minutes of a meeting of council … of a meeting of council assessment panel held in the alexandrina...

21
MINUTES OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00 AM PRESENT D Donaldson (Chair), T Lambert, G House, Cr J Stewart APOLOGIES D Dawson IN ATTENDANCE T Gregory (Consultant Planner), A Sladden (Senior Town Planner), A Wilkinson (Coordinator Planning Assessment), S De Gennaro (Administration) CONFLICT OF INTEREST Alexandrina Council Assessment Panel Members are reminded of the requirements for disclosure by Members of direct or indirect personal or pecuniary interest in a matter listed for consideration on the Agenda. Section 56A of the Development Act 1993 requires that any Member declares any interest and provide full and accurate details of the relevant interest to the Panel prior to consideration of that item on the Agenda. Each Member of the Council Assessment Panel has a duty to vote at all meetings unless excepted by legislation. The major exception being where a Member has a conflict of interest. All discussion and consideration of decisions about development applications before Council’s Council Assessment Panel will be made in public unless otherwise determined by the Panel in accordance with Section 56A(12) (b) of the Development Act 1993. INTERIM MEETING PROCEDURES Moved T Lambert Seconded G House that the current meeting procedures of the Development Assessment Panel are maintained until such time as the Meeting Procedures of the Council Assessment Panel are adopted. CARRIED UNANIMOUSLY

Upload: trandat

Post on 20-Mar-2018

218 views

Category:

Documents


5 download

TRANSCRIPT

Page 1: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

MINUTES OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA,

ON 19 OCTOBER 2017 AT 11:00 AM

PRESENT D Donaldson (Chair), T Lambert, G House, Cr J

Stewart

APOLOGIES D Dawson

IN ATTENDANCE T Gregory (Consultant Planner), A Sladden (Senior Town Planner), A Wilkinson (Coordinator Planning Assessment), S De Gennaro (Administration)

CONFLICT OF INTEREST

Alexandrina Council Assessment Panel Members are reminded of the requirements for disclosure by Members of direct or indirect personal or pecuniary interest in a matter listed for consideration on the Agenda. Section 56A of the Development Act 1993 requires that any Member declares any interest and provide full and accurate details of the relevant interest to the Panel prior to consideration of that item on the Agenda. Each Member of the Council Assessment Panel has a duty to vote at all meetings unless excepted by legislation. The major exception being where a Member has a conflict of interest.

All discussion and consideration of decisions about development applications

before Council’s Council Assessment Panel will be made in public unless otherwise determined by the Panel in accordance with Section 56A(12) (b) of the

Development Act 1993. INTERIM MEETING PROCEDURES Moved T Lambert Seconded G House that the current meeting procedures of the Development Assessment Panel are maintained until such time as the Meeting Procedures of the Council Assessment Panel are adopted.

CARRIED UNANIMOUSLY

Page 2: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 1. CONFIRMATION OF MINUTES Minutes of the Alexandrina Development Assessment Panel meeting held on 21 September 2017. RESOLUTION Moved T Lambert Seconded G House that the minutes of the Alexandrina Council Development Assessment Panel held on 21 September 2017 as circulated to members be received as a true and accurate record.

CARRIED UNANIMOUSLY

D Donaldson (Chair) moved to consider Item 4.2 as the first item.

Page 3: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 2. RESOLVE TO PROCEED ITEM 2.1 APPLICATION 455/252/16 PROPOSED DEV. Storage Shed (Heritage Green in Colour) (Non-complying) SUBJECT LAND Allotment 1, 68 Marchant Road, Strathalbyn APPLICANT Robert Addison AUTHOR Alex Wilkinson LODGEMENT DATE 24 March 2016

DEVELOPMENT APPLICATION DETAILS

Zone Rural Living

Form of Development Non-Complying

Public Notification Category 3

Development Plan Alexandrina Council Development Plan consolidated 12

February 2015

Assessing Officer Alex Wilkinson

Recommendation Resolve to Proceed with assessment

Date last inspected 18 August 2017

Moved T Lambert Seconded J Stewart that the Council Assessment Panel resolve to proceed to a full assessment of application 455/252/16 for a Store Shed (Heritage Green in Colour) (Non-complying) at Allotment 1, 68 Marchant Road, Strathalbyn.

CARRIED UNANIMOUSLY

Page 4: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 2.2 APPLICATION 455/674/17 PROPOSED DEV Dredging of Reeds for Recreation Area – Swimming and Boat

Access, and the Installation of Navigation Posts (Non-Complying) SUBJECT LAND Section 447 Island View Drive, Clayton Bay APPLICANT Alexandrina Council AUTHOR Tom Gregory LODGEMENT DATE 08 August 2017 DEVELOPMENT APPLICATION DETAILS

Zone Conservation Zone

Form of Development Non-Complying

Development Plan Alexandrina Council Development Plan consolidated 24 November 2016

Assessing Officer Tom Gregory

Date last inspected September 2017

Recommendation Resolve to proceed with assessment

Moved G House Seconded J Stewart that the Council Assessment Panel resolve to proceed to a full assessment of application 455/674/17 for Dredging of Reeds for Recreation Area - Swimming and Boat Access, and the Installation of Navigation Posts (Non-Complying) Adjacent to Section 447 Island View Drive, Clayton Bay.

CARRIED UNANIMOUSLY

Page 5: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 3. DEVELOPMENT APPLICATIONS Nil

Page 6: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 4. DEVELOPMENT APPLICATIONS - NON-COMPLYING

ITEM 4.1 APPLICATION 455/D007/17 PROPOSED DEV Land Division - Creating One (1) Additional Allotment (Non-

Complying) SUBJECT LAND Lot 300 No 618 Deep Creek Road, Tooperang APPLICANT Lee McKenzie AUTHOR Andrew Sladden LODGEMENT DATE 25 February 2017 DEVELOPMENT APPLICATION DETAILS

Zone Policy Area

Primary Production Zone Mount Lofty Ranges Policy Area 9

Form of Development Non-Complying

Public Notification Category 3 Representations received: Nil Representations to be heard: Nil

Referrals – Statutory Department Environment Water & Natural Resources (DEWNR) Development Assessment Commission (DAC) SA Water

Referrals – Internal Infrastructure Department (Engineering)

Development Plan Alexandrina Council Development Plan consolidated 24 November 2016

Assessing Officer Andrew Sladden

Date last inspected 15 June 2017

Recommendation Development Plan Consent and Land Division Consent subject to State Commission Assessment Panel (SCAP) concurrence.

Moved T Lambert Seconded G House that the Council Assessment Panel resolves: That the proposed development is not considered to be seriously at variance with the Alexandrina Council Development Plan. That Development Plan Consent is GRANTED to application 455/D007/17 for Land Division creating One (1) Additional Allotment (Non-Complying) at 618 Deep Creek Road Tooperang in accordance with the plans and documentation submitted with the application and subject to the follow conditions and concurrence of the State Commission Assessment Panel. COUNCIL CONDITIONS 1. That except where minor amendments may be required by other relevant Acts, or

by conditions imposed by this application, the development shall be established in strict accordance with the details and plans prepared by Weber Frankiw and Associates P/L and marked reference number 60410div as submitted in development application number 455/D007/17.

Page 7: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

Reason: To ensure the proposal is established in accordance with the submitted and approved plans.

COUNCIL NOTE 1. The applicant is reminded to contact Council when all the Council's conditions

and requirements have been complied with and accordingly, the Development Assessment Commission will then be notified that the Council has no objections to the issue of the Certificate of Approval.

DEVELOPMENT ASSESSMENT COMMISSION CONDITION 1. A final plan complying with the requirements for plans as set out in the Manual of

Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES CONDITIONS 1. During any works or construction activities associated with the land division, the

subject land must be managed to prevent erosion and pollution of the site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained, to ensure no pollutants (including excavation or fill material) enter the River Murray system.

DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES NOTES 1. The applicant is advised of their general duty of care to take all reasonable

measures to prevent any harm to the River Murray through his or her actions or activities.

2. It is important to note that the following applies to the subject land under the

Natural Resources Management Act 2004: o The Prescription of the Water Resources in the Eastern Mount Lofty Ranges,

which requires those that are or are proposing to use surface, watercourse and/or underground water for any purpose - other than stock and domestic use - at any time in the future, to apply for a water licence with the Department of Environment, Water and Natural Resources (DEWNR);

o If there is a proposal to take surface water, watercourse water or underground water or if there are any existing water uses that may be impacted by the development, the interested parties should contact the DEWNR Water and Fauna Permits Program (Berri office) on (08) 8595 2053 or visit: http://www.environment.sa.gov.au/managing-natural-resources/water-use/water-planning/water-licences-and-permits.

3. Section 144 of the Natural Resources Management Act 2004 requires the occupier

of the land on which a well is situated to ensure that the well (including the casing, lining and screen of the well and any mechanism used to cap the well) is properly maintained. A permit is required from the Department of Environment, Water and Natural Resources for any work to be carried out on a well or for new wells to be

Page 8: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

drilled. Information on specific wells can be obtained from www.waterconnect.sa.gov.au. For information regarding permit applications contact the Department on telephone 8735 1134 or visit:

http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms.

4. Any fencing required to identify allotment boundaries should avoid the

unnecessary removal of native vegetation and disturbance of soil, to minimise the risk of soil erosion and subsequent impacts on water quality through increases in siltation, nutrient loading and turbidity.

5. If there is an intention to clear native vegetation on the land at any time, the

applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9777 or visit: http://www.nvc.sa.gov.au.

6. The River Murray and many of its tributaries and overflow areas have abundant

evidence of Aboriginal occupation and Aboriginal sites, objects or remains may be present on the subject land. Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

CARRIED UNANIMOUSLY

Page 9: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 4.2 APPLICATION 455/D011/17 PROPOSED DEV Land Division Creating One (1) Additional Allotment (Non-

Complying) SUBJECT LAND Lot 301 (No 14-30) Waterport Road, Port Elliot APPLICANT Areti Pty Ltd AUTHOR Andrew Sladden LODGEMENT DATE 31 March 2017 DEVELOPMENT APPLICATION DETAILS

Zone Policy Area Precinct

Primary Production Mount Lofty Ranges 9 Precinct 14 Landscape

Form of Development Non-Complying

Public Notification Category 3 Representations received: 2 Representations to be heard: Nil

Referrals – Statutory SA Water Development Assessment Commission (DAC)

Referrals – Internal Engineering & Open Space Division

Development Plan Alexandrina Council Development Plan consolidated 24 November 2016

Assessing Officer Andrew Sladden

Date last inspected June 2017

Recommendation Development Plan Consent and Land Division Consent subject to State Commission Assessment Panel (SCAP) concurrence.

C Rowe was invited to speak by D Donaldson (Chair) from 11:05am to 11:06am Moved G House Seconded J Stewart that the Council Assessment Panel resolves: That the proposed development is not considered to be seriously at variance with the Alexandrina Council Development Plan. That Development Plan Consent and Land Division Approval is GRANTED to application 455/D011/17 for Land Division creating One (1) Additional Allotment (Non-Complying) at Lot 301 (No 14-30) Waterport Road, Port Elliot in accordance with the plans and documentation submitted with the application and subject to the follow conditions and concurrence of the State Commission Assessment Panel. COUNCIL CONDITION 1. That except where minor amendments may be required by other relevant Acts, or

by conditions imposed by this application, the development shall be established in strict accordance with the details and plans prepared by Andrew and Associates P/L and marked reference number 217083-1 as submitted in development application number 455/D011/17.

Page 10: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

Reason: To ensure the proposal is established in accordance with the submitted and approved plans.

COUNCIL NOTE 1. The applicant is reminded to contact Council when all the Council's conditions

and requirements have been complied with and accordingly, the Development Assessment Commission will then be notified that the Council has no objections to the issue of the Certificate of Approval.

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS 1. The financial requirements of the SA Water Corporation shall be met for the

provision of water supply (SA Water H0057496). SA Water advises on receipt of the developer details and site specifications an

investigation will be carried out to determine if the connection/s to the development will be costed as standard or non standard.

2. A final plan complying with the requirements for plans as set out in the Manual of

Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

CARRIED UNANIMOUSLY

Page 11: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 4.3 APPLICATION 455/369/17 PROPOSED DEV Fixed Wireless Telecommunications Facility Comprising A 40

Metre High Monopole Antennas And Associated Infrastructure (Non-Complying)

SUBJECT LAND Lot 27 No 81 Chapel Hill Road, McHarg Creek APPLICANT Nbn Co Limited AUTHOR Alex Wilkinson LODGEMENT DATE 03 May 2017 DEVELOPMENT APPLICATION DETAILS

Zone Policy Area

Primary Production Mount Loft Ranges 9

Form of Development Non-Complying

Public Notification Category 3 Representations received: 1 Representations to be heard: 1

Referrals – Statutory Nil

Referrals – Internal Nil

Development Plan Alexandrina Council Development Plan consolidated 24 November 2016

Assessing Officer Alex Wilkinson

Date last inspected 02 June 2017

R Cleghorn was invited to speak by D Donaldson (Chair) from 11:19am to 11:22am L Nicholson was invited to speak by D Donaldson (Chair) from 11:22am to 11:31am

Moved T Lambert Seconded G House that the Council Assessment Panel resolves: That the proposed development is not considered to be seriously at variance with the Alexandrina Council Development Plan consolidated 24 November 2016. That Development Plan Consent is GRANTED to application 455/369/17 for a Fixed Wireless Telecommunications Facility Comprising A 40 Metre High Monopole Antennas and Associated Infrastructure (Non-Complying) at Lot 27 No 81 Chapel Hill Road, Mcharg Creek in accordance with the plans and documentation submitted with the application and subject to the following conditions and concurrence of the State Commission Assessment Panel:

COUNCIL CONDITIONS 1. The development here in approved shall be undertaken and maintained in

accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council, except where varied by the following conditions.

Page 12: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

Reason: To ensure the development is undertaken in accordance with the approved plans, drawings, specifications and other documents submitted.

2. The external finishes to the building or structure herein approved shall be in accordance with the materials as specified in the application. Reason: To maintain and enhance the visual amenity of the locality in which the

subject land is situated 3. Excavation of the site shall be kept to a minimum to preserve the natural form of

the land, and be managed in such a way as to prevent erosion. Reason: To ensure that excavations and filled land is stable and will not result in any adverse impact on adjoining properties. 4. That effective measures be implemented during the construction of the

development and on-going use of the land in accordance with this consent to:

- prevent silt run-off from the land to adjoining properties, roads and drains; - control dust arising from the construction and other activities, so as not to, in

the opinion of Council, be a nuisance to residents or occupiers on adjacent or nearby land;

- ensure that soil or mud is not transferred onto the adjacent roadways by vehicles leaving the site;

- ensure that all litter and building waste is contained on the subject site in a suitable bin or enclosure; or

- ensure that no sound is emitted from any device, plant or equipment or from any source or activity to become an unreasonable nuisance, in the opinion of Council, to the occupiers of adjacent land.

Reason: To minimise potential adverse off site environmental impacts. COUNCIL NOTES 1. The applicant /owner is advised that should a new crossover (access point) be

constructed that approval will need to be obtained from Council's Engineering Department and that the construction of the crossover be constructed to Australian Standards at the owners expense. It is also noted that Council will not allow the removal of any street trees.

Any portion of Council’s infrastructure damaged as a result of work undertaken

must be repaired/reinstated to Council’s satisfaction at the developer’s expense. 2. Building Site Management Upon granting of Development Approval, any person undertaking the

development shall be required to conform to the following guidelines: Construction Hours: That construction shall take place between 7am and 7pm

Monday to Saturday and between 9am and 6pm on Sundays and public holidays.

Page 13: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

All such work shall be undertaken in such a manner so as not to cause any nuisance or annoyance to any of the occupiers of buildings within the locality.

Dust Emissions: That dust emissions from the site shall be controlled by a dust

suppressant or by watering regularly. Waste Receptacle: That the builder shall at all times provide and maintain a waste

receptacle on the site for the storage of builder’s waste. This receptacle shall be located on site for the duration of the construction period and be emptied as required.

Storm water Runoff: That all runoff and storm water from the subject site during

the construction period must be either contained on site or directed through a temporary sediment trap, prior to discharge to the storm water system.

Hard Waste Litter Storage: That all hard building materials be stored in a manner

that secures it on site during the construction works. Site Security: That the site shall be secured at all times to prevent unauthorised

access and that adjoining properties are secure at all times during the period of construction works where fences have been removed.

Public Realm: That any work in the public realm requiring street occupation or

hoardings requires Council consent, which must be granted prior to the commencement of the construction works.

CARRIED UNANIMOUSLY

Page 14: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 5. DEVELOPMENT APPLICATIONS - CATEGORY 3 ITEM 5.1 APPLICATION 455/1043/15 PROPOSED DEV Integrated Surf Life Saving Facility - Including Demolition of

Existing Public Toilets SUBJECT LAND Sec278 Beach Road, Goolwa South APPLICANT Goolwa Surf Life Saving Club AUTHOR Alex Wilkinson LODGEMENT DATE 24 November 2015 DEVELOPMENT APPLICATION DETAILS

Zone Coastal Conservation Zone

Form of Development Consent on Merit

Public Notification Category 3 Representations received: 37 Representations to be heard: 2

Referrals – Statutory Department Environment Water & Natural Resources (DEWNR) Coastal Protection Board

Referrals – External Non- Statutory

Department Environment Water & Natural Resources (DEWNR) Aboriginal Affairs and Reconciliation Division Crown Lands

Referrals – Internal Infrastructure Department Health, Environment & Community Safety Department Engineering & Open Space Division

Development Plan Alexandrina Council Development Plan consolidated 7 May 2015

Assessing Officer Alex Wilkinson

Date last inspected 29 September 2017

Recommendation Development Plan Consent Subject to Conditions

T Boxall (Architect) was invited to speak by D Donaldson (Chair) from 11:37am to 11:41am Moved T Lambert Seconded J Stewart that the Council Assessment Panel resolves: That the proposed development is not considered to be seriously at variance with the Alexandrina Council Development Plan consolidated 7 May 2015. Delegate the execution of the reserve matter to council staff. That Development Plan Consent is GRANTED to application 455/1043/15 for Integrated Surf Life Saving Facility - Including Demolition of Existing Public Toilets at Sec 278 Beach Road, Goolwa Beach in accordance with the plans and documentation submitted with the application subject to the conditions notes and reserve matter.

Page 15: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

RESERVED MATTERS The following detailed information shall be submitted for further assessment and approval by the council as reserved matters pursuant to section 33(3) of the Development Act 1993: (i) An infrastructure agreement including but not limited to works external to the site

including the stormwater system and Community Waste Water Management System.

Pursuant to Section 33(1) of the Development Act 1993, the council reserves its decision on the form and substance of any further conditions of Development Plan consent that it considers appropriate to impose in respect of the reserved matters as delineated by condition 1. COUNCIL CONDITIONS 1. The development here in approved shall be undertaken and maintained with the

stamped approved plans, drawings, specifications and other documents submitted to the Council, except where varied by the following conditions.

Reason: To ensure the development is undertaken in accordance with the

approved plans, drawings, specifications and other documents submitted. 2. The building shall have a maximum of 200 patrons at any given time. 3. That effective measures be implemented during the construction of the

development and on-going use of the land in accordance with this consent to:

- prevent silt run-off from the land to adjoining properties, roads and drains; - control dust arising from the construction and other activities, so as not to, in

the opinion of Council, be a nuisance to residents or occupiers on adjacent or nearby land;

- ensure that soil or mud is not transferred onto the adjacent roadways by vehicles leaving the site;

- ensure that all litter and building waste is contained on the subject site in a suitable bin or enclosure; or

- ensure that no sound is emitted from any device, plant or equipment or from any source or activity to become an unreasonable nuisance, in the opinion of Council, to the occupiers of adjacent land.

Reason: To minimise potential adverse off site environmental impacts. 4. The use and any associated processes or activities carried on shall not

detrimentally affect the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Reason: To maintain the amenity of the locality.

Page 16: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

5. No signs are to be erected or displayed on the building or about the curtilage of the property without the written consent of Council.

Reason: To restrict the proliferation of advertisements on site 6. That the building/structure be located at least 2.5 metres from any septic tank or

associated infrastructure. Reason: To ensure compliance with Environmental Health Standards. 7. All storm water drainage shall discharge so that it does not flow or discharge onto

land of adjoining owners or, in the opinion of Council, detrimentally affect structures on this site or any adjoining land.

Reason: To ensure storm water is disposed of in a controlled manner. 8. External lighting and security lighting shall be directed in such a manner so as to

not, in the opinion of Council, create unreasonable overspill onto any adjoining property or roadway which may create a nuisance to any neighbour or road user.

Reason: To ensure that floodlighting does not cause nuisance or danger to

adjoining occupiers or road users thereby reducing the amenity of the locality and/or making road use unsafe.

9. The Applicant/ Builder must, for the duration of construction, take action to

control, minimise or eliminate (as far as reasonable practical) any local nuisance including (but not limited to) noise, dust, vibration, odour, fumes or aerosols that may be created by the construction work that may have an adverse effect on the amenity value of the locality.

10. A detailed landscaping plan specifying the species and location of plantings on

the site shall be provided for the approval of Council prior to final Development Approval.

11. All plants, shrubs, trees and lawn and/or ground cover shall be maintained in

good condition at all times. Any seriously diseased, dying or dead vegetation shall be promptly replaced to the reasonable satisfaction of council.

12. Adequate litter bins, waste storage facilities and waste disposal systems shall be

installed for use by tenants and users of the subject site so as to be regularly collected and placed in appropriate waste receptacles.

13. The waste storage areas and/or receptacles shall be screened so as to reduce

their visual prominence when viewed from the surrounding locality.

Page 17: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

14. The business shall be restricted to hours of operation as follows: 1st Oct to 30th April

Oct / Nov - Mon - Thursday 8am- 9pm Oct / Nov - Friday 8am - 9pm + to midnight when function booked Oct / Nov - Saturday 8am - 9pm + to midnight when function booked Oct / Nov - Sunday 8am-9pm Dec / April - Mon - Thursday 8am-9pm Dec / April - Friday 6am - 9pm + to midnight when function booked Dec / April - Saturday 6am - 9pm + to midnight when function booked Dec / April - Sunday 8am- 9pm 1st May to 30th September Mon – Thursday 6pm - 8pm Friday 6pm - 8pm + to midnight when function booked Saturday 6pm - 8pm + to midnight when function booked Sunday 6pm - 8pm

15. Waste disposal vehicles and general delivery vehicles shall only service the

development between the hours of 7.00am and 7.00pm Monday to Saturday inclusive, and shall, at all times, be restricted to the confines of the subject land.

COUNCIL NOTES 1. Based upon current knowledge and information the development and

development site is at some risk of coastal erosion and inundation due to extreme tides notwithstanding any recommendations or advice herein, or may be at future risk. Neither erosion nor the effect of sea level change on this can be predicted with certainty. Also, mean sea level may rise by more than the 0.3 metres assumed in assessing this application.

Accordingly neither the South Australian Coast Protection Board nor any of its

servants, agents or officers accept any responsibility for any loss of life and property that may occur as a result of such circumstances.

2. The Coast has abundant evidence of Aboriginal occupation and Aboriginal sites,

objects or remains may be present on the subject land. Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first

Page 18: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

3. The food premises must not commence business until a ‘Food Business

Notification Form’ has been completed and submitted to Council’s Community Health Team as required by the Food Act 2001.

4. The food premises must be designed and constructed as per Australian Standard

4674-2004 ‘Design, construction and fit-out of food premises’. COASTAL PROTECTION BOARD CONDITIONS 9. Landscaping associated with this development should consist of local native

coastal species to improve coastal biodiversity, minimise the spread of exotic plants on the coast and for effective stabilisation of the landform.

10. All exposed earthworks and any parts of the dune system impacted by

construction works shall be revegetated with local native coastal grasses, ground covers and shrubs at the earliest opportunity during the appropriate growing season to mitigate sand dune drift and erosion.

COASTAL PROTECTION BOARD NOTES A portion of the subject site contains native vegetation. Your attention is drawn to

the provisions of the Native Vegetation Act 1991 in respect to approvals required for the clearance of native vegetation.

This is a sensitive coastal area in close proximity to coastal waters. Stormwater

should not be discharged to the coast. The development is located on Crown Land. Consultation should occur with the

Crown Land Programme, Department of Environment, Water and Natural Resources’ to obtain relevant t consents and to ensure native title rights and interests have been addressed.

The applicant is reminded of its general environmental duty, as required by

Section 25 of the Environment Protection Act, to take all reasonable and practical measures to ensure that the activities on the site, including during construction, do not pollute or impact on the environment in a way which may cause environmental harm.

CARRIED UNANIMOUSLY

Page 19: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 6. DEVELOPMENT APPLICATIONS - LAND DIVISION/COMMUNITY TITLE

Nil

ITEM 7. MATTERS REFERRED FOR FOLLOW UP

Nil

Page 20: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 8. GENERAL ITEMS FOR DISCUSSION ITEM 8.1 Council Assessment Panel – Adoption of Terms Of Reference and Meeting

Procedures

Officer Resp. for Report: Sally Roberts, Manager Planning and Development.

RECOMMENDATION Moved J Stewart Seconded T Lambert that the Panel notes Terms of Reference and request: 1. The Council to consider the appointment of a deputy member to ensure the

availability of a quorum given the decrease in Panel membership 2. Include a clause regarding the submission of an Annual Report within 3 months

of the completion of the term. CARRIED UNANIMOUSLY

Moved G House Seconded T Lambert that the Council Assessment Panel adopts the Meeting Procedures subject to minor amendments (1.10, 4.1, 5.6.2, 5.6.4, 5.6.5, 5.6.6, 7.3).

CARRIED UNANIMOUSLY

Page 21: MINUTES OF A MEETING OF COUNCIL … OF A MEETING OF COUNCIL ASSESSMENT PANEL HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA, ON 19 OCTOBER 2017 AT 11:00

ALEXANDRINA COUNCIL

Council Assessment Panel Minutes 19 October 2017

ITEM 9. NEXT MEETING

Next meeting is scheduled for Thursday 16 November 2017 commencing at 11:00am MEETING CLOSED AT: 12.32am MINUTES CONFIRMED………………………………………………………………….. CHAIR DATED:……………………………………………………………………………………….