notice of ordinary meeting of council dog conformation training and dog socialization lot 51, –...

NOTICE OF MEETING

Pursuant to the provisions of section 88 (1) of the Local Government Act 1999

The Council Development Assessment Panel Meeting of the

District Council of Mallala

will be held in

Mallala Council Chambers Redbanks Road

Mallala

on

Tuesday, 1 December 2015 at 6.30 PM

................................................................ Katrina Márton CHIEF EXECUTIVE OFFICER

AGENDA 1. ATTENDANCE

1.1 Present

1.2 Apologies

1.3 Not Present / Leave of Absence

2. CONFIRMATION OF MINUTES

2.1 “that the minutes of the Council Development Assessment Panel meeting held on Tuesday 6 October 2015, be accepted as read and confirmed.”

3. DECLARATION OF INTEREST

3.1

4. DEVELOPMENT APPROVAL NOTIFICATIONS

4.1 “that the Development Approval notifications issued for September and October 2015 be received.”

5. REPORTS

5.1 “that Items 5.4.1 (312/191/205) and 5.5.1 (312/17/2014) be received.”

5.2 Category 1 Development

5.2.1 Nil


5.3.1 Nil


5.4.1 312/191/2015 – Sue Mertineit – Use of land for dog obedience training, dog conformation training and dog socialization – Lot 51, 225 Hayman Road Lewiston

Hearing of representations and applicant response

5.5 Updates

5.5.1 312/17/2014 – Ultimus Pty Ltd – Shop (supermarket and specialty shops) and associated carparking, landscaping, fencing and advertising signage (Non-Complying) – Lot 12 Old Port Wakefield Road, Dublin

5.6 Strategic Projects and Development Policy Update

“that Item 5.6 - Strategic Projects and Development Policy Update report, dated 1 December 2015, be received.”

6. NEXT MEETING

6.1 2 February 2016 (To be confirmed)

7. CLOSURE


TUESDAY 1 December 2015

Items:

2.1 “that the minutes of the Council Development Assessment Panel meeting held on Tuesday 6 October 2015, be accepted as read and confirmed.”

Council Development Assessment Panel Page 1 of 54 1 December 2015Council Development Assessment Panel Page 1 of 56 1 December 2015Council Development Assessment Panel Page 1 of 56 1 December 2015

MINUTES OF THE MALLALA COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING HELD IN THE MALLALA COUNCIL CHAMBERS, REDBANKS ROAD, MALLALA ON TUESDAY 6th OCTOBER 2015, COMMENCING AT 6.30 PM 1. ATTENDANCE

1.1 Present

Trevor White, (Presiding Member), Joe Daniele, Joel Taggart, Sandra Foote, Mel Lawrence, Jane Strange (Senior Planning Officer), and Rosemarie Day (Minute Secretary) .

1.2 Apologies

Moved M Lawrence Seconded J Daniele “That leave of absence from this meeting be granted to Ian O’Loan and Tom Summerton.”

CARRIED

1.3 Absent Nil

PREAMBLE: Presiding Member Trevor White extended a warm welcome to members of the Panel, staff and members of the gallery.


Moved M Lawrence Seconded S Foote “That the minutes of the Council Development Assessment Panel meeting held on Tuesday 1 September 2015 be received and confirmed.”

CARRIED

Council Development Assessment Panel 6 October 2015 1Council Development Assessment Panel Page 2 of 54 1 December 2015Council Development Assessment Panel Page 2 of 56 1 December 2015Council Development Assessment Panel Page 2 of 56 1 December 2015

3. DECLARATION OF INTEREST Nil 4. DEVELOPMENT APPROVAL NOTIFICATIONS

Moved M Lawrence Seconded S Foote “That the Development Approval notifications issued for August 2015 be received.”

CARRIED

5. REPORTS – DEVELOPMENT APPLICATION

Moved J Daniele Seconded J Taggart “That the Development Application reports be received.”

CARRIED 5.1 Category 1 Development

Nil


5.2.1 312/164/2015 – Baylies Road Property Investments Pty Ltd – Change of land use from primary production to open field horticulture and construction of two canopies – Part Section 218 Shellgrit Road, Middle Beach and Part Section 219 Shellgrit Road, Middle Beach.

Senior Planning Officer, Jane Strange, addressed the Panel and gave a brief report on the application.

RECOMMENDATION

1. That the Council Development Assessment Panel resolves that the proposal by Baylies Road Property Investments Pty Ltd for a change of land use from primary production to open field horticulture and construction of two canopies at Part Section 218 Shellgrit Road and Part Section 219 Shellgrit Road, Middle Beach (312/164/2015) is not seriously at variance with the District Council of Mallala Development Plan consolidated 15 May 2014.


2. That the Council Development Assessment Panel resolves that the proposal by

Baylies Road Property Investments Pty Ltd for a change of land use from primary production to open field horticulture and construction of two canopies at Part Section 218 Shellgrit Road and Part Section 219 Shellgrit Road, Middle Beach (312/164/2015), be GRANTED Development Plan Consent, pursuant to Section 33(1)(a) of the Development Act 1993, subject to the following conditions being imposed:

1. The development must be undertaken, completed and maintained in accordance with the details, plans, specifications and correspondence submitted with and forming part of Application 312/164/2015, except where varied by any conditions herein.

2. The planting of bushes, trees and shrubs associated with the spray drift buffers along the southern and eastern boundaries must be carried out within the first planting season following the date of development approval. All plants must be nurtured and maintained at all times with plants replaced should they become diseased or die.

3. The land must be kept in a sanitary and properly maintained condition at all times, to the reasonable satisfaction of Council, with waste materials being removed on a regular basis so as to prevent fly breeding and the harbourage of vermin.

4. Management of the property must be undertaken in such a manner as to prevent denudation, erosion or pollution of the environment at all times.

5. The application of sprays to the crops must be undertaken at all times in accordance with such reasonable practices as Primary Industries and Regions SA may require.

6. No other point of egress from or ingress to the subject land(s) must be created without prior consent of Council being first obtained in writing.

7. Provision must be made for a portable toilet (with hand basin) for use by the workers on the property.

8. All waste material from the facility must be transported and disposed of to an approved dump site or other facility to the satisfaction of Council’s Environmental Health Officer.


Note: Agricultural chemicals must be used in accordance with the Agricultural and Veterinary Products (Control of Use) Act 2002 and Regulations 2004. The Applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction do not pollute the environment in a way which causes or may cause environmental harm. The Applicant is advised that water-logging of the soil is a general concern given the location of the subject land and its proximity to the sea. The Applicant is advised to monitor the salinity of the soil due to existing salt in the soil structure and the addition of salt to the soil through the use of Bolivar Water.

AGREED


Nil

5.4 Updates 5.4.1 312/196/2014 – Bargain Steel Centre – Fence (in Flood Hazard Zone 2) – Lot

501, 73 Bethesda Road, Lewiston (Non-Complying)

Moved J Taggart Seconded J Daniele “That the Council Development Assessment Panel receives and notes the report.”

CARRIED 6. REPORTS – GENERAL MANAGER, INFRASTRUCTURE & PLANNING

Moved S Foote Seconded M Lawrence

“That the General Manager, Infrastructure & Planning report be received.”

CARRIED


7. OTHER BUSINESS

Trevor White, Presiding Member advised that this was Rose Day’s final meeting and on behalf of all Members thanked Rose for her outstanding service to the panel, wishing her well on her impending retirement. Trevor also thanked Senior Planning Officer, Jane Strange, for great work in presenting at this meeting on short notice on behalf of the Planning team.

8. NEXT MEETING Tuesday 3rd November 2015 (To be confirmed) 9. CLOSURE OF MEETING

The Presiding Member closed the meeting at 6:50 pm

Confirmed as a true record:

Presiding Member: ……………………………………..

Trevor White

Date: ……………………………………………………..


4. DEVELOPMENT APPROVAL

NOTIFICATIONS


Items:

4.1 “that the Development Approval notifications issued for September and October 2015 be received.”


DA No Received Builder Owner Value Development Location Approved

312/121/2011 18/05/2011Deemed Refused - further information not provided PN & CG Leav $50,000 Hot Houses Lot 1 Shellgrit Road Port Gawler REFUSED

312/163/2013 2/07/2013 J Scilliano Germantown Road Pty Ltd $100,000 Shed 161 Germantown Road 18/09/2015312/196/2014 19/08/2014 Bargain Steel Centre TW Murray $6,500 Fence 73 Bethesda Road Lewiston 17/09/15

312/56/2015 2/03/2015Withdrawn - Applicant request - contract cancelled JR Marsh & SA Bishop $294,205 Dwelling 4 Mallee Court Two Wells WITHDRAWN

312/063/2015 5/03/2015 Bargain Steel Centre S Pietris $4,000 Fence 170 Dawkins Road Lewiston 14/09/15

312/083/2015 31/03/2015Withdrawn - Applicant request - contract cancelled BC Daly & JE Seccafien $277,464 Dwelling 21 Walter Avenue, Two Wells WITHDRAWN

312/087/2015 8/04/2015 N Kyriacou A & N Kyriacou $18,000 Shed 27 Bailey Road, Two Wells 14/09/15312/092/2015 14/04/2015 Fairmont Homes Group Pty Ltd HP Crawford $232,360 Dwelling 2 Mallee Court Two Wells 14/09/2015312/094/2015 15/04/2015 Withdrawn - Applicant Request LA & BC Daniel $120,000 Extension to Dwelling 44 The Esplanade, Parham WITHDRAWN312/114/2015 29/04/2015 Fairmont Homes Group Pty Ltd JJ & LR Hunt $278,941 Dwelling Lot 3 Temby Road, Two Wells 14/09/15312/119/2015 13/05/2015 Bargain Steel Centre AC Elix $15,000 Shed 9 East Terrace, Windsor 23/09/15312/125/2015 22/05/2015 A Rozhkov A Rozhkov $150,000 Dwelling 12 Coats Road, Two Wells 14/09/15

312/149/2015 24/06/2015 Como Glasshouse Pty Ltd Como Glasshouse No 2 Pty Ltd $5,000,000

Construction of 3 gas micro turbines, removal of 1 exisitng diesel generator and alterations to 3 existing diesel generators Section 506 Kenner Road, Korunye 17/09/15

312/165/2015 15/07/2015 AJ Leaney AJ Leaney $7,000 Shed 522 Day Road, Reeves Plains 17/09/15312/169/2015 15/07/2015 Rivergum Homes Pty Ltd M & ML Green $131,566 Dwelling 10A Tatura Avenue, Two Wells 28/09/15312/176/2015 22/07/2015 Olympic Industries TE & JE Switala $5,350 Carport 17 Wilson Road, Two Wells 17/09/15312/177/2015 24/07/2015 Olympic Industries Rosam Pty Ltd $16,638 Shed 327 Crabb Road, Lower Light 14/09/15312/201/2015 24/08/2015 HR Harrison HR & SL Harrison $5,900 Shed 2 Kay Avenue, Two Wells 25/09/15312/205/2015 31/08/2015 Peter Ellis Fencing LC & KA Warren $6,134 Verandah 17 Old Mallala Road, Two Wells 23/09/15312/210/2015 9/09/2015 Stratco (SA) Pty Ltd FE Bone $9,202 Garage 146 Bubner Road, Dublin 23/09/15312/214/2015 15/09/2015 Olympic Industries MF & JF Pietsch $3,000 Shed Section 529 Wasley Road, Korunye 25/09/15

$6,731,260

MONTHLY DECISION NOTIFICATIONS FOR DEVELOPMENT APPROVALS - September 2015


Council Development Assessment Panel Page 8 of 56 1 December 2015Council Development Assessment Panel Page 8 of 56 1 December 2015

DA No Received Builder Owner Value Development Location Approved

312/170/2003 4/06/2003 P Cannizzaro P Cannizzaro - Land Division 1-7 Bethesda Road, Lewiston 6/10/2015312/145/2014 18/06/2014 SK Feltham SK Feltham $95,000 Dwelling Lot 13 First Street, Wild Horse Plains 6/10/2015312/207/2014 2/09/2014 365 Studio Pty Ltd NP Rugolo $300,000 Dwelling 13 Cavallaro Place, Lewiston 26/10/2015

312/255/2014 17/10/2014Withdrawn - applicant request - contract cancelled RJ & MJ Warren $217,628 Dwelling

Lot 35 Kay Avenue, Two WellsWITHDRAWN

312/041/2015 17/02/2015 Olympic Industries AR Lodge $21,646 Carport Addition 229 Hayman Road, Lewiston 14/10/2015312/075/2015 20/03/2015 Homestead Award Winning Homes AC Mott $176,331 Dwelling Lot 2 Leilete Road, Two Wells 9/10/2015312/131/2015 26/05/2015 RM Fioretti RM & A Fioretti Land Division 4 Coats Road, Two Wells 1/10/2015312/132/2015 2/06/2015 Weeks & Macklin Homes TH Mackay & SK Marshman $240,419 Dwelling 16/4 The Gums, Dublin Road, Mallala 1/10/2015312/150/2015 24/06/2015 Rivergum Homes Pty Ltd IM & H Eatts $173,079 Dwelling Lot 521 Ruskin Road Dublin 27/10/2015312/169/2015 15/07/2015 Rivergum Homes Pty Ltd M & ML Green $131,566 Dwelling 10ATatura Avenue, Two Wells 28/10/2015312/172/2015 17/07/2015 Baylies Road Property Investments Baylies Road Property Investments $13,000 Shed Lot 10 Bailey Road West, Two Wells 2/10/2015312/178/2015 23/07/2015 Riverina Pools & Spas HS De Luca $41,000 Swimming Pool & Safety Fence 156 Dawkins Road Lewiston 14/10/2015312/184/2015 31/07/2015 Bargain Steel Centre MT & S Cummins $5,000 Garage 29 Chapman Street, Two Wells 21/10/2015312/190/2015 6/08/2015 R & M Timber CM Hart $6,519 Verandah Section 344 Hart Road, Lower Light 9/10/2015312/194/2015 12/08/2015 G Carbone G Carbone & AV Ciotti $11,900 Shed 18 Walter Avenue, Two Wells 27/10/2015312/195/2015 12/08/2015 McArdle Projects PA & VJ Stuart $45,000 Extension to dwelling 13 Butler Street, Mallala 1/10/2015312/196/2015 13/08/2015 KM Sparkes KM & AM Sparkes $5,000 Shed 2 Elouise Court, Lewiston 9/10/2015312/197/2015 17/08/2015 Alpha Industries LM Copley $14,955 Shed 82 Bethesda Road, Lewiston 9/10/2015312/204/2015 31/08/2015 MG Heenan MG Heenan & AC Saunders $11,000 Shed 16 Dawkins Road, Lewiston 21/10/2015312/206/2015 31/08/2015 Olympic Indutries E Carter $7,000 Shed Lot 92 Port Wakefield Road, Lower Light 27/10/2015312/207/2015 1/09/2015 Construction Services Australia Pty KJ Urkko $214,424 Dwelling 72 Hayman Road, Two Wells 27/10/2015312/209/2015 8/09/2015 MH Boon MH Boon & JK Milton $90,000 Verandah 15 Hayman Road, Two Wells 27/10/2015312/212/2015 10/09/2015 Olympic Industries SR Rodell $16,659 Garage 15 Jean Avenue, Two Wells 6/10/2015312/213/2015 15/09/2015 CR Billing CR Billing $4,587 Carport 10 Jury Street, Webb Beach 12/10/2015312/215/2015 15/09/2015 MH Lawrence MH & M Lawrence $3,000 Carport 4A Bailey Road, Two Wells 12/10/2015312/221/2015 18/09/2015 GJ Gilbert GJ Gilbert $8,000 Garage Section 346 Gilberts Road, Windsor 6/10/2015312/228/2015 1/10/2015 SA Chandler SA Chandler $3,500 Shed Lot 32 Old Port Wakefield Road, Two Well 27/10/2015

1,856,213.00$

MONTHLY DECISION NOTIFICATIONS FOR DEVELOPMENT APPROVALS - October 2015


Council Development Assessment Panel Page 9 of 56 1 December 2015Council Development Assessment Panel Page 9 of 56 1 December 2015

5 REPORTS


Items:

5.1 “that Items 5.4.1 (312/191/205) and 5.5.1 (312/17/2014) be received.”


5.2.1 Nil


5.3.1 Nil




5.5 Updates



“That Item 5.6 - Strategic Projects and Development Policy Update report, dated 1 December 2015, be received.”


5.4.1 312/191/2015 – Sue Mertineit – Use of land for dog obedience training, dog conformation training and dog socialisation – Lot 51, 225 Hayman Road Lewiston

Application Number 312 / 191 / 2015 Lodgement Date 6 August 2015 Development Plan Version Consolidated 15 May 2014 Applicant Sue Mertineit Proposal Use of land for dog obedience

training, dog conformation training and dog socialisation

Subject Land Lot 51, 225 Hayman Road, Lewiston, Hundred of Port Gawler, CT: 5691/848

Zone Animal Husbandry Zone Policy Area N/A Nature of Development Merit Category of Development Category 3 Representors 3 Referrals Internal

1. Environmental Health Officer 2. Infrastructure Services 3. Horticultural Officer

Assessing Officer Chris Carrey (Compliance Officer – Development)

Recommendation That Development Plan Consent be GRANTED


NATURE OF DEVELOPMENT

General

According to Regulation 16 of the Development Regulations 2008 (“the Regulations”), if an application will require a relevant authority to assess a proposed development against the provisions of a Development Plan, the relevant authority must determine the nature of the development, and proceed to deal with the application according to that determination.

The applicant is seeking Development Plan Consent for the use of land for dog obedience training, dog conformation training and dog socialisation at Lot 51, 225 Hayman Road, Lewiston (“the subject land”) and the proposal is best described as:

Use of land for dog obedience training, dog conformation training and dog socialisation. Site and Locality

The subject land is located within the Animal Husbandry Zone of Council’s Development Plan and is situated approximately 7 kilometres to the east of the Two Wells town centre. The relatively flat property has a total land area of 1 hectare and is bounded by Hayman Road to the south and neighbouring allotments of land to the north, west and east. The property has a primary frontage to Hayman Road which is an all weather sealed road with an 80km/h speed limit.

The subject land consists of an existing residential dwelling and several ancillary domestic structures. Dog keeping activities are already established and on 15 May 2015 Council granted development approval for “dog keeping (5 breeding dogs) and whelping area within existing dwelling” on the subject land (separate Development Authorisation 312/118/2015).

The general locality largely consists of rural residential allotments and associated animal husbandry pursuits such as horse keeping and dog kenneling. An aerial photograph of the subject land is provided at Figure 1 below which indicates existing residential dwellings to the east, west and to the south across Hayman Road.


Figure 1

Design Details

The applicant has provided an operational proposal which is summarised as follows:

- Obedience training will consist of lessons where dogs and their owners are taught basic commands ‘on lead’, with later training occurring ‘off lead’ as skills develop

- Conformation training will consist of a show dog/puppy and their handler/owner being taught how they need to perform and what to do within the show ring

- Dog socialisation will consist of dogs getting to know other dogs via playing together and interaction with other people

- All activities will occur within the yard and paddock to the rear of the dwelling - Activities will occur a maximum of twice a week at the following times:

o Friday 6pm to 10pm; o Saturday 12pm to 4pm or 4pm to 8pm o Sunday 12pm to 4pm or 4pm to 8pm

- The maximum number of dogs on the property at any one time could be up to 20 (including the applicant’s 5 own dogs) (i.e. a maximum of 15 ‘outside’ dogs)


- All dogs attending the activities will leave the property by the 10pm and 8pm deadlines respectively

- Use of outdoor lighting will be limited and there will be no light spillage onto neighbouring properties

- All solid dog waste will be disposed of in an industrial waste bin for collection by a commercial waste management service

- Noise will be controlled by a dense planting of native trees, shrubs and bushes around the property boundaries which will act as a ‘sound buffer’, and by training the dogs to obey all commands including stopping barking

- A maximum of 10-15 persons will attend the subject land for the activities - A maximum of 10-15 vehicles will attend the subject land for the activities with

parking areas provided on the subject land. No vehicles are to be parked on the roadside.

- Existing boundary fences will be upgraded with post and wire fencing (1.8m high with 100mm diameter gaps)

- Additional internal fencing (post and wire) will be erected around the back paddock training area which will be 10 metres from the side and rear boundaries

- The applicant proposes to conduct the activities as a hobby and it is not for economic gain

- No advertising signage is proposed

PROCEDURAL MATTERS

According to Section 35 of the Development Act 1993 (“the Act”) there will be three kinds of development, with all developments being classified as either complying, non-complying or merit.

The proposed development is not listed in the Animal Husbandry Zone as either a Complying or Non-complying kind of development and, as such, it must be classified as a Merit assessment against the provisions of the District Council of Mallala Development Plan – consolidated 15 May 2014.

PUBLIC NOTIFICATION

Section 38(2) (a) of the Act states that a Development Plan or the Regulations may assign different forms of development to a Category for the purposes of public notification.


Further, the Act also states that the Regulations or a Development Plan may assign a form of development to Category 1 or to Category 2 and if a particular form of development is assigned to a category by both the Regulations and a Development Plan:

• If the Regulations provide that an assignment by a Development Plan may prevail, the assignment provided by the Development Plan will, to the extent of any inconsistency, prevail; but

• In any other case, the assignment provided by the regulations will, to the extent of any inconsistency, prevail.

The proposed development is not listed within Council’s Development Plan or the Regulations as either a Category 1 or Category 2 development. Therefore, the application was treated as a Category 3 development and 7 adjacent landowners were notified. An advertisement was also placed in two local newspapers. Three representations were received as a result of the public notification (copies attached).

SUMMARY OF REPRESENTATIONS

Name of Person Making Submission

Summary of Submission

Amanda and Joseph Vella - Invasion of privacy - Light spillage from cars attending the subject

land - Proposed vegetation will not grow under

established trees - Noise from barking dogs - Impact on use of their own land - Proposal could be accommodated elsewhere - If proposal goes ahead wish higher solid fencing

along the boundary to be installed and earlier finishing times proposed

Peter and Angela Hines - Noise from barking dogs – impact on sleep patterns

- Proposed vegetation will take too long to grow and will not stop barking

- Invasion of privacy - Noise from vehicles - Proposal could be accommodated elsewhere

Barry O’Mahoney - Invasion of privacy


- Noise from barking dogs - Proposed vegetation will not stop noise of

barking dogs - Proposal could be accommodated elsewhere

APPLICANT’S RESPONSE

The submissions were forwarded to the applicant who provided a response to each (see attached). A summary of the responses is provided below:

- Invasion of privacy - activities will take place in the rear yard and paddock which are well away from neighbouring properties

- Invasion of privacy – persons attending the land for the proposed activities will be concentrating on dog training and socialising with each other, not looking into neighbouring properties

- Proposed vegetation – the applicant is an experienced gardener and “choosing the right plants for the position and conditions is the key”

- Light spillage from vehicles – bushes planted along the fence line will be quick growing and will block any shining lights

- Noise of barking dogs – the dogs are there to be trained, dog barking will not be tolerated and the area to be used is set well away from neighbouring properties

- Impact on use of neighbouring allotments of land – an internal fence will be erected 10 metres from the boundary which will prevent any dogs from reaching the boundary fence

- Activities could be accommodated elsewhere – this is not a commercial proposal, it is about friends gathering and socialising and the same atmosphere cannot happen at public parks/ovals etc

- Noise from barking dogs (impact on sleep patterns) – noise from barking dogs will not be tolerated and will be managed. Any noise generated by the activities will be less than existing noise sources in the area such as vehicle traffic, nearby dog kennels and overhead aircraft

REFERRALS

Internal Referral – Environmental Health

The proposal was referred to Council’s Environmental Health Officer who had no concerns regarding the proposal.


Internal Referral – Infrastructure Services

The proposal was referred to Council’s Infrastructure Services’ Depot Operations Coordinator who had no concerns regarding access to the subject land. However, it was requested that a condition be added to any Consent to the effect that car parking not be permitted on the road verge outside the property.

Internal Referral – Horticultural Officer

The proposal was referred to Council’s Team Leader Horticulture who commented that the list of plant species proposed by the applicant was appropriate due to their variations in height, density and foliage.

The following comment was also provided in relation to the appropriateness of vegetation as a sound barrier:

There are two schools of thought with the use of plants as a sound barrier. Usually a solid barrier is used first with planting as an amenity feature and to soften the impact of the infrastructure.

Others recommend that vegetation layers and density are required to be quite thick utilising plants that have rough bark with multiple branches and thick fleshy or leathery leaves with a thin petiole (leaf stem). Deciduous plants must be avoided as they obviously lose their leaves during winter.

Plants will absorb sound waves but not to the degree of stopping/softening barking dogs, they aren’t an impenetrable barrier.

In my opinion the amount of time that dogs will be on-site I doubt that there will be an issue. If there is, then maybe the establishment of a solid barrier should be recommended: wood or other permeable structures should be sought. Structures made of metal etc. only provide for sound to bounce and not be absorbed.

PLANNING ASSESSMENT

It is appropriate to consider the proposed development against the provisions of the Animal Husbandry Zone as well as General Section principles and objectives.


Animal Husbandry Zone

The proposed development does not include the construction of dog kennels and does not meet the definition of intensive animal keeping set out in Schedule 1 of the Regulations.

However, the keeping of dogs on the subject land (for limited periods of time) aligns with the overall intent of the Animal Husbandry Zone (AHZ). The Desired Character statement for the Zone is clear that intensive animal husbandry pursuits, including horse keeping and dog kenneling, are an envisaged use within the Zone and will be a predominant activity in the area when carried out in association with a residential dwelling. Further, these activities must not detract from the low key rural character of the area or adversely impact on overall residential amenity.

The proposal is consistent with the Desired Character statement (and by default Objective 3 and Principle of Development Control (PDC) 2) as the applicant resides on the subject land and has provided an operational plan which demonstrates the proposed activities will be carried out with minimal impacts to the amenity of the area. In particular, the applicant has confirmed that:

- Solid animal waste will be disposed of in an appropriate manner - Noise from barking dogs will be managed by command and through obedience

training - The visual amenity will be improved by proposed tree and shrub planting

Given the intent of the AHZ is to accommodate dog kenneling, the noise of barking dogs is and should be expected within the Zone. Additional dogs are only proposed to be kept on the subject land for a maximum of 8 hours each week and the noise impact would be much greater if, for example, permanent dog kenneling facilities were proposed. The appropriateness of tree planting as a ‘sound barrier’ will be discussed below under the General Section: Interface between land uses.

The proposed internal fencing (10 metres from the side and rear boundaries) will ensure that dogs cannot get within 10 metres of the boundary fencing. Although not directly relevant, this is generally consistent with the minimum side setback distance for dog kennels identified within PDC 11.


As the proposal excludes any built form and residential activities are already established on the subject land, flooding is not considered to be a risk factor which aligns with Objective 2 and the Desired Character statement.

General Section: Animal Keeping

The proposal is consistent with Objective 2 and PDC 1 as the location of the activities (to the rear of the dwelling) and the operational plan provided by the applicant will ensure that amenity impacts are mitigated. In particular, the deep setback of the dwelling on the subject land, relative to the neighbouring allotments at 223 and 227 Hayman Road (see Figure 2), ensures that activities are located well away from these neighbouring dwellings.

Figure 2

The proposal is also in accordance with the intent of PDC 5, as although the applicant has indicated the proposal is not for commercial purposes, the dwelling is occupied on a permanent basis.

As no dog kennels are proposed, PDCs 19, 20 and 21 which relate to dog kenneling do not apply.


General Section: Hazards

As the proposal excludes any built form and residential activities are already established on the subject land, there is no unacceptable flooding or bushfire risk.

General Section: Infrastructure

The subject land is accessed via an established all weather sealed road (Hayman Road) which is in accordance with Objective 3 and PDC 1(e).

There are no other known adverse impacts on existing infrastructure.

General Section: Interface between land uses

The interface between the development and surrounding land uses is the key issue when considering the suitability of the proposal.

As indicated above, the noise of barking dogs should be anticipated within the Animal Husbandry Zone and permanent dog kenneling activities (which are an envisaged use in the Zone) would generate more sustained noise than the proposed development. However, as discussed above, the applicant has located and designed the development to mitigate the impact of barking dogs on surrounding properties.

The suggestion that tree planting will act as a sound barrier and further reduce the noise of barking dogs deserves further attention. According to the Department of Planning, Transport and Infrastructure (Government of South Australia)1 in order for a vegetation buffer to be effective as a noise reducer, the following principles apply:

- Trees planted with dense foliage and branches that reach close to the ground or plant an under storey of dense shrubs

- Plant the vegetation as close to the noise source as possible - The wider the belt of trees, the greater the noise reduction (at least 15-30 metres

wide and 4-5 metres tall) - Ensure that there are no gaps to reduce noise penetration; and - Use broad leaved evergreens for year round noise screening

1 Government of South Australia, Reducing noise and air impacts from road, rail and mixed land use: a guide for builders, designers and the community, Department of Planning Transport and Infrastructure, see page 14 – source: https://www.sa.gov.au/__data/assets/pdf_file/0016/21391/Design_Guidelines_Reducing_noise_and_air_impacts_from_road_rail_and_mixed_land_use.pdf


The vegetation barrier proposed by the applicant (see Figure 3) does incorporate a variety of plant species and dense foliage at differing heights with a maximum tree height of 10 metres which aligns with the above recommendations. However, the proposed width of the barrier is only 6 metres and given the limited space on the property, increasing the width of the barrier is unfeasible. Therefore, it is unlikely the proposed tree planting will reduce the impact of noise associated with the proposed development.

Figure 3

However, the proposed vegetated barrier will:

- Improve the visual appearance of the development - Address the privacy concerns raised by the representors; and - Reduce visual distractions for the dogs which is likely to reduce their level of

barking.


Ultimately, the proposed development is consistent with Objectives 1 and 2 and PDCs 1(e), 2 and 6.

There is ample parking on the subject land to accommodate the number of vehicles proposed to attend the property for the activities and the applicant has identified suitable parking areas (see attached site plan). Vehicle parking is not proposed on the public road and a development plan condition is suggested to this effect. Therefore, the proposal is in accordance with PDC 1(h).

PDC 7 does not apply to the proposed development as dog keeping activities are excluded from the current Environment Protection (Noise) Policy 2007. However, it is noted the Policy does differentiate between acceptable day and night noise levels, with night levels commencing at 10.00pm. Therefore, the proposed hours of operation for the activities, with the latest finishing time being 10pm are considered to be acceptable (i.e. all activities will occur within day hours), especially when considering that dog barking is an expected noise in the locality. This is in accordance with PDC 1(b).

General Section: Landscaping, Fences and Walls

Proposed tree planting along the side and rear boundaries will enhance the appearance of the development, improve the overall visual amenity of the area and maintain privacy which is consistent with Objective 1 and PDC 1(i). This also addresses the concerns of the representors.

The choice of plant species proposed by the applicant is considered appropriate by Council’s Team Leader Horticulture and aligns with PDC 1(d), (k), and 2(a).

General Section: Open Space and Recreation

The proposal is consistent with Objective 3 as, although the development is located on private land, it will provide an additional opportunity and setting for recreational activities for others.

General Section: Orderly and Sustainable Development

The proposal aligns with Objective 3 and PDC 1 as it will not prevent the continuance of surrounding land uses and dog keeping is an expected land use which will not prejudice the development of the Zone for its intended purposes.


Similarly, the development is consistent with Objective 4 as it will not prejudice the overall intent of the Development Plan.

General Section: Siting and Visibility

The proposal is consistent with PDC 1(a) as all activities will take place to the rear of the dwelling; car parking will be accommodated on the subject land; and tree planting will enhance the visual appearance of the development. Therefore, there will be minimal impact on the rural character of the area.

General Section: Transportation and Access

The proposal was referred to Council’s Infrastructure Services Department who confirmed there are no vehicle access issues associated with the proposal. Further, off road car parking has been proposed and there is existing access to the rear of the property in the event of an emergency from Hayman Road. Therefore, the proposal aligns with Objective 2 (a), (b) and (c) and PDC 23.

Existing and proposed tree planting will shade and screen the vehicle parking areas, which is in accordance with PDC 36(j).

General Section: Waste

All solid animal waste will be collected and disposed of in an appropriate manner. This is in accordance with PDC 1(g) and 2. In addition, an ongoing Planning Condition has also been recommended to ensure the land is maintained and kept in a sanitary condition at all times.

Summary

Dog keeping is an envisaged and expected use within the Animal Husbandry Zone and responsible dog ownership and training should be encouraged. Similarly, the noise from barking dogs should be expected and the level of noise from the proposal will be significantly less than, for example, if permanent dog kennels were proposed.

Notwithstanding that the planning assessment has raised doubt over the likely success of tree planting as a sound barrier, the proposal has been sufficiently located and designed to mitigate impacts on surrounding properties and the amenity of the locality. Further, the applicant has prepared a detailed operational plan which is considered to


be more than adequate and clearly sets out an acceptable level of management for the property and overall development.

The applicant has addressed the concerns of the representors and, on balance, the proposal should be supported. The granting of Development Plan Consent is recommended, subject to conditions of approval.

RECOMMENDATION

1. That the Council Development Assessment Panel resolves that the proposal by Sue Mertineit for the use of land for dog obedience training, dog conformation training and dog socialisation at Lot 51, 225 Hayman Road, Lewiston (312/191/2015) is not seriously at variance with the District Council of Mallala Development Plan - consolidated 15 May 2014.

2. That the Council Development Assessment Panel resolves that the proposal by Sue Mertineit for the use of land for dog obedience training, dog conformation training and dog socialisation at Lot 51, 225 Hayman Road, Lewiston (312/191/2015), be GRANTED Development Plan Consent, pursuant to Section 33(1)(a) of the Development Act 1993, subject to the following conditions being imposed:

Development Plan Conditions

1. The development must be undertaken, completed and maintained in accordance with the details, plans, specifications and correspondence submitted with and forming part of Development Application 312/191/2015, except where varied by any conditions herein.

2. The use of the land for the activities approved as part of Development Application 312/191/2015 must only occur during the following periods:

o Friday 1800hrs - 2200hrs o Saturday 1200hrs - 1600hrs or 1600hrs - 2000hrs o Sunday 1200hrs - 1600hrs or 1600hrs - 2000hrs o Public Holidays 1200hrs - 1600hrs or 1600hrs - 2000hrs


3. No more than 20 dogs (including the 5 dogs approved under Development Authorisation No. 312/144/2015) must be allowed on the allotment at any time.

4. The planting of bushes, trees and shrubs along the northern, eastern and western boundaries must be carried out within the first planting season following the date of development approval. All plants must be nurtured and maintained at all times with plants replaced should they become diseased or die.

5. The land must be kept in a sanitary and properly maintained condition at all times, to the reasonable satisfaction of Council, with waste materials being removed on a regular basis so as to prevent fly breeding and the harbourage of vermin.

6. All car parking must be accommodated on the subject land and no motor vehicles must be parked on Hayman Road (including the road reserve).

Note:

The Applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction do not pollute the environment in a way which causes or may cause environmental harm.


Council Development Assessment Panel Page 35 of 56 1 December 2015

5.5 Updates


5.5 Updates



5.5.1 312/17/2014 – Ultimus Pty Ltd – Shop (supermarket and specialty

shops) and associated carparking, landscaping, fencing and advertising signage (Non-Complying) – Lot 12 Old Port Wakefield Road, Dublin

At the Panel meeting of 4 August 2015 the Panel agreed to seek the concurrence of the Development Assessment Commission in respect of the above application being granted Development Plan Consent, subject to 25 Development Plan Conditions. Being a non-complying form of development the concurrence of the Commission is required pursuant to Section 35 (3)(b) of the Development Act 1993. On 4 November 2015 the Council received notification advising that the Development Assessment Commission concurred with the decision of the Panel. Development Plan Consent was subsequently issued to the applicant on 12 November 2015.

A Building Rules Consent is still required to be submitted to Council before a Development Approval can be issued.

RECOMMENDATION

“that the Council Development Assessment Panel receives and notes the report”

Report prepared by the Development Services Coordinator


5.6 Strategic Projects and Development

Policy Update



“That Item 5.6 - Strategic Projects and Development Policy Update report, dated 1 December 2015, be received.”



Container No: CON12/218

Report Date: 1 December 2015 Prepared by: Strategic Projects Coordinator

Purpose:

To inform on the progress of Development Plan Amendments, projects and programs being undertaken by the Strategic Projects Team.

Background This report provides an update on the current status of Strategic Projects and Development Plan Amendments, undertaken by the Strategic Projects Team. Land Use Planning Project/Action

Prepare the Broadacre Farming Study

The Broad Acre Farming study has been completed and the final report has been presented to the Council.

Prepare the Equestrian/Horse Industry Study

The Consultant has finalised both the 1A and 1B reports. The reports will be presented to the Strategic Planning and Development Policy Committee on 30 November with a recommendation that Council receive the report.

Open Space Planning Project/Action

Open Space - Community Land Management Plan

The draft Open Space Plan and draft Community Land Management Plans will be presented to Council for public consultation approval. Due to other Council commitments, public consultation has been put on HOLD until early in 2016

Prepare a Coastal Access Strategy

Objectives of the strategy are: to promote and protect the coastal areas; to ensure sustainable and appropriate access to the coastal areas; and, to manage inappropriate activities in the coastal areas within the District Council of Mallala. Administration has undertaken a desk top assessment of Federal, State and Local Government strategies and plans to ensure the strategy addresses Council’s obligations with regard to the coastline and to minimise the likelihood of duplication.


Council officers have prepared a project brief as an outline for the proposed strategy. Preparation of the strategy will be undertaken during the 2015/16 financial year. The State Government has proposed to establish an International Bird Sanctuary along a 60 kilometre stretch of the Gulf St Vincent coastline from the Barker Inlet in the south to Parham in the north. In developing the Coastal Access Strategy, Council will need to be cognisant of the proposed Adelaide International Bird Sanctuary.

Review the Two Wells Stormwater Management Plan

Development of the Stormwater Management Plan has been completed. The plan will be submitted to the Stormwater Management Authority once it has been endorsed by the Adelaide and Mount Lofty Natural Resources Management Board. (AMLNRM Board).

Seek to implement recommendations of the Coastal Settlements Adaptation Study

Council were successful in securing funding from the Natural Disaster Resilience Scheme to develop a Community Emergency Management Plan (CEMP) for Middle Beach. Administration issued an Expression of Interest to six Consultants to develop the CEMP. Administration is in the process of engaging the preferred Consultants. It is anticipated that the project will be initiated in December 2015. This is the first of four CEMPs to be developed.

Further to this a Coastal Settlements DPA will facilitate the inclusion of land use policy to address the future direction of development in the four settlements. This has been identified as a medium priority in the current Strategic Directions Report.

Development Plan Amendments DPA Name Current Status

Gawler River and River Light Flood Prone Areas DPA

The Gawler River Flood Management Authority has released the updated mapping of the Gawler River.

A revised Statement of Intent (SOI) for the Stage 1 DPA was endorsed by Council and was submitted to the Minister for Planning in October 2015. Administration is awaiting approval by the Minister prior to initiating the DPA.

The Stage 1 DPA will allow for update mapping and minor policy amendments to reflect mapping references.

The Stage 2 DPA will allow for a more formal review of planning policy taking a risk based approach to land uses within the flood hazard areas.


Two Wells Town Centre DPA

The DPA and Summary of Consultation and Proposed Amendments (SCPA) Report have been endorsed by Council and were submitted to the Minister for Planning in October 2015. Administration is awaiting the outcome of the submissions.

Miscellaneous DPA Since the conversion of Council’s Development Plan in January 2013 to the Better Development Plan (BDP), a range of errors and inconsistencies have been identified in the Plan. In addition, the wording of a number of policies has caused confusion during the development assessment process and rephrasing these policies in the Plan will improve the clarity and subsequent interpretation of these policies. Undertaking amendments to the current Development Plan also affords the opportunity to update other areas of the Plan concurrently, such as condensing the Desired Character Statements and updating generic policies that have been developed by the South Australian Planning Policy Library. The Miscellaneous DPA will be prepared internally by Council Administration as no budget has been allocated.

Other Projects Project Name Current Status

National Climate Change Adaptation Research Facility (NCCARF) - Decision Pathways Tool

The National Climate Change Adaptation Research Facility (NCCARF) was established in 2008 with a grant from the Australian Government of $50 million over five years. It is based at Griffith University, but has a mandate to operate nationally. Its mission is to develop and communicate the knowledge needed by decision makers to adapt effectiveIy to climate change. In July 2015 the District Council of Mallala was one of 8 national partners to enter into an agreement with NCCARF to be project partners to work with NCCARF in the development and implementation of the Coastal Climate Risk Management Tool. NCCARF provided a financial contribution of $10,000 for DCM to be involved in the project. The Strategic Projects Coordinator has attended two workshops with the Project Team. To date the Project Team has


investigated and collated information pertaining to the impacts of sea level rise on communities around Australia. In addition to assisting with the development of the Risk Management Tool, DCM has the opportunity to showcase the work it has undertaken to date with regard to the Coastal Settlements Adaptation Study. This will include the development of a short video that will be posted on the NCCARF website.

Summary The activity report is presented to provide an update on the current status of Strategic Projects and Development Plan Amendments, undertaken by the Strategic Projects Team.


notice of ordinary meeting of council dog conformation training and dog socialization lot 51, –...

Documents