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Item 5.2

145/8118/2017 Supple Winery Trust

Attachment 1.2.1

Plans and supporting document

Please note that attachments on our website are separate to each report. If these documents are reproduced in any way, including saving and printing, it is an infringement of copyright under the Copyright Act 1968(Cth) (the Act). By downloading this information, you acknowledge and agree that you will be bound by the provisions of the Act and will not reproduce these documents without the express written permission of the copyright owner.

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Contour plan Lot 1 – 145/8118/2017

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Item 5.2


Attachment 1.2.2

Statement of Support and Effect


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STATEMENT OF EFFECT

TORRENS TITLE LAND DIVISION APPLICATION 145/D045/2017 - TO DIVIDE LAND

(2 INTO 3) ALLOTMENT 1 IN DP 14878 AND ALLOTMENT 5 IN DP 17213,

CLARENDON

Prepared for Trevor Supple

Report prepared by Adelaide Planning & Development Solutions PTY LTD

Contact Mark Kwiatkowski

Telephone 0499933311

Email [email protected]

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Adelaide Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers e: [email protected] I ph: 0499933311 I w: www.adelaideplanning.com.au

STATEMENT OF EFFECT

Lead Consultant ADELAIDE PLANNING AND DEVELOPMENT SOLUTIONS PTY LTD

In association with J & S SURVEYORS

Project Manager Mr Mark Kwiatkowski

Ph: 0499933311

Email: [email protected]

Document History and Status

Version Date Author

V 1.0 August 2019 Mark Kwiatkowski, APDS

© APDS PTY LTD

All rights reserved; these materials are copyright. No part may be reproduced or copied in any way,

form or by any means without prior permission.

This report has been prepared for APDS’ client. APDS and its associated consultants are not liable to

any person or entity for any damage or loss that has occurred, or may occur, in relation to that person

or entity taking or not taking action in respect of any representation, statement, opinion or advice

referred to herein.

APDS – www.adelaideplanning.com.au

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ABN 55910297825


1.0 Application Overview

Applicant Trevor Supple

Address Allotment 1 in DP 14878 and allotment 5 in DP 17213, Clarendon

Existing allotment size 21.69 Ha and 1.97 Ha

Development Plan Onkaparinga Council Development Plan Consolidated – 21 April

2016

Zone Township Zone

Policy Area Clarendon Policy Area 57

Precinct Area Living Precinct 24, Landscape Environs Precinct 23 and Mixed

Use Precinct 25

Maps ONKA/34 and 35

Existing Land Use Old Clarendon Inn which contains a restaurant / wine bar /

function room and detached motel with parking. Vineyards and

ancillary outbuildings

Development proposal Torrens title land division application 145/D045/2017 - to divide

land (2 into 3) lot 1 grants gully road, clarendon (allotment 1 in

DP 14878 and allotment 5 in DP 17213)

Public notification Category 3

Referrals None

Relevant Authority Onkaparinga Council / SCAP

Contact person Mr Mark Kwiatkowski Ph 0499933311

[email protected]

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2.0 Introduction

This Statement of Effect has been prepared by Adelaide Planning and Development Solutions (APDS)

on behalf of Trevor Supple.

Pursuant to Maps ONKA/34 and 35, the subject land is located within the Township Zone of the

Onkaparinga Council Development Plan Consolidated 21 April 2016.

The procedural matters table of the Township Zone states:

Development (including building work, a change in the use of land, or division of an allotment) for the

following is non-complying:

Land division - except where it achieves one of the following (a) to (d):

(c) where located within Precinct 23 Landscape Environs of the Clarendon Policy Area 57 and all of the

following apply:

(i) no additional allotments are created, either partly or wholly within the policy area

(ii) the development of the proposed allotments does not result in a greater risk to pollution of surface

or underground waters than would the development of existing allotments

(iii) each resulting allotment provides a suitable site for a detached dwelling which achieves all of the

following with (A) to (F):

(A) it is not located in areas subject to inundation by a 1-in-100 year average return interval flood event

or sited on land fill which would interfere with the flow of such flood waters

(B) it is connected to an approved waste treatment system which may include sewage, Community

Wastewater Management System, or on-site wastewater treatment and disposal methods

(C) it does not have any part of a septic tank effluent drainage field or any other wastewater disposal

area (e.g. irrigation area) located within 50 metres of a watercourse

(D) it does not have a wastewater disposal area located on any land with a slope greater than 20 per

cent (1-in-5), or depth to bedrock or seasonal or permanent water table less than 1.2 metres

(E) it does not have a septic tank, or any other wastewater treatment facility located on land likely to

be inundated by a 1-in-10 year average return interval flood event

(F) it is sited at least 25 metres from any watercourse

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The proposed development which is creating an additional allotments are within the policy area is

unable to satisfy these exceptions and therefore is a non-complying form of development.

This Statement of Effect has been prepared in accordance with Section 39(2) (d) of the Development

Act 1993, and Regulation 17(5) of the Development Regulations 2008.

This statement includes:

(a) a description of the nature of the development and the nature of its locality; and

(b) a statement as to the provisions of the Development Plan which are relevant to the assessment of

the proposed development; and

(c) an assessment of the extent to which the proposed development complies with the provisions of the

Development Plan; and

(d) an assessment of the expected social, economic and environmental effects of the development on

its locality; and

(e) any other information specified by the relevant authority when it resolves to proceed with an

assessment of the application (being information which the relevant authority reasonably requires in

the circumstances of the particular case).

(f) and may include such other information or material as the applicant thinks fit.

In preparing this Statement of effect, I can confirm that I have reviewed the proposal plans prepared

by Jeans and Sommerville Surveyors Pty Ltd along with the most pertinent provisions of the


I have also inspected the subject land and locality.

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3.0 Background

3.1 Existing use rights for the site.

The subject land as a whole contains a number of land uses.

The front portion of the subject land has a longstanding use as the Old Clarendon inn which provides a

function centre and motel to the rear of the allotment.

The remainder of the rear allotment site contains vines which have been designed to follow the natural

contours of the subject land.

The site currently has existing access from Miller Street which connects to Grants Gully Road. Further,

the rear allotment (in the area of the proposed allotment) has access to Luke Street.

3.2 Council Resolution to Proceed to assess the non-complying proposal.

Correspondence was received from Council Administration on 17 June 2019 to proceed to the

assessment of the Non Complying application based on the determination that access was able to be

obtained from Luke Street and a suitable waste water system would be able to be accommodated on

the site for future residential development.

A Statement of Effect was requested in order to assess the merits of the application in accordance with

Regulation 17 (5) of the Development Regulations 2008.

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4.0 Subject Land and Locality

4.1 Subject Land

Figure 1 Subject land identified in blue

The subject land comprises two allotments - Allotment 1 in DP 14878 and allotment 5 in DP 17213 in

Clarendon. Allotment 1 is contained within the Mixed Use Precinct and allotment 5 is contained within

the Landscape Environs Precinct.

The subject land as a whole has a total site area of approximately 22.74 Ha and has an access point

from Miller Street (which is accessed from Grants Gully Road) along the north eastern boundary and

also allows for access to Luke Street in the north western corner.

The north eastern portion of the site contains the Old Clarendon Inn which contains a restaurant / wine

bar / function room and detached motel with parking along the north western portion of the site to the

front of the main building. There are a number of smaller outbuildings to the rear of the main building.

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The rear allotment and the remainder of the subject land contains vines which have been designed to

follow the natural contours of the subject land with a dam and outbuilding in the middle of the site.

Allotment 1 is located within both the Living Precinct and Mixed Use Precinct. Allotment 5 is located

within the Landscape Environs Precinct.

The land has a significant slope from the north east to the west and a fall from the middle of the site to

the south.

Electricity Towers and Power Lines extend through the middle of the rear allotment.

The Onkaparinga River runs along the southern and south eastern portion of the site.

4.2 Locality

Figure 2 Locality Plan

The locality consists of a mix of rural living / residential nature to the east and south of the subject land

and residential /commercial nature along Grants Gully Road.

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A vacant allotment abuts the subject land on the northern side of Miller Street, Silvestri’s function centre

on the opposite side of Miller street, a number of heritage buildings, the general store, and single storey

detached dwellings on medium to large sized allotments along Grants Gully Road.

The allotments along Luke Street contain a mix of single and two storey detached dwellings on medium

to large sized allotments. A converted church abuts the subject land to the north which is a heritage

listed building. Dwellings on allotments have been generally located to minimise the extent of cut and

fill required following the natural topography of the land.

The land to the east and south is used for rural / primary production purposes which contains limited

development.

5.0 Planning Assessment

5.1 Nature of Development

The application seeks a Torrens title land division (145/D045/2017) which will to divide two allotments

into three and will also result in internal boundary realignments between Allotments 1 in and 5.

More specifically, the proposal includes:

• Creation of an additional allotment resulting in three separate allotments with the following site

areas

o Allotment 100 - 2627 square metres (new residential allotment)

o Allotment 101 - 2.284 Hectares

o Allotment 102 20.2 Hectares

• Creation of a new access point for Allotment 100 to Luke Street

The above application involves the realignment of the boundary between allotments 1 & 5 and the

creation of an additional allotment for residential purposes.

The reasons for the realignment of this boundary are twofold.

Firstly, there is a need to install a large concrete tank to service the winery complex as required by the

Building Fire Safety Committee. The most viable location for this site is an area in the north eastern

corner of allotment 5. This site permits easy vehicular access from the winery and should be added to

that allotment.

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Secondly, as the situation currently exists, a number of the winery buildings encroach across the

boundary between the two allotments. This is an undesirable situation which needs to be rectified. The

proposed realigned boundary allows working space behind the winery buildings and has been

selected to follow the contours. This is important for access and general property maintenance.

The additional allotment being created would exist predominantly within Township Precinct 24. The

small portion within Precinct 23 is currently subject to a free and unrestricted right of way and no

development would be permitted on this area.

The allotment has access to Luke Street which provides access to existing services.

The condition of the Heritage Winery Complex has deteriorated markedly and continues to do so.

Creating the additional allotment would provide extra cash flow for the owners and will allow for the

restoration of the complex to be undertaken.

The Clarendon Winery has great historical significance to the area and, given the existing situation, this

land division is beneficial to the continuing viability of the complex.

5.2 Kind of Development

Pursuant to Maps ONKA/34, the subject land is located within the Township Zone of the Onkaparinga

Council Development Plan Consolidated 21 April 2016.

The procedural matters table of the Township Zone states:

Development (including building work, a change in the use of land, or division of an allotment) for the

following is non-complying:

Land division - except where it achieves one of the following (a) to (d):

(c) where located within Precinct 23 Landscape Environs of the Clarendon Policy Area 57 and all of the

following apply:

(i) no additional allotments are created, either partly or wholly within the policy area

(ii) the development of the proposed allotments does not result in a greater risk to pollution of surface

or underground waters than would the development of existing allotments

(iii) each resulting allotment provides a suitable site for a detached dwelling which achieves all of the

following with (A) to (F):

(A) it is not located in areas subject to inundation by a 1-in-100 year average return interval flood event

or sited on land fill which would interfere with the flow of such flood waters

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(B) it is connected to an approved waste treatment system which may include sewage, Community

Wastewater Management System, or on-site wastewater treatment and disposal methods

(C) it does not have any part of a septic tank effluent drainage field or any other wastewater disposal

area (e.g. irrigation area) located within 50 metres of a watercourse

(D) it does not have a wastewater disposal area located on any land with a slope greater than 20 per

cent (1-in-5), or depth to bedrock or seasonal or permanent water table less than 1.2 metres

(E) it does not have a septic tank, or any other wastewater treatment facility located on land likely to

be inundated by a 1-in-10 year average return interval flood event

(F) it is sited at least 25 metres from any watercourse

The proposed development which is creating an additional allotments are within the policy area is

unable to satisfy these exceptions and therefore is a non-complying form of development.

This Statement of Effect has been prepared in accordance with Section 39(2) (d) of the Development

Act 1993, and Regulation 17(5) of the Development Regulations 2008.

The Development Act and Regulations sets out an assessment process for non-complying forms of

development. Although Non complying forms of development are not generally considered

appropriate or desirable within a particular zone, there are numerous circumstances where non

complying forms of development can be appropriate. Non complying development can be

approved, however they necessitate a more rigorous assessment process that requires both the

Council and the State Commission Assessment Panel to agree.

In preparing this Statement of effect, I can confirm that I have reviewed the proposal plans prepared

by Jeans and Sommerville Surveyors Pty Ltd along with the most pertinent provisions of the


I have also inspected the subject land and locality.

In my view, whilst being non-complying, the proposal is acceptable when balanced against all the

relevant provisions of the Development Plan, the existing use of the site and the intent of the relevant

provisions of the Zone.

This will be explored within the content of this report.

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5.3 Development Plan Assessment

We have considered the most relevant provisions of the Township Zone with respect to their intent as

well as the relevant general section provisions.

5.3.1 Summary of Relevant provisions

The development application is required to be assessed against the Development Plan in effect at the

time of lodgement, being the Onkaparinga Council Development Plan Consolidated 21 April 2016.

The following table summarises the provisions which are most relevant in the assessment of this

application.

General Section / Zone / Policy Area Objectives Principles

Township Zone 1, 2, 3 1, 2, 3, 4, 10

Clarendon Policy Area 57 1, 2 Desired Character

Statement

1, 2

Precinct 23 Landscape Environs Desired Character

Statement

6, 7, 8, 9, 11, 12, 13,

Precinct 24 Living Precinct Desired Character

Statement

23, 25, 26, 28

Precinct 25 Mixed Use Desired Character

Statement

31, 32

General Section

Land Division 1, 2, 3, 4, 5 1, 2, 5, 6, 9

Interface between land uses 1, 2, 3 1, 2, 4, 13, 14, 15, 16, 17

Hazards 1, 2, 4, 5 1, 2, 2, 5, 10

Orderly and Sustainable Development 1, 2, 3, 4, 5, 6, 7 1, 2, 4, 8

Transportation and Access 2 8, 14, 22, 23, 29

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5.3.2 Township Zone

Objective 1 Services and facilities grouped together to serve the local community and the visiting

public.

Objective 2 Increased mix in the range of dwellings available to cater for changing demographics,

particularly smaller household sizes and supported accommodation.

Objective 3 Conservation and enhancement of the main road streetscape and scenic rural setting of

the township.

Principle of Development Control 1 The following forms of development are envisaged in the zone:

• Dwelling

• Small-scale tourist development

Principle of Development Control 2 Development listed as non-complying is generally inappropriate.

Principle of Development Control 3 Residential development should be mainly in the form of low-

density detached dwellings, with a limited range of increased density development.

Principle of Development Control 4 Business and commercial development should be of a scale and

function consistent with the role of the township as a local service centre supplying a range of goods

and services to the local community, the surrounding district and visitors to the area.

Land Division

Principle of Development Control 10 Allotments should vary in size and be suitable to facilitate a use of

land consistent with the objectives for the zone.

The above Objectives and Principles of Development Control relating to land use of the Township Zone

encourages services and facilities grouped together to serve the local community and the visiting

public, Increased mix in the range of dwellings available to cater for changing demographics,

particularly smaller household sizes and supported accommodation and Conservation and

enhancement of the main road streetscape and scenic rural setting of the township.

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The subject land has a longstanding use as the Old Clarendon inn which provides a function centre

and motel to the rear of the site on the front allotment. The remainder of the rear allotment site

contains vines which have been designed to follow the natural contours of the subject land which will

not substantially change as a result of the proposed land division.

The proposal seeks to create an additional allotment which is contained within the Living Policy area

and Landscape Environs Precinct in the north western corner of the site which will result in an additional

residential allotment to add to the increased mix in the range of allotments for a future dwelling to

cater for changing demographics in keeping with other dwellings along Luke Street. The additional

allotment will allow for the future redevelopment of the allotment for residential development with

appropriate access, sufficient area for a dwelling to be constructed and sufficient area for the

provision of a waste system which has been given in principle support by Council administration.

Further, the proposal will maintain the existing use of the site as a small scale tourist facility / business in

the form of the Old Clarendon inn which provides a function centre and motel on the front portion of

the site and further vines on the remainder of the site retaining the main road streetscape and scenic

rural setting of the township at the rear of the site.

On this basis, whilst being non complying, it is considered that the proposal satisfies the intent of the

Objectives and Principles of Development Control as they relate to the Township Zone.

5.3.2.1 Township Zone Clarendon Policy Area 57

Objective 1 Conservation and enhancement of the town’s historic character, village atmosphere and

scenic rural setting.

Objective 2 Development that contributes to the desired character of the policy area.

DESIRED CHARACTER

It is important to adopt a new role for the town which deliberately reinforces its finest qualities and

offers the means to better manage its assets. The development of select markets in tourism, recreation,

leisure and local cultural product can serve this end. Area specialisation in small-acreage farming,

yielding a diversity of high quality product, can also assist in promoting Clarendon as a location of

specific importance.

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Tourist development will be centered on low volume, high-yield markets, promoting local product and

the intrinsic qualities of the area. The scale and nature of tourist development will befit the character of

the town and its surroundings. For example, bed and breakfast accommodation and cottage style

accommodation is envisaged in lieu of motel accommodation.

Principle of Development Control 1 The following forms of development are envisaged in the policy

area:

▪ dwelling

▪ dwelling addition

▪ farming

▪ horticulture

▪ small-scale commercial development

▪ small-scale tourist development

Principle of Development Control 2 Development should not be undertaken unless it is consistent with

the desired character for the policy area.

As outlined in the zone provisions, the proposal will result in the majority of the land being retained as a

small scale tourist facility / business in the form of the Old Clarendon inn which provides a function

centre and motel on the front portion of the site and further vines on the remainder of the site retaining

the main road streetscape and scenic rural setting of the township at the rear of the site. The

additional allotment to the rear will allow for the future development of the site for residential / rural

living purposes.

When viewed from the surrounding locality, the proposal will not change the appearance of the site

and will result in the conservation and enhancement of the town’s historic character, village

atmosphere and scenic rural setting in keeping with the intent of the Township Zone Clarendon Policy

Area 57.

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5.3.2.2 Township Zone Precinct 23 Landscape Environs

This precinct is characterised by a rural landscape that forms the visual setting and backdrop for the

town of Clarendon. Development will enhance the amenity and landscaped for the enjoyment of

residents and visitors.

Small scale, low impact agricultural and home based industries are envisaged where they expand the

economic base of the region. Industries will be based upon the processing of agricultural produce

primarily from the region and specialise in the production of organic, gourmet and bush food. Homes

based industries will be based on rural, arts, craft, tourist, cultural or heritage activities appropriate to

the region. Development will complement the region’s character and enhance tourist or heritage

activities and be compatible with local areas.

Where appropriate, low impact and small-scale sustainable tourism development with

accommodation, attractions and facilities which relate to and interpret the natural and cultural

resources of the area, and increase the opportunities for visitors to stay overnight, is envisaged.

Activities which produce strong organic, chemical, or other intractable wastes, will not be established.

Land Use


area:

▪ farming (small scale)

▪ home based industry

▪ horticulture

▪ mineral water extraction and processing plant

▪ small scale facility associated with the interpretation and appreciation of natural and cultural

heritage

▪ small-scale tourist development in the form of bed and breakfast accommodation

▪ winery.


the desired character for the precinct.

Principle of Development Control 9 Development should be sensitive to the landscape qualities of the

river environment.

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Principle of Development Control 11 The external materials of buildings should be of natural colours so

as to be unobtrusive, blend with a natural rural landscape and minimise visual intrusion.

Principle of Development Control 12 New buildings and alterations and/or additions to existing buildings

should be designed and constructed to be compatible with the character, scale, form and materials of

existing buildings.

Principle of Development Control 13 The excavation and/or filling of land should:

(a) be kept to a minimum and be limited to a maximum depth or height no greater than 1.5 metres so

as to preserve the natural form of the land and the native vegetation

(b) only be undertaken in order to reduce the visual impact of buildings, including structures, or in order

to construct water storage facilities for use on the allotment

(c) only be undertaken if the resultant slope can be stabilised to prevent erosion

(d) result in stable scree slopes which are covered with top soil and landscaped so as to preserve and

enhance the natural character or assist in the re-establishment of the natural character of the area.

The rear portion of the site within the Township Zone Precinct 23 Landscape Environs currently contains

the vineyards and which will maintain the rural landscape that forms the visual setting and backdrop

for the town of Clarendon and will preserve the amenity and landscaped for the enjoyment of

residents and visitors. A small portion of allotment 5 will be divided to allow for access to the new

allotment to Luke Street (as shown in the image below) however this will not be developed on given

the existing right of way from Luke Street which extends along the north eastern boundary allowing a

right of way for access to the allotment to the east.

Extent of division of land within the Township Zone Precinct 23 Landscape Environs (Green)

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Whilst from a technical point of view, the proposal is creating an additional allotment within the

Township Zone Precinct 23 Landscape Environs which is non complying, the proposal will only result in

the actual development of land within the Township Zone Precinct 24 Living Policy Area for residential

purposes. The portion of the new allotment within the Township Zone Precinct 23 Landscape Environs

provides access from the new allotment to Luke Street through the proposed free and unrestricted right

of way.

The portion of the boundary realignment which encroaches into the Precinct 23 Landscape Environs

reflects the current on the ground situation reflecting the two uses of the allotments – one for the

vineyards and the other for the Old Clarendon inn which provides a function centre and motel on the

front portion of the site. The current existing allotment boundary runs through the rear of the main

function room building and motel building as shown in the image below.

The proposal will not result in any physical change to the appearance of the land (with the exception

of a future driveway to the north eastern corner of the site which will be designed to follow the natural

contours of the land) and will maintain the rural landscape that forms the visual setting and backdrop

for the town of Clarendon as envisaged by the Policy Area provisions.

On this basis, whilst the proposal results in the division of a small portion of land within the Precinct 23

Landscape Environs, it is considered that the proposal is suitable and satisfies the intent of the

Development Plan in this instance.

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5.3.2.3 Township Zone Precinct 24 Living Policy Area

This precinct comprises those parts of the town that are devoted primarily to residential use together

with limited, small scale non-residential uses interspersed throughout this area. Some additional non-

residential uses are envisaged providing that residential amenity is preserved.

New development and redevelopment of existing premises will adopt a form, height, scale and

appearance that reflect the simple historic character of the precinct.

The setbacks of buildings from street frontages, site frontage widths and the spaces around buildings

will be consistent with the historic buildings and predominant historic character attributes of the

relevant part of the precinct which will assist in maintaining the low density highly landscaped

appearance of the area.

The allotment pattern and siting of dwellings and outbuildings varies in a random manner but

predominantly dwellings occupy large to very large allotments and have a spacious and highly

landscaped appearance.

Land division will not be prejudicial to the retention of the historic pattern of development in its locality.

The Grants Gully Road corridor maintains a simple historic, small town character comprising a two lane

road with generally uncluttered verges that is lined by both buildings and vegetation on private land. It

is desirable that the road be visually narrowed to a genuine two lane width through an avenue of tree

planting along the northern road verge (south side avenue planting will commence east of the hotel)

and define the roads edge through features such as timber bollards. It is desirable that taller trees are

planted within properties on south-side of Grants Gully Road.


area:

▪ domestic outbuilding/structures in association with a dwelling

▪ dwelling

▪ dwelling addition

▪ small scale tourist development

▪ supported accommodation.



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Principle of Development Control 26 A dwelling should not be sited within 15 metres of a definable

creek line (measured from the creek’s top-of-bank) or within a 1-in-100 year average return interval

flood line.

Principle of Development Control 28 Allotments should have an:

(a) area of not less than 1000 square metres

(b) frontage of not less than 25 metres.

The proposed land division seeks to create an additional allotment (allotment 100) which will result in an

area of 2627 square metres with the majority of the allotment contained within the Township Zone

Precinct 24 Living Policy Area. Whilst the proposal is only for the division of the land, the allotment

provides sufficient size for the development of the site for a future dwelling which has access to Luke

Street and provides sufficient area for a waste system in accordance with preliminary comments from

Council administration. The proposed allotment will result in an allotment pattern which reflects the mix

of allotment sizes within the immediate locality with access from Luke Street.

Any future development of the site for residential purposes will adopt a form, height, scale and

appearance that reflect the simple historic character of the precinct with appropriate setbacks of

buildings from street frontages and spaces around buildings maintaining the low density highly

landscaped appearance of the area in accordance with the intent of the precinct.

5.3.2.4 Township Zone Precinct 25 Mixed Use

The purpose of this precinct is briefly outlined as an area comprising the central part of the town that

has traditionally supported a wide variety of uses.

Residential use forms a significant component but co-exists with a range of business, commercial and

community uses, mostly of quite modest scale. Residential use is an important off-set to non-residential

use in terms of maintaining village character and atmosphere. In this regard heritage cottages fronting

the Main Street in residential use will be specifically retained as dwellings.

Businesses catering to low-volume tourism, the hospitality trade and the daily needs of local residents

will commonly feature within the area. Traditional elements such as the general store, church,

community hall and hotel will be preserved and complimented rather than displaced by new

development. Complimentary uses may include a tearoom, restaurant, coffee shop, art and craft

studio/gallery, plant nursery, reception facilities, small-scale tourist accommodation, and tourist

promotion.

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Commercial and business development will be of a scale and nature that pays careful regard to the

historic built-form fabric of the town. Wherever possible, business and commercial uses will be sited

within existing buildings and aid heritage conservation.

Although Grants Gully Road is an arterial road, the dominance of through traffic over its main street role

will be reduced through a narrowing of the road, principally through the introduction of street trees to

define the edges of the carriageway. Additional features will include changes in road pavement, street

lighting, street furniture, timber bollards, signage and block paved footpaths of styles and colours

consistent with the historic character of the town to define its main street role and improve its setting.

Land division will be limited so that the historic pattern of development within the precinct including

allotment and site frontages, the rhythm of spaces between the built form and the pattern of space

around buildings are maintained.


area:

▪ art/craft studio/gallery

▪ plant nursery

▪ reception facility

▪ café/restaurant

▪ small scale commercial development

▪ shop

▪ small scale tourist accommodation.



The north eastern portion of the site contains the Old Clarendon Inn which contains a restaurant / wine

bar / function room and detached motel with parking along the north western portion of the site to the

front of the main building with access from Miller Street which will not be altered as a result of the

proposed land division. The proposal maintains the approved and longstanding use of the land as the

Clarendon Inn.

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5.3.3 General Section

5.3.3.1 General Section – Land Division

Objective 1 Land division that occurs in an orderly sequence allowing efficient provision of new

infrastructure and facilities and making optimum use of existing underutilised infrastructure and facilities.

Objective 2 Land division that creates allotments appropriate for the intended use.

Objective 3 Land division layout that is optimal for energy efficient building orientation.

Objective 4 Land division that is integrated with site features, including landscape and environmental

features, adjacent land uses, the existing transport network and the availability of infrastructure.

Objective 5 Land division restricted in rural areas to ensure the efficient use of rural land for primary

production and avoidance of uneconomic infrastructure provision.

With regard to the above Objectives, the proposed land division will utilise the existing infrastructure

connected to the subject land and will result in an additional residential allotment at a density in

keeping with the intent of the Township Zone Precinct 24 Living Policy Area requirements. Further, the

proposal will result in an appropriate orientation of the allotment which will provide optimal for energy

efficient building orientation. Further, the proposal will maintain the use of allotment 5 for rural /

viticultural purposes.

Principle of Development Control 1 When land is divided:

(a) stormwater should be capable of being drained safely and efficiently from each proposed

allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment

(c) provision should be made for the disposal of wastewater, sewage and other effluent from each

allotment without risk to health

(d) proposed roads should be graded or be capable of being graded to connect safely and

conveniently with an existing road or thoroughfare.

It is considered that any future development of the allotment will accommodate a suitable stormwater

management proposal which will ensure that there will be a minimal impact on landform and drainage

systems will not result in any flooding or lead to or result in the exploitation or pollution of a water

resource. Access to the site will be from the existing road network. The suitability of the stormwater and

access to infrastructure will be considered in more detail at the land use application stage.

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Principle of Development Control 2 Land should not be divided if any of the following apply:

(a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable for the

intended use

(b) any allotment will not have a frontage to one of the following:

(i) an existing road

(ii) a proposed public road

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut and/or fill

(d) it is likely to lead to undue erosion of the subject land or land within the locality

(e) the wastewater treatment plant to which subsequent development will be connected does not

have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated

by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal

system within the allotment that complies with (or can comply with) the relevant public and

environmental health legislation applying to the intended use(s)

(g) any allotments will straddle more than one zone, policy area or precinct

(h) the allotments unreasonably restrict access to publicly owned land such as recreation areas.

The proposed land division in this instance provides an additional allotment with a size and shape which

is suitable for its intended residential / rural living land use. The proposed allotment has access to an

existing road, will not result in excessive cut and or fill and will be connected to the existing

infrastructure that services the subject land.

Design and Layout

Principle of Development Control 5 Land division should result in allotments of a size suitable for their

intended use.

Principle of Development Control 6 Land division should facilitate optimum solar access for energy

efficiency.

The proposal the proposal will result in an appropriate orientation of the allotment which will provide

optimal for energy efficient building orientation in keeping with the intent of the above Principle of

Development Control.

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Principle of Development Control 9 Allotments should have an orientation, size and configuration to

encourage development that:

(a) minimises the need for earthworks and retaining walls

(b) maintains natural drainage systems

(c) faces abutting streets and open spaces

(d) does not require the removal of native vegetation to facilitate that development

(e) will not overshadow, dominate, encroach on or otherwise detrimentally affect the setting of the

surrounding locality.

The proposed allotment will have an orientation, size and configuration which will result in the future

residential development which will not require significant earthworks or retaining walls; will not require

the removal of native vegetation; and will not overshadow, dominate, encroach on or otherwise

detrimentally affect the setting of the surrounding locality in accordance with the intent of the above

Principle of Development Control.

5.3.3.2 General Section – Interface between land uses

Objective 1 Development located and designed to minimise adverse impact and conflict between

land uses.

Objective 2 Protect community health and amenity from adverse impacts of development.

Objective 3 Protect desired land uses from the encroachment of incompatible development.

Principle of Development Control 1 Development should not detrimentally affect the amenity of the

locality or cause unreasonable interference through any of the following:

(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants

(b) noise

(c) vibration

(d) electrical interference

(e) light spill

(f) glare

(g) hours of operation

(h) traffic impacts.

Principle of Development Control 2 Development should be sited and designed to minimise negative

impacts on existing and potential future land uses desired in the locality.

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Principle of Development Control 4 Residential development adjacent to non-residential zones and

land uses should be located, designed and/or sited to protect residents from potential adverse impacts

from non-residential activities.

Principle of Development Control 13 The potential for adverse impacts resulting from rural development

should be minimised by:

(a) not locating horticulture or intensive animal keeping on land adjacent to townships

(b) maintaining an adequate separation between horticulture or intensive animal keeping and

townships, other sensitive uses and, where desirable, other forms of primary production.

Principle of Development Control 14 Traffic movement, spray drift, dust, noise, odour and the use of

frost fans and gas guns associated with primary production should not lead to unreasonable impact on

adjacent land uses.

Principle of Development Control 15 Existing primary production and mineral extraction should not be

prejudiced by the inappropriate encroachment of sensitive uses such as urban development.

Principle of Development Control 16 Development that is adjacent to land used for primary production

(within either the zone or adjacent zones) should include appropriate setbacks and vegetative

plantings designed to minimise the potential impacts of chemical spray drift and other impacts

associated with primary production.

Principle of Development Control 17 New urban development should allow for a buffer of at least 40

metres wide (inclusive of any fuel break, emergency vehicle access or road) separating urban and

rural activities.

Orderly planning attempts to ensure that there is appropriate separation between incompatible land

uses generally by establishing zones in which certain activities are contemplated. Development should

be located and designed to minimise adverse impact and conflict between land uses whilst ensuring

the protection of desired land uses from the encroachment of incompatible development.








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Further, the proposal will maintain the existing uses on the adjoining allotments for viticultural purposes

and the proposed allotment is of a sufficient size to allow for adequate buffering / screening to the

existing adjoining viticultural land use.

5.3.3.3 General Section – Hazards

Objective 1 Maintenance of the natural environment and systems by limiting development in areas

susceptible to natural hazard risk.

Objective 2 Development located away from areas that are vulnerable to and cannot be adequately

and effectively protected from the risk of natural hazards.

Objective 4 Development located and designed to minimise the risks to safety and property from

flooding.

Objective 5 Development located to minimise the threat and impact of bushfires on life and property.

Principle of Development Control 1 Development should be excluded from areas that are vulnerable

to, and cannot be adequately and effectively protected from, the risk of hazards.

Principle of Development Control 2 Development located on land subject to hazards as shown on the

Overlay Maps - Development Constraints should not occur unless it is sited, designed and undertaken

with appropriate precautions being taken against the relevant hazards.

Principle of Development Control 3 There should not be any significant interference with natural

processes in order to reduce the exposure of development to the risk of natural hazards.

Principle of Development Control 5 Development should not occur on land where the risk of flooding is

likely to be harmful to safety or damage property

Principle of Development Control 10 Buildings and structures should be located away from areas that

pose an unacceptable bushfire risk as a result of one or more of the following:

(a) vegetation cover comprising trees and/or shrubs

(b) poor access

(c) rugged terrain

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(d) inability to provide an adequate building protection zone

(e) inability to provide an adequate supply of water for firefighting purposes.

The above provisions seek to ensure development is located away from areas which are vulnerable to

and cannot be adequately and effectively protected from the risk of natural hazards. Further should eb

located and designed to minimise the risks to safety and property from flooding and to minimise the

threat and impact of bushfires on life and property.

The proposal in this instance involves no alteration to the appearance of the subject land with the

exception of a new access point from Luke Street.

The subject land is not located within an area known for flood an or drainage concerns and the subject

land is not located within the bushfire risk area as outlined in Maps Onka / 34 and 35. The proposed

division is not considered to be unacceptable in terms of bushfire risk or flooding. Further, the proposal

will not result in the removal of any native vegetation on the site.

5.3.3.4 General Section – Orderly and Sustainable Development

Objective 1 Orderly and economical development that creates a safe, convenient and pleasant

environment in which to live.

Objective 2 Development occurring in an orderly sequence and in a compact form to enable the

efficient provision of public services and facilities.

Objective 3 Development that does not jeopardise the continuance of adjoining authorised land uses.

Objective 4 Development that does not prejudice the achievement of the provisions of the

Development Plan.

Objective 5 Development abutting adjoining Council areas having regard to the policies of that

Council’s Development Plan.

Objective 6 Urban development located only in zones designated for such development.

Objective 7 Urban development contained within existing townships and settlements and located only

in zones designated for such development.

Principle of Development Control 1 Development should not prejudice the development of a zone for

its intended purpose.

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Principle of Development Control 2 Land outside of townships and settlements should primarily be used

for primary production, conservation purposes

Principle of Development Control 4 Urban development should form a compact extension to an

existing built-up area.

Principle of Development Control 8 Vacant or underutilised land should be developed in an efficient

and co-ordinated manner to not prejudice the orderly development of adjacent land.












Further, the proposal will maintain the existing uses on the adjoining allotments for viticultural purposes

and the proposed allotment is of a sufficient size to allow for adequate buffering / screening to the

existing adjoining viticultural land use and forms a reasonable extension to an existing built-up area.

5.3.3.5 General Section – Transportation and Access

Objective 2 Development that:

(a) provides safe and efficient movement for all transport modes

(b) ensures access for vehicles including emergency services, public infrastructure maintenance and

commercial vehicles

(c) provides off-street parking

(d) is appropriately located so that it supports and makes best use of existing transport facilities and

networks

(e) provides convenient and safe access to public transport stops.

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Principle of Development Control 8 Development should provide safe and convenient access for all

anticipated modes of transport.

Principle of Development Control 14 Development should provide for the on-site loading, unloading

and turning of all traffic likely to be generated.

Principle of Development Control 22 Development should have direct access from an all-weather

public road.

Principle of Development Control 23 Development should be provided with safe and convenient

access which:

(a) avoids unreasonable interference with the flow of traffic on adjoining roads

(b) provides appropriate separation distances from existing roads or level crossings

(c) accommodates the type and volume of traffic likely to be generated by the development or land

use and minimises induced traffic through over-provision

(d) is sited and designed to minimise any adverse impacts on the occupants of and visitors to

neighbouring properties.

Principle of Development Control 29 Driveways, access tracks and parking areas should be designed

and constructed to:

(a) follow the natural contours of the land

(b) minimise excavation and/or fill

(c) minimise the potential for erosion from surface runoff

(d) avoid the removal of existing vegetation

(e) be consistent with Australian Standard AS: 2890 - Parking facilities.

The proposal will provide a new access to Luke Street in the north western corner of the allotment.

Preliminary designs have been undertaken to demonstrate that suitable access to the site can be

achieved which follow the natural contours of the land, minimise the need for excessive cut and fill and

will not result in the removal of any vegetation of significance. The proposed access to Luke Street will

result in safe and convenient access with direct access to and all weather public road. There is

sufficient area proposed to allow for vehicle manoeuvrability throughout all allotments.

It is considered that the proposal will note result in any significant increase in traffic visiting the subject

land or locality does not interfere with the free flow of traffic on the existing road network.

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5.3.3.6 Residential Development

Whilst the proposal is for a land division, regard should be given to ensure the land is suitable for its

intended use. A future dwelling on the allotment will satisfy the residential requirements of the

Development Plan in that it will:

• will provide sufficient land for the construction of a future dwelling which will sit comfortably on the

subject land,

• provide sufficient setbacks from front, side and rear boundaries.

• Proposes an appropriate access to Luke Street,

• will provide sufficient private open space for the existing and proposed dwelling,

• the proposed dwelling can be connected to public utility services such as drainage,

telecommunications, water supply and sewerage (septic system), and

• provision will be made for additional landscaping on the site to the front and rear of the site.

It is considered that a high standard of amenity will be maintained on the site with any future

development through its scale and appearance will be in keeping with that established character in

the locality.

A more detailed assessment of any dwelling on the subject land will be undertaken at a later stage;

however, for the reasons outlined above it is considered that the land is suitable for its intended

residential land use.

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6.0 Social, Environmental and Economic effects

The proposal provides the following Social, Environmental and Economic impacts:

6.1 Social

Social benefits arising from the approval of the proposal include:

• The proposal will note result in any detrimental impacts on the amenity of the existing living

conditions of the adjoining residents on adjoining allotments.

• The proposed additional allotment and amendments to the existing allotments will maintain the

existing land uses on the site and will not result in any increase in intensity of the use of the land and

the proposal will not detrimentally affect the amenity of the locality.

• Given the application will be publicly notified, the application process provides opportunity for

residents to provide comment on the proposal.

6.2 Environmental

Environmental benefits arising from the approval of the proposal include:

• The proposal would have a measurable environmental impact resulting in a lesser external impact

on the adjoining residential properties through further separation of the viticultural activities on

allotment 102 as a result of the additional residential / rural living allotment.

• The proposal will not further impact on the surrounding locality by way of noise, traffic impacts and

hours of operation compared with the existing approved land uses on the site.

6.3 Economic

Economic benefits arising from the approval of the proposal include:

• The development provides for the increased functional and economic use of the subject land.

• The development will not prejudice the continuation of surrounding land uses or impact on

property value for adjoining residents.

• The condition of the Heritage Winery Complex has deteriorated markedly and continues to do so.

Creating the additional allotment would provide extra cash flow for the owners and will allow for

the restoration of the complex to be undertaken. The Clarendon Winery has great historical

significance to the area and, given the existing situation, this land division is beneficial to the

continuing viability of the complex.

• The proposal will connect to existing infrastructure such as electricity, water and sewer.

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7.0 Conclusion



More specifically, the proposal includes:

• Creation of an additional allotment resulting in three separate allotments with the following site

areas

o Allotment 100 - 2627 square metres (new residential allotment)

o Allotment 101 - 2.284 Hectares

o Allotment 102 20.2 Hectares

• Creation of a new access point for Allotment 100 to Luke Street




cater for changing demographics in keeping with other dwellings along Luke Street. The additional

allotment will allow for the future redevelopment of the allotment for residential development with

appropriate access, sufficient area for a dwelling to be constructed and sufficient area for the

provision of a waste system which has been given in principle support by Council administration.

Whilst from a technical point of view, the proposal is creating an additional allotment within the

Township Zone Precinct 23 Landscape Environs which is non-complying, the proposal will only result in

the actual development of land within the Township Zone Precinct 24 Living Policy Area for residential

purposes. The portion of the new allotment within the Township Zone Precinct 23 Landscape Environs

provides access from the new allotment to Luke Street through the proposed free and unrestricted right

of way.





function room building and motel building. The proposal will maintain the existing use of the site as a



the main road streetscape and scenic rural setting of the township at the rear of the site.

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The proposal will have an acceptable impact on the amenity of the adjoining residential properties

and other land uses. The proposal will result in a development which is compatible with surrounding

residential land uses and will not adversely impact future development of the locality and/or

detrimentally impact upon any surrounding development compared with the existing use on the site

noting that the site has longstanding use rights as a function centre / winery and use of the land for

viticultural purposes.




infrastructure that services the subject land.




detrimentally affect the setting of the surrounding locality The proposal does not prejudice the zone for

its intended purpose as outlined in the above assessment against the relevant Zone provisions and is

consistent with the existing use of the site within the Town Zone. The proposal will result in a reasonably

sized allotment for the future residential redevelopment of the site.

After careful consideration of the proposed development and having regard to the relevant provisions

of the Development Plan, it is my opinion, considered that the proposal satisfies the intent of the

Objectives and Principles of Development Control as they relate to the Township Zone and the Living

Precinct 24, Landscape Environs Precinct 23 and Mixed Use Precinct 25 of the Clarendon Policy Area

57, the general provisions of the Onkaparinga Council Development Plan Consolidated 21 April 2016

and the unique circumstances of the subject land and locality.

On this basis, whilst being non complying, it is considered that the proposal satisfies the intent of the



57.

For all the above reasons, notwithstanding its non-complying status, and having regard to the above

assessment, the proposal is considered to demonstrate sound performance against the pertinent

Development Plan standards. Accordingly, Development Plan Consent is warranted.

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If you have any further questions regarding this application or require additional information, please

contact me on 0499 933 311.

Yours Sincerely,

Mark Kwiatkowski MPIA CPP

Director/ Urban and Regional Planner

Adelaide Planning & Development Solutions Pty Ltd - Town Planning Specialists - Planning Private

Certifiers

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Date Printed: 4 December 2019

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Item 5.2


Attachment 1.2.3

Agency referral reports


135

From: O'Sullivan, Kevin (DEWNR)Sent: 11 May 2018 15:57:31 +0930To: Stephen BothCc: Strickland, Gillian (DEWNR)Subject: RE: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) [DLM=For-Official-Use-Only]

For Official Use Only

Hi Stephen We don’t have any objection to any of these land divisions as long as the respective TWO STATE HERITAGE PLACES* are still on their own parcels. The listing does not change so the land the listed place was on remains the same land no matter that the titles may have changed. This is to ensure that the setting of the places is maintained or respected and the significance of the listed places is not compromised by any later development. *the places are

1. Clarendon winery SH ID 111932. Wesleyan Methodist Church SH ID 14256

Regards Kevin O’Sullivan B Arch (Hons 1)| SA Registered 2762 | M ICOMOS

Senior Conservation Architect

Heritage South AustraliaDepartment for Environment and Water; ESDGroup |P (08) 8124 4922 or Direct line 8124 4715| Level 8, 81-91 Waymouth Street, ADELAIDE SA 5000GPO Box 1047, Adelaide, SA 5001, AUSTRALIA environment.sa.gov.au | naturalresources.sa.gov.au | waterconnect.sa.gov.auTwitter | YouTube | Good Living

From: Strickland, Gillian (DEWNR) Sent: Friday, 11 May, 2018 2:14 PMTo: O'Sullivan, Kevin (DEWNR) <Kevin.O'[email protected]>Subject: FW: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) [DLM=For-Official-Use-Only]

For Official Use Only

Version: 1, Version Date: 12/06/2018Document Set ID: 4450831

136

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

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

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

https://twitter.com/SADEWNR

https://www.youtube.com/user/environmentsagovau

http://www.environment.sa.gov.au/goodliving/home

From: Stephen Both [mailto:[email protected]] Sent: Friday, 11 May, 2018 2:10 PMTo: Strickland, Gillian (DEWNR) <[email protected]>Subject: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) Dear Gillian Please find attached a copy of the “statement of support” for the above land division which is located adjacent land that is listed as a State Heritage Place (Clarendon Winery). I note that the Heritage Branch have not provided their comments in relation to the proposed land division as yet. I can only presume that this is because the attached advice was not included as part of the original application documents. I have asked the applicant’s surveyor to up-load the attached information onto EDALA so that any formal comments can be made in relation to the proposed division of land. Should you have any questions regarding the attached information, please do not hesitate to contact me on the number set out below. Regards Stephen BothSenior Development Officer (Planning)Corporate and City ServicesPh (08) 8384 0593www.onkaparingacity.com

This email message, including any attachments, may contain information that is confidential or legally protected. If you have received it in error, you are not authorised to copy, distribute or share the message or attachments with anyone or rely on the information in any way and we ask you to please return it to the sender immediately. We can not guarantee that this email is error or virus free and please note that its contents may not necessarily represent the views of the City of Onkaparinga.

Version: 1, Version Date: 12/06/2018Document Set ID: 4450831

137



http://www.onkaparingacity.com/

http://onkaparingacity.com/onka/council/about_council/annual_business_plan.jsp

Contact Planning Services Telephone 7109 7016 14 June 2017 Mr Mark Dowd Chief Executive Officer City of Onkaparinga PO Box 1 NOARLUNGA CENTRE SA 5168 Dear Sir Re: Proposed Development Application No.145/D045/17 (ID 57132) by Supple Winery Trust Further to my letter dated 28 March 2017 and to assist the Council in reaching a decision on this application, copies of the reports received by the Commission from agencies that it has consulted have been uploaded for your consideration. Should Council decide to approve this application, the following requirements of the Development Assessment Commission must be included as a condition of approval, pursuant to Section 33 (1) (c) of the Development Act.

1. The financial requirements of the S A Water Corporation shall be met for the provision of water supply. (S A Water H0057204)

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

2. Payment of $6676 into the Planning and Development Fund (1 allotment/s @ $6676/allotment). Payment may be made

by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Level 5, 50 Flinders Street, Adelaide.

3. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume 1 (Plan

Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

Council’s particular attention is drawn to the comments by SA Power Networks for this application. It is pointed out to Council that a response from DEWNR - State Heritage has not been received. The Commission does not generally support non-complying land division applications without adequate and detailed justification. Should Council decide to approve this proposal as a non-complying land division, all relevant details pertaining to the application will need to be sent to the Development Assessment Commission for concurrence purposes. You are referred to Section 35 (3) of the Development Act 1993 and Regulation25 (b) of the Development Regulations 2008 with respect to the details required. Yours faithfully

Brett Miller TEAM LEADER – PLANNING SERVICES as delegate of the DEVELOPMENT ASSESSMENT COMMISSION Q:\PLANNINGSERVICES\TEMPLATES\STATEMENTS\ELECTRONIC\TFF2R edala

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

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

04 April 2017

SA Water Level 6, 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref: H0057204 Inquiries Michael Zoanetti Telephone 7424 1119

The Chairman Development Assessment Commission 136 North Terrace ADELAIDE SA 5000

Dear Sir/Madam

PROPOSED LAND DIVISION APPLICATION NO: 145/D045/17 AT CLARENDON In response to the abovementioned proposal, I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporation's requirements, which are listed below. The financial requirements of SA Water shall be met for the provision of water supply. Subject to our new process, on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees. On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries. Yours faithfully Michael Zoanetti for MANAGER LAND DEVELOPMENT & CONNECTIONS

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Item 5.2


Attachment 1.2.4

Representation received


141

D e v e l o p m e n t Act S t a t e m e n t o f Representation

Pursuant to Section 38 of the Development Act

Viewing options • City of Onkaparinga's Noarlunga office (and office closest to proposed development) during business hours. • Via Council's website - Category 3 development applications (not Category 2 applications) can be found at:

www.onkaparingacity.com/planning-and-development/applications-for-public-comment

Submission options: • arplicationsonkaparinga.sa.gov.au o City of Onkaparinga, P0 Box 1, NOARLUNGA CENTRE SA 5168

Details o f development application Development Number: 145/8118/2017 Applicant: I Supple Winery Trust Location of Development: l-%IIUL I L O u l u r J ? 1 O I 0 O ( / - d I U L J i i r L I . I 3 J l d l ILZ:, kJU11Y M U C I U , LLJ%1\LINL

SA 5157 Nature of Development: Land Division (2 into 3) creating one additional allotment (non-complying) Zone: Township Assessing planning officer: Steve Tilbrook

In order for this representation* t o b e considered valid ALL o f t h e following (sect ions 1 - 3 ) must be completed.

1. The representation must be received by Council no later than 11.59pm on Monday 2 3 September 2019

2. Name of representor(s): i'ominatea representor ir more than two people: Address of representor(s): Contact phone number: E-mail address:

Reasons for the representation, including whether in favour or against.

As owners of a Local Heritage listed property in Clarendon, we understand the significance of protecting heritage values and abiding by the Township zone Clarendon Policy Area 57 to 'conserve and enhance the town's historic character, village atmosphere and scenic rural setting'

We applaud the effort of the applicant to rejuvenate the Old Clarendon Inn function centre and Motel, which has ceased to operate as a tourism business and now provides only low level rental accommodation. However we believe that the proposed development location is a non-complying activity (residential accommodation development) within a prominent historic zone and the surrounding built heritage that will compromise the value of the visual amenity and heritage landscape of the towns setting and does not comply with the intent of State and local Heritage policy and legislation.

The proposed creation of an additional allotment 'allotment 100' we feel is non-complying due to the requirement to change the precinct zoning causing a decrease in the size of zone Precinct 23 (Landscape Environs). Township Zone Precinct 23 is 'characterised by a rural landscape that forms the visual setting and backdrop for the town of Clarendon'. The application states that the vineyard will be maintained, yet if allotment 100 becomes a residential allotment for future development it can clearly be demonstrated that the current vineyards within the proposed area of allotment 100 could be removed for future development needs (see FIGURE 1). The undeveloped hill slope of Precinct 23 provides the backdrop for tourism and heritage values not only to the current allotment of the Old Clarendon Inn and Motel but as a prominent historic identity for the town of Clarendon.

Further reasons for not supporting the proposed additional creation of an allotment and rezoning for the intent of residential allotment as per the application, is this location has State Heritage significance that the development will compromise. Clarendon Winery Complex (which forms the allotment of the Old Clarendon Inn and Motel) is a registered State Heritage Place (State Heritage ID 11193 Heritage Number 5144) with the Vineyard hills face zone as a contributory item (State Heritage ID 5183). The proposed creation of allotment 100 shares the boundary of

142

Development Act Statement o f Representation

Pursuant to Section 38 of the Development Act former Clarendon Wesleyan Methodist Church located on Luke St is also listed on the SA State Heritage register (ID 14256 Heritage Number 5188). State Heritage policy states that "It is important to note that development control is not limited to the registered structures but e x t e n d s t o the ir s e t t i n g a n d s tructures n e a r b y (what is termed 'development affecting' a State Heritage Place) Hence i t i vital that exact details o f the listed place and implications for any proposed development be discussed with Heritage South Australia staff"

For State Heritage Places, 'development' as defined by the Development Act includes: • subdivision, or boundary realignment; • a change of use, or introducing an additional use; • alterations and additions; • any other work that could materially affect the heritage value of a State Heritage Place

We therefore believe that the application for land division and rezoning to allow for residential development does not comply with the State Heritage listing of the Clarendon Winery Complex, the Vineyard hills face zone and the neighbouring former Methodist Church located on Luke St.

Lastly, the development application does not support the South Australian Government state policy in developing a strategic direction for "Heritage Tourism in South Australia"that states "Heritage is what we inherit from the past and use in the present day, i t is both human made and natural, our heritage is reflected in our landscapes, our buildings and places that serve to this day in the stories that we tell about ourselves, the traditions we maintain, and the objects that connect us to the past"- Clarendon is a unique village set in a picturesque valley where heritage tourism values will only increase into the future. We have included four historic archived photographs (see FIGURES 2 - 5) that depict the heritage, landscape amenity and historical value of the proposed allotment 100 which depict the essence of protecting our heritage landscapes and heritage places by conforming to the purpose and intent of local and state development policies.

4. Please indicate whether you wish to be heard by Council Assessment Panel in respect of your representation:

El I do not wish to be heard

Ely j wish to be heard in person, or represented by............................................. (please specify name)

SIGNED#: DATE: 23/9/2019................................ *All representations will become public documents and will be forwarded to the applicant for response pursuant to the provisions of

the Development Act 1993. Please note your representation may be reproduced, in full, on the council's website as an attachment to a Council Assessment Panel report. Please contact council's Development Services section if you wish to request that any private contact details be masked. Yes Please mask our contact details #If submitting this form electronically a name rather than signature is acceptable.

FIGURE 1: An estimated area of where the proposed creation of additional allotment 100, will no doubt require the future removal of vineyards for the development of a residential allotment. [access Nature Maps (h t t s :7/data .environment.sa.ciov.au/NatureMaps/Pages/default.aspx]

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Pursuant to Section 38 o f the Development Act

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FIGURE 2: depicting heritage value of the hills face zone of the proposed allocation

FIGURE 3. Clear view of the visual impact of the proposed development would have on the historic hills face zone of the vineyard and neighbouring historic buildings

144

Development Act Statement of Representation


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FIGURE 4 Detailed historic photo of the proposed development site and historic and visual setting of Precinct 23

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FIGURE 5. Historic postcard, again depicting the landscape view of the vineyard hills face zone

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SEPARATE ATTACHMENT

Item 5.2


Attachment 1.2.5

Applicants response to representation


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ABN 55 289 434 618

Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers

e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au

03/10/2019

Steven Tilbrook

Manager Development Services (acting)

City of Onkaparinga Council

By email: [email protected]

Dear Steven,

Response to representation for development application 145/8118/2017 at Allot 1 Sec 801 DP 14878 &

Allot 5 DP 17213 Grants Gully Road, CLARENDON SA 5157 for a Land Division (2 into 3) creating one

additional allotment (non-complying)

1.0 Introduction

Adelaide Planning and Development Solutions (APDS) have been engaged by the applicant Supple

Winery Trust C/- Jeanes Sommerville Pty Ltd to provide a response to the single representation received

following the public notification.

In preparing this response, I confirm that I have visited the subject land and locality, had regard to the

representations and the Onkaparinga Council Development Plan Consolidated 21 April 2016.

This response should be considered in addition to statement of effect and the information which was

provided as part of the application documentation which considers the majority of the matters raised

by the representor.

The following response will address the reasons raised in the representation below.

For the reasons I will detail below, I am of the view that the proposal in its current form results in a

development which warrants Development Plan Consent.

2.0 Representation

One representation was received during the public notification period who wishes to be heard.

The representor have requested that their details not be provided however have advised they own a

Local Heritage listed property in Clarendon.

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ABN 55 289 434 618



3.0 Consideration of representation

Having reviewed the representation, the concerns raised in the representation specifically relate to:

• Concern the proposed land division will impact on the value of the visual amenity and heritage

landscape of the towns setting.

• Will result in the decrease of a portion of land within the Precinct 23 (landscape Environs) and

removal of vineyard.

• Belief that the proposal is rezoning the land for residential development.

• Future development of the site for residential will impact on the State Heritage significance of the

Clarendon Winery Complex and the former Clarendon Methodist Church.

• Impact on the State Government State Policy relating to Heritage Tourism for Clarendon

We respond accordingly:

Concern the proposed land division will impact on the value of the visual amenity and heritage

landscape of the towns setting

The proposal will not result in any physical change to the appearance of the land (with the exception

of a future driveway to the north eastern corner of the site which will be designed to follow the natural

contours of the land) and will maintain the rural landscape that forms the visual setting and backdrop

for the town of Clarendon as envisaged by the Policy Area provisions.

The majority of the allotment is contained within the Township Zone Precinct 24 Living Policy Area which

allows for residential dwellings and is in keeping with the intent of the desired character statement of

the Township Precinct 24 envisages an allotment pattern and siting of dwellings and outbuildings on

large to very large allotments and have a spacious and highly landscaped appearance which the

proposal achieves.

The proposed allotment will have an area of 2627 square metres and provides sufficient size for the

development of the site for a future dwelling which has access to Luke Street and provides sufficient

area for a waste system in accordance with preliminary comments from Council administration. The

proposed allotment will result in an allotment pattern which reflects the mix of allotment sizes within the

immediate locality with access from Luke Street.



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ABN 55 289 434 618





As per the photos below, the portion of the site associated with the land division is not visible from the

main street (from numerous locations) or highly visible within the subject land due to the natural

topography of the subject land and existing buildings. We contend the proposed land division will not

impact on the character of the locality as suggested by the representor.

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ABN 55 289 434 618



Figures 1 – 7 views of the subject land from surrounding locality.

1. View from main street, 2. View of existing access point from Luke Street, 3. View from Luke street to

the north west looking back to the site (not visible), 4. View from main street, 5 View of site from

entrance to Clarendon Winery, 6 View from the front of the subject land, 7 View from main street west

of Luke Street.

Will result in the decrease of a portion of land within the Precinct 23 (landscape Environs) and removal

of vineyard.

The rear portion of the site within the Township Zone Precinct 23 Landscape Environs currently contains

the vineyards \which will maintain the rural landscape that forms the visual setting and backdrop for

the town of Clarendon and will preserve the amenity and landscaped for the enjoyment of residents

and visitors. A small portion of allotment 5 will be divided to allow for access to the new allotment to

Luke Street (as shown in the image below) however this will not be developed on given the existing

right of way from Luke Street which extends along the north eastern boundary allowing a right of way

for access to the allotment to the east.

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ABN 55 289 434 618



Extent of division of land within the Township Zone Precinct 23 Landscape Environs (Green)

Whilst from a technical point of view, the proposal is creating an additional allotment which is

contained within the Township Zone Precinct 23 Landscape Environs which is non complying, the

proposal will only result in the actual development of land within the Township Zone Precinct 24 Living

Policy Area which is zoned for residential purposes. The portion of the new allotment within the Township

Zone Precinct 23 Landscape Environs provides access from the new allotment to Luke Street through

the proposed free and unrestricted right of way.





function room building and motel building as shown in the image below.

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The proposal will remove the vines from the proposed allotment within the Township Zone Precinct 24

Living Policy Area; however, the remainder of the site will still maintain the vines on the allotment which

will continue to maintain the rural character of the locality. The vines in the north western section of the

allotment within the Township Zone Precinct 24 Living Policy Area are not highly visible when viewed

from the main street or surrounding properties due to existing vegetation to the periphery of the subject

land and adjoining properties.




landscaped appearance of the area in accordance with the intent of the precinct. This is in keeping

with other recent residential development along Luke Street.

The proposed allotment will not remove any vineyards which are contained within the Precinct 23

Landscape Environs maintaining the existing access and will only remove vines on the portion of the

land within the Township Zone Precinct 24 Living Policy Area which is zoned for residential purposes.

Belief that the proposal is rezoning the land for residential development.

The proposal does not seek rezoning of the land for residential development but is seeking to use the

portion of the land which is contained within the Township Zone Precinct 24 Living Policy Area for

residential purposes in keeping with the relevant precinct provisions which encourage residential

development. As aforementioned, the portion of land within the portion of the new allotment within the

Township Zone Precinct 23 Landscape Environs maintains the existing free and unrestricted right of way

and will provide access from the new allotment to Luke Street.

Future development of the site for residential will impact on the State Heritage significance of the

Clarendon Winery Complex and the former Clarendon Methodist Church.

The proposed area of the land division is set away from all buildings on the subject land in the north

western corner of the allotment and is not highly visible when viewed from the heritage listed

components of the Clarendon Winery Complex. Given the large areas of land surrounding the existing

structures on the subject land, we contend that the proposal will not impact on and will maintain the

historical setting of the existing heritage listed buildings on the land.

In relation to the Dwelling (former Clarendon Wesleyan Methodist Church) to the north of the subject

land, the proposed land division will not encroach on the proposed setting of the adjoining State

Heritage Building. Any future development of the site for residential purposes will adopt a form, height,

scale and appearance that reflect the simple historic character of the precinct with appropriate

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ABN 55 289 434 618



setbacks of buildings from street frontages and spaces around buildings maintaining the low density

highly landscaped appearance of the area in accordance with the intent of the precinct. This will be

assessed, and should it be required, referred to the State Heritage Branch for formal consideration.

Impact on the State Government State Policy relating to Heritage Tourism for Clarendon

The assessment of the proposal is based on the relevant provisions of the Development Plan which

have been written to ensure that the relevant State Government State Policies relating to Heritage

Tourism for Clarendon are maintained and enhanced. As aforementioned, the majority of the

proposed land division is contained within the Township Zone Precinct 24 Living Policy Area which is

zoned for residential purposes. As aforementioned, the portion of land within the portion of the new

allotment within the Township Zone Precinct 23 Landscape Environs maintains the existing free and

unrestricted right of way provides access from the new allotment to Luke Street.

It is considered that the proposal satisfies the intent of the relevant provisions of the Clarendon Policy

Area 57 of the Township Zone of the Development Plan and by doing so suitably considers the State

Government State Policy relating to Heritage Tourism for Clarendon

4.0 Conclusion






cater for changing demographics in keeping with other dwellings along Luke Street.

Whilst from a technical point of view, the proposal is creating an additional allotment which is

contained within the Township Zone Precinct 23 Landscape Environs which is non-complying, the

proposal will only result in the actual development of land within the Township Zone Precinct 24 Living

Policy Area for residential purposes. The portion of the new allotment within the Township Zone Precinct

23 Landscape Environs provides access from the new allotment to Luke Street through the proposed

free and unrestricted right of way.

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ABN 55 289 434 618







function room building and motel building. The proposal will maintain the existing use of the site as a



the main road streetscape and scenic rural setting of the township at the rear of the site.




infrastructure that services the subject land. The proposal will have an acceptable impact on the

amenity of the adjoining residential properties and other land uses. The proposal will result in a

development which is compatible with surrounding residential land uses and will not adversely impact

future development of the locality and/or detrimentally impact upon any surrounding development




detrimentally affect the setting of the surrounding locality The proposal does not prejudice the zone for

its intended purpose as outlined in the above assessment against the relevant Zone provisions and is

consistent with the existing use of the site within the Town Zone. The proposal will result in a reasonably

sized allotment for the future residential redevelopment of the site.

After careful consideration of the proposed development and having regard to the relevant provisions

of the Development Plan, it is my opinion, considered that the proposal satisfies the intent of the



57, the general provisions of the Onkaparinga Council Development Plan Consolidated 21 April 2016

and the unique circumstances of the subject land and locality.

For all the above reasons, notwithstanding its non-complying status, and having regard to the above

assessment, the proposal is considered to demonstrate sound performance against the pertinent

Development Plan standards. Accordingly, Development Plan Consent is warranted

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ABN 55 289 434 618



Please confirm when this proposal will be considered by the Council Assessment Panel and the date

and time of the meeting. A representative shall attend at this meeting in support of the proposal.

Should you have any queries or require any further information or clarification with any components of

this response, please do not hesitate to contact by contacting me by email at

[email protected]

Yours Sincerely,

Mark Kwiatkowski MPIA CPP

Principal Urban Planner

Adelaide Planning & Development Solutions - Town Planning Specialists |Planning Private Certifiers

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