council development assessment panel meeting 5 …

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING5 September 2017

AGENDA

Applicant: Beyond Ink Landowner: Valley Crest Fruits Pty Ltd

Agent: Beyond Ink Ward: Onkaparinga Valley WardDevelopment Application: 16/769/473 Originating Officer: Brendan Fewster

Application Description: Alterations and additions to outbuilding including change of use to awinery (maximum 500 tonne crush per annum) and associated earthworks and storage tanks

Subject Land: Lot:12 Sec: P5151 DP:94407CT:6146/167Subject Land: Lot:13 Sec: P5151 DP:94407CT:6146/168

General Location: Swamp Road LenswoodGeneral Location: 758 Swamp Road Lenswood

Development Plan Consolidated : 28 April2016Map AdHi/3 and Map AdHi/53

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Lenswood Policy Area

Form of Development:Merit

Site Area: 2.2 hectares approximately

Public Notice Category: Category 3 Merit

Notice published in The Advertiser on 25November 2016

Representations Received: One (1)

Representations to be Heard: One (1)

1. EXECUTIVE SUMMARY

The purpose of this application is for alterations and additions to an existing outbuilding,including a change of use of the building to a winery (maximum 500 tonne crush per annum) andassociated earthworks.

The subject land is located within the Watershed (Primary Production) Zone - Lenswood PolicyArea and the proposal is a merit form of development. One representation in opposition of theproposed development was received during the Category 3 public notification period.

As per the CDAP delegations, the CDAP is the relevant authority for a Category 3 developmentwhere a representor(s) wishes to be heard.

The proposed winery would contribute to the economic base of the region and the small-scalenature and daytime operation of winery would ensure the development is compatible withsurrounding rural and residential uses. The EPA is satisfied that the proposal would not result inadverse environmental impacts, such as noise, odour and pollution.

The main issues relating to the proposal include the suitability of land use, the impact of thedevelopment upon nearby residential properties, environmental management, trafficmanagement and the effect of the development on the natural resources of the Mount LoftyRanges Watershed.

Council Development Assessment Panel Meeting – 5 September 2017Beyond Ink2016/769/473

2In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff are recommendingthat the proposal be GRANTED Development Plan Consent, subject to conditions.

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

Additions and alterations to an existing outbuilding that includes an additional 144m² of floorarea and a new covered truck loading area;

Change of use of an existing outbuilding to a winery with a maximum crush of 500 tonne perannum;

A winery comprising a grape processing area, tank farm and bottled wine storage area withinthe existing building;

A bunded trade waste collection area adjacent to the winery building that includes 2 x 22,500litre poly tanks connected to a trade water chamber, sump and transfer pump;

Earthworks to provide a bunding for the trade waste collection area; and Provision of 2 x 22,500 litre rainwater tanks to be located in front of the winery building.

The proposed plans are included as Attachment – Proposal Plans with other informationincluded as Attachment – Application Information.

3. HISTORY

November 24, 2010 2010/D045/473 The DAC approved a land division(boundary realignment)

Figure 1: Extract of the approved plan of division4. REFERRAL RESPONSES


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EPAOn several occasions the EPA requested that the applicant provide additionalinformation with respect to mechanical equipment, vehicle movements,processing/crushing and waste treatment. The applicant has provided the EPA with allnecessary information. The EPA considers that the “water quality impact on theWatershed would be neutral and the risk of environmental harm is low”. One standardcondition has been directed by the EPA to be attached to any consent.

AHC EHUCouncil’s Environmental Health Unit has granted approval to the installation of a wastewater treatment system (refer 17/W125/473).

AHC ENGINEERING DEPARTMENTThe Engineering Department advised that the proposed waste treatment facility is to bedesigned in accordance to EPA standards. The existing access should be sealed withbitumen from the edge of the road to the property boundary.

The above responses are included as Attachment – Referral Responses.

5. CONSULTATION

The application was categorised as a Category 3 form of development in accordance withSection 38(2)(c) of the Development Act 1993 requiring formal public notification and a publicnotice. One (1) representation was received in opposition to the proposed development.

The following representor wishes to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

Margaret Fuzy Lot 61 Swamp Road, Lenswood Perry Toynton

The applicant (Beyond Ink) may be in attendance.

The issues contained in the representation can be briefly summarised as follows: Impact on amenity and general quality of life due to machinery noise; Light spill; and Clarification needed on whether a cellar door is proposed.

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

A copy of the submission is included as Attachment – Representations and the response isprovided in Attachment – Applicant’s Response to Representations.

6. PLANNING & TECHNICAL CONSIDERATIONS


4This application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe subject land is approximately 2.2 hectares in area and consists of two separateallotments. The land is formally described as:

Allotment 12 in Deposited Plan 94407, Hundred of Onkaparinga in Certificateof Title Volume 6146 Folio 167; and

Allotment 13 in Deposited Plan 94407, Hundred of Onkaparinga in Certificateof Title Volume 6146 Folio 168.

The subject land is located on the eastern side of Swamp Road and is immediatelyadjacent to the intersection of Leslie Road in Lenswood. The land is approximately 8kilometres north of the Balhannah Township and approximately 1.5 kilometres southof the Lenswood cold stores.

Allotment 12 is a hammerhead shape allotment of 1.63 hectares. The front portion(handle) of the allotment contains a galvanised storage shed whilst the land to therear is vacant. The vacant land has a natural rise with a gradient of approximately 1in 7 toward the rear boundary and has been used for small-scale cropping in the past.

Photo 1: The existing shed at the front of Allotment 12


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Photo 2: The land at the rear of Allotment 12

Allotment 13 is generally rectangular in shape with a frontage of 70 metres to SwampRoad and a total area of 6347m². The land is occupied by a dwelling, a domestic shedand above-ground rainwater tank and a large rural shed (two sheds attached to eachother to form one building). The large shed is located some 50 metres from theSwamp Road boundary.

Photo 3: The existing dwelling on Allotment 13


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Photo 4: The existing rural shed on Allotment 13 viewed from Swamp Road

Photo 5: The existing rural shed on Allotment 13

ii. The Surrounding AreaThe subject land is situated within a rural area where land is used for a variety ofprimary production purposes, including cropping, vineyards and apple orchards.

To the north of the subject land are two large rural living allotments, with appleorchards located further north and north-west of these properties. Immediately tothe east is a large stand of native vegetation and apple orchards on both sides ofTiers Road. There are several small rural living properties along Swamp Road,particularly to the south of the subject land that are surrounded by primaryproduction activities. On the opposite side of Swamp Road to the west is mostlyvacant land that is used for small-scale cropping.


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The locality plan is provided below:


8iii. Development Plan Policy considerations

a) Policy Area/Zone Provisions

The subject land is situated within the Lenswood Policy Area of the Watershed(Primary Production) Zone. The zone and policy area provisions seek:

Lenswood Policy Area- retention of orchards and bushland;- retention of the Lenswood and Forest Range village character; and- no further provision of small rural living allotments.

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

Objectives: 1, 3PDCs: 1

The Watershed (Primary Production) Zone- maintain and enhance the natural resources of the Mount Lofty Ranges;- long-term sustainability of rural production;- preservation of native vegetation; and- enhancement of the amenity and landscape character of the Mount Lofty

Ranges.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2, 3, 4, 5PDCs: 1, 2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 17, 28, 29, 31, 32, 36, 37, 38, 39, 41,

42, 43, 44, 48, 51, 54, 55, 56, 57, 58, 59, 60, 61, 62, 70

Accordance with Zone and Policy AreaThe objectives of the Watershed (Primary Production) Zone primarily seek theprotection and enhancement of the natural environment and rural production withinthe Mount Lofty Ranges. The Lenswood Policy Area also seeks the “retention oforchards and bushland as the dominant uses”.

There are several zone provisions that provide specific guidance for new wineries andassociated activities within the Watershed area. These provisions actively envisagewineries provided their scale and operational activities do not result in adverseimpacts.

The proposal to operate a relatively small winery (maximum crush of 500 tonne perannum) from an existing shed would not have any significant impact upon the naturalenvironment or diminish the rural character or productive value of the land. Theproposed winery operations, which include a grape processing area, tank farm andbottled wine storage area, are to be fully contained within an existing shed andinclude appropriate on-site management measures to treat and contain waste water.The environmental impacts are considered in more detail below.


9Whilst the proposed winery is not located on an allotment with a vineyard oradjacent to an allotment with a vineyard as envisaged by Principle of DevelopmentControl 51 of the Zone, it will process grapes that are grown within the local area.Furthermore, the containment of the winery within the existing building wouldensure that much of the balance of the subject land (Allotment 12) is retained,possibly for small-scale primary production. The proposal is therefore considered tosatisfy Principle of Development Control 13, 16 and 17 of the Zone.

Accordingly, the proposed winery and associated waste treatment and operationalactivities is considered to be a desirable form of development that would meet theObjectives of the Zone and Policy Area by providing a primary production related landuse and maintaining the natural resources of the Mount Lofty Ranges Watershed.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development;- retention of rural character;- development that does not undermine the objectives of the zone and policy

area;- development that protects the character or amenity of the locality; and- safe and convenient traffic movements.

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

Objectives: 1, 4, 6, 8, 11, 13, 14, 15, 17, 19, 20, 21, 22, 57, 61, 62, 63, 64, 65, 68, 69,70, 71, 72, 73, 76, 77, 78, 87, 88, 90, 103, 104, 105, 106, 107, 119, 120,122, 123, 126, 127, 128, 129, 131

PDCs: 1, 2, 3, 7, 9, 13, 15, 20, 21, 22, 23, 25, 41, 42, 43, 44, 49, 53, 54, 56, 57,58, 59, 60, 63, 67, 68, 69, 153, 154, 156, 158, 159, 160, 174, 202, 203,204, 205, 209, 212, 213, 214, 216, 217, 227, 228, 229, 230, 231, 232,233, 234, 235, 237, 240, 244, 245, 248, 249, 296, 297, 298, 299, 300,303, 307, 358, 359, 366, 367, 368, 369, 372, 373, 375, 376, 377, 378,385

Land Use / Form of DevelopmentCouncil Wide Objectives 63, 64 and 65 support small-scale agricultural industries,such as wineries, in rural areas that generate employment and contribute to theeconomic base of the region through the processing of local produce.

The proposed winery will process no more than 500 tonnes of grapes per annum,meaning the overall intensity of the development will be relatively low and small-scale. The applicant has confirmed that all grapes to be processed at the winery areto be grown locally within the region, with most grapes sourced from the Lenswoodand Gumeracha areas. Outside of the vintage months (typically February to April), noprocessing activities are to take place. As the proposed winery is a small-scaleagricultural industry that would be compatible with surrounding rural uses andcontribute to the economic base of the region, the above-mentioned objectives aretherefore satisfied.


10The subject land is small rural holding and is akin to a rural living / hobby property.Most of the land is vacant and appears to have been used for small-scale cropping inthe past. As the subject land is within a rural area and is not large enough to sustainany productive form of agriculture, the land is considered suitable for a small-scaleand low impact agricultural industry (winery) as is being proposed. The proposaltherefore satisfies Council Wide Principle of Development Control 2, 3 and 174.

The proposal is considered to be an orderly and appropriate form of development froma land use perspective.

Appearance of Land and BuildingsThe proposal includes additions to the side and rear of an existing outbuilding (shed).The additions comprise a flat roof canopy with a floor area of 111m² and a postheight of 4.6 metres to be attached to the northern side of the shed. The canopy willprovide a covered loading area for delivery vehicles. The rear of the existing buildingwill also be extended to provide 144m² of additional floor space. The extension willhave a flat roof and a wall height of 3.9 metres above ground level. The new canopyand extension will be clad in corrugated sheeting finished in shale grey or a similarcolour.

As shown in Photo 4 above, the existing shed is well setback from the road frontageat a distance of at least 50 metres. The siting of the proposed canopy in line with thefront wall of the shed and the modest size and scale of the structure would ensure itblends with the existing building and does not impair the visual amenity when viewedfrom the road or neighbouring properties, as required by Council Wide Objectives 87,88 and 90. Similarly, the rear extension would not have any visual impacts as it islocated behind the existing building and has a low profile. The externals materialswould be non-reflective and of a light grey colour to blend with the existing buildingand its surrounds, in accordance with Council Wide Principle of Development Control235.

A bunded trade waste collection area is proposed at the rear of the winery building.The earthen bund will require only a small amount of battered fill that would notresult in any significant scarring of the land. The waste collection area would not bereadily visible from Swamp Road as the existing shed would screen it from view andthe bunded area is setback approximately 9 metres from the southern side boundary.

Waste ManagementThe proposed winery will crush up to 500 tonnes of grapes per year. The processing ofgrapes will produce both solid and liquid waste in the form of marc and stalks andwaste water. It is estimated that approximately 1090 kilolitres of waste water would begenerated per year. The solid and liquid waste will be managed as follows:

Grape marc will be stored within bins that are to be located within the winerybuilding. The marc bins will have a capacity of 500 kilograms and be emptied andtransported off-site at least once a week during vintage;

The winery production shed will be bunded and a series of grated drains providedto direct waste water to a sump and trade waste chamber;

All waste water will be pumped from the trade waste chamber to 2 x 22,500 litrepoly tanks within a bunded trade waste collection area behind the winery building;


11 Waste water from the storage tanks will be pumped to the covered loading area for

collection by a tanker truck at least every three days during vintage; and Any waste water sludge would be directed to the waste water storage tanks via a

‘wash and flush’ process and transported off-site.

All bottling of wine will take place off-site.

The application has been referred to the EPA as it would involve an activity of majorenvironmental significance (Schedule 22 of the Development Regulations 2008) byvirtue of the proposal comprising the processing of more than 50 tonnes of grapesper year within the Mount Lofty Ranges Water Protection Area.

The applicant has addressed the initial concerns of the EPA regarding the need toprovide more detailed information relating to waste and noise management. TheEPA considers the above proposed management measures, as outlined above, to beacceptable in mitigating odour and protecting the Mount Lofty Ranges Watershedagainst pollution and degradation of water quality. The proposal would thereforesatisfy Council wide Objectives 103, 104 and 105.

The EPA is satisfied that the “water quality impact on the Watershed would beneutral and the risk of environmental harm is low” provided the development isoperated in accordance with the application documents and the condition of consentand notations (as directed by the EPA).

Interface and AmenityA representation was received from the owner and occupier of the neighbouringproperty immediately south of the proposed winery building. The representor raisedconcerns with the noise to be generated by the grape processing, particularly withrespect to machinery noise associated with crushing and the pumping waste.


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Figure 2: Representors property in relation to the proposed development

The proposal will include some noise generating equipment, such as a crusher andpumps and require delivery vehicles to access the site from time to time particularlyduring vintage. Whilst it is typical for primary production activities within rural areasto generate some ‘periodic’ noise given that such activities often include tractors andother farm vehicles and machinery, Council Wide Principle of Development Control13 and 159 seek to ensure that new development adequately protects communityhealth and amenity whilst also supporting the operation of desired land uses.

In terms of minimising noise, all machinery and associated processing activities are tobe fully contained within the extended building as required by Principle ofDevelopment Control 56 of the Watershed (Primary Production) Zone. The applicanthas also confirmed that all processing activities will take place between 7:00am and5:00pm on all days during vintage (February to April), with only occasional access tothe building outside of vintage in order to collect and distribute stock. Pumpequipment will be located within the building, with only one external pump to besituated near the storage tanks behind the building. A condition of consent isrecommended to ensure that all door openings are kept closed when machinery is inoperation.


13Whilst some noise would be generated from delivery vehicles, any nuisance causedto nearby residential properties would not be significant as there would be no morethan two deliveries per day during period periods and such deliveries would takeplace within the daytime operating hours. Similarly, the use of forklifts would beduring daytime hours and forklifts would be fitted within flashing lights instead ofnoise generating warning devices.

The EPA has considered the proposed activities and noise mitigation measures beingproposed and considers that the proposed development is unlikely to exceed thegoal noise requirements of the Environment Protection (Noise) Policy 2007.

For the above reasons and subject to recommended conditions of consent, theproposal would not detrimentally affect the amenity of nearby residential properties orthe locality by way of noise, dust, fumes, traffic or vibration. The proposal isconsidered to satisfy Council Wide Principle of Development Control 13 and 159.

Access and Car ParkingThere is existing driveway access from Swamp Road to the proposed winery shed.The driveway will be widened somewhat and a turning area provided in front of theshed to accommodate a 14 metre long rigid vehicle. A staff car park forapproximately five vehicles will also be provided adjacent to the existing dwelling. Allaccess and car parking areas will be resurfaced with compacted rubble. The existingaccess point and on-site car parking and manoeuvring areas are considered safe andconvenient from a road safety perspective.

As already highlighted, the proposal would generate only two deliveries per dayduring period periods and only two staff would be on the premises at any one time.The low traffic generated by the proposed development during peak periods wouldensure there is no interference with traffic on Swamp Road or nuisance caused tonearby residential properties. There would also be adequate on-site car parking forstaff.

Given the above considerations, the proposal will not lead to conditions detrimental tothe free flow and safety of pedestrian and vehicular traffic on the surrounding roadnetwork. Accordingly, the proposal satisfies Council Wide Principle of DevelopmentControl 41, 43, 58 and 59.

Stormwater ManagementStormwater runoff from the roof of the extended winery building will be directed to 2x 22,500 litre rainwater tanks to be located in front of the building. Overflow fromthe tanks will be disposed via a stone filled trench and scour protection mattress.The management of stormwater runoff is acceptable.

Vegetation & Land ManagementCouncil Wide Objective 70 and 77 seek to protect existing native vegetation in orderto preserve the rural character and natural environment. The proposal will notrequire removal of any vegetation as the proposed winery operations will becontained within the extended building and the site for the waste treatment area isdevoid of vegetation. Furthermore, the small amount of earthworks required for thewaste treatment area would not lead to soil erosion or scarring.


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7. SUMMARY & CONCLUSIONThe proposed winery would contribute to the economic base of the region. The small-scalenature and daytime operation of winery would ensure the development is compatible withsurrounding rural and residential uses. The containment of all winery operations within anexisting shed and the provision of appropriate on-site management measures to treat andcontain waste water would sufficiently minimise external impacts and protect the naturalresources of the Mount Lofty Ranges Watershed.

The EPA is satisfied that the proposal would not result in adverse environmental impacts, such asnoise, odour and pollution.

The proposal is sufficiently consistent with the relevant provisions of the Development Plan, andit is considered the proposal is not seriously at variance with the Development Plan. In the viewof staff, the proposal has sufficient merit to warrant consent. Staff therefore recommends thatDevelopment Plan Consent be GRANTED, subject to conditions.

8. RECOMMENDATION

That the Council Development Assessment Panel considers that the proposal is not seriouslyat variance with the relevant provisions of the Adelaide Hills Council Development Plan, andGRANTS Development Plan Consent to Development Application 16/769/473 by Beyond Inkfor alterations and additions to outbuilding including change of use to a winery (maximum500 tonne crush per annum) and associated earthworks and storage tanks at Swamp RoadLenswood 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, unlessvaried by a separate condition:- Locality Plan (Drawing No. PA0103, Sheet 1 of 4) prepared by Beyond Ink dated 15

November 2016- Site Plan (Drawing No. PA0203, Sheet 2 of 4) prepared by Beyond Ink dated 15

November 2016- Ground Floor Plan (Drawing No. PA0303, Sheet 3 of 4) prepared by Beyond Ink

dated 15 November 2016- Elevation Plan (Drawing No. PA0403, Sheet 4 of 4) prepared by Beyond Ink dated

15 November 2016- Site Works & Drainage Plan (Drawing no. 161223 VCF 001) prepared by Lelio Bibbo

Pty Ltd dated 8 June 2017- Site Works & Drainage Plan (Drawing no. 161223 VCF 002) prepared by Lelio Bibbo

Pty Ltd dated 8 June 2017- Trade Waste Section Plan (Drawing no. 161223 VCF 003) prepared by Lelio Bibbo

Pty Ltd dated 8 June 2017- Letter prepared by Beyond Ink dated 10 May 2017- Letter prepared by Beyond Ink dated 16 November 2016- Letter prepared by Beyond Ink dated 27 September 2017

REASON: To ensure the proposed development is undertaken in accordance withthe approved plans.


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(2) External FinishesThe external finishes to the buildings herein approved shall be Colorbond Shall Grey ora similar colour finish to match or complement the existing building to the satisfactionof Council.

REASON: The external materials of buildings should have surfaces which are of alow light-reflective nature and blend with the natural rural landscape andminimise visual intrusion.

(3) Restriction on Retail SalesNo retail selling of goods shall be conducted on the subject land.

REASON: To ensure the proposed development is undertaken in accordance withthe approved plans.

(4) Door openingsAll external door openings within the winery building shall be closed shut at all timeswhen machinery (i.e. crushing) is in operation.

REASON: To minimise noise disturbance to surrounding properties.

(5) Commercial LightingFlood lighting shall be restricted to that necessary for security purposes only and shallbe directed and shielded in such a manner as to not cause nuisance to adjacentproperties.

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

(6) Operating HoursThe operating hours of the winery (including associated deliveries) shall be betweenthe hours of 7:00am and 5:00pm on any day during vintage (February to April), exceptfor deliveries to collect and distribute stock which may take place all year roundbetween the hours of 7:00am and 5:00pm.

REASON: To ensure minimal disturbance to surrounding properties.

(7) Removal of Solid WasteAll solid waste (i.e. grape marc) shall be stored within bins that are to be locatedwithin the winery building. Collection of bins shall take place at least once weeklyduring vintage between the hours of 7:00am and 5:00pm.

REASON: To maintain the amenity of the locality.

(8)Vehicle Access and Car ParkingAll car parking spaces, driveways and manoeuvring areas shall be designed,constructed and line-marked in accordance with Australian Standard AS 2890.1:2004.


16Line marking shall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructed of compactedgravel prior to occupation of the development and maintained in good condition at alltimes to the reasonable satisfaction of the Council

REASON: To provide adequate, safe and efficient off-street parking for users of thedevelopment.

(9) Unloading and Storage Of Materials and GoodsAll materials and goods shall at all times be loaded and unloaded within the confinesof the subject land. Materials and goods shall not be stored on the land in areasdelineated for use as car parking.

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

(10) Erosion ControlAll exposed excavations and fill as shown on site plan (insert plan reference) shall be:(a) rounded off and battered to match and blend with the natural contours of 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 coversprior to occupation of the approved development to the reasonable satisfaction ofCouncil.

REASON: To maintain the visual amenity of the locality in which the subject land islocated.

(11) Overflow from Rainwater TanksTo prevent erosion, overflow from rainwater tanks shall be managed on-site to thesatisfaction of Council, using design techniques such as:- grassed swales- stone-filled trenches- small infiltration basins

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

(12) EPA ConditionPrior to the commencement of the winery, the wastewater management system(including bunds, drains, sumps, wastewater storage tanks and alarms) must beconstructed/installed and operational.

REASON: To ensure the proposed development does not detrimentally impact theenvironment.

NOTES

(1) Development Plan Consent Expiry


17This Development Plan consent (DPC) is valid for a period of twelve (12) monthscommencing from the date of the decision (or if an appeal has been commenced thedate on which it is determined, whichever is later). Building Rules Consent must beapplied for prior to the expiry of the DPC, or a fresh development application will berequired. The twelve (12) month time period may be further extended by Councilagreement following written request and payment of the relevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall be undertaken in such amanner as to prevent denudation, erosion or pollution of the environment.

(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, as required bySection 25 of the Environment Protection Act 1993, to take all reasonable and practicalmeasures to ensure that the activities on the whole site, including during construction,do not pollute the environment in a way which causes, or may cause, environmentalharm.

An environmental authorisation in the form of a licence is required for the operationof this development. The applicant is required to contact the Environment ProtectionAuthority before acting on this approval to ascertain licensing requirements.lnformation on applying for a licence (including licence application forms) can beaccessed here:http://www.epa.sa.gov.au/business_and_industry/applying_for_a_licence

A licence may be refused where the applicant has failed to comply with any conditionsof development approval imposed at the direction of the Environment ProtectionAuthority.

The applicant is reminded of its obligation, as required by Clause 15 of theEnvironment Protection (Water Quality) Policy 2015, to effectively implement andoperate a wastewater management system on-site to ensure that waste generatedfrom the premises does not enter waters.

The applicant is reminded of the relevant provisions of the Environment Protection(Water Quality) Policy 2015 including the requirement to take all reasonable andpracticable measures to prevent or minimise environmental harm and the pollution ofwaters. The Environment Protection (Water Quality) Policy 2015 can be found at:http://www.epa.sa.gov.au/data_and_publications/standards_and_laws/environment_protectìon_water_quatlty_policy

The applicant is reminded of the relevant provisions of the Environment Protection(Noise) Policy 2007 that apply during construction and operation. The EnvironmentProtection (Noise) Policy 2007 can be found at:http://www.epa.sa.gov.au/data-and-publications/standards-and-laws/environment_protection_noise_policy

Due care should be taken to prevent or minimise adverse impacts on neighbours andto appropriately manage stormwater runoff during construction. Further guidance can


18be found in the EPA's Stormwater Pollution Prevention Code of Practice for theBuilding and Construction lndustry (March 1999)http://www.epa.sa.gov.au/files/47790-bccopl.pdf and the EPA's Handbook forPollution Avoidance on Commercial and Residential Building Sites (June 2004)http://www.epa.sa.gov.au/ files/761 9-building-sites. pdf.

EPA information sheets, guidelines documents, codes of practice, technical bulletinsetc can be accessed on the following web site: http://www.epa.sa.sov.au

9. ATTACHMENTSProposal PlansApplication InformationReferral ResponsesRepresentationsApplicant’s response to representations

Respectfully submitted Concurrence

___________________________ _______________________________

Sam Clements Deryn AtkinsonSenior Statutory Planner Manager Development Services


AGENDA

Applicant: David Sanders Landowner: A & C Haddad & DE Sanders

Agent: Alexander Symonds Ward: Marble HillDevelopment Application: 16/992/47316/D45/473

Originating Officer: Susan Hadley

Application Description: Land division - boundary realignment (non-complying)

Subject Land: Lot:102 Sec: P1005 DP:59816CT:6092/768Subject Land: Lot:PL103 Sec: P1005 DP:59816CT:5883/589

General Location: 74 & 78 Waterfall Gully Road,Greenhill

Development Plan Consolidated : 28 April2016Map AdHi/3, 42

Zone/Policy Area: Hills Face Zone

Form of Development:Non-complying

Site Area: 3.4 Hectares

Public Notice Category: 1 Representations Received: N/A

Representations to be Heard: N/A1. EXECUTIVE SUMMARY

The purpose of this land division application is to re-align the boundaries between twoallotments. The proposal is to realign the boundaries between existing allotments 103 and 102 byslightly increasing the area of allotment 103 to enable construction of a tennis court that forms aseparate development application. The land owner of Lot 103 currently carries out riparian andfire management on the piece of Lot 102 that is the subject of the realignment.

The subject land is located within the Hills Face Zone and is dissected by the Council boundarybetween Adelaide Hills Council and the City of Burnside. Land Division is a non-complying form ofdevelopment in accordance with Zone provision of development control 26. Accordingly, theproposal has been classified as a non-complying form of development. Although the proposalrepresents a non-complying form of development within the Zone, it is considered that thespecific proposal is minor in nature in that it seeks the re-alignment of a boundary to facilitate thebetter use of the a portion of land that is currently maintained by the proponent. The proposalhas been categorised as a Category 1 form of development in accordance with Schedule 9(Part1)(3)(c).

Following the submission of a Statement of Support prepared by David Sanders, Council resolvedto proceed with an assessment of the proposal in accordance with Regulation 17(3)(b). TheApplicant was advised that a Statement of Effect would not be required, pursuant to Regulation17(6)(c).

Both Council’s are the relevant authority in accordance with Schedule 10 of the DevelopmentRegulations and as per the CDAP delegations, the CDAP is the relevant authority for non-complying land divisions.

Council Development Assessment Panel Meeting – 5 September 2017David Sanders16/D045/473 (16/992/473)

2The main issues relating to the proposal are:

Whether the proposed allotments are an appropriate size within the locality;

The impact on the natural character of the Hills Face; and

Whether development potential is increased.

Following an assessment against the relevant zone and Council Wide provisions within theDevelopment Plan, staff are recommending that CONCURRENCE from the State CommissionAssessment Panel be sought to GRANT Development Plan Consent.

2. DESCRIPTION OF THE PROPOSAL

The proposal is for a boundary re-alignment involving two allotments which will result in thesame number of allotments. Essentially the smaller of the existing allotments being Lot 103, willincrease in size with the larger of the allotments Lot 102 decreasing by an equal amount.

Both allotments have frontage to Waterfall Gully Road. Allotment 103 comprises a dwelling withdomestic outbuildings, landscaped gardens and a watercourse along the northern boundary.Allotment 102 comprises a dwelling and outbuildings and is sited in an elevated position that isnot clearly visible from the road.

The boundary realignment proposes to extend the northern boundary of allotment 103 to theeast. This portion of land is not used for any particular purpose and is located behind existingbuildings and therefore not visible from the public road. The owner of allotment 103 currentlymaintains this portion of land as an extension to his land by slashing the grass and controllingpest plants.

Existing Allotments

Allotment Area (ha) Currently containing

103 3212m² Dwelling and domestic outbuildings

102 3.13 hectares Dwelling and domestic outbuildings

Proposed Allotments

Allotment Area (ha) Will contain

113 4210m² Dwelling and domestic outbuildings

112 3.04 hectares Dwelling and domestic outbuildings

The proposed plans are included as Attachment – Proposal Plans with other informationincluded as Attachment – Application Information.


33. BACKGROUND AND HISTORY

Existing Allotment 103:The dwelling on Allotment 103 is a local heritage building located in the City of Burnside as theCouncil boundary is slightly north east of the dwelling.

March 24, 2009 2008/1144/473 Council approved an inground swimming pool & fencing

Existing Allotment 103:1992 Records indicate the dwelling constructed on Allotment 102, is located

within the Adelaide Hills Council however no records were found due tothe age of the building (estimated to be Approximately 25 years old)

October 2, 2014 14/721/473 Council approved a domestic outbuilding and associatedearthworks

4. REFERRAL RESPONSES

Local Heritage

No referrals were required for this application, however the City of Burnside sought commentfor their Local Heritage adviser. The Heritage adviser’s advice that was forwarded to AdelaideHills Council stated:

“The boundary realignment will be to the rear boundary, located well away from the physicalfabric of the local heritage place. The realignment of the boundary will not physically alter theheritage place. Later construction of a tennis court in the location anticipated in the realignedboundary at the rear of site would be unlikely to have a visual impact on the place.

No heritage issues.”

5. CONSULTATION

The application was categorised as a Category 1 form of development not requiring formalpublic notification.


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

i. The Site’s Physical CharacteristicsThe subject allotments are located on the eastern side of Waterfall Gully Roadadjacent National Park land to the north and north east currently owned by theMinister for Sustainability. The combined area of both allotments is 3.4 hectareswith each allotment being held in separate ownership.

Allotment 103 is gently sloping to the east and currently used for residential land useand comprises a dwelling, associated domestic outbuilding and swimming pool setamongst landscaped gardens covering the entire allotment. A watercourse traversesthe northern boundary.


4Allotment 102 is steep in comparison to Allotment 103 and rises from Waterfall GullyRoad to the south east. Allotment 102 is also used for residential land use,comprising a detached dwelling, swimming pool and domestic outbuildings. Howeverthe subject land is significantly larger and still contains much of the natural elementsthat characterise the Hills Face Zone. The buildings are relatively hidden from thepublic view due to the topography of the site.

Both sites contain existing on-site waste management systems which will not beimpacted by this proposal.

ii. The Surrounding AreaThe surrounding locality comprises steep topography covered by native vegetationthat is largely held in ownership of the Minister for Sustainability Environment andConservation. The land which has been preserved in its natural form is primarily usedfor public recreation whereby everyone has the opportunity to enjoy the naturalcharacter of the area.

Several smaller allotments align Waterfall Gully Road further south of Allotment 102and adjacent the subject land on the western side of Waterfall Gully Road whichforms the Council boundary with the City of Burnside. These parcels are existingresidential allotments comprising dwellings.

The locality is characterised by its steep topography, native vegetation andwatercourses.

The locality plan is provided below:

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


5The subject land lies within the Hills Face Zone and these provisions seek:

Hills Face Zone- Retention of the natural character of the Hills Face as a backdrop in contrast

to metropolitan Adelaide- Preservation of native vegetation and habitats- Limit visual intrusion of development in the zone- Maintain the Hills Face as a buffer between metropolitan Adelaide

Objectives: 1 and 2

PDCs: 1, 10 and 26

Whilst the Hills Face Zone is not a residential zone, the subject allotmentsmaintain existing residential land uses. The proposed boundary realignmentwill not change the current land use for the affected allotments. There will beno visual intrusion as a result of the boundary realignment and the naturalcharacter of the Hills Face Zone will not be impacted by the realignment of theboundaries. No additional allotments are proposed.

The proposal is therefore considered to accord with Objectives 1 and 2 andPDCs 1, 10 and 26 as it does not increase the number of allotments or potentialdemand on provision of services and will not have a visual or physical impacton the locality.

Impact on the Hills FaceIt is considered that the proposal is generally in accordance with the intent of theZone. There are no additional allotments proposed therefore no potential forincreased residential development will occur as a result of this land division.

Compatibility of proposed allotments with locality / size of allotmentsThe proposed boundary realignment will retain the consistency of the allotment sizesin the locality. Whilst data on the allotment sizes in the City of Burnside was notavailable, the application does not propose additional allotments and a visualexamination of allotments as seen in the locality plan demonstrates that bothallotments are significantly greater than those existing allotments comprisingresidential land uses.


The Council Wide provisions of relevance to this proposal seek (in summary):

i. Development to be undertaken on land that is suitable for the intended purpose,whilst also having regard for the zoning of the land

ii. Prevention of the continued encroachment of urban development into ruralareas

iii. Retention of rural areas for the maintenance of the natural character, andiv. Protection of the Mount Lofty Ranges Watershed from pollution.


6The following are considered to be the relevant Council Wide provisions:

Objectives: 1 5 and 10

PDCs: 3, 9, 30, 31, 32 and 39

Form of DevelopmentThe proposed development is considered to be orderly and economic as bothallotments have existing public road frontage and no additional access points areproposed. The proposal is therefore considered to accord with Objectives 1 and 10.

Land Use - Appropriateness of DevelopmentThe proposal to realign the boundaries will not alter the existing land use of thesubject allotments, nor will it impact on the effective use of other land in the locality.

There is no consistent pattern of allotments within the locality as the majority ofallotments are irregular in shape. The existing allotments in this proposal are alsoirregular in shape. The proposed realignment is likely to have minimal impact on thelocality as the realignment is located behind existing buildings and will not be visible.The proposal is therefore considered to accord with PDCs 3, 9 and 32.

Native VegetationUnder the Native Vegetation Act 1991 any vegetation within 5 metres of a boundaryis not protected and can be removed without the need to obtain an approval fromNative Vegetation Council. The portion of land being considered in this proposal isgenerally void of native vegetation and comprises mostly weeds which the landownerof Allotment 103 currently manages. The proposed boundary realignment is notconsidered to increase the impact on native vegetation and therefore accords withPDC 30.

Local Heritage ImpactThe existing dwelling on Allotment 103 is identified as a place of Local Heritagesignificance within the City of Burnside. Heritage advice received confirmed therealigned boundary at the rear of site would be unlikely to have a visual impact onthe Local Heritage Place. The proposal is therefore considered to accord with PDC39.


7

7. SUMMARY & CONCLUSION

The proposal does not create additional allotments and the boundaries to be altered arepredominantly behind existing buildings and not visible from a public road. Both of theallotments are currently used for residential purposes and the proposal will not significantly alterthe land. No additional access points are being created. The proposal seeks to realign Allotments103 and 102 which will result in a transfer of approximately 998m² of land from Allotment 102 toLot 103, creating Allotments 113 and 112. No easements are impacted by the proposal.

The proposal represents a minor boundary realignment to facilitate the better use of the land bytransferring the northern most portion of Allotment 102 onto the title of Allotment 103. This willpermit better riparian management and fire management by the land owner of Allotment 103.

The proposal does not impact on the character of the locality and will not result in altering theallotment sizes to any significant degree.

The proposal is sufficiently consistent with the relevant provisions of the Development Plan,despite its non-complying nature, and it is considered the proposal is not seriously at variancewith the Development Plan. In the view of staff, the proposal has sufficient merit to warrantconsent. Staff therefore recommend that CONCURRENCE from the State CommissionAssessment Panel be sought to GRANT Development Plan Consent and Land Division Consent,subject to conditions.

8. RECOMMENDATION

That the Council Development Assessment Panel considers that the proposal is not seriouslyat variance with the relevant provisions of the Adelaide Hills Council Development Plan, andseeks the CONCURRENCE of the State Commission Assessment Panel to GRANT DevelopmentPlan Consent and Land Division Consent to Development Application 16/992/473(16/D45/473) by David Sanders for Land division - boundary realignment (non-complying) at74 & 78 Waterfall Gully Road, Greenhill subject to the following conditions:

Planning Conditions(1) Development In Accordance With The Plans

The development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions accompanying the application, unlessvaried by a separate condition:

Plan of Division prepared by Alexander Symonds (Dwg No A128215PROP(B))

REASON: To ensure the proposed development is undertaken in accordance with theapproved plans.

Planning Notes

(1) Development Plan ConsentThis Development Plan Consent is valid for a period of twelve (12) monthscommencing from the date of the decision (or if an appeal has been commenced,the date on which the appeal is determined, whichever is later). Building RulesConsent must be applied for prior to the expiry of the Development Plan Consent,


8or a fresh development application will be required. The twelve (12) month periodmay be further extended by written request to, and approval by Council.Application for an extension is subject to payment of the relevant fee.

Council Land Division Notes

(2) Land Division Development Approval ExpiryThis development approval is valid for a period of three (3) years from the date ofthe decision notification. This time period may be further extended beyond the 3year period by written request to and approval, by Council prior to the approvallapsing. Application for an extension is subject to payment of the relevant fee.Please note that in all circumstances a fresh development application will berequired if the above conditions cannot be met within the respective time frames.

9. ATTACHMENTS1. Proposal Plans2. Application Information


___________________________ _______________________________

Susan Hadley Deryn AtkinsonStatutory Planner Manager Development Services


AGENDA

Applicant: Ms Michele Edwards Landowner: P J Edwards & M G Edwards

Agent: Richard Retallack Ward: Torrens ValleyDevelopment Application: 2011/D38/473 Originating Officer: Deryn Atkinson

Application Description: Variation to land division to create 43 allotments from one allotment,undertaken in five stages and the removal of six (6) regulated trees (5 Eucalyptus camaldulensis -river red gum and 1 Eucalyptus leucoxylon - SA blue gum) (SCAP decision) - varied by amendedplan 16 June 2017 to provide additional Council reserve area and minor changes to Allotments 18,19 and 20

Stage 1: Bulk earthworks, realignment of watercourse, and creation of allotments 1 to 11inclusiveStage 2: Creation of allotments 12 to 15 inclusive and 33 to 39 inclusive, removal of sixregulated trees (5 Eucalyptus camaldulensis - river red gum and 1 Eucalyptus leucoxylon- SA blue gum) and road reserve allotments 45 and 46Stage 3: Creation of allotments 16 to 23 inclusive and road reserve 44Stage 4: Creation of allotments 24 to 32 inclusive and making of remaining roadStage 5: Creation of allotments 40 to 43 inclusive and reserve allotments 47 and 48

Subject Land: Lot 100 CT:6165/691 and Pieces41 and 42 CT:6086/355 and closed road

General Location: Lot 100 Springhead Road(formerly 42 Springhead Road), and Pieces 41 &42 Onkaparinga Valley Road, Mount Torrens

Development Plan Consolidated : 28 April2016Map AdHi/10 and Map AdHi/46

Zone/Policy Area: Country Township (MountTorrens) and Watershed (Primary Production)Zone

Form of Development:Merit

Site Area: 10.898 hectares

Public Notice Category: 1 Representations Received: N/A

Representations to be Heard: N/A

1. EXECUTIVE SUMMARY

The purpose of this variation to the previously approved land division is to re-align theboundaries of the proposed Council reserve area and the primary production land in approvedPiece 50. It involves additional reserve area of 3.05ha and the consolidation of portion of closedroad and all reserve areas into one parcel of land. The variation also includes minor amendmentsto the boundaries of allotments 18, 19 and 20 and the roadway in stage 3 to create a compliantturning head for CFS and Council rubbish trucks and amends the previously approved stormwaterdetention system.

Council Development Assessment Panel Meeting – 5 September 2017Michele Edwards473/D38/11 - variation

2The subject land is located both within the Country Township (Mount Torrens) and theWatershed (Primary Production) Zone and is a Category 1 merit form of development asdetermined by the State Planning Commission who are the relevant authority in this instance.The eastern boundary of the closed road reserve is the boundary of the township of MountTorrens. The closed road reserve and approved Piece 50 are located in the Watershed (PrimaryProduction) Zone. The State Commission Assessment Panel (SCAP) is the relevant authority inaccordance with clause 7 of Schedule 10 of the Development Regulations 2008, as the variationto the land division involves a land division outside a township in the Mount Lofty RangesWatershed. The former Development Assessment Commission was the relevant authority for theoriginal proposal.

As per the CDAP delegations, the CDAP is the relevant authority to make comment to the SCAP inthis instance, as the proposal involves a land division of more than 10 allotments. No variation tothe Land Management Agreement is proposed.

The main issues relating to the proposal are the creation of an additional part allotment in theWatershed Primary Production Zone, the reduction in primary production land to create theproposed open space and the appropriateness of this is the locality, the intrusion of urbandevelopment outside the township and the impact of retaining walls around a number of theprotected regulated trees.

The Council resolved at its meeting on 25 July 2017 when considering the donation of reserveland from Mr & Mrs Edwards that subject to the approval of the land division variationapplication 473/D38/2011 by the Development Assessment Commission and the requiredCouncil engineering approvals for the infrastructure, being obtained:

1. That Council accepts from Paul & Michele Edwards (the Developer), the donation ofadditional reserve Iand as described in Appendix 6 - Amended Plan of DivisionRev K dated 16.06.2017 Agenda Item 14.1, subject to the following conditions:

a. The Council specified construction standards are metb. The cost of all works are to be met by the Developerc. The Developer enters into a Iegally binding Landscape Maintenance

Agreement to agreed maintenance standards for a period of ten (10) yearsd. The Iandscaping works are completed within two (2) years from the date of

final approval.

2. That, in the event that there is a dispute between the Council and the Developer, thedispute is referred to an Independent Arbiter for resolution, with costs being shared equallyby the parties.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff are recommendingthat the Development Assessment Panel SUPPORT this variation to land division 11/D38/473 andadvise the State Commission Assessment Panel accordingly.

2. DESCRIPTION OF THE PROPOSAL

The approved plan of division (Revision G) is for a sub-division consisting of:

Forty Two (42) residential allotments ranging in size from 3154m2 to 720m2 One allotment for the approved CFS facility (allotment 11)


3 Two reserve allotments (allotments 47 and 48) Three road allotments and the making of the new road in the existing road reserve

that separates approved piece 50 and the residential allotments A shared bike/pedestrian track within the existing road reserve (extending from the

unnamed public road to the south to Onkaparinga Valley Road The removal of six (6) regulated trees (5 Eucalyptus camaldulensis - river red gum and 1

Eucalyptus leucoxylon - SA blue gum); on proposed allotments 35, 36, 37 and 38 and the roadin Stage 2

Realignment of the watercourse that extends through the land from proposed Allotments 29-32 to west of the road reserve on approved Piece 50; with landscaping of the watercourseand reserve areas

Stormwater detention basins on approved Piece 50 Construction of a retaining wall at the rear of future stage four allotments and

existing residences on Springhead Road (maximum height 1m) Registration of the Land Management Agreements (LMA) providing tree protection

zones and restricting the height of future dwellings to single storey along Springhead Roadand on allotments 12-19 and tree protection zones for allotments 33 to 39.

The amended plan of division (Revision K) submitted involves the following variations:

Minor change in the shape of allotments 18 and 19 and reduction in the size of allotment20 to accommodate an emergency vehicle and Council rubbish truck turning head in roadreserve 44

Easement provided to lot 32 Amendment in the size of the stormwater detention basins with one of the three basins

moved to the reserve land at the northern end of the land division Realignment of the boundaries of approved reserve areas 47 and 48 to include a portion of

closed road and approximately half of approved Piece 50 (in the Primary Production Zone)to create one large reserve of 3.86ha and to reduce the size of the allotment containingPieces 50 and 49 from 5.488 ha to 3.056ha. This increases the Council reserve area fromthe previously approved 8095m2 to 3.086ha.

Relocation of the walking track is proposed through the enlarged reserve area rather thanwithin the closed road as previously proposed

Re-design of the stormwater detention system with inclusion of detention basins on thereserve land north of the residential allotments and on the proposed reserve land outsidethe township

The reserve landscaping plan includes a mixture of local native plants, grasses and botheucalyptus and oak trees and a community garden. Manchurian Pear street trees areincluded in the landscaping plan.

Dry-stone retaining wall structures are proposed around tree 40 in the main road reserveand around trees in Stage 2 (retrospective development)


4Approved Allotments

Allotment Area (ha) Currently containing

18 770m2 Vacant land


20 3154 Vacant land

Pieces 49 & 50 5.488ha Primary Production and stormwater detentionbasins for the land division and realignedwatercourse

Reserve 47 & 48 8095m2 Reserve

Variation Allotments

Allotment Area (ha) Containing

18 770m2 Vacant land (corner cut-off removed)



Pieces 49 & 50 3.056 ha Primary Production

Reserve 47 3.86 ha Reserve and stormwater detention basins for theland division, realigned watercourse and walkingtrack and portion of the closed road not requiredfor the residential land.

The variation plans are included as Attachment – Proposal Plans.

The previously approved plans are included as Attachment – Previous Approved Plans andDNF and Attachment – Previous Supporting Information.

Information regarding the rationale for the enlarged reserve is provided as Attachment –Council Meeting Appendix 8.

The Land Management Agreement is included as Attachment – Land Management Agreement.

3. BACKGROUND AND HISTORY

July 25, 2017 Agreement to the vesting of the additional reserve area inCouncil by resolution of Council subject to the approval of thevariation to land division 11/D38/473

June 26, 2017 Council Engineering grants approval for works for Stage 5(allotment 40, 41, 42 and 43)


5June 19, 2017 Amended plan GS2033LDAPPL07MTTORRENS Stage 1 to 5 Sheet

1 Revision K dated 16/06/17 uploaded to Edala

August 23, 2016 Transfer of Land Surveyor from GS Surveys to Richard Retallack

March 30, 2016 Council Engineering grants approval for bulk earthworks

October 01, 2015 DAC granted clearance for Stage 1

March 18, 2013 11/D38/473 DAC Approved the Land Division subject to 18conditions

February 20, 2013 Execution of Water Supply Agreement for Council to supply upto 50 Mega Litres of water in any calendar year from theCouncil’s Birdwood Community Wastewater ManagementScheme to the dam on Mr and Mrs Edwards’ land at the cornerof Muellers and Torrens Valley Road, Birdwood

December 4, 2012 11/D38/473 CDAP supported Land Division based on Plan ofDivision prepared by GS SurveysGS2033LDAPPL07MTTORRENS Stage 1 to 5 Sheet 1 Revision Gdated 26/11/12

The previous CDAP report and minute of the meeting is included as Attachments CDAP Report4 December 2012 and CDAP Minutes 4 December 2012.

The Council Meeting Minutes from 25 July 2017 are included as Attachment – Council MeetingMinutes 25 July 2017.

4. REFERRAL RESPONSES

AHC ENGINEERING DEPARTMENT

Further amendments are required to the civil design drawings to meet Council’s requirementsas outlined to the developer in the Council’s email of 30 June 2017. A site meeting betweenengineers was held 18 July 2017 and agreement has been reached on the amendments thatare required.

The detention basin system is not considered to increase the flow rate downstream and willminimise stormwater discharge from the development site. Civil designs require CouncilEngineering approval once the requested amendments have made and the drawingsresubmitted.

The rock treatments around the protected trees are over 1m in height and are constructed arein the TPZ of the trees. Supporting documentation is required to demonstrate the health of thetrees are not impacted upon by the structures. In accordance with the Council resolution of 25July 2017 Council will require the developer to enter into a Landscape Maintenance Agreementfor the Reserve Area for a maintenance period of 10 years.

The request for the tree information is included in the recommendation.


65. CONSULTATION

The variation proposal was categorised as a merit Category 1 form of development by theState Planning Commission on the basis that whilst it involves the creation of a new partallotment in the Watershed Primary Production Zone where it did not exist before, it is forreserve area only. No formal public notification is required for Category 1 forms ofdevelopment.


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

i. The Site’s Physical CharacteristicsThe subject land is 10.898ha in size with a frontage of 57.63m to Onkaparinga ValleyRoad, 356.47m to Springhead Road and 120.7m to the unnamed road to the south. Theland is separated by a 20m wide closed/unmade road reserve and the eastern boundaryof the road is the Mount Torrens country township zone boundary.

The subject site is largely cleared land with scattered gums and a concentrated group ofgums is situated in the southern portion of the land. The land is gently undulating with acrest in the location of approved allotments 12 to 15. A watercourse exists in thenorthern portion of the land with a western tributary. The land has been modified aspart of the bulk earthworks undertaken and the watercourse has been realigned via anetwork of three basins which was approved in Water Affecting Permit A11010. Theallotments in stage 1 along Springhead Road have been created and two dwellings nowexist with a third dwelling approved.

ii. The Surrounding AreaThe locality is a mixture of residential and rural allotments. Dwellings exist on theallotments to the north and east of the subject land. These allotments range in size from732m2 to 4.28ha, with the majority between 1000-2000m2. The locality includes theState Heritage Area (Mount Torrens) and the Mount Torrens Hotel which is situated atthe intersection of Onkaparinga Road, Townsend Street, Terlinga Road and SpringheadRoad and is diagonally opposite the subject land.

Rural land in the locality varies in size from 1.87ha to 33.7ha to and is predominantlygrazing, vineyard and rural residential allotments.


7The locality plan is provided below:

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

The subject land lies within the Country Township (Mount Torrens) and theWatershed (Primary Production) Zones. The closed road reserve and approved Piece50 is located in the Watershed (Primary Production) Zone. The Development Plandoes not contain specific zone Objectives or Principles of Development Control forthe Township of Mount Torrens other than for the State Heritage Area (MountTorrens). Therefore the Council Wide and Watershed (Primary Production) Zoneprovisions apply. The Watershed (Primary Production) Zone provisions seek:

i. The enhancement of the Mount Lofty Ranges Watershed as a source of highquality water

ii. Maintenance and enhancement of natural resources of the South Mt LoftyRanges

iii. Long-term sustainability of rural productioniv. The enhancement of the amenity and landscape of the south Mt Lofty Ranges

for the enjoyment of residents and visitors.

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2, 3, 4, 5PDCs: 10, 14, 15, 16, 17, 19, 20, 21, 22, 27, 32, 33, 34, 37


8Maintaining natural and rural landscape and primary production land

It is considered that the variation proposal is in accordance with Objectives 1, 2 and 5and Principles of Development Control (PDCs) 14, 15, 21 and 22 of the WatershedPrimary Production Zone. The reserve land does not detract from the natural andrural landscape, is unlikely to result in greater risk of pollution of surface orunderground waters than would occur through development of the existingallotments and the variation proposal will enhance the amenity and landscapearound Mount Torrens. It also creates two allotments of a similar size in reducedPiece 50 (3.056ha) and the varied Reserve lot 47 (3.86ha) and the variation isconsidered to in accordance with WPP Zone PDC 22 which seeks allotments of a sizeconsistent with those in the locality.

However the proposed reduction in the size of approved Piece 50 does reduceprimary production land and the enlargement of the reserve area into the Watershed(Primary Production) Zone is not in general accord with PDCs 17 and 19(b). Despitethis reduction it is debatable whether the enlarged reserve will prejudice primaryproduction and impact on the long-term sustainability of rural production in theMount Lofty Ranges. The reserve will provide a buffer between residentialdevelopment and the primary production that might occur to the west of the landdivision and may therefore prevent potential land use conflict. In this way the reservemay achieve long term sustainability of rural production on the remainder ofapproved Piece 50 and is not considered inconsistent with Zone Objective 3.

Native vegetation and Conservation

The variation proposal varies the original landscaping layout plan (refer page 53 ofthe Attachments). The new landscaping plan (refer page 3 and 4 of the Attachments)proposes native grasses, native plants and a mixture of eucalyptus and exotic trees inthe landscaping of the reserve. These trees will complement the existing largeeucalyptus trees on the land. The relocation of the proposed walking track to thereserve has no greater impact than the original proposal and creates minimaldisturbance to native vegetation. It also provides linkage with the proposed MountTorrens Loop track. These matters are elaborated upon in the Vision Statement forDunnfield (refer page 225 of the Attachments). Through the consolidation of portionof the closed road and realignment of the boundary of approved Piece 50 and thereserve land, the number of allotments over areas of native vegetation is notincreased by the variation proposal but actually reduced. The variation proposal istherefore considered to be consistent with Zone Objectives 4 and 5 and PDCs 10, 27,33, 34 and 37.


The Council Wide provisions of relevance to this proposal seek (in summary):

i. Development to be undertaken on land that is suitable for the intendedpurpose, whilst also having regard for the zoning of the land

ii. Protection of productive primary production land from conversion to non-productive or incompatible uses


9iii. Retention of rural areas and the maintenance of natural character and the rural

beauty of Mount Lofty Rangesiv. Urban development limited to infilling of existing built-up areas and compact

extensions of existing built-up areas in an orderly and economic mannerv. Development that does detrimentally affect the character or amenity of

localitiesvi. Creation of safe, convenient and pleasant living environmentsvii. Land divisions with local open space and suitable recreation areasviii. Allotment boundaries which do not interfere with native vegetation

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

Objectives: 1, 2, 4, 5, 6, 10, 24, 54, 61, 62, 66, 68, 70, 75, 79, 77- 82, 87, 88, 90, 100,104, 105, 111, 112, 127

PDCs: 2, 3, 16, 28, 29, 30, 32, 36, 37, 39, 147, 174, 202, 203, 205, 213, 214,218, 219, 228, 229, 230, 231, 234, 289, 296, 299, 333, 335, 367, 368,370-372, 375

Form of Development and Land Division

The residential development approved is located within the township boundary ofMount Torrens where residential development is expected. The variation proposal isconsidered to be orderly and economic and the land is suitable for its intended use inaccordance with Council Wide (CW) Objectives 1, 2 and 10 and PDCs 2, 3, 16 and 32.As mentioned earlier in the report the enlarged reserve area will provide a bufferbetween the residential land use and rural land use. In addition to avoiding potentialland use conflict, the reserve will contribute to a convenient and pleasantenvironment for the residents of Mount Torrens to live.

The variation proposal sets aside usable local open space adjacent to the Township ofMount Torrens. The size, shape and location of the amended reserve are consideredto make it suitable open space and the land is not shown to be at risk of flooding. Thevariation is thus considered consistent with the relevant points of CW PDCs 28 and 29and with Objectives 54, 80-82 and PDCs 147, 218 and 219 which seek theestablishment of suitable recreation areas, conveniently located to the populationthey will serve to cater for outdoor recreation activities, including pedestrian andbike paths.

Watershed Protection

Whilst the variation proposal is creating a part allotment in the Watershed (PrimaryProduction) Zone, it is not increasing development potential. As such there is nosignificant increased risk of pollution of the Mount Lofty Ranges Watershed throughthe creation of the enlarged reserve area. The variation proposal is considered to bein general accordance with CW Objectives 104 and 105 and PDCs 296 and 299.


10Preservation of native vegetation

The variation proposal consolidates a portion of closed road reserve and approvedreserve areas with the amended stormwater detention basin land and the amendedallotment boundaries do not impact on native vegetation. Natural vegetation isbeing preserved and further planting is proposed in the enlarged reserve area.Existing vegetation is being consolidated into a single reserve allotment inaccordance with CW Objectives 70, 75 and 79 and PDCs 30, 203, 213 and 214.

Discussion of regulated trees is included in the Vegetation & Land Managementsection of this report below.

Protection of Primary Production Land and Rural Character

CW Objectives 4-6, 61- 66, 77, 87, 88 and 90 and PDCs 174, 205, 229-231 and 234seek urban development contained within Country Towns, the protection ofsurrounding primary production land from urban development, the retention of ruralareas for primary production and conservation purposes and the maintenance of thenatural character and rural beauty of the Mount Lofty Ranges. Whilst the variation isproposing reserve land associated with residential development and earthworks tocreate the stormwater detention basins as urban development, the proposed openspace is to be landscaped and developed in a manner to maintain natural characterand to minimize impairment to the amenity of the locality. The alteration to theexisting land form is regarded as acceptable and once landscaped the earthworks willnot be extensively visible from the surrounding locality, in accordance with the PDC230. The variation proposal is not considered to be a serious departure from theprovisions of the Development Plan on this basis even though it does result in thereduction of primary production land.

Conservation and Enhancement of Land Adjoining Scenic Routes

CW Objective 68 and PDCs 202 and 228 seek the conservation or enhancement ofland adjoining scenic routes. The subject land has frontage to Onkaparinga ValleyRoad which is a scenic route specified on Figure AdHi(EC)/1 in the Development Plan(refer page 63). The variation provides more open space and landscaping of this andthe detention basin system. The development is thus considered to enhance the landand not impact on the Scenic Route.

Impact on State Heritage Area

CW Objective 100 and PDCs 39 and 289 seek the enhancement of historic characterand for development adjoining a State Heritage Place to complement the heritagecharacter of the area. The southern boundary of the State Heritage Area of MountTorrens adjoins the north eastern boundary of the approved reserve area as shownon the extract of Map AdHi/10 below. All properties within the State Heritage Areaare considered State Heritage Places and therefore the land division adjoins StateHeritage Places. The variation proposal is considered to complement the heritagecharacter providing a physical separation of the approved residential developmentfrom the older buildings of Mount Torrens and a historical well has been restored


11using local stone as part of the establishment of the reserve land. The variationproposal is consistent with the intent of the Development Plan in this regard.

Figure 1: Extract from Map AdHi/10 Adelaide Hills Council Development Plan

Stormwater Management & potential for Flooding or Erosion of the land

The stormwater detention system is envisaged by Objective 127 and PDC 370. Whilstthe basins do provide some intrusion into the rural land in approved Piece 50 thebasins are integrated with open space and the surrounding area as envisaged by PDC37. Whilst the basins do affect drainage lines the realignment of the watercourse wasin the original approved proposal and subject to a water affecting activity permit.Engineering calculations have been provided and the detention basins are notconsidered by Council Engineering staff to increase the flow rate downstream andwill minimise stormwater discharge from the development site. Civil designs requireCouncil Engineering approval and amendments have been discussed to addressCouncil requirements. The completion of the infrastructure to these approveddesigns is required before the vesting of land in Council. The variation proposal isconsidered to be generally consistent with the intent of CW Objectives 24 and 127and PDCs 30, 36 and 37, 367, 368, 370-372, 375.

Note condition 7 of the existing Development Approval requires detailed civilconstruction designs, survey and specifications to be submitted and approved byCouncil engineering prior to commencement of work for each stage of the landdivision. Further approval conditions require the works in the approved constructiondesigns to be constructed to the reasonable satisfaction of Council prior to section 51clearances for each stage. Similarly, a condition is recommended that prior to thevesting of the reserve the works required by the stamped approved design drawingsand the landscaping plan are completed to the reasonable satisfaction of Council(Refer recommended condition 2).


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Solid Waste Disposal

The variation to the road reserve 44 in Stage 3 has been made to accommodate theturning manoeuvre for Council rubbish trucks.

Fire Protection issues

The variation to the road reserve 44 in Stage 3 has been made to accommodate theturning manoeuvre for a CFS vehicle.

Vegetation & Land Management

The approved land division included the removal of six (6) regulated trees (5Eucalyptus camaldulensis - river red gum and 1 Eucalyptus leucoxylon - SA blue gum).These trees are numbered as tree 17a, 18 (lot 36), 20 (lot 38), 21 (lot 37), 24 (lot 35)and 27 (in road of in Stage 2). Other trees to be conserved and preserved in thedevelopment of the residential land have tree protection zones (TPZ), as discussed inthe previous Arborist Report (refer page 184 of the Attachments). A LandManagement Agreement also defines building envelopes on allotments withprotected trees.

Rock retaining walls have been constructed in the TPZ of a number of regulated treesin Stage 2 and around Tree 40 in the road adjacent to allotments 28 and 29. There isconcern that this construction may impact on the health of the trees. Furtherinformation is required to confirm that the design of these walls and the earthworksundertaken are not causing or will not cause tree damaging activity as sought byObjectives 111 and 112 and PDCs 333 and 335. This is included in therecommendation.

Environmental/Public Health issues

Engineering have requested the civil design drawings for the stormwater detentionbasins to will include batters of less than 1 in 4 for public safety.

Construction issues

A Soil Erosion Drainage Management Plan has been provided as part of the bulkearthworks plans and has been implemented.

Land Management Agreement (LMA)

The LMA is not proposed to change as a result of the variation plan.

Other Matters

Council is seeking a separate Landscape Maintenance Agreement with the developerin relation to the reserve to be vested in Council.


137. SUMMARY & CONCLUSION

It is considered that the proposed variation to the previously approved land division to create alarger reserve including land outside of the township of Mount Torrens will not detract fromthe rural landscape character of the locality. The integration of the stormwater detentionsystem within the proposed open space and the landscaping of both the stormwater detentionbasins and the reserve will enhance the amenity of the locality and maintain natural character.The reserve will provide useable open space for the both residents of Mount Torrens andvisitors and will consolidate native vegetation onto one reserve allotment rather than beingspread over several. The proposed variation will not impact on heritage value of the StateHeritage Area (Mount Torrens) or the scenic route of Onkaparinga Valley Road.

Whilst the variation is realigning the boundary of land in the Watershed (Primary Production)Zone and will result in a reduction in the land available for primary production in the locality,the variation is for the purpose of providing increased open space. The enlarged reserve areaoffers a buffer between rural and residential land uses and avoids potential land use conflict.The variation proposal is therefore considered not to prejudice primary production or impacton the long term sustainability of primary production in the Mount Lofty Ranges.

Council Engineering have been in discussion with the developer in regard to a number ofamendments to civil design drawings to meet Council infrastructure requirements. A LandscapeMaintenance Agreement for the reserve land is proposed.

Rock retaining wall treatments have been constructed in the TPZs of a number of trees in theland division and it is considered that further information on the impact these structures mayhave on the long term health of the trees is required and the resolution of this matter is yet to beachieved.

Nevertheless the proposal is sufficiently consistent with the relevant provisions of theDevelopment Plan, and it is considered the proposal is not seriously at variance with theDevelopment Plan. In the view of staff, the variation proposal has sufficient merit to warrantconsent. Staff therefore recommends that the State Commission Assessment Panel be advisedthat Council has no objection to the variation proposal for Development Application 11/D38/473subject to conditions being imposed on any consent granted and satisfactory resolution of therock retaining walls’ impact on the long term health of the trees as detailed below.

8. RECOMMENDATION

That the Council Development Assessment Panel considers that the proposal is not seriouslyat variance with the relevant provisions of the Adelaide Hills Council Development Plan, andadvises the State Commission Assessment Panel that it has no objection to the variationproposal for Development Application 11/D38/473 by Michele Edwards for land division tocreate 43 allotments from one allotment, undertaken in five stages and the removal of six (6)regulated trees (5 Eucalyptus camaldulensis - river red gum and 1 Eucalyptus leucoxylon - SAblue gum) at Pieces 41 and 42 Onkaparinga Valley Road and Lot 100 Springhead Road(formerly 42 Springhead Road) Mount Torrens as varied by amended plan 16 June 2017 toprovide additional Council reserve area and minor changes to Allotments 18, 19 and 20 subjectto:


14(1) The provision of further expert horticultural advice that demonstrates the constructed

rock retaining walls in the tree protection zones are not impacting on the long term healthof the trees; and

(2) The inclusion of the following conditions on any consent:

(1) Development in accordance with The PlansThe Development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions, unless varied by separatecondition: Amended plan of division GS2033LDAPPL07MTTORRENS Stages 1 to 5 Sheets 1

and 2 Revision K prepared by Richard Retallack and GS Surveys and dated16/06/17

Amended landscaping plan overlaid on plan of divisionGS2033LDAPPL07MTTORRENS Stages 1 to 5 Sheets 1 and 2 Revision K preparedby Richard Retallack and GS Surveys and dated 24/06/17

(2) Further Council Land Division Requirements for Reserve AreaPrior to the vesting of the Reserve Area in Adelaide Hills Council:

(a) Detailed civil design drawings and specifications for the works shall besubmitted to and approved by Council and

(b) All works required for the Reserve by the stamped approved design drawingsand the approved landscaping plan overlaid on plan of divisionGS2033LDAPPL07MTTORRENS Stages 1 to 5 Sheets 1 and 2 Revision K preparedby Richard Retallack and GS Surveys and dated 24/06/17, shall be completed tothe reasonable satisfaction of Council and

(c) The preparation and execution of a Landscape Maintenance Agreementbetween Council and Paul and Michele Edwards shall occur for the maintenanceof the Reserve Area for a 10 year period.

(3) Previous Conditions of ApprovalExcept where varied by this authorisation, all other conditions relating toDevelopment Authorisation 473/D38/11 continue to apply to this amendedauthorisation.


Deryn Atkinson Marc SalverManager Development Services Director Strategy & Development

council development assessment panel meeting 5 …

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