council assessment panel minutes for 6 december · pdf fileproposal is considered to be...

City of Charles Sturt 1. CAP Minutes 6/12/17

[Note: These minutes are unconfirmed until 20/12/2017]

MINUTES OF THE

COUNCIL ASSESSMENT PANEL MEETING

HELD ON WEDNESDAY, 6 DECEMBER 2017 MEMBERS: Present: Paul Sykes – Acting Presiding Member, Chelsea

Tully, Andreea Caddy and Julian Rutt STAFF: Present: General Manager City Services – Bruce Williams Assessment Manager – Julie Vanco Development Officer (Senior Planner) – John Tarasiuk Development Officer (Planning) – Kimberley Hutchinson Development Officer – Kerrie Wilmore Development Officer (Planning) – Megan Hendy Administration Support Officer – Lily Francis MEMBERS: Apologies: Stephanie Johnston MEMBERS: Leave of Absence: Nil 1. COMMITTEE OPENING The meeting commenced at 6:31 pm. 2. CONFIRMATION OF MINUTES That the minutes of the previous meeting held on Wednesday, 1 November 2017

be taken as read and confirmed. Moved A Caddy Carried 3. BUSINESS 3.1 Declaration of Conflicts of Interest Nil



3.2 Outstanding deferred items

443-444 Tapleys Hill Road Fulham Gardens 252/1856/17 – Unable to provide

landscaping so proposing a higher fencing which is being renotified.

BEVERLEY WARD

3.66 23 AND 23A WILLIAM STREET BEVERLEY SA 5009 1 Concslab Concrete Pty Ltd

Change of land use from light industry to waste transfer station (temporary stockpiling of clean fill)- retrospective – non-complying

Addressed the Panel

Mr Phillip Brunning of Phillip Brunning and Associates spoke on behalf of the applicant in support of the application.

Decision

That pursuant to Regulation 17(3)(a) of the Development Regulations 2008, the application is unreasonably at variance with the Development Plan and should not proceed to the assessment of the application.

Carried WEST WOODVILLE WARD

3.67 4 PINE STREET ROYAL PARK SA 5014 9 Ms M Cutugno

Garage and carport structure to the rear of the existing dwelling

Addressed the Panel

Mr Rod Worthington spoke on behalf of the applicant in support of the application. Decision

A. Reason for Decision

The Panel has read and considered the report prepared by the Development Officer and agrees with the assessment outlined in that report.

B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is considered to be unreasonably at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 12 September 2017.



C. That pursuant to Section 33 of the Development Act, 1993, Development Approval be REFUSED to Development Application Number 252/2493/17 for the following reasons:

• Residential Zone, Mid Suburban Policy Area 16 – Objective 1 and Principle 1

• General Section, Residential Development, Principle 8

• General Section, Design and Appearance, Objective 1 and Principle of Development Control 22

• General Section, Orderly and Sustainable Development, Objective 1 and 4.

In that:

• The development will have an unreasonable visual impact on the occupiers of adjoining residential dwellings;

• The structure is not consistent with setbacks for carports and garages from a secondary street frontage; and does not contribute to the desired character of the policy area;

• The development is constructed for a length considerably exceeding 8.0 metres along the northern (rear) boundary

• That the development will not create orderly development or a safe, convenient and pleasant environment in which to live.

Carried WEST WOODVILLE WARD

3.68 18 MAPLE AVENUE ROYAL PARK SA 5014 21 Ms L Zupan

Land Division – 252/D155/17 – Creating two allotments from one and construction of two, single storey semi-detached dwellings - Stage 1: Land Division, Stage 2: Two single storey semi-detached dwellings

Decision


The Panel has read and considered the report prepared by the Development Officer - Planning and agrees with the assessment outlined in that report.



B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 May 2016.

C. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 252/1375/17 be GRANTED Development Plan Consent and Land division consent subject to the following conditions:

1. Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner.

2. Removal of structures

That all existing structures on the site be removed from Lots 381 and 382 prior to the issue of the Certificate of Approval.


3. Stormwater be directed away from neighbouring properties

All stormwater runoff shall be directed away from neighbouring properties.

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

4. Stormwater Condition

All stormwater from buildings and paved areas shall be disposed of in such a manner that it does not result in the entry of water into a building or affect the stability of a building.


5. Stormwater Management Plan Condition

All stormwater runoff shall be directed away from neighbouring properties and shall be managed in accordance with the Stormwater Management Plan prepared by FMG Engineering dated 23/10/2017 and quoted with Job Reference Number S37807-258249.

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



Land Division Conditions

6. Land division conditions required by the Development Assessment Commission:

6.1 The financial requirements of the SA Water Corporation shall be met for the provision of water supply and sewerage services (H0059694).

The alteration of internal drains to the satisfaction of SA Water is required.

Subject to our new process, on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees.

On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.

6.2 Payment of $6676 into the Planning and Development Fund (2 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, at Ground Floor, 101 Grenfell Street, Adelaide.

6.3 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.

Notes

1. Please advise Council in writing when all conditions of consent have been met so Council can inspect the site and advise the State Planning Commission that the Certificate of Approval may be issued.

2. Development Approval must be received for this development within 12 months of the date of this Development Plan Consent.

You will require a fresh Development Plan Consent and Development Approval before commencing or continuing the development if you are unable to satisfy these requirements.



3. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993.

To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

• You are advised that under the Local Government Act 1999 construction of any footpath, kerb, gutter or crossover on Council land will require a permit from Council's Engineering Strategy and Assets Department. It is illegal to undertake work on Council land without permission. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorksonPublicRoad for Council standards.

Council Verges

• Please note that Council does not have funds to reinstate/landscape the verge at the completion of building work where this is the responsibility of the owner.

• Any proposed landscaping on Council’s verge requires Council’s permission via a permit application. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.

Common boundary

• When removing fences that are on the common boundary with your neighbour you must give your neighbour 28 days’ notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.

• Where it is intended to erect external walls on the boundary the face of the external wall must be on the boundary. Further, barge boards, capping tiles or other fixtures on the boundary wall must not encroach upon the land of the adjoining owner. Existing fence lines may not be the true legal boundary. To avoid violation of neighbour’s rights, the onus of proof of the boundary line rests with the owner of the land where the work is undertaken. This will necessitate a survey being carried out by a licensed surveyor to identify the true location of the boundary and



proposed footing on the ground. You will need the neighbour’s written approval to enter their land to carry out any construction.

Neighbours

• Construction within an established neighbourhood can be a stressful time for existing residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

Dust

• Airborne dust and sand emissions potentially generated on site must be managed and this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you can contact Council’s Customer Contact Team on 8408 1111.

Asbestos

• If there is asbestos material in or on the building or fencing to be demolished there are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

• Should any part of the development process require use of public land (ie, the footpath, nature strip, road or other reserve), additional permits will be required.

• Examples of such activities include storage of materials, delivery of materials from public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.

• Where works from public space impact vehicular or pedestrian traffic, you will be requested to lodge a Traffic Management Plan that adheres to the requirements of the relevant Australian Standards.

• Additional fees and charges may apply, please contact the Council’s Community Safety Team on 8408 1198 to discuss your project’s needs.



Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation:

1. Building and construction should follow sediment control principles outlined in the Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:

During construction no sediment should leave the building and construction site. Appropriate exclusion devices must be installed at entry points to stormwater systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of sand, soil and clay off site. However, should tracking occur, regular clean-ups are advised.

2. Litter from construction sites is an environmental concern. All efforts should be made to keep all litter on site. The applicant should ensure that bins with securely fitted lids, capable of receiving all waste from building and construction activities, are placed on site.

3. All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it.

For further information please contact Council’s Customer Contact Team on 8408 1111.

Carried



HINDMARSH WARD

3.69 31 DRAYTON STREET BOWDEN SA 5007 35 Mr J Lentakis

Change in land use from existing vacant site to cellar door/tasting facility, warehouse and ancillary uses. Alterations to existing State Heritage building.

Decision


The Panel has read and considered the report prepared by the Development Officer – Senior Planner and agrees with the assessment outlined in that report.

B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 may 2016.

C. That pursuant to Section 33 of the Development Act, 1993, Council advises the State Commission Assessment Panel (SCAP) that it supports Development Application Number 252/2634/17 and recommends SCAP approve the application subject to the following conditions:

1. Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.


2. Hours of Operation

The hours of operation of the premises shall not exceed the times:

General Operations – 7:00am to 7:00pm

Cellar Door – Monday to Wednesday 10:30am to 7:00pm;

Thursday 10:30am to 11:00pm;

Friday, Saturday and Sunday’s that are followed by a Public Holiday Monday 10:30am to 1:00am the following day; and

Sunday 10:30am to 9:00pm

Reason: To preserve the amenity of the locality.



3. Carparking Design

The carparking area associated with this proposal shall be developed in accordance with the following requirements;

i) The proposed car parking layout and access areas are to conform with the Australian Standards 2890.1 for Off-Street Parking Facilities

ii) That all parking areas be marked, to delineate the parking spaces, prior to the occupation of the proposed development in accordance with the relevant Australian Standard AS 1742.

iii) The new chain wire sliding gate along Drayton Street frontage shall be at least 300mm from the edge of Space 1 to allow clearance for door opening

iv) The redundant crossover shall be reinstated to kerb, gutter and footpath

Reason: To ensure usable and safe car parking.

4. Landscaping per Plans

The proposed landscaping shall be established on the site in accordance with the approved plan prior to the occupation of the site and it shall be maintained and nurtured at all times, with any diseased or dying plants replaced.

Reason: To preserve and enhance the amenity of the locality and to ensure that the proposal is established in accordance with the approved plans.

5. No outdoor dining or liquor after midnight

No food or liquor be served outdoors after midnight.


Notes

1. Development Approval must be received for this development within 12 months of the date of this Development Plan Consent.




To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

• You are advised that under the Local Government Act 1999 construction of any footpath, kerb, gutter or crossover on Council land will require a permit from Council's Engineering Strategy and Assets Department. It is illegal to undertake work on Council land without permission. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorksonPublicRoad for Council standards.

Council Verges

• Please note that Council does not have funds to reinstate/landscape the verge at the completion of building work where this is the responsibility of the owner.

• Any proposed landscaping on Council’s verge requires Council’s permission via a permit application. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.

Common boundary

• When removing fences that are on the common boundary with your neighbour you must give your neighbour 28 days’ notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.

• Where it is intended to erect external walls on the boundary the face of the external wall must be on the boundary. Further, barge boards, capping tiles or other fixtures on the boundary wall must not encroach upon the land of the adjoining owner. Existing fence lines may not be the true legal boundary. To avoid violation of neighbour’s rights, the onus of proof of the boundary line rests with the owner of the land where the work is undertaken. This will necessitate a survey being carried out by a licensed surveyor to identify the true location of the boundary and proposed footing on the ground. You will need the neighbour’s written approval to enter their land to carry out any construction.



Neighbours

• Construction within an established neighbourhood can be a stressful time for existing residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

Dust

• Airborne dust and sand emissions potentially generated on site must be managed and this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you can contact Council’s Customer Contact Team on 8408 1111.

Asbestos

• If there is asbestos material in or on the building or fencing to be demolished there are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

• Should any part of the development process require use of public land (ie, the footpath, nature strip, road or other reserve), additional permits will be required.

• Examples of such activities include storage of materials, delivery of materials from public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.






The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation:

1. Building and construction should follow sediment control principles outlined in the Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:





It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it.

For further information please contact Council’s Customer Contact Team on 8408 1111.

Carried 4. ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT MATTERS Determine whether or not to accept or reject a compromise. Nil



5. INFORMATION REPORTS Receive Information reports. Nil 6. POLICY ISSUES IDENTIFIED To consider and document any Development Plan policy issues arising from the

meeting. Nil 7. BUSINESS – PART II – CONFIDENTIAL ITEMS Nil 8. GENERAL BUSINESS Nil 9. MEETING CLOSURE The meeting concluded at 7:40 pm. The foregoing minutes are to be taken as read and confirmed at the meeting of the Panel on Wednesday, 20/12/2017. S JOHNSTON, PRESIDING MEMBER ............................................................. DATED / /



Council Assessment Panel

Agenda

Wednesday, 6 December 2017

PRINTING AUTHORISATION

APPROVED

_________________________________ ZOE GARNAUT

TEAM LEADER PLANNING ASSESSMENT

APPROVED & SIGNED

_________________________________ JULIE VANCO

ASSESSMENT MANAGER

SIGNED To: Records for Printing



Council Assessment Panel

Agenda & Reports

6:30 pm, Wednesday, 6 December 2017

Members

Presiding Member – Stephanie Johnston Paul Sykes Chelsea Tully Andreea Caddy Julian Rutt

For Information Only

Mayor – Angela Evans – DOWNLOAD Chief Executive Officer – Paul Sutton – DOWNLOAD General Manager – Bruce Williams – DOWNLOAD Assessment Manager – Julie Vanco Team Leader Planning Assessment – Zoe Garnaut

Administration Officer Planners copy (1) – Do not bind Gallery copy (1) – Do not bind Official Copy

Council Members Cr Harley Cr Ghent

City of Charles Sturt 1. CAP Agenda 6/12/17

Dear Member I wish to advise that the Council Assessment Panel will meet in the Council Offices, 72 Woodville Road, Woodville commencing at 6.30 pm on Wednesday, 6 December 2017. JULIE VANCO ASSESSMENT MANAGER

Dated 28 November 2017 We acknowledge that the land we meet on today is the traditional land of the Kaurna people. We respect their spiritual relationship with this land. We also acknowledge the Kaurna people as traditional custodians of the Kaurna land. We will endeavour, as Council, to act in a way that respects Kaurna heritage and the cultural beliefs of the Kaurna people.

A G E N D A 1. COMMITTEE OPENING 1.1 Apologies for absence. 2. CONFIRMATION OF MINUTES Confirmation of the minutes of the previous meeting held on Wednesday, 1

November 2017. 3. BUSINESS Page No. 3.1 Declaration of Conflicts of Interest 3.2 Outstanding deferred items BEVERLEY WARD

3.66 23 AND 23A WILLIAM STREET BEVERLEY SA 5009 1 Concslab Concrete Pty Ltd

Change of land use from light industry to waste transfer station (temporary stockpiling of clean fill)- retrospective – non-complying


WEST WOODVILLE WARD

3.67 4 PINE STREET ROYAL PARK SA 5014 9 Ms M Cutugno

Garage and carport structure to the rear of the existing dwelling

WEST WOODVILLE WARD

3.68 18 MAPLE AVENUE ROYAL PARK SA 5014 21 Ms L Zupan

Land Division – 252/D155/17 – Creating two allotments from one and construction of two, single storey semi-detached dwellings - Stage 1: Land Division, Stage 2: Two single storey semi-detached dwellings

HINDMARSH WARD

3.69 31 DRAYTON STREET BOWDEN SA 5007 35 Mr J Lentakis

Change in land use from existing vacant site to cellar door/tasting facility, warehouse and ancillary uses. Alterations to existing State Heritage building.

4. ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT MATTERS Determine whether or not to accept or reject a compromise. Nil 5. INFORMATION REPORTS Receive Information reports. Nil 6. POLICY ISSUES IDENTIFIED To consider and document any Development Plan policy issues arising from the

meeting. Nil 7. BUSINESS – PART II – CONFIDENTIAL ITEMS Nil


8. GENERAL BUSINESS Nil 9. MEETING CLOSURE

City of Charles Sturt 1. CAP Report 6/12/17

TO: Council Assessment Panel FROM: Assessment Manager DATE: 6 December 2017

BEVERLEY WARD

3.66 23 AND 23A WILLIAM STREET BEVERLEY SA 5009

Applicant Concslab Concrete Pty Ltd

Development Application No 252/2537/17

Proposal Change of land use from light industry to waste transfer station (temporary stockpiling of clean fill)- retrospective – non-complying

Owner of land Concslab Super Holdings Pty Ltd

Legal Description Lot 700 DP 114935 Vol 6190 Fol 837

Additional Properties Lot 701 William Street BEVERLEY SA 5009

Additional Legal Descriptions Lot 701 DP 114935 Vol 6190 Fol 838

Zone Industry

Precinct 24 Beverley/Findon

Industry Interface Area

Public notification category Non Complying Cat 3 Public Notice

Author Kimberley Hutchinson – Development Officer (Planning)

Attachments A. Application documents

Development Plan 5 May 2016

Recommendation Not to proceed with the assessment of the development application


Report Background This application is presented to the CAP for a decision in accordance with the Development Act 1993 delegations policy as it is recommended not to proceed to assess the non-complying application. Proposal The application seeks to retrospectively change the use of the land from light industry to waste transfer station (temporary stockpiling of clean fill) (non-complying). The proposal seeks to temporarily stockpile excavated soil of up to 2 metres in height with a maximum volume of 873 cubic metres, on a portion of the site being the vacant area to the rear of an existing engineering workshop building. The fill is then to be held on the site for a limited period of time ahead of it being removed in bulk by the owner/operator of the site on a regular basis and transferred to a licensed land fill. The soil is to be covered with shade cloth material and kept moist using sprinklers in order to minimise the potential for dust nuisance. Fill will be stockpiled within one metre of neighbouring buildings and fences. Vehicle access to the stockpile is proposed via an existing hard stand area and driveway from William Street. Site/Locality The site comprises two irregular shaped allotments (Allotment 700 and Allotment 701) with a total site area of approximately 7973 square metres. Both allotments have access from William Street. Allotment 701 also has access via a right of way at the rear of the site from Main Street. The proposed development seeks to stockpile fill on both parcels of land. The site is located in the Industry Interface Zone. The locality is made up of predominantly residential development, the majority of which is located in the Industry Zone.


Site and Locality Plan

Subject Site shown in blue, Locality in red


Site photo: 23 and 23A William Street. Beverley– 19 October 2017 – Brooke Seal

Site photo: 23 and 23A William Street, Beverley- 19 October 2017- Brooke Seal


Site photo: 23 and 23A William Street, Beverley- 19 October 2017- Brooke Seal Non-Complying Assessment At this stage it is not necessary to assess the proposal in detail against the provisions of the Development Plan, only to decide whether or not to proceed with an assessment of the non‐complying application. Should the CAP decide to proceed to assessment of the application, Category 3 notification and assessment of the proposal will be undertaken. Further refinement of the proposal may occur as result of this process. Should it be resolved to grant Development Plan Consent, the concurrence of the State Planning Commission (SPC) via the State Commission Assessment Panel (SPAC) would be required before the approval would be operative. Desired Character/Land Use

The site is located in the Industry Interface Area of the Industry Zone, Precinct 24 Beverley/Findon. The form of development proposed, namely “waste reception storage treatment or disposal” is classified as a non-complying form of development in the Industry Zone except where it involves the remediation of land or where all of the following applies:

a) it is located more than 300 metres from the Residential Zone

b) It is located outside of the suburb of Royal Park


c) It involves the annual throughput or potential to receive, store or transfer of less than 10000 tonnes of waste per annum

d) The waste is to be received, stored, unloaded or loaded or otherwise transferred inside the confines of a fully enclosed roofed building with an impervious floor.

The proposal does not satisfy all of the exceptions listed above in that the proposal is located within 300 metres of a Residential Zone and will not be operated within the confines of a fully enclosed roofed building with an impervious floor. Therefore the proposal must be classified as a non-complying form of development for assessment purposes. The Desired Character for the Industry Interface Area envisages that the area will accommodate a wide range of industrial and service activities. Activities that generate any appreciable nuisance; have off site impacts; cause traffic generation and movement or have a detrimental impact on the amenity of properties in residential or similar environmentally sensitive zones are not appropriate. Any activities that have the potential to be hazardous or produce negative off site impacts are also not considered appropriate. Industry Zone, Principle of Development Control 13 provides that development involving the reception, storage or transfer of waste should satisfy a number of requirements before it is considered an acceptable form of development in the Industry Zone. For example the proposed development must be located at least 300 metres from any residential zone or other sensitive land use. The proposed stock pile is to be situated in the north western corner of the site, immediately adjacent to neighbouring existing residential development. Whilst the adjoining residential property is also located in the Industry Zone the impacts of the proposal on this property cannot be totally ignored. Further, residential properties to the south of the site are located in the Residential Zone and are approximately 70-86 metres from the area being used to store waste. The proposed use has the potential to cause significant detrimental impact on the amenity of these adjoining residential uses through the generation of dust and noise impacts. Whilst the applicant has suggested in its Statement of Support that appropriate ‘good management’ practices will be implemented to reduce off site impacts, the Development Plan clearly seeks to avoid activities that have the potential to generate any appreciable nuisance, and on that basis, the proposed use is considered undesirable. Industry Zone, Principle of Development Control 4 considers development listed as non-complying as being generally inappropriate and not acceptable unless it can be demonstrated that it does not undermine the principles and objectives of the Development Plan. There is a significant risk that the proposed development will undermine relevant principles and objectives within the Development Plan, and on that basis is considered to be seriously at variance with the relevant provisions of the Industry Zone. It should be noted that since the lodgement of this application the zoning of the site has changed to Urban Employment Zone. However the type of land use proposed is still listed as non-complying in the new zoning.


Recommendation That pursuant to Regulation 17(3)(a) of the Development Regulations 2008, the application is seriously at variance with the Development Plan and should not proceed to the assessment of the application.


ATTACHMENT A [Attachment A consists of 15 pages]



WEST WOODVILLE WARD

3.67 4 PINE STREET ROYAL PARK SA 5014

Applicant Ms M Cutugno


Proposal Garage and carport structure to the rear of the existing dwelling

Owner of land Ms M Cutugno

Legal Description Lot 2 FP 8630 Vol 5369 Fol 807

Additional Properties No related Properties

Additional Legal Descriptions No related Land

Zone Residential

(Mid Suburban Policy Area 16)

Form of assessment Merit

Public notification category Consent Cat 1 No Notice

Author Kerrie Wilmore – Development Officer

Attachments A. Development Plan provisions table

B. Application documents

Development Plan 12 September 2017

Recommendation Refusal


Report Background The site consists of a single storey dwelling with an associated garage for one car space and one uncovered visitor car park (two onsite spaces in total). During the assessment process for this application, concerns were raised with the applicant over the proposed garage’s visual dominance and its inability to meet the setback requirements of the Development Plan from the secondary street frontage as well as length along boundaries. The applicant requested to proceed with the application in its current form and request a decision be made on the proposal as presented. As the proposal is recommended for refusal, as per the current delegations, it is presented to the Council Assessment Panel for a Decision. Proposal The proposal is for a garage forward of the secondary face of the dwelling. The garage proposed is 4.150 metres wide, 15.6 metres deep and 2.438 metres post height with a 13 degreed pitched roof reaching an overall height of 2.917 metres high of monument Colorbond. The proposal is predominately an enclosed structure as a garage, with a small component of 3m length that is open sided on the northern and southern elevations. This component of open structure is setback 1.6 metres from the property boundary. This in turn proposes for an enclosed structure to the secondary street boundary. The structure is proposed on both the western and northern boundaries. Site/Locality The site is made up of a regular shaped allotment with a total area of 371 square metres. It has a street frontage of 12.5 metres to Pine Street and an allotment depth of 24.4 metres. The site has a secondary street frontage to Cedar Avenue. The locality is made up of predominantly single storey detached dwellings, many with open landscaped front yards. Dwellings within the street are generally set back at 5 metres on the average from the primary street frontage. Within the locality there are a few sites with garaging forward of the main face of the dwelling up to the secondary street boundary. The site two streets to the west at 74 Maple Avenue has a wall on the secondary street boundary Pine Street). Council’s aerial imagery shows the garage in existence prior to 2002. The dwelling on the same site sought development approval in 2017 which depicted to retain the existing garage (site photos 8 and 9). 81 Palm Avenue Royal Park (site photo 8 and 9) again shows in Council’s aerial imagery dating back to prior 2002, approval sought in 2016 to replace the existing structure. 74 Tapleys Hill Road Royal Park has a building on the secondary street boundary, this forms part of a commercial ‘Thermo Glaze’ business. This structure does not form part of onsite car parking (Site photo 6 and 7).




Site Photos

Site photo 1: 4 Pine Street Royal Park (secondary street, proposed location of structure) – 8 November 2017 – Kerrie Wilmore


Site photo 2: 4 Pine Street Royal Park, Font of subject dwelling – 8 November 2017 – Kerrie Wilmore

Site photo 3: Looking south along Pine Street – 8 November 2017 – Kerrie Wilmore

Site photo 4: 4 Pine Street Royal park , southern side of subject site, location of proposed structure outlined in red – 8 November 2017 – Kerrie Wilmore


Site photo 5: 4 Pine Street Royal Park, looking north – 8 November 2017 – Kerrie Wilmore

Site photo 6: 74 Tapleys Hill Road Royal Park (western elevation), ‘Thermo Glaze’ Commercial site – 8 November 2017 – Kerrie Wilmore

Site photo 7: 74 Tapleys Hill Road Royal Park – 8 November 2017 – Kerrie Wilmore


Site photo 8: 74 Maple Avenue Royal Park (right) & 81 Palm Avenue Royal Park (left) – 8 November 2017 – Kerrie Wilmore

Site photo 9: 81 Palm Avenue Royal Park (left) and 74 Maple Avenue Royal Park (right) – April 2013 – Google Street View Development Assessment The proposal is neither a complying nor non-complying form of development and must be considered on its merits against the relevant provisions of the Development Plan. The Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals. Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of the Development Plan has been undertaken within Attachment A. Where compliance with a particular Development Plan provision requires further discussion, it has been outlined in further detail below.


The following table provides a summary of the proposal against the relevant provisions of the Development Plan:

Garage/Carport Development Plan DPP Provisions Met?

Site Area per Dwelling 371 m2 300 m2 Yes - existing

Building Height 2.438m wall height and 2.917m overall height including roof pitch

3.0m wall height on boundary, 5.0m overall height

Yes

Setbacks Front (secondary street)

0m 900mm No

Side (lower) 15.6m on boundary On boundary for 8.0m in length then 0.9m in

No

Rear (lower) 4.148m 3m Yes

Private Open Space 72.5 m2

(19%) 80 m2 25%

No

Coverage of POS 14.6 m2

(20%)

<(30%) Yes

Carparking/Access 2 2 Yes

Qualitative Standards

Development Plan Met?

Scale New development incorporates setbacks, siting, materials, roof forms and features consistent with and enhancing the established character

No

Appearance Garages, carports and residential outbuilding should have a roof form and pitch, building materials and detailing that complement the associated dwelling

No

Visual impact Setbacks of structures should be compatible with setbacks of buildings on land and other buildings in the locality

No

Desired Character This policy area will be characterised by a mix of dwelling types throughout, such as detached and semi-detached dwellings, interspersed with a range of well-designed medium density housing on larger, wider allotments as well as on main road frontages and facing larger public open spaces. The use and placement of outbuildings should be ancillary to and in association with a dwelling or dwellings.


Visual Appearance/Built Form Domestic structures in association with the primary use of the site for a dwelling within the Residential Zone are envisaged. However, General Section, Residential Development Principle 8 clearly outlines setback requirements for garages and carports to a secondary street boundary. To achieve a setback of 0.9 metres or in-line with the existing dwelling. The proposed development does not meet the setbacks defined in the current Development Plan nor will it reflect the predominate character of the locality. The desired character for the Mid Suburban Policy Area 16 states that development should be designed to complement and enhance the high quality and pre and post-World War Two building styles and incorporating setback, siting, materials, roof forms and features consistent with and enhancing the established character. The proposed development does not meet the setbacks defined in the current Development Plan nor will it reflect the predominate character of the locality. The proposed carport to the secondary street side of the existing dwelling is proposed to the secondary street boundary. The carport is forward of the prevailing setbacks in the locality would not satisfy the above Development Plan provision. Principles of Development Control 6 of the General Section Residential Development of Council’s Development Plan requires garages and carports not to exceeds 8 metres in length. The application proposes a 15.6 metre long garage/carport on the northern boundary. Due to its position forward of all associated structures on the site and adjoining properties, the proposed structure will be visually dominant when viewed from the street which is inconsistent with the established character and amenity of the streetscape, creating an unreasonable visual impact on occupiers of the neighbouring property at 60 Cedar Avenue Royal Park. The proposed garage/carport will extend approximately 6.3 metres forward of 60 Cedar Avenue Royal Park. A recent inspection of the subject site and the immediate locality has confirmed that there are only three examples in the immediate locality of garages in front of the main face of the dwelling to a secondary street side. All of these were existing structures prior to this policy coming into effect and have been simply replaced over time. Therefore based on the visual appearance of the structure and setbacks proposed from the primary frontage the development is not considered consistent with the relevant Development Plan provisions. Stormwater Management The proposed structure has demonstrated that stormwater will be connected to street water table via 90 mm PVC pipe. This would meet Council’s requirements in terms of Stormwater management.


Traffic Management and Parking The proposed garage will provide additional under cover parking for the existing dwelling. There is an existing single width garage located in the north western corner of the allotment. This application proposes to increase the size of this garage and covering the uncovered parking areas. The existing on-site parking arrangement meets the Development Plan requirements. Conclusion This application has been assessed against the Charles Sturt Development Plan dated 12 September 2017. The proposed garage is considered to be at variance with the relevant Objectives and Principles of the Development Plan, in regards to lack of setback to secondary street and the exceedingly long length on boundary. The location and setback of the carport will have an unreasonable visual impact on the occupants of adjoining residential dwellings and the streetscape and is not consistent with Council’s setbacks for garages / carports, or the desired character for the policy area. For these reasons the proposed development is not considered to have sufficient merit to warrant the granting of Development Plan Consent. Refusal is therefore recommended. Recommendation A. Reason for Decision The Panel has read and considered the report prepared by the Development Officer

and agrees with the assessment outlined in that report. B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is

considered to be unreasonably at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 12 September 2017.

C. That pursuant to Section 33 of the Development Act, 1993, Development Approval be

REFUSED to Development Application Number 252/2493/17 for the following reasons:

• Residential Zone, Mid Suburban Policy Area 16 – Objective 1 and Principle 1

• General Section, Residential Development, Principle 8

• General Section, Design and Appearance, Objective 1 and Principle of Development Control 22

• General Section, Orderly and Sustainable Development, Objective 1 and 4.


In that:

• The development will have an unreasonable visual impact on the occupiers of adjoining residential dwellings;

• The structure is not consistent with setbacks for carports and garages from a secondary street frontage; and does not contribute to the desired character of the policy area;

• The development is constructed for a length considerably exceeding 8.0 metres along the northern (rear) boundary

• That the development will not create orderly development or a safe, convenient and pleasant environment in which to live.


ATTACHMENT B [Attachment B consists of 8 pages]



WEST WOODVILLE WARD

3.68 18 MAPLE AVENUE ROYAL PARK SA 5014

Applicant Ms L Zupan


Proposal Land Division – 252/D155/17 – Creating two allotments from one and construction of two, single storey semi-detached dwellings - Stage 1: Land Division, Stage 2: Two single storey semi-detached dwellings

Owner of land Ms L Zupan




Zone Residential

(Mid Suburban Policy Area 16)

Form of assessment Category 1

Author Megan Hendy – Development Officer - Planning

Attachments a. Development Plan provisions table

b. Application documents


Recommendation Approval with Conditions


Report Background This proposal involves the establishment of new site areas 15% below the minimum area specified for a semi-detached dwelling in the relevant Policy Area and is therefore required to be considered by the Council Assessment Panel (CAP) as per Council’s Delegations Policy.

A similar application for two, two storey semi-detached dwellings on this site was approved by Council in 2005 and was granted two extensions of time for the Development Plan Consent to carry them through to getting Building Rules approval by March 2008. However, Development Approval was not obtained within this time and the development application subsequently lapsed.

The combined height of the retaining walls and fencing of 2.2 metres has been deemed minor pursuant to Schedule 9 of the Development Regulations as it only marginally exceeds the height allowed for fencing that would not require approval. Further, it will not impact unreasonably on the neighbouring properties.

Proposal

The application seeks approval to subdivide the original site into two new allotments of 254 square metres each and construct two, single storey semi-detached dwellings. Each dwelling will comprise of three bedrooms, a living/dining area to the rear and single garages.

The dwellings are of a contemporary design with each dwelling to be constructed with a floor to ceiling height of 2.7 metres. The dwellings are to be constructed of brick with a rendered finish and concrete tiled roofs.

Retaining walls of up to 570mm high are proposed along the side and rear boundary of the site. The combined height of the retaining and fencing will result in the structure being more than 2.1m in overall height which was discussed with the applicant. It has been confirmed on the civil plan that combined retaining and fencing will not exceed 2.2m in height.

The proposal seeks to retain the existing street tree.

Site/Locality

The subject site is located in the Residential Zone, Mid Suburban - Policy Area 16. The current site has a total area of 508m². The site is rectangular in shape having a frontage to Maple Avenue of 16.26 metres and a depth of 31.24 metres.

The site is relatively flat with an existing single storey detached dwelling and associated outbuildings to the rear. These structures will be demolished as part of a separate development application if this application is supported by the Panel.

The locality is characterised primarily by single storey detached or semi-detached dwellings within Maple Avenue with the exception of a larger block of six two storey units, built prior to 1972, located at the northern end of Maple Avenue facing Clovelly Avenue. Allotments in the locality are generally rectangular in shape between 287 and 647 square metres in size. Limited recent infill development is evident in the immediate locality.



Subject Site shown in blue, Locality in red and Representors properties identified by red dot.

Site Photo

Subject site: 18 Maple Avenue, Royal Park – source Megan Hendy – November 2017


Internal Consultation

Department/Staff Response

Engineering – Stormwater Stormwater drainage and finished floor levels – Meet CCS requirements

Development Assessment The proposal is neither a complying nor non-complying form of development and must be considered on its merits against the relevant provisions of the Development Plan. The Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals. Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of the Development Plan has been undertaken within Attachment A. Where compliance with a particular Development Plan provision requires further discussion, it has been outlined in further detail below. The following table provides a summary of the proposal against the relevant provisions of the Development Plan:

Dwg 1 Dwg 2 Development Plan

DPP Provisions

Met?

Site Area per Dwelling 254sqm 254sqm 300sqm No

Street Frontage Width 8.13m 8.13m 8m Yes

Building Height 4.3m 4.3m 8.2m Yes

Setbacks Front 4.54m 4.54m 4.8m No Side (southern) Boundary Boundary Boundary-

0.9m Yes

Side (northern) Boundary Boundary Boundary-0.9m

Yes

Rear (lower) 3.67m 3.67m 3m Yes

Private Yard Areas 22% (55.7sqm)

22% (55.7sqm)

25% of site area (63.5sqm)

No

Carparking Tenant 1 1 1 Yes Visitors 1 1 1 Yes


Qualitative Standards

Development Plan Met?

Scale Setbacks, siting and features consistent with the desired character

Yes

Appearance Development that enhances the established character. Yes

Visual impact External materials and colours consistent with and enhancing the established character.

Yes

Desired Character The proposed development seeks to replace an existing single storey detached dwelling with two single storey semi-detached dwellings and subdivide the existing site into two allotments. The Desired Character Statement of the Residential Zone – Mid Suburban Policy Area 16 states that dwellings be designed to complement and enhance the high quality pre and post World War Two building styles and incorporate setbacks, siting, materials, roof forms and features consistent with and enhancing the established character. The proposal seeks to continue the residential use of the site by way of infill development. Whilst the site areas are less than that sought by the Development Plan, the allotment size is still at low density with the proposed dwellings reasonably according with all other relevant provisions of the Development Plan. As such the allotment size is considered acceptable in this instance. Overall the proposal is considered to be in keeping with the desired character of the Policy Area. Land Use/Site Area The Residential Zone envisages detached and semi-detached dwellings as land uses in this Zone. The proposal for two single storey semi-detached dwellings, located on separate titles, is contemplated as appropriate within the Zone. The proposal is considered to be consistent with the envisaged land use within the Policy Area. The proposed site areas for the dwellings are under the minimum site area for semi-detached dwellings by 46 square metres (15%) and this is under the density required for semi-detached dwellings in Residential Zone Mid Suburban Policy Area 16. This is considered to be a minor departure only due to the majority of the other provisions in Development Plan being met. Visual Appearance/Built Form Having regard to the siting of the proposed dwellings, all side and rear setbacks are in accordance with Council’s building envelope requirements, as are the wall heights on the boundaries, in line with Principle Development Control 8 of the General Section, Residential Development. The front setbacks of the proposed dwellings are 300mm closer than the existing dwelling to the north and approximately 1.2 metres forward of the existing dwelling to the south. The garages however, are situated on the boundaries adjoining these sites and are setback at 5.5


metres, which is more than the average of the two adjoining dwellings. Therefore, whilst the front facades are closer the dwellings have been designed to ‘step back’ to be consistent with the prevailing setbacks of the adjoining dwellings. The front setback is therefore considered reasonable and will have a minimal visual impact on the locality. The roof pitch of each proposed dwelling is 22 degrees when Zone Section, Residential Zone, Principle of Development Control 7 states roof pitches should be less than 5 degrees or greater than 25 degrees. Due to the pitch being only 3 degrees less than desired, and the range of roof angles and pitches in the street, this is not considered to be unreasonably at variance with the Development Plan and unlikely to have an adverse impact on the streetscape. Private Open Space In accordance with General Section, Residential Development, Principle of Development Control 14 (d) the amount of private open space provided for a dwelling of this form in the Residential Zone Policy Area 16 is 25%. Both dwellings have 55.7 square metres of private open space or 22%. While this is 3% under the Development Plan requirement, the Residential Code legislation notes that site areas under 300 square metres only require 24 square metres of private open space which both the dwellings meet. The Council Development Plan has recently been updated and now also only requires a private open space area of 24 square metres for allotments of this size. The main private open space areas are directly accessible from the living rooms to the rear of each dwelling and also provide adequate separation to the adjoining sites. These meet Principle of Development Control 12(a)(e) and Principle 14(a) of the General Section Residential Development of Council’s Development Plan. Private open space requirements are therefore considered to adequately comply with the requirements of the Development Plan, and will provide usable areas for future occupants. Stormwater Management The proposed development has been assessed by Council’s Stormwater Engineer and is deemed to comply with Council requirements relating to stormwater disposal. The retaining wall to the rear of the site may be required to be as high as 570mm yet the applicant has confirmed on the plan that the overall height of any retaining wall with fencing on top will not exceed 2.2 metres. This is only 100mm above that which would not require development approval and is not considered to have any adverse impacts on adjoining residential properties. Traffic Management and Parking The proposal has provided two on-site car parking spaces per dwelling. One undercover onsite car parking spaces by way of a single garage and an additional visitor space is available in the driveway area of each dwelling. One on street car parking space is also available in-front of the dwellings, in accordance with General Section, Transportation and Access, Principle of Development Control 11.


Given the above, site access and car parking arrangements are considered to be appropriate. Crime Prevention The Development Plan states that developments should be designed to maximise surveillance of public spaces through the incorporation of clear lines of sight, appropriate lighting and the use of visible permeable barriers wherever practicable. Furthermore, buildings should be designed to overlook public and communal streets and public open space to allow casual surveillance. The proposed development achieves this with bedroom 1 of each dwelling facing the public road. Waste Management The development will be allocated the standard three bin waste collection service, and there is space to the rear of the garages in the side courtyards of each dwelling, to store these bins. The available kerbside for presentation of bins, taking into consideration an additional crossover, is considered satisfactory. Suitable waste management facilities have been provided for the development. Street trees There is a medium sized, non-regulated Jacaranda street tree located in front of the existing site which will be retained. The proposed new driveway for Lot 382 will be to the southern side providing a 3 metre clearance from the subject street tree. Conclusion This application has been assessed against the Charles Sturt Development Plan dated 5 May 2016. The proposed development generally complies with the relevant provisions of the Development Plan and is considered appropriate in terms of land use, amenity, stormwater disposal, open space and setbacks. The overall reduced site areas are not considered to be fatal to the application. It has been demonstrated that the site can accommodate dwellings which will reasonably satisfy the requirements of the Development Plan; hence the proposal is considered to have sufficient merit to warrant support and is recommended for approval. Recommendation A. Reason for Decision The Panel has read and considered the report prepared by the Development Officer -

Planning and agrees with the assessment outlined in that report.


B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 May 2016.

C. That pursuant to Section 33 of the Development Act, 1993, Development Application

Number 252/1375/17 be GRANTED Development Plan Consent and Land division consent subject to the following conditions:

1. Develop in accordance with the approved plans That the proposal shall be developed in accordance with the details and approved

plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.


2. Removal of structures That all existing structures on the site be removed from Lots 381 and 382 prior to the

issue of the Certificate of Approval. Reason: To ensure the development proceeds in an orderly manner.

3. Stormwater be directed away from neighbouring properties All stormwater runoff shall be directed away from neighbouring properties. Reason: To ensure storm water is disposed of in a controlled manner. 4. Stormwater Condition All stormwater from buildings and paved areas shall be disposed of in such a manner

that it does not result in the entry of water into a building or affect the stability of a building.

Reason: To ensure the development proceeds in an orderly manner. 5. Stormwater Management Plan Condition All stormwater runoff shall be directed away from neighbouring properties and shall

be managed in accordance with the Stormwater Management Plan prepared by FMG Engineering dated 23/10/2017 and quoted with Job Reference Number S37807-258249.

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


Land Division Conditions 6. Land division conditions required by the Development Assessment Commission: 6.1 The financial requirements of the SA Water Corporation shall be met for the

provision of water supply and sewerage services (H0059694). The alteration of internal drains to the satisfaction of SA Water is required. Subject to our new process, on receipt of the developer details and site

specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees.

On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.

6.2 Payment of $6676 into the Planning and Development Fund (2 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, at Ground Floor, 101 Grenfell Street, Adelaide.

6.3 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.

Notes 1. Please advise Council in writing when all conditions of consent have been met

so Council can inspect the site and advise the State Planning Commission that the Certificate of Approval may be issued.

2. Development Approval must be received for this development within 12 months of

the date of this Development Plan Consent. You will require a fresh Development Plan Consent and Development Approval before

commencing or continuing the development if you are unable to satisfy these requirements.

3. Before proceeding with this proposal, you are required to seek Building Rules Consent

pursuant to the provisions of the Development Act, 1993.


To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed. The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public). Driveway Crossovers • You are advised that under the Local Government Act 1999 construction of any

footpath, kerb, gutter or crossover on Council land will require a permit from Council's Engineering Strategy and Assets Department. It is illegal to undertake work on Council land without permission. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorksonPublicRoad for Council standards.

Council Verges • Please note that Council does not have funds to reinstate/landscape the verge at the

completion of building work where this is the responsibility of the owner. • Any proposed landscaping on Council’s verge requires Council’s permission via a

permit application. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.

Common boundary • When removing fences that are on the common boundary with your neighbour you

must give your neighbour 28 days’ notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.


Neighbours • Construction within an established neighbourhood can be a stressful time for existing

residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

Dust • Airborne dust and sand emissions potentially generated on site must be managed and

this can be achieved by wetting down the soil and site during the demolition and

https://eforms.charlessturt.sa.gov.au/Produce/wizard/3c4d1fd2-ac7c-460f-aaac-3c5169c6b2ae

http://www.charlessturt.sa.gov.au/WorksonPublicRoad

http://www.charlessturt.sa.gov.au/WorkonCouncilProperty


construction process. If you have any concerns or questions in relation to dust you can contact Council’s Customer Contact Team on 8408 1111.

Asbestos • If there is asbestos material in or on the building or fencing to be demolished there

are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space • Should any part of the development process require use of public land (ie, the

footpath, nature strip, road or other reserve), additional permits will be required. • Examples of such activities include storage of materials, delivery of materials from

public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.



Environment Protection Note The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system). The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation: 1. Building and construction should follow sediment control principles outlined in the

Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:



2. Litter from construction sites is an environmental concern. All efforts should be made

to keep all litter on site. The applicant should ensure that bins with securely fitted lids, capable of receiving all waste from building and construction activities, are placed on site.



It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it. For further information please contact Council’s Customer Contact Team on 8408 1111.



HINDMARSH WARD

3.69 31 DRAYTON STREET BOWDEN SA 5007

Applicant Mr J Lentakis


Proposal Change in land use from existing vacant site to cellar door/tasting facility, warehouse and ancillary uses. Alterations to existing State Heritage building.

Owner of land Catnip Investments Pty Ltd,

Robert James Simpson Giles Gavin Walkely Jack (1988) Pty

Ltd, Wheaton (1992) Pty Ltd




Zone Urban Core Zone

Form of assessment Schedule 10 - Government Assessment

Agency consultations N/A

Author John Tarasiuk – Development Officer (Senior Planner)

Attachments A. Development Plan provisions table

B. Application documents


Recommendation Advise State Commission Assessment Panel (SCAP) that Council supports the development with conditions


Report Background The former Way Memorial Church building has state heritage listing. The building was erected in 1851 and was sold off by the church in 1949. Since the original church use, the building has been used for the manufacturing of various products. The building has remained vacant since 1989. Pursuant to Schedule 10 of the Development Regulations, the State Commission Assessment Panel (SCAP) is the relevant planning authority. Council has six weeks to provide comments and a recommendation to the SCAP to aid their decision. Council’s Development Act 1993 delegations policy require any decision which involves potentially licenced premises including advice or comments to the SCAP to be determined by the CAP. SCAP will undertake referral of the application to Heritage SA and consider their advice in relation to the building alterations. Proposal The application seeks approval to change the land use of the former Way Memorial Church building (currently vacant since 1989) to a cellar door and tasting facility, with small scale wine making with associated bar and office and storage. The proposal seeks some internal and external alterations to the building including repair work to the existing roof as well as installation of new doors and a new large sliding door and opening to the eastern elevation. Site/Locality The site is made up of a regular shaped allotment with a total area of 1130 square metres with 33.5 metre frontages to both Drayton Street and Sixth Street. The land comprises of the State Heritage listed former Way Memorial Church building which has remained vacant since 1989. The site is located within the Urban Core Zone and is located adjacent to the Urban Employment Zone (formerly the Industry Zone). The immediate locality is currently commercial in nature with a mix of industrial, warehouse and commercial land uses. Newly constructed residential flat buildings ranging between two storeys to six storeys (part of the Bowden development) are located to the eastern side of Gibson Street. Whilst a number of sites within the immediate locality are currently commercial and industrial land uses, these sites have been earmarked for future high density residential and mixed use development. The land to the western side of Drayton Street is currently vacant however is soon to be remediated in preparation for future development.


Site photo: Subject Site – 31 Drayton Street – 21 November 2017 – John Tarasiuk

Site photo: Subject Site - 31 Drayton Street - 21 November 2017 – John Tarasiuk


Site photo: Adjacent site to the north – 21 November 2017 – John Tarasiuk

Site photo: Adjacent land to the west – 21 November 2017 – John Tarasiuk


Internal Consultation

Department/Staff Response

Chris Bentick Transport Engineer

In-principle support is granted for the proposal, subject to minor changes recommended as conditions of approval.

Leanne Dyson Health and Safety

As a food business, the requirements of the Food Act 2001 and Food Standards Code must be complied with. A more detailed building plan, particularly of the kitchen and food processing areas would need to be provided. A ‘food business notification’ form is required to be submitted to Council prior to the business opening.

Development Assessment Pursuant to Schedule 10 of the Development Regulations, the Development Assessment Commission is the planning authority and must have regard to Council’s comments and the relevant provisions of the Development Plan in assessing the proposal. Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of the Development Plan has been undertaken within Attachment A. Where compliance with a particular Development Plan provision requires further discussion, it has been outlined in further detail below. The following table provides a summary of the proposal against the relevant provisions of the Development Plan:

Proposal Development Plan DPP Provisions

Met?

Total Site Area 1130m² Existing Allotment Existing Allotment

Street Frontage Width

Drayton Street – 33.5m Sixth Street – 33.5m

Existing Allotment Existing Allotment

Floor area 430m² N/A N/A

Carparking 12 3/100m² of floor area (13) Additional dispensations allowed

Yes

Hours of operation General Operations – 7:00am to 7:00pm Cellar Door – Monday to Sunday 10:30am to 7:00pm Additional Licensed trading hours – Thursday to 11:00pm, Friday and Saturday to 1:00am, Sunday to 9:00pm and Sundays

Liquor Licencing Policy

Yes


Proposal Development Plan DPP Provisions

Met?

with Public Holidays Monday to 1:00am

Landscaping 160m² N/A N/A

Desired Character/Land Use The site is located within the Core Area of the Bowden Urban Village as depicted on Concept Plan Map Chst/23 within the Urban Core Zone. The desired character statement for the Core Area of the Bowden Urban Village seeks the greatest intensity of land use activity in the zone with a mix of residential, and neighbourhood scale commercial and employment generating activities integrated with adjacent public transit stops. The desired character statement acknowledges the numerous State Heritage Listed places within the Zone with their presence taken into account in the development of the wider area. The proposed cellar door/wine bar seeks to revitalise an existing run-down State Heritage building with an adaptive re-use of the building. It is anticipated that the state heritage listed place be used for a high intensity land use such as that proposed. Urban Core Zone, Principle of Development Control 1 lists ‘licenced premises’ as being envisaged within the Zone. Principle of Development Control 2 adds entertainment venues as being envisaged where located within the Core Area of the Zone. It is considered that the proposal to use an existing vacant heritage listed building for the purposes of a licenced premises is envisaged within the desired character of the zone. Visual Appearance/Built Form/Heritage The proposal seeks alterations and general repair work to the building. The alterations include the installation of a new large sliding door and window opening to the eastern elevation to provide access to the new outdoor seating area to the rear of the premises. The proposal includes the creating of a new compacted gravel carpark to the front the building of Drayton Street as well as landscaping around the perimeter of the site. The external appearance of the building will be subject to the review of Heritage SA. The application will be referred to them by the SCAP. The Objectives of General Section, Heritage Places seek the conservation and continued use or adaptive re-use of State Heritage places. The proposal which seeks the adaptive re-use of


an existing run-down vacant building will include much needed repair work and maintenance. Whilst the assessment of the design involving the alterations to the external fabric of the building will be driven by Heritage SA and may be subject to change, the proposal to re-use the exiting State Heritage listed building is considered to be in keeping the general Objectives and Principles of the Zone and General Section, Heritage Places of the Development Plan. Amenity/Hours of Operation The land use seeks to operate between the hours of 7:00am and 7:00pm for general operations of the business activity which include wine making and cellar door tastings with an associated office. The application seeks extended trading hours for the cellar door tastings portion of the application which will include the sale of liquor at a bar facility on Thursday to 11:00pm, Friday and Saturday (including Sundays with public holiday Monday) to 1:00am the following day and on Sunday to 9:00pm. The site is located within the Core Area of the Bowden Urban Village, Urban Core Zone, which seeks the greatest intensity of land use activity in the zone. The site is currently surrounded by either vacant land or industrial and commercial land uses. Whilst residential land use is envisaged for the Zone, future residents of dwellings (most likely in the form of apartment units) will expect activities of this nature within the locality and can be designed to minimise external noise impacts. Councils ‘Liquor Licencing Policy’ recognises the contribution and significant place of licensed premises within the range of business and recreation facilities in the City. Whilst also acknowledging the importance of addressing liquor-related issues to protect and enhance the amenity of the City for the benefit of its residents, workers and visitors. Licensed premises can impact on amenity in many ways. The policy acts as a guide to determining suitable operating hours for land uses within close proximity to residential dwellings. For the purposes of this application, given that the Zone envisages a wide range of commercial land uses, the site is considered to be located within a ’Transitional Noise Area’. A Transitional Noise Area Premises encompasses a premise which is located in an area which are not within the Noise Tolerant Area or the Noise Sensitive Area. The noise policy recommends that the consumption of liquor within the transitional noise areas be between Sundays to Thursday 8:00am to 12 midnight and Friday to Saturday between 8:00am, and 1:00am, with outdoor dining areas limited to 12 midnight. Given that the hours of operation proposed for the premises are consistent with Council’s ‘Liquor Licencing Policy’, on the basis that liquor is not consumed outside after midnight, the proposed operating hours are considered acceptable.


Traffic Management and Parking Urban Core Zone Principle of Development Control 33 requires parking to be provided in accordance with Table Ch/St 2A- Off Street Vehicle Parking Requirements for Designated Areas requires 3 parking spaces to be provided per 100m² of floor area except where incentives apply, in which case the parking rate should be reduced accordingly. Principle of Development Control 34 specifies these incentives, allowing for lesser car parking where the proposed development is within convenient walking distance to readily accessible and frequent public transport as well as where the site is a heritage place. The site is to be provided with 12 on-site parking spaces in front of the building accessed of Drayton Street. Whilst slightly short of the 13 required by Table Ch/St-2A, given that the site is a heritage listed building in close proximity to the Bowden Train Station, the one-space shortfall is considered acceptable. Council’s traffic officer assessed the proposed access and parking layout against the relevant Australian Standard (AS). With the exception of the disabled parking space needing to be altered, the access and parking arrangement is considered to be acceptable subject to conditions. The disabled carpark can be redesigned to comply with AS requirements without the loss of any parking spaces. Subject to a condition of approval recommending the carpark comply with AS standards, the carparking provided is considered acceptable. Waste Management The majority of waste produced from the site is proposed to be removed by private contractor. Waste will be stored and disposed of via 1.5 cubic metre bins for general waste as well as general recycling. The applicant has indicated that organic waste, including grape stems and skins, will be generated from the site between February and May and will be taken to the Barossa Valley for recycling. The site is provided with adequate outdoor space for the storage of waste bins to the rear of the premises. Conclusion This application has been assessed against the Charles Sturt Development Plan dated 5 May 2016. The desired character statement for the zone seeks a mix of residential, and neighbourhood scale commercial and employment generating activities. The proposal to use an existing vacant and dilapidated heritage listed building for the purposes of a licenced premises, which is listed as being envisaged for the zone is considered an appropriate land use.


The proposal seeks adaptive re-use, providing a new lease of life to an existing run-down vacant state heritage listed building and will include much needed repair work and maintenance. The immediate locality surrounding the site is currently commercial, albeit residential is envisaged in the future, the proposed hours of operation are consistent with Councils ‘Liquor Licencing Policy’ for a transitional area. The site is to be provided with 12 on-site parking spaces. Whilst slightly short of the 13 required by Table Ch/St-2A, given that the site is a heritage listed building in close proximity to the Bowden Train Station, the on-site parking provided is considered acceptable. When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, the proposal is considered to have sufficient merit to warrant Development Plan Consent. Recommendation A. Reason for Decision The Panel has read and considered the report prepared by the Development Officer –

Senior Planner and agrees with the assessment outlined in that report. B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not

seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 may 2016.

C. That pursuant to Section 33 of the Development Act, 1993, Council advises the State

Commission Assessment Panel (SCAP) that it supports Development Application Number 252/2634/17 and recommends SCAP approve the application subject to the following conditions:

1. Develop in accordance with the approved plans That the proposal shall be developed in accordance with the details and approved

plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner. 2. Hours of Operation The hours of operation of the premises shall not exceed the times:

General Operations – 7:00am to 7:00pm


Cellar Door – Monday to Wednesday 10:30am to 7:00pm;

Thursday 10:30am to 11:00pm;

Friday, Saturday and Sunday’s that are followed by a Public Holiday Monday 10:30am to 1:00am the following day; and

Sunday 10:30am to 9:00pm

Reason: To preserve the amenity of the locality. 3. Carparking Design The carparking area associated with this proposal shall be developed in accordance

with the following requirements; i) The proposed car parking layout and access areas are to conform with the

Australian Standards 2890.1 for Off-Street Parking Facilities ii) That all parking areas be marked, to delineate the parking spaces, prior to the

occupation of the proposed development in accordance with the relevant Australian Standard AS 1742.

iii) The new chain wire sliding gate along Drayton Street frontage shall be at least

300mm from the edge of Space 1 to allow clearance for door opening iv) The redundant crossover shall be reinstated to kerb, gutter and footpath Reason: To ensure usable and safe car parking. 4. Landscaping per Plans The proposed landscaping shall be established on the site in accordance with the

approved plan prior to the occupation of the site and it shall be maintained and nurtured at all times, with any diseased or dying plants replaced.

Reason: To preserve and enhance the amenity of the locality and to ensure that

the proposal is established in accordance with the approved plans.= 5. No outdoor dining or liquor after midnight No food or liquor be served outdoors after midnight. Reason: To ensure the development proceeds in an orderly manner.

Notes 1. Development Approval must be received for this development within 12 months of

the date of this Development Plan Consent.



To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed. The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public). Driveway Crossovers • You are advised that under the Local Government Act 1999 construction of any

footpath, kerb, gutter or crossover on Council land will require a permit from Council's Engineering Strategy and Assets Department. It is illegal to undertake work on Council land without permission. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorksonPublicRoad for Council standards.

Council Verges • Please note that Council does not have funds to reinstate/landscape the verge at the

completion of building work where this is the responsibility of the owner. • Any proposed landscaping on Council’s verge requires Council’s permission via a

permit application. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.

Common boundary • When removing fences that are on the common boundary with your neighbour you

must give your neighbour 28 days notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.


Neighbours • Construction within an established neighbourhood can be a stressful time for existing

residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

https://eforms.charlessturt.sa.gov.au/Produce/wizard/3c4d1fd2-ac7c-460f-aaac-3c5169c6b2ae

http://www.charlessturt.sa.gov.au/WorksonPublicRoad

http://www.charlessturt.sa.gov.au/WorkonCouncilProperty


Dust • Airborne dust and sand emissions potentially generated on site must be managed and

this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you can contact the EPA on 8204 2004.

Asbestos • If there is asbestos material in or on the building or fencing to be demolished there

are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space • Should any part of the development process require use of public land (ie, the

footpath, nature strip, road or other reserve), additional permits will be required. • Examples of such activities include storage of materials, delivery of materials from

public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.


• Additional fees and charges may apply, please contact the Council’s Compliance Team on 8408 1198 to discuss your projects needs.


The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system). The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation: 1. Building and construction should follow sediment control principles outlined in the

Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:

• During construction no sediment should leave the building and construction site.

Appropriate exclusion devices must be installed at entry points to stormwater systems and waterways.

• A stabilised entry/exit point should be constructed to minimise the tracking of

sand, soil and clay off site. However, should tracking occur, regular clean-ups are advised.



3. All building and construction wastewaters are listed pollutants under the Environment

Protection (Water Quality) Policy 2003 and as such must be contained on site. It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it. For further information please contact the Environment Protection Authority on telephone (08) 8204 2004.

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