that which is shown on the approved plan and only as required for building work and/or access purposes. All exposed excavations and fill must be covered with top soil and planted with ground cover which will screen the changed land forms and prevent erosion within six months of the excavation work taking place.

Reason: To maintain and enhance the visual amenity of the

locality in which the subject land is situated.

3. Any additional excavated material not required as fill for the site must be removed immediately after excavation to prevent bogging and soil washing away.

Reason: To protect the natural environment and to minimise

erosion.

4. The existing Street Tree designated for retention in the approved plans located near the cross-over to proposed Lot 31 dwelling must be retained and maintained in good condition at all times. In particular: • Advice must be sought from Council’s Horticultural staff. • A temporary fence must be erected around the “critical root zone”

of the tree prior to any work commencing on the site and must be maintained in place until all work has been finalised. This fencing must be constructed using the typical portable concrete block and mesh fence used around building sites and be labelled “Tree Preservation Area – Keep Out”.

• A manually operated drip irrigation ring must be installed in the “critical root zone” and covered over with mulch.

• Excavation required on the site to implement the proposal must be undertaken to ensure minimal disturbance to the “critical root zone”.

• All construction vehicles and workers must be kept off the “critical root zone” designated for tree protection.

• No equipment/debris/building rubble or material must be discarded/stored within the “critical root zone” for the full period of construction work; and

• For any work under/in close proximity to the canopy of the identified tree, all due care must be taken to avoid damage to the canopy or to the branch structure for the full period of construction work.

Reason: To ensure the protection of vegetation.



5. All stormwater must be suitably disposed of and not disposed of onto adjoining properties.

Reason: To prevent discharge of stormwater onto adjoining

properties

6. The following measures must be incorporated into the stormwater design:

• Roof Stormwater Run-Off – A minimum of 60% of roof

stormwater run-off must be directed to a stormwater tank of not less than 2000 litres capacity for On-Site Stormwater Detention (OSD). The restricted outflow (nominal 19mm outlet) from the tank may be discharged to either Council infrastructure or to an area for On-Site Stormwater Retention (OSR) within the property (landscape area, soakage trench, etc). The overflow from the tank must be directed to landscape area within the property or to an area for On-Site Stormwater Retention (OSR). The remaining 40% (maximum) of roof stormwater run-off may be discharged to either Council infrastructure or to an area for On-Site Stormwater Retention (OSR) within the property (landscape area, soakage trench, etc). Refer to Council Engineering Detail SD-600 Sheets 34 & 35 (Draft)

• Pavement Stormwater Run-Off – A maximum of 50% of pavement (driveway, paths, and patio) stormwater run-off may be controlled and discharged to Council infrastructure via a pipe system. The remaining 50% (minimum) of pavement stormwater must be directed to landscape area within the property or to an area for On-Site Stormwater Retention (OSR). Refer to Council Engineering Detail SD-600 Sheets 34 & 35 (Draft)

• Stormwater that is retained on-site (OSR) by utilising landscaped areas within the property, soakage trenches, or additional tank storage in excess of the required 2000 litres, must be contained within the site.

• Stormwater resulting from a storm, up to and including a 20 year ARI, must not flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.

• Roof stormwater that is directed to an on-site retention area in lieu of discharge to Council infrastructure must be designed and certified by a “Charted Professional Engineer” with expertise in the field of stormwater management.

• Detention tank capacity must be in addition to any proposed rainwater storage tanks for domestic supply or On-Site Stormwater Retention (OSR).

Reason: To effectively collect and discharge stormwater from a

residential property to the Council stormwater system in a controlled manner.



7. New residential driveway crossover(s) must be constructed in accordance with Council’s Engineering Detail SD-600, Sheets 8, 9 & 10.

NOTE: An application to construct an invert/crossover in a public street must also be lodged with Council.

Reason: To comply with Council standard invert/crossover

construction specifications for residential driveways.

8. Stormwater connections to the street water table, must be in accordance with Council’s Engineering Detail SD-600, Sheet 19. Pipes through the Council verge area must be constructed of galvanized steel, not PVC. Trench reinstatements beneath the footpath area must be in accordance with Council’s Engineering Detail SD-600 Sheets 14 B & 15 B.

Reason: To effectively collect and discharge stormwater from

large residential properties and commercial development to the Council stormwater system in a controlled manner.

9. Temporary debris and sediment control measures must be installed

to ensure debris, soil, soil sediments, and litter are maintained within the construction site. Debris, soil, soil sediments, and litter from the construction site must not enter Council’s drainage system, Council’s road network, or neighbouring properties.

NOTE: Pollution prevention measures must be in accordance with the Environmental Protection Authority’s “Stormwater Pollution Prevention Codes of Practice”; • For the Community; • For Local, State and Federal Government; and • For the Building and Construction Industry

Reason: To inform owners, developers, builders etc of their

obligation in regard to the environment and to the appropriate measures of stormwater disposal from building sites

10. Any portion of Council’s infrastructure damaged or requiring altering

to comply with design level conditions etc, must be completed in liaison with Council staff with all cost to be borne by the applicant.

CARRIED


8. CATEGORY 2 NOTIFIED APPLICATIONS

8.1 1/1 – 3/1 EGMONT TERRACE HAWTHORN

DEVELOPMENT PROPOSAL: PARTIALLY DEMOLISH A LOCAL HERITAGE PLACE, CONSTRUCT ALTERATIONS AND ADDITIONS AND CHANGE LAND USE FROM SHOPS TO DWELLING TO EXPAND EXISTING DWELLING.

APPLICANT: GREGORIA HALLS C/O ANGELA DAVISON - TOWN PLANNING HQ PTY LTD

APPLICATION NO: 080/847/2017 ZONE: RESIDENTIAL (CENTRAL PLAINS) ZONE

– POLICY AREA 9 APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

DR M ATCHISON OF 3 EGMONT TERRACE HAWTHORN (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM TOWN PLANNING HQ (APPLICANT) ON BEHALF OF MR D & MRS G & MINORS E & M HALL OF 1/1 EGMONT TERRACE HAWTHORN ADDRESSED THE PANEL / ANSWERED QUESTIONS OF THE PANEL CONCERNING THIS MATTER That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: 1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and 2. GRANTS Development Plan Consent to the application by GREGORIA

HALLS to DEMOLISH A SECTION OF A LOCAL HERITAGE PLACE, CONSTRUCT ADDITIONS AND ALTERATIONS AND CHANGE THE LAND USE OF TWO SHOPS TO RESIDENTIAL TO EXPAND THE ATTACHED DWELLING at 1/1 - 3/1 EGMONT TERRACE HAWTHORN, as detailed in Development Application No. 080/847/2017 subject to the following conditions and advisory notes: Development Plan Consent Conditions: 1. The development must be undertaken, completed and maintained in

accordance with the plan(s) and information detailed in Application No. 080/847/2017 except where varied by any condition(s) listed below:

2. The detailed design of the film to be applied to the shop windows

shall be of a quality and content to the satisfaction of Council’s Heritage Advisor and thereafter maintained in good condition.

CARRIED


8.2 37 STRATHCONA AVENUE PANORAMA

DEVELOPMENT PROPOSAL: CONSTRUCT DETACHED TWO STOREY DWELLING

APPLICANT: JGU PRIME BUILDERS APPLICATION NO: 080/723/2017 ZONE: RESIDENTIAL (CENTRAL PLAINS)

POLICY AREA 8 APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

DR H V KENYON OF 25 OTTAWA AVENUE, PANORAMA (REPRESENTOR) WAS CALLED THERE WAS NO RESPONSE FROM THE GALLERY That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: 1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and 2. GRANTS Development Plan Consent to the application by JGU PRIME

BUILDERS to CONSTRUCT DETACHED TWO STOREY DWELLING at 37 STRATHCONA AVENUE PANORAMA, as detailed in Development Application No. 080/723/2017 subject to the following, conditions and advisory notes: Development Plan consent Conditions: 1. The development must be undertaken, completed and maintained in



with the plans and details submitted 2. Upper-storey windows of the dwelling other than street elevation(s)

must be comprised of awning window frames with the sash being hinged at the bottom and extending outwards at the top and containing translucent glass to a minimum height of 1700mm above the level of the first floor.

Reason: To minimise the impact on privacy to the residents of

adjacent dwellings 3. All carparking areas, driveways and vehicle manoeuvring areas must

be constructed, sealed and drained in accordance with sound engineering practice prior to the occupation or use of the development now approved.

Reason: To provide satisfactory parking for users of the

development.


8.2 37 STRATHCONA AVENUE PANORAMA (CONTINUED) 4. Retaining walls must be installed before the commencement of other

building work upon the site.

Reason: For the protection of adjoining land 5. All stormwater must be suitably disposed of and not disposed of onto

adjoining properties.

Reason: To prevent discharge of stormwater onto adjoining properties

6. The landscaping shown on the approved plans must be established

prior to occupation of the dwelling. Reason: To maintain the amenity of the locality.

CARRIED

8.3 17 HILLSIDE ROAD SPRINGFIELD

DEVELOPMENT PROPOSAL: CONSTRUCT A THREE STOREY DWELLING, GARAGE, BALCONIES, VERANDAHS AND SWIMMING POOL & SAFETY FENCE AND TWO SHEDS AT 17 HILLSIDE ROAD SPRINGFIELD

APPLICANT: PRECISION HOMES (AUSTRALIA) PTY LTD

APPLICATION NO: 080/1194/2017 ZONE: RESIDENTIAL (EAST PLAINS) ZONE APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

MR S J ARNOLD ON BEHALF OF MRS E A ARNOLD OF 15 HILLSIDE ROAD SPRINGFIELD (REPRESENTOR) ADDRESSED THE PANEL CONCERNING THIS ITEM That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel: 1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and 2. GRANTS Development Plan Consent to the application by PRECISION

HOMES PTY LTD to CONSTRUCT A THREE STOREY DWELLING, GARAGE, BALCONIES, VERANDAHS AND SWIMMING POOL & SAFETY FENCE AND TWO SHEDS at 17 HILLSIDE ROAD SPRINGFIELD, as detailed in Development Application No. 080/1194/2017 subject to the following conditions and advisory notes:


8.3 17 HILLSIDE ROAD SPRINGFIELD (CONTINUED) Development Plan Consent Conditions: 1. The development must be undertaken, completed and maintained in



with the plans and details submitted.

2. The existing street tree designated for retention in the approved plans at the south-west corner of the Subject Land must be retained and maintained in good condition at all times. In particular: • Advice must be taken from Council’s Horticultural staff to

determine the critical root zone; • A temporary fence must be erected around the “critical root

zone” of the tree prior to any work commencing on the site and must be maintained in place until all work has been finalised. This fencing must be constructed using the typical portable concrete block and mesh fence used around building sites and be labelled “Tree Preservation Area – Keep Out”.

• A manually operated drip irrigation ring must be installed in the “critical root zone” and covered over with mulch.

• Excavation required on the site to implement the proposal must be undertaken to ensure minimal disturbance to the “critical root zone”.

• All construction vehicles and workers must be kept off the “critical root zone” designated for tree protection.

• No equipment/debris/building rubble or material must be discarded/stored within the “critical root zone” for the full period of construction work; and

• For any work under/in close proximity to the canopy of the identified tree, all due care must be taken to avoid damage to the canopy or to the branch structure for the full period of construction work.

Reason: To ensure the protection of vegetation.

3. All windows on the upper-most storey other than street elevation(s)

must comprise of fixed translucent glazing or fixed shutters to a minimum height of not less than 1.7m from the finished floor level.

Reason: To minimise the impact on privacy to the residents of

adjacent dwellings.


8.3 17 HILLSIDE ROAD SPRINGFIELD (CONTINUED) 4. Stormwater connections to the street water table must be in

accordance with Council’s Engineering Detail SD-600, Sheet 19. Pipes through the Council verge area must be constructed of galvanized steel, not PVC. Trench reinstatements beneath the footpath area must be in accordance with Council’s Engineering Detail SD-600 Sheets 14 B & 15 B.

Reason: To effectively collect and discharge stormwater from

large residential properties and commercial development to the Council stormwater system in a controlled manner.

5. Stormwater must be disposed of in such a manner that it does not

flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.

Reason: To provide adequate protection against the possibility

of stormwater inundation to neighbouring properties. 6. Temporary debris and sediment control measures must be installed

to ensure debris, soil, soil sediments, and litter are maintained within the construction site. Debris, soil, soil sediments, and litter from the construction site must not enter Council’s drainage system, Council’s road network, or neighbouring properties. NOTE: Pollution prevention measures must be in accordance with the Environmental Protection Authority’s “Stormwater Pollution Prevention Codes of Practice”; • For the Community; • For Local, State and Federal Government; and • For the Building and Construction Industry Reason: To inform owners, developers, builders etc of their

obligation in regard to the environment and to the appropriate measures of stormwater disposal from building sites

7. The driveway must be constructed and sealed with bound material

(asphalt, pavers, or concrete etc.) appropriate to the grade, providing both structural integrity and traction in both wet and dry conditions. The use of unbound materials (gravel, or quarry rubble) is not permitted due to the steep grades of the driveway. Reason: To ensure appropriate materials are used in driveways

to provide sufficient traction to those driveways identified as being excessively steep.


8.3 17 HILLSIDE ROAD SPRINGFIELD (CONTINUED) 8. New residential driveway crossover(s) must be constructed in

accordance with Council’s Engineering Detail SD-600, Sheets 8, 9 & 10.

NOTE: An application to construct an invert/crossover in a public street must also be lodged with Council.

Reason: To comply with Council standard invert/crossover

construction specifications for residential driveways. 9. All earthworks associated with the development must be stabilized in

accordance with standard engineering design and practices against erosion and failure.

NOTE: The applicant is reminded that earthworks must not encroach across neighbouring property boundaries

Reason: To ensure that all necessary measures are undertaken

to stabilize all earthworks on site. 10. Any portion of Council’s infrastructure damaged as a result of work

undertaken on the allotment or associated with the allotment must be repaired/reinstated to Council’s satisfaction at the developer’s expense.

Advisory Notes: • Council advises that in accordance with the Environment Protection

(Noise) Policy 2007 it is the owner/occupiers responsibility to ensure that the pool equipment does not emit noise levels greater than 45dB(A) between 10pm and 7am the next day, or greater than 52 dB(A) between 7am to 10 pm, when measured at the receivers.

CARRIED


9. DEFERRED ITEMS FROM PREVIOUS MEETINGS

9.1 15 INVERLOCH AVENUE TORRENS PARK

DEVELOPMENT PROPOSAL: CONSTRUCT A TWO STOREY

DWELLING, GARAGE, ALFRESCO, STORE ROOM, GYM, SWIMMING POOL AND SPA, BALCONIES (X2), TENNIS COURT, TENNIS COURT FENCING AND LIGHTING, 1.2 METRE HIGH INTERNAL RETAINING WALL AND EASTERN BOUNDARY SCREENING FENCE TO A MAXIMUM HEIGHT OF 2.895 METRES.

APPLICANT: MR M RANGER APPLICATION NO: 080/1545/2015 ZONE: RESIDENTIAL (CENTRAL PLAINS)

ZONE POLICY AREA 8

APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 19 FEBRUARY 2015


with the policies in the City of Mitcham Development Plan; and 2. AUTHORISES staff to GRANT Development Plan Consent to the

application by MR B CLEMENTS to CONSTRUCT A TWO STOREY DWELLING, GARAGE ALFRESCO, STORE ROOM, GYM, SWIMMING POOL & SPA, BALCONIES (X2), TENNIS COURT, TENNIS COURT FENCING AND LIGHTING, 1.2 METRE HIGH INTERNAL RETAINING WALL AND EASTERN BOUNDARY SCREENING FENCE TO A MAXIMUM HEIGHT OF 2.895 METRES at 15 INVERLOCH AVENUE TORRENS PARK, as detailed in Development Application No. 080/1545/2015 subject to a Land Management Agreement being entered into by the owner of the land and Council to protect the Significant Tree and the following conditions:

Development Plan consent Conditions: 1. The development must be undertaken, completed and maintained in



with the plans and details submitted

2. The tennis court lights shall be turned off and remain off between the hours of 10.30pm and 7am the following morning.

Reason: To protect the amenity of adjoining residents.


9.1 15 INVERLOCH AVENUE TORRENS PARK (CONTINUED) 3. The tennis court lighting must comply with Australian Standards AS

4282-1997 (Control of the obtrusive effects of outdoor lighting) throughout the life of the development.

Reason: To minimise the impact of the tennis court lights on the

adjoining properties

4. The proposed landscaping must be established on the site in accordance with the approved plan prior to the occupation of the building and must be maintained in good condition at all times. Any such landscaping must be replaced if it dies or becomes seriously diseased. Reason: To maintain and enhance the visual amenity of the

locality in which the subject land is situated

5. The 7 Action Items listed in the Tree Protection Plan in Arborman Tree Services Report ATS3890-015InvAvArobTPP dated 1 March 2017, shall be implemented and adhered to prior to, during and after construction of the dwelling, to the satisfaction of the Council.

Reason: To ensure the health of the significant tree is

maintained at all times and avoid any tree damaging activities during construction.

6. Stormwater must be disposed of in such a manner that it does not

flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.

Reason: To provide adequate protection against the possibility of

stormwater inundation to neighbouring properties 7. Stormwater connections to the street water table, must be in

accordance with Council’s Engineering Detail SD-600, Sheet 19. Pipes through the Council verge area must be constructed of galvanized steel, not PVC. Trench reinstatements beneath the footpath area must be in accordance with Council’s Engineering Detail SD-600 Sheets 14 B & 15 B.

Reason: To comply with Council policy and to ensure uniformity

with stormwater connections from the property boundary to the kerb and gutter.

CARRIED


9.2 429 GOODWOOD ROAD WESTBOURNE PARK

DEVELOPMENT PROPOSAL: CONSTRUCT AN INTEGRATED DEVELOPMENT CONTAINING OFFICE, CONSULTING ROOMS, EIGHT DWELLINGS, CAR PARKING, LANDSCAPING, SIGNAGE AND ACOUSTIC FENCING.

APPLICANT: TECHNEBUILD PTY LTD APPLICATION NO: 080/1710/2016 ZONE: MIXED USE (GOODWOOD) ZONE APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

That pursuant to the authority delegated to the Council Assessment Panel by the Council, the Council Assessment Panel:

1. DETERMINES that the proposed development is not seriously at variance

with the policies in the City of Mitcham Development Plan; and 2. REFUSES Development Plan Consent to the application by

TECHNEBUILD PTY LTD to CONSTRUCT AN INTEGRATED DEVELOPMENT INCORPORATING AN OFFICE, CONSULTING ROOMS, EIGHT DWELLINGS AND ASSOCIATED CAR PARKING, SIGNAGE AND ACCOUSTIC FENCING at 429 GOODWOOD ROAD WESTBOURNE PARK, as detailed in Development Application No. 080/1710/2016 on the following grounds: 1. The proposal is contrary to Zone PDC 4 in that the average site area

per dwelling exceeds 200 square metres and therefore the proposal is an overdevelopment of the site.

2. The proposal is contrary to Council Wide PDC 21 in terms of car-parking provision for the residential component of the development.

3. The proposal is contrary to Council Wide Residential Objective 14 in that the proposed development does not establish a safe, attractive or pleasant residential area for the future residents of the proposed development.

4. The proposal is contrary to Council Wide PDC 17 in that the private open space provided for each dwelling is not of sufficient dimensions, and does not allow adequate sunlight for clothes drying and general use by the residents.

5. The proposal is contrary to Council Wide PDC 27(a)(vii) in that the proposal does not facilitate casual surveillance of common areas by the residents of the development.

6. The proposal is contrary to Council Wide PDC 31(a) in that inadequate solar access is provided for the development.

7. The proposal does not allow sufficient set backs. It is clearly captured as a residential development albeit with a commercial component and therefore Set-Backs Residential Development on page 277 of the Development Plan apply - Arterial Road - 10 metres (for corner allotments 2 storey - 6 metres).

CARRIED


10. CATEGORY 1 APPLICATIONS

10.1 12A BRANSON BOULEVARD PASADENA

DEVELOPMENT PROPOSAL: CONSTRUCT AN ATTACHED CARPORT

FORWARD OF DWELLING APPLICANT: SOFTWOODS TIMBERYARDS PTY LTD

– LIAM MAHONY APPLICATION NO: 080/1154/2017 ZONE: RESIDENTIAL (CENTRAL PLAINS) ZONE

/ POLICY AREA 8 APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016


with the policies in the City of Mitcham Development Plan; and 2. REFUSES Development Plan Consent to the application by SOFTWOOD

TIMBER YARDS to CONSTRUCT A CARPORT FORWARD OF DWELLING at 12A BRANSON BOULEVARD as detailed in Development Application No. 080/1154/2017 on the following grounds: 1. Overall, the proposal is at odds with the Desired Character Policy

Area as it relates to the relatively uniform setbacks from road frontages;

2. By virtue of its position forward of the dwelling, the proposed carport

results in an unreasonable intrusion and visual impact on the streetscape and will dominate the visual appearance of the dwelling;

3. The construction of the carpark will result in a site coverage that

significantly exceeds that contemplated for residential sites within the Council Area; and

4. The proposal is considered to be at variance with the relevant

provisions of the City of Mitcham Development Plan consolidated 21 April 2016, in particular: Development Plan Policies Council Wide: Objectives: • 14 – in that it is of a form, appearance that does not complement

the dwelling by virtue of its roof pitch and erodes the open landscaped character of the zone and policy area.


10.1 12A BRANSON BOULEVARD PASADENA (CONTINUED) Principles of Development Control: • 18 – in that it does not have a set-back sufficient from road

boundaries to maintain an attractive streetscape appearance or complement the set-back of adjacent dwellings

• 23 – in that the car ports siting and design is visually intrusive with respect to adjoining properties and the streetscape.

• 26(c)(i) – in that is will create a total ground floor area that

exceeds 40% of the site. Residential Central Plains Zone: Objectives: • 2 – in that it creates setbacks and site coverage that are at odds

with the Desired Character of Residential (Central Plains) Policy Area 11 in that it results in a deterioration of streetscape character.

• 4 - in that the carport is not visually compatible with existing buildings and is incongruent with the streetscape character.

CARRIED

10.2 14 CHEVIOT AVENUE LOWER MITCHAM

DEVELOPMENT PROPOSAL: CONSTRUCT AN ATTACHED CARPORT FORWARD OF DWELLING

APPLICANT: MR PETER DOGGETT APPLICATION NO: 080/184/2017 ZONE: RESIDENTIAL (CENTRAL PLAINS)

ZONE / POLICY AREA 8 APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016


with the policies in the City of Mitcham Development Plan; and 2. REFUSES Development Plan Consent to the application by MR PETER

DOGGETT to CONSTRUCT AN ATTACHED CARPORT FORWARD OF A DWELLING at 14 CHEVIOT AVENUE, LOWER MITCHAM as detailed in Application No. 080/184/2017 on the following grounds:

1. Overall, the proposal is at odds with the Desired Character for the

Zone and Policy Area, particularly as it relates to the siting of carports;

2. By virtue of its location, the proposed carport will be out of character in the street; and


3. The proposal is considered to be at variance with the relevant provisions of the City of Mitcham Development Plan consolidated 21 April 2016, in particular: Development Plan Policies Council Wide: Objective 14: In that the development does not achieve the

desired character sought for new buildings within the Desired Character for Policy Area 8.

Principles of Development Control: Principle 3 (c): In that the reduced setback of the proposed

carport creates an intrusion in the consistent setback within Cheviot Street and diminishes the prevailing amenity of the streetscape.

Principle 18 (c): The carport setback is at distinct odds with

Table Mit/7 and does not maintain or provide an attractive streetscape appearance. In particular, the carport is built to the front boundary, located forward of the dwelling and does not achieve the average setback of the adjoining dwellings. Table Mit/7 also refers to carports being setback at least 1 metre behind the face of the dwelling.

Principle 150: It is considered that the proposed carport will

impair the amenity of the locality by way of built form with a setback that does not fit with the existing setbacks within the street.

Residential (Central Plains) Zone: Objective 1: The carport does not complement the

predominant streetscape character or existing pattern of development within the locality.

Objective 2: The carport is inconsistent with the Desired

Character for Policy Area 8 which supports new building forms that maintain the relatively uniform front setbacks from road frontages.

CARRIED


11. CONFIDENTIAL ITEMS

11.1 351 SHEPHERDS HILL ROAD BLACKWOOD

DEVELOPMENT PROPOSAL: CONSTRUCT TWO GROUP DWELLINGS, ALTERATIONS TO EXISTING DWELLING, CARPORT, MASONRY FRONT FENCE, EARTHWORKS GREATER THAN 9 CUBIC METRES & RETAINING WALL AND LAND DIVISION (1:3)

APPLICANT: MR J POWELL AND MS K POWELL APPLICATION NO: 080/1280/2016

080/1651/2016 ZONE: RESIDENTIAL (HILLS) ZONE APPLICATION TYPE: MERIT DEVELOPMENT PLAN: CONSOLIDATED 21 APRIL 2016

A. That pursuant to Section 56A(12)(a) of the Development Act 1993, the

Council Assessment Panel orders the public excluded, with the exception of Council staff, on the basis it will consider a matter of information relating to one or more of the following:

a. Information the disclosure of which could reasonably be expected

to prejudice the maintenance of law or the right to a fair trial; b. A matter that must be considered in confidence in order to ensure

that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence or other legal obligation or duty;

c. Legal advice; and/or d. Information relating to actual litigation, or litigation that the panel

believes on reasonable grounds will take place.

The disclosure of such information could compromise Council’s position in the matter. Accordingly, the Council Assessment Panel is satisfied that the desire to conduct the meeting in a place open to the public is on the occasion outweighed by the need to keep the information and discussion confidential.

B. Pursuant to Section 56A(16) of the Development Act 1993, the Council

Assessment Panel order the minutes be kept in confidence until such time that a decision on the matter has been made by the Environment, Resources and Development Court.

C. That the agenda be made public, but reports, plans, and other

documentation received by the Council Assessment Panel shall remain in confidence until such time that a decision on the matter has been made by the Environment, Resources and Development Court.

CARRIED

THE MEETING MOVED INTO CONFIDENCE SO CONFIDENTIAL MATTERS COULD BE DISCUSSED


FOLLOWING DISCUSSION OF CONFIDENTIAL MATTERS, THE MEETING MOVED OUT OF CONFIDENCE

12. OTHER BUSINESS • The Panel thanked the staff for the efforts in preparing the agenda.

13. ASSESSMENT MANAGER REPORT

Nil

14. STRATEGY AND POLICY CONSIDERATIONS Meeting Date Issue 7/12/2017 Nil to be noted

15. CLOSE There being no further business, the meeting closed at 7.58pm

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