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Minutes

of the

DEVELOPMENT ASSESSMENT PANEL

of the

CITY OF WEST TORRENS

held in the George Robertson Room, Civic Centre

165 Sir Donald Bradman Drive, Hilton

on

TUESDAY, 13 OCTOBER 2015 at 5.00 PM

Declan Moore Chief Executive Officer (Acting)

DEVELOPMENT ASSESSMENT PANEL 13 October 2015

I N D E X

1. MEETING OPENED ............................................................................................. 1

1.1 Evacuation Procedure .............................................................................. 1

2. PRESENT ............................................................................................................ 1

3. APOLOGIES ........................................................................................................ 1

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

5. DISCLOSURE STATEMENTS ............................................................................. 1

6. REPORTS OF THE CHIEF EXECUTIVE OFFICER ............................................. 2

6.1 7 Barnes Avenue, MARLESTON ............................................................... 2

6.2 17 Jervois Street, TORRENSVILLE .......................................................... 5

6.3 7 Salisbury Street, WEST RICHMOND ..................................................... 6

6.4 24 Birdwood Terrace, NORTH PLYMPTON - Land Use........................... 7

6.5 24 Birdwood Terrace, NORTH PLYMPTON - Land Division ................... 8

6.6 9 Press Road, BROOKLYN PARK ............................................................ 9

6.7 22 Press Road, BROOKLYN PARK ........................................................ 10

6.8 39 & 41 Glenburnie Terrace, PLYMPTON .............................................. 10

6.9 5 Holt Street, NETLEY ............................................................................. 12

6.10 282-290 Henley Beach Road, UNDERDALE........................................... 13

6.11 27 Brooklyn Avenue, BROOKLYN PARK .............................................. 15

6.12 5 McLachlan Avenue, NOVAR GARDENS ............................................. 16

6.13 120 North Parade, TORRENSVILLE ....................................................... 17

6.14 74 Marion Road, BROOKLYN PARK ...................................................... 18

6.15 4 Eltham Court, FULHAM ........................................................................ 19

6.16 452 Henley Beach Road, LOCKLEYS ..................................................... 20

6.17 115 & 115A George Street, THEBARTON .............................................. 21

7. CONFIDENTIAL REPORTS OF THE CHIEF EXECUTIVE OFFICER ............... 22

7.1 4 Arcoona Avenue, LOCKLEYS - CONFIDENTIAL ................................ 22

7.2 1 Hinton Street, UNDERDALE - CONFIDENTIAL ................................... 23

8. SUMMARY OF COURT APPEALS ................................................................... 23

8.1 Summary of Court Appeals .................................................................... 23

9. MEETING CLOSE ............................................................................................. 23

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 1 1. MEETING OPENED

The Presiding Member declared the meeting open at 5:03pm. 1.1 Evacuation Procedure The evacuation procedures were read out to the gallery by the Presiding Member. 2. PRESENT

Panel Members: M Doherty (Presiding Member) G Nitschke T Polito C Dunn W Stokes J Strange Officers: J Lennon (Manager City Development) T Kelly (Coordinator City Development) A Williams (Senior Development Officer) Z Delmenico (Senior Development Officer) J Walters (Development Officer) 3. APOLOGIES

Panel Members: K McKay Officers: D Moore (Deputy Chief Executive Officer) 4. CONFIRMATION OF MINUTES

RECOMMENDATION That the Minutes of the meeting of the Panel held on 8 September 2015 be confirmed as a true and correct record. DEVELOPMENT ASSESSMENT PANEL DECISION MOVED G Nitschke SECONDED J Strange that the recommendation be adopted. 5. DISCLOSURE STATEMENTS

Nil

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 2 6. REPORTS OF THE CHIEF EXECUTIVE OFFICER

6.1 7 Barnes Avenue, MARLESTON Application No. 211/349/2015 Appearing before the Panel will be:

Representors: Harrison Prestwood of 9B Barnes Avenue, Marleston did not appear in

support of the representation. Ryan Koch of 9A Barnes Avenue, Marleston appeared in support of the

representation. Applicant: Alex Lee of 7 Barnes Avenue, Marleston appeared to respond to

representations. RECOMMENDATION 1

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/349/2015 by Alex Lee to undertake the demolition of existing verandah and outbuildings, alterations to an existing dwelling, construction of a carport associated with an existing dwelling and a residential flat building containing two (2) two storey dwellings & associated garages, removal of one (1) regulated Eucalyptus cladocalyx (Sugar Gum) and pruning of one (1) regulated Eucalyptus camaldulensis (River Red Gum) at No. 7 Barnes Avenue, Marleston (CT 5716/285) subject to the following conditions: 1. That the development must be undertaken and maintained in accordance with the plans

and information detailed in this application except where varied by any conditions listed below.

2. Prior to the issue of Development Approval the proposed stormwater connection through the verge must be relocated to the 1 metre by 1 metre area on the northern side of the driveway and pass perpendicularly through the verge.

3. The development must be carried out in accordance with Pre-Development Arboricultural Assessment and Report, Prepared by Mark Elliott Ref: TATSME00201 - 12/04/2015 insofar as relevant to the existing River Red Gum (Eucalyptus camaldulensis).

4. The pruning of the existing River Red Gum (Eucalyptus camaldulensis) shall be carried out

by a qualified Arborist in accordance with the guidelines as stated by Australian Standards, AS 4273-2007 “Pruning of Amenity Trees”. - 7.2: Crown Maintenance; and - 7.3: Crown Modification.

5. That all stormwater design and construction must 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 and for this purpose stormwater drainage must not at any time:-

a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 3 6. That any retaining walls must be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm.

7. That all driveways, parking and manoeuvring areas must be formed, surfaced with concrete, bitumen or paving prior to occupation of the dwelling, and be properly drained, and maintained in a reasonable condition at all times.

8. Prior to occupation of the dwellings, all planting and landscaping must be completed and be maintained in reasonable condition at all times. Any plants that become diseased or die must be replaced with a suitable species.

9. That the obscure glazing nominated on the approved plans must be fitted prior to occupation of the building. The glazing in these windows must be maintained in reasonable condition at all times.

10. Council requires one (1) business day’s notice of the following stages of building work: Commencement of building work on site Commencement of placement of any structural concrete Completion of wall and roof framing prior to the installation of linings Completion of building work

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. RECOMMENDATION 2

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent and Land Division Consent for Application No. 211/1143/2014 by Alex Lee C/- Lock Surveys to undertake a Land Division - Torrens title DAC No- 211/D146/14 Create One (1) additional allotment at No. 7 Barnes Avenue, Marleston (CT 5716/285) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Lock Surveys,

Reference 14065DP dated 16/9/15, relating to Development Application No. 211/1143/2014 (DAC 211/D146/14).

LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. Prior to the issue of Section 51 Clearance to this division approved herein:

• all existing buildings (other than those to be constructed or retained under Development Application 211/349/2015) must be removed)

• The residential sole occupancy units (Class 1A – dwellings, townhouses etc & Class 2

– flats, units, apartments etc) are required to be fire separated in accordance with Part 3.7.1.8 of the BCA, or Appendix F.3 of the South Australian Housing Code.

Evidence must be submitted to Council to verify compliance with the above (attached is a form to be completed demonstrating the required compliance);

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 4

If the fire separation does not exist, an application for Building Rules Consent under the Development Act 1993 shall be lodged with Council (or Private Certifier) and Development Approval shall be issued prior to the commencement of building work. A Schedule 19A – Statement of Compliance from the builder (building supervisor), shall be submitted to Council upon completion of the work.

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. The financial requirements of SA Water Corporation shall be met for the provision of water

supply and sewerage services (SA Water H0025398). 3. Payment of $6488 into the Planning and Development Fund (1 allotments @

$6488.00/allotment). Payment may be made by credit card via the internet at www.edala.sa.govau or by phone (8303 0724), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person, at Level 5, 136 North Terrace, 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.


The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent and Land Division Consent for Application No. 211/471/2015 by Alex Lee C/- Lock Surveys to undertake a Land division - Community title DAC No- 211/C051/15 Create One (1) additional allotment at No. 7 Barnes Avenue, Marleston (CT 5716/285) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Lock Surveys,

Reference 14065CP relating to Development Application No. 211/471/2015 (DAC 211/C051/15).

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 5 6.2 17 Jervois Street, TORRENSVILLE Application No. 211/634/2015 Appearing before the Panel will be: Representors: Nicholas Carubia appeared on behalf of Anthony & Maria Zafiropoulos

of 70 Carlton Parade, Torrensville in support of the representation. Applicant/s: Natalie Dunning of 17 Jervois Street, Torrensville appeared to respond to

the representation. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/634/2015 by Natalie Dunning to undertake the demolition of existing outbuilding and verandah and part demolition of existing dwelling, and the construction of dwelling additions and alterations, an attached carport and a freestanding outbuilding and carport at 17 Jervois Street, Torrensville (CT 5129/302) subject to the following conditions: 1. That the development must be undertaken and maintained in accordance with the plans and

information detailed in this application except where varied by any conditions listed below. 2. With the exception of the front of the carport, the carport approved herein must not be clad

and therefore kept as open sided structures at all times. 3. That all stormwater design and construction must 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 and for this purpose stormwater drainage shall not at any time:-

a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways; or e) Result in any stormwater connection through the verge to be located any closer than

one (1) metre from an existing / proposed crossover.

4. That all driveways, parking and manoeuvring areas must be formed, surfaced with concrete, bitumen or paving, and be properly drained, and must be maintained in reasonable condition at all times.

5. Council requires one (1) business day's notice of the following stages of building work:

• Commencement of building work on site. • The commencement of placement of any structural concrete. • The completion of wall and roof framing prior to the installation of linings. • Completion of building work.


DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 6 6.3 7 Salisbury Street, WEST RICHMOND Application No. 211/469/2015 Appearing before the Panel will be: Representors: Adam Gurney of 9 Salisbury Street did not appear in support of the

representation. Applicant/s: Colin Kearvell of Softec Homes did not appear to respond to

representations. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/469/2015 by Colin Kearvell to undertake the construction of two (2) two-storey dwellings each with a double garage under the main roof at 7 Salisbury Street, West Richmond (CT 5367/258) subject to the following conditions: Council Conditions 1. That the development must be undertaken and maintained in accordance with the plans

and information stamped with Development Plan Consent on 13 October 2015 as detailed in this application except when varied by any condition(s) listed below.

2. That all stormwater design and construction must 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 and for this purpose stormwater drainage shall not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways. 3. That any retaining walls will be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm.

4. That all driveways, parking and manoeuvring areas must be formed, surfaced with concrete, bitumen or paving, and be properly drained, and must be maintained in reasonable condition at all times.

5. That all planting and landscaping must be completed prior to the occupancy of this development and be maintained in reasonable condition at all times. Any plants that become diseased or die must be replaced with a suitable species.

6. That the upper level windows on the side elevations of the dwellings approved herein must be provided with fixed obscure glass to a minimum height of 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties, prior to occupation of the building. The glazing in these windows must be maintained in reasonable condition at all times.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 7 7. Council requires one business day’s notice of the following stages of building work:

Commencement of building work on site Commencement of placement of any structural concrete Completion of wall and roof framing prior to the installation of linings Completion of building work

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.4 24 Birdwood Terrace, NORTH PLYMPTON - Land Use Application No. 211/682/2015 Appearing before the Panel will be: Representors: Renee Scott of 45 Talbot Avenue appeared in support of the

representation. Applicant/s: Jim Diamanti of Diamanti Designs appeared to respond to

representations. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/682/2015 by Diamanti Designs to undertake construction of three (3) two storey dwellings each including a double garage under the main roof at 24 Birdwood Terrace, North Plympton (CT 5665/322) subject to the following conditions: Council Conditions 1. That the development must be undertaken and maintained in accordance with the plans

and information stamped with Development Plan Consent on 13 October 2015 as detailed in this application except when varied by any condition(s) listed below.

2. That all stormwater design and construction must 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 and for this purpose stormwater drainage must not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways. 3. That any retaining walls must be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm. 4. That all driveways, parking and manoeuvring areas must be formed, surfaced with

concrete, bitumen or paving, and be properly drained, and must be maintained in reasonable condition at all times.

5. That all landscaping must be completed prior to the occupancy of the development. Any

person(s) who have the benefit of this approval must cultivate, tend and nurture the landscaping, and must replace any landscaping which may become diseased or die.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 8 6. That the upper level side and rear windows of the dwellings, and the upper level front

façade windows of Dwellings 2 and 3, must be provided with fixed obscure glass to a minimum height of 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties, prior to occupation of the building. The glazing in these windows must be maintained in reasonable condition at all times.

7. Council requires one business day’s notice of the following stages of building work:


DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.5 24 Birdwood Terrace, NORTH PLYMPTON - Land Division Application No. 211/1109/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/1109/2015 by Total Voice & Data Pty Ltd to undertake a Community Title land division (DAC No. 211/C144/15) to create two (2) additional allotments at 24 Birdwood Terrace, North Plympton (CT 5665/322) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Bleeze Neale &

Associates (BNA) relating to Development Application No. 211/1109/2015 (DAC 211/C144/15).

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: Nil LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. That prior to the issue of section 51 clearance to this division approved herein, the existing

dwelling and all ancillary structures shall be removed from proposed allotment(s) 1, 2 and 3.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 9 DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services (SA Water H0037303). For SA Water to proceed with assessment of this application, the developer will need to advise SA Water their preferred servicing option. Information can be found at: http://www.sawater.com.au/developers-and-builders/building/-developing-and-renovating-your-property/subdividing/community-title-development-factsheets-and -information. For queries please contact SA Water Land Developments on 7424 1119. An investigation will be carried out to determine if the connection/s to your development will be costed as standard or non-standard.

3. Payment of $12,976.00 into the Planning and Development Fund (2 allotment(s) @




DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.6 9 Press Road, BROOKLYN PARK Application No. 211/668/2015 RECOMMENDATION The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/668/2015 by Erthma Investments Pty Ltd C/- Zaina Stacey Development to undertake a Land Division - Torrens title DAC No- 211/D080/15 Create One (1) additional allotment at 9 Press Road, Brooklyn Park (CT 5324/913) for the following reasons: 1. The proposed development is contrary to:

General Section, Land Division Objective 1 and Principle of Development Control 5. Reason: The allotments are not appropriate for their intended residential use as residential development is unacceptable under Australian Standard AS2021 - Acoustics - Aircraft Noise Intrusion - Building, Siting and Construction and the proposed land division would result in the intensification of residential development if approved.

General Section, Building Near Airfields, Principle of Development Control 6

Reason: The proposed land division is in an area affected by aircraft noise and is not consistent with Australian Standard AS2021 - Acoustics - Aircraft Noise Intrusion - Building, Siting and Construction.


http://www.edala.sa.govau/

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 10 6.7 22 Press Road, BROOKLYN PARK Application No. 211/828/2015 RECOMMENDATION The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/828/2015 by Spitz Pty Ltd C/- Cavallo Forest & Associates to undertake a Land Division - Torrens Title DAC No.- 211/D098/15 Create One (1) Additional Allotment at 22 Press Road, Brooklyn Park (CT 5288/806) for the following reasons: 1. The proposed development is contrary to:

General Section, Land Division Objective 1 and Principle of Development Control 5. Reason: The allotments are not appropriate for their intended residential use as residential development is unacceptable under Australian Standard AS2021 - Acoustics - Aircraft Noise Intrusion - Building, Siting and Construction and the proposed land division would result in the intensification of residential development if approved.

General Section, Building Near Airfields, Principle of Development Control 6

Reason: The proposed land division is in an area affected by aircraft noise and is not consistent with Australian Standard AS2021 - Acoustics - Aircraft Noise Intrusion - Building, Siting and Construction.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.8 39 & 41 Glenburnie Terrace, PLYMPTON Application No. 211/400/2015 & 211/993/2015 RECOMMENDATION 1

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/400/2015 by Justin Buckley & Justine Johnson Ltd to undertake the Construction of two (2) two storey semi-detached dwellings associated garages, new garage, portico and alterations associated with an existing dwelling, and a masonry fence exceeding 1 metre in height at 39 & 41 Glenburnie Terrace, Plympton (CT 5039/180-182) subject to the following conditions: 1. That the development will be undertaken and maintained in accordance with the plans and

information detailed in this application except when varied by any conditions listed below.

2. Prior to the issue of Development Approval:

a) Certificate of Titles Volume 5039 Folios 180-182 must be consolidated or separate titles must be issued for each respective allotment in accordance with the plans approved herein.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 11 3. That all stormwater design and construction must be in accordance with Australian


public ways.

4. That any retaining walls must be designed to accepted engineering standards, and not of timber construction if retaining a difference in ground level exceeding 200mm.

5. That all driveways, parking and manoeuvring areas must be formed, surfaced with concrete, bitumen or paving prior to occupation of the dwelling, and be properly drained, and maintained in a reasonable condition at all times.

6. Prior to occupation of the dwellings, all planting and landscaping must be completed within and must be maintained in reasonable condition at all times. Any plants that become diseased or die must be replaced with a suitable species.

7. That the upper level north, east and south-facing windows of the dwellings must be provided with fixed obscure glass to a minimum height of at least 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties, prior to occupation of the building. The glazing in these windows must be maintained in reasonable condition at all times.

8. Council requires one (1) business day’s notice of the following stages of building work:



The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent and Land Division Consent for Application No. 211/993/2015 by Justin Buckley C/- Donaghey Surveyors to undertake Land division - Torrens Title DAC No: 211/D121/15 Create two (2) additional allotments at 39 & 41 Glenburnie Terrace, Plympton (CT 5039/180-182) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Donaghey

Surveyors, REF: F190315, relating to Development Application No. 211/993/2015 (DAC 211/D121/15).

2. A party wall easement shall be created between proposed allotments 1 & 2 to allow for the

existing shared wall between the existing dwellings.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 12 LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. Prior to the issue of Section 51 Clearance to this division approved herein:

• all existing buildings (other than those to be constructed or retained under Development Application 211/400/2015) must be removed, note that the removal shall be subject to a separate development approval).

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 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. An investigation will be carried out to determine if the connection/s to your development will be costed as standard or non-standard. 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 $12,976 into the Planning and Development Fund (2 allotments @




DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.9 5 Holt Street, NETLEY Application No. 211/758/2015 RECOMMENDATION The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/758/2015 by N. Michalopoulos to undertake construction of a garage/outbuilding associated with an existing dwelling at 5 Holt Street, Netley (CT 5334/429) for the following reasons: 1. The proposed development is contrary to:

General Section, Design and Appearance, Principle of Development Control 3(b).

Reason: Side boundary walls should be limited in length to minimise the visual impact from the adjoining properties.

General Section, Residential Development, Principle of Development Control 16.

Reason: The proposed outbuilding/garage exceeds the maximum size and maximum length along the boundary.


Zone Section, Residential Zone, Principle of Development Control 12. Reason: Side boundary walls should be limited in length to minimise the visual impact from the adjoining properties.

Zone Section, Residential Zone, Principle of Development Control 13(a) and (b).

Reason: The proposed outbuilding/garage should be located immediately abutting the wall of an existing building on the adjoining site and have a maximum length of 8 metres.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.10 282-290 Henley Beach Road, UNDERDALE Application No. 211/980/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/980/2015 by Shahin Properties Pty Ltd to undertake the replacement of two (2) existing internally illuminated pylon signs each with a light-emitting diode (LED) display associated with an existing service station complex at 282-290 Henley Beach Road, Underdale (CT 5803/781) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans and

information stamped with Development Plan Consent on 13 October 2015 as detailed in this application except where varied by any condition(s) listed below.

DPTI Conditions 1. The signage herein approved shall be relocated to the satisfaction of DPTI at no cost to

DPTI should land be required for road purposes in the future. 2. The signs shall not contain any element of LED or LCD display, except for the fuel prices,

which shall be limited to static white text on a black background only. 3. No element of the signs shall flash, scroll, move or change, with the exception of the fuel

prices, which may change on an infrequent basis. 4. The change of fuel prices shall be instantaneous (i.e. less than 0.1 seconds). 5. The operational system for any electronic signage on the site shall incorporate an

automatic error detection system which will turn the display off or to a blank, black screen should the screen or system malfunction.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 14 6. The illuminated pylon signs shall not be permitted to operate in such a manner that could

result in impairing the ability of a road user by means of high levels of illumination or glare. The following luminance levels shall be incorporated into an automatic stepped dimming system:

7. The separation between the sign and the line of sight for south bound motorists to the

signal lanterns shall be maximised so as to minimise the likelihood of confusion for motorists.

8. The utilisation of Trailer Mounted Variable Message Displays for advertising purposes shall

not be permitted on or adjacent to the subject land. DPTI Advices The Metropolitan Adelaide Road Widening Plan shows a possible requirement for a strip of land up to 4.5 metres in width from the Henley Beach Road and Holbrooks Road frontages of this site, together with extra land at the comer, for the future upgrading of the Henley Beach Road/Holbrooks Road intersection. 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 possible requirement. The proposed signage is located within the possible requirement. Due to the nature of the proposed development, the consent of the Commissioner of Highways is hereby granted subject to DPTI directed condition 1. DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted.

Ambient Conditions Sign Illuminance Vertica Component (Lux) Sign Luminance (Cd/m²) Max

Sunny Day 40000 6300

Cloudy Day 4000 1100

Twilight 400 300

Dusk 40 200

Night <4 200

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 15 6.11 27 Brooklyn Avenue, BROOKLYN PARK Application No. 211/829/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/829/2015 by Alexander Paul Secker to undertake Land division - Community title DAC No- 211/C102/15 Create One (1) additional allotment at 27 Brooklyn Avenue, Brooklyn Park (CT 5682/35) for the following reasons: 1. The proposed development is contrary to

Residential Zone - Principle of Development Control 5 Reason: The development is not consistent with the desired character of the policy area.

Residential Policy Area 20- Principle of Development Control 2

Reason: The development is not consistent with the desired character of the policy area.

Residential Zone - Principle of Development Control 3

Reason: The size of the proposed Allotment 702 is less than 340 square metres as specified within the Principle of Development Control.

DEVELOPMENT ASSESSMENT PANEL DECISION The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Approval for Application No. 211/829/2015 by Alexander Paul Secker to undertake Land division - Community title DAC No- 211/C102/15 Create One (1) additional allotment at 27 Brooklyn Avenue, Brooklyn Park (CT 5682/35) subject to the following conditions: Development Plan Consent Council Conditions:

1. Development is to take place in accordance with the plans prepared by State Surveys relating to Development Application No. 211/829/2015 (DAC 211/C102/15)

Land Division Consent Council Conditions: 1. Prior to the issue of Section 51 Clearance to this division approved herein:

• All building works approved in association with 211/1285/2014 shall be completed and a fully authorised Certificate of Completion received.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 16 Development Assessment Conditions: 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

An investigation will be carried out to determine if the water and/or sewer connection/s to your development will be costed as standard or non-standard

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 $6,488.00 shall be made into the Planning and Development Fund (1

allotment@$6,488.00/allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (8303 0724), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person , at Level 5, 136 North Terrace, Adelaide


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.

6.12 5 McLachlan Avenue, NOVAR GARDENS Application No. 211/753/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/753/2015 by Tobin Niehuus to undertake Land division - Torrens title DAC No- 211/D093/15 Create One (1) additional allotment at 5 McLachlan Avenue, Glenelg North (CT 5662/641) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared Bartlett Drafting &

Development relating to Development Application No. 211/753/2015 (DAC 211/D093/15) DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: Nil

mailto:allotment@$6,488.00/allotment

http://www.edala.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 17 LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. Prior to the issue of Section 51 Clearance to this division approved herein:

• All existing structures and buildings on the land (with the exception of the existing dwelling) shall be removed from the subject land (note the demolition of the buildings will require a separate development approval)

• The significant tree (Agonis Flexuosa) shall be removed (note that the removal shall be subject to a separate development approval).

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. The financial requirements of SA Water shall be met for the provision of water supply and







DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.13 120 North Parade, TORRENSVILLE Application No. 211/897/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/897/2015 by D’Andrea & Associates (SA) Pty Ltd to undertake additions and alterations to an existing residential flat building including the construction of an additional dwelling unit, alterations to the front elevation and construction of two carports at 120 North Parade, Torrensville (CT 5270/932) subject to the following conditions: Council Conditions 1. That the development must be undertaken and maintained in accordance with the plans

and information detailed in this application except where varied by any condition(s) listed below.



DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 18 2. That the finished floor levels of the additions approved herein must match those of the

existing building. 3. That all stormwater design and construction must be in accordance with Australian


public ways. 4. That all driveways, parking and manoeuvring areas must be formed (surfaced with

concrete, bitumen or paving) and properly drained, and must be maintained in a reasonable condition at all times.

5. That all carparking spaces must be linemarked, in accordance with the approved plans and

in accordance with Australian Standard 2890.1, 2004 Parking Facilities, Part 1, Off Street Carparking, prior to the occupation of the proposed development. Linemarking and directional arrows must be clearly visible at all times.

6. That the carports (at the rear of the site) approved herein must not be enclosed and

therefore kept as an open structure at all times. For this purpose, any works to enclose the sides or rear will require a separate application to Council.

7. That lighting must be provided along the common walkway and directed and screened so

that overspill of light into the nearby premises is avoided. 8. That all landscaping must be planted in accordance with the approved plans prior to the

occupancy of the development. Any person(s) who have the benefit of this approval must cultivate, tend and nurture the landscaping, and must replace any landscaping which may become diseased or die.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.14 74 Marion Road, BROOKLYN PARK Application No. 211/299/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/299/2015 by Aref Ahmadi for the division of land creating two community development lots and common property from one existing Torrens Title allotment at 74 Marion Road (CT 6039/725) for the following reasons: 1. The proposed development is contrary to:

Residential Policy Area 21 Objective 1

Reason: The proposal will not contribute to the desired character for the policy area.


Residential Policy Area 21 Principle of Development Control 2 Reason: The proposal is not consistent with the desired character for the policy area.

Residential Policy Area 21 Principle of Development Control 3

Reason: The proposal division will not satisfy the minimum site areas.

General Section Land Division Principle of Development Control 2 & 5 Reason: The size of the allotments makes them unsuitable for their intended use

General Section Land Division Principle of Development Control 7(f)

Reason: The creation of the proposed allotments is deemed incompatible with the prevailing pattern of development in the locality

General Section Residential Principle of Development 31 Reason: The siting and area of the private open space is insufficient to provide amenity and function for the existing dwelling.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.15 4 Eltham Court, FULHAM Application No. 211/1041/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/1041/2015 by Paul Condessa to undertake a Torrens Title division of land creating two Torrens Title allotments from one existing Torrens Title allotment at 4 Eltham Court, Fulham (CT 5276/998) subject to the following conditions: Development Plan Consent Council Conditions:

1. Development is to take place in accordance with the plans prepared by Cavallo Forest & Associates relating to Development Application No. 211/1041/2015 (DAC 211/D118/15)

Land Division Consent Council Conditions: 1. Prior to the issue of Section 51 Clearance to this division approved herein:

• All existing structures and buildings on the land (i.e. the existing dwelling and outbuildings) shall be removed from the subject land (note the demolition of the buildings will require a separate development approval)

Development Assessment Conditions: 2. The financial requirements of SA Water shall be met for the provision of water supply and



An investigation will be carried out to determine if the water and/or sewer connection/s to your development will be costed as standard or non-standard






DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 6.16 452 Henley Beach Road, LOCKLEYS Application No. 211/297/2015 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/297/2015 by Karidis Corporation to undertake the installation of a sign advertising an aged care facility for a period of three years at 452 Henley Beach Road (CT 5213/662) subject to concurrence from the Development Assessment Commission and the following conditions: 1. That the development must be undertaken and maintained in accordance with the plans

and information stamped with Development Plan Consent as detailed in this application except when varied by any conditions listed below.

2. That the signs, herein approved, must be maintained in good repair with all words and

symbols being clearly visible at all times.

3. That the signs approved herein must be removed within 2 weeks of the final sale of the retirement accommodation being advertised or within 3 years of the date that this Development Approval is granted, whichever event occurs first.

4. Council will require one business day’s notice of the COMMENCEMENT and COMPLETION of the building work on the site.




DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 21 6.17 115 & 115A George Street, THEBARTON Application No. 211/496/2015 & 211/806/2013 RECOMMENDATION 1 - 211/496/2015

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Plan Consent for Application No. 211/685/2013 by R Roccioletti to construct one single-storey detached dwelling with garage under main roof and construct two carports for the existing dwellings at 115 and 115A George Street, Thebarton (CT 6054/372 and 5836/45) for the following reasons:

1. The proposed development is contrary to Residential Zone, Policy Area 22 Objective 1, Form and Character, Principles of

Development Control 1 & 2 Reason: The development is not consistent with the desired character and does not meet the minimum site area specified for the policy area.

General Residential Section, Principle of Development Control 23

Reason: The proposal fails to meet minimum rear setbacks. General Residential Section, Principle of Development Control 31 & 33

Reason: The proposal has not been designed with inadequate private open space all dwellings with private open space which has a southerly aspect, is significantly shaded during winter, does not meet minimum dimensions and therefore fails to provide a reasonable standard of amenity for future occupants.

General Transportation and Access, Principle of Development Control 7 Reason: The proposal is not provided appropriate vehicle access arrangements.

General Land Division, Principle of Development Control 33 Reason: The proposal is not provided with an independent visitor parking space.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. RECOMMENDATION 2 - 211/806/2013

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Plan Consent for Application No. 211/806/2013 by R. Roccioletti to undertake Community Title Land division (DAC No. - 211/C091/13) - Create one (1) additional allotment at 115 and 115A George Street, Thebarton (CT 6054/372 & 5836/45) for the following reasons: General Land Division Section, Principle of Development Control 5 & 8

Reason: The proposal fails result in allotments that adequately meet their intended use and will have major detrimental amenity impact to the existing dwellings

Residential Policy Area 22 Objective 1, Form and Character, Principles of Development

Control 1 & 2 Reason: The development is not consistent with the desired character and does not meet the minimum site area specified for the policy area.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 22 DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 7. CONFIDENTIAL REPORTS OF THE CHIEF EXECUTIVE OFFICER

7.1 4 Arcoona Avenue, LOCKLEYS - CONFIDENTIAL Application No. 211/993/2014 Reason for Confidentiality It is recommended that this Report be considered in CONFIDENCE in accordance with Section 56A (12) (a) of the Development Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(vii) matters 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;

(viii) legal advice as this matter is before the Environment Resources and Development Court and it is a requirement of the Court that matters are kept confidential until such time as a compromise is reached or the matter proceeds to a hearing. RECOMMENDATION That: 1. On the basis that this matter is before the Environment Resources and Development Court

so any disclosure would prejudice the position of Council, the Development Assessment Panel orders pursuant to Section 56A(12)(a) of the Development Act 1993, that the public, with the exception of the Deputy CEO, Manager City Development, Co-ordinator Development, Development Officer - Planning, Administrative Assistants, and other staff so determined, be excluded from attendance at so much of the meeting as is necessary to receive, discuss and consider in confidence, information contained within the confidential reports submitted by the Chief Executive Officer.

2. At completion of the confidential session the meeting be re-opened to the public. DEVELOPMENT ASSESSMENT PANEL DECISION MOVED G Nitschke SECONDED W Stokes that the recommendation be adopted. CARRIED 6:15pm the meeting moved into Confidence 6:17pm the Confidential session closed and the meeting reopened to the public. Note: The Confidential Minutes are kept separately from this document.

DEVELOPMENT ASSESSMENT PANEL 13 October 2015 Page 23 7.2 1 Hinton Street, UNDERDALE - CONFIDENTIAL Application No. 211/437/2014 Reason for Confidentiality It is recommended that this Report be considered in CONFIDENCE in accordance with Section 56A (12) (a) of the Development Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(vii) matters 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;

(viii) legal advice as this matter is before the Environment Resources and Development Court and it is a requirement of the Court that matters are kept confidential until such time as a compromise is reached or the matter proceeds to a hearing. RECOMMENDATION That: 1. On the basis that this matter is before the Environment Resources and Development Court

so any disclosure would prejudice the position of Council, the Development Assessment Panel orders pursuant to Section 56A(12)(a) of the Development Act 1993, that the public, with the exception of the Deputy CEO, Manager City Development, Co-ordinator Development, Development Officer - Planning, Administrative Assistants, and other staff so determined, be excluded from attendance at so much of the meeting as is necessary to receive, discuss and consider in confidence, information contained within the confidential reports submitted by the Chief Executive Officer.

2. At completion of the confidential session the meeting be re-opened to the public. DEVELOPMENT ASSESSMENT PANEL DECISION MOVED J Strange SECONDED C Dunn that the recommendation be adopted. CARRIED 6:18pm the meeting moved into Confidence 6:20pm the Confidential session closed and the meeting reopened to the public. Note: The Confidential Minutes are kept separately from this document. 8. SUMMARY OF COURT APPEALS

8.1 Summary of Court Appeals RECOMMENDATION The Development Assessment Panel receive and note the information. DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation be adopted. 9. MEETING CLOSE

The Presiding Member declared the meeting closed at 6:21pm.

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