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NOTICE OF MEETING

COUNCIL’S

ASSESSMENT PANEL

TO:

Members

Simon Weidenhofer Presiding Member

Kate Shierlaw

Damian Dawson

Sue Giles

Cr Rick Williams

15th May, 2018

On-site inspection commencing at 9:30am at 1626 Inman Valley Road, Inman Valley

Meeting Commencing at 10:00am in the Council Chambers 1 Charles Street, Yankalilla

Matt Robertson Assessment Manager 10th May, 2018

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Contents

1 Commencement ............................................................................. 3

2 Present ........................................................................................... 3

3 Apologies ....................................................................................... 3

4 Conflict Of Interest......................................................................... 3

5 Confirmation of Minutes ................................................................ 3

6 Visitors to the Meeting .................................................................. 3

7 Deferred Matter/s ........................................................................... 3

8 Development Assessment Applications ...................................... 4

8.1 CAP – 4/18

DWELLING – DETACHED SINGLE STOREY DWELLING

AND CARPORT & DEMOLITION OF EXISTING

DWELLING- (NON COMPLYING) –

ALLOTMENT 5 IN DP 156187 YACCA ROAD,

YANKALILLA

8.2 CAP- 5/18 ……………8

DWELLING - SINGLE STOREY & GARAGE AND

CONVERT EXISTING DWELLING TO TOURIST

ACCOMMODATION - NON-COMPLYING FORM OF

DEVELOPMENT

ALLOTMENT 2 IN FP 40084 INMAN VALLEY ROAD,

INMAN VALLEY

9 Confidential Reports/Items ...................................................... 18

10 Other Business ......................................................................... 18

11 Policy Issues ............................................................................ 18

12 Next Meeting ............................................................................. 18

13 Meeting Closed ......................................................................... 18

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1 Commencement

Including recognition of the traditional land owners

We would like to begin by acknowledging the Kaurna people, the

traditional custodians of this land and pay our respects to their

elders past and present.

2 Present

3 Apologies

4 Conflict of Interest

5 Confirmation of Minutes

Recommendation

That the minutes of Council’s Assessment Panel held 17th April,

2018 as circulated be confirmed as an accurate record of the

proceedings of that meeting.

6 Visitors to the Meeting

Item 8.1 Ms R. Eisner (owner)

7 Deferred Matter/s

Nil.

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8 Development Assessment Applications

8.1 CAP – 04/18

REF NO: 260/328/17

APPLICANT: PLAN AHEAD DRAFTING & DESIGN

OWNER: RUTH EISNER

SUMMARY TABLE:

Date of Application 05.12.2017

Subject Land ALLOTMENT 5 IN DP 156187, NO. 91

YACCA ROAD, YANKALILLA

Relevant Authority Yankalilla Council

Planning Zone PRIMARY INDUSTRY ZONE

Nature of Development DWELLING – DETACHED SINGLE

STOREY DWELLING AND CARPORT &

DEMOLITION OF EXISTING DWELLING

(NON COMPLYING)

Type of Development NON-COMPLYING

Public Notice CATEGORY 3

(NOT YET UNDERTAKEN)

Recommendation PROCEED WITH ASSESSMENT

Originating Officer TOM GREGORY

The Proposal

The proposed development is for the construction of a single storey

detached dwelling and carport and the demolition of the existing dwelling

on site upon completion of the proposed dwelling.

The proposed dwelling includes:

• 2 bedrooms

• 1 studio

• 1 bathroom

• Large open planned lounge, dining and kitchen area

• A deck on the northern side of the building

• A verandah and ramp deck on the southern side of the building.

The dwelling has a maximum height of approximately 5.9 metres above

natural existing ground level.

The materials for the dwelling are proposed to be;

• Galvanised corrugated skillion roofing

• Hebel powerpanel cladding, sandstone render finish

• Aluminium doors and windows

• Hardwood timber decking

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The dwelling will be located 14.0 metres from the southern boundary and

51.0 metres from the eastern boundary which aligns with Yacca Road.

This area will require minimal clearance of vegetation.

The proposal includes the demolition of the existing dwelling on site upon

the completion of the proposed dwelling. The access points, driveway

and rainwater tanks will remain.

Site & Locality

The land is contained within Certificate of Title Volume 5283 Folio 283 as

being allotment 5 in DP 156187.

The allotment is fairly regular in shape however its northern boundary

follows the Carrickalinga Creek line. The subject land is approximately 2

hectares in size and has a frontage to Yacca Road of approximately 170

metres.

The subject land currently contains a detached dwelling, various

outbuildings and a dam. The dwelling and other buildings are generally

located in the south east section of the land.

The locality is generally comprised of larger sized rural allotments, most of

which appear to contain a detached dwelling and outbuildings. Land within

the locality is predominantly used for cropping and grazing.

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Yankalilla Development Plan

The subject land is depicted in Map Ya/3 as being in the Primary Industry

Zone.

Comments

Although the intent is only to have one dwelling on the property, the

proposal constitutes a non-complying form of development within the

Primary Industry Zone.

Principle of Development Control 59 of the Primary Industry Zone

identifies all forms of development as non-complying subject to a list of

exceptions. The exception effectively states that (subject to meeting a

number of design criteria) a detached dwelling is non-complying where

an existing detached dwelling already exists on site. Although in this

instance the intent is to remove the existing dwelling upon completion of

the proposed dwelling, there will effectively be two dwellings on the

allotment for a small portion in time, and therefore the proposal is

considered to be a non-complying form of development for assessment

purposes.

A Statement in Support has been provided by the applicant, please find

attached.

The Panel must first consider whether to proceed with the assessment of

this application and this report has been prepared for that purpose.

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The non-complying application process has 3 major stages. This

initial stage is to decide whether to proceed with an assessment of

the application. If an assessment is to be undertaken, the second

stage involves public notification, agency referral, and a full analysis

of the proposal finalising in a debate and a decision by the Panel.

Should the Panel resolve to approve the proposal, a third stage

involving the concurrence of the SCAP will be undertaken.

Conclusion

As an assessment of the merits of the proposal has not yet been

undertaken it would not be a fair and reasonable to conclude that the

proposal is at variance with the provisions of the Development Plan, and it

is therefore recommended that the Council Assessment Panel resolve to

proceed with an assessment of the application pursuant to Regulation 17

(3) (b) of the Development Regulations 2008.

Recommendation

That Council proceed with the assessment of the proposal, DA

260/327/2017, pursuant to Regulation 17(3)(b) of the Development

Regulations 2008.

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8.2 CAP – 05/18

REF NO: 260/194/17 APPLICANT: LONGRIDGE GROUP PTY LTD OWNER: LISA-CLAIRE SANGUESA SUMMARY TABLE:

Date of Application 13.07.2017

Subject Land ALLOTMENT 2 IN FP 40084

INMAN VALLEY ROAD, INMAN VALLEY

Relevant Authority Yankalilla Council

Planning Zone PRIMARY INDUSTRY ZONE

Nature of Development DWELLING - SINGLE STOREY & GARAGE AND CONVERT EXISTING DWELLING TO TOURIST ACCOMMODATION - NON-COMPLYING FORM OF DEVELOPMENT

Type of Development NON-COMPLYING

Public Notice CATGEORY 3

Referrals DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE- TRAFFIC OPERATIONS

Representations Received NIL

Recommendation GRANT DEVELOPMENT PLAN CONSENT SUBJECT TO CONDITIONS AND CONCURRENCE FROM THE STATE PLANNING COMMISSION

Originating Officer KIRSTY TAPP

The Proposal The proposal is comprised of two elements:

• the conversion of the existing dwelling into Tourist Accommodation and

• the construction of a new single storey dwelling elsewhere within the subject land.

The existing dwelling is of relatively modest size and proportions (66 square metres in floor area) and it is intended to retain the existing vehicle access point to the Inman Valley Road and the existing effluent disposal system (septic tank). This building will be converted to Tourist Accommodation (studio/retreat). No structural work is proposed to this building. The proposed new dwelling is comprised of 3 bedrooms, together with kitchen, dining and living areas. A deck is to be located on the northern

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side of the building to orientate views toward the Inman River and rural land beyond. This dwelling is to be used by the owner of the subject land The dwelling has a maximum height of approximately 5 metres. The materials for the dwelling are proposed to be; External Walls

• Hardi-board “old style” ‘Dune’

• Colorbond ‘Evening Haze’ Roof

• Colorbond ‘Dune’ The proposed dwelling will be located approximately 80 metres away from the existing dwelling between 17.5 and 20.1 metres back from the Inman Valley Road boundary and 25.55 metres to the eastern (side) boundary. A setback of approximately 50 metres is proposed to the banks of the Inman River (which forms the rear boundary of the subject land). The proposed dwelling is to be located within a cleared area of the site where no clearing of vegetation is required. A new on-site effluent disposal system is proposed to be installed to service this dwelling Access to the new dwelling will be via a new access/egress point along Inman Valley Road which is identified on figure 9 within the Statement of Effect. The existing access to the west will be retained for access to the western paddock with the middle access location being closed. Site & Locality The land is described in Certificate of Title Volume 5761 Folio 724 as being allotment 2 in FP 40084. The allotment is irregular in shape with a frontage to Inman Valley Road of approximately 214 metres and the rear boundary following the centreline of the Inman River. The depth of the site varies between 95 metres (eastern side), 100 metres (centre of site) and 171 metres (western side) The site has an overall area of 2.68 hectares. The Inman River is the northern allotment boundary for the allotment. An un-named watercourse dissects the land approximately in half, close to the existing building. The wider locality is predominantly comprised of rural landholdings. The immediate locality contains a number of small rural/residential allotments located to the east of the subject land. An allotment to the south of the subject land was the subject of a development application in 2007 (that was approved) to convert the existing dwelling to storage and construct a new dwelling.

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Public Notification The proposal was subject to Category 3 public notification as per Schedule 9 of the Development Regulations, 2008. One representation was received within the prescribed time-frame. (Please note: Councils officer comments in italic); The representation raised concerns about the separation distances between new development and existing development. That the distance should be suitable as to retain the peacefulness of the locality. The proposed new dwelling will be located approximately 65 metres to the closest dwelling with vegetation between the two buildings. This distance is considered to be of sufficient enough distance between the two buildings to not detrimentally affect the locality. The owner’s planning consultant has provided a separate response to the representation which is attached. Referrals Department of Planning, Transport & Infrastructure- Traffic Operations The department had no issue with the proposal subject to their conditions being placed on the approval. Council’s Technical Services Section (see comments below) has considered these conditions and condition 3 has been slightly altered as seen in the recommendation condition 11 were spray seal is not required. However the Council’s engineering section largely agrees with the advice from DPTI.

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Consultation Environmental Health Consultation has been undertaken with Council’s Environmental Health Section with regard to the effluent disposal system. The advice of the Environmental Health Officer is that the waste system lodged with Council is able to be granted approval. Engineering Consultation has been undertaken with Council’s Technical Services Section. The advice of the Technical Services Section is as follows;

I have assessed the application and advice submitted by DPTI and provide the following engineering comments and conditions of approval. DPTI Comments

• All vehicles shall enter/exit in a forward-facing direction

• New access onto Inman Valley Road shall be located in general accordance with Sarah Homes Site Plan, Job No. 4523PE, Drawing no. 2/7 dated 4/5/17 (amended plan – Council stamped 14/12/17)

• The new access to Inman Valley Road shall be 4.0m in width and be spray seal from the property boundary to the carriageway of Inman Valley Road

• The central access is to be permanently closed and fenced off

• Western most access shall be used for access to the western paddock/emergency purposes

• Centerline at new access and middle access requires modification in accordance with DPTI’s specifications.

Driveway Access The property currently has two existing accesses onto Inman Valley Road. A central access which is proposed to be closed and a western access which currently services the existing dwelling. The western access is proposed to remain and to be utilised for emergency access to the western paddock. A new access is proposed for the dwelling adjacent to the eastern property boundary. The proposed access appears to meet current Australian Standards in regard to sight distance requirements. DPTI have no objections to the proposed access arrangements. DPTI also state that there is a requirement for the modification of the centerline of Inman Valley Road, to create a break in the centre line for the new property access and remove the existing centre line break for the central access. These works are to be undertaken in accordance with DPTI’s specifications. DPTI requests that the access is to be sealed in spray seal. Council generally conditions that a property access provides all weather access that; does not result in loose debris being deposited on the sealed road, provides suitable vehicle traction when exiting the site and maintains the flow path of any existing side drain. To meet this condition the property access does not necessarily have to be sealed in spray seal/ asphalt if the materials used meet the above requirements.

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The internal driveway appears to provide area for vehicles to maneuver such that they are exiting the property in a forward-facing direction. Yankalilla Development Plan Consolidated on 12 May 2016 The subject land is depicted in Map Ya/3 as being in the Primary Industry Zone. Assessment Primary Industry Zone The Primary Industry Zone envisages primary production land use including grazing, viticulture and horticulture. On inspection of the subject land the land appears to be used as more of a hobby farm with no grazing or cropping activities evident. The size of the land and slope of the land would limit the viability of the allotment for agricultural purpose. PDC 37 for the Primary Industry Zone comments on the visibility of buildings being minimised from public roads and adjoining owners. The proposed dwelling will be partially visible from some vantage points in the valley and while driving along Inman Valley Road as are other dwellings along this stretch of Inman Valley Road The dwelling is not located on the highest section of the subject land however the land continues rising on the other side of the road. The views of the dwelling will be glimpses looking down onto the dwelling mainly from the road. Vegetation along the road and a small bank as well as vegetation along the eastern boundary will also assist in screening the dwelling from the road. The Statement of Effect outlines a willingness for a landscaping type condition being placed on any approval for low grasses at the rear of the dwelling (along Inman Valley Road side) in the battered area. A condition (condition 7 of the recommendation) to this effect has been placed on the recommendation given any plantings even low scale plantings will further site the dwelling into the landscape. PDC (Principle of Development Control) 41 and 42 of the Primary Industry Zone specifically relate to the development of dwellings in the Zone. PDC 41 requires not more than one dwelling being constructed per allotment. The proposal is for a new dwelling on the same allotment where one already exists. The buildings will be located approximately 110 metres from each other.

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The existing dwelling appears to be in sound condition. The building was approved in the early 1980’s and the advice from the applicant is that it is still a sound building however it is a small dwelling of some 66 square metres in floor area. The original dwelling intends to be used as tourist accommodation in the form of a studio/retreat. The original dwelling proposes no building work to the building only some tidying and maintenance. The original dwelling will be converted to tourist accommodation in the style of a studio/retreat and thus ultimately only one dwelling being the new building will be located on the subject land. Appearance of Land & Building Council-wide PDC 119 comments on the appearance of land and buildings

119 In rural areas, buildings and structures should be located in unobtrusive locations and, in particular, should: (a) be located well below the ridgeline; (b) be located within valleys or behind spurs; (c) be located in such a way as to not be visible

against the skyline when viewed from public roads; (d) be set well back from public roads, particularly

when the allotment is on the high side of the road; (e) be sited on an excavated rather than a filled site in

order to reduce the vertical profile of the building; (f) where possible, be located in such a way as to be

screened by existing native vegetation when viewed from public roads; and

(g) be located in such a way as to maximise the retention of existing native vegetation and the protection and retention of watercourses in their natural state.

The dwelling is located below a ridgeline. The site of the dwelling will have cut and fill, with a cut of approximately 0.6 metres and a fill of approximately 0.9 metres. This is considered to be reasonable. Existing vegetation located across the subject land will assist in further obscuring the dwelling. The proposed development consists a colorbond roof in colour ‘evening haze’ a light earthy brown colour. The walls will comprise of both ‘old style’ hardiplank in the colour ‘dune’ a light beige/grey colour and colorbond ‘evening haze’ in sections of the external wall. The use of natural lighter colours with the combination of materials is considered to advantageous in blending the dwelling into the landscape.

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The siting for the new dwelling is in an already cleared area and no vegetation will need to be removed. The new dwelling is sited away from the Inman Rover as well as the other watercourse on the subject land. Building Set-backs PDC 35 of the Primary Industry Zone comments on a minimum set-back distance from public roads being 50 metres. Council-wide PDC 136 comments on set-backs in rural areas, the distance of the building set-back from the road relates to the effectiveness of the screening of views of the building from the road by native vegetation, natural landforms and other features, or by other existing buildings. Council-wide PDC 137 addresses the distance which a building is set-back from a road should not create un-safe traffic conditions. Council-wide PDC 138 comments on building set-backs being consistent with the distance of other buildings in the locality. The dwelling is sited at its closest point to Inman Valley Road of approximately 17.5 metres. The locality identifies varying set-backs along Inman Valley Road particularly around the cluster of rural living style allotments. These dwellings are sited from the road between 26 metres to 36 metres to even 10 metres. The front set-back is considered to be in keeping with dwelling set-backs within the locality. Bushfire Protection Council-wide PDC’s 234-241 comment on Bushfire Protection. The subject land is located in a medium bushfire risk area as identified on Figure Ya(BPA)/7. The site plan identifies a 5000 litre rainwater tank for bushfire fighting. Two conditions relating to bushfire protection have been included in the recommendation. Comments The proposed development is a non-complying form of development as outlined by the Zone provisions due to two dwellings being located on the allotment for a short period of time. The development will be inconsistent with some provisions however on balance the impact of development with a new building to be used by the owner as a dwelling and the existing building converted to tourist accommodation in the form of a studio/retreat is considered to have sufficient merit to warrant the granting of development plan consent.

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Recommendation It is recommended that Council’s Assessment Panel resolve that the proposed development is not seriously at variance with the Yankalilla Development Plan. and grants Development Plan Consent to Development Application 260/194/2017. subject to the concurrence of the State Planning Commission. and subject to the following conditions; 1. Development shall proceed in accordance with the plans and

written documentation accompanying the application, unless varied by the following conditions.

2. The existing dwelling can only be used as a guest house ancillary

to the new main dwelling. 3. A schedule of colours, finishes and materials for all external

surfaces of the dwelling and shed shall be submitted to, and approved by Council prior to Development Approval being granted.

4. The method of stormwater disposal must not result in the entry of

water into any building or on to the land of any adjoining owner without their consent.

5. All scarring or physical disturbances of the land surface during

any excavation work shall be restricted to only that which is shown on the approved plan as required for building work and/or access purposes. All exposed faces around such scarred areas and spoil shall be screened with trees and shrubs and covered with suitable ground cover to the reasonable satisfaction of Council.

6. During construction of the development, hay bales (or other soil

erosion control methods as approved by Council) shall be placed above and below the excavated/filled site to prevent soil moving off the allotment during periods of rainfall.

7. Landscaping is to be established along the southern and western

side of the new dwelling, comprising of local plant species to assist in setting the dwelling into the landscape. The landscaping is to be established prior to occupation of the dwelling and nurtured and maintained and replaced when necessary.

8. Dwellings intended for human habitation must have a minimum

on-site water supply system equivalent to 45000 litres per dwelling.

9. The existing dwelling must have its laundry removed within 3

months of the new dwelling being occupied.

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10. An independent water supply shall be available at all times for firefighting purposes.

• A minimum supply of 5000 litres of water shall be available at all times for bushfire fighting purposes (in accordance with the Ministers Code).

11. All water tanks used as a dedicated water supply for bushfire

fighting shall be made of non-combustible material. 12. The driveway access from the edge of the sealed road to the

property boundary shall be a minimum of 4.0m in width and be constructed in a material that;

• Provides all weather access

• Does not result in loose debris being deposited on the sealed road

• Provides suitable vehicle traction when exiting the site • Maintains the flow path of any existing side drain

13. New access onto Inman Valley Road shall be located in general

accordance with Sarah Homes Site Plan, Job No. 4523PE, Drawing no. 2/7 dated 4/5/17 (amended plan – Council stamped 14/12/17), or as approved by Council’s Engineers.

14. Temporary debris and sediment control measures shall be

installed to ensure debris, soil, soil sediments and litter are contained within the construction site. At no time shall debris, soil, soil sediments and litter from the construction site enter Council’s drainage system, Council’s road network, or neighboring properties. Pollution prevention measures shall be in accordance with the Environment Protection Authority’s Storm Water Pollution Prevention Codes of Practice.

DPTI Conditions 15. The existing central access point located approximately 70m from

the eastern property boundary shall be permanently fenced off. 16. The western most access shall be used for access to the western

paddock/emergency purposes. 17. The existing centerline marking on Inman Valley Road at the new

access and at the central access point this is being closed shall be modified to the satisfaction of DPTI, with all costs being borne by the applicant. The applicant shall contact DPTI’s road and Marine Assets, Asset Enhancement Engineer, Mr. Justin Henderson on telephone (08) 7223 6029 or mobile 0421 617 255 (justin.henderson@sa.gov.au) to discuss the line marking modifications.

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9 Confidential Reports/Items

Nil. 10 Other Business

Nil. 11 Policy Issues Nil. 12 Next Meeting

The next meeting is to be held on 19th June, 2018

13 Meeting Closed

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