council development assessment panel meeting 3 … · 2015-01-28 · council development assessment...

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING3 February 2015

AGENDABUSINESS ITEM – 8.1

Applicant: K Sirrah Pty Ltd Landowner: Our Avon Pty Ltd

Agent: David Eastham Ward: Onkaparinga ValleyDevelopment Application: 13/488/473 Originating Officer: Tom Victory

Application Description: Winery in association with existing vineyard (maximum annualcrushing capacity 200 tonnes), two 150kL water storage tanks, wastewater tanks,retaining walls (maximum height 5.5m) and associated earthworks

Subject Land: Lot:6 Sec: P5130DP:18082 CT:5469/355

General Location: 196 Newman Road,Charleston

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24Jan 2013Maps AdHi/3 and AdHi/42

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Onkaparinga ValleyPolicy Area

Form of Development:Merit

Site Area: 46 hectares

Public Notice Category: Category 2 Representations Received: 2

Representations to be Heard: 2

1. EXECUTIVE SUMMARYThis application is for a winery in association with existing vineyard (maximum annualcrushing capacity of 200 tonnes), two 150kL water storage tanks, wastewater tanks,retaining walls (maximum height 5.5m) and associated earthworks

The subject land is located within the Watershed (Primary Production) Zone-Onkaparinga Valley Policy Area and is a merit form of development. Two representationsopposing the proposal were received during the Category 2 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2applications where representors wish to be heard.

The main issues relating to the proposal are potential pollution risk, noise, traffic and dustimpacts.

In consideration of all the information presented, and following an assessment against therelevant Zone and Council Wide provisions within the Development Plan, staff arerecommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

Council Development Assessment Panel Meeting – 3 February 2015K Sirrah13/488/473

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

A new winery (maximum annual crushing capacity of 200 tonnes).

The winery will consist of three gable-roof Colorbond Custom Orb© sheds joinedtogether to form one large structure. The total shedding would be 30m long by 25mwide with a wall height of 5.5m and a maximum overall height of approximately 8m.The total floor area would be 750m2 divided into three 250 m2 sections. The sheddingwould be Woodland Grey in colour and have sliding doors at the western and easternends.

The shedding is to be located in a vacant portion of land approximately 540m fromthe northern boundary, 250m from the eastern boundary and 280m from the westernboundary. It would be some 120m from the nearest dam on the site. The nearestdwellings on neighbouring land would be in excess of 500m from the winery building.

The shedding would have a bunded concrete floor with open grated drains withsumps and baskets to collect solids and be insulated with 75mm fibre wool blanket.The three shed sections will generally be divided into:

- The winemaking area

- Manoeuvring, loading and unloading of trucks and general work area (in thecentral section), and

- Barrel/finished goods store area and amenities area.

Other related infrastructure would be constructed around the shedding including two150kl rainwater tanks, a 76kl fire-fighting tank/s and two wastewater tanks.

All stormwater from the roof of the building would be directed to the rainwater tanks.The rainwater will be used for wine making purposes and for general cleaningpurposes. Overflow from the tanks would be directed to the surrounding vineyards.

To create a flat site for the shedding, various tanks and adjacent manoeuvring area, itis proposed to excavate the land up to a maximum depth of 5.5m. This willnecessitate the construction of two concrete retaining walls on the southern andwestern side of the winery to a maximum height of 5.5m. One retaining wall wouldform the southern wall of the shedding.

The shedding and surrounding flat area is to be set at a bench level of 111.85 AHD.External areas will be treated with crushed rock base to a level of 112.05 AHD andthe finished floor level of the shedding is to be set at 112.20.

The applicant proposes that half the grapes for the winery would be sourced fromthe vineyard on the subject land and the other half from surrounding vineyards.

Operations are expected to occur during daylight hours only and are to beundertaken indoors.

The existing gravel roadway which runs through the site is proposed to be sealedfor the entire length from the entrance to the winery site. Trucks would then loopthrough the winery building back on to the roadway in a forwards direction. Six staffcar parks are proposed north of the shedding.


On advice from Council engineers, the existing entrance to the property is to bewidened to 12m. In addition, the northern side of Newman Road (opposite theentrance) is to be widened with bitumen for a distance of 30m either side of theentrance to cater for manoeuvring of trucks into and out of the site.

Wastewater from the winery is to be collected, treated and then irrigated to a newwoodlot. The woodlot is proposed to be established 10m from the southern end ofthe property (south of the existing house) in an L-shape with a total area ofapproximately 6100m2. The woodlot would be a combination of Eucalypt andCasuarina cunninghamiana trees.

The stems and stalks from winemaking would be returned directly back onto thevineyards as mulch, while the skins and seeds (grape marc) will be temporarily storedin a concrete lined bin at the eastern end of the building which would be drained tothe winery waste buffer tank. The grape marc would be either transported off site fordisposal to the nearest licensed waste disposal facility, or be spread about thevineyard as mulch following decomposition.

It is expected that wine would be transported in bulk to other wineries in the region.Some would be on sold as bulk wine, some will be bottled and packaged elsewhereunder contract arrangement, then transported back to the subject land prior todistribution. No cellar door facility is proposed in this application.

The proposed plans are included in Attachment 2.

3. HISTORYMay 7, 2008 DA 08/186/473 Council granted Development Plan Consent for a change

of use to portion of an existing outbuilding for use as winestorage (maximum 18m2) in association with an existingvineyard (non-complying).

4. REFERRAL RESPONSES

Environment Protection Authority (EPA)

In summary, the EPA considers the potential environmental risks associated with theproposed development are low provided the construction, operation and managementof the winery and woodlot is undertaken in accordance with the amended plans anddetails provided.

It further stated that the site is located within the Mount Lofty Ranges WaterProtection Area and triggers the requirement for a licence as the proposed crushingvolume exceeds 50 tonnes. The applicant would need to apply and receiveauthorisation (a licence) prior to undertaking the proposed activity on the site.

A number of conditions are directed to be attached to any approval (refer conditions13 to 16).

A copy of the referral response is included as Attachment 3.


HERITAGE SA

The application was referred to Heritage SA as the site features a State HeritagePlace being the former stables of Blackford Farmstead (at the northern entrance tothe site abutting Newman Road). Heritage SA stated that it had no objections to theapplication as the proposed winery will not have any direct impact on the historicfabric of the State Heritage Place. The proposed winery was considered to be aconsiderable distance from the stables. A number of standard advisory notes wererecommended to be attached to any approval (refer recommended advisory notes 8and 9).


AHC EHUCouncil’s Environmental Health Unit has granted approval to install a wastecontrol system related to the winery (refer to the approval in Attachment 5).

AHC ENGINEERINGCouncil’s Engineering Department stated that the proposal should include anumber of features to ensure safe and convenient large vehicle movements, insummary being:

the access and crossover to the property is to be sealed from theedge of the sealed carriageway of Newman Road to the propertyboundary.

the swept path areas on Newman Road, be sealed for a distance of atleast 25 metres each side of the driveway centreline, on the northernshoulder of Newman Road.

The internal roadway is to be sealed for a minimum distance of 50metres from the property boundary, so as to reduce the possibility ofsilt being carried onto the sealed carriageway of Newman Road byvehicles leaving the property.

The applicant subsequently amended the site plan in the application to includethe above requirements.


5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Section 38(2)(a) of the Development Act (1993) and Zone PDC 72 requiring formalpublic notification. Two (2) representations in opposition to the proposal were received.Both were from adjacent property owners.


The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

RJ and MJ Hennig 31 Five Lanes Road,Charleston

Appearing Personally

Paula Kulas and KevinTinkler

190 Newman Road,Charleston

Appearing Personally

The applicant Mr Steve Harris and his representative – Mr David Eastham may be inattendance.

The issues contained in the representations can be briefly summarised as follows: The need for an EPA license to be obtained Noise impacts from machinery and vehicles Dust impacts from vehicles Traffic safety impacts on adjacent roads Concern regarding water usage Concerns regarding the ability to appropriately manage waste disposal Impacts on adjacent heritage places General impacts on amenity of the area Issues with existing spray drift from vineyards Proposal adds to already oversupply of wineries in the Adelaide Hills Concerns regarding accuracy of application documentation

These issues are discussed in detail in the following sections of the report.

In response to the matters raised (and also discussions with Council staff), the applicantproduced an amended plan which:

- Shifted the location of the proposed woodlot from the south-eastern corner tocentrally near the southern boundary (behind the existing house) so as toincrease setbacks of the woodlot to the nearest dwelling (east of the site).

- Now proposes that the existing roadway be sealed the entire distance up to thewinery so as to minimise the potential for dust impacts as well as generallyincreasing safety of truck movements.

An independent noise study/report was also commissioned to assess potential noiseemissions which concluded that noise levels would not exceed EPA guidelines to nearestsensitive receptors. In addition the applicant provided the following responses:

an application has been made for an EPA license the proposed winery incorporates a number of design features to minimise noise

impacts there should be no increase in traffic noise as existing trucks leaving the site to

transport grapes would be replaced by a lesser number of trucks transportingfinished wine product instead

the Roadway is to be sealed and only limited staff numbers required thereforedust should be minimal

the driveway and entrance has been designed in accordance with Councilrecommendations and vehicles from the new winery should not create any safetyimpacts compared to the current situation

the winery will use rainwater only and calculations regarding proposed usagehave been generous


the winery is small scale and all wastewater design and proposed operation areto accord with EPA standards, therefore wastewater is to be managedappropriately

processing waste such as marc is to be spread evenly over vineyards and will notbe stored for extended periods, meeting EPA standards

the winery is to be located a significant distance from adjacent dwellings and hasbeen sensitively designed to minimise visual impacts

previous spray drift problems by a different landowner have since been corrected the documentation is correct.

Copies of the submissions are included as Attachment 7 and the applicant’s responseto these is provided in Attachment 8.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe subject land is approximately 46 hectares in area and is rectangular inshape with dimensions of approximately 840m long by 550m wide. It hasfrontage to Newman Road. The topography is moderately undulating butgenerally rises approximately 60m from Newman Road up to the southernboundary. A dwelling and outbuildings are located near the southern boundaryat a higher point in the land, which is occupied by the landowner and family.

Two watercourses dissect the land, which run through a dam adjacent theentrance to the site. Another dam is located near the south-eastern corner.The site is developed almost entirely with vineyards aside from some nativevegetation in the south-eastern corner.

A long rubble driveway runs from the entrance in the north-western corner,centrally through the land up to the dwelling adjacent the southern boundary.

ii. The Surrounding AreaThe locality features a mix of viticulture, horticulture, rural and rural living uses.Allotments are generally large in excess of 30 hectares with the exception ofsome rural living allotments along Newman road adjacent the northern end ofthe subject site.

The land is generally void of native vegetation having been cleared for primaryproduction purposes, except for land to the south of the site. This land to thesouth also has considerably steeper topography than the site and land to thewest, north and east of the site.


iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Onkaparinga Valley Policy Area of theWatershed (Primary Production) Zone and these provisions seek the retentionof the existing rural character by ensuring the continuation of farming andhorticultural activities and excluding rural living or other uses which wouldrequire division of land into smaller holdings.

The following are considered to be the relevant Policy Area provisions:

Objective - 1

Refer to Attachment 9 for the relevant Policy Area provisions.

The application is considered to be generally in accordance with Objective 1.

The subject land lies within the Watershed (Primary Production) Zone andthese provisions seek:

the maintenance and enhancement of the natural resources of thesouth Mount Lofty Ranges

the enhancement of the Mount Lofty Ranges Watershed as a sourceof high quality water.

the long-term sustainability of rural production in the south MountLofty Ranges

the preservation and restoration of remnant native vegetation in thesouth Mount Lofty Ranges

the enhancement of the amenity and landscape of the south MountLofty Ranges for the enjoyment of residents and visitors.

The following are considered to be the relevant Zone provisions:

Objectives: 1-5PDCs: 1, 2, 3, 4, 9, 10, 11, 14, 15, 16, 17, 29, 30, 31, 32, 35, 36, 37, 39,

51, 54, 55, 56, 57, 58, 59, 60 and 70

Refer to Attachment 10 for the relevant Zone provisions.

Accordance with Zone

Wineries are generally envisaged within the Zone subject to a number ofdetailed design policies. These are discussed further below and the applicationaccords with all relevant design criteria.

Although the winery may not be ‘rural production’ it directly supports this viaprocessing grapes grown on the land and from elsewhere. It should directlyassist in the long-term sustainability of rural production in the South MountLofty Ranges, and due to the limited footprint of the building and surroundinginfrastructure, will only result in negligible loss of primary production land onthe subject allotment.


The application has been designed with all relevant features to ensure waterresources are not impacted. The EPA has assessed the proposal and directedit may be approved from an environmental perspective.

The proposed buildings should not adversely impact the landscape values ofthe locality to any significant degree.

The application is therefore considered to accord with Objectives 1 to 5 of theZone.

Appearance of Land and Buildings

The application is considered to have been sensitively designed to blend inwith the rural locality. The use of Woodland Grey Colorbond© Cladding for thewinery building and tanks is considered an appropriate, non-reflective colourthat should blend in with the landscape.

The winery is not to be located on a ridgeline and will be significantly cut intothe site approximately 5.5m. As such the top of the walls of the buildings willbe approximately in line with natural ground level, with only mainly the roofbeing above natural ground level.

The winery is to be centrally located within vineyards on a very large allotment.It is to be located some 500m from Newman Road and approximately 250mfrom side and rear boundaries. As such, the winery should not have anysignificant impacts on the locality.

The winery should be generally in accordance with Objective 5 and PDCs 2, 3,11 and 39.

Winery Policies

The proposed winery:

is to be located on the same allotment as a vineyard and thereforeaccords with PDC 51

would have a maximum crush of 200 tonnes per annum, well below2500 tonnes as outlined in PDC 54. The winery is considered to havebeen sensitively designed so as to minimise any impacts on thelandscape, infrastructure and services

would be located within the boundary of a single allotment and be theonly winery on that allotment, therefore according with PDC 55

wine-making, storage and packaging is to be housed within enclosedbuildings therefore according with PDC 56. No bottling is proposed onthe site

is to be at least 100m to the nearest dam, and further to the nearestbore or well. It would located on land not exceeding 1 in 5 slope andnot be located within an area subject to a 100 year flood event. Thewinery incorporates a spill retention basin. The application thereforeaccords with PDC 57. The design of the spill retention basin accordswith PDC 58

would be connected to an approved on-site wastewater controlsystem. The irrigation field (woodlot) is well away from watercourses


and downslope from adjoining properties. The application thereforeaccords with PDC 59. The irrigation field location was amended duringthe application to increase distances from nearest dwellings. Thewinery would also be subject to ongoing EPA license requirementsand monitoring, and

would have waste water tanks which accord with PDC 60.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development- minimisation of pollution risk- safe and convenient vehicle movements- minimisation of the impacts of conflicting land uses- preservation of scenic landscape values and ensuring buildings do not

create adverse visual impacts in rural areas.

The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 8, 14, 18, 20, 21, 68, 77, 87, 88, 90, 103, 104, 105, 106, 107,119, 120, 122, 123, 124, 127-130PDCs: 2, 3, 7, 9, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24, 25, 41, 42, 43, 44, 46,48, 49, 50, 54, 58, 59, 60, 201, 202, 203, 204, 211, 212, 215, 216, 227, 228,229, 230, 231, 232, 233, 234, 244, 247, 248, 295, 297, 298, 299, 306, 365,366, 367, 368, 369, 371, 372, 379, 380, 381

Refer to Attachment 11 for the relevant Council Wide provisions.

Form and Appearance of Development

Although the proposed excavation of 5.5m depth will exceed the 1.5mguideline in PDC 7(a), it is noted that this PDC applies to both filling andexcavation. To create a flat site for the buildings and manoeuvring areas, it isconsidered more preferable to excavate the land rather than fill, as thissignificantly reduces the height of the finished building in relation to naturalground, thus reducing potential visual impacts compared to if the land were tobe filled. By excavating the land this would also mean that the site is potentiallymore stable and less prone to landslip and other issues than if fill were to beused, thereby according with PDC 4.

Given the nature of a winery and its operations it would probably be impracticalto opt for a split level design to reduce earthworks as this would likely createdifficulties in operating vehicles and shifting products and machinery throughdifferent parts of the winery. Wineries fundamentally also require relativelylarge buildings with raised roofing to enable space for large equipment andlarge vehicles. In this respect it is unavoidable that significant earthworks arerequired to create a flat site for the winery. It is however considered that theproposed winery has been designed to balance the reduction of overallbuilding height whilst minimising the visual impacts of the earthworks as muchas possible. It is therefore generally in accordance with the intent of PDCs 7,228, 229 and 230.


The proposed building is considered to be simple in design and the claddingfor the walls, roof and the water tanks should generally blend in with thelocality and be non-reflective. The proposal is therefore considered to accordwith Objectives 87, 88 and 90 and PDCs 13(g), 22, 23, 227, 232, 233, 234,244 and 248.

The application is well setback from all boundaries thus meeting PDCs 24 and25.

Compatibility with surrounding land

The winery site would have significant setbacks to surrounding properties. Thenearest dwelling (aside from the dwelling on the subject land) would beapproximately 480m from the winery building.

The proposed effluent irrigation woodlot location was shifted during theapplication process so as to increase the separation distance from nearestdwellings. It is now proposed to be approximately 500m from the nearestdwelling to the east of the site, easily according with the EPA 300m guideline.

The application was also amended to specify that the entire roadway fromNewman Road to the winery building, is to be sealed. The access point is alsoto be widened and the verge on the northern side of Newman Road is to bewidened, sealed and tapered so as to enable appropriate access and egressfor trucks to and from the winery.

An environmental noise assessment report was commissioned to investigatethe potential noise levels for the proposed winery and whether these wouldlikely meet relevant EPA guidelines for noise transmission to surroundingproperties. The report found that even under worst case scenario conditions,potential noise transmission from the proposed winery would meet relevantEPA guidelines.

Given all of the above, it is considered that the proposal generally accords withObjective 1 and PDCs 2, 3, 9 and 13.

Outdoor Advertisements

None proposed in the application.

Stormwater Management & Water Supply

Two 150kL rainwater tanks and one 76,000 litre fire fighting tank areproposed, totalling 376,000 litres of storage to collect rainwater from the roofof the building. This water is to be re-used for the winery operation. Anyoverflow is to be directed to the vineyard for irrigation. The proposal hassignificant rainwater storage and accords with Objectives 122, 124, 127, 128,129 and 130 and PDCs 12, 15, 295, 366, 367, 368, 369, 371 and 372.

Effluent and Solid Waste Disposal


No mains sewer exists in the locality. The proposed winery is to be connectedto an on-site wastewater control system which has received approval from therelevant department of Council.

The wet areas of the winery will contain drains falling to sumps with baskets tocatch solid materials such as stalks and skins. The winery wastewater will bedirected to tanks to the east of the building which are appropriately bunded tocater for potential emergency storage.

The treated wastewater will then be irrigated to a proposed woodlot to beestablished 10m from the southern end of the property (south of the existinghouse) in an L-shape with a total area of approximately 6100m2. The woodlotwould be a combination of gum and Casuarina cunninghamiana trees.

The stems and stalks from winemaking would be returned directly back onto thevineyards as mulch, while the skins and seeds (grape marc) will be temporarilystored in a concrete lined bin at the eastern end of the building which would bedrained to the winery waste buffer tank. The grape marc would be eithertransported off site for disposal to the nearest licensed waste disposal facility, orbe spread about the vineyard as mulch following decomposition.

The EPA and Council Health department have assessed the proposed solidwaste and wastewater system/irrigation arrangements and are satisfied itmeets the relevant standards.

The application is therefore considered to address Objectives 103, 103, 105,119, 120, 122, 123, 124 and 128 and PDCs 19, 20, 21, 215, 216, 231, 297,298, 379, 380 and 381.

Transportation issues

Trucks would access the winery via the sealed roadway then loop through thewinery building back on to the roadway in a forwards direction. Six staff carparks are proposed north of the shedding.

On advice from Council engineers, the existing entrance to the property is tobe widened to 12m. In addition, the northern side of Newman Road (oppositethe entrance) is to be widened with bitumen for a distance of 30m either sideof the entrance to cater for manoeuvring of trucks into and out of the site.

It is considered that any increase in heavy vehicle movements arising from theproposal would likely not be significant compared to the current situation. Asapproximately half the grapes for the winery are intended to be sourced fromthe subject land, this will therefore theoretically halve the current truckmovements from the vineyard operation, which would then compensate for alarge proportion of expected new truck movements associated with the winery.

Sufficient car parking (5 parks) is proposed in front of the winery building forstaff, with plenty of room around the winery site for any additional parking thatcould be required from time to time.

Given all the above, it is considered that the proposal adequately addressesObjectives 14, 20, 21 and PDCs 41, 42, 43, 44, 46, 48, 49, 50, 54, 58, 59, 60and 247.


Fire Protection issues

The winery design includes appropriate manoeuvring areas and a largededicated fire fighting water supply with necessary fittings and equipment. Thesite is not located near vegetation, aside from the vineyards.

The application is generally in accordance with Objectives 106, 107 and PDCs299 and 306.

Vegetation & Land Management

The application should not negatively impact on native vegetation and indeedproposes a significant new woodlot.

The application accords with Objective 77 and PDCs 201, 202, 203, 204, 211,212 and 365.

7. SUMMARY & CONCLUSIONThe proposal is considered to have been sensitively designed and accords with the vastmajority of relevant provisions relating to wineries in the Development Plan. The proposalhas significant setbacks from surrounding land uses and should not adversely impact thelocality to any significant degree.The EPA has assessed the potential for environmental impacts and is generally satisfiedthat the proposal is acceptable subject to directed conditions (noting that the land useshall also be subject to an EPA license with ongoing requirements, if this developmentapplication is approved).The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommends that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 13/488/473 by K Sirrah Pty Ltd for a winery inassociation with existing vineyard (maximum annual crushing capacity 200tonnes), two 150kL water storage tanks, wastewater tanks, retaining walls(maximum height 5.5m) and associated earthworks at 196 Newman Road,Charleston subject to the following conditions:


(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Amended Site Plan by Eastham Winery Construction and Maintenance,

Drawing No.KS006, Revision 6, Sheet 1 of 4, dated 14 May 2014 anddate stamped as received by Council 27 June 2014

- Environmental Noise Assessment by Sonus Pty Ltd (S4394C2) dated 24June 2014 and date stamped as received by Council 27 Jun 2014

- Amended Planning Report from Mr D Eastham dated 7 March 2014 anddate stamped as received by Council 11 Mar 2014

- Amended General Plan View and Layout Plan by Eastham WineryConstruction and Maintenance, Drawing No.KS006, Sheet 2 of 4, datestamped as received by Council 11 Mar 2014

- Amended Elevations Plan by Eastham Winery Construction andMaintenance, Drawing No.KS006, Sheet 3 of 4, date stamped asreceived by Council 11 Mar 2014

- Amended Floor Plan and Winery Waste Layout Plan by Eastham WineryConstruction and Maintenance, Drawing No.KS006, Sheet 4 of 4, datestamped as received by Council 11 Mar 2014

REASON:To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) Commercial Access PointsThe vehicle access point(s) and cross-over shall be constructed at amaximum width of 12 metres with splays. Any existing crossing places notproviding vehicle access shall be considered redundant and shall be closedoff.

REASON: For safe and convenient movement of vehicles.

(3) Sealing Of Vehicle AccessThe vehicle and cross-over shall be sealed in Hot mix bitumen, concrete,brick paving or similar material, from the edge of the sealed carriageway ofNewman Road to the property boundary.

NOTE: The access shall be constructed to ensure no construction materialsare deposited onto the carriageway of Newman Road.

REASON: To maintain safe and convenient movement of vehicles.

(4) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of the locality.


(5) External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: Colorbond Woodland Grey© or similarROOF: Colorbond Woodland Grey© or similarTANKS: Colorbond Woodland Grey© or similar

REASON: The external materials of buildings should have surfaces whichare of a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.

(6) Carparking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Vehicle manoeuvring and parking areas shall be constructed of compactedgravel prior to occupation and maintained in good condition at all times tothe reasonable satisfaction of the Council

REASON: To provide adequate, safe and efficient off-street parking forusers of the development.

(7) Unloading And Storage Of Materials And GoodsAll materials and goods shall at all times be loaded and unloaded within theconfines of the subject land. Materials and goods shall not be stored onthe land in areas delineated for use as car parking.

REASON: To provide safe and efficient movement of people and goods.

(8) Car parking Spaces For Persons With A DisabilityOne car park shall be designated as a space for people with a disability anddesigned in accordance with Australian Standard 2890.1:2004.

REASON: To provide adequate, safe and efficient off-street parking forusers of the development

(9) Soil Erosion ControlPrior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed andsecured below areas of excavation and fill to prevent soil moving off thesite during periods of rainfall.

REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.

(10) Provision Of Drainage ChannelsDrainage channels are to be provided above and below the cut and fill areato minimise water entry.



(11) Timeframe For Landscaping To Be PlantedLandscaping detailed in the Site Plan shall be planted in the plantingseason following development approval and maintained in good health andcondition at all times. Any such vegetation shall be replaced if and when itdies or becomes seriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality inwhich the subject land is situated and ensure the survival and maintenanceof the vegetation.

(12) Overflow From Rainwater TanksTo prevent erosion, overflow from rainwater tanks shall be treated on siteto the satisfaction of Council via directing it to the adjacent watercourse.

REASON: To minimise erosion and protect the environment and ensurethat no ponding of stormwater resulting from development occurs onadjacent sites.

Conditions Directed by the Environment Protection Authority

(13) Dust PreventionDust from excavation and construction activities must be controlled andminimised through implementation of dust suppression measures,including watering and screening where required.

(14) Waste ManagementAll marc, settled solids and sludge must be collected and deposited on anarea with an impervious base with any leachate being directed to thewastewater management system.

(15) BundingThe bunding must provide for 120% of the capacity of the largest vesselwithin the bund and must be established prior to operation.Note: EPA Guideline – Bunding and Spill Management will assist withappropriate design and management of bunded areas:http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_bunding.pdf

(16) Noise minimisationThe following work practices and acoustic treatments specified in theSonus Environmental Noise Assessment S4394C2 and dated 24 June 2014must be implemented:i. Onsite truck movements and winery activities shall only occur

between 7am and 10pm (The exception to this is the operation ofrefrigeration equipment which may be required to operate at anytime).

ii. Crushing, pressing, loading and unloading activities must only occurinside the winery building.


iii. Construction of the winery building walls (other than the roller doors,personal access doors, roof air vents and roof must be of thermalinsulation sandwiched between two layers of sheet steel.

iv. Broadband noise reversing alarms must be used on mobile equipmentwherever possible, in lieu of tonal reversing alarms, to reduce off sitenoise impacts.

v. Forklift trucks must be gas powered.vi. Vehicles engines must be turned off whilst being loaded and

unloaded.

NOTES(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal has beencommenced the date on which it is determined, whichever is later).Building Rules Consent must be applied for prior to the expiry of the DPC,or a fresh development application will be required. The twelve (12) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should be directedto the Native Vegetation Council Secretariat on 8303 9777. This must besought prior to Full Development Approval being granted by Council.

(4) Works On BoundaryThe development herein approved involves work in close proximity to theboundary. The onus of ensuring development is in the approved positionon the correct allotment is the responsibility of the land owner/applicant.This may necessitate a survey being carried out by a licensed land surveyorprior to the work commencing.


(5) Water Storage TanksA water storage tank (and any supporting structure) which:a) is not part of a roof drainage system; orb) has a total floor area exceeding ten (10) square metres; orc) is not wholly above ground; ord) has a part higher than four (4) metres above the natural surface of

the ground,will require Council approval.

(6) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.

(7) Duty In Relation to NRM ActThe applicant is reminded of their duty to act reasonably in relation to themanagement of natural resources within the State, in accordance withSection 9 of the Natural Resources Management Act 2004.

(8) State Heritage UnitAny changes to the proposal as assessed by the State Heritage Unit maygive rise to heritage impacts requiring further consultation with theDepartment of Environment, Water and Natural Resources, or an additionalreferral to the Minister for Sustainability, Environment and Conservation.Such changes would include for example(a) an application to vary the Development Plan Consent, or(b) Building Rules documentation that differs from the planning

documentation

(9) Requirements Under the Heritage Places ActPlease note the following requirements under the Heritage Places Act 1993:(a) If an archaeological artefact believed to be of heritage significance isencountered during excavation works, disturbance in the vicinity shallcease and the SA Heritage Council shall be notified.(b) Where it is known in advance (or there is reasonable cause tosuspect) that significant archaeological artefacts may be encountered, apermit is required prior to commencing excavation works.

Environment Protection Authority Advisory Notes(10) EPA General Environmental Duty

The applicant is reminded of its general environmental duty, as required bySection 25 of the Environment Protection Act, to take all reasonable andpracticable measures to ensure that the activities on the whole site,including during construction, do not pollute the environment in a waywhich causes or may cause environmental harm.


(11) The applicant is reminded that wastewater to be irrigated will need to bemade fit for the intended use (i.e. fit for purpose) in accordance with theAustralian Guidelines for Water Recycling: Managing Health &Environmental Risks' (Phase 1) 2006 and irrigated onto the woodlot at arate and in a manner which is designed to maximise the use of water,soluble organic carbon and nutrients by the soil, turf or crop withoutcausing offensive odour or degradation of soil or water resources.

(12) An environmental authorisation in the form of a licence is required for theoperation of this development. The applicant is required to contact theEnvironment Protection Authority before acting on this approval toascertain licensing requirements.

(13) A licence may be refused where the applicant has failed to comply with anyconditions of development approval imposed at the direction of theEnvironment Protection Authority.

(14) A likely condition of the EPA licence would require the proponent toundertake groundwater monitoring at the irrigation site to assess anypotential impacts. This should be undertaken in accordance with the EPAGuidelines for Wineries and Distilleries (2004).http://www.epa.sa.gov.au/xstd_files/Industry/Guideline/guide_wineries.pdf

(15) A likely condition of the EPA licence would require the proponent todevelop and implement a Wastewater Irrigation Management Plan inaccordance with EPA Guideline, Wastewater Irrigation Management Plan(WIMP), a drafting guide for wastewater irrigators (2009).http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_wimp.pdf

(16) The applicant is reminded that demolition and construction must be carriedout so that it complies with the mandatory construction noise provisions ofPart 6, Division 1 of the Environment Protection (Noise) Policy 2007.Any information sheets, guidelines documents, codes of practice, technicalbulletins etc. that are referenced in this response can be accessed on thefollowing web site: http://www.epa.sa.gov.au


9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. EPA Response4. Heritage SA Response5. Waste Control System Approval6. Council Engineering Department Response7. Representations8. Applicant’s response to representations9. Relevant Development Plan Policy Area provisions10. Relevant Development Plan Zone provisions11. Relevant Development Plan Council Wide provisions

Respectfully submitted Concurrence

___________________________ _______________________________

Tom Victory Deryn AtkinsonA/ Team Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

EPA RESPONSE

ATTACHMENT 4

HERITAGE SA RESPONSE

ATTACHMENT 5

WASTE CONTROL SYSTEM APPROVAL

ATTACHMENT 6

COUNCIL ENGINEERING DEPARTMENT RESPONSE

ATTACHMENT 7

REPRESENTATIONS

ATTACHMENT 8

RESPONSE TO REPRESENTATIONS

ATTACHMENT 9

RELEVANT POLICY AREA PROVISIONS

Onkaparinga Valley Policy Area

Objective 1: The retention of the existing rural character by ensuring the continuation of farming andhorticultural activities and excluding rural living or other uses which would require division of land intosmaller holdings.

ATTACHMENT 10

RELEVANT ZONE PROVISIONS

WATERSHED (PRIMARY PRODUCTION) ZONE

OBJECTIVES

Objective 1: The maintenance and enhancement of the natural resources of the south Mount LoftyRanges.

Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of high quality water.

Objective 3: The long-term sustainability of rural production in the south Mount Lofty Ranges.

Objective 4: The preservation and restoration of remnant native vegetation in the south Mount LoftyRanges.

Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Ranges for theenjoyment of residents and visitors.

Objective 6: The development of a sustainable tourism industry with accommodation, attractions andfacilities which relate to and interpret the natural and cultural resources of the south Mount Lofty Ranges,and increase the opportunities for visitors to stay overnight.

PRINCIPLES OF DEVELOPMENT CONTROL

Form of Development1 Buildings, should be located in unobtrusive locations and, in particular, should:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located not to be visible against the skyline when viewed from public roads and especially from theMount Lofty Ranges Scenic Road;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) be sited on an excavated rather than a filled site to reduce the vertical profile of the building;(f) where possible be screened by existing native vegetation when viewed from public roads and especiallyfrom the Mount Lofty Ranges Scenic Road; and(g) maximize the retention of existing native vegetation and the protection and retention of watercourses intheir natural state.

2 Buildings should be unobtrusive and not detract from the desired natural character of the Zone and, inparticular:(a) the profile of buildings should be low and the roof lines should complement the natural form of the land;(b) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans whichcomplement the contours of the land; and(c) large eaves, verandahs and pergolas should be incorporated into designs to create shadowed areaswhich reduce the bulky appearance of buildings.

3 Buildings:(a) should have a year-round water supply and a safe and efficient effluent disposal system which will notpollute watercourses or underground water resources or be a risk to health; and(b) should have a safe, clean, tidy and unobtrusive area for the storage and disposal of refuse so that thedesired natural character of the Zone is not adversely affected.

4 Buildings and structures should not be located within 25 metres of a watercourse and buildings andstructures including chain mesh and solid fences should not be located on land subject to flooding as

shown on Figures AdHiFPA/1 to 19 or within other areas subject to flooding or inundation by a 1 in 100year average return interval flood event.

9 Driveways and access tracks should follow the contours of the land to reduce their visual impact anderosion from water run-off and be surfaced with dark materials. The excavation/filling of land should bekept to a minimum to preserve the natural form of the land and the native vegetation.

10 Native trees, shrubs and ground covers should be established to screen development, including screeslopes created as a result of the excavation and/or filling of land, in such a way that the bushfire hazard isnot increased. Screening mounds may also be appropriate.

11 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.

15 The rural character, comprising natural features and man-made activities, should be preserved bycareful siting, design and landscaping of new building development and/or intensive land uses.

16 Development should ensure that primary production activity is not prejudiced.

17 Land which is particularly suitable for primary production should be used or remain available for suchpurposes.

29 Buildings should not be located within areas of native vegetation.

30 Buildings near native vegetation should be sited only where there is an existing cleared area ofsufficient size to ensure the safety of the proposed structures from fire hazard without the need for furtherclearance.

31 No change of land use should occur in or near areas of native vegetation which are likely to adverselyimpact on the vegetation.

32 The provision of services, including power, water, effluent and waste disposal, access roads and tracksshould be effected over areas already cleared of native vegetation or, if this is not possible, cause theminimum interference or disturbance to native vegetation.

35 No development or change in land use should occur where its proximity to a swamp or wetland,whether permanently or periodically inundated, has the potential to damage or interfere with the hydrologyor water regime of the swamp or wetland.

36 Development should take place in a manner which will not interfere with the utilisation, conservation orquality of water resources and protects the natural systems that contribute to natural improvements inwater quality.

37 Trees, other vegetation and earth mounding should be retained or provided as part of the developmentwhere the environment will be visually improved by such a provision.

39 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.

Wineries and Accessory and Subordinate Activities in the Watershed

51 Wineries should be located on an allotment with a vineyard or adjacent to an allotment with a vineyard.

54 Winery development should be of a scale that does not result in:(a) detrimental impacts upon rural landscapes, infrastructure and services; or(b) the processing of grapes or grape product exceeding the equivalent of a 2500 tonne crush per annumon an allotment.

55 Winery development (including any accessory and subordinate uses) should be located within theboundary of a single allotment and there should be no more than one winery on an allotment.

56 Winery development should provide that all structures involving wine-making, wine storage, packagingand bottling are housed within enclosed buildings.

57 Wineries should be sited as follows:(a) a minimum of 300 metres from a:(i) watercourse, where a watercourse is identified as a blue line on a current series 1:50 000 Governmentstandard topographic map or where there is observed a clearly defined bed and banks and where waterflows at any time;(ii) dam (but not including an effluent dam), bore or wellother than where an associated spill retention basin(s) is constructed, in which circumstances the setbackcan be reduced to 50 metres;(b) not within areas subject to inundation by a 100-year period flood event or sited on land fill which wouldinterfere with the flow of such flood waters;(c) on land with a slope less than 20 percent (1 in 5).

58 Wineries incorporating a spill retention basin(s), for the purposes of reducing the setback to awatercourse, dam, bore or well, should site and design the basins(s):(a) on the same allotment as the winery;(b) in close proximity to the wine-making, wine storage and waste water treatment facilities;(c) to minimise the risk of spills entering a downhill:(i) watercourse, where a watercourse is identified as a blue line on a current series 1:50 000 Governmentstandard topographic map or where there is observed a clearly defined bed and banks and where waterflows at any time;(ii) dam (but not including an effluent dam), bore or well(d) to capture at least 120 percent of the aggregate volume of juice, wine, brine and un-treated wastewater of the associated winery, which can be contained or produced at any one time during the peak ofvintage;(e) to be impervious; and(f) to minimise the interception of any natural or artificial stormwater flow.

59 Wineries involving the on-site treatment and disposal of waste water should:(a) connect to a system capable of treating the winery waste water to a biological oxygen demand (BOD)of less than 100 mg/litre before it is stored in the open for more than 48 hours;(b) dispose the treated winery waste water to a suitable irrigation field; and(c) mound the irrigation field in a manner that would direct excess effluent runoff to a spill retentionbasin(s) and minimise the potential for treated waste water to enter:(i) an adjacent allotment;(ii) public land;(iii) a watercourse, where a watercourse is identified as a blue line on a current series 1:50 000Government standard topographic map or where there is observed a clearly defined bed and banks andwhere water flows at any time;(iv) a dam (but not including an effluent dam), bore or well.

60 Winery waste water holding tanks should:(a) have a total storage capacity of more than four days total flow during the peak of vintage; and(b) be contained within an impervious, bunded area having a total liquid holding capacity of more than 120percent of the total holding tank capacity.

ATTACHMENT 11

RELEVANT COUNCIL WIDE PROVISIONS

Objectives

Objective 1: Orderly and economic development.

Objective 8: Provision for increased employment opportunities.

Objective 14: A compatible arrangement between land uses and the transport system which will:(a) ensure minimal noise and air pollution;(b) protect amenity of existing and future land uses;(c) provide adequate access;(d) ensure maximum safety; and(e) protect roadside vegetation.

Objective 18: Development of scenic drives.

Objective 20: The safe and efficient movement of people and goods.

Objective 21: The free flow of traffic on roads by minimizing interference from adjoining development.

Objective 68: The conservation, preservation, or enhancement, of scenically attractive areas, including landadjoining water or scenic routes.

Objective 77: The conservation and preservation of the rural character, scenic amenity and bushland of thearea.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings and objects.

Objective 88: Buildings or structures unobtrusively sited and of a character and design which blends naturallywith the landscape.

Objective 90: Development in urban and rural areas in keeping with appearance and character of thoseareas.

Objective 103:Protection of watersheds from pollution.

Objective 104:The protection of the Mount Lofty Ranges Watershed against pollution and contamination.

Objective 105:The prevention of development which could lead to a deterioration in the quality of surfaceor underground waters within the Mount Lofty Ranges Watershed.

Objective 106:Development should minimise the threat and impact of bushfires on life and property whileprotecting the natural and rural character.

Objective 107:Buildings and the intensification of non-rural land uses directed away from areas of highbushfire risk.

Objective 119: Protection of the quality and quantity of South Australia’s surface waters (inland, marineand estuarine) and underground waters.

Objective 120:Development designed, located and managed to prevent or minimise the generation ofwaste (including wastewater) by applying the following waste management hierarchy in the priority ordershown below:

(a) avoiding waste production;(b) minimising waste production;(c) reusing and recycling waste;(d) recovering part of the waste for re-use;(e) treating waste to reduce potentially degrading impacts; and(f) disposing of waste in an environmentally sound manner.

Objective 122: Development which:(a) ensures surface run-off promotes the restoration of natural flow regimes;(b) prevents soil erosion and water pollution;(c) protects stormwater from pollution sources;(d) protects environmental flows required to meet the needs of the natural environment;(e) protects water quality and riparian zones8 by providing adequate separation distances fromwatercourses9, and other water bodies;(f) protects water quality from problems associated with salinity;(g) maintains natural hydrological systems and existing indigenous vegetation;(h) maintains natural water storage capacity whether temporary or permanent; and(i) protects aquifers10, particularly recharge zones and their dependent ecosystems11.

Objective 123:Development designed and located to protect or enhance the environmental values12 ofreceiving waters.

Objective 124: Watercourses, wetlands and floodplains13 protected against:(a) pollution;(b) erosion;(c) habitat destruction;(d) diversion of, or obstruction to natural stream flow; and(e) activities that compromise water quality and ecosystem health.

Objective 127: Integrated stormwater management at the catchment level, drainage system level and sitelevel including incorporation of water sensitive design15 in all development.

Objective 128:Storage and/or use of water including treated wastewater and/or imported water16 whichavoids adverse impact on public health, water, soil and their dependent ecosystems.

Objective 129:Design of buildings and places to manage, protect and conserve the urban water cyclethrough features to retain, detain and re-use stormwater on-site.

Objective 130:Provision of environmental flows to maintain and restore key ecological processes andspecies dependent on the flow regime of a watercourse.


2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that land having regardto the location and condition of that land and the objectives for the zone in which it is located.

7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve the natural form of theland and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or to construct waterstorage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped to preserve and enhancethe natural character or assist in the re-establishment of the natural character.

9 Development should not take place in a manner which will interfere with the effective use of other land inthe locality and which will not prevent the attainment of the objectives for that other land.

12 In the absence of a reticulated or indirect water supply, development should have an independent watersupply of a nature, design, quality and capacity that can be demonstrated as suitable for meeting theongoing requirements of the development, particularly for domestic, livestock, and fire protection purposes.

13 Development should not detrimentally affect the character or amenity of its locality or cause nuisance tothe community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, wastewater, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal where required;or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.

15 Development should not be undertaken if the construction, operation and/or management of suchdevelopment is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

18 Development should not be undertaken where the overall natural slope of the allotment is greater than1 in 4.

19 Septic tanks should:(a) not be installed where effluent is likely to lead to pollution of surface or underground water;(b) be installed on allotments large enough to allow disposal of effluent within the allotment boundaries;and(c) be located so as to permit the most effective (in accord with SA Water and South Australian HealthCommission standards) disposal of effluent within the allotment, notwithstanding other design and sitingprinciples.

20 Effluent and other waste materials from development should be capable of being treated and disposedof without risk to health, or impairment to amenity.

21 Activities which produce large amounts of waste water should not be established unless they can beconnected to an approved sewerage or common effluent scheme.

22 Buildings should be clad in materials which are non-reflective and which do not detract from theamenity and character of the locality by reason of unsightly appearance.

23 Buildings should be deeply set-back from the road frontage to enable retention of the beauty andwooded character of the locality.

41 The construction of access ways onto public roads should:(a) not interfere with or restrict drainage channels or watercourses; and(b) be in a safe and convenient location.

42 Road construction should be designed to blend with the landscape and be in sympathy with the terrain.

43 Development and associated points of access and egress should not cause interference with the freeflow of traffic on adjoining roads.

44 Development should include appropriate provision on the site to enable parking (including bicycles),loading, unloading, turning and fuelling of vehicles, and be in accordance with Table AdHi/4 DevelopmentGuidelines.

46 Development should not generate pedestrian or vehicular traffic onto or across an arterial road as toimpair the movement of traffic on that road or to cause safety hazards.

48 Where traffic control works, public works or facilities are required as a direct result of a development,the cost of such works or facilities should be borne by the developer.49 Development should provide safe and convenient access for private cars, cyclists, pedestrians, servicevehicles, emergency vehicles and public utility vehicles, and be consistent with the concept plan forrelevant centres.

50 Development should be located to minimize conflict between through-traffic and traffic entering and exitingcar parks.

54 Access points onto public roads should be located and designed in such a way as to minimize traffichazards, queuing on public roads and intrusion into adjacent residential areas.

58 Development should include adequate, safe and convenient off-street car parking that does not interferewith the safety and convenience of traffic on any road or thoroughfare.

59 Development should provide off-street vehicle parking and specifically marked disabled car parkingplaces to meet anticipated demand in accordance with Table AdHi/4 Car Parking Provisions.

60 Development should be consistent with Australian Standard AS2890 Parking Facilities.

201 Development should be undertaken with the minimum effect on natural features, land adjoining wateror scenic routes or scenically attractive areas.

202 Natural vegetation should be preserved and replanting should take place.

203 Development should not impair the character or nature of buildings or sites of architectural, historicalor scientific interest or sites of natural beauty.

204 The rural character, scenic amenity and bushland of the south Mount Lofty Ranges should beconserved and enhanced.

211 Remnants of bushland should be preserved.

212 Development should conserve fauna and flora.

215 The treatment and disposal of effluent and any other waste material should be achieved without risk tohealth and without pollution of any water resource.

216 Important natural resources including watercourses and water catchment areas, scenic areas andsignificant flora and fauna areas should be conserved and protected from development which would affectthem adversely.

227 Development should take place in a manner which will not visually interfere with the achievement ofthe objective for an area or, otherwise the existing character of scenically or environmentally importantareas, or areas which are prominently visible from other land or which are frequented by the public.

228 Development should take place in a manner which will minimize alteration to the existing land form.

229 Excavation and earthworks should take place in a manner that is not extensively visible fromsurrounding localities.

230 The appearance of land, buildings and objects should not impair the amenity of the locality in whichthey are situated.

231 Facilities for the storage and removal of waste materials should not be obtrusive or have an untidyappearance when viewed from adjoining roads or allotments.

232 Buildings should be sited unobtrusively and be of a character and design which will blend naturally withthe landscape.

233 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges.

234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape and minimize anyvisual intrusion.

244 Development should be compatible with the character of existing buildings in the locality, and exhibit ahigh standard of design and external appearance, which takes into account the scale, mass and siting ofbuildings, the materials to be used (including their texture and colour), and elements of building detail.

247 Driveways and access roads to development should be designed to blend sympathetically with thelandscape and with minimal interference with natural vegetation and landform.

248 The erection, alteration or conversion of any building should be undertaken only if it complements orenhances the scale, character and design of development in the locality and the siting of buildings onadjoining allotments.

295 Development within the Mount Lofty Ranges should be compatible with its use as a water catchmentand storage area, and with its values as an area of primary production and scenic quality.

297 Activities which produce strong organic, chemical, or other intractable wastes, should not beestablished (other than wineries, where the risk to water supply is negligible with appropriate management,design and siting).

298 Development should minimise the risk of pollution of water catchment areas.

299 Buildings and structures should be located away from areas that pose an unacceptable bushfire riskas a result of one or more of the following:(a) vegetation cover comprising trees and/or shrubs;(b) poor access;(c) rugged terrain;(d) inability to provide an adequate building protection zone; or(e) inability to provide an adequate supply of water for fire-fighting purposes.

306 Development in a Bushfire Protection Area should be in accordance with those provisions of the Minister’s Code:Undertaking development in Bushfire Protection Areas that are designated as mandatory for Development Plan Consentpurposes.

365 Native vegetation should not be removed where it is likely to:(a) cause or exacerbate erosion or sedimentation;(b) contribute to the deterioration in the quality of water in a watercourse or surface water run-off;(c) contribute to an increase the incidence or intensity of flooding;(d) displace native fauna dependent on the habitat it provides;(e) affect threatened species and ecological communities;(f) create, or contribute to, a local or regional soil salinity problem.

Stormwater Management

366 Stormwater management systems should be designed and located to:(a) improve the quality of receiving waters;(b) protect existing native vegetation;(c) prevent erosion;(d) protect receiving waters from high levels of flow; and(e) avoid adverse impacts on built structures.

367 Stormwater systems should be designed with structures to minimise the entry of pollutants such assediment, pesticides and herbicides, bacteria, animal wastes and oil and grease into receiving waters.

368 Development should prevent the discharge or deposit of waste (including wastewater) into any watersor onto land in a place from which it is reasonably likely to enter any waters (including by processes suchas seepage or infiltration or carriage by wind, rain, sea spray, or stormwater or by the rising of the watertable).

369 The rate and duration of stormwater discharged into a watercourse should be managed by:(a) retention for reuse ; and/or(b) use of detention mechanisms and/or detention in a detention basin.

371 Development design and construction should:(a) incorporate water sensitive design measures to manage, protect and conserve water through featuresto retain, detain and, re-use water on-site;(b) maximise the potential for stormwater harvesting; and(c) incorporate detention measures to minimise any concentrated stormwater discharge from the site.

372 Development should incorporate stormwater management techniques to contain the quantity, velocity,variability and quality of run-off to as near pre-development levels as practical, by means of but not limitedto:(a) directing roof stormwater overflow from rainwater tanks to soakage trenches or to retention/overflowwells or sumps where large roof catchments are involved;(b) utilising grassed swales or natural drainage lines to accommodate the major flows from the landdevelopment; and(c) incorporating stormwater systems designed to prevent entry of pollutants such as sediment, pesticidesand herbicides, bacteria, animal wastes and oil, grease and waste water from vehicle cleaning processes,air conditioners and fire protection services pipework testing into receiving water.

379 The use of treated wastewater should not result in:(a) adverse impacts on public health;(b) environmental nuisance or harm; or(c) adverse impacts on the amenity of a locality.

380 Use of treated wastewater or imported water should not:(a) cause a rise in groundwater level sufficient to detrimentally affect structures or ecosystems;(b) adversely affect the natural flow of water or the quality of surface or groundwater; or(c) adversely affect the productive capacity of the land by causing nutrient accumulation, heavy metalcontamination or increasing salinity, water logging, perched water tables, unlocking toxic elements in thesoil or other such impacts.

381 Development involving or requiring storage of chemicals or other materials should incorporate suitablecover, bunding, storage, security and other measures necessary to prevent:(a) polluted water discharge from the site;(b) contamination of land;(c) dispersal of litter or other materials or substances; and(d) airborne migration of pollutants.



Applicant: Ashton Co-Operative SocietyLtd

Landowner: Ashton Co-Operative SocietyLtd

Agent: N/A Ward: Marble HillDevelopment Application: 12/639/473 Originating Officer: Tom Victory

Application Description: Filling of land (non-complying)

Subject Land: Lot:11 Sec: P18DP:18986 CT:5086/941Lot:2 Sec: P18 FP:3888 CT:6034/235

General Location: 69-75 Woods Hill Road,Ashton SA 5137

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 12April 2012Map AdHi/15

Zone/Policy Area: Hills Face Zone

Form of Development:Non-complying

Site Area: 5 hectares

Public Notice Category: Category 3Merit - no building rules required

Notice published in The Advertiser on 28Nov 2014

Representations Received: 1

Representations to be Heard: 1

1. EXECUTIVE SUMMARYThe purpose of this application for the filling of land at the rear of the Ashton Co-Operative Society buildings at Ashton. The proposal is almost entirely retrospectivehowever some additional work is also proposed so as to complete the filled area and re-profile it down to the natural ground so the batter slope will be reduced in gradient.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. One representation in opposition to the proposal was received during theCategory 3 public notification period.

The proposal is considered to be generally in accordance with the Hills Face Zone, andwith recommended conditions in place regarding planting out of the batter slope andscreening landscaping, the visual impacts of the filled area should not be significant onadjacent properties.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issues relating to the proposal are visual impacts and stability of the filled area.

Following an assessment against the relevant Zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions and a reserved matter being completed.

Council Development Assessment Panel Meeting – 3 February 2015Ashton Co-operative Society Pty Ltd12/639/473

2. DESCRIPTION OF THE PROPOSALThe proposal is mostly retrospective and is for the following:

To fill the land adjacent and to the rear of the existing buildings and cold store, so asto form an all-weather hard stand access to the rear of the buildings. It is intended toallow better access for large vehicles and emergency access to the rear of thebuildings.

It has been estimated that approximately 1845 cubic metres of fill has been placed onthe site over a period of a number of years. The application seeks approval for theexisting fill and also an additional (approximate 238 cubic metres) of fill to be added tothe batter slope so as to decrease the gradient of this slope down to natural ground.This proposed fill is coloured red on the site plan and cross section in Attachment 2.

It is evident from statements by the applicant that the fill is comprised of top soilremoved from local construction sites which was then covered with crushed bricksand compacted down with heavy machinery. It is also apparent that materials relatedto Council road rehabilitation processes may have been deposited by Council underthe permission of the Co-op, in relation to the activities of the former Council worksdepot (immediately west). There is no evidence that any potential contaminatingmaterials have been deposited.

The applicant proposes through the application to plant small to medium plantings ofnative vegetation and native grasses.

The maximum height of the fill is estimated to be approximately 4.5m above naturalground level.


3. HISTORYOn 12 July 2012, Council issued a notice to the Ashton Co-operative Society underSection 84 of the Development Act, 1993 that it believed that the filling of land exceedinga volume of 9 cubic metres had been undertaken without first obtaining DevelopmentApproval. The notice has since been suspended pending the outcome of thisDevelopment Application.

It is apparent from documentation provided by the applicant that the original intention(before the enforcement notice was issued) was that all batter slopes were to be furtherfilled to decrease the gradient and allow tractor/slasher access and for screening trees tobe planted along the top of the batter slopes.

Although not directly related to this matter, it is noted that a land swap has previouslyoccurred between one of the Ashton Co-op allotments and the allotment immediatelywest of the site (now owned by the representor). The land swap arose from anencroachment of the Ashton Co-op’s septic tanks on to the allotment immediately west(which was the former Council depot site). As a result, it was agreed between theprevious landowner (Council) and the Ashton Co-op to transfer a piece of land measuring849m2 from the Council allotment to the Co-op allotment and transferring another pieceof equal area in size from the Co-op allotment to the Council allotment. The transferprocess occurred at the time (early 2008) at which Council was in the process of sellingthe allotment to the new owners (whom are the representors in this application).


A land division relating to the land swap has been approved and is legally in force,however is yet to be deposited at the Lands Titles Office. This explains why theallotment boundaries of the Co-op land in the Site Plan of this current application,appear different to the cadastral boundaries shown elsewhere. Importantly, the fill hasbeen placed so it is contained within the new legal allotment boundaries of the site.

4. REFERRAL RESPONSESNo referrals were required for this application.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. One representation in opposition to the application was receivedfrom the owners of the two allotments immediately west of the site (the former Councildepot land) – Ms Angela Noack and Mr Sean Lyons-Reid. The representors wish to beheard in person.

The applicant, Mr Peter Larner, General Manager at the Ashton Co-op, may be inattendance.

The issues contained in the representation can be briefly summarised as follows: Concern regarding visual impacts of the fill to their property which has views

towards the filled area Concerns regarding visual impacts of activities above the filled area not being

screened from their property The history outlined by the applicant regarding when the fill was placed is

contested. A mutually agreed extent of filled area (which arose from discussionswith the Co-op) has been exceeded.

The amount of fill is excessive for the intended purpose Suggested ways to overcome their objection would be for the hard stand area to

not extend past that previously agreed to and that it be re-profiled and planted outwith pasture to minimise visual impacts.

In response to the representation, the applicant stated:

The history of the filled area The filled area is planted out with grasses and is some 400-500m from the

neighbouring property and partially obscured by mature trees No trees were removed for the filled area to the applicant’s knowledge There is no intention to increase the hard stand area and the current tenancy for

the salvage operation (which utilises the hard stand area) will soon be expiringand the lease will not be offered to this type of business in future. The hard standarea will be cleared once the current tenancy expires.

The filled area is considered to accord with relevant Development Plan policiesand does not significantly impact on neighbouring land.

A copy of the submission is included as Attachment 3 and the applicant’s response tothis is provided in Attachment 4.

6. PLANNING & TECHNICAL CONSIDERATIONS


This application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe subject land comprises two allotments which have a total area ofapproximately 5 hectares. The filled area subject to the application is locatednorth-west of the buildings at the Ashton Co-op.

Both allotments have frontage to Woods Hill Road. The site contains a numberof significant buildings mainly being coldstores with a hardware store in thesouth-western corner of the site. A loop road runs around the perimeter of thebuildings with multiple access points to Woods Hill Road.

The subject land immediately around the perimeter of the Co-op buildings isrelatively flat. The remainder of the site (north of the buildings) is moderatelysloping land which rises up to a ridge centrally in the site then falls away to thewestern boundary approximately 10m down the western boundary andapproximately 20m down to the eastern boundary. The majority of the land isvoid of vegetation except the north-western corner and along the easternboundary which contains native vegetation.

ii. The Surrounding Area

The surrounding area is an eclectic mix of land uses such as rural living,horticulture, rural, as well as a kindergarten to the south-west. Allotments inthe locality vary in size from 1500m2 to 78 hectares. The topography variesfrom moderately to heavily sloping land. A significant native vegetation areaexists to the north-west of the site.

The site is not visible from the Adelaide Plains.

iii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Hills Face Zone and these provisions seek:

A zone in which the natural character is preserved and enhanced inorder to maintain visual amenity (particularly where viewable to theAdelaide Plains)

that vegetation is preserved that the impacts from development are minimised: that the community is not required to bear the cost of providing

services to land to prevent the loss of life and property from bushfires.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2PDC’s: 1, 2, 3, 4, 22, 23, 24


Accordance with Zone


It is important to note, that when assessing this application, it must beassessed in terms of the final finished development (as proposed in theapplication documents), not what may exist on the site today. When visualisingthe proposed finished development with the batter slope at a less steepgradient, being fully planted out and stabilised with native shrubs and grasses,it is considered that the proposal will not have any significant visual impacts.

Importantly, the site of the fill is very well hidden from most views in thelocality. It is not visible to the Adelaide Plains thus generally in accordance withObjectives 1(a) and 2(b).

It should not be readily visible from Woods Hill Road (south) as it is to the rearof a number of buildings and large gum trees, therefore according withObjective 2(b).

It should not be readily visible from land to the east and north due to the largecold store building, and native vegetation in this direction. The fill should alsosit slightly lower than topography in those directions, particularly to the east.

The fill should mainly be hidden behind gum trees from a residence to thesouth-west.

There would be some views of the fill from land to the west (the representorsproperty). Even these views would however only be from certain angles andpartially obscured behind scattered trees. Notwithstanding, the final finishedproposal should blend in reasonably well with the topography. It would seem arelatively simple exercise for mature screening trees to planted along thewestern side of the fill (between the side fence and the fill) to restrict or at leastminimise views of the fill from the property to the west (refer recommendedcondition 5).

Given all the above it is considered that the application generally accords withObjectives 1(a), 2(a),(b) and PDCs 1(b), (c) and 24.

The application will improve access for emergency vehicles (such as firetrucks) to the rear of the site thereby according with Objective 2.

A review of previous aerial photography appears to show potentially one or twotrees (probably gum trees) in and around the site of the filled area which areno longer present. The number, size, species and health of any former trees ishowever unclear. In any event the loss of any such vegetation whilstunfortunate, is not considered to be of a significant nature in the context of thesite.

It is also noted that replanting of locally indigenous vegetation is proposed inthis application on the batter slope. This will also be required viarecommended condition number 5 which would require the establishment of alandscape screening strip planted with a dense screen of mature, locallyindigenous shrubs and trees (of at least 3m in height), between the westernside of the fill and the side boundary.


Given the apparent relatively minor amount of vegetation removal, it isconsidered that the finished proposal with re-plantings in place will not be atodds with the intent of Objectives 1(a) and (b) and PDCs 2(a) and (c), 3(d) and(e), 22, 23 and 24.

Whilst there is no evidence on site to indicate instability of the fill, to beprudent it is also recommended that a reserved matter requiring a report to beprepared by a suitably qualified engineer that addresses and makesrecommendations in relation to the stability of the fill and additional compaction(if required) as well as stormwater management techniques to ensure ongoingstability of the fill.

Given the uncertainty of the non-complying process (including furtherconsideration by the Development Assessment Commission, should the panelresolve to approve the application) and the likelihood that a range ofengineering solutions are available to achieve such an outcome, it isconsidered reasonable that this information be provided by way of a reservedmatter rather than prior to determining a decision.

The proposal (particularly with the recommended reserved matter beingfulfilled) should generally accord with PDC 4.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- Preservation or enhancement of the landscape and scenically attractive

areas- Land being stable to avoid landslip, erosion, dust or other impacts- Preservation of native vegetation, in balance with reasonable and

appropriate development- Minimisation of interface conflict between land uses

The following are considered to be the relevant Council Wide provisions:

Objectives: 1, 68, 70, 71, 77, 87, 88, 91PDC’s: 2, 3, 6, 7, 9, 13, 15, 18, 201, 202, 204, 208, 211, 212, 213, 227,229, 230, 231, 234, 244,


Form of Development/Compatibility with Surrounding Land

The finished proposal should be relatively well concealed, orderly and not haveany significant impacts on surrounding land uses.

The application therefore generally accords with Objective 1 and PDCs 2, 3, 9,13, 15, 18, and 229.

Access


The proposal should allow for more appropriate vehicle movements around therear of the coldstore buildings and ancillary buildings. The cold-store operationis a long established and significant land use in the locality and it is consideredreasonable to allow an appropriate access/manoeuvring area around thebuilding, particularly for emergency vehicle access to enter and exit in aforwards direction in a convenient fashion. The filled area should assist withachieving this. The application therefore generally accords with Objective 15and PDCs 49 and 53.

Appearance of Development

Refer to previous discussion regarding appearance of the development in the‘Accordance with Zone’ section. The finished proposal should adequatelyaddress Objectives 68, 77, 87, 88 and 91 and PDCs 13, 201, 204, 227, 230,231 and 234.

Stability of the Fill

Refer to previous discussion regarding stability of the fill in the ‘Accordancewith Zone’ section. The proposal (particularly with the recommended reservedmatter being fulfilled) should generally accord with PDCs 6, 7 and 13.

Native Vegetation

Refer to previous discussion regarding vegetation removal in the ‘Accordancewith Zone’ section.

Given the apparent relatively minor amount of vegetation removal, it isconsidered that the finished proposal with re-plantings in place will notbe at odds with the intent of Objectives 70 and 71 and PDCs 15, 202, 208,211, 213 and 244.

7. SUMMARY & CONCLUSIONThe area of fill, once fully completed and planted out, should not have any significantvisual impacts to other surrounding properties and cannot be viewed from the AdelaidePlains. The completed proposal should be generally in accordance with the Hills FaceZone.The proposal can be strengthened with recommended conditions regarding planting outof the batter slope with grasses and shrubs as well as mature screening trees along thewestern boundary of the site (planted at the base of the fill) so as to minimise visualimpacts to the neighbouring property immediately west.

It is recommended that a reserved matter requiring a report prepared by a suitablyqualified engineer that addresses and makes recommendations in relation to thestability of the fill and additional compaction (if required) as well as stormwatermanagement techniques to ensure ongoing stability of the fill.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from the


Development Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2012/639/473 by Ashton Co-Operative Society Ltd for Filling of land(non-complying) at 69-75 Woods Hill Road, Ashton SA 5137 subject to thefollowing conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:Survey/Cross Section Plan by Veska and Lohmeyer date stamped asreceived by Council 2 Sep 2013Statement of Effect by Mr Peter Larner, date stamped as received byCouncil 23 Sep 2014

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) Reserved MatterPrior to the issuing of final Development Approval, pursuant to Section 33(3) of the Development Act, 1993, the following shall be submitted to thesatisfaction of the Manager, Development Services Adelaide Hills Council:A report prepared by a suitably qualified engineer that addresses andmakes recommendations in relation to the stability of the fill and anyadditional compaction or other treatments (if required) as well asstormwater management techniques to ensure stability of the fill.

REASON: To ensure the filled area is appropriately engineered to bestable.

(3) Treatment To FillThe filled area shall be:(a) rounded off and battered to match and blend with the natural contoursof the land;(b) covered with approximately 100mm of topsoil;(c) seeded to avoid erosion and visual concerns ; and(d) screened with trees, shrubs and ground coversto the reasonable satisfaction of Council.

REASON: To maintain the visual amenity of the locality in which thesubject land is located.

(4) Soil Erosion Control


Prior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed andsecured below areas of excavation and fill to prevent soil moving off thesite during periods of rainfall.


(5) Requirement For Screening PlantingsA landscape screening strip planted with a dense screen of mature, locallyindigenous shrubs and trees (of at least 3m in height), shall be establishedin the planting season following Development Approval between thewestern side of the fill and the side boundary, and maintained in goodhealth and condition at all times with any dead or diseased plants beingreplaced in the next planting season.

REASON: To minimise the visual impact of the development and ensurethe survival and maintenance of the vegetation.

(6) Stormwater Be Dealt With On-SiteAll runoff generated by the development hereby approved shall be treatedon-site to the satisfaction of Council using design techniques such as:

- Grassed swales- Stone filled trenches- Small infiltration basins

Stormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs on adjacentsites.


NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) The development herein approved involves work within close proximityto the boundary. The onus of ensuring development is in the approvedposition on the correct allotment is the responsibility of the landowner/applicant. This may necessitate a survey being carried out by alicensed land surveyor prior to the work commencing.

(3) Management of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(4) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.

(5) Department of Environment, Water & Natural Resources (DEWNR) –Native Vegetation Council NoteThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subjectto an exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act oractivity that causes the killing or destruction of native vegetation, thesevering of branches or any other substantial damage to nativevegetation. For further information visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777. Thismust be sought prior to Full Development Approval being granted byCouncil.


9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Representation4. Applicant’s response to representation5. Relevant Development Plan Zone provisions6. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Tom Victory Deryn AtkinsonA/Team Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAIL

ATTACHMENT 3

REPRESENTATION

ATTACHMENT 4

RESPONSE TO REPRESENTATION

ATTACHMENT 5


Hills Face Zone

OBJECTIVES

Objective 1: A zone in which the natural character is preserved and enhanced or in which anatural character is re-established in order to:(a) provide a natural backdrop to the Adelaide Plain and a contrast to the urban area;(b) preserve and develop native vegetation and fauna habitats close to metropolitanAdelaide;(c) provide for passive recreation in an area of natural character close to the metropolitanarea;(d) provide a part of the buffer area between metropolitan districts and prevent the urbanarea extending into the western slopes of the Mount Lofty Ranges; and(e) ensure that the community is not required to bear the cost of providing services to landwithin the zone.

Objective 2: A zone accommodating low intensity agricultural activities and public/private openspace and one where structures are located and designed in such a way as to:(a) preserve and enhance the natural character or assist in the re-establishment of anatural character in the zone;(b) limit the visual intrusion of development in the zone, particularly when viewed fromroads within the zone or from the Adelaide Plain;(c) not create, either in themselves, or in association with other developments, a potentialdemand for the provision of services at a cost to the community; and(d) prevent the loss of life and property resulting from bushfires.


1 Development should not be undertaken unless:(a) it is associated with a low intensity agricultural activity, a public open space area or aprivate use of an open character, or is a detached single storey dwelling, includingoutbuildings and structures normally associated with such dwellings, on a singleallotment; and(b) together with associated native landscaping, it preserves and enhances the naturalcharacter of the zone or assists in the re-establishment of a natural character.

2 The excavation and/or filling of land should:(a) be kept to a minimum so as to preserve the natural form of the land and nativevegetation;(b) only be undertaken in order to reduce the visual impact of buildings, includingstructures, or in order to construct water storage facilities for use on the allotment; and(c) result in stable scree slopes which are covered with top soil and landscaped so as topreserve and enhance the natural character or assist in the re-establishment of thenatural character of the zone.

3 Development should not be undertaken if the operation and management of such development islikely to result in:(a) pollution of underground or surface water resources;(b) over exploitation of underground or surface water resources;(c) adverse impact on underground or surface water resources, including anyenvironmental flows required to meet the needs of the natural environment;(d) unnecessary loss or damage to native vegetation including the full range of tree,

understorey and groundcover species/native grasses so as to maintain and enhanceenvironmental values and functions, including conservation, biodiversity and habitat;(e) denudation of pastures;(f) erosion;(g) dust;(h) noise nuisance;(i) the introduction of or an increase in the number of pest plants or vermin;(j) adverse impacts from chemical spray drift, chemical run-off or chemical residue in soils;(k) the erection of structures or construction of access tracks and parking areas in amanner which detracts from the landscape character and visual amenity of the zone;(l) increased hazard to the locality from bushfires; or(m) loss of amenity to adjoining land or surrounding localities from:(i) the visual impact of buildings, structures or earthworks; or(ii) the intensity of activity associated with any such use, including significant adverseimpacts arising from chemical spray drift, use of audible bird or animal deterrentdevices, and the use of associated vehicles and machinery.

4 Development should not occur on land where the slope poses an unacceptable risk of soilmovement, land slip or erosion.

22 Development should only be undertaken if it can be located and designed to maximize theretention of existing native vegetation and, where possible, increase the extent of nativevegetation.

23 Any essential clearance of native vegetation should be accompanied by conservation initiatives,such as replanting with indigenous native vegetation, to ensure the overall result is a biodiversitygain.

24 Native trees, shrubs and ground covers should be established to screen development, includingscree slopes created as a result of excavation and/or filling of land, in such a way that thebushfire hazard is not increased. Screening mounds may also be appropriate.

ATTACHMENT 6


OBJECTIVES

Objective 1: Orderly and economic development.

Objective 15: A form of development adjoining main roads within urban areas and townshipswhich will:(a) ensure traffic can move efficiently and safely;(b) discourage commercial ribbon development;(c) prevent large traffic-generating uses outside designated shopping/centre zones;(d) provide for adequate off-street parking (including for bicycles); and(e) provide limited and safe points of access and egress.

Objective 68: The conservation, preservation, or enhancement, of scenically attractive areas,including land adjoining water or scenic routes, accepting that wind farms andancillary development may need to be located within landscape areas or areas ofscenic amenity and that the visual impact of the development will need to bemanaged.

Objective 70: The retention of remaining native vegetation.

Objective 71: The retention of native vegetation where clearance is likely to lead to problems ofsoil erosion, soil slip and soil salinization, flooding or a deterioration in the qualityof surface waters.

Objective 77: The conservation and preservation of the rural character, scenic amenity andbushland of the area, accepting that wind farms and ancillary development mayneed to be located within landscape areas or areas of scenic amenity and that thevisual impact of the development will need to be managed.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects, accepting that wind farms and ancillary development may need to belocated within landscape areas or areas of scenic amenity and that the visualimpact of the development will need to be managed.

Objective 88: Accepting that wind farms and ancillary development may need to be sited invisually prominent locations, then the visual impact of the development needs tobe managed.

Objective 91: Development in urban and rural areas in keeping with appearance and characterof those areas, accepting that wind farms and ancillary development may need tobe located within such areas and that the visual impact of the development willneed to be managed.


2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that land havingregard to the location and condition of that land and the objectives for the zone in which it islocated.

6 Land, particularly steeply sloping land used for the erection of buildings, should be stable.

7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve thenatural form of the land and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or toconstruct water storage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped topreserve and enhance the natural character or assist in the re-establishment of thenatural character.

9 Development should not take place in a manner which will interfere with the effective use of otherland in the locality and which will not prevent the attainment of the objectives for that other land.

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash,dust, grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposalwhere required; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.

15 Development should not be undertaken if the construction, operation and/or management of suchdevelopment is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

18 Development should not be undertaken where the overall natural slope of the allotment is greaterthan 1 in 4.

49 Development should provide safe and convenient access for private cars, cyclists, pedestrians,service vehicles, emergency vehicles and public utility vehicles, and be consistent with theconcept plan for relevant centres.

53 Service vehicles should be able to enter and leave sites in a forward direction.

201 Development should be undertaken with the minimum effect on natural features, land adjoiningwater or scenic routes or scenically attractive areas, accepting that wind farms and ancillarydevelopment may need to be located within landscape areas or areas of scenic amenity and thatthe visual impact of the development will need to be managed.

202 Natural vegetation should be preserved and replanting should take place.

204 The rural character, scenic amenity and bushland of the south Mount Lofty Ranges should beconserved and enhanced.

208 Native vegetation should not be cleared if it:(a) provides important habitat for wildlife;(b) has a high plant species diversion or has rare or endangered plant species and plantassociations;(c) has high amenity value;(d) contributes to the landscape quality of an area;(e) has high value as a remnant of vegetation associations characteristic of a district or

region prior to extensive clearance for agriculture;(f) is associated with sites of scientific, archaeological, historic, or cultural significance; or(g) is growing in, or is characteristically associated with, a wetland environment.

211 Remnants of bushland should be preserved.

212 Development should conserve fauna and flora.

213 Trees and other vegetation, including remnants of native flora, should be preserved andprotected against disfigurement if they are of:(a) particular visual significance or interest;(b) scientific interest;(c) value as a native fauna habitat;(d) historic significance;(e) value in the prevention of soil erosion;(f) value in screening existing or future buildings or unsightly views or activities;(g) value in existing or future developments for shade or windbreak; or(h) value as roadside character.If necessary to fell these trees, replanting should proceed.

227 Development should take place in a manner which will not visually interfere with the achievementof the objective for an area or, otherwise the existing character of scenically or environmentallyimportant areas, or areas which are prominently visible from other land or which are frequentedby the public, accepting that wind farms and ancillary development may need to be located withinlandscape areas or areas of scenic amenity and that the visual impact of the development willneed to be managed.

229 Development should take place in a manner which will minimize alteration to the existing landform.

230 Excavation and earthworks should take place in a manner that is not extensively visible fromsurrounding localities.

231 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated, accepting that wind farms and ancillary development may need to belocated within such areas and that the visual impact of the development will need to be managed.

234 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges;accepting that wind farms and ancillary development may need to be located within such areasand that the visual impact of the development will need to be managed.

244 Subject to proper regard to bushfire hazards, trees and other vegetation should be retained orincluded with development.



Applicant: W G Bartsch & J M Bartsch Landowner: W G Bartsch & J M Bartsch

Agent: Integral Property DevelopmentSolutions

Ward: Manoah

Development Application: 13/1055/473 Originating Officer: Melanie Scott

Application Description: Change of use to tourist accommodation (bed & breakfast for amaximum of two guests) (non-complying)

Subject Land: Sec: 968 HDP:105500CT:5172/871

General Location: 7 Wilson Road, Mylor

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24January 2013Map AdHi/3

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Rural Landscape PolicyArea

Form of Development:Non-complying

Site Area: 3 Hectares

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 21November 2014

Representations Received: Nil

Representations to be Heard: Nil

1. EXECUTIVE SUMMARYThe purpose of this application is convert an existing building into a bed and breakfastestablishment for a maximum of two guests.

The subject land is located within the Watershed (Primary Production) Zone - RuralLandscape Policy Area and is a non-complying form of development. No representationswere received during the Category 3 public notification period.

The EPA considered the proposal to have a neutral environmental impact and Councilconsiders the proposal to have minimal amenity impacts. There is no signage proposedwith this application. It should be noted the use of the building for habitation is aretrospective application. This application has offered the opportunity to upgrade theonsite waste system and formalise the use of the building.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3, non-complying development.

The main issue relating to the proposal is water protection.

Following an assessment against the relevant zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent.

Council Development Assessment Panel Meeting – 3 February 2015W G Bartsch & J M Bartsch13/1055/473

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

Conversion of an existing outbuilding to a one bedroom cottage. This building notedon previous applications as a studio.

Maximum of two guests at any time.


3. HISTORYAugust 15, 2001 13/576/473 Council approved a variation to a previous

application for a carport to be converted to a garage.June 13, 2013 13/223/473 Council approved a carport (7.2m x 7.2m x

2.7m), associated earthworks and retaining wall.October 19, 2012 12/741/473 Council approved dwelling alterations and

additions - solar panel installation on tilt frames (22panels).

January 11, 2005 04/1215/473 – Council approved a swimming pool.January , 1999 98/1156/473 – Council approved dwelling alterations and

additions.

4. REFERRAL RESPONSES

CFSThe CFS has no objection to the proposal and has recommended a group ofstandard conditions (refer conditions 4 - 6)and rated the site Bushfire AttackLevel (BAL)19.


EPAHas determined the proposal would have a neutral environmental effect and doesnot require any conditions.


AHC EHU13/W76/473 was an upgrade of the existing waste control system on site.Council’s Environmental Health Officer has no health issues.

5. CONSULTATIONThe application was categorised as a Category 3 non complying form of developmentin accordance with Section 38(2)(c) of the Development Act 1993 and PDC 70 of theWatershed Primary Production Zone (the proposal is not part of a dwelling or lawfultourist accommodation). As Category 3 development the proposal requires formalpublic notification and a public notice. No representations were received.


The applicants or their representative – Paul Emes (Integral Property DevelopmentSolutions) may be in attendance.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe subject land is 3 hectares in area and slopes down from Wilson Road inthe west to Strathalbyn Road in the East. The property has access points onboth roads. There is a dam in the south eastern corner of the property, arestored federation style cottage central to the property and, a collection ofsheds and the proposed bed and breakfast near the north western corner ofthe property. The balance of the property is grazing land.

ii. The Surrounding AreaThe property is surrounded on all sides by properties of a similar size and ofsimilar land uses. The topography of the area enables most properties tooperate in complete privacy from each other. Many adjacent properties havemore remnant native vegetation on them than the subject land.

iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Rural Landscape Policy Area Area of theWatershed (Primary Production) Zone and these provisions seek:

Rural Landscape Policy Area- Pleasant low density rural living with scenic rural character, whilst

mindful of pollution and bushfire risk

Accordance with Policy AreaBeing ancillary to the residential use on the land and having undergone publicnotification with no representations the proposal is in accordance with PDC 2.In consideration that a maximum of two guests will be accommodated it isunlikely to cause nuisance to neighbouring allotments.

Being set back at a distance of more than 30 metres from any watercourseand coupled with EPA advice the proposal is in accordance with PDCs 4 & 5.

Refer to Attachment 5 for the relevant Policy Area provisions

The Watershed (Primary Production) Zone- Maintenance of natural resources and rural production along with the

enhancement of amenity for the enjoyment of residents and visitors.

Accordance with ZoneThe building exists on site and is nestled below Wilson Road and set backmore than 150m from Strathalbyn Road. On this basis it meets PDCs 1, 2, 3,4, 8, 10, 11, 14 & 16. The existing access from Wilson Road through toStrathalbyn Road works with the contours of the land in accordance with PDC9.


Form of DevelopmentAs approval for a bed and breakfast has been sought, the building will be anancillary use to the existing dwelling in accordance with PDC 24. Further, themodest size of the building and its location amongst a garden ensuresaccordance with PDCs 38 & 39.



The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development- protection of primary production land- to assist and encourage development of small scale tourist

accommodation facilities, and- protection of the watershed

The proposal is using an existing building on the site clustered with otherbuildings and with a maximum of two guests will mark a very small increase inthe use of the site area.

Form of DevelopmentThe modest nature of the proposal at two guests will ensure minimal impact onamenity thus the proposal will be in accordance with PDC 13.

Rural DevelopmentThe proposal will have minimal impact on agriculture and native vegetation onsite as it involves an existing building and thus the proposal is in accordancewith PDC 174.

TourismAs the proposal is small scale and sited to minimise visual impact, it isconsidered it will enhance the character of the locality in accordance withPDCs 260, 262, 263, 266, 267, 268, 271, 276 & 278.

Water Supply & Effluent DisposalThe on-site waste control system and water supply have been brought up tocurrent standards through a recent waste control system application ensuringthe proposal meets the requirements of PDC 299. The dwelling and theproposed bed and breakfast are both connected to the one waste controlsystem.

Fire Protection issuesThe CFS has ratee the site as Bushfire Attack Level (BAL)19 and has noobjection to the development, thus the proposal is in accordance with PDCs300, 301 & 307.


Environmental/Public Health issuesCouncil’s food officers have recommended some notes to ensure the proposalmeets food handling requirements.


7. SUMMARY & CONCLUSION

The building has existed in some form or another since at least 1949, its use being thesubject of some conjecture. Previous applications showed the existing use as anoutbuilding and a cottage. It became apparent during the assessment process that thebuilding has been renovated and a verandah structure added some time between 2011and 2013. Along with this application to formalise the use of the building, the onsitewaste control system has been upgraded to meet current standards.

No signage is proposed as part of this application. The proposal is for two guests andwill be conditioned to reflect the same should it be approved. The proposal isconsidered to have little to no amenity impacts and the EPA advised it considers theproposal has a neutral environmental effect.

The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 13/1055/473 by W G Bartsch & J M Bartsch for Change of use totourist accommodation (bed & breakfast maximum 2 guests) (non complying) at7 Wilson Road, Mylor subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions accompanying the application,unless varied by a separate condition:

- Statement of Effect dated 18 September 2014 prepared by IntegralProperty Development Solutions.- plans from Hills Timber Constructions date issued 21 September 2013,drawing 1-1fire suppression and existing floor layout and drawing 4(b)of4 site location

REASON: To ensure the proposed development operates in accordance with theapproved plans

(2) Maximum Number of Guests for Tourist Accommodation


The tourist accommodation (bed and breakfast) shall accommodate a maximumnumber of two guests at any given time.

REASON: To ensure the proposed development operates in accordance with theapproved plans

(3) Building Shall Not Be Used For Separate AccommodationAccommodation of persons within the building shall be genuinely ancillary to theuse of the existing dwelling and only as a bed and breakfast.

NOTE: This consent does not permit the use of the building (or any part thereof)for the provision of accommodation upon commercial terms except as the hereinapproved bed and breakfast for two persons (for example without limitation as alodging house, motel, serviced apartment, or tenancy), or as a separate dwelling.

REASON: To ensure that the development results in only one habitable dwellingon the subject land.

(4) CFS Existing AccessACCESS TO DWELLINGThe Code Part 2.3.3.1 describes the mandatory provision for ‘Private’ roads anddriveways to buildings, where the furthest point to the building from the nearestpublic road is more than 30 metres, shall provide safe and convenientaccess/egress for large Bushfire fighting vehicles.NB: CFS has no objection to the existing access as observed on site and asdetailed in statement of effect prepared by Integral Property DevelopmentSolutions dated 18th September 2014, providing the access is retained to meet thefollowing requirements. Access to the building site shall be of all-weather construction, with a

minimum formed road surface width of 3 metres and must allow forwardentry and exit for large fire-fighting vehicles.

The all-weather road shall allow fire-fighting vehicles to safely enter andexit the allotment in a forward direction by incorporating either – A loop road around the building, OR A turning area with a minimum radius of 12.5 metres, OR A ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11

metres and minimum internal radii of 9.5 metres. Vegetation overhanging the access road shall be pruned to achieve a

minimum vehicular clearance of not less than 4 metres width and a verticalheight clearance of 4 metres.

The all-weather road shall incorporate passing bays with a minimumformed width of 7 metres including the road or driveway width, and aminimum formed length of 17 metres. The passing bays should beconstructed at 200 metre intervals along the road or driveway. Where it isnecessary to provide adequate visibility, such as the nearest point to thepublic road or other passing bay, passing bays may be required at intervalsof less than 200 metres.


The gradient of the access road shall not exceed 16 degrees (29%), in steepterrain the construction of the public road or driveway shall be a sealedsurface.

ACCESS (to dedicated water supply)The Code Part 2.3.4.1 requires a dedicated and accessible water supply to bemade available at all times for fire-fighting.Ministers Specification SA 78 describes the mandatory provision for access to thededicated water for fire-fighting vehicles where the path of travel from theentrance to the property to the water storage facility is more than 30 metres inlength, by an all-weather roadway: Access to the dedicated water supply shall be of all-weather construction,

with a minimum formed road surface width of 3 metres.

The driveway shall be constructed to be capable of supporting fire-fightingvehicles with a gross vehicle mass (GVM) of 21 tonnes, AND

Provision shall be made adjacent to the water supply for a hardstand area(capable of supporting fire-fighting vehicles with a gross vehicle mass(GVM) of 21 tonnes) that is a distance equal to or less than 6 metres fromthe water supply outlet.

CFS appliance inlet is rear mounted; therefore the outlet/water storageshall be positioned so that the CFS appliance can easily connect to it rearfacing.

(NOTE: the water supply outlet may be remotely located from the tank toprovide adequate access).NB: CFS has no objection to the existing location for the dedicated watersupply detailed in supporting documentation and drawing named ExistingFire Suppression System, providing the outlet is extended to a suitablelocation in accordance with the above that is easily accessible and clearlyvisible from the access way and manoeuvring area.

REASON: To provide safe access to properties in the event of a bushfire.

(5) CFS Water SupplyThe Code Part 2.3.4.1 prescribes the mandatory provision of a dedicated andaccessible water supply to be made available at all times for fire-fighting.Ministers Specification SA78 provides the technical details of the dedicatedwater supply for bushfire fighting for the bushfire zone. The dedicated bushfirefighting water supply shall also incorporate the installation of a pumpingsystem, pipe-work and fire-fighting hose(s) in accordance with Minister’sSpecification SA78: A minimum supply of 22,000 litres of water shall be available at all times

for bushfire fighting purposes.

The bushfire fighting water supply shall be clearly identified and fittedwith an outlet of at least 50mm diameter terminating with a fire service64mm male London round thread adaptor which shall be accessible tobushfire fighting vehicles at all times.


The water storage facility (and any support structure) shall beconstructed of non-combustible material. The dedicated fire-fightingwater supply shall be pressurised by a pump that has –

A minimum inlet diameter of 38mm, AND Is powered by a petrol or diesel engine with a power rating of at

least 3.7kW (5hp), OR A pumping system that operates independently of mains

electricity and is capable of pressurising the water for fire-fighting purposes.

The dedicated fire-fighting water supply pump shall be located at oradjacent to the dwelling to ensure occupants safety when operating thepump during a bushfire. An ‘Operations Instruction Procedure’ shall belocated with the pump control panel.

The fire-fighting pump and any flexible connections to the water supplyshall be protected by a non-combustible cover that allows adequate airventilation for efficient pump operation.

All bushfire fighting water pipes and connections between the waterstorage facility and a pump shall be no smaller in diameter than thediameter of the pump inlet.

All non-metal water supply pipes for bushfire fighting purposes (otherthan flexible connections and hoses for fire-fighting) shall be buriedbelow ground to a minimum depth of 300mm with no non-metal partsabove ground level.

A fire-fighting hose (or hoses) shall be located so that all parts of thebuilding are within reach of the nozzle end of the hose and if more thanone hose is required they should be positioned to provide maximumcoverage of the building and surrounds (i.e. at opposite ends of thedwelling).

All fire-fighting hoses shall be capable of withstanding the pressures ofthe supplied water.

All fire-fighting hoses shall be of reinforced construction manufacturedin accordance with AS 2620 or AS 1221.

All fire-fighting hoses shall have a minimum nominal internal diameterof 18mm and a maximum length of 36 metres.

All fire-fighting hoses shall have an adjustable metal nozzle, or anadjustable PVC nozzle manufactured in accordance with AS 1221.

All fire-fighting hoses shall be readily available at all times.

REASON: To minimise the threat and impact of bushfires on life and property.


(6) VEGETATIONThe Code Part 2.3.5 mandates that landscaping shall include Bushfire Protectionfeatures that will prevent or inhibit the spread of bushfire and minimise the risk tolife and/or damage to buildings and property.

A vegetation management zone (VMZ) shall be established and maintainedwithin 20 metres of the dwelling (or to the property boundaries – whichevercomes first) as follows:

- The number of trees and understorey plants existing and to beestablished within the VMZ shall be reduced and maintained suchthat when considered overall a maximum coverage of 30% isattained, and so that the leaf area of shrubs is not continuous.Careful selection of the vegetation will permit the ‘clumping’ ofshrubs where desirable, for diversity, and privacy and yet achievethe ‘overall maximum coverage of 30%’.

- Reduction of vegetation shall be in accordance with SA NativeVegetation Act 1991 and SA Native Vegetation Regulations 2003.

- Trees and shrubs shall not be planted closer to the building(s) thanthe distance equivalent to their mature height.

- Grasses within the zone shall be reduced to a maximum height of10cm during the Fire Danger Season.

- No understorey vegetation shall be established within 1 metre of thedwelling. (Understorey is defined as plants and bushes up to 2metres in height).

- The VMZ shall be maintained to be free of accumulated deadvegetation.

REASON: To minimise the threat and impact of bushfires on life and property.

NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. Itis the responsibility of the owner of other person operating the foodbusiness from the building to ensure compliance with the relevantlegislation before opening the food business on the site.


(3) Food Handling NotificationFood business notification must be provided prior to commencing anyfood (or consumable product) handling activities. This may be providedon-line at www.fbn.sa.gov.au or by obtaining a notification form fromAdelaide Hills Council.

(4) CFS Bushfire Attack LevelCompliance with the fire protection requirements is not a guarantee thedwelling will not burn, but its intent is to provide a “refuge” from theapproach, impact and passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 19.

The buildings shall incorporate the construction requirements forbuildings in Bushfire Prone areas in accordance with the Building Codeof Australia Standard AS3959 “Construction of buildings in bushfireprone areas”.

(5) BUSHFIRE SURVIVAL PLAN:CFS further recommends:The applicants shall prepare and display a BUSHFIRE SURVIVALPLAN (BSP) designed specifically for the purpose of any guests thatmay be in residence during a bushfire event, especially during theFire Danger Season.This BSP should give clear directions to persons that may beunfamiliar with the area/locality and unfamiliar with what protectiveactions they may need to take to protect their lives during a bushfireevent and when to take such protective actions.The BSP should address the possibility that the owners may not bepresent at the time of the bushfire event.

The BSP should not expect guests to be involved in fire-fightingoperations.The SA CFS ‘Prepare, Act, Survive’ document (refer CFS web site)should be utilised as a basis for the drafting of the (GUEST) BSP.

(6) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.

(7) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.


(8) EPA Information SheetsAny information sheets, guideline documents, codes of practice,technical bulletins, are referenced in this decision can be accessedon the following web site: http://www.epa.sa.gov.au/pub.html

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. EPA Response5. Relevant Development Plan Policy Area provisions6. Relevant Development Plan Zone provisions7. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Melanie Scott Tom VictoryStatutory Planner Acting Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

EPA RESPONSE

ATTACHMENT 5

RELEVANT POLICY AREA PROVISIONS

Rural Landscape Policy AreaIntroductionThe objectives and principles of development control that follow apply in the Rural Landscape Policy Areaof the Watershed (Primary Production) Zone shown on Maps AdHi/42, 62 to 64, 66 to 76 and 78 to 89.They are additional to those expressed for the whole of the council area.

OBJECTIVESObjective 1: A Policy Area primarily for Primary Production with rural living in localities where theallotments are small.Objective 2: Retention of low density rural and rural living activities and exclusion of land uses whichwould create nuisance to surrounding properties.Objective 3: A scenically attractive rural character.Objective 4: A pleasant rural character derived from the retention of existing flora and fauna, includingsignificant stands of vegetation.Objective 5: Protection of water, air and land resources from pollution.Objective 6: Minimization of fire risk.

PRINCIPLES OF DEVELOPMENT CONTROLForm of Development1 Development should be primarily for farming and horticulture, with natural open space in order to retainthe qualities and amenity of the locality.2 Development not being primary production should be for residential and ancillary purposes, not causingnuisance to neighbouring allotments.Conservation4 Buildings in the vicinity of tributaries of the Onkaparinga River should be set-back at least 30 metresfrom the centre line of any watercourses.5 All activities should be carried out with regard to water conservation, preservation and bushland oflandscape quality, and with a view to minimizing environmental problems.Appearance of Land and Buildings6 Buildings should be of a high standard of design, with respect to external appearance, choice ofmaterials and colours. Buildings should be sited to blend with, preserve and enhance the character andamenity of the locality.

ATTACHMENT 6


WATERSHED (PRIMARY PRODUCTION) ZONEIntroductionThe objectives and principles of development control that follow apply to the Watershed (PrimaryProduction) Zone as shown on Maps AdHi/3 to 10, 12 and 14 to 40. In this section, policies are expressedfirstly in relation to the whole of the Watershed (Primary Production) Zone and then for parts of the zonereferred to and defined as policy areas on Maps AdHi/42 to 90. All the policies expressed for theWatershed (Primary Production) Zone and for the policy areas are additional to those expressed for thewhole of the council area.OBJECTIVESObjective 1: The maintenance and enhancement of the natural resources of the south Mount LoftyRanges.Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of high quality water.Objective 3: The long-term sustainability of rural production in the south Mount Lofty Ranges.Objective 4: The preservation and restoration of remnant native vegetation in the south Mount LoftyRanges.Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Ranges for theenjoyment of residents and visitors.Objective 6: The development of a sustainable tourism industry with accommodation, attractions andfacilities which relate to and interpret the natural and cultural resources of the south Mount Lofty Ranges,and increase the opportunities for visitors to stay overnight.

PRINCIPLES OF DEVELOPMENT CONTROLForm of Development1 Buildings, should be located in unobtrusive locations and, in particular, should:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located not to be visible against the skyline when viewed from public roads and especially from theMount Lofty Ranges Scenic Road;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) be sited on an excavated rather than a filled site to reduce the vertical profile of the building;(f) where possible be screened by existing native vegetation when viewed from public roads and especiallyfrom the Mount Lofty Ranges Scenic Road; and(g) maximize the retention of existing native vegetation and the protection and retention of watercourses intheir natural state.2 Buildings should be unobtrusive and not detract from the desired natural character of the Zone and, inparticular:(a) the profile of buildings should be low and the roof lines should complement the natural form of the land;(b) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans whichcomplement the contours of the land; and(c) large eaves, verandahs and pergolas should be incorporated into designs to create shadowed areaswhich reduce the bulky appearance of buildings.3 Buildings:(a) should have a year-round water supply and a safe and efficient effluent disposal system which will notpollute watercourses or underground water resources or be a risk to health; and(b) should have a safe, clean, tidy and unobtrusive area for the storage and disposal of refuse so that thedesired natural character of the Zone is not adversely affected.4 Buildings and structures should not be located within 25 metres of a watercourse and buildings andstructures including chain mesh and solid fences should not be located on land subject to flooding asshown on Figures AdHiFPA/1 to 19 or within other areas subject to flooding or inundation by a 1 in 100year average return interval flood event.8 The number of outbuildings should be limited, and where appropriate they should be grouped together,located in unobtrusive locations and comply with the previously mentioned principles of developmentcontrol relating to the location and design of buildings.

9 Driveways and access tracks should follow the contours of the land to reduce their visual impact anderosion from water run-off and be surfaced with dark materials. The excavation/filling of land should bekept to a minimum to preserve the natural form of the land and the native vegetation.11 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.15 The rural character, comprising natural features and man-made activities, should be preserved bycareful siting, design and landscaping of new building development and/or intensive land uses.16 Development should ensure that primary production activity is not prejudiced.17 Land which is particularly suitable for primary production should be used or remain available for suchpurposes.

Residential Development23 Dwellings should be located to maximize the retention of existing vegetation by either:(a) being located on an existing cleared site of sufficient size to ensure the safety of the proposeddetached dwelling from fire hazard without the need for further clearance;(b) being built within the limitations of the exemptions provided for in the Native Vegetation Regulations,and addressing the safety of the proposed detached dwelling without the need for further clearance; or(c) sited and constructed in such a way which provides appropriate bushfire prevention measures withoutthe need for further clearance of native vegetation on the allotment or sited in such a way that provides forthe removal of native vegetation within the limits of the exemptions provided by the Native VegetationRegulations without the need for further clearance

Conservation27 Linkages between significant regional recreational and conservation features should be established orenhanced.28 The nature, features and general character of areas and items, other than building development andvegetation, should be conserved which are of special:(a) historical (including archaeological) significance or heritage value;(b) scientific interest; or(c) scenic value or natural beauty.29 Buildings should not be located within areas of native vegetation.30 Buildings near native vegetation should be sited only where there is an existing cleared area ofsufficient size to ensure the safety of the proposed structures from fire hazard without the need for furtherclearance.31 No change of land use should occur in or near areas of native vegetation which are likely to adverselyimpact on the vegetation.32 The provision of services, including power, water, effluent and waste disposal, access roads and tracksshould be effected over areas already cleared of native vegetation or, if this is not possible, cause theminimum interference or disturbance to native vegetation.35 No development or change in land use should occur where its proximity to a swamp or wetland,whether permanently or periodically inundated, has the potential to damage or interfere with the hydrologyor water regime of the swamp or wetland.36 Development should take place in a manner which will not interfere with the utilisation, conservation orquality of water resources and protects the natural systems that contribute to natural improvements inwater quality.

Appearance of Land and Buildings37 Trees, other vegetation and earth mounding should be retained or provided as part of the developmentwhere the environment will be visually improved by such a provision.38 Buildings and structures which are necessary for efficient farm management should, as far as possible,be located to form part of existing homestead clusters.39 Buildings should not impair the character of rural areas by reason of their scale or siting. If necessary,buildings should be screened by trees or shrubs.

Rural Development41 Primary production should be carried out with regard to water conservation, the preservation ofbushland remnants and landscape beauty.42 Rural areas should be retained for primary production purposes and other uses compatible withmaintaining rural productivity.

43 Development should ensure the sustainable use of land for primary production by the use of sound landmanagement practices.44 Development which would remove productive land from primary production or diminish its overallproductivity for primary production, should not be undertaken unless the land is required for essentialpublic purposes.45 No more than two dogs should be kept on any land for racing, breeding or boarding purposes.

Non-complying Development70 All kinds of development are non-complying in the Watershed (Primary Production) Zone except forthe following:Additions and alterations to an existing building, and extensions to an existing use or activity on the land,which is being lawfully undertaken, where the total floor area or site area of the extension does not exceed25 percent of the total floor area or site area of that building or use as at 25 May 2006

Alterations or additions to an existing dwelling where;(a) the extension does not exceed 50 percent of the floor area of an existing dwelling; or(b) the extension does exceed 50 percent of the floor area of an existing dwelling, and which comply withthe criteria in Table AdHi/5 Aviary

Dwelling where the dwelling is to be erected on an existing allotment and where a habitable dwelling ortourist accommodation for up to ten guests does not already exist on the allotment, unless the dwelling isto replace an existing dwelling, and where:(a) no valid planning authorisation to erect a dwelling on that allotment exists; and(b) no other application for planning authorisation is being made or has been made and is not yetdetermined for a dwelling on that allotment; and(c) where the detached dwelling and allotment complies with the criteria in Table AdHi/5

Tourist Accommodation and ancillary uses:(a) within part of or as an extension to a dwelling or lawful tourist accommodation existing as at 14September 1990, and where up to eight guests are accommodated in hosted accommodation; or(b) wholly within a dwelling or lawful tourist accommodation existing as at 14 September 1990, and whereup to ten guests are accommodated in non-hosted accommodation; or (c) wholly within or within part of oras an extension to a State or Local Heritage Place identified in Tables AdHi/1 to 2, and where no morethan 30 guests are accommodated on a single allotment and where no other habitable building erectedafter 21 September 2000 exists;and which in all cases complies with the criteria in Table AdHi/5

ATTACHMENT 7


Objective 1: Orderly and economic development.Objective 2: A proper distribution and segregation of living, working and recreational activitiesby the allocation of suitable areas of land for those purposes.Objective 4: The retention of the country town character and protection of the surroundingwatersheds and primary production land from urban development.Objective 5: Prevention of the continued encroachment of urban development into rural areas.Objective 6: Protection of productive primary production land from conversion to non-productiveor incompatible uses, and encouragement of full-time farming of rural land.

2 Development should be orderly and economic.3 Development should take place on land which is suitable for the intended use of that landhaving regard to the location and condition of that land and the objectives for the zone in whichit is located.9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.12 In the absence of a reticulated or indirect water supply, development should have anindependent water supply of a nature, design, quality and capacity that can be demonstrated assuitable for meeting the ongoing requirements of the development, particularly for domestic,livestock, and fire protection purposes.13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal whererequired; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.15 Development should not be undertaken if the construction, operation and/or management ofsuch development is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

Objective 61: The retention of rural areas primarily for forestry, primary production andconservation purposes and the maintenance of the natural character and rural beauty of suchareas.Objective 65: The extension of the economic base of the Mount Lofty Ranges Region in anenvironmentally sensitive and sustainable manner.

175 Residential flat buildings, multiple dwellings, schools, hospitals, hotels and motels forpermanent and semipermanent habitation should not be erected in rural areas.

228 Development should take place in a manner which will not visually interfere with theachievement of the objective for an area or, otherwise the existing character of scenically orenvironmentally important areas, or areas which are prominently visible from other land or whichare frequented by the public.229 Development should take place in a manner which will minimize alteration to the existingland form.230 Excavation and earthworks should take place in a manner that is not extensively visiblefrom surrounding localities.231 The appearance of land, buildings and objects should not impair the amenity of the localityin which they are situated.233 Buildings should be sited unobtrusively and be of a character and design which will blendnaturally with the landscape.234 No development should impair:(a) the natural character of the south Mount Lofty Ranges; or(b) the skyline of the south Mount Lofty Ranges.235 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape andminimize any visual intrusion.249 The erection, alteration or conversion of any building should be undertaken only if itcomplements or enhances the scale, character and design of development in the locality andthe siting of buildings on adjoining allotments.

TourismOBJECTIVESObjective 95: To assist in preservation and enhancement of the district character throughencouragement of sensitive tourist developments.Objective 96: To assist and encourage development of small scale tourist accommodationfacilities in localities having a convenient access to primary traffic routes as shown on MapAdHi/1 (Overlay 1).

259 Tourism developments should:(a) enhance the character of the locality in which they are to be located;(b) be compatible with the cultural and heritage values of the locality and the Region;(c) be small in scale and designed and sited to be compatible with the local environment;(d) enhance the visual amenity of the locality;(e) utilise, where possible, existing buildings, and particularly heritage buildings.261 Tourism developments in rural areas should ensure that agricultural activities aremaintained as the predominant land use in the Region, and are situated on land with loweragricultural potential.262 Tourism developments, where proposed to be located in proximity to rural industry andseasonal activities should be designed and sited to reduce the potential for disturbance ordisruption to the tourist activity and should be located in a manner which is compatible withsurrounding uses.265 Tourism developments should:(a) not exceed the capacity of the infrastructure or facilities required to service them;(b) use external materials of construction that are in keeping with traditional building styles,incorporating by way of example; stone, masonry or weatherboard walls, timber framedwindows, pitched corrugated steel roofs in either naturally weathered galvanised iron or similar,verandahs where appropriate and outbuildings, fences and other structures to complement themajor buildings;(c) provide vehicle parking and access ways which are surfaced with materials appropriate tomaintaining the character of the locality;(d) be designed and sited to prevent overshadowing and overlooking;(e) provide safe and convenient vehicle access that is compatible with the surrounding uses.

266 Tourism developments in rural areas should:(a) ensure the retention of native vegetation is maximised by only locating in areas whichconsist of a modified landscape;(b) not require changes to natural features;(c) be designed and sited to ensure the bed and banks of watercourses are protected frominappropriate development and management practices.267 Tourism developments should protect the water resources of the Region by:(a) being located away from water sensitive areas;(b) having safe and efficient effluent disposal systems;(c) incorporating an adequate area for waste disposal on the allotment of the proposeddevelopment;(d) disposing of waste water and effluent onto land and at a rate within the capacity of theallotment to retain and treat effluent;(e) not disposing of waste water and effluent into watercourses;(f) avoiding the use of holding tanks for waste water and effluent.270 Tourist accommodation, when proposed to be located in existing building(s) should ensurethat development is in keeping with the existing form and scale of the building(s).275 Tourism development should be of a size and nature such that it will not lead to thecommercialisation and over-exploitation of the natural and historical resources.277 Tourist developments should not require substantial modification to the land form,particularly in visually prominent locations. 295 Development within the Mount Lofty Rangesshould be compatible with its use as a water catchment and storage area, and with its values asan area of primary production and scenic quality.298 Development should minimise the risk of pollution of water catchment areas.299 Buildings and structures should be located away from areas that pose an unacceptablebushfire 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;(d) inability to provide an adequate building protection zone; or(e) inability to provide an adequate supply of water for fire-fighting purposes.300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes,narrow ridge crests and the tops of narrow gullies, and slopes with a northerly or westerlyaspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres fromexisting hazardous vegetation; and(c) have a dedicated and accessible water supply available at all times for fire fighting.301 Extensions to existing buildings, outbuildings and other ancillary structures should belocated and constructed using materials to minimise the threat of fire spread to residential,tourist accommodation and other habitable buildings in the event of bushfire.307 Waste management facilities should be located, sited, designed and managed to minimiseadverse impacts on both the site and surrounding areas due to generation of surface water andground water pollution, traffic, noise, odours, dust, vermin, weeds, litter, gas and visual impact.379 The use of treated wastewater should not result in:(a) adverse impacts on public health;(b) environmental nuisance or harm; or(c) adverse impacts on the amenity of a locality.

council development assessment panel meeting 3 … · 2015-01-28 · council development assessment...

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