development assessment commission agenda …...development assessment commission 29 september 2016 2...

Development Assessment Commission29 September 2016

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AGENDA ITEM 3.2.2

Mint Living Pty Ltd

To construct a 5 storey building comprising residential apartments, groundfloor café, rooftop terrace and associated car parking

60 Belford Avenue Prospect

DA 050/M001/16

TABLE OF CONTENTS

PAGE NOAGENDA REPORT 2-26ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 26-422: ZONE MAPS 43-503: APPLICATION & PLANS

A. PHIL Weaver & Associates Traffic AssessmentB. Vipac Environmental Noise AssessmentC. Vipac Wind Impact AssessmentD. Mint Living CPTED InclusionsE. Star Rate Services Energy Efficiency Compliance

ReportF. SUEZ Waste Management Services quoteG. Lucid Consulting Fire & Safety ReportH. MQZ Consulting Engineers Stormwater Management

51-102103-123124-143144-145146-147

148-151152-157158-159

4: GOVERNMENT ARCHITECT RESPONSE 160-1635: PROSPECT COUNCIL COMMENTS 164-1706: ADDITIONAL INFORMATION 171-172

Image Dimension Design Studio


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AGENDA ITEM 3.2.2

OVERVIEW

Application No 050/M001/16Unique ID/KNET ID ID 1052 2016/05295/01Applicant Mint Living Pty LtdProposal To construct a 5 storey building comprising residential

apartments, ground floor café, rooftop terrace and associatedcar parking

Subject Land 60 Belford Avenue ProspectZone/Policy Area Urban Corridor Zone – Boulevard Policy AreaRelevant Authority Inner Metropolitan Development Assessment Committee of the

Development Assessment Commission, pursuant to Schedule10(4C)(1) – construction of a development that exceeds 4storeys in height

Lodgement Date 18/03/2016Council City of ProspectDevelopment Plan Prospect (City) Consolidated – 3 March 2016Type of Development MeritPublic Notification Category 1Referral Agencies Government ArchitectReport Author Yasmine Alliu – Planning OfficerRECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The applicant is seeking approval to construct a 5 storey building comprising residentialapartments, ground floor café, rooftop terrace and associated car parking at 60 BelfordAvenue, Prospect.

The subject site is located within the Urban Corridor Zone. The proposed land use isenvisaged within the zone and meets the intent of the Zone to increase density as part ofinfill development along main road corridors.

The primary planning issues associated with the proposal include height, visitor carparking, residential amenity and overlooking.

The proposal exceeds the desired height limit of 15 metres stated within the Zone/policyarea. The majority of the residential living component is contained within the upper 4levels however the overall height of the building including the roof deck and lift overrunis 21.2 metres which is 6.2 metres above the maximum height requirement for thatpolicy area. The site is also however included within Concept Plan Fig Ur/6 (which allowsa 5 storey height limit with no maximum height in metres specified). The concept plan isconsidered to be more site specific in relation to desired height than that generallysought in the Zone/policy area.

The proposal is considered to be generally consistent with the desired scale and intensityof development sought within this portion of the Urban Corridor Zone. Overlooking andovershadowing issues have also been reasonably managed.

The application was referred to the Government Architect during the assessment processand has support in principle for a number of components with further refinement requiredin regards to lobby/entrance amenity, rooftop design, car parking and its relationship tothe architectural expression, quality of materials and landscape/urban design strategy. A


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AGENDA ITEM 3.2.2

number of these issues have been reasonably addressed, however there is a minorshortfall in car parking provision.

The City of Prospect raised a number of technical and operational concerns. It isconsidered that these have been adequately addressed either by the applicant or via therecommended reserved matters and conditions of approval.

Notwithstanding the issues raised by the Government Architect, overall, the proposeddevelopment is considered to exhibit sufficient merit when assessed against the relevantpolicies. It is therefore recommended that the proposal be granted Development PlanConsent subject to a reserved matter and conditions.

ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

In October 2013, the Inner Metropolitan Growth Development Plan Amendment wasgazetted, which allowed for increased medium density residential living above mixeduse development.

This rezoning included the introduction of the Urban Corridor Zone within the City ofProspect to be rolled out over three of the City’s major corridors in Main North Road,Prospect Road and Churchill Road. The policies were introduced to encourage newforms of urban living to enable more people to enjoy the benefits of an inner citylifestyle.

Mixed-use forms of development, complemented by well-designed and contemporaryhousing including row dwellings, residential flat buildings and multi storey buildingswere encouraged, close to public transport, work places and daily living. Four policyareas were also introduced, including the Boulevard Policy Area applicable to thissite.

This Development Plan Amendment (DPA) also included the introduction of the Airand Noise Emissions Overlay that enables applicants to move noise assessment tothe building stage of the approvals process. This Overlay also contains planningpolicies to protect sensitive development from noise and air emissions generatedfrom major transport corridors (road and rail) and mixed land use. The designatednoise source in this case is Regency Road, and Prospect Road.

1.2 Pre-Lodgement Process

The proposal was directly lodged and did not go through the pre-lodgement process.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

A summary of the proposal is as follows:

Land UseDescription

ResidentialShop – café (39.76m2)

Building Height 18.2 to roof level - 20.2 (to height of the balustrade on roofterrace) 21.2 includes the height of the lift overrun

Description of levels Ground Floor/ Level 1 – 17 car parks – 15 bike parks- Waste storage area


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AGENDA ITEM 3.2.2

- Lobby/stairs- Coffee shop – 39.76m2

- Over bonnet storageLevel 2 – 4 x 2 bedroom apartmentsLevel 3 – 4 x 2 bedroom apartments (1 apartment with a study)Level 4 - 4 x 2 bedroom apartments (1 apartment with a study)Level 5 - 4 x 2 bedroom apartments (1 apartment with a study)Roof top terrace – communal area

Apartment floorarea (excludingbalconies)

84.7m2 – 125.86m2

Site Access Car park access and pedestrian access both from BelfordAvenue

Car and BicycleParking

17 car parking spaces – (no disabled parking)15 bicycle parks

Encroachments Landscaping and vehicle manoeuvring area in the strip of landadjacent the rear boundary (1.33m)

Materials Matrix cladding or similar with painted finish, precast concreteexternal walls with selected painted finish, Hardies Axioncladding or similar with painted finish, glass and timber,feature timber beams with retractable awning, balustrades,glazing to external windows and doors, aluminium louveredcanopies, timber screening.

3. SITE AND LOCALITY

3.1 Site Description

The subject site is located on the northern side of Belford Avenue which is off thewestern side of Churchill Road and is described as follows:

Lot No Section Street Suburb Hundred Title

Reference58 FP 3563 Belford Avenue Prospect Yatala 5498/855

The diagram below illustrates the subject site and locality: (site outlined in red)


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AGENDA ITEM 3.2.2

The subject site is a rectangular shaped block with a frontage to Belford Avenue of16.82 metres and an overall depth of 38.23 metres. It has a total area of 645m2

square metres. The site is fairly level. Existing on the site is a 60s/70s single storeybrick dwelling and associated outbuildings. Within the Council verge out the front of60 Belford Avenue is an established street tree.

3.2 Locality

The locality is characterised by residential uses and some commercial tenancies to thesouth east and further south of the park along Churchill Road. It is within closeproximity to the Gawler rail line.

To the west of the site is two single storey dwellings. To the east of the site is a twostorey townhouse. To the north of the site is a single storey unit. Directly oppositethe site to the south is Charles Cane Reserve. 50m to the west is a railway crossing.To the east approximately 55 metres is Churchill Road where a number of similardevelopments are currently being built.

In relation to the adjoining dwelling to the west, the structure shown in thestreetscape perspective is a fence of approximately 4 to 5 m in height which appearsto be designed to stop errant footballs from landing in the property (noting that goalposts are located in close proximity on the adjoining reserve oval).

Immediately adjacent to the north (rear) boundary of the subject allotment exists astrip of land that is in unidentified ownership (shown in green below). The legalidentifier of the land is Allotment 61, FP3563 (refer copy of certificate of title in theAttachments). The subject land, as well as some adjacent neighbouring allotments


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AGENDA ITEM 3.2.2

appear to utilise this strip of land as part of the curtilage/yard areas of theseresidential properties.

View from Churchill Road – Reserve in front of Belford Avenue

Western neighbour


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AGENDA ITEM 3.2.2

Eastern neighbour

4. CITY OF PROSPECT COUNCIL COMMENTS

Although there is no formal statutory referral to the City of Prospect, Council’sadministration was consulted through the assessment process. Council’s developmentAssessment Panel recommends the following matters for IMDAC consideration:

Lack of parking availability, due to the proposed provision on-site of less than onecar parking space per dwelling, no car parking provided for the café tenancy and adeparture from the minimum desired rate of bicycle parking,

Limited internal amenity provided to one bedroom dwellings, The predicted waste demand on-site that would be generated by the proposal and

the limited storage area provided, Visual privacy concerns resulting from unscreened east- and west-facing windows

in the context of anticipated future adjacent development, Civil engineering requirements relating to anticipated flood levels in a 100 year

ARI event. Ensuring that the applicant is aware of the requirement to meet, through receipt

of qualified acoustic engineering advice, the Minister’s Specification SA 78B. Council commends the use of photovoltaics.

Refer to Attachments for the letter from Council’s administration.

5. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

5.1 Government Architect

The Government Architect is a mandatory referral for development within the UrbanCorridor Zone that exceeds 4 storeys in height.

The Government Architect offers in principle support to the application and supportsthe site for medium density residential apartments.

The Government Architect recommends the following:

Reconfiguration of the ground floor plane, including refinement of thepedestrian entry with higher quality user experience being achieved


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AGENDA ITEM 3.2.2

Review of the extent of rooftop communal area, and relationship toarchitectural expression

Further information that demonstrates how the landscaping proposed to Level2 and rooftop will be sustained and maintained

Review of finish to precast concrete walls Review of car parking numbers Provision of landscape and urban design strategy to the Belford Avenue

frontage.

5.2 Affordable Housing

The application is within the Affordable Housing Overlay that speaks of the inclusionof a minimum of 15% affordable housing. The application is not providing anyaffordable housing. The only possible affordable units (2) were removed to provideimproved apartment layout and amenity.

6. PUBLIC NOTIFICATION

The application is a Category 1 development pursuant to PDC 2 in the Urban CorridorZone, therefore no public notification was required.

7. POLICY OVERVIEW

The subject site is within the Urban Corridor Zone and the Boulevard Policy Area asdescribed within the Prospect (City) Development Plan Consolidated –3 March 2016.

Relevant planning policies are contained in Attachment One and summarised below.

Figure 3 – Zoning Map

7.1 Urban Corridor Zone


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AGENDA ITEM 3.2.2

The Urban Corridor Zone will enable the development of a high quality mixed use urbanenvironment that contributes to the economic vitality of the City by increasing thedensity of housing as well as the number and diversity of businesses and other services.Buildings of two or more storeys will be the predominant built form, however the additionof further floors will be considered. Development will create a linear corridor that framesthe street and creates an interesting pedestrian environment and human-scale at groundlevel.

The zone will be developed with a diversity of housing, including row dwellings,residential flat buildings and multistorey buildings that incorporate affordable housingopportunities for families, students and other household types in areas with frequentpublic transport provision.

There will be a transformation in built form, new buildings will be recognised for theirdesign excellence. Development will achieve a high standard of architectural designthrough careful building articulation and fenestration to all visible sides. The design ofbuilding facades should contribute positively to the street and public open spaces byarticulating the built form and accentuating the building’s functions. Buildings at theperiphery of the Zone will have an appropriate transition that relates to the height andsetback of development in adjacent zones of a lower scale and intensity.

Overlooking, overshadowing and noise impacts will be moderated through good designand noise attenuation techniques. Impacts on adjoining zones will be minimised throughappropriate building envelopes, transition of building heights, design and location ofwindows and balconies.

7.2 Policy Area

The site is located within the Urban Corridor Zone, and more specifically, the BoulevardPolicy Area as prescribed by the Prospect (City) Development Plan.

The policy area envisages varying housing types at medium to high densities as well assmall scale businesses, local shops and facilities whilst maintaining the main roads asstrategic transport routes.

The Mixed Use Churchill Area will be the primary focal point for mixed use developmentalong Churchill Road, comprising a large site with very good access to the Islingtonrailway station and major road corridors (Churchill and Regency Roads). A secondaryfocal point will be situated adjacent to Cane Reserve with lower floor uses that activateand generate considerable traffic, such as shops and restaurants. The remainder of thePolicy Area will have a residential focus, whilst providing opportunities for small-scaleoffice, shops and consulting rooms within mixed use buildings.

To reinforce the boulevard character desired for the road and to provide space forlandscaping, buildings will be set back uniformly from the Churchill Road frontage.Building facades will be articulated with elements such as balconies and verandahs, whilea diversity of building materials will be carefully used to create a high quality buildingappearance. Shelter will be provided at a human scale to building entrances. Buildings oncorner sites will address both street frontages.

Cane Reserve will act as a focal point for development within the Boulevard Policy Area,with an increase in building heights and residential densities surrounding this open spaceto invigorate the public realm and support a range of activities within the reserve.Balconies overlooking the streets and reserve are encouraged, to provide for passive


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AGENDA ITEM 3.2.2

surveillance and a connection with the public realm, with sufficient and varied screeningto provide privacy for occupiers and to obscure furniture from view.

7.3 Council Wide

The Council Wide provisions of the Development Plan detail a range of policy guidelinesfor consideration with respect to medium and high rise residential development. Thesematters will be discussed in greater detail within the body of the assessment below.

Relevant planning policies are contained in the concluding appendices.

7.4 Overlays

7.4.1 Affordable Housing

The proposal is subject to the affordable housing overlay. However, theproponent is not providing any affordable housing.

7.4.2 Noise and Air Emissions

This site is located within the designated area for the Noise and Air EmissionsOverlay, and as such requires assessment against Minister’s Specification SA78B for Construction Requirements for the Control of External Sound. Theapplicant will be required to adhere to these requirements at the building rulesstage. Further details are provided within the planning assessment below.

8. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Prospect (City)Consolidated – 3 March 2016 Development Plan, which are contained in Appendix One.

8.1 Quantitative Provisions

DevelopmentPlan Guideline

Proposed GuidelineAchieved

Comment

Site AreaMinimumresidentialdensity

645m2

PDC 5 prescribes aminimum netdensity of 100dwellings perhectare

16 apartments YESNOPARTIAL

The minimumdensity for thisallotment isapproximately 6.5dwellings. There isno maximumdensity specified.

BuildingHeight

3-5 minimum toMaximum BuildingHeight (Storeys)Concept Plan FigUrC/6

PDC 13 - 15m

18.2 to roofterrace height –20.2 tobalustrade height21.2 to liftoverrun height

YESNOPARTIAL

5 storeys or 6levels due to rooflevel terrace level.Over height by 3.2metres to roofterrace height orone level (ifassessed againstConcept Planheight)

Land Use Medium to highresidentialdensities and non-residential activeuses on ground

Medium/highresidentialdensity

Shop/café

YESNOPARTIAL


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AGENDA ITEM 3.2.2

floor

Car Parking Residential(Residents) 1 perdwelling

Residential(Visitors) 0.25spaces perdwelling

Café (39.76m2)3 spaces per100m2

16

Nil

1

YESNOPARTIAL

the proposal hassufficient apartmentparking

4 visitor parksrequired and notprovided

1 shop car parkrequired - 1provided

BicycleParking

Residential

(Residents) 1 per4 dwellings - 4required

(Visitors) 1 per10 dwellings -1.5 visitors spacesrequired

Shop= 1 per 300m2 –1 required

Visitor = 1 per600m2 – 1required

Total = 7.5

15 proposed YESNOPARTIAL

7.5 required and15 proposed.The bicycle parkingis twice theminimum guideline.

FrontSetback

3 metres minimumexcept as shown inConcept Plan FigUrC/6 which seeksa 0m front setback

On the boundary YESNOPARTIAL

Both the car parksetback and thebuilt form on theboundary areacceptable

Rear Setback 3 metres minimum 3m or 1.66m YESNOPARTIAL

3m setback whenincluding ‘strip’allotment. 1.33m torear of allotment58.

Side Setback For allotments witha frontage widthof:(a) 20 metres orless – no minimumup to a height of 2storeys and 2metres above thisheight(b) more than 20metres – 2 metres

On the boundarywith upper levelssetback 2 metres

YESNOPARTIAL

Podium PDC 7 anticipates adefined podium orstreet wall

There is apodium elementcomprising levels

YESNOPARTIAL

Refer to theassessment


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AGENDA ITEM 3.2.2

1 & 2Apartmentsizes

N/A 84.87m2–125.85m2

YESNOPARTIAL

Refer toassessment

Private OpenSpace

PDC 152 –Two bedroom –11m2

3 bedroom + 15m2

12.80m2 –46.91m2

YESNOPARTIAL

If study used as abedroom then 3apartments areunder the required15m2

Café N/A 38.76m2 Refer toassessment

8.2 Land Use and Character

The Urban Corridor Zone seeks integrated, mixed use, medium and high rise buildingsaccommodating a range of compatible non-residential and medium to high residentialuses. The Boulevard Policy Area will primarily serve a residential function with mediumand high rise development framing the street, including mixed use buildings that containshops, offices and commercial development at lower floors with residential land usesabove. As well as the policy area Cane Reserve which is directly opposite the site is seenas a focal point with the intention that increased building height and residential densitiessurrounding the reserve will have uses that generate street activation such as shops andrestaurants located on the ground floor.

The proposed land uses of residential and café is in accordance with the Zone and PolicyArea provisions.

8.3 Building Height

The Urban Corridor Zone Principle of Development Control (PDC) 13 seeks a generalminimum building height of 2 storeys and a maximum height of 4 storeys/15 metreswithin the Boulevard Policy Area. The proposal is located in a zone where the dwellingdensity is expected to increase and an alternative building height is designated in theConcept Plan Fig UrC/6, where a minimum of three storeys and a maximum of fivestoreys are expected. No maximum height in metres is specified.

The proposal presents to Belford Avenue as a highly visible five storey form plus roof topcommunal space, and including the lift overrun is a maximum height of 21.2 metres. Thelift area is however a relatively small portion of the overall massing of the building (2.7 x6.1m). Therefore the impact from the lift height is considered negligible. The height atthe roof top deck balustrades is 20. 2 metres from existing natural ground levelexceeding the maximum height by 5.2 metres. The Government Architect is concernedabout the impacts of the roof top balustrading and its impact on the overall buildingappearance in terms of height and composition.

The Government Architect also comments that the proposed scale of the developmentwill result in a significant presence when viewed from the reserve. It will also be visiblefrom Churchill Road. However, there are a number of 4 to 5 storey developments thatare not dissimilar to this proposal existing or currently being built along Churchill Roadnear to the site. Increased height is expected in the Urban Corridor Zone and whilst thetransition evolves into higher built form and this being the first one on this road, therewill be tensions between the existing lower scale residential and the higher densitydevelopment which may eventually be prominent in the zone.

Whilst further consideration is given to the overall design, appearance and scale of thedevelopment below it is considered that the additional height is acceptable in thisinstance for the following reasons:


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AGENDA ITEM 3.2.2

The additional height allows for a more generous floor to ceiling height within eachapartment creating a more expansive interior and better living amenity;

Overshadowing and overlooking issues have been managed adequately regardless ofthe extra height;

The use of the rooftop area to provide open space to be shared communally providesfurther amenity socially and recreationally.

The roof top balustrading has been setback to lessen the impact of height.

The subject land is identified as an area where up to 5 storeys is envisaged, however nobuilding height expressed in metres is provided in the Concept Plan Fig UrC/6 (seebelow). Based upon the allowance of up to 15 metres for 4 storey development it isassumed that 5 storey development could have a height of up to 18.75 metres. Theproposed maximum building height of 21.2 metres therefore is only 2.45 metres abovethe assumed maximum height of 18.75 metres, with the predominant height of 18.2metres being under the assumed maximum height.

Given the above reasons the additional height proposed in this instance is considered tobe acceptable.

8.4 Podium

The building design includes a reasonably defined two storey podium or street wall with amaximum building height of 7.8 metres with the main face of the upper levels above thatset back 2 metres. The Urban Corridor (PDC 7) speaks of 3 storeys or 11.5 metres inheight being the maximum for a podium. In this regard PDC 7 is satisfied.

8.5 Setbacks

There is no minimum front setback for Belford Avenue as indicated in the Concept PlanFig UrC/6. Therefore, the built form on the front boundary is acceptable.


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AGENDA ITEM 3.2.2

The minimum side setback above the 2 storey height is 2 metres which the buildingdesign maintains to its full height.

Guidance regarding the distance by which buildings should be setback from rear and sideboundaries is provided by PDC 18 of the Urban Corridor Zone. The proposal does notsatisfy the provision for the minimum rear setback of 3 metres without including theabutting ‘strip’ allotment. The rear setback at ground level is 1.66 metres. However, thesite abuts land to the rear which is a separate allotment but as stated by the Consultantis “effectively lost” to any reasonable use due to its dimensions and lack of practical roadfrontage or access. Case law is sited supporting the use of this hiatus land as a practicalrear boundary (AG Building and Developments Pty Ltd v City of Holdfast bay & Tanti[2009] SAC 1 1. This being the case then the rear boundary setback including thisallotment is 3 – 3.221 metres effectively meeting setback requirement.

It appears from the GIS mapping systems that the strip of land forms part of the rearyard of the subject site as the fence runs along the northern side of the strip in question.Historically it would appear that the subject allotment, as well as some adjacentallotments, have enjoyed use of this land. (Refer to GIS Map in Attachment 6).

8.6 Design and Appearance

The provisions of the Urban Corridor Zone seek to achieve a high standard ofarchitectural design. The development in this location opposite Charles Cane Reserve isone of the first proposed in this precinct. As per the Government Architect’s commentsthe proposed scale of the development will result in a significant presence when viewedfrom the reserve. It will also be visible from Churchill Road. However, there are a numberof 4 to 5 storey developments that are not dissimilar to this proposal existing or currentlybeing built along Churchill Road close to the site and Charles Cane Reserve.

The Government Architect (GA) is supportive of the general design expression in principleas stated previously and was seeking further improvements. The apartmentlobby/entrance being a concern due to its long, relatively narrow space that leaves a bitto be desired in terms of the amenity of the sequence of entry and the identity of theproposed development generally. The proposal was amended through further refinementof the pedestrian entry by increasing the width of the entrance way and providing afeature frosted glass wall on the eastern side and skylight windows in the lobby roof toallow increased natural light. Timber has also been added to the ceiling to create awarmer feel and LED down lights are proposed. A water feature has now been included inthe lobby to further add to the sense of personal address and to compensate for thenarrow and lengthy lead up to the lifts. The entry is orientated to Belford Avenue, isclearly identifiable and provides shelter as per General PDC 159.

The zone provisions speak of building design being well articulated through variation informs, materials, openings and colours. The elevations of the facades provide anappropriate level of visual interest through varied combinations of materiality and colourwith dark grey and light grey/white being predominant with copper coloured timbercontrasts. The Government Architect states the architectural expression characterised bya concrete base building articulated by bold cubic forms and timber slatted panels.

The GA had concerns regarding the durability of the construction materials. The buildingwas proposed to be constructed out of pre-cast concrete walls which are now to bereplaced with a combination of Hardies “Matrix” and “Axion” and Fielders interlockingpanels to the north, east and west elevations. These will have a painted finish. Customscreen panels will be randomly attached to 5 metal vertical beams that extend from leveltwo, sited approximately 15 metres from the front boundary to finish at the roof deckforming the framework for the pergola within the communal space. The feature glasswall balustrading on the roof deck has been set in 2 metres from the buildings southern


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AGENDA ITEM 3.2.2

façade to reduce the visual impact the roof deck will have in the long view. The airconditioning units have been removed from levels 3 -5 balconies with the plant andequipment to be roof mounted and screened. The boundary fencing is to be constructedof Hebel power panel with portions in Colorbond ‘Basalt” (Grey) or ‘Lexicon Quarter’ (awhite).

Overall, it is considered the built form is sufficiently articulated from all angles (verticallyand horizontally) due to the use of varied materials, choice of colour, with integratedbalconies breaking up the rectilinear form of the building.

Café

A pedestrian scale at street level is maintained with the inclusion of the café. The caféwill create an active frontage with the use of transparent glazing, outdoor seating, andthe provision of shelter via the retractable awning. This use at ground level will drawpeople in who use the reserve for a number of sporting and recreational activities,enlivening the area further. The appearance of the building is further enhanced with thecafé frontage being visually more dominant than the recessed roller door/car park entry.

Landscaping

As stated in the Planning Report, landscaping is proposed that will improve and softenthe appearance of the site when viewed from adjoining development and at the BelfordAvenue frontage. A Jasmine creeper will be planted alongside the side boundary walls ofLevel 2 which the GA supports in principle. The viability of the landscaping is dependenton the applicant being able to demonstrate the long term survival of the particularplantings. The applicant advises that the maintenance of the landscaping will form part ofthe Community Corporation Scheme Description as per the Community Titles Act, withthe technical details of the irrigation to be prepared by an engineer at the detailed designstage.

The applicant has advised that they will work with Council in regard to the public realmlandscaping in the front of the building. The species selection nominated for the roofdeck is bamboo hedging or similar, Trachelospermum jasminoides “Star Jasmine” for thetrellis’ and Fraxinus excelsior jaspidea “Golden Ash” to the rear of the site. A condition ofapproval is recommended for the provision of a detailed ongoing irrigation maintenanceplan (to the satisfaction of the Development Assessment Commission), to ensure that theproposed landscaping will achieve both its aesthetic and functional purposes.

8.7 Apartment Amenity

8.7.1 Apartment Size

The Prospect (City) Development Plan does not contain policy regarding minimumapartment sizes. This being the case, it is considered useful to consider the sizes of theapartments against the operable provisions of the Adelaide (City) Development Plan –these being:

2 bedroom apartment: 65m2 3 bedroom apartment: 80m2

All apartments meet these minimum sizes. The applicant amended the plans to removethe two bedroom apartments to create a more efficient and functional layout overall toaddress Councils and the GA’s comments. The variation in size and layout of theapartments is now supported by the GA as is the north south orientation.


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AGENDA ITEM 3.2.2

8.7.2 Access to Light and Ventilation

The Boulevard Policy Area of the Urban Corridor Zone seeks a minimum floor to ceilingheight of 3.5 metres at ground floor level. The proposed ceiling to floor height is 3.5metres. The ceiling heights on every other level are 3 metres with 600mm between floorsfor services. The higher ceiling heights provided would accentuate the sense of space andimproved amenity through better air circulation and more opportunities to light viahighlight windows.

However, the location of apartment entries either opposite or immediately adjacent eachother within the central foyer servicing the apartments did not reflect good practice inapartment living and needed reconsideration. The design was subsequently amended toimprove that aspect. A light well has also since been provided at every level near the liftto provide natural light.

All of the apartments have windows with natural light and ventilation into all bedroomsand living areas. As such no bedrooms rely on borrowed light. There is the opportunityfor cross ventilation and the level of natural light and ventilation is sufficient.

8.7.3 Private Open Space

All the apartments within this scheme, whether they are one or two bedrooms meet theminimum provision for private open space, the minimum dimension of that space being 2metres and accessible from a habitable room (PDCs 152 and 153). Private open spaceranges from 12.80m2 through to 46.9m2. The inclusion of landscaped communal openspace on the roof top has provided further amenity for private use of the residents.Retractable awnings are also provided for year round cover and extend the use of thespace. The private open space provided is more than adequate considering the residentswould also have the amenity for the reserve directly in front of the building.

8.7.2 Storage

Minimum storage space for each apartments is 8 cubic metres as per PDC 110. Storageareas for apartment occupants are located within each apartment as cupboard space,and within over car bonnet storage is provided at 3.2m3. Storage ranges from 14.23m3 to25.93m3 which exceeds the 8m3 guidelines.

8.8 Overshadowing

Council Wide Principle of Development Control 138 notes:

“The design and location of buildings should enable direct winter sunlight into adjacentdwellings and private open space and minimise the overshadowing of:

(a) Windows of main internal living areas;(b) Upper level private balconies that provide the primary open space area for a

dwelling; and(c) Solar collectors (such as solar hot water systems and photovoltaic cells).”

The provision of overshadowing diagrams for June 21st (Winter Solstice) show thatbetween 9.00am and 12 noon the two neighbouring properties to the west will be inshadow to varying degrees. The property to the south west will be in a higher proportionof shadow to that of the north western neighbour. However, from 12 noon onwards thereis no shadow cast on both those properties. The neighbour to the east is affected from3.00pm onwards with earlier part of the day shadow free.


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There appears to be an adequate amount of winter sunlight accessible to both theneighbours on the eastern and western sides for more than two hours during the day.This satisfies Council Wide PDCs 132 and 138 allowing direct winter sunlight into adjacentdwellings and private open space.

8.9 Overlooking

Overlooking and privacy are reasonably managed given the height of the proposeddevelopment. Balustrading to the rear elevation (northern) is frosted glass to 1700mm.Highlight narrow horizontal windows are shown on the western and eastern elevationslocated at 1700mm -1800mm sill height to prevent overlooking and any intrusion intothe neighbours privacy. The roof deck is located towards the front of the building withbalustrading to a height of 1700mm to prevent overlooking to the western adjoiningproperty.

The exception is the over bench window to the east elevations of the kitchens inapartments 1, 5 and 9 on levels 3-5. Council had concerns about the level of privacytreatment to the subject apartments mentioned. However, the applicant states that theonly views are of the roof and public realm to the east and south east with no privacyissues. The impact on overlooking from the subject apartments in this case is consideredminimal.

8.10 Access, Parking and Traffic Impact

The Council Wide and Zone policies in the Development Plan delineate a number ofpolicies that seek to achieve adequate, safe and convenient access and off-streetparking, sufficient bicycle parking which are well located, accessible and well lit.

The applicant has provided a Traffic Assessment by Phil Weaver which examines theprovision of parking spaces. Vehicle parking is proposed to be provided at an at gradelevel on the ground floor of the building with access from Belford Avenue. The car park isself-ventilating. Discussion on access, parking and traffic issues are discussed in detailas follows.

8.10.1 Vehicle Access

Currently there is a single driveway access point located adjacent to the easternboundary. The proposal will be served by a singular two way access point that will belocated in a similar location but wider. The crossover will be a minimum of 6 metredouble width with a roller door entry to the car park operated with remote control. Theentrance is sufficiently setback at 3.6 metres from the boundary of the site so as not toimpact on the streetscape. There appears to be adequate sightlines on the western sidefor vehicles to wait within the building line without impeding pedestrian movement.However, negotiations will be undertaken with the neighbour on the eastern boundary tolower the existing fence to a height of no more than 1 metre over a length of 2.5 metresor to include a clear panel to provide an appropriate pedestrian-vehicular sight line asidentified in AS/NZS 2890.1:2004.

No access arrangements have been provided in regard to the waste collection services ortype of truck. Nor has the type and frequency of deliveries to the café or where theunloading will occur.

8.10.2 Parking

Car Parking (Table Pr/5 Off-street Parking for the Urban Corridor Zone)Land use Development Plan Required ProposedResidential 1 per dwelling 16 16


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AGENDA ITEM 3.2.2

(Residents)Residential(Visitors)

0.25 spaces perdwelling

4 None proposed

Café (39.76m2) 3 spaces per 100m2of gross leasable floorarea

1 1

TOTAL= 21 17

The car parking numbers provided for the proposal (comprising 16 apartments) areslightly under the requirements of the Development Plans Car Parking (Table Pr/5 Off-street Parking for the Urban Corridor Zone) which requires 21 car spaces. Adequateresidential parks are provided but no visitor car parks and only 1 car park for the caféoperator. Both the Council and the Government Architect was concerned with the carparking shortfall for visitor parking due to the prohibited street parking on the southernside of Belford Avenue (the shortfall being 4 car parks). This is considered minimal givena lesser rate may be applied (Table Pr/5 5 (c ) ), where a site is in proximity of less thana 200 metre walking distance of convenient and frequently served fixed public transport,in this case Churchill Road which hosts bus routes. Dudley Park railway station isapproximately 395 metres away and therefore within walking distance. There is alsounrestricted parking along the northern kerb line of the roadway between Churchill Roadand Devonport Terrace which is to the east of the railway line.

Table 5 identifies car parking rates for non-residential uses (café) of 3 spaces per 100m2

as a minimum and 5 spaces as a maximum. The Traffic Assessment by Phil Weaver notesthat for 39.76m2 of café, two spaces would be inclusive of staff and customers therefore1 space will be allocated for specific use of the manager/staff employed at the café.

Fifteen of the proposed car parks are under cover with the two most northern car parkspartially under cover. Short term car parking associated with visitors to the residentialcomponent and patrons to the café would be accommodated by on street parking.

It is noted that although there is a shortfall in car parks, there is more than sufficientbike parking which needs to be considered in the overall assessment (refer to Section8.10.4 below).

8.10.3 Traffic Impact

The Traffic Assessment utilised the Guide to Traffic Generating Developments by theformer Roads and Traffic Authority of NSW to identify the trip units for a medium densitydevelopment. It was estimated that the proposal would generate 8 trips for both the amand pm peak hour period. In the am period there would be 6 exit movements and 2entry movements and for the pm peak hour period there would be 3 exit movements and5 entry movements. Whilst there would be increased vehicle movements relating to thecafé it is anticipated it would be minimal during the peak hour periods. The maximumvolume of traffic likely to be generated by the proposal would be in the order of 9 trips inany one hour period and as such the Traffic consultant has considered the level ofincreased traffic from the proposed development would have minimal impact on theadjoining road network.

Belford Avenue has a series of plateau humps between Churchill Road and Harrison Roadto the west which as traffic control devices intuitively reduces vehicle movement soturning into and exiting out of the site is not likely to be an issue.

8.10.4 Bicycle Parking

Bicycle Parking (Table Pr/6 Bicycle Parking for the Urban Corridor Zone)Land use Parking Rate Required Proposed


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AGENDA ITEM 3.2.2

Residential(Residents)

1 per 4 dwellings 4

Residential(Visitors)

1 per 10 dwellings 1.5

Shop 1 per 300m2 ofgross leasable floorareaVisitor = 1 per600m2 of grossleasable floor area

1

1

TOTAL= 7.5 15

The Council Wide and Zone policies in the Development Plan delineate a number ofpolicies that seek to achieve adequate, safe and convenient access and off-streetparking, sufficient bicycle parking which are well located, accessible and well lit. Theproposal has 15 bicycle parks which is double the minimum 7.5 parks required by theDevelopment Plan. The applicant has also offered to install a 3 ring bike park at their ownexpense to improve the public amenity in the front footpath area subject to Councilsconsent.

8.11 Environmental Factors

8.11.1 Energy Conservation and Comfort

The Development Plan provides that dwellings (including apartments) should have regardto best practice energy conservation principles. This is important to reduce dependenceon mechanical heating, cooling and lighting systems and include options for the harvest,treatment, storage and reuse of stormwater.

PDC 79 Dwellings ... should provide adequate thermal comfort for occupants whileminimising the need for mechanical heating and cooling by:

(a) providing an internal day living area with north-facing window.(b) zoning house layout to enable main living areas to be separately heated andcooled.(c) locating, sizing and shading windows to reduce summer heat load and permit entryof winter sun.(d) allowing for cross ventilation to enable cooling breezes to reduce internaltemperatures in summer.(e) avoidance of large windows on south and west facing building surfaces.(f) avoidance of overshadowing of windows on the north and east faces ofneighbouring buildings and surfaces used for the collection of solar energy.(g) location of principal living space to the north.(h) use of deciduous trees, pergolas, verandahs and awnings on east and west wallsto allow penetration of heat from the sun in winter yet provide shade in summer.(j) provision of verandahs to outdoor living areas.

The applicant has presented the following energy efficiency and sustainable designmeasures as well as a Residential Building Thermal Performance Assessor’s Statement:

A number of apartments (8 out of 16) have living areas with a northern aspectand the majority of the apartments have suitably sized shaded overhangs formedby the outdoor balcony spaces from above which shield the high summer sunwhile the low winter sun is able to penetrate the glazing for ‘free’ heating;

Level 2 balcony areas on the eastern and western sides are shaded by pergolasand trellised creepers;


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AGENDA ITEM 3.2.2

all apartments are able to be naturally ventilated; all living areas and bedrooms have direct access to natural ventilation and

daylight; levels 4 -5 have fixed louvered awnings on the western side to block the summer

heat; the glazing area to floor ratio per unit is 25.34% which accords with the

recognised passive design guidelines; maximised use of natural light without compromising thermal loads; A large photovoltaic array is shown on the roof.

At this stage the applicant has not nominated any reuse of stormwater.

8.11.2 Crime Prevention Through Environmental Design (CPTED)

The applicant proposes the following CPTED initiatives in an effort to respond to therange of policies dealing with surveillance, sightlines, landscaping and vandalism. Acondition regarding the provision of appropriate lighting is also recommended. Theseinitiatives are considered to be appropriate to the location, and given the single streetfrontage will be useful in minimising the probability of crime and vandalism at the site.The following CPTED initiatives are proposed:

The transparent café frontage and outlook would provide adequate passivesurveillance

The entry to the apartment lobby has clear lines of site though to the lifts toprevent areas of entrapment as well as an air lock between the lobby and thefront door

The provision of a CCTV camera in the lobby and in the café, video intercom willalso be provided for each apartment plus card key entry

External lighting will be provided in the front of the building and within the carpark

The balustrade detailing on the southern façade enables line of site to the streetallowing passive surveillance of the reserve and street below as would views fromthe communal roof deck for 180 degrees.

The security provided is sufficient and consistent with the intentions of CPTED. Acondition of approval is recommended seeking the provision of external lighting to thepedestrian entrances and within the rear parking area.

8.11.3 Noise Emissions

As detailed previously, the site is located within the designated area for the Noise and AirEmissions Overlay. The provisions of the overlay prescribe what may assist in minimisingthe impact of noise and air pollution on sensitive uses.

An Acoustic Report was provided to the applicant by Vipac that included traffic noiseimpact assessment, train noise from the Gawler- Adelaide railway line during peakperiods as well as potential environmental noise submissions from the development suchas car parking and mechanical plant and inter-tenancy noise.

The western façade is exposed to noise from the Gawler Train line, the noise is notcontinuous but intermittent which has the potential to create sleep disturbance. Thenorthern, eastern and southern facades are exposed to noise from Churchill Road and areshielded to some extent by adjacent dwellings. However, the noise levels that Levels 1and 2 are exposed to still need to be attenuated so that the receiving noise is reduced toa Category 1 sound exposure. The noise levels in question are due to a number of noisesources as ambient maximum noise in the vicinity exceeds 60dB (A).


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AGENDA ITEM 3.2.2

Category 1 sound exposure is the sound exposure tenable after attenuation treatmentsare put in place.

Vipac’s recommendations are summarised as follows:

Having regard to internal noise intrusion from traffic noise the acoustic reportprovides a number of attenuating recommendations for glazing treatments andexternal wall construction requirements.

That the roof composition should be reviewed by a suitably qualified acousticconsultant after the mechanical plant has been selected. An acoustic barrier mayneed to be implemented depending on the type of mechanical plant selected. Thiswill be decided at the detailed design phase

A floating floor between the roof deck and the level below to avoid the transfer ofimpact noise from the communal roof deck (refer to 5.3 roof). Hard floor finishesmust be installed on resilient underlay

No external music system shall be installed or live music in association with thecafé. Any internal music should be maintained at a “speak easy” level with no lowfrequency content

A 1.8 metre high rendered fence (barrier) will be sufficient to mitigate car parknoise externally to the neighbours.

Recommended to prevent car park noise into dwellings above, a 220mm concreteslab with 13mmm plasterboard ceiling on a suspension system and suitable airgap

Suitable noise insulation and internal partitions in accordance with the NationalConstruction Code for inter-tenancy noise.

Overall, the acoustic performance requirements will ensure that occupants andsurrounding residents are protected from noise from within and external to, thedevelopment.

8.11.4 Waste Management

The applicant has stated that there will be a private waste management service provider.The bins would be contained in a separate waste storage enclosure towards the front ofthe car park within close proximity to the lift/lobby and staircase. The café has rearaccess to its own waste area.

The residents would maintain the waste storage area and the bins would be maintainedby the contractor. The waste storage area is enclosed on 3 sides, but open to the carpark area.

The applicant has provided a quotation for Waste Management Services as opposed to aWaste Management Plan. The quote nominates a private contractor to pick up thegeneral waste, comingled waste (recycled) and organics on Monday and Thursdays after7 am.

The waste collection and refuse arrangements are dictated by site conditions as it is notpossible for a waste truck to enter the site and leave in a forward direction. The bins arelocated 12 metres away from the eastern boundary with the distance consideredadequate to ventilate any potential odours before impacting on the neighbouringproperty.

The waste management arrangements indicated by the information forming part of theapplication are not detailed enough so further detail is required to ensure that the wastecollection will be functional and sufficient. It is therefore recommended that any consentgranted the proposal be subject to a reserve matter requiring submission and


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AGENDA ITEM 3.2.2

assessment of further detail. A condition has also been imposed that the contractorwaste collection occurs outside of peak traffic times on Belford Avenue.

8.11.5 Wind Analysis

A wind impact assessment report (desk top review) has been provided by VipacEngineers & Scientists, dated 29 July 2016. The findings of the study can be summarisedas follows:

The proposed development would not generate wind conditions in excess of thecriterion for safety

The ground level footpath and building entrances would be expected to havewind conditions with tint he recommended criteria if the existing street trees inBelford avenue are retained

The balcony areas are expected to experience wind conditions within therecommended walking criterion. As a general statement Vipac has recommendededucating residents at high level balconies and terrace areas tying down looselightweight furniture during high wind events.

8.12 Services and Infrastructure

8.12.1 Stormwater

Council generally supported the approach expressed in the preliminary stormwatermanagement in relation to floor levels, discharge rates and on-site detention. The site iswithin an area prone to flooding in a 100 year ARI event. Council need to be consultedregarding technical details of flood levels upon provision of a survey plan to AHD. Theconsulting engineer should also design on-site detention such that post-developmentdischarge flow rates are no greater than pre-development flows in a 20 year ARI event.Whilst the applicant has stated that the stormwater will be managed on site to ensurethat the post development flow does not exceed the predevelopment flow, a stormwatermanagement plan will need to be provided to this end. It has been recommended that acondition requesting a stormwater a management plan be provided prior to substructureapproval.

8.12.2 Site Contamination

It is considered that there is negligible risk of the proposed development creating apathway between potential contaminants and people due to the fact that no sensitiveuses are proposed at ground level and that the existing land use is residential. Thisbeing the case, it is considered that construction activities only need protection in thiscontext and to this end it is recommended that a condition of consent requiringimplementation of practices that accord with Environment Protection Authority guidelinesand practices be imposed on any consent granted the proposal.

8.12.3 Encroachment

The proposal shows a retractable awning that when fully extended will encroach overCouncils footpath. A permit will be required as per Section 221 of the Local GovernmentAct.

It should be noted that the blind aisle for reversing movements for car parks 7 and 8encroaches into the hiatus allotment mentioned previously. The subject land historicallyhas enjoyed use of this ‘strip’ of land though and therefore this is considered reasonable.

9. CONCLUSION


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AGENDA ITEM 3.2.2

When assessing the proposal against the relevant provisions of the Development Plan, itis considered that the proposed development satisfies the following:

Appropriate mix of land uses An increase in scale and density of development, particularly opposite a large

reserve Appropriate building setbacks High level of residential amenity Safe and convenient access More than adequate bicycle parking Reasonable mitigation of overlooking and overshadowing of adjacent dwellings

The proposal was amended to address the concerns raised by the GA. The landscape andurban design strategy recommendation has been noted and will be considered inconsultation with the Prospect Council. The car parking whilst slightly under isacceptable. The mechanical services noise levels are yet to be assessed as themechanical plant has not yet been designed or selected. There is sufficient visualinterest and articulation to provide a satisfactory architectural design, apartment amenityand functionality in the proposal. Complete resolution and satisfaction of technicalmatters can, it is considered, be addressed by way of reserved matters and conditions.

Whilst the proposed building exceeds the desired maximum building height, theassociated impacts of the additional height are considered to be sufficiently addressed.

The proposal is considered to be appropriate in terms of its overall land use and designquality, while recognising the ambitions of Urban Corridor Zone in delivering increasedresidential densities in strategically important inner metropolitan locations.

10. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with thepolicies in the Development Plan.

2) RESOLVE to grant Development Plan Consent to the proposal by Mint living PtyLtd for the construction of a 5 storey building comprising residential apartments,ground floor café, rooftop terrace and associated car parking at 60 BelfordAvenue, Prospect, subject to the following reserved matters and conditions ofconsent:

RESERVED MATTERS

1. Pursuant to Section 33(3) of the Development Act 1993, the following matters shallbe reserved for further assessment, to the satisfaction of the DevelopmentAssessment Commission, prior to the granting of Development Approval:

1.1 A Waste Management Plan must be prepared and submitted to the satisfaction ofthe Development Assessment Commission prior to Building Rules Consent whichidentifies the methods, times and duration of how waste will be collected andtransported ensuring that the potential for adverse traffic and amenity impactsare effectively managed.

PLANNING CONDITIONS


24

AGENDA ITEM 3.2.2

1. That except where minor amendments may be required by other relevant Acts, or byconditions imposed by this application, the development shall be established in strictaccordance with the details and following plans submitted in DevelopmentApplication No 050/M001/16.

Drawings – DimensionDesign Studio

Reference – Revision Date

Locality Plan Pages 1 -3 5/09/16Site/Floor Plan GroundFloor/Level 1

1 of 12 Rev F 20/09/19

Floor Plan Level 2 2 of 12 Rev G 24/08/16Floor Plan Level 3 3 of 12 Rev G 24/08/16Floor Plan Level 4 4 of 12 Rev G 24/08/16Floor Plan Level 5 5 of 12 Rev G 24/08/16Floor Plan Level 5 6 of 12 Rev G 24/08/16Elevation 7 of 12 Rev G 24/08/16Elevation 8 of 12 Rev G 24/08/16Elevation 9 of 12 Rev G 24/08/16Elevation 10 of 12 Rev G 24/08/16Section 11 of 12 Rev G 24/08/16Section 12 of 12 Rev G 24/08/16Perspectives Western view of Belford

Avenue + Reserve5/09/16

Perspectives South Eastern view ofBelford Avenue + Reserve

19/09/16

Perspectives Rear 25/07/16Updated day perspective South western façade 2/09/16Updated night perspective South western façade 2/09/16Shadow Diagram Shadow cast at 9:00am

_June 21st23/01/16

Shadow Diagram Shadow cast at 12:00pm_June 21st

23/01/16

Shadow Diagram Shadow cast at 3:00pm_June 21st

23/01/16

60 Belford Ave, ProspectBuilding Materials &Finishes

External Colour Schedule 2/09/16

Landscape Plan Level 1 Received 25/07/16Landscape Plan Level 2 Received 25/07/16Landscape Plan Rooftop Terrace Received 25/07/16

Traffic and Parking Assessment prepared by Phil Weaver & Associates dated 5July 2016 File: 165-15

Environmental Noise Assessment Report prepared by Vipac Engineers &Scientists Ltd dated 15 July 2016 Reference 50B-16-0071-DRP-799831-2

Wind Assessment prepared by Vipac Engineers & Scientists Ltd dated 29 June2016 Reference 50B-16-0071-TNT-399233-0

Letter from Heynen Consultants dated 22 July 2016 Energy Efficiency Compliance Report prepared by Star Rate Services dated

15/05/16 Storage schedule dated received 25 July 2016 Email from Garth Heynen dated 2/09/16 response to ODASA comments CPTED inclusions – Mint Living dated received 25 July 2016 Fire & Life Safety Requirements prepared by Lucid Consulting Australia dated

12 July 2016 NHA:jt Ref LCE11009-001


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AGENDA ITEM 3.2.2

Heynen Planning Consultants Planning Statement for Lodgement Revision V1dated 15/3/16

2. The recommendations of the Environmental Noise Assessment Report prepared byVipac Engineers & Scientists Ltd dated 15 July 2016 Reference 50B-16-0071-DRP-799831-2 shall be implemented in the detailed design stage.

3. Mechanical plant or equipment shall be designed, sited and screened to minimisenoise impact on adjacent premises or properties. The noise level associated with thecombined operation of plant and equipment such as air conditioning, ventilation andrefrigeration systems when assessed at the nearest existing or envisaged noisesensitive location in or adjacent to the site shall not exceed 50 dB(A) during daytime(7.00am to 10.00pm) and 40 dB(A) during night time (10.00pm to 7.00am) at themost affected residence when measured and adjusted in accordance with therelevant environmental noise legislation except where it can be demonstrated that ahigh background noise exists.

4. A Construction Environment Management Plan (CEMP) shall be prepared andimplemented in accordance with current industry standards – including the EPApublication “Environmental Management of On-site Remediation” - to minimiseenvironmental harm and disturbance during construction.The management plan must incorporate, without being limited to, the followingmatters:

a. air quality, including odour and dustb. surface water including erosion and sediment controlc. soils, including fill importation, stockpile management and prevention of

soil contaminationd. groundwater, including prevention of groundwater contaminatione. noisef. occupational health and safety

For further information relating to what Site Contamination is, refer to the EPAGuideline: 'Site Contamination – what is site contamination?':www.epa.sa.gov.au/pdfs/guide_sc_what.pdf A copy of the CEMP shall be provided tothe Development Assessment Commission prior to the commencement of site works.

5. All vehicle car parks, driveways and vehicle entry and manoeuvring areas shall bedesigned and constructed in accordance with the relevant Australian Standards andbe constructed, drained and paved with bitumen, concrete or paving bricks inaccordance with sound engineering practice and appropriately line marked to thereasonable satisfaction of the Development Assessment Commission prior to theoccupation or use of the development.

6. All materials and goods shall be loaded and unloaded within the boundaries of thesubject land.

7. All loading and unloading, parking and manoeuvring areas shall be designed andconstructed to ensure that all vehicles can safely enter and exit the subject land in aforward direction.


26

AGENDA ITEM 3.2.2

8. The on-site Bicycle Parking facilities shall be designed in accordance with AustralianStandard 2890.3-1993 and the AUSTROADS, Guide to Traffic Engineering PracticePart 14 – Bicycles.

9. The applicant shall submit a final detailed landscaping maintenance and irrigationmanagement plan, to the satisfaction of the Development Assessment Commission,prior to the commencement of the site works. The landscaping shown on that planshall be established prior to occupation of the development and shall be nurtured andmaintained, with any dead or dying plants to be replaced.

10. The Community Strata Corporation shall clean and maintain all waste storage areasto the satisfaction of Development Assessment Commission.

11. That the finished floor level of the ground floor of the development herein approved,shall be the same as the level of the adjacent footpath to enable all access points tomatch the existing footpath level.

12. A stormwater management plan shall be submitted to the satisfaction of theDevelopment Assessment Commission prior to the substructure being constructed.The post-development discharge flow rates shall be no greater than pre-developmentflows in a 20 year ARI event. The stormwater management plan shall include theprovision of rainwater recapture and re-use within the development.

13. All stormwater design and construction shall be in accordance with AustralianStandards and recognised engineering best practices to ensure that stormwater doesnot adversely affect any adjoining property or public road.

14. All external lighting of the site, including car parking areas and buildings, shall bedesigned, located, shielded and constructed to conform to Australian Standards.

15. That the development and the site shall be maintained in a serviceable condition andoperated in an orderly and tidy manner at all times.

16. Graffiti shall be removed within five (5) business days of the graffiti becoming knownor visible with the timely removal of graffiti being the responsibility of the operatorsof the development.

ADVISORY NOTES

a. The development must be substantially commenced within 12 months of the date ofthis Notification, unless this period has been extended by the DevelopmentAssessment Commission.

b. The authorisation will lapse if not commenced within 12 months of the date of thisNotification.

c. The applicant is also advised that any act or work authorised or required by thisNotification must be completed within 3 years of the date of the Notification unlessthis period is extended by the Commission.

d. The applicant has a right of appeal against the conditions which have been imposedon this Development Plan Consent or Development Approval.


27

AGENDA ITEM 3.2.2

e. Such an appeal must be lodged at the Environment, Resources and DevelopmentCourt within two months from the day of receiving this notice or such longer time asthe Court may allow.

f. The applicant is asked to contact the Court if wishing to appeal. The Court is locatedin the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 82040289).

Environmental Duty

g. The applicant is reminded of its general environmental duty, as required by Section25 of the Environment Protection Act 1993, to take all reasonable and practicalmeasures to ensure that the activities on the whole site, including duringconstruction, do not pollute the environment in a way which causes or may causeenvironmental harm.

h. Any information sheets, guidelines documents, codes of practice, technical bulletinsetc. that are referenced in this response can be accessed on the following web site:http://www.epa.sa.gov.au/pub.htm.

i. The emission of noise from the premises is subject to control under the EnvironmentProtection Act and Regulations, 1993 and the applicant (or person with the benefit ofthis consent) should comply with those requirements.

j. The subject land is within a Designated Area for the purpose of the Noise and AirEmissions Overlay and must therefore achieve the requirements of the Minister’sSpecification. It is anticipated that noise attenuation treatments will be necessaryand that an acoustic engineer should be engaged to assist in the suitable design ofsuch treatments.

Construction

k. The applicant must ensure there is no objection from any of the public utilities inrespect of underground or overhead services and any alterations that may berequired are to be at the applicant’s expense.

l. As work is being undertaken on or near the boundary, the applicant should ensurethat the boundaries are clearly defined, by a Licensed Surveyor, prior to thecommencement of any building work.

Protection of Street Tree

m. To maintain the street tree the applicant is advised to consult Australian Standard AS4970 – 2009 Protection of Trees on Development Sites to ensure the incorporation ofprotective fencing, mulch and appropriate remedial treatments.

Requirements of the standard include:

• The establishment of Tree Protection Zones to restrict activities including thedumping of waste, machine excavation, storage and preparation ofchemicals, and physical damage to trees;

• The erection of protective fencing around a Tree Protection Zone prior tomachinery or materials brought onto the site;

• The use of approved signs to identify the Tree Protection Zone;• Mulching, watering and weed removal recommendations to maintain the tree

protection zone.


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AGENDA ITEM 3.2.2

Regular monitoring of tree protection measures should be undertaken throughoutthe development and construction process to ensure that any trees to be retainedon the site are carefully managed to ensure their long-term survival and growth

Yasmine AlliuPLANNING OFFICER

development assessment commission agenda …...development assessment commission 29 september 2016 2...

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