notice of meeting of meeting notice is hereby given to his worship the mayor and councillors that...

NOTICE OF MEETING

Notice is hereby given to His Worship the Mayor and Councillors that the next meeting ofDevelopment Assessment Panel will be held in the Alexandrina Community Chambers

“Wal Yuntu Warrin”11 Cadell Street, Goolwa on 16 August 2012

commencing at 11:00 am

Your attendance is requested.

Don DonaldsonChairperson

7 August 2012

ALEXANDRINA COUNCIL

AGENDA FOR THE DEVELOPMENT ASSESSMENT PANEL MEETINGTO BE HELD ON 16 AUGUST 2012 AT 11:00 AM

IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN",GOOLWA

TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

CONFLICT OF INTEREST ............................................................................................................ 1ITEM 1. CONFIRMATION OF MINUTES................................................................................ 12. CATEGORY 3 DEVELOPMENT APPLICATIONS............................................................... 2

2.1 455/1034/11 - TX Australia........................................................................................ 23. CATEGORY 2 DEVELOPMENT APPLICATIONS............................................................... 94. OTHER DEVELOPMENT APPLICATIONS ......................................................................... 9

4.1 455/D012/12 - FHS Keach ...................................................................................... 105. ENVIRONMENT, RESOURCES & DEVELOPMENT COURT APPEALS ......................... 266. MATTERS FOR POLICY REVIEW.................................................................................... 267. GENERAL BUSINESS ...................................................................................................... 268. NEXT MEETING................................................................................................................ 26

Alexandrina Council

Development Assessment Panel Page 1 of 28Agenda16 August 2012

REPORT AND AGENDAFOR THE DEVELOPMENT ASSESSMENT PANEL MEETING TO BE HELD ON

16 AUGUST 2012IN THE COMMUNITY CHAMBERS

COMMENCING AT 11:00 AM

PRESENT

APOLOGIES Rosemary Sage

IN ATTENDANCE

CONFLICT OF INTEREST

Alexandrina Development Assessment Panel Members are reminded of therequirements for disclosure by Members of direct or indirect personal or pecuniaryinterest in a matter listed for consideration on the Agenda.Section 56A of the Development Act 1993 requires that any Member declares anyinterest and provide full and accurate details of the relevant interest to the Panelprior to consideration of that item on the Agenda.

Each Member of the Development Assessment Panel has a duty to vote at allmeetings unless excepted by legislation.

The major exception being where a Member has a conflict of interest.

All discussion and consideration of decisions about development applicationsbefore Council’s Development Assessment Panel will be made in public unless

otherwise determined by the Panel in accordance with Section 56A(12) (b) of theDevelopment Act 1993.

1. CONFIRMATION OF MINUTES

Minutes of the Alexandrina Council Development Assessment Panel held on 19July 2012.

RECOMMENDATION

That the minutes of the Alexandrina Council Development Assessment Panelheld on 19 July 2012 as circulated to members be received as a true andaccurate record.

Alexandrina Council


2. CATEGORY 3 DEVELOPMENT APPLICATIONS

2.1 455/1034/11 - TX Australia

SUMMARY TABLE

Date of Application 7 November 2011Subject Land Lot 4 Marchant Road, StrathalbynAssessment No. A 15714Relevant Authority Alexandrina CouncilPlanning Zone Residential Strathalbyn ZoneNature of Development Transmitting station comprising of three

antennas and associated equipment shelter.Type of Development Non-ComplyingPublic Notice Category 3Referrals N/ARepresentations Received 2Representations to be heard 2Date last inspected 18 May 2012Recommendation Development Plan Consent subject to

concurrence from the DevelopmentAssessment Commission

Originating Officer Andrew Houlihan

BACKGROUND

The General Manager of Planning and Development Services Departmentresolved to proceed with a full assessment of the Application under delegation onthe 21 May 2012.

REFER ATTACHMENT 2.1(a) (page 1)

THE PROPOSAL

Nature of Development

The application involves proposed the construction of a broadcast facilitycomprising of three antennas and an equipment shelter (non-complying) in theResidential Strathalbyn Zone.

…/cont.

Alexandrina Council


2.1 455/1034/11 - TX Australia (continued)

Principle of Development Control 29 within the Residential Strathalbyn Zonestates:

PDC 29: The following kinds of development are non-complying in theResidential (Strathalbyn) Zone:

Transmitting Station

On review of the definition of a transmitting station as contained in the MacquarieDictionary the proposed is considered to fall within the definition of a transmittingstation and therefore is required to be assessed as a non-complying form ofdevelopment.

Detailed Description

The proposed development aims to establish a broadcast facility to provide digitaltelevision coverage to the populace of Strathalbyn and surroundings.

The development application is seeking consent for a broadcast facility involvingthe construction of three antennas to orientate off a new pole structure that isproposed to be placed on the existing S.A. Water tower (23m high) to a maximumheight of 29.6m. The antennas also require an equipment shelter measuring 3.340metres x 4.0 metres with a height of 3.2 metres to be located on the site. Theproposed antenna is to be slightly higher than the existing antennas on the tower.

REFER ATTACHMENT 2.1(b) (page 4)

SITE & LOCALITY

The subject site is located at 23 Marchant Road, Strathalbyn, Title Volume 5929Folio 952. The site is a rectangular shaped allotment on the southern side ofMarchant Road, between Caldwell Street to the east and Elliot Street to the west.The site area is approximately 405 m², with a street frontage of 30.8 metres withside and rear boundaries measuring 30.48 metres.

The subject site is situated on a high point along Marchant Road and contains anexisting concrete water tower measuring approximately 24.50 metres high. Thewater tower contains an array of telecommunication equipment from a range ofproviders located on the tower. The site further contains two existingtelecommunication shelters on the eastern boundary of the site.

The surrounding area is predominately residential in nature and characterised bysingle-story detached dwellings. The adjacent land to the west has recently beensubdivided and is in the process of being developed for residential use.

…/cont.

Alexandrina Council



As the locality predominately displays residential development consisting of single-story detached dwellings the water tower is considered a dominating structure inthe locality given its height..

REFER ATTACHMENT 2.1(c) (page 105)

PUBLIC NOTIFICATION

Pursuant to Section 38 (5) of the Development Act 1993, the application wasplaced on Category 3 Public Notification and was advertised in the Southern Argusand The Times newspapers on the 5 July 2012 for a period of two weeks finishingon the 18 July 2012.

Upon expiry of the notification period two representations had been received.

The representors raised the following concerns;

- The danger of radiation and microwaves etc.,- Devaluation of property,- The form of development in a residential locality- Intended use of the structure- Visual impact of the proposed

REFER ATTACHMENT 2.1(d) (page 106)

The Applicant has provided a response to the representations as follows;

- The concerns raised are adequately addressed in the Statement of Effect- The location is considered the optimum location for coverage for the community

and allows appropriate co-location.- The electromagnetic field strength conforms to the relevant Australian

standards.- The visual impact will be minimal due to the height of the instillation and the

amount of existing infrastructure currently located on the tower.

REFER ATTACHMENT 2.1(e) (page 108)

REFERRALS

The application did not require any mandatory referrals to any State Governmentbody pursuant to Section 37 of the Development Act 1993, and Schedule 8 of theDevelopment Regulations 2008.

…/cont.

Alexandrina Council



ASSESSMENT ALEXANDRINA DEVELOPMENT PLAN

As the application was lodged on the 7th of November 2011. The DevelopmentPlan consolidated on the 3 June 2010 is the relevant edition for assessmentpurposes.

The following is an extract of the Objectives and Principles of Development Controlcontained within the Development Plan which are seen specifically relevant to thisDevelopment Application.

COUNCIL WIDE OBJECTIVES

Form of Development

Objective 1: Orderly and economic development.

Appearance of Land and Buildings

Objective 45: The amenity of localities not impaired by the appearance ofland, buildings, and objects.

Telecommunications Facilities

Objective 76: Telecommunications facilities provided to meet the needs of thecommunity.

Objective 77: Telecommunications facilities located and designed to minimisevisual impact on the amenity of the local environment.

COUNCIL WIDE PRINCIPLES OF DEVELOPMENT CONTROL

Form of Development

PDC 2: Development should be orderly and economic.

PDC 170:Development should take place on land which is suitable for theintended use of that land having regard to the location and condition ofthat land and the objectives for the zone in which it is located.


PDC 152:The appearance of land, buildings and objects should not impair theamenity or character of the locality in which they are situated.

…/cont.

Alexandrina Council



Telecommunications Facilities

PDC 306: Telecommunications facilities should:

(a) be located and designed to meet the communication needs of the community;

(b) utilise materials and finishes that minimise visual impact;

(c) have antennae located as close as practical to the support structure;

(d) primarily be located in industrial, commercial, business, office, centre, andrural zones;

(e) incorporate landscaping to screen the development, in particular equipmentshelters and huts; and

(f) be designed and sited to minimise the visual impact on the character andamenity of the local environment, in particular visually prominent areas, mainfocal points or significant vistas.

PDC 307: Where technically feasible, co-location of telecommunications facilitiesshould primarily occur in industrial, commercial, business, office, centreand rural zones.

PDC 308: Telecommunications facilities in areas of high visitation and communityuse should utilise, where possible, innovative design techniques, suchas sculpture and art, where the facilities would contribute to thecharacter of the area.

PDC 309: Telecommunications facilities should only be located in residentialzones if sited and designed so as to minimise visual impact by:

(a) utilising screening by existing buildings and vegetation;

(b) where possible being incorporated into, and designed to suit thecharacteristics of an existing structure that may serve another purpose; and

(c) taking into account existing size, scale, context and characteristics of existingstructures, land forms and vegetation so as to complement the localenvironment.

PDC 310: Telecommunications facilities should not detrimentally affect thecharacter or amenity of Historic Conservation Zones or Policy Areas,Local Heritage Places, State Heritage Places, or State Heritage Areas.

…/cont.

Alexandrina Council



RESIDENTIAL ZONE STRATHALBYN

Objective 1: A zone primarily accommodating detached dwellings and othertypes of low density residential development, with medium-densityresidential development and supportive community, educational andrecreational facilities in appropriate locations.

PDC 1: Development other than for residential purposes or the provision ofcommunity, educational or recreational facilities should not beundertaken.

PDC 25: Buildings and structures should be designated with regard to scale,height and proportions, as well as external appearance, materials,colours, siting and landscaping to complement and enhance the positivecharacteristics of the locality.

COMMENTS

Although the Development Application is considered to be a non-complying form ofdevelopment pursuant to the Alexandrina Development Plan, the proposal isconsidered to be an orderly and economic form of development, due to the factthat the site hosts an array of telecommunication antennas and equipment locatedon and around the existing water tower.

The proposal would have minimal visual impact when positioned on the existingwater tower as surrounded by existing telecommunication infrastructure. Theinstallation should not adversely impact the visual setting of the area as it is co-locating with existing telecommunication services and alike.

The applicant has advised there would be limited vehicle movements to and fromthe site for construction and maintenance purposes.

The noise anticipated to be generated by the proposed facility would be generatedby the air conditioning units installed in the equipment shelter. The level of noiseemitted from the units is not dissimilar from to that of normal domestic airconditioners therefore unlikely to have a significant impact on the surroundingarea.

Although this form of development is generally not supported in a residential zonethe proposal can be considered essential public infrastructure required to meet theneeds of the community.

In relation to radiation/electromagnetic fields and alike the applicant advises theproposed development will conform to the relevant Australian Standards.

Alexandrina Council


…/cont.2.1 455/1034/11 - TX Australia (continued)

The proposal does not require the removal of native vegetation, as all works wouldbe within an existing cleared site. The proposal is not located near any main roadapproaches to the town or places and areas of heritage significance or bushfireprotection areas.

Given the above, and having regard to the statement of effect it is considered thedevelopment is not seriously at variance with the Alexandrina Development Plan.From this it is recommended that the Development Assessment panel resolves togrant planning consent to the application.

RECOMMENDATION

The Development Assessment Panel considers that the proposeddevelopment is not 'seriously at variance' with the Alexandrina DevelopmentPlan and resolve to grant planning consent to Development Application455/1034/11 for a Transmitting station comprising of three antennas andassociated equiptment shelter (Non-complying), subject to the followingCouncil conditions and notes and concurrance from the DevelopmentAssessment Commission.

COUNCIL CONDITIONS

1. All development shall be completed in accordance with the plan(s) anddocumentation submitted with and forming part of the DevelopmentApplication (Plans and supporting documentation received by Councilon the 7 November 2011, 3 May 2012 and the 25 June 2012) exceptwhere varied by the following condition(s).

Reason: To ensure the proposal is established in accordance with thesubmitted and approved plans.

2. The external finishes to the building or structure herein approved shallbe in accordance with the materials as specified in the application nowapproved.

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

3. All storm water drainage from the equipment shelter shall discharge sothat it does not flow or discharge onto land of adjoining owners or, inthe opinion of Council, detrimentally affect structures on this site or anyadjoining land.

Reason: To ensure storm water is disposed of in a controlled manner.

Alexandrina Council


…/cont.2.1 455/1034/11 - TX Australia (continued)

COUNCIL NOTES

1. Allotment boundaries will not be certified by Council staff. The onus ofensuring that the building is sited in the approved position on thecurrent allotment is the responsibility of the owner. This maynecessitate a survey being carried out by a licensed land surveyor.

2. All mechanical plant installed as part of this development should meetthe noise output requirements of the Environment Protection Authority(EPA). If the noise output exceeds these requirements, an acousticenclosure shall be installed around the plant to ensure it complies, if anenclosure is required, these details shall be submitted to Council.

3. CATEGORY 2 DEVELOPMENT APPLICATIONS

Nil.

Alexandrina Council


4. OTHER DEVELOPMENT APPLICATIONS

4.1 455/D012/12 - FHS Keach

SUMMARY TABLE

Date of Application 455/D012/12Subject Land Section 2078 Goolwa Road, Currency CreekAssessment No. A19459Relevant Authority Alexandrina CouncilPlanning Zone General Farming (Port Elliot and Goolwa

District) ZoneNature of Development Land Division creating one (1) additional

allotmentType of Development Non-ComplyingPublic Notice Category 3Referrals Development Assessment Commission, Dept

Planning Transport & Infrastructure, SA WaterRepresentations Received NilRepresentations to be heard N/ADate last inspected 21 May 2012Recommendation RefusalOriginating Officer Andrew Houlihan AH

BACKGROUND

The Development Assessment Panel resolved to proceed to a full assessment ofthis Application at its meeting of 21 June 2012. A copy of the Agenda and Minutesare attached.

REFER ATTACHMENT 4.1(a) (page 110)

THE PROPOSAL

Nature of Development

The Application proposes to create an additional allotment (non-complying) in theGeneral Farming (Port Elliot and Goolwa District) Zone of the AlexandrinaDevelopment Plan. The proposal is considered to be non-complying pursuant tothe following:

…/cont.

Alexandrina Council


4.1 455/D012/12 - FHS Keach (continued)

Principle of Development Control 7 within General Farming (Port Elliot and GoolwaDistrict) Zone states:

PDC 7: All kinds of development are non-complying in the General Farming(Port Elliot and Goolwa District) Zone, except the following:

Land Division where no additional allotments are created, either partly or wholly,within the Mount Lofty Ranges Primary Production Area, and where thedevelopment of the proposed allotments does not result in a greater risk ofpollution of surface or underground waters than would the development of theexisting allotments, and provided a suitable site for a detached dwelling isavailable which complies with the following criteria:

(a) is not located in areas subject to inundation by a 100 year return period floodevent or sited on landfill which would interfere with the flow of such floodwaters;

(b) is connected to an approved sewerage or common effluent disposal scheme orhas an on-site wastewater treatment and disposal method which complies withthe Standard for the Installation and Operation of Septic Tank Systems in SouthAustralia (including supplements A and B) as prepared by the South AustralianHealth Commission;

(c) not have any part of a septic tank effluent drainage field or any otherwastewater disposal area (eg; irrigation area) located within 50 metres of awatercourse identified on a current series 1:50 000 Government Standardtopographic map;

(d) not have a wastewater disposal area located on any land with a slope greaterthan 20 percent (one in five), or depth to bedrock or seasonal or permanentwater table less than 1.2 metres;

(e) not have a septic tank or any other wastewater treatment facility located onland likely to be inundated by a ten year return period flood event;

(f) is sited at least 25 metres from any watercourse identified on a current series1:50 000 Government Standard topographic map.

THE PROPOSAL

The Application seeks to create one additional allotment within the GeneralFarming (Port Elliot and Goolwa District) Zone. Land Division creating additionalallotments is listed as a non-complying form of development within this Zone.

…/cont.

Alexandrina Council



The land is contained within Certificate of Title Volume 5747 Folio 451 or morecommonly known as Section 2078 Goolwa Road, Currency Creek. The allotmentconsists of 32.1 hectares of land and is compromised of two separate pieces,Piece 6 consisting of 2.1 hectares and Piece 3 consisting of 30 hectares, and eachpiece is separated by Mount Compass – Goolwa Road.

One additional (allotment 102 on the plan of division) is proposed on the northernportion of Piece 3 currently having a frontage to Deep Creek Road andgeographically separated from proposed allotment (101) by Currency Creek. Thisdivision proposes to create a new allotment (102) consisting of 17.6 hectares andleaving the existing allotment (101) with 12.4 hectares. Piece 6 is proposed to bemerged into a neighbouring allotment (100) thereby increasing the neighbouringallotment size to 30.4 hectares from 28.3 hectares in allotment Certificate of TitleVolume 5846 Folio 383. The result of this will leave two allotments being separatedby Currency Creek.

REFER ATTACHMENT 4.1(b) (page 118)

SITE & LOCALITY

The subject land is described as relatively flat and is located in a small valleywhich rises to the east and west. The land is irregular in shape and benefits fromtwo road frontages namely Deep Creek Road and Goolwa Road. The land isgenerally used for small scale farming/grazing, rural residential activities includinghorse keeping which are common within the locality and zone.

Piece 3 situated on the east and north side of Mount Compass – Goolwa Road isgeographically separated by Currency Creek. Piece 3 contains a number ofoutbuildings, two dwellings and two dams. Council records indicate a second handtransportable dwelling was approved in 1989. There is no evidence of approval forthe other dwelling, however an application for a carport and pergola was approvedin 1983, which indicates the dwelling was constructed prior to this date andpossibly prior to planning legislation being activated in this district which occurredin 1973. Piece 6 currently, contains no built form and is used for farming purposes.

REFER ATTACHMENT 4.1(c) (page 157)

PUBLIC NOTIFICATION

Pursuant to Section 38 (5) of the Development Act 1993, the Application wasplaced on Category 3 Public Notification and was advertised in the Southern Argusand The Times Newspapers on the 19 July 2012 for a period of two weeksfinishing on the 1 August 2012.

…/cont.

Alexandrina Council



No representations were received.

REFERRALS

The Development Assessment Commission formally referred this Application to anumber of State Government Agencies for comment.

The Development Assessment Commission has advised that they do not generallysupport non-complying Land Division Applications without adequate and detailedjustification, and should Council decide to approve the Application, the Applicationwill need to be sent to the Development Assessment Commission for concurrence.

SA Water provided advice indicating that they have no requirements pursuant toSection 33 of the Development Act.

The transport unit within the Department of Planning Transport and Infrastructureadvised that all proposed allotments are currently served by existing access pointsonto Goolwa Road. No objections have been raised providing the proposedallotments utilise the existing access points, with any new access points beinggained via the local road network only.

REFER ATTACHMENT 4.1(d) (page 158)

CONSULTATION

Internal consultation with Council’s Infrastructure Planning and Design Departmentwas undertaken with no major issues outlined highlighted.

ASSESSMENT ALEXANDRINA DEVELOPMENT PLAN

As the Application was lodged on 29 of March 2012. The Development Planconsolidated on 24 November 2011 is the relevant edition for assessmentpurposes.

The following is an extract of the Objectives and Principles of Development Controlcontained within the Development Plan which are seen specifically relevant to thisDevelopment Application.

COUNCIL WIDE OBJECTIVES AND PRINCIPLES OF DEVELOPMENTCONTROL

Form of Development


…/cont.

Alexandrina Council




Land Division

PDC 6: Land should not be divided:

(a) in a manner which would prevent the satisfactory future division of the land, orany part thereof;

(b) if the proposed use, or the establishment of the proposed use, is likely to leadto undue erosion of the land or land in the vicinity thereof;

(c) unless wastes produced by the proposed use of the land, or any use permittedby the principles of development control, can be managed so as to preventpollution of a public water supply or any surface or underground waterresources;

(d) if the size, shape and location of, and the slope and nature of the landcontained in, each allotment resulting from the division is unsuitable for thepurpose for which the allotment is to be used;

(e) if any part of the land is likely to be inundated by tidal or flood waters and theproposed allotments are to be used for a purpose which would be detrimentallyaffected when the land is inundated;

(f) where community facilities or public utilities are lacking or inadequate;

(g) where the proposed use of the land is the same as the use of other existingallotments in the vicinity, and a substantial number of the existing allotmentshave not been used for that purpose, or purposes meeting the objectives of thePlan; or

(h) if it would cause an infringement of any provisions of the Building Act or any by-law or regulation made thereunder.

PDC 7: When land is divided:

(a) any reserves or easements necessary for the provision of public utility servicesshould be provided;

(b) stormwater should be capable of being drained safely and efficiently from eachproposed allotment and disposed of from the land in a satisfactory manner;

(c) a water supply sufficient for the purpose for which the allotment should bemade available to each allotment;

…/cont.

Alexandrina Council



(d) provision should be made for the disposal of wastewaters, sewage and othereffluents from each allotment without risk to health including connection to acommon effluent drainage system where available in the general area orpreferably, the use of envirocycle systems where appropriate;

(e) roads or thoroughfares should be provided where necessary for safe andconvenient communication with adjoining land and neighbouring localities;

(f) each allotment resulting from the division should have safe and convenientaccess to the carriageway of an existing or proposed public road orthoroughfare;

(g) proposed roads should be graded, or capable of being graded to connect safelyand conveniently with an existing road or thoroughfare;

(h) for urban purposes, provision should be made for suitable land to be set asidefor useable local open space; and

(i) and which borders a river, lake or creek, the land immediately adjoining theriver, lake or creek should become public open space, wherever suitable.

PDC 8: Land capable of being connected to an existing common effluentdrainage system should not be divided unless appropriate financial and,where necessary, easement arrangements for connection are made.

PDC 9: Land should not be divided where the plan of division does not takeaccount of any significant natural features on, or associated with theland.

PDC 10: Division of land which is not capable of being connected to a publicwater supply should not be undertaken unless it is to be connected to anexisting, or proposed, private water supply scheme with a source ofwater of acceptable magnitude and reliability, a standard of constructionand operation, and quality of water, capable of meeting the ongoingrequirements of the communities served, and a satisfactory legalarrangement between the parties concerned.

PDC 11: Land division within an area identified as being ‘Excluded Area fromBushfire Protection Planning Provisions’ on Bushfire Protection AreaFigures Alex(BPA)/1 to 20 should be designed to make provision for:

(a) emergency vehicle access through to the Bushfire Protection Areaand other areas of open space connected to it;

…/cont.

Alexandrina Council



(b) a mainly continuous street pattern serving new allotments thateliminates the use of culde-sacs or dead end roads; and

(c) a fire hazard separation zone isolating residential allotments fromareas that pose an unacceptable bushfire risk by containing theallotments within a perimeter road or through other means thatachieve an adequate separation.

PDC 253: Land should not be divided, nor allotment boundaries rearranged, insuch a way that development of the resulting allotments in accordancewith the objectives and principles of development control would result ina greater risk of pollution of surface or underground waters than woulddevelopment of the existing allotments.

PDC 254: Land should not be divided, or allotment boundaries rearranged in away which increases the number of allotments or part allotments overareas of native vegetation.

PDC 255: The size, shape and layout of allotments should be determined withregard to physical characteristics and the intended use of the land.

PDC 256: Allotment boundaries should be located where interference with nativevegetation and drainage lines will be minimal and in locations whichenhance the management of the natural features.

PDC 257: No land division should take place which may lead to or result in theover exploitation or pollution of a water resource.

PDC 258: Land division should only occur where:

(a) the land is suitable for its intended or particular use;

(b) the development proposed for the land will not destroy or impairmaterially significant natural features on the land or the characterthereof; and

(c) convenient interconnection with other roads and allotments isprovided where appropriate.

PDC 259: Land division in rural areas should not occur where the proposed orpotential use is liable to:

(a) result in the pollution of water resources; or

(b) cause the loss of productive agricultural land.…/cont.

Alexandrina Council



Movement of People and Goods

Objective 24: The safe and efficient movement of people and goods.

PDC 116: Development and associated points of access and egress should notcreate conditions that cause interference with the free flow of traffic onadjoining roads.

Conservation

Objective 34: The conservation, preservation, or enhancement, of scenicallyattractive areas including land adjoining water and scenic routes.

Objective 39: The retention of native vegetation for amenity purposes, forlivestock shade and shelter, and for the movement of native wildlife.


Objective 45: The amenity of localities not impaired by the appearance of land,buildings, and objects.

PDC 152: The appearance of land, buildings and objects should not impair theamenity or character of the locality in which they are situated.

Rural Development

Objective 55: The retention of rural areas primarily for agricultural, pastoral andforestry purposes, and the maintenance of the natural character andbeauty of such areas.

PDC 261: Rural areas should be retained primarily for horticultural, agricultural,pastoral and forestry purposes and other uses compatible withmaintaining rural productivity.

PDC 262: Development should ensure that genuine agricultural activities are notprejudiced.

PDC 263: Development should ensure the sustainable use of land for primaryproduction by the use of sound land management practices.

PDC 264: Land which is particularly suitable for agriculture, including viticultureand horticulture, should be used or remain available for suchagricultural purposes.

…/cont.

Alexandrina Council



PDC 265: Development which would remove productive land from agriculture ordiminish its overall productivity for primary production, should not beundertaken unless the land is required for essential public purposes.

PDC 266: Primary production should be carried out having regard to waterconservation, the preservation of bushland remnants and landscapebeauty.

Bushfire Protection

Objective 70: Development should minimise the threat and impact of bushfires onlife and property while protecting the natural and rural character.

Objective 71: Buildings and the intensification of non-rural land uses directedaway from areas of high bushfire risk.

Conservation

Objective 72: Retention of native vegetation.

Objective 74: Land division, including boundary rearrangement, which retainsareas of native vegetation on single or the least number ofallotments.

Mount Lofty Ranges Region –Council Wide Objectives and Principles ofDevelopment Control

General

Objective 60: The maintenance and enhancement of the national resources of theMount Lofty Ranges Region.

Objective 62: The long term sustainability of rural production in the Mount LoftyRanges Region ensured.

Objective 64: The enhancement of the amenity and landscape of the Mount LoftyRanges Region for the enjoyment of all residents and visitors.

PDC 168: Development should primarily be limited to that which is essential forthe maintenance of sustainable grazing, commercial forestry and mixedagricultural activities.

…/cont.

Alexandrina Council



Form of Development

PDC 170: Development should take place on land which is suitable for theintended use of that land having regard to the location and condition ofthat land and the objectives for the zone in which it is located.

PDC 171: Development should take place in a manner which will not interfere withthe effective and proper use of other land in the vicinity and which willnot prevent the attainment of the objectives for that other land.

Watershed Protection

Objective 68: The protection of the Mount Lofty Ranges Watershed againstpollution and contamination.

Objective 69: The prevention of development which could lead to a deteriorationin the quality of surface or underground waters within the MountLofty Ranges Watershed.

Movement of People and Goods

PDC 194: The construction of access ways onto public roads should:

(a) not interfere with or restrict drainage channels or watercourses;

(b) be located in a safe and convenient location; and

(c) provide adequate parking/turning areas on site.

GENERAL FARMING (PORT ELLIOT AND GOOLWA DISTRICT) ZONE

Objective 1: The retention of land within the zone for a wide range of farminguses.

PDC 3: Development should not prejudice the conservation of water resources,natural bushland and the rural landscape, and should not create noxiousweed or bushfire hazards, or other environmental problems.


…/cont.

Alexandrina Council



Land Division where no additional allotments are created, either partly orwholly, within the Mount Lofty Ranges Primary Production Area, andwhere the development of the proposed allotments does not result in agreater risk of pollution of surface or underground waters than would thedevelopment of the existing allotments, and provided a suitable site for adetached dwelling is available which complies with the following criteria:

(a) is not located in areas subject to inundation by a 100 year return periodflood event or sited on landfill which would interfere with the flow ofsuch flood waters;

(b) is connected to an approved sewerage or common effluent disposalscheme or has an on-site wastewater treatment and disposal methodwhich complies with the Standard for the Installation and Operation ofSeptic Tank Systems in South Australia (including supplements A andB) as prepared by the South Australian Health Commission;

(c) not have any part of a septic tank effluent drainage field or any otherwastewater disposal area (eg; irrigation area) located within 50 metresof a watercourse identified on a current series 1:50 000 GovernmentStandard topographic map;

(d) not have a wastewater disposal area located on any land with a slopegreater than 20 percent (one in five), or depth to bedrock or seasonal orpermanent water table less than 1.2 metres;

(e) not have a septic tank or any other wastewater treatment facilitylocated on land likely to be inundated by a ten year return period floodevent;

(f) is sited at least 25 metres from any watercourse identified on a currentseries 1:50 000 Government Standard topographic map.

COMMENTS

Although the proposal is a non-complying form of development pursuant to theAlexandrina Development Plan, the proposal is considered to display some meritas the proposed division will generally result in boundaries that are more functionalas they are currently separated by Currency Creek and Goolwa Road.

…/cont.

Alexandrina Council



The driveway access/egress points for the new and proposed allotments utiliseexisting points of access and pose no concerns to the transport unit within theDepartment of Planning and Transport and Infrastructure or Council’sInfrastructure Planning and Design Department. Piece 3 further contains twodetached dwellings. This land division will formally place each dwelling on its ownallotments.

There are no significant forms of remnant vegetation existing on the land,However there are a number of mature trees native trees on proposed allotment101 along the creek.

The division also has potential to have less environmental impact on CurrencyCreek as the division would negate the need to create watercourse crossings toaccess land either side of the Currency Creek. Although this provides some merit,many allotments in the Alexandrina Council District are separated bywatercourses. If appropriate management techniques and permits associated withState Government Departments are sought for ‘water affecting’ activities, this couldbe managed appropriately. Further it can be considered that two propertiesbordering a watercourse could have more potential environmental impact thanone.

If appropriate water crossings are in place, the land can be seen in its current formas more viable for farming and agricultural activities given the existing size of theallotment. Therefore the open rural character of the land and productive use of theland could be maintained or enhanced.

Although the effect of a land division is to create lines on a plan, a relevantauthority is entitled, in having regard to the planning consequences of a decision toapprove a division, to take into account the proposed use of the allotmentscreated. As the relevant authority Council is entitled to take into account the likelyuse of the proposed allotments, having regard to their size and location.

Division of the subject land will not change its use. In considering the planningmerits of the proposed division, however Council is entitled to take intoconsideration the likely future use of the proposed allotments. It is not possible forthe Council to be satisfied that the land once divided, would continue to be usedfor primary production purposes, the smaller allotments in particular being likely tobe used primarily for residential purposes, possibly with some adjunct rural activityconducted on a part-time basis.

Having regard to the above, I have concluded that the subject proposal conflictswith those provisions of the Development Plan directed towards the retention inprimary production of existing agricultural land and the retention of the existingcharacter of that land. The proposal is unable to guarantee the maintenance ofproductive agricultural activities on the proposed allotments.

…/cont.

Alexandrina Council



If the proposed division is endorsed Council Planning Department are concernedthat this could result in the intensification of the land in terms of residential use andtherefore reduce farming viability. Currently the existing dwelling is well screenedand utilises existing access points. If the land Division is approved Council’sPlanning Department has a concern that the existing dwelling may be removedand a more substantial dwelling constructed or located in a position that alters theopen rural nature or changes access points as the dwelling would need to complywith appropriate setback distances from the watercourse, although this wouldrequire assessment for any new dwellings this can be taken into consideration. Inits current form the replacement of the dwelling or construction of a new dwellingwould be considered a non-complying form of development. The division of landwould further secure the option to rebuild a dwelling in a High Bushfire Areapursuant to the Alexandrina Development Plan. The Development Plan furthergenerally only supports new allotments when able to be connected to a publicwater supply and in this case no connection is currently available.

Piece 6 will be amalgamated with lot existing lot 1 this will remove the landseparated from piece 3 by Goolwa Road and create lot 1 (known as lot 100 in theplan of division) as a larger and more viable farming allotment. This adds meritfurther to the application, however this more functional approach could beachieved via a land division involving realignment of boundaries, leasing the landto neighbours or another form of agreement.

Although proposing to merge Piece 6 with the neighbouring allotment this LandDivision seems to be opportunistic, in that the land maybe superfluous to theapplicants needs or wishes to manage, and does not portray a greaterenhancement of specific rural use or activities. It would not facilitate or isnecessary to enhance economic viability of farming uses.

The proposal does display some merit as discussed in the DevelopmentAssessment Panel report requesting to proceed to a full Application, however theprovisions the Development Plan revolve around discuss minimising fragmentationof rural land, retention of viable and productive farming allotments, minimisingpotential to impact on the open rural character, minimising changes to the intendeduse of the land and keeping larger allotments for economic viability.

Further having regard to the strong emphasis in the Development Plan on themaintenance of productive agricultural activities and due to the fact that the futureuse of the proposed allotments is not known, and cannot be secured, I haveconcluded that the subject proposal represents an outcome less consistent withthe relevant provisions of the Development Plan. This proposal does not portrayenough merit in order to warrant Development Plan Consent.

…/cont.

Alexandrina Council



RECOMMENDATION

The Development Assessment Panel considers that the proposeddevelopment is at variance with the Alexandrina Development Plan andresolve to REFUSE Development Application 455/D012/12 for a Land DivisionCreating One (1) Additional Allotment (non-complying) at Section 2078,Goolwa Road, Currency Creek.

REASONS FOR REFUSAL

The proposed development is considered to be at variance with the followingObjectives and Principles of Development Control of the AlexandrinaDevelopment Plan, as it proposes to create an additional allotment in aGeneral Farming Port Elliot and Goolwa District Zone:

GENERAL FARMING (PORT ELLIOT AND GOOLWA DISTRICT) ZONE

Objective 1: The retention of land within the zone for a wide range of farminguses.


Land Division where no additional allotments are created, eitherpartly or wholly, within the Mount Lofty Ranges Primary ProductionArea, and where the development of the proposed allotments doesnot result in a greater risk of pollution of surface or undergroundwaters than would the development of the existing allotments, andprovided a suitable site for a detached dwelling is available whichcomplies with the following criteria:

(a) is not located in areas subject to inundation by a 100 year returnperiod flood event or sited on landfill which would interfere withthe flow of such flood waters;

(b) is connected to an approved sewerage or common effluentdisposal scheme or has an on-site wastewater treatment anddisposal method which complies with the Standard for theInstallation and Operation of Septic Tank Systems in SouthAustralia (including supplements A and B) as prepared by theSouth Australian Health Commission;

…/cont.

Alexandrina Council



(c) not have any part of a septic tank effluent drainage field or anyother wastewater disposal area (eg; irrigation area) locatedwithin 50 metres of a watercourse identified on a current series1:50 000 Government Standard topographic map;

(d) not have a wastewater disposal area located on any land with aslope greater than 20 percent (one in five), or depth to bedrockor seasonal or permanent water table less than 1.2 metres;

(e) not have a septic tank or any other wastewater treatment facilitylocated on land likely to be inundated by a ten year return periodflood event;

(f) is sited at least 25 metres from any watercourse identified on acurrent series 1:50 000 Government Standard topographic map.

COUNCIL WIDE OBJECTIVES AND PRINCIPLES OF DEVELOPMENTCONTROL

Form of Development



Land Division

PDC 6: Land should not be divided:

(d) if the size, shape and location of, and the slope and nature of theland contained in, each allotment resulting from the division isunsuitable for the purpose for which the allotment is to be used;

Rural Development

Objective 55: The retention of rural areas primarily for agricultural, pastoraland forestry purposes, and the maintenance of the naturalcharacter and beauty of such areas.

PDC 261: Rural areas should be retained primarily for horticultural,agricultural, pastoral and forestry purposes and other usescompatible with maintaining rural productivity.

PDC 262: Development should ensure that genuine agricultural activitiesare not prejudiced.

…/cont.

Alexandrina Council



PDC 264: Land which is particularly suitable for agriculture, includingviticulture and horticulture, should be used or remain availablefor such agricultural purposes.

PDC 265: Development which would remove productive land fromagriculture or diminish its overall productivity for primaryproduction, should not be undertaken unless the land is requiredfor essential public purposes.

Land Division

PDC 255: The size, shape and layout of allotments should be determinedwith regard to physical characteristics and the intended use ofthe land.

PDC 258: Land division should only occur where:

(a) the land is suitable for its intended or particular use;

PDC 259: Land division in rural areas should not occur where the proposedor potential use is liable to:

(a) result in the pollution of water resources; or

(b) cause the loss of productive agricultural land.

Mount Lofty Ranges Region -Council Wide Objectives and Principles ofDevelopment Control

General

Objective 60: The maintenance and enhancement of the national resourcesof the Mount Lofty Ranges Region.

Objective 62: The long term sustainability of rural production in the MountLofty Ranges Region ensured.

PDC 168: Development should primarily be limited to that which is essentialfor the maintenance of sustainable grazing, commercial forestryand mixed agricultural activities.

…/cont.

Alexandrina Council



Form of Development

PDC 170: Development should take place on land which is suitable for theintended use of that land having regard to the location andcondition of that land and the objectives for the zone in which it islocated.

PDC 171: Development should take place in a manner which will not interferewith the effective and proper use of other land in the vicinity andwhich will not prevent the attainment of the objectives for thatother land.

5. ENVIRONMENT, RESOURCES & DEVELOPMENT COURT APPEALS

6. MATTERS FOR POLICY REVIEW

7. GENERAL BUSINESS

8. NEXT MEETING

Scheduled for Thursday 20 September 2012.

notice of meeting of meeting notice is hereby given to his worship the mayor and councillors that...

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